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SIDEWALK WAIVER GRANTED (310) I 'L by to to ~HIS AGREEMENT, made and entered into this and between the CITY OF CLEARWATER, FLORI~ a as "City"; and YJhoj-t; Cfo/h()t)-Ul (\:ti.&n, . as "Owner"; dlo7h municipal ~ ~(~. ~8GG PACt 111 @'\,1,1~, day of _ 4J_.u ____,______, 19 7~ corporati~inafterreferred hereinafter referred I I 12108646 AGREEHENT WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: of/#;o S/j~3Q , w )j ~&J<.J U. /576 J PP..<'IVlKldU'l-J .~ eM, and ./ ~ WHEREAS, Ordinance No. -1219 of the City requires that all land that abuts a public right of way, ,,,hich is to have oe,,' construction on it, either for :cesidential, commercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and WHEREAS, the o.vner 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; NOlv, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration between the parties, receipt of \vhich 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 uecessary 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 '\lith City specifications and standards as established. it,. 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 \vith 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: City: Mr. Merrett R. Stierheim City Manager P.O. Box 1+748 Clearwater, Florida 33518 ~~r:~o~ {1, ",\'~lr'?J5:)./,~ lJ. AUC';;~),J.J" 3351.5 II l.i6AH 'll RETURN TO: CITY CLERK P. O. BOX 4748 CLEARW A TER, FLA. 33518 Tl~;"i h~!";T1e:l (, I'i ,:; pre;) 'lJ'cd by: HEREvR'I' , r T'" r;'.' , \. 'D-I/L -- 1.\:.... l.;.j,,~:,j \r" , l.< l:'...ltcl';~ey City of Clearwater, P. O. Box 4748 Clearwater, Florida 33518 [)7- 06:1 - (..')0 (1)@ , I I (O,R. 3866 P~Ct 112 it IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. CITY f) 4~~Lrn, ~DA\, ,',',' BY~ City Manager At~, '// / ~~~ City Clerk Witnesses: \ (, ,~ .-:, ~~ 7!5-,~~ As to Z~~,{ ~ ~~~~,,~,/ y;~ As to Owner ~ " ,/ - \ .,..,-' t:". '- STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this .2 f? day of ;J~,I1~ f:- , A. D. 197;;:L before me personally appeared Merrett R. Stierheim, Herbert M~- Br8:v;,......R~ G. Whitehead and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Hayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, ta me knm,m tobe i.nd:Lviduals ano officers des'2ribed in and Fho executed the fore-__,__ going Agreement and severally acknowledged the execution U,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 affixed thereto, and the said agreement is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the 'day and year last above written. . ".' ., '-1'/~<";~~:~~'C:';..~ / ~ t , ) ~----.:..;::. /:iary~~:LiC-~ ......; - '-..... ::.: ~~ My Commission Expires: Rota.y Puhlic, Stat~ of Florida at 1..- My Comllli~~ioll Expilt,) Sept 29, 197) Bonded By American Fire & CilsulIhy Co. ,:;:...:- . ,,"" "" STATE OF FLOR IDA ) COUNTYOFPINEL1AS -.t Before me personally appeared to me well known and known'to me to be the individuals de ed 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 J?'tP day of ~4' :1" ~.'~ / A.D. 197.;z.. . ,..". ; , ' ./ Ln~4'Z_;. , Notary P1;b }J,(;o' My Commission Expires: ~ dl(~/7.-i-