SIDEWALK WAIVER GRANTED (353)
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THIS J\GREEl\IE?..JT, made and entered into this" 12th day of September
19. 74 by and betwcen the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafft.er referred to as "CHy"; and MORGANBILTHOMES INC., A FLORIDA CORPORATION
hereina.f!Jer referred to as 'Uvmer";
WITNESSETH:
WHEREAS, the Ovner owns the following described real property situated in the
City of Clearwater, p~'";;:renas County, Florida, to wit:
Lot 10, Orange Blossom Subdivision
1519 Owen Drive, 'Clearwater, Florida
and
WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, whi.ch is to have new construction on it, either forresi;;.-
dential, Comm.erciail, industrial or other purposes, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
WHEREAS,. lfuc Owner is e:l7ecting certain ne\v construction on said property and has
reqpested the City :ilt this time not trD require the innnediate installation and (Xl nstruction
of mdewalks in c.'trJL1ll.ection therevvttlb; and
'WHEREAS" the Owner haS' :agreed that if in the future the City, in its sole discretion,
determines that :i!lt is advisable ana necessary to have such sidewalks installed, that the
Ovmer will, upon notification by,tfue City, have sidewalks immediately installed at his ex-
pense, and if he should fail to d(!;J ~a then the City may have said installation made and impos(
a lien against the described rea!! Jrn"Operty for the cost hereof;
NOW, THEREFORE, h: C'lInSideration of the foregoing premises and other good and
valuable consideration between tlhe parties, receipt of which is hereby acknowledged, the
parties hereto covenant and agree as follows:
1. The City will not at tTInis, time require the installation and construction of
sidewalks as part of the erection' oS[ the building and improvements by the O\\'11er on the
above describedre..w. property.
2. The Cittymay at any 1HT.me in the future notify the Owner, his heirs, personal
representatives, su'tces~ors or :l$signs that the City in its sole discretion has determined
that it is advisablre and n,~cessar~~ to> have sidewalks installed in connection with said
described real propt"'Ity.
.
3. The Owner or his hei:~s, personal representatives, successors or assigns shall
athi:i expense within nin~ty (90) days from the notification by the City have sidewalks in-
stallc.d for said described real property in accordance with City specifications and standards
as es"lIablished.
4. If the Owner or his heirs, personal representatives, successors or assigns shall
{,'<l~l tn have sid~walk~ installed for thedesc~ibed :~ealprope*f in accordance with City
specifkationsand stan.ianis ~;\il:.cninety (90] days fr'omtnenOtltiCatlonby the City,
then tbc 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 agreen'lent is to be regarded as a covenant running with the land regardles s
of whether it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreeIncnt shall be binding on all parties, the heirs, personal representatives,
successors or assigns.
6. All notices pur.;uant to this agreement shall be furm.ished to the respective parties
at the following addresses, until receipt of written instruction::: notifying the other party
of a,:€1iffc'Tcnt address:
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Cit)::
City'Manager
PO Box 4748
Clea:T\vater. Florida
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3351t1l 4.II'N
Ov,:nc:: :
Morganbilt Homes, Inc.
5672-33rd Ave. North
St. Petersburg, Fla.
33710
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o.R.4227 r~GE1453
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IN WJTNES::i iV llE:REOF, the parLicL; hereto have caused these presc'utcd to be
executed the day and year ,last above written. '
By
. Attest:
ess:
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As to Owner
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Owner
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STATE OF FlUO>RIDA )
COUNTY (OF Pu:IDlJ"ELLAS 1
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J.~~ day of ~ ~.- -: 19 7~ ,
before me lPers;:o.nally apP'~.JJ.Ired Gu L. Kenned Jr. R.G . WHitehead
and H. Everett Iic:>ugen , roespectively City Manager, ") .ttorney, City Clerk
,and Mayor-Corru:nissioner of the City of Clearwater, a municipal corporation existing under
the la~vs oJ 1tn<e SJate of Fl<D:dda~ to me known to be the individuals and officers described in
and who executed the foregoing Agreement and severa~.ly ar;knowledged the execution thereof
to be their free act and deed as such officers thereunto duly a\.1.thorized; and that ~he official
seal of said municipal corpor.ation is duly affixed thtr ~to, and the said Agreement is the,
act and deed of said corporation.
IFJERlE1l3Y CER TUTT, thalt: on this
My CommissiQn ~xoires:
Nota~ Public, State of Frorldci or LlIf98
My Commission Expirel Sept. 29, 1977
Iondud by American Fir. a. Colllalty Co.
WITNESS my signature and official seal at Cle;Lrwater in the c,e~qtf'bf,'J1inellas
and State c~ Florida, 'the day and year last above written.' ,<}:-:::~,~:,:.,~.;~.,.;.,
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Notary PubJl'c' ,,:).~ " ~'(:\'~:j :
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Before me personally appearedGHALEC. THOMAS, President MORGANBILT HOMES, INC.
to me ,"vell known and known to me to be the individuals described 'in and who executed the
foregoing agre:ment and acknowledged before me that they executed thes<.Yp~ .!~J;liir.c~~ '.
purposes ,thereln expressed. ' "-T:.': -l:j.
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day 'off Sep!O[I1" be~,:., ,~'9 '~~.~ .
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WITNESS my hartd and official seal this
12th
My Commission Expires:
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.Clearwa.ter, Florida. 3351~
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