SIDEWALK WAIVER GRANTED (129)
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o.~..p8~' rACE 119
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AGREEt-1ENT
by
to
to
THIS AGREEHENT, made and entered into this / /
and between the CIT,Y Olf CLE~WATER, FLORID~, a municipal
as "City"; and ~~~CtJ-~.
as "Owner";
, 191;).
h einafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner Owns the following described real property situated in the City of
C1ear,water, Pi~~llas County~ llorida: o. .
Jfof 1(" ff-/:.fJ1il2l.LL<J ..y~_ ;4v..lv. /SIQ.~
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and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a pu~lic
right of way, ~vhich i3 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, the Owner is erecting certain new construction On said property and has
requested the City at this time not to require the irrunediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the ~vner has agreed that if in the future the City; in its sole discretion,
determines that it is advisable and necessary to have such sidewalks 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;
NOW, THEREFORE, in consideration of the foregoing premises and other good cmd 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 Owner on the above descri.bed
real property.
2. The City may at any time in the future notify the Owner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has detE~mined
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 OImer 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 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. AiT-flcitices pursuant to this agreement shall be furnished to t:nerespective 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
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4.;\'.....~L ~ oJ r-..,t~U..:...k~~..
CLERK (Ii<,;: UIT ~DLrn
Owner: , .
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(!Ju:v.c.w cdvt., ...YJC4-' 33515
AUG29 IlslAH'll
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 33518
TJlis ir;,"trllm:>nt '''.,
HEllBEHT "" BI'C\' <.;; pre,pared by:
, HJ.., J\VN C't
CIty of Clearwater p' 0' y Attorney
Clearwater Fl' 'd' . Box 4748
, on a 33518
en -03V-OCl't) @
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:O.R. 3866 fA{;E 120
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
and year las t above wri tten.
CITY
By
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i ty At torney ,
Atteip,'~,' ,,' .,'."'~,..,",..,
City Clerk , .. ,
Witnesses:
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t~Pd'VJ!::t;U4 ~,'
Ow er , ., ',", ".,
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this:2tf day of ~A~.J- , A. D. 197 ~ ,
before me personally appeared Merrett R. St{erheim, Herbert M. -Brow~ R. -c: Whitehead and '
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner
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 who executed the fore-
going Agreement and severally acknowledged the execution the:ceof 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 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 Pine1las and
State of Florida, the day and year last above written.
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My Commission Expires:
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bl' ~t te ot f\ul~da at b,qp
Notarv Pu Ie, a, 29 1973
" Expltes Sept. ,
My CommisSion " f' r. CasuoilY Co,
Bonded By American 1(8
STATE OF FLORIDA )
COUNTY OF" :PINELLAS )
Before me personally appeared
to me well known and known 'to me to be the ind'
foregoing agreement and acknowledged before me
therein expressed.
and who executed the
the same for the purposes
,I"":.'
WITNESS my hand and official seal this
//tV
day of /~i~~-- ~.DS 197L
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Notary 'Pui5t' ,",'
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My Commission Expires:
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