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SIDEWALK WAIVER GRANTED (121) 0' I 731.66566 I '1-1,/ ~ (j \'f ~.:~. u.'\:h08 ~E 679 AGREEMENT "j1'1I5 AGHEEMENT, made and entered into this ~~.?__ day of November 19 73 by and between the CITY OF CLEAR WA TER, FLOIUDA, a municipal corporation, hereinafter referred to as "City"; and Melvin T. McKnight & Lois A. McKnight (His Wife) hereinafter referred to as "0wner"; WITNESSETH: WHEREAS, the Ownel' owns the following described real property situated in the City of Clearwater, Pinellas County, Florida, to wit: ana Lot 13, Block B., Vj.rginia Groves Terrace, 5th Addn. l768 St. Anthony Drive, Clearwater, Florida 5-c:;J9- /& 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, commercial, industrial or other purposes, shall have sidewalks constructed by the owner on, aicross or adjacent thereto; and WJHER.1EAS, 1rJh:c Owner il.s; erecting c6'Jrtainne%:'co:t:1!struction on said property and has requestedl the tCJity adi f.,his time:!I)1:n.t to requli:ree the immediate installation and co nstruction of side'i.;:eJJk1l: 'iill ,con::miP-'1:ltion the r~jjth.; and W'lliE:lRiF~S, the Owner has agreed that if in the future the City, in its sole discretion, determiuff:S tlhat it is advisable and necessary to have such sidewalko installed, that the Owner w?iiliI, uy:mm notification by the City, have sidewalks immediately installed at his ex- pense, amr.d if[a~ should fail to do so then the City- ma,y have said installation made and impos e a lien agaillne.~J; Uli1e des cribed reaL property :Em th.e c op.;li hereof; :!I$:iiOjW;, '.!I1HEREFORE, iI1l1::<<lJllS;ideratk::ro of the il~a-.r'egdingpremises and other gooer and valuab.'~..8 cr::onffl:,dkeratiotlJ between ititn.e parties, :receipt o:t which is hereby acknowledged, the parties )]n,errett:o', ;C'wena:!i!llt and ag,rc:1e as; follow:i: 1. '1f:'CIL'<J:-' :City '\Will not at tl!nis time re{q;rurn.re the installation and construction of sidewa:H!cs:; aiS->1JI1lL:rl: of tiite erectio.n. of the bui1.:iJ::~g a.-nd im<provemcnts by the Owner on the above desC:l"ihcc8 :real p'roperty. 2. The City nlay at any time in the future notify the Ovrner, his heirs, personal representatives:" successors or assigns that the City in its sole discretion has deterrrrined that it is advisa'ole and necessary to have sidewalks installed in connection with said described :real p'~operiiy. 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 in- stalled for said described real property in accordance with City specifications and standa:rds 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 frorn the notification by the City, then the City may have the sidewalks installed and assess and )InpOSe 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 regardles s 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. ..~~~ ~, j:l:; '" ....:l ....~..~ '3 ~,", >< " sOij:l:; , ... ~O' ~ Wl-of', ~ Al:Oa:~ ~ ~ ril ~ " 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 aodifferent addres s: . :;; This in.strument was prepared by. ~ HERBERT M. BROWN, City Attorney City: CitJ' of Clearwater, P. O. Box 4748 City Manager Clearwater, Florida 33518 PO Box 4748 Clearwater, Florida 33518 ~~~:: GU~~ qRCllH COURT Owner: Mr. & Mrs. Melvin McKnight 2006 Rid8eland Rd. Clearwater, Florida 33515 1 I NIl 23 3 uIEH'13 DI- O~O-OO(I~) , r-N '\"-'''I'-,11'''c' -'-" ,- y I'_I'" 1 '] } 1 'IV L_l~,',,-.J,) W Jl !:::{I'~U " tIC pa rhe S ler cto la vc ex(~cLit(Od"t-he da)' and yea:!" b.st above written. I o. t 4108 PAGE 680 caused these presented to be By ~~R W A T ~~~'.. ~:ORII?A W) I 13, f (01:'10 City Marger-l" ~ ~~~rectness: City Attorney " Witnesses: -/71tt~J7nf~AL) Lr:z jlh'? d>-'~-(SEAL) f: I' 'C1l~ As t Owner Owner STATE OF FLORIDA COUNTY OF PINELLAS I H:~fffJII1flY CERTIFY, that on this :2.~d day of >t~ , 19 73 , before mel?wi::J1'ffi,<l]lJ!1\all appeared ~~A, J-'~ -J~ 111, ~ R..~.~~ and 7-l1l~;::t1., 7- respectively City na.ger, City Attorney, JCity lerk and Mayor-C:mTxnnission of the City of Clearwater, a municipal corporation existing under the la\\1s of tihe; State of Florida, to me known to be the individuals and officers described in and who execufed the foregoing Ag:i'eement and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto dulya'l::thorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said Agreemeut 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. My Commission Expires: NotarY Pul>llc, State of Florida ot Large My Corilminion Expire. S.pt. 29, 1977 Bonded by American Fire & Casualty Co. _\~~~\"~ C. Public STATE OF FLORIDA COUNTY OF PINELLAS ~,,\/ ~~, -. . . I, 41,'- , ~J~:!_ :.. )' - '.' I l' \,<- . '""",\\ ,,' Before me personally appeared,MEiV/N r;t1~A'N/t;;/-/r 'ilc/s .I'l#SR';/~#r to me well known and known to me to be the individuals described in and who $,ie'cute.r:I the foregoing agreement and acknowledged before me that they executed the s~:~"~lt_j;~~;\.. purposes therein expres sed. .::..~' ~-'::- ' '; // '\ , r ~ '---.~"~ ,~.. _' ;.':: -'.' ~-', ~ WITNESS my hand and official seal this /fld day of ~VE~~~,~,';-;1~C1~i. \\..' ': - . ,-:. " ,-::- .~.. :';"-,/41-. j\_.' _ ~ 'if:, .. ..~. My Commission Expires: NOTA!<Y PUBLIC STATE OF FLORIDA A --_U M) COMMISSION T lARGE 80Nn~11 Hllill OCNtRA EXPIRES JAN. 25, 1977 L II'l:SURANCE UNDERWRITERS l.i 'J -2- .,r;;,.