CANCELLATION AND DISCHARGE SIDEWALK AGREEMENT
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C I -Iv 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
TO: Mr. Thomas A. Bustin , City Attorney
FROM: Keith Crawford, Director of Traffic Engineering
COPIES: Mike Paroby
SUBJECT: Sidewalk Waiver
DATE:
July 12, 1976
Attached is a copy of a sidewalk waiver agreement processed in August,
1972, for Valencia Park Unitlr, located in the vicinity of Union
Street and Hercules Avenue. I This waiver apparently was issued to allow
the contractor to occupy som~ of the buildings before all the sidewalks
were completed; however, our inspection of the premises indicates that
all sidewalks that will be required by the developer are already
installed. Therefore, it would be appropriate to arrange for the removal
of this waiver from the records of the court.
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CITY OF CLEARWATER
CANCELLATION AND DISCHARGE OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS,
THAT WHEREAS, on the 30th day of August
M. J. Brock & Sons, Inc.
owner of the following described real property, sl'tuate, lying
and being in the City of Clearwater, Pinellas County, Florida,
to wit: . .
Valencia Park, Unit Number 1, Clear~q.ter, Florida, according
to map or plat thereof as recorded in Plat Book 69, Page 4, Public
, RecQrds of Pinellas COlJ,ntv. FIQ:r:ida
did enter 1nto an agreemen~ W1th ~ne City of Clearwater, Florida,
~ a municipal corporation, providing for the future installation
~ and construction of sidewalks by the owner; on, across o'r
~ adjacent to said described real property, and
, A.D. 1972
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~ now been properly complied with.
~ . NOW, therefore, in consideration of the foregoing premises,
the City of Clearwater, in its corporate capacity, does hereby
cancel and discharge said agreement this 16th day of July
A.D. 1976 , and does cause this instrument to be executed by the
Mayor-Commissioner, City Manager, City Clerk and City Attorney
respectively of said City and the Seal of the City hereto affixed.
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WHEREAS, said agreement was recorded on the 18th day of
September , A.D. 19 72 , in Official Record Book No.3879
page 585 , Public Records of Pinellas County, Florida, and
CounterSigned:
CITY OF CLEARWATER, FLORIDA
By ~~~~age:.
Attes
correctness:
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me the undersigned, personally appeared Gabriel Cazares,
Picot B. Floyd, R. G. Whitehead and Thomas A. Bustin
the Mayor-Commissioner, City Manager, City Clerk and City Attorrley,
respectively, of the City of Clearwater, Florida, to me well known
to be the persons who executed the foregoing certificate, and they
severally acknowledged the execution thereof to be their fre~'act
and deed for the use and purposes herein set forth.
WITNESS my hand
A.D. 19-1L'
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and offi cia 1 seal thi s 16th day of,J""-\J1JI1~";';
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My Commi s si on Expi re s : '
'NOtarY Pub!Je, State of florIda at I.clrge
My Commission Expires $\pt. 29. 1977
Bonded by American Fire & Casualty Co.
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~s~r~t\CE 585
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AGREEHENT
THIS AGREEMENT, made and entered into this 30th day of August , 19~
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City"; and M. 3. Brock & Sons, Inc. hereinafter referred
to as "Owner";
~VITNESSETH :
WHEREAS, the Owner owns the follo'ving described real proper ty si tuated in the Ci ty of
Clearwater, Pinellas Cou~ty, Florida:
Valencia Park, Unit Number 1, Clearwater, Florida, according to map or plat
thereof as recorded in Plat Boo~,69, Pa~e 4, Public Reco ds of 'nellas County,Fla.
and ~>>f~~
WHEREAS, Ordinance No. ,1219 of the City requires that all land tha abuts a public
right of way, 'vhich is to have new construction on it, either for residential,coITL'11ercial,
industrial or other purposes, shall have 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 ilnmediate 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 side~a1ks 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;
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 O\vner, 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 o-wner 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 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 tLe following addresses~ until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Nanager
P.O. Box 4748
Clearwater, Florida 33518
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PINEL LAS c: 0;- L" i":
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CLERK CIRCUlf COIJU
Owner:
Mr. James B. Stacy
Chief Executive Officer
P. O. Box 4099
Clearwater, Florida 33518
SEr '8 ""5 AM '7Z
. '~t ,.,H" prenared by:
This lDstrnmh. ',~~.., ~: Attorney
HERB')FPT M RLO ,v 1'., C.ty "'48
" , .. 1::> 0 Box 4 I
City of Clearwater,.. ' 8
Clearwate~, Florida 3351
RF.TUR.N TO:
tITY cLEltR
i>, O.B:"'X 4748
CLEAttW A'i'ER., FLA,. 3351~
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IN WITNESS ffiIEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
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CITY
By
Approved as to form and correctness:
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Witnessli!:.r;
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WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
My Commission Expires:
Notary Public, State of Florida at Large
'. Commil'iell h':rlii t;"r~ 79 1973
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COUN1Y OF PINELLAS )
BefCn:"eme.per sona1 ~y appeared .Tamf>R 'R. Stacy
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.
WITNESS my hand and official seal this
30th
day of August
A.D. 1972
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My Con~ission Expires:
NOTARY PUBliC STATE OF FlORrO)lllT lARGE I ",
MY COMMISSION EXPIRES OCT 13, 1975';; C';: ,
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