SIDEWALK WAIVER GRANTED (295)
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TJ IlS AGREEhlENT, ITladc and entered into this 3rd day of Apr:i..l ,
19 74 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hercinaher referred to as "City"; and Norman L. & Janice L. EDeor, his wife,
h f d E.11LtV.l.
ercinaJ~cr rc crre to as '''Owncr'';
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740 49J.32
AGREE~tEN'l'
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O. R. 4158 PAGE 189
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WITNESSETH:
WHEREAS, the Cnmer owns the following described real property situated in the
City of Clcarwater, p~..v.::nas County, Florida, to wit:
Lot 25, Boylan Subdivision, 1384 Boylan
and
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, shaJl have sidewalks constructed by
the owner on, across or adjacent thereto; and
WHEREAS" 'fuc Owner is erecting certain new construction on said property and has
re9!1e sted the City 'it thi s time not t. require the imme diate instaJlation and co nstructi on
of nidewa1ks in ctmlllection therewiitlt1; and ,,'
WHEREA,:S" the Owner haCJ :agreed that if in the future the City, in its SO~discreti01
d et e ,'min e s that f~ is advi s able "",a" e c e s s ary to have such si dewa lks in staJle d, hat the
Owner wiJl, upon notification hyt',. City, have sidewalks immediately installed at his ex-
pense, and if he should fail to do. 'co then the City may have said instaJlation ma!ie and impa
a lien against the described realpxoperty for the cost hereof;
NOW, THEREFORE, iI, consideration of the foregoing premises and other good an'
valuahle consideration hetween ffue parties, :receipt of which is hereby acknowledged, the
parties hereto covenant and agr(-'.~,e as follows:
1. The City will not at tTni.!. time require the installation and construction of
sid'ewalks as part of the erection- 01 the building and improvements by the Owner on the
above described re.-al property.
Z. The Ci"7 may at any tmne in the futur e notify the D.vuer, his heir s, per s onal
rep,'esentatives, "",ccessors or u.s,gns that the City in its sole discretion has determined
that it is advisabl~ and necessan te> have sidewalks installed in connection with said
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described real propE~ty.
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3. The Owner or his hei.s, personal representatives, successors or assigns s~
at hi:> expense within ninety (90) aays from the notification by the City have sidewalks in..
staJlea for said described real property in accordance with Ci,y specifications and stan~
~as es'Jablished. ~
] ~ 4. If the Owner or his heirs, personal representative" successors or assign~lil
fail to have sid,walks installed for the described real properti in accordance with Cit~"
':speciEcations and standards within ninety (90) days from the ;.otification by the City, ~...
'<:l.then t:.:e City may havE' the sidewalks installed and assess and Impose a lien against th~,
~~ descnDed real property for the c~st of the work. ~.
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~ 5. This agreement is to be regarded as a covenant rm.nlng with the land rega~
% ~ f whe,.ther it is specifically mentioned in any deeds or conveyance subsequently execu~
1~ nd this agreement shall be binding on all parties, the heirs, personal representative,(l".
",UCCcHsors or assigns. ~
~ ~
\ . 6. All notices pur.mant to this agreement shall be lun.ished to the respective 1li
~' at the following addresses, until receipt of written instructions notifying the other parliji
\' of a difkTcnt address:' ~
~
kleo~~e~ ~'
'lMELUS co. FLORI{)_ Owne~: Norman L. & Janice L.
.A,.,.. ,.Jl"~f'U-J..~ 1883 Oakda1e Lane South...
tl.!R' CIRCUIT COURt Clearwater, Florida ~
.11 4 JO f-M t':~
City, :
CitY' Manager
PO Box 4748
C1ea~Twater, Florida
33518
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~\,'t.''''JN \VfJ NE~S \Ii llr.;R~F, the partie;. hereto have
executed the cl ~lld year last above written.
,,0. R. 4158 PAGE 190
catfo,cd thc~;c pr(,~;(,llt<~d to IH'
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FLOIUDA
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Witnesses:
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As to Owner '"
Owner
STATE OF FLO>lRIDA )
COUNTY (():F J?TNELLAS )
I I:1ER.EiBY CER Trpy>> thalt on this
before n~~e :;pers;,cmally app'(<.<?.ured '-t?" d. . .
and )/, f~}ItU-;t( ~ >> r.espectively C' y Manager, City ~ttorney, ity Clerk
and 11:ayor-Cornn:rissi er of the CIty of Clearwater, a munIcipal corporation existing under
the la'ws $J5 ~1~r:' S'iate of F1v::tida, to me known to be the individuals and officers described in
and who executed the foregoing Agreement and severally ar;know1edged the execution thereof
to be their free act and deed as su~h officers thereunto duly authorized; and that the official
seal of said municipal corporation is duly affixed thE:reto, and the said Agreel~'lent'is the
act and deed of said corporation.
My Cornmis'sion Expires:
WI1'NESS my signature and official seal at Clearwater in the:County of Pinellas
and State on. }....lorida, the day and year last above written. '\\\\,\1'"''''''''''
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C.
Notar P:lbiic
NotIIry pubnc, State of florIda at large
My Conuninion Expires Sept. 29, \977
Ioncl... Dr ....ri~Qn fir. a. Cosualf)' Cu.
ST ATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me per sonally appeared Norman L. Enzor a~d Janice L. Enzor
to Ine well known and known to me to be the individuals described in and who executed the
foregoing agrcclnent and acknowledged bcfore Ine that they eX0.cuted the same for the
purposes thcrcin cxpresscd.
WITNESS my hand and official sca1 this
2nd dayof April \'Ufj~ 19 74
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Notary P\:.bj ic '. :', Illo f).../ ~ ;-=: :
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My Commission Expircs:
Notary Public. State of Aorldast large
My Commission Expires MAY 28, 1976
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