SIDEWALK WAIVER GRANTED (84)
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AGREEMENT
THIS AGREEHENT, made and entered into this Ih day of December ,1971,
by and between the CITY OF CLEARWATER, FLORIDA, a Municipal corporation,
hereinafter referred to as "City"; and King & Stellg K. Lucas
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated In
the City of Clearwater, Pinellas County, Florida:
Lot 55, Block M, Brookhill Unit #6
l37( South Hillcrest, Clearwqter, Florida
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts
a public right of way, which is to have new construction on it, either for
residential, commercial, industrial or other pur'poses, shall have sidevJalks
constructed by the owner on, across or adjacent thereto; and
WHEREAS, the Owner is erecting certain new construction on said property
and has requested the City at this time not to require the immediate installa-
tion and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sole
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 so
then the City may have said inst~llation made and impose a lien against the
described real property for the ~ost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable consideration between the parties, receipt of which is hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The City will not at this time ~equire 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 determined that it is advisable and neccessarv to have sidewalk!
installed in connection with said described real property.
3. The Owner or his heirs, personal represenative~, successors or assign~
shall at his expense within ninety (90) days from the notification by the City
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 property
in accordance with City specifications and standards Hithin ninety (90) days
from the notification by the City, then the City may have the sidewalks
.-~-installed_andass~s$__and impose a lien against the described real property for
the cost of the work.
5. This agreement is to be regarded as a covenant running with the land,
~ regardless of whether it is specifically mentioned in any deeds or conveyances
~~~subsequently executed, and this agreement shall be binding on all parties, the
~]~eirs, personal representatives, successors or assigns.
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~.c~ ~ 6. All notices pursuant to this agreement shall be furnished to the
~Q &~spective parties at the following addresses, until receipt of written
~~~:~~structions notifying the other party of a. different address:
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~ g;: ~.s ~ ty : Owner:
;:: 0 -2 ~ Mr. Merrett R. Stierheim
+'>~~ ~ C' .
@ ~ f$ ~ ~ ty Manager
S ~ ~ ~ P.O. Box 4748
~.~ G ~ Clearwater, Florida 33518
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o.H.3702 PAGE272
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WITNESS WHEREOF, the parties hereto have
e day and year last above written.
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to be
FLORID!
Approved as to rm & correctness:
~~~
lty Attorney
Witnesses:
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As to O"mer
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this I')l~y of ~ A.D. 197Y.
before me personally appeared Merrett R. Stierh~m, Herb t M. Brovm,
R.G. Whitehead and H. Everett Hougen, respectively City Manager, City
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 Agreement and severally acknowledged the execution there0f 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 Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
'K~'~~
Notary Public
My Commission Ex~ires:
Notai)' Pu~'lir., St~le of florlda "t Large
My (0;]1'.";-,]:<:1 [:,:~;;t::s D:t. 21, '1914
Bonded bv American fire & Casually ,C()..!.
STATE OF FLORIDA )
COUNTY OF PINELLAS)
B~,[9_:r..~ rn_E::_personally appeared
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
King Lucas and Stella K. Lucas, his wife,
WITNESS my hand and official seal this~day
of ~. A.D. 197)
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.. ~PUbllC "
My Commission Expires:
Notary Public, State of Florida at Large
My r.nmmi~sion Fxoi(es JULY 6 1975
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