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SIDEWALK WAIVER GRANTED (305) . . c9..Q I;'" 3-11, 7-S.- ? I 750~0434 PeR I I'l o. t 4268 PAGE 726 /~- '~ .L- ...-- THIS AGREEMENT, made and entered into this ~~ day of -f~%t{a::.-::- 19 7) by and betwee.n the CITY OF CLEARWATER, FLORIDA, a munic;ipal...c<Jrporation, hereinafter referred to as "City"; and 1l111!lif.,t:Y K. "f1\J() /y?~/(..YI"'l/ ~1Ic/1J- hereinafter referred, to as l'Owner"; AGRE EMENT u WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida, to wit: L.oT ''a (ANW'l!3ViJ..Y t:j,r:,"!/13 And WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land that abuts a public right-of-way, which is to have new construction on it, either for resi- dential, cOl!ll:\ercial, indLstrial or other purposes, shall rave 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, determiries 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 ex- pense, 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 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 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 recessary to have _sidewalks installed in connection with said described real property. . 3. The Owner or his heirs, personal representa~ives, successors or assigns shall at his expense within ninety (90) days from the. notification by the City have sidewalks in.. stalled for said describec 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 execut~d, and this agreement shail be binding on all parties, the heirs, personal representatives, successors or assigns. 6. All notices pursuant.t.o~his agreementshCillcbe furnish~d to_t~e respec~:ive _ _ parties at the following addresses, until receipt of written instructions notifying the otller party of a different address: ~., '\I' :\'. ......-1L~,"n:~. . '~H,-. It. City: City Hanager PO Box 4748 Clearwater, Florida fi,f"QRDED r.~n~:A~ to: flORiD.. ~~~ gbF.~K Elfii:IHT C(lUIU 33518 . HAl 'Z2 i~ PH '75 Owner: fhfi(l)UEV Ie. fiN]) ,neAlLyAl U1-S/fU/J- \~Jj US', '1 5_ APT (;-).- 3 C Lf A fl. uJ he ltt F-L '3 JJ, 6 This instrument was prepared by: Name Herbert M. Brown -1- Address City of Clearwat~. P. O. Box 4748 Clearwater Fl 33518 i I I o 1o'Jo(X)(?~ j1 I .. , I a. R. 4268 PAGE 727 IN WITNESS WHEREOF, the parties hereto have caused these presented to be executed the day and year last above written. CITY By Approved as to form & correctness: ~/~ Ci y Attorney' ksEAL) Owner ( WITNESS my signature and official seal at Clearwater in the and State of Florida, the day and year last above writ~en. Coun t y. "q~~,'!:1f'eTW'& (, i:~~':C:;'~c.~~~~ ~ '; ~ ~:u;~~, /S! IJ :~'- tt":, ;i ~,' '" ".. .... ..- :' 'J I j 8 ;;1 . ,~.. . ' . , : ~,(1'1 C' Ci7 ' U. ~.': -: ~f ':J .... .\'..- .&. ~i..\~>, ~~,. tl 1 C) \ ~ ""<~:'>,..: .. ....\..: , J /' i ~. My Commission Expires: Notary Public, State of Florida at larg~ My Commission Expires Sept. 29, 1977 !Sanded by Amencan tire IS. l.;asualty Co. _STATE OF FLOlSIDiL._J__ COUNTY OF PINELLAS ) Before me personally appeared fl11}tdu:-)" Ie /t/I,;; 1J1lJtU'-YtV L/j[!tr/(j 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 same for the purposes therein expressed. ;", --- of rc 13 . , 19 75 WITNESSInY hand and official seal this t~")"'\ l~':. r My Commission-,:i>xpir~~,:! . .' \ \v:" Ndfary Pu",.~-..' . ,- ..:,'. M. .~ ~/c.. state of Fror1d1t It '1: . y Commlocr~. E .. .' . 1-- .......Oo.~" PI,.o ""V' '.... 'O;V ;.. ".:~ vO j~I._ ?S, 1976 -2-