SIDEWALK WAIVER GRANTED (80)
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. \0 :Q,rffl9.5 PACE 288
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A G R E E MEN T
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THlfr AGREEt-lENT, made and entered into this 3rd day of December , ~:RX9Q.97J-
by and bct\Vcen the CI1Y OF CLEARWATER, FLORIDA, a municipal corporation, hereinaf tel' .
referred to as "Ci ty"; and KENO COMPANY, TN'~.
hereinafter referred to as lI(fivner";
WITNESSETH:
WHEREAS, the (fivner owns the follmving described real property situated in the
City of Clearwater, Pinellas County, Florida:
Lot 28, Replat of Ardmore Place, according to Plat Book 25 Page
56, Pinellas County, Florida; 1f//(j11 /3iJ"' 7I1/LToAJ Smfr'
and
\VHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, which is to have ne\V construction on it, either for residential,
connnercial, industrial or other purposes, shall have sidewalks constructed by the
owner on, across or adjacent thereto; and
vlliEREAS, the Oivner is erecting certain new construction on said property and
has'requested the City at this time not to require the innnediate installation and
construction of side\Valks in connection therewith; and
WIEREAS, the 0i1ner has agreed tllat if in the future the City, in its sole dis-
cretion, determines that it is advisable and necessary to have such sidewalks
installed, that the Oimer will, upon notification by the City, have side\valks
immediately installed at his expense, and if he should fail to do so, then the City
may have said installation made and impose a lien against the described real property
for the cost thereof;
NO\.J, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration between the parties, receipt of vJhich is hereby acknmvleelged,
the parties hereto covenant and agree as follows:
1. The City \\1ill not at this time require the installation and construction
of sidc\Valks as part of the ere.ction of the building and improvements by the Oi\1ner
on the above described real property.
2. The City may at any time in the future notify the Oimer, his heirs, personal
representatives, successors or assigns that the City in it~ sole discretion has
determined that it is advisable and necessary to have side'valks ins tal led in
connection with said described real property.
3. the Oivner or his heirs, perSOnal representatives, successors or assigns
shall at hifJ expense within ninety (90) days from the notification by the City have
sidewalks installed for said described real property in accordance ''lith City
specifications and standards as established.
4. If the ~vner or his heirs, personal representatives, successors or assigns
shall fail to have side\Valks installed for the described real property in accordance
with City specifications and standards within ninety (90) days from the notification
by the City, then the City Ulay have the side\,;alks installed and assess and impose a
lien against the described real property for the cost of the work.
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5. This agreement is to be regarded as a covenant running ,with the land,
regardless of whether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties, their
heirs, personal repiesentatives~ successors or assigns. .
6. All notices pursuant to this agreement shall be furnished to the
parties at the folloHing addresses, until receipt of written instructions
the otller party of a different address:
City:
lotr. Nerrett R. Stierheim
City Banager
P.O. Box 4748
Clearwater, Florida 33518
respective
notifying
ReCORDED
PINELLAS CO, "'LORI}4-
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'CLERK Clil,CUITCOUllT
outh Missouri Avenue
rwater, Florida
RETURN TO:
CITY CLERK
P. O.BOX 4748
CLEAHViATER, FLA,
H~y Z3
4 lij PM '7Z
33518
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This instrument was prepared b .
HERBEHTl\1.PI"\"'J 'C".t ALt y.
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CIty of Clop w,-j I'. r. 0 n-) ,,, y
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,Clearwater, Florida 83518
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ID.R.3795 'PACE 289
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
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executed the day and year last above written.
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As to City A .
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As to Oivner ,/ /
p1A~.. ,.~...'.E.R FLORIDA
By. _. .
Ci ty Nanagcr'
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C~ty Clerk ".' V' '"' ":;
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Approved as to for & correctness:
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City Attorney
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Owner
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WITNESS my signature and official seal at Clean-later in the County of Pinellas
and State of Florida, the day and year last above written.
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My Commission Expires:
bl' St t 0' Flu,;da at lar91'
NctarV Pu Ie, a e. c t 29 1973
" eXpires ~ep , ,
'VI'; Commission ':oF' to. Casualty Co,
Bonded By Amencan Ire .'
STATE OF FLORIDA )
-----CO~TY,GF-,P-:EN-EhLAS}
Before me personally appeared
HARRY D. HOCKENSMITH
to me well known and knoHn to me to be the individuals described in and \o1ho executed
the foregoing aErecment and aclmo\o1ledged before me that they executed the same for
the purposes therein expressed.
.,',<:,~~...j:),~~i'~t!ESS my hand and' official seal this
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day of ~CLr~ A.D. 197..
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Notary Public
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My COllll~i{;5{on Expires:
NOTARY l'UBtle STATE or flORIDA AT I:XRGt
. MY COMMiSSION EXPIRES JAN, 27, 1975
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