SIDEWALK WAIVER GRANTED (159)
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72D66245
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OOR. 3798 iPAfiE.l17
lI(>~U:NENT
by
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to
THl S AC~REEMENT made and entered int-o this 23rd da)' of May . .. _.' 19 72,
and- bt~-t~en the CITY-OF CLl~ARVJATER, FLORIDA, ~;l;icipal -corporation, 'i;~rein~~ft~'):--~-~h:n:e;y---
as "ei ty"; and Norman A. LaFave & Evelyn G. LaFave (Hi~_~~fe) ___ hereinafLer referred
as "Owner";
WITNESSETH:
HHEREAS, the O\\rn,er OWnS the following described real
ClearWater, Pinellas County, Florida:
West 1/2 of
1273 Pierce
property situated in the City of
131. 1+)
Lot 4 & All of Lot 5, Hibiscus Gardens Sub.
St., Clearwater, Florida
and
WHEREAS, Ordinance No. 1219. of the City requires that all land that abuts a public
right of \vay, which is to have new construction on it, either for residential, commercial,
industricll or other purposes, shall have side\'Jal1\:s constructed by the OWTler on, across or
adjacent thereto; and
\vHEREAS, the O\\'ner is erecting certain new construction on said property and has
requested the City at this time not to requil-e the immediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, tlle Owner has agreed that if in the future the City, in its sole discretion,
determine,s that. it is advisable and necessary to have such sidewalks installed, that the
Owner will, upon notification by the City, have sidcv!alks immediately installed at his
expen.se, and i:l;:' 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 bet\Veen the parties, receipt of which is hereby ackno\Vledged, the parties hereto
covenant and agree as follo'IVs:
1. The City will not at this time require the installation and construction of side"yalks
as part of the erectiqn 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 O,.mer, his hein;, 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 side\valks installed
for said described real property in accordance with City specifications and standards as
established.
4:' If the Owner or his heirs, personal representatives, Sllccessors 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 sidevlalks 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 \vith the land regardless
of whether it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreement shall be binding on all paJ:ties, 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 Hanager
P.O. Box 4748
Clearwater, Florida 33518
R->":':Ei.1
"iNtLLAS C'()~ FlOI~IOA
-t\.......c...'l"JD" J : ...J~
ClEHK CI'C UIT COURT
Owner:
NAY 26 3 56 fH 'll
Mr. & Mrs. Norman La,.Fave
1267 Pierce Street
Clearwater, Fla. 33516
RETURN TOr
CITY. CLERK
P,. O. BOX 474B
CLEARWATER, FLA, 3351@
This j'- ,:"-!"'-- ,--
HERB:~ .
City cf Ci
Clearwater,
'."'.' ~~epf\red by:
. ty Attorney
,-")X 4748
Florida :53518
D7 ...01 4- - CD (l1)@
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:o.R.3798 fAtr218
IN \,HTNi,';3S \-mEREn,, , tiw partL,s hereto 1,;\\'(' causc'(i
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(jay cJnQ ~e,," ,cL, '."..,.,. ".l, '......
CITY
to be cxccuLc,d t.he
By
Attest:
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City Cler1,t ..... "
~;i.:mctness.
City Attorney
hTitnesses:
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As t ~Vl1er C1'
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on tbis -? 0 day of -h~~,. , A. D. 197~
before me personally appeared Merrett R. Stierheim, Herbert M. Bro~R. G. Whitehead and
H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Mayor'.Comrnissioner
of the City of Clearwater, a municipal corporation existing under the laivs of the State of
Florida, to me knmvl1 to be individuals and officers described in and who executed the fore-
going Agreement and severally Clckl1O\vledgcd tlw c~xecution t1""~:;-.'eof 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 agree..lent 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 COlmnission Expires:
I clorida a\ talQ~
. \' State 0 n' '973
. \ "r"" Pub 1(, <:e~t 19.
, ,.' , . l:Jlplle> ':I r Co
' 'mmisslon . s.. ,",u.IIY .
...) D American f I(e
Bonded gY
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me \o7ell kno,,7n and knmVl1' to me to be the individuals describ -, in
foregoing agreement and acknmvledged before me that they execut:ed the same
therein expressed.
WITNESS my hand and official seal this
JJ~
day of
197.2::-
Not crt;$( hJb h J
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>' "";"
!'1y Conmlission Expires:
H~tary PUb./ic.. State of Florida f'lt (ar
By Commission Expires Oct 30 l'97~fl.
onded bv T . '. 3'-
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