SIDEWALK WAIVER GRANTED (337)
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u. R.4145 PAGE 262
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TI-IIS AGIZEEMENT, made and entered into this 1st day of March
19..... 74 by and between the CITY OF CLEAR WA TER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and Perk H. White & Suzanne G. White (His Wife)
JbJerei.nafter referred to as "Owner";
WITINiESSETH:
WHEREAS, the Owner owns the following described real property situated in the
CiUy of Clearwater, Pillellas County, Florida, to wit:
Lot 8, Del Oro Gardens
3142 ThOmas -B lL t:e L (LJ .
and 4te- CJ .;;')- /(P
WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is to have new construction on it, either for resi-
dential, commercial, industrial or other purposes: shall have sidewalks constructed by
the owner on, across 01" adjacent thereto; and
WHEREAS, t:b:c 'Cr.vner is erectiiJj)g ,certain nocw construction on said prope rty and has
requested the City at t.h:is time 110t to re:SJ.lil:i.ire the in:nnediate installation and co nstruction
of sidewalks in conmi2cli.'Dn therewith; and]
WHEREAS,il:ili:e Owner has agreed!tfu.at if in the future the City, in its sole discretion,
determines that it ii15 :altdwisable and necesE;ary to have such sidewalks installed, that the
Owner will, upon i!\lDtiiJfkation by the City? have sideVil'Calks immediately installed at his ex-
pense, and if he s]h:Q}ult.d iail to do so them tillie City may have said installation made and impose
a lien against the ii}f:$'c::ribed :real propert:w :!for the cost hereof;
NOW, THER:E.:FORE.IO in consider;<Jtron of the foregoing premises and other good and
valuable considerat]iCJJtll hehveen the partiie's" :receipt of which is hereby acknowledged, the
parties hereto COVC1!]:tl:M and agree as foHows:
1. The Cit.y will not at this time require the installation and construction of
sidewalks as part 'Of the erection of the buitding and im.provem<c:nts by the Owner on the
above described rea] pJ'operty.
2. The City may at any time in the future notify the OV>'11er, his heirs, pers onal
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 in-
stalled 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 assign.12 ~Ja6Lll
fail to have sid~wa1ks installed for the described real property in accordance with Ci1R~ ~
specifications and standards within ninety (90) days from the notification by the City, ~ ~ : ~
then the City may have the sidewalks inst~l1ed and assess and impose a lien against t~>,~ ~
described real property for the cost of the work. ~6 0 :
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5. This agreement is to be regarded as a covenant running with the land regat<aiel-<ii~
of whether it isspe crflcdlly-rnenHoned in. 3_ny--deedsor_c onveyaj)cc.esuhs equenJ;l)TexeC:J.U:~tj~
and this agreement shall be binding on all parties, the heirs, p'.:~rsonal representativi~ ~ ~
SUc~ssors or assigns. e ~ ~ ~
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~ 6. All notices pursuant to this agreement shall be furn5shed to the respective:~;;ti:iis
<5 ~~~ following addresses, until receipt of written instructions notifying the other p~~ E
1-0 ~rr~ifflerent address: II: \.)
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City:;
City Manager
PO Box 4748
Clearwater, Florida
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I Q. R.4145 PAGE 263
cau:icd these prc~;cnted to be
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IN WITNr::.:;S '\VI-IEREOF, the parties hereto have
executed the day 2nd year L,\ ~;t above \vrittcn.
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By
Approved as to for correctness:
Y~7~
City Attorney
Attest: ~ ...... . ..
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VfITNESS my signature and official seal at Clearwater in the
and State of Florida, the day and year,last above written.
My Commission Expires: ~~- :
Notary Public, State of Florida at large
My C:ommission Expires Sept. 29, 1977
Banded by American Fir.. /I. C:nc"Q1*y ~..
County of Pinella s
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STATE OF FLORIDA )
COUNTY OF PINELLAS }
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Before me personally appeareq,,/~~~ 7.
to me well known and known to me t~-e'"the individuals des ibe . and who executed the
foregoing agreement and acknowledged before me that they executed the same for the
,- "'pu-rpos es,.thel'e-ir.... .expr..e.ssed..
WITNESS my hand and official seal this
day Of- -7;:[;:;;L., 19~.
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My Commission Expires:
Notary Public, Stole of Florida at Lorge
My Commission Expires Aug, 23, 1977
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