SIDEWALK WAIVER GRANTED (227)
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AGREEJv!ENT
0,R, 3971
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THIS AGREEHENT, made and entercd into this 28th day of December , 19 2~__
and bctHccn the CITY OF CLEARHATER, FLORIDA, a muni.cipal corporation, hereinafter referred
as "City"; and NORMAND A. BRUNET & EDNA C. BRUNET (HIS WIFE) hereinafter referred
as II Oivncr" ;
WITNESSETH:
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WHEREAS, the Owner OHns the follo'\ving described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lot 13, Block 82, Mandalay #5 Subdivision
648 Bay Esplanade
and
Wl'IEREAS, Ordinance No. 1219 of the Ctty requires that all land that abuts a public
right of "(yay, which is 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 Oivner is erecting certain new 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
WHEREAS, the Oivner has agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such sidewalks i.nstalled, that the
Owner will, upon notificat ion by the City, have sidewalks inunediately 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;
NO\v, THEREFORE, in consideration of the foregoing premises and .other good and valuable
consideration bet"\\Teen the par ties, 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 8'1Y time in the future notify the Owner, 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 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 no~ifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Mr. & Mrs. Normand A. Brunet
648 Bay Esplanade
Clearwater Beach, Florida 33515
This instrument was prepared by:
HERBERT rd. BROVVN, City Attorney
City of Clearwater, p, 0, Box 474~
Clearwater, Florida 33518
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA, 33518-
07-00)~ 00 (5)
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o.R.3971 PAGE 531
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IN hlITNESS VllIEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY
By
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APprovc~n correctness:
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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 II ti day of J~ , A.D. 197.3'
before me personally appeared Herrett R. Stierheim, Herbert Jv!. Brown, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Jv!ayor-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 thereof to be their free act and
deed as such officers thereunto duly authorized; and thdt 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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My Commission Expires:
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n~br\, 1l,,~h[: S '~\~"re~ Sept. 19. \97':\
f C';)~l1;t:~~~lon ~'"l''' f' & CasuallY Co.
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STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personal~y appeared NoAM41...n 111.3:.qurv'E7' .tiN/;) /-17111'/7 C 15''1ljJ(j~(
to me well known and known to me to be the individuals described in and who executed the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
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WITNESS my hand and official seal this ;2 ~ L.
day o1J;J-<::~"II'JGi~
A. D. 197 '2......
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My Commission Expir...e.H..~ I OE
NOTARY PUBLIC, STATE1lf_~L(Ji:,~J., atn,IIR, 4
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