SIDEWALK WAIVER GRANTED (354)
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TH1S AGREEl-1ENT, made and entered into thj[' __ J_d~_day of Ck:t~/ .,,__,_, 19 7~,
an.t bf'tt1een the CIIT::;OF CLEARWATER, FLOlUDA, ;)/,.J:-,icipal corporatlC;;(l;creinafter referred
as-lIei ty"; and /t!4J/;p,ll/ a// ~ ,(A"" cI (1l!l rP hereinafter referred
as "o,.;ner"; . /
WITNESSETH:
l1HEREAS, the (["mer owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida: ).t;j /()l.3i~c-K ..8. /JLmt!.7'?'::. ~....V'/lce...
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and
WHEREAS, Ordinance No. ,1219. of the City requires that all land that abuts a public
right of 'I.Jay, which is to have ne'lv cons truction on it, either for residential, commercial,
industrial or other purposes, shall have side\oJalks constructed by the o\vner on, across or
adjacent thereto; and
WHEREAS, the Owner is erecting certain ne'lv construction on said property and has
requested the City at this time not to require the inilllediate 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\,7all~s installed, that the
Owner 'lVill, upon notification by the City, have side\valks 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 O\mer on the above described
real property.
2. The City may at any time in the future notify the Owner, his heirs, personill
representatives, successors or assigns that the City in its sole discretion has determined
that it is advisable and necessary to have sidevlalks 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 h3ve 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 agreeme: shall be furnished to the respective parties
at the follO'\ving addresses. until receipt of ,,; itten instructions notifying the other party
of a different'address:
City:
Mr. Herrett R. Stierheim
City Nanager
P.O. Box 4748
Clearwater, Florida 33518
Owner: . ~ ./
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Ri:TURN TO:
CITY CLERt\:
P. O. BOX 4148
(>t.EARW A'l'ER,FLA. ~~618
This instn!ment 'vas prepared by:
HERBERT M. BF.,: WN, City Attorney
City of Clearwater, p, O. Box 474l!\
~lear:watel" Florida 33518
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~jnd year last cl>ovc written,
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prei;cnts tu be e:;{ccuted .t:he
Attest:
Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this F _ day of _ '_ , A. D. 197 p-/ ,
before mco personally appeared H8rrett R. St],erheim, Herbert M. rown, R. G. Whitehead and
H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and l'layor,-Conunissioner
of the Ci. ty of C1E"anmter, a municipal corporation existing under the la\vs of the State of
Florida, to me known to be,indivi~lals and officers described in RUcl who executed the fore-
going Agreement and scoverally ctckil;Y;"ledgecl the exec\ttion tLel:eof. to ~)e thc:.ir free act and
deed as such officers thereunto duly authorized; and that 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.
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NotarY Public
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COlmuission Expires:
Not~r,! !'l:~E,:" S!il~0 l}f Fbr;da ct Large
My Com;n:":,:~[l E:<il;fc:i Od. 22, 1974
1911/11,1 ;.,)' A_ '..- Fir'" " r"',u..ltW' (<;1...
STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personally appeared
to me "Tell knO\vn and known' to me to be t Ie individuals de c i ed in and \<1110 executed the
foregoing agreement and ackno\'lledged before me that they executed the same for the purposes
therein expressed.
HITNESS my hand and official seal this
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day of r-ne A. D. 197 /.:2.
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