SIDEWALK WAIVER GRANTED (87)
~ ~ RECORDED
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CLERl\ CIRCUIT COURT
., 1M'1~ 4 00 PK'l ,
71132991
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-O..R. 3669 fAtE S[)J
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AGREEHENT
THIS AGREEHENT, made and entered into this ~~ day of Mveh'16e...- ,1971
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "Ci ty"; and ~ Iz. t!~,M..s/YVC;l;Cl""" C&). rIVe..
hereinafter referred to as "Owncrll;
WITNESSETH:
the
WHEREAS, the Owner
City of Clearwater,
Xc Ii $'0.411/ d
owns the fallowing described real property situated i:
Pinellas County, Florida:
3/ ,(jtdU:_~ (J. .5e.e.c_/ /lcl~'~N n, ,ge~.ir1ClA.l-f
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and
1585 s. Prospect
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
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 owner on, across or adjacent thereto; and
WHEREAS, tIle Owner is erecting certain new construction on said property
and has requested the City at this time not to require the .immediate installa.
tion 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 neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks immediately installed at his expense, and Jf he should fail to do se
then the City may have said installation made and impose a lien against the
described real property for the cost thereof;
NOW, THEREFORE, inconsideration of the foregoing premises and other gooc
and valuable con~ideration between the parties, recei~t of which is hereby,
ackno\.-;ledged, the parties hereto covenant and agree asfolloVJs:
1. The City will not at this time ~cq~ire 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, hi~ heirs,
personal representatives, successors or assigns that the City in its sole
discretion has determined that it is advisable and neccessary to have sidewaL
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or'assig,
shall at his expense Hi thin ninety (90) days from the notification by the Ci t:.:
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 rep~e~entatives, successors or
assigns shall fail to have sidewalks installed for the described real propert~
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 ~ssess and impose a lien against the described real p~operty fo~
the cost-of the work.
5. This agreement is to be re~arded as a covenant running with the land,
regardless of whether it is specifically mentioned in any deeds or convey~ncc?
subsequently executed, and this agreement shall he binding on all parties, L~~:
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall he furnished to the
respective parties at the fOllowing addresses, until receipt of written
instructions notifying the other party ,of a. different address:
City: Owner:
Mr. Merrett R. Stierheim
City Mana~er
P.O. Box 4748
Clearwater, Florida 33518
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.c.' IN HITNESS VJI-ILHEOJ ~ the parties
executed the day and year last above
."'"- -- -' ..
hereto IlBve
h'ritten.
t . OJ, 3669 PAtE 86(
~aused these presents
to he
.
FLORI!
Approved as to orm & correctness:
~-ze~ ..
. ty \ttorney . .
\A1itnesses:
~~.,~~
~t:d"l~ .,~ C . /~e-, "-
As 0 CitjU
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As to O\,mer
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY) that on this.t!l!:!fsay. of,_ ~~, A.D. 197.L,
before me personally appeared t1errett R. StJ.erh~{~, Herbert M. Brovm,
R.G. Whitehead and H. Everett Hougen, respecti~cly City Manager, City
Attorney, City Clerk and Mayor-Commissioner .of the tity of Clearwater,
a municipal corporation existing under the laws of the State of Florida, to
me known to be the individuals and officers described in and who executed the
foregoing 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 municipal corporation is duly affixed ther~to, and
the said ag~~ement 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.
---.....
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Notary Publlc
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My Commiss~on. Ex~ires:
Notary llllJ:k s,?\~ o. flonda ill urge
My Com.;.i's;i-.;:1 hpi,es Oct. 21. 1974
Rbftd.d b~ Amar;can Fire & c.a$ua1ty Co~
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before m~ personally appear~d ~A"'~E ~//_
to me well known and known to me to be the' individuals desMbed in and
executed the foregoing agreement and acknowledged hefore me that they
executed the same for the purposes therein expressed.
WITNESS my hand and official seal thi~gday of 'Pel)./ ^,..;;.;;~~~~.
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My Commission Expires:
d::y~ ...2.7: /J' ?J~
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This instrument was prepared by:
HERBERT IVI. PROWN, City Attorney
City of Clearwater, P. O. Box 4748
.91e~water, Florida 33518