SIDEWALK WAIVER GRANTED (85)
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AGREEJ'.'1ENT V
entered into tbi s /6 day of t>>?/9 V ._ , 19-Z2.....:
FLORlqA, a municipal corporation, hereinafter referred
/.... ~~L. S, I~c-;: tt/ ~(E. hereinafter referred
WITNESSETll:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
LO.7 '7. IJ,-oc-.~. V1./3/c'OOffh I L'- /t(A//7JY /9?S 0
and \< I'\) U \..{) N . If 5 '3 If () S c:.r/'1 M f.. <2 ;z:. € ~ ?;.
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 there'l'lith; 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
~vner 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 an~ impose
a lien against the described real property for the cost hereof;
. NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration between the parties, receipt of 1vhich 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 erectiqn 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 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 notices pursuant 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:
i ;~Y 23
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Owncr:~ 1!/#-
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City:
Nr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
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, r ETUFN TO:
CTry CLERK
P. e, BOX L~748
CLEARWATER, FLA. 33518
This instrument was prepared by:
H~RBERT M. B20WN, C:ty A!-torney
CIty of Cj(.a wat.r, .P.O, R;x 4"/48
.c.le~l'water, Florida 33518.
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[O.R. .3795 PACE 29,
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rLJY und YCO-,:lr last above. \'n:itt~'n.
By
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Hi tnesses:
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STATE OF 17L01\ IDA )
COUNTY OF PINELLAS )
As
I HEREBY CERTIFY, that on this C:Z3.A-t:fL day of ~~ , A.D. 19"7 ~ >
before me personally appeared 1'1errett R. Stierheim, Herbert H. Brownt1"R. G. \vhitehead and '
H. Everett Hougen, respectively City Nanager> City Attorney, City Clerk and Hayor'-Commissioner
of the City of Clean/ater, a municipal corporation existing under the lmvs of the State of
Florida, to me known to be individuals and officers described in and \\1ho executed the fore-
going Agreem.ent and severally ackno\ovledged the execution t]~,e:ceof. to be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affix~'d thereto, and the said agreement is the act and deed of said
corporation.
WITNESS my signature and official seal at Cleanlater in the County of Pinellas and
State of Florida, the day and year last above written.
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Netjlw public State of F!,,~il!~ at brg.
My C~mmissioa hi;:'''' Sept. 29. l,)/J
Bonded By American Fue & Ci'sualty Co.
STATE OF FLORIDA )
COUNTY OF PINELLAS. ._)_n
Before me personal~y appeared 1- /71(~ V F' )/ut.-7 V- L Olt.J(I7//l/CL.. S(;'I{$tpt'~'7;) ___
to me well knmVl1 and knmVl1 to me to be the individuals described in and who executed the
foregoing agreement and acknoHledgcd before TIle that they executed the same ('r the purpOses
therein expressed.
WITNESS my hand and official seal this
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_ day of I1l/(Y__A.D. 197A'
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