SIDEWALK WAIVER GRANTED (336)
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, CLERK CIRCUIT COURT
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rftGE.207
AGREEMENT
by
to
to
TJis MREEMENT, made and entered into this ?Ot.n day of MR.r'ch , 19~,
and4,etween the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
as "Ci ty";and PAT'kH. Wl1i te & Suzanne G. 'Thite (his 'wife) hereinafter referred .
as "Owner ";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pine11as County, Florida:
Lot 8, DelOra Estates,
3151 San Jose , Clearwater
.5EC. q-;Jq-I&,
and
WHEREAS, Ordinance No. -1219 of the City requires that all land that abuts a public
right of way, 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 Owner is erecti:ng certain new construction on said property an.d has
requested the City at this time not to require the immediate 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 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 and valuable
consideratipn 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
reaj. 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 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,
--'l:)tl,<:cessors',or assigns.
6. All notices pursuant to this agreement-shall be furnished to the respective parties
at the following addressesp until receipt of written instructions notifying the other- patty-'
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Owner: Mr. & Mrs. Perk H. 'Nhi te
3950 Semi.nole Blvd.
Seminole, 'Fl0rida 33542
Thi.'s in.stri)n1ent \~:~U~~ prepr~_red by:
HE,~~I~~~~I-~,~1~ r:r. I'._:.,-- ~'~;-: c' ty i\ttorney
City of CL,.',';'Ii',_ _ O. Box 4748
Clearwater, FJurda 33518
RETURN TO,
CITY CLERK
P. O. BOX 4748
CLEAR\V A TEH, FLA. 33518
0;- 03~-OO (31)
,
I
a. ~. 4009 PAGE 208
to.
day
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
~dyear last above written.
CITY
By
APpro~ form andeorreetness:
~'~l~
City Attorney ,
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As to Owner, "
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STATE OF FLORIDA )
COUNTY OFPINELLAS )
I HEREBY CERTIFY, that on this ~ 7 day of .2p~ ,A.D. 197 3
before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-CoIllIIlissioner
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 that the official seal of said ounicipal
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.
~SC~
No.>" ry,,"p~bli~ ".;/
My Commission Expires:
; .,
;:, --.-.: -
... >~,
.,
Notarv Public, State of Florida at large
'.IIy Commission Expires Sept. 1'J, I'll j
Bonded By Americiln Fire & Casually Co.
>~
STATE OF FLORIDA )
C.OIIN'l'Y.DEP.lNELLAS.- "', )-c-'
Before me personal~y app'eared Pp"..k- H. 'Whi t.P ::mn S117.;:mnp Go W'hit,!'!
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.
WITNESS my hand and official seal this
~o-d
day of
MlhCdI
A. D. 197,;3_.
'-
"'--
My Commission Expires:
Notary Public, state Of Florida af largll
My Commission Expires JUNE 25., 1974
SPEED
liETTER@
Toi;[r.~;;errett R. Stierheim
City Manager
P. O. Box 4748
Clear~mter, Florida 33618
( Buildi'Jg Department)
FROM Mr. ani krs. P~rk H. "Thi te
89.50 Seminole Blvd.
Se~inole, Florida 33.542
SUBJECT Sidewalk Agreement I Lot 8, Del Oro Estat.eR, 31.51 S::m ,T f"l~A} r.l A::!T'1I'mt.AT'
-No.9 Be 10 FOLD
MESSAGE
DATE
Juen 12
To :~fuom It May Concern:
A SidewalR Agreement (deletion of) was issued to the above on March 27, 1973.
On May 30, 1973, this property was turned over to Mr. and Mrs-. John Joseph
'who are the new ovmers.
It is our understanding that you require this information.
Very truly yours,
"'~~0b
SIGNED; ./"~' ~
~
RI:PLY
DATE
- No. 9 FOLD
-No. 10 FOLD
t"1'-~ rt:I:'.
1973
19