SIDEWALK WAIVER GRANTED (264)
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\\ ~ -\ ,l/\~~826 PAGE 852
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AGREEHENT
by
to
to
IL\.S AGREEMENT, made and entered into this 22nd
and .'Lwe~n the CITY OF CLEARiVATER, FLORIDA, a municipal
as "ei ty"; and Lewis Gooch, a single man,
as "Owner";
day of Ju~___,____"_, 19 72
corporation, hereinafter referred
hereinafter referred
WITNESSETH:
HHEREAS, the Ohmer owns the following described real property situated in the City of
Clearwater, Pine1las County, Florida:
Lot 53, Bayside Subdivision Rep1at:
225 Harnden Dr., Clearwater
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 purposes, shall have sidewalks 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 installation 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 necessary 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 against the described real property for the cost hereof;
NOW, l~EREFORE, 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 require 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 t:1me 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 necessary to have sidewalks installed in connection with said
described real property.
3. The Owner or his heirs, personal representatives, successors or assigns 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 within ninety (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 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 conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, personal representatives,
successors or assigns.
6. All rtoticespursuant to this agreement shall be furnished to the respective parties
at the following addresses~ until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Mr. Lewis Gooch
225 Harnden Dr.
Clearwater, Fla.
"~Wt:'L
This ins~l'uh1e?~~' i:';l'~, (>t~?~re~
HERBER'l !II, L.C " .', L"y At tulill
City of Cl.e><lJ'water, 1:- O. Box 4743,'1 JUL 6 2 30 PH '7Z
Clearwater. FIQrlda 335\t1..____
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CLfllK C1RCJIf COllin
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IU~TURN TO.
,CITY CLERI{
Ct;~' f., {:" ;:-- - y. 4748
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rO.R. .3826 PAGE 853
IN PITNESS WHEREOF, the parties hereto have caused these
day and }\l'arl"3st above written.
Mayo
exeC'l.lted-:"the
,,,,.
CITY OF
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By
Witnesses: ~~;t3~
d~~ ~.rT !fl.,.:I~
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A-r;~e! tkUlj.
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Owner
WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
~~~./~~.
Notary Public
My CO~W~;ffil:c?~~&flflOrida at Large
My Commis:i.;:1 Expires Oct. 22. 1974
O\lod.d bt AmeriC;:~1l fillt ,& CasuaJry Co..;
STATE OF FLORIDA )
COUNTI O:e::::L::SperSO~allY 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 sam~.,;fti~~~'~?'e"purposes
therein expressed.
WITNESS my hand and official seal this
J-)~
day of 14'~'..:/:A'D' 1971-.
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?fk~4iL~~~
Mv ,CoIlID1i~sion F.xnir.es.
Notary Public. State OT-rtOrlda at Large,
My Commission Expires Oct. 30, 1973
Bonded by TransameriC<I lnsurance C~
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