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SIDEWALK WAIVER GRANTED (160) )t.,~ I 74135290 AGREE\tENT I Pd i:<,06 u. H.422f~~E1491 . .!~ / '1'1 lIS A(ln.EEidE;~T, made and cntl'l"l'd into this _?5th day of September 1911.1. by <lnd betwC'en the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hcrcina{~er referred to as "CHy"; and Perk H. 1~lhite & Suzanne G. 'Ihite (his wi fe) hercina.J~er referred to as ''Ovmer"; WITNESSETH: WHEREAS, the Ovner owns the following described real property situated in the City of Clearwater, P:.lli"dtas County, Florida, to wit: Lot 7, Bll)ck G, Crestlake Subdivision 1502 Cleveland and WHEREAS, Section 7 -6 of the Code of Ordinances of the City req~ires that all land that abuts a public right-of-way, whi.ch is to have new construction on it, either for resi- dential, comn'lercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and WHEREAS:. 'dhc Owner is e~ecting certain new' construction on said property and h2.5 reqpested the City ~.rl this time not t'I) require the im:m.ediate installation and co nstruction of nidewalks in c~..:1lection there\0..tlh; and WHEREAS" the Owner ha<ii:agreed that if in the future tbe City, in its sole discretion, determines that it is advisable a.r.lanecessaryto have such sidewalks installed, that the Owner will, upon notification by,tm.e City, haye sidewalks immediately installed at his ex- pense, and if he should fail to dc) :~1I then the City may have said installation made and impo:o, a lien against the described real property for the cost hereof; NOW, THEREFORE, i" cunsideration of tbe foregoing premises a';d other 1 etri valuable consideration between t:fu<e parties, l'eceipt of which is hereby acknowledge~h!~;..l parties hereto covenant and agree as follows:- ij. . ft I S'C: 1. The City will not at t!..l-ii.!. time require the installation and construction of:' ~ sidewalks as part of the erection' <>.f the building and improvements by the Owner on ~ ~ above described re.@. property. ~ 2. The Ci'rymay at any tiJrJ:e in the future notify the O.vner, his heirs, personal representatives, sUtCeS50rs or 23.s;1gns that the City ill its sole discretion has determined that it is advisabl,~ and n~cessar'.{ to have sidewalks installed in connection with said . ~'. described real propt:-..rty. 3. The Owner or his hebs, }personal representatives, successors or assigns sh2.11 at hili expense within nin~ty (90) days from the notification by the City have sidewalks in- stalled for said described local property in accordance with City spccifications and standarc: as es'1ablished. 4. If the O\vner or his heirs, personal representativc~, successors or assigns sh2.11 fail to have sid~walkE! installed for the described real propertj in accordance with City speciftcations and standards within ninety (90) days from the r,otification by the City, then the City may have. the sidewalks installed and assess and impose a lien against the descri:Jed real property for the cost of the work. 5. This agreenlCnt is to be regarded as a covenant rUT.ning with the land regardles s of whether it is specifkally mentioncd in any deeds or conveyance subsequently executed, and this agreement sha 11 be binding on all partie s ,thcheirs, personal representatives, successors or assigns. 6. All notices pur.1)uant to this agreement shall be furiished to the rcspective partie at the following addre s se s, until receipt of written instruction::; notifying the other party of a diffcTcnt address: RETURN TO: City,: CITY CLG.i~i( City' Manager P. O. EOl{ 4743 PO ))OX 47018 CLEARWATEll; FLA. Clca~T\vater, Florida 3:5518 ij;jG18 O"mcC": Mr. & t.!rs. .t'erk H. 1'ihite 920 f)alm Dr. Belleair Beach, Fl., 33535 RETURN TO: a~ ~,31~-/V- This instrument wns prl~!1:'Lq1'1 ry" HERBERTJ..'I. Ele()", ii. C~t.! !\:" '0" . Cit\' nf Cleai'vv"L,", P.)',), , .d7. , : Clearwater,Florida :~:;:){8 07013 00(23 . . 1_ " ... , . . I . lo..R~_ 4223 PAGE1492 IN WI'I ~l';S~; \\l!l'~H.F:OF, the parlil.:; hereto have ca-.:l'sc<I llH.'~;e pl'e::I..'lIt,:d to IH..' ('xccutcd t he <I,lY ~\ld )'I.'ar laf.l i\b(1V(~ written. . , :" By , FLOJU~ ,,/' Witnesses: ('~t)ffiau~ " '~i~r~ J~)p~ ?~/-J;;; ~,,-:)c )vttAF_~EAL) o.:.~r-: ..,d ~~z{ (SEAL) .; Owner STATE OF FLO>!R1DA ) COUNTY (OF PTN'ELLAS ) I J-lERElBY CERTIFn, tha!ion this 74 WITNESS my and State of }'"'lorida, signature and official seal at Clearwater in the County of Pinellas thE day and year last 'above written. . ,,;'J "', , ~:'/"~~"-~" ~ C 'v, ,.'''''"' ,.,','. " ""'-.. J'. .... ~ ./' ~.",-.~~.'v' No ryPub'ic ? :' ':::l,' '::;'-,0'\ My Cornmission Expires: , Notary Public, State of Florida at I ~....' My 1"---' .' E ' -..,mISSion xp.res Sept. 29, 197/ I.aded bv AmeriC<ln Fir~ & C.IlWlIlt E: >, v. ,- ." - ~ ":"'-, ::, ~" ~,'. ~. ~~-' i. '- : ,\~ STATE OF FLORIDA COUNTY OF PINELLAS '0,. {;{,;. ',;"; . >"il Before me personally appeared Perk H. White and' ~uzanne(i. White" his wife to me well known and known to me to be the individuals described iu'anCl,who executed the . foregoing agreement and acknowledged before lTIe that they executed the. same for the purposcs thercin expressed. WITNESS my hand and official scalthis ~~v daYOI~J.,. &/ /)jJ/A//~77AJ'" N;r;;; lG;r;-7,~G.-' 197~ . My Commission. Expircs: P:~:.;lY PUElUC. STATE of FLOr.I~A at u',r.cE MY COMMISSION EXPIRES APR. 25, 1971 BONDED THRU MAYNARD Ba~DINCJ AGENCY , R~~Tt~~~'~',r. 'I"(): CITY C r'. C~. BAJ): .1~ 7 :,~~, El. CLEAJ\.\\' ATER. FLA. ~~;~::lH 'T; I ] 1" ...~>;j','y': : ). 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