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SIDEWALK WAIVER GRANTED (122) "----- -~-~. ,,-- '~--"'-''''-'--'''''-----'-'"'~''';j.;:-''-:''-:>;l,.:.",,-.ft1:V'11"V'~"---l'I~-~~ 'PIlT'1~ PINELUS co. flORIDA -l-\. .. "--~ CLERK CfRCUnt=OURT III 1 3 51 rlt 'lJ ....~'~,.,J...I(!~., ~.~.":~~'nt;_,~...~_ ~":;:~~~~-k;:':_'~i:~-td~:"<:'.i1.-:;-:;.1;'_;:';:~~~'j:-::;'!,;aol'i;~;,;-:~~::;i';'-i;:Y..""J.. ':'71;';1!:~ l t c; 0- 13059690 I -"'" 1\ ~ O. ~. 4025 PAGE 333 \"1 ",' G\. 'V,;o ~',~ . '... ........ 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. -+- reA- . 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 / 035.:'/d; ( 0'1-D20...~IJ. ."",.~._~-....---,..."-~-----~,-,,,~ -~- -...~,..~-". ~,. 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 - --- . /. -- - . _. - ...:....~ - '- --- -' r .. _ .- ,,' 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. -------------'~-----------. in the County of Pine11as and ----------. ,'k~R;~tt~ ----- ~. ~--------------- ----........... 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...... . .. .:-~~'--'.'._~._'-----~h':~a.. ':-~ : -. .. ..... '.-: .':" *-- --.. ,... 1.... .~J -No ary Public'.' ..~. .- - - .--- - .': ., -----0- ',- My Commission Exnires. ltOTARY PUBLIC, STATE OF FLbRIDA AT LAROr MY COMMISSION EXPli;.... .....<to 29, 1974 BONDED JilRU fRED W. OIE:)1 tlHuKSr ...... :.. J" '.