SIDEWALK WAIVER GRANTED (364)
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THIS AGREEMENT, made and entered lr:.to t1ns 0<0 ___ Clay 0 ,,(j-U-UiYlLt1.....ft.) , _7~_
and bet'veen the CITY OF CLEARHATER, FLORIDA, a municipal corporation, hereinafter referred
as "ei ty"; and Y'h:tUYn I.iLl d-C~d.. (!rYT.fi)~Er:ll. hereinafter referred
as "OivnCc'T"; -U-
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7215$209"
AGREENENT
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by
to
to
WITNESSETH:
HHEREAS, the Owner owns the follol'Jing described real property
Clearwater, Pinellas County, Florida:
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situated in the City of
~ot
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and
~{lIE1\.Ef~,S, Ord'irlanc.c -NQ. .1-219 of thE: City requil'et1 that ail lal1.d that abuts a public
right of Ivay, vJhich is to have nelv construction on it, either for residential, commercial,
industrial or other purposes, shall have si~ewalks constructed by the owner on, across or
adjacent thereto; and
WHEREAS, the Owner is erecting certain nelV construction on said property and has
requested the City at this time not to require the immediate installation and construction
of sidewalks in connection therewith; and
HHEREAS, the O,mer bas agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such sidevalks 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;
NOH, THEREFORE, in consideration of the foregoing premi[;es and .other good and valuable
consideration between the parties, receipt of which is hereby acknOl:vledged, the parties hereto
covenant and agree as follows:
1. The City will not at this time require the installation and construction of side\valks
as part of the erection of the building and improvements by the Owner on the above described
real Froperty.
2. The City may at C'ny time in the future notify the OIvner, 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 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 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 \V'hether it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreement. Shi.1l1 be binding on all parties, the heirs; personal J':epresentatives,
successors or assigns.
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 a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
, ,_ fti'.:;:; ,d;n, .owner: Y1o..l::U...CI-Yl u..~{.d.i ~Ct./hoL G.9Jr f() .
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~LUK CIR~-UIT;;;-~ 0.h.QJtu:.)~~\iJ()"c.(.d(':....
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This instrument was prepared by:
HERBERT M:. EE(}\'nT, C:ty Attorney
City of Cleai','C,:,'!:':l', P. 0, Box 4748
Clearwatel" Fiol'ida 33518
~ ~ETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW A TEll, FLA. 33518 [/).(0
07,03((E)
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O.R. 3945 fAGE 320
IN 1..f.iTNIi:S5 1.-THEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY
;:-i'
By
.
Mayor
Attest:
correctness:
Attorney
Witnesses:
,
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this lid day of ~ , A. D. 197.:L
before me personally appeared Herrett R. Stierheim, Herbert H. Bro\vn, R. G. I-.Thiteltead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor~Connnissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State, of
Florida, to me known to be individuals and officers described in and \'7ho executed the fore-
going Agreement and severally acknowledged the executio, thereof to be their free act and
deed as such officers thereunto duly authorized; and thht the official seal of said municipal
corporation is duly affixed thereto, and the said agreement 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 Public, Stat~ of Florida at lar~e
My Commission hpi,:.:s ~:tI1L 29, 1913
p.9nu~d ,~J. /....v.' .:a. _ rir J : ''''>< I .iiy Co
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STATE OFfLORIDPL )
COUNTY OF PINELLAS )
Before me personal~y appeared ~i1h.1.l. ~~/j)J
to me well known and known to me to be the indi~dG~ls descri~ed 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
~.
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day of
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197
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