SIDEWALK WAIVER GRANTED (122)
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PINELUS co. flORIDA
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CLERK CfRCUnt=OURT
III 1 3 51 rlt 'lJ
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I -"'" 1\ ~ O. ~. 4025 PAGE 333
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AGREF?!E~T
by
to
to
THIS AGREE~lliNT, made
and between the CITY OF
as "Ci ty"; and
as "Owner";
~. t~
day of' . ~
corporation, erelnafter
hereinafter
, :'97J...
referred
referred
WITNESSETH:
WHEREAS, the Owner owns the following described 55al property situated in the City of
Clearwater, Pinellas County, Florida: Ii&!/ bf/- //A/<'-?t.. 4.5 '7ZrrJ'9ce Sv6.
/77JY ~fjlt,
~L.:e $ -;;c,. J Lt>
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 o,vner 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 innnediate 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 innnediately 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, THEREFORE, in conside'~ation 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 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 ~~ave.s--1.dewalks installed for the described real property in accordance with City
specifications and~7qndards within ninety (90) days from the notification by the City,
then the City may have 61~<;i.Q.t::.~~lks installed and assess and impose a lien agains t the
described real property for the co;-;:'~""'.h.a"':::>rk.
5. This agreement is to be regarded as a covenant :'"'-'uning 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. AHnotices 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:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
.r 11. 1 (:Orj.),
Owner: /llc'i~o L/ud1"r:e.v' /
/5'5 Z. ~'r':i.U st.
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t!Le,.:;rw4/1:1/' ,
RETURN TO:
C!,1<y C ~/c:,-e;t"
;:? (). bu A.. ~Y7 vF
(y!C=,4"et(;I9.!e/Z-/ ,i>/~ '. r
335"""/
This instrument v'Ias prepared By: /J~
Namell..c~ 6E/e/ "J.i5/tQ(JI~1 OlJr /7/~~lIItY
Address /? tJ ;:5, x (/ / V Y_ '._
(!~/?~~l"-7--rFR t:~ l
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I
I
o~ R.4025 PAGE 334
.~_....
IN WITNESS wllEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
MAY
3, 1~7.3
~
. C' ty Attorney .
Witnesses: ..' J
~<2~ G ~--
L~~
A~ to City
~Cf~
As to Owner
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this ~ day of ~ ' A. D. 197:3
before me personally appeared Merrett R. Stierheim, HerbertM. 'Bro , 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 individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution thereof to be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said wunicipa1
corporation is duly affixed thereto, and the said agreement is the act and deed of said
corporation.
___~_~TNESS my signature and official seal at Clearwater
State of F~ay and year last above written.
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in the County of Pine11as and
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My Commission Expires:
...
t.lnbry Public. State of Fbr;r1a nt large
MV Commission Exp;re; ~s~t. 29, 19/3
Bonded By American Fire &. <...dsualty Coo
STATE OF FLORIDA )
COUNTY OF PINELLAS )
. . . G< ... .~. ...... ... .. . u._..... .... . .... ......... ...... ....->
to me we~~f~:~w~ea~~r~~:~~~oa~~e~:e~e the ~l?d~ in and who 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
c::>I{p~
day of ~./
A.D. 19Z2......
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My Commission Exnires.
ltOTARY PUBLIC, STATE OF FLbRIDA AT LAROr
MY COMMISSION EXPli;.... .....<to 29, 1974
BONDED JilRU fRED W. OIE:)1 tlHuKSr
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