SIDEWALK WAIVER GRANTED (334)
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84
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DEe\? 4 "I'~ t1' AGREEHENT
THIS AGH.EEHENT, made and entered into th is 9 day of December ,197 I ,
by and between the CITY OF CLEAR\'1NfER, FLORIDA, a l'lunicipal corporation, -
hex-cinafter referred to as "City"; and Leonard P. & Harriet M. Couzens
hereinafter refE;rred to as "Owner'~;
\VITNESSETH:
WHEREAS, the Owner
the City of Clearwater,
ow~~ the following described real property situated l~
F'inell::t~:~nty, F~" ~"U\ \)~dro
Del Oro Estates Plat Book 46 Page 29
and
\vHEREAS, Ordinance No. 1219 of the City requlres that all land that abut~
a public 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 thereto; and
\-JHEREAS, the O\mer is erecting' certain neY] 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
HHEREAS, the Owner has agreed that if in the future the City, in its sole
discretion, determ~n~s 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 installation made and impose a lien againE',:i-c- the
described real property for the cost thereof;
NOW, THEREFORE, inconsideration of the foregoing premises and other gooe
and valuable con~ideration 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 ~cquire the installation and
construction of sidewalks as part of the erection of the building and
improvements by the Own~r.ori the, above described real property.
2. The City may at any time in the future notify the Owner, his heirs,
perso'nal 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 assigr
shall at his expense within ninety (90) days from the notification by the City
have sidewalks installed for said described ,real property in accordance ~Jith
City specifications and standards as established.
4. If the Owner or his heirs, personal representatives, successors or
assigns shall fail to have sidewalks installed f6r the described real propert~
in accordance with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalks
installed and ~ssess andimoose a lien against the described real nrODertv for
the cost of the \-lOrk. . . '-' . " -
5. This agreement is to be re~arded as a covenant running with the la~d,
regardless of whether it is specificaliy mentioned in any deeds or convevance~
subsequently executed, and this agreement sllall he hinding on all parties, th~
heirs) personal representatives, successors or assigns.
6. All notices pursuant to this a~reement shall he furnished to the
respective parties at the followin~ add~esses, until receipt of written
instructions notifying the other party of a'different address:
City: ' ~o\'mcr,:.
Hr. l1errett R. Stierheim 'K' '. . b '
City Hanapc;- '. ." ~-~~
P.O. Box 1718. -l .A-../ - ___/1-;7 (T~, _'-J '. '
Clearyl(lter) Florida 33518 'Ir~,L./ /. / . ~;c>Z/~
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hereto have ccn'se
\vritten.
:O,R. 3685 PAGE ,85
COl"'rectne ss:
to be
FLORID'
Witnesses:
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, . \Vner i
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"s - OHner .
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY J that on this /171:tiday of /O~, A.D. 197.LJ
before me personally appeared l1errett R. Stier~rr1, Herbert 1'1. Brm.m,
R.G. Whitehead and H. Everett Hougen, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner.6f the ctty of Clearwater,
a municipal corporation existing under the 'laiVs of the State of Florida, to
me known to be the individuals and officers described in and who executed the
'foregoing Agreement and severally acknowled~ed the execuiion thereof to be
their free act and deed as such officers thereunto duly authorized; and that
the official seal of said municipal corpor~tion 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 "lritten.
'X~'~~
Notary, Publl.c""
----
My Commis,sion Expir.,e~:
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i,.j &~';.~~'.j by ~~.'eJ~~ill: ri;3 & Cas.L.iahy Co!,
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before m~' pers<:>nally appeared,Grl7J21.41l4 I? t;(./~~:i I +.ul-/d7711, ~vz-.€N':;
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to me well knm.m and knm.m to me to be the 'individu-i3.1s-describea-ih and \olho
executed the foregoing agreement and acknowledged hefore me that they
executed the same for the purposes the~ein expressed.
WITNESS my hand arid official seal this r day
A.D. 197L.
My Commission Expires:
t!;L2Y7Z--
This instrumed was prepared by:
HERBERT lVI. B:;:~JWN, G:ty Attorney
City of Clearwater, P. 0, Box 4748
Clearwater. Florida. S361~
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