SIDEWALK WAIVER GRANTED (132)
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THIS,AGREfHENT, made and entered into this II
by and be1:\veen the CITY OF CLEARWATER, FLORIDA, a municipal
to as "City"; and NAT~ u...~ ~;}NeI t'.,./J. _
to as "Owner"; ,
u.R.386Gt/AGf 115
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day of ~CI.sr' , 19~
corporat~01, here~nafter referred
hereinafter referred
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,
,-"' AGREEHENT
72108648
WITNESSETH:
WHEREAS, the Owner owns the following described ~Eial prope~ situated in the Ci~t.Y of
Clearwater, Pinellas County, Florida: ~.r '/,3 - """e~t".s ~''''l4lf'e ,/~ ""t/'eI',
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and
WHEREAS, Ordinance No.1219 of the City requires that all land that abuts a public
right of \'JaY, \vhich is to have ne,v 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 inunediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the CAmer 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 notificat ion 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 Owner on the above described
real property.
2. The City may at any time in the future notify the CAvner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has determined
that it is advisable and Hecessary 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 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 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
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Owner:
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 33518
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This inshufi1e11tWl-ts prepar~d by:
HERBERT M. BROWN, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518
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,o.R.3866 PAGE 116
IN WI~~ESS rfllEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY
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By
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APpr~:z:s:
~ttorney
Atte~~
City Clerk
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Witnesses:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this 02 K' day of ~ ' A. D. 197 ..:2..
before me personally appeared Merrett R. Stierheim, Herbert M. B n, R. G. 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 acknmv1edged the execution t:1:',e:ceof to be their free act and
deed as such officers thereunto duly authorized; and t~at the official seal of said municipal
corporation is duly affixed thereto, and the said agre~ment 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 'vritten.
My Commission Expires:
Notary Public, State of Florida at large
11., COlRlRis~iBR Expi,,,( C;"pt 29 1973
Bonded 8y American Fire & Cas.ualty Co.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me well known and known 'to me to be e individuals de r'b d 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.:i- .
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Notary Pub 11: ~ ".' ,,'
My Commission Expires:
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