SIDEWALK WAIVER GRANTED (79)
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REGORDED
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AGREEMENT
THIS AGEED1ENT, made and entered into this 3rd day of December ,197 1
by and between the CITY OF CL:fARHATER, FLORIDA, a n\lnicipal corporation, -
hereinafter referred to as "City"; and KENO COMPANY, INC.
hereinafter referred to as "Owner";
WITNESSETH:
HHEREAS, the Otmer owns the following described r'eal property situated ~
the City of Clearwater, Pinellas County, Florida: dd-
Lot 75, Replat of Ardmore Place, according to plat book 25,
a~~ge 56, Pinellas County, Florida
\.olHEREAS, Ordinance No. 1219 of the City reauires that all land that abut
a pu'.lic right of way, which is to have new construction on it, either for
residential, commercial, industrial 'or other purposes, shall have sidewalks
constructed by the owner on, across or adjacent tllereto; and
WHEREAS, tIle Owner is erectinr certain new construction on said property
and has requested the City at this-time not to reauire the immediate installa
tion and construction of sidewalks in connection therewith; and
HHEREAS, the Owner has agreed that if in the future the City, in its sol
discretion, determines that it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks immediately installed at his expense, and if he should fail to do s
then the City may have said installation made and impose a lien against the
described real property for the cost thereof;
NOW, TIIEREFORE, in consideration of the foregoing premises and other goo
and valuable consideration between the parties, receipt of which is hereb
ac;kn9w.1G.dggct,._ the....par.t.i~,':~Q,w . .4ia,.,@l'1l!rhL, '~nd'~cr!!T~" 1rs' r6r'loVs :,~,,,",~
1. The City will not at this time reauire the installation and
construction of sidewalks as part of the erection of the building and
improvements by the Owner on the above described real property.
2. The City may at any time in the future notify the Owner, his heirs,
personal representatives, successors or assigns that the City in its sole
discretion has det~rmined that it is advisable and neccessarv to have sidewal:
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assi~
shall at his expense within ninety (90) davs from the notification bv the Cit_
have sidewalks installed for said described real property in accordance with
City specifications and standards as established.
4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed for the described real propert
in accordance with City specifications and standards within ninetv (90) days
from the notification by the City, then the City may have the sidewalks
installed and assess and impose a lien against the described real propert~,!o
the c,ost of the work. . - ,.
5. This agreement is to be re~arded as a covenant running with the land
regardless of whether it is specifically mentioned in any deeds or convevance~
subsequently executed, and this agreement shall he binding on all parties, thE
heirs, personal representatives, successors or assi~ns.
6. All notices pursuant to this agreement shall be furnished to the
respective parties at the followin~ addresses, until receipt of written
instructions notifying the other party of a different address:
City: O\Vner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
KENO COMPANY, INC,
311 S. Missouri Avenue
Clearwater, Florida 33516
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~ ,iN WITNESS WHEREOF, the parties hereto have
executed th~ay and year last above written.
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Mayor-Commlssiorier / /
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Approved as to for~ & correctness:
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Hitnesses:
to be
FLORID)
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As to City
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STATE or F.LORIDA )
COUNTY OF PINELLAS)
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I HEREBY CERTIFY, that on this 3:Ead.ay of December, A. D. 197 1 ,
before me personally appeared t1errett I~. Stierhe j!'1, Herbert ~L BrovJn-;--
R. G. v.lhi tehead and H. Everett Hougen, re spect ivel v City Hanar,er, Ci tv
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
a municipal corporation existing under the laws of the State of Florida, to
me known to be the individuals and officers described in and who executed the
foregoing A,greement and severa).ly, acknO\I11edged the execution there0f to be
their free act and de,eoa$>suc'fu,i oFficers thereunto dulv author.'ized; and that
the 0 f f i ci a 1 s e al- Olf;safd,m.l;m-i~-.cop~a-t iOfl-'"4,&-,--et~ --a.f-+i x-e-d--t'he-roe-to,--aml-'
the said agreement is the act and deed of s~id corporation.
WITNESS my signature and official seal at Clearh'ater in the County of
Pinellas and State of Florida, the day and year last above written~
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My Cornmi s s inn itx.nu.ee s :
Notary Publi<, )tate oel-lei! -<Jl'"1..lmJ1
c'.' "'2 1"74
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I"!~Y ?,~~.J:'~i:;."~.,~ '~'__11,~r;nr, Fif'_i ..:.., 1~,1"':-,,!lY (0_
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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.. Gi'oot.o me-wellkri6wn and kROWn,,~Q ~~Llt!obethe-individuals described in and Vlho
E S'~ execu.ted, the foregoing agreement and acknowledped before me that they
~::= '~r ~ecuted1;h~ same for the purposes therein expressed.
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Z' /.: : ~ .~,";;,;W'J;'I'N.~?9,tiiy ':)1and and official seal this 3rd:lay o f)ecemberA . D. 1971
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Before me personally appeared
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otary Pu5"llC
NOTARY PUBLIC STATr.. Of' f:'ORUjA _II r i. !1"~<~1:
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