SIDEWALK WAIVER GRANTED (81)
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,O.R. .J {U' PAGE 283
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nlIS AGREEHENT, made and entered into this 3rd day of December ,1971>,
by and bct~"cen the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter -
referred to LIS "Ci ty"; and KENO COMPANY. INC.
hereinafter referred to as "Owner";
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C~lRlt, C'ftCUIT COURT
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A G R E E MEN T
WITNESSETH:
WHEREAS, the o.-mer owns the follo\"ing described real property si tuated in the
City of Clearwater, Pinellas County, Florida:
Lot 73. Replat of Ardmore Place, according to Plat Book 25,
Page 56, Pinellas County, Florida .
/3'17. ~
and
HHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of ~"ay, which is to have nelol construction on it, either for residential,
c0ITU11ercial, industrial or other purposes, shall have side,,,alks constructed by the
ololner on, acroSG or adjacent thereto; and
vlHEREAS,the o."ner is erecting certain ne,,, construction on said property and
has'requested the City at this time not to require the inunediate installation and
construction of sidewalks in connection therewith; and
WHEREAS, the O.mer has agreed that if in the future the Ci ty, in its sole dis-
cretion, determines that it is advisable and necessary to have such sidelolalks
installed, that the OImer "lill, 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;
NOW, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration between the parties, receipt of which is hereby acknO\\Tledged,
the parties hereto covenant and agree as fo1lov18;
1. The City \Vill not at this time require the installation and construction
of sidelolalks as part of the erection of the building and improvements by the O"mer
on the above described real property.
2. 111e City may at any time in the future notify the Oi;vner, his heirs, personal
representatives, successors or assigns that the City in it~ sole discretion has
determined that it is advisable and necessary to have sidclolalks installed in
connection with said described real property.
3. The Oi;vner or his heirs, personal representatives, successors or assigns
shall at his expense \\Tithin ninety (90) days from the notification by the City have
side,"alks installed for said described real property in accordance \'lith City
specifications and standards as established.
4. If the Oi;\Tner or his heirs, personal representatives, successors or assigns
shall fail to have sidewalks installed for the described real property in accordance
with City speci[ication~; and standards vlithin ninety (90) days [rom the notification
by the City, then the City may have the sidel-lalks installed and assess and impose a
lien against the described real property for the cost of the work.
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;,:, gj ~ 5. This agreement is to be regarded as a covenant running _Hi th the land,
~~ ~ regardless of I-lhether it is specifically mentioned in any deeds or conveyances
~~ ~ ~subsequently executed, and this agreement shall be binding on all parties, their
~ >.~ ~heirs, personal representatives, successors or assigns. .
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p, - . '"d 6. All notices pursuant to this agreement shall be furnished to the respective
~~~'~parties at the following addresses, until receipt of written instructions notifying
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:;; (.: t: ~the other par ty of a different address:
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;:;:Q ~ 8 Ci ty:
s".~ .~ ~ Mr. Merrett R. Stierheim
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~~u-... C1ty Manager
rn. L' ~
~ ~, a.l P.O. Box 4748
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r(J ~ 0 U Clearwater, Florida 33518
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. Missouri Avenue
ater, Florida 33516
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[l.R. 3102 'PAtE 284
IN WITNESS mIEREOF, the parties hereto have caused these presents to be
executed the day and year last above written.
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corr tness:
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City At torney
Witnesses:
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,AS to Oivner /' I
STATE OF FLORIDA )
COUNTY OF PINELLAS)
BY
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~.~esi"de~"t..'
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I HEREBY CERTIFY, that On this ~day of L0!.~ A.D. 197~,
before me personally appeared Merrett R. Stierheim, ~;;;-tM:-;' Br~ypl> R. G. m1i tehead
and H. Everett Hougen, respectively City Manager, City Attorney, Clty Clerk and Mayor-
Conunissioner of the City of Cleanvater, a municipal corporation existing under the
lmvs of the Stat,e of Florida, to me knoHn to be the i.ndividuals and officers described'
in and who executed the foregoing Agreement and sevcrcllly acblOwlc.dged the execution
thereof to be their free act and deed as such officers thereunto duly authorized; and
that the official seal of said municipal corporation is duly affixed thereto, and the
said agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Cle~rwater in the County of Pinellas
and State of Florida, the day and year last above written.
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~6ta~ ~~(~ ~fate oJ} Ffo~fai Jl ~~~e
My Commis::io;n .Expires Od, 22, 1974
Bonded by American FilV & Casualty Co~
STATE OF FLORIDA )
-- GO~'fY--eF-i'-TNELLAS)
-------- -----=-- -----~ _-C..--____ --~___~__ _~_'___~_______,__ ____,_.".___..__-c___,.______._________. __________'__
Before me personally appeared ~<L~~' \~
to me well knovm and knovlD to me to be the individuals described in and ",ho executed
the foregoing agreement and acknowledged before me that they executed the same for
the purposes therein expressed.
WITNESS my hand and" official seal this
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day of ~O(Cl~ >~..D'.'197'.
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My CO~nission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES JAN. 27, 1975
GENtRAL IN&I:IRJ\N_Ci UNDERWRITERS, INC,
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Notary Public '._:. -: '" j .
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