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SIDEWALK WAIVER GRANTED (240) -"--'~', :-~~..- AGREEMENT ?~ urYJf iz.oo 104 279 ,lo/.Jr.../730. R.4. PAGE. I '73161076 " by to to THIS AGREEMENT, made and entered into this ~~ and between the CITY OF CLEARWATER, FLORIDA, a ~unicipal as "Ci ty"; and PAUL PENDLETON, ( A SINGLE MAN ) as "Owner"; day of $C/r:;, ,19/3, corporation, hereinafter referred hereinafter referred WITNESSETH: WHEREAS, the Owner Owns the following described real property situated in r:he City of Cleanvater, Pinellas County, Florida: and Lot 11, Block 5, Highland Pines Subdivision, Plat Book 30, pg. 41, 1005 Ridge Avenue, Clearwater / /,>,'79- /: 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 o~"ner on, across or adjacent thereto; and WHEREAS, the Owner 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 HHEREAS, 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 consideration between the parties, receipt of which is hereby a':knowledged, 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 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 side~valks installed in connection with sai~ 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 gescribed 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 notifying the other party f a different address: -' City: Mr. Picot B. Floyd City Manager P.O. Box 4748 Clearwater, Florida Owner: 33518 ItlCl~j(OU' "'i~U$ CO. no""" ~ .~.1. n!-'... ''''4 ILCAl C'''CUIT COURT Thi~ !m:h'U;Ytijt)~; wn'; 1JI'e~jai'ed by: .. 'I. 3 1M tl,H).;R. r:ER'J1Tii.... lmc ~.'/~-r, Cjl.~/. A. .tbJrnt'Y _, 11,.. CIt.y of Clearv:i\tel', p, 0; Boti '17.~a . ~J€ar~~,tpr~1'IArid~\2;:J:i l~ Mr. Paul Pendleton 1314 Friend Ave. Clearwater,' Fla. RETURN TO. CITY CI.ERJ{ CLEA P. O. ~ox 4748 , RWATE,R,PLA. .:J:3518' , , ~ .., I I Ii. ~. 4104 PAGE 280 IN WITNESS WHEREOF, the rarties hereto have caused these presents to be executed the day and year last above written. '. .i '" i'''.? C lTY OF By I' ~ ; City ClefJSi " ,. , " ~. . .. i j j ,I i ~{(?~/~ Owner STATE OF FLORIDA COUNTY OFPINELLAS ) ) I HEREBY CERTIFY, that on this lS'd day of ~ , A.D. 197.2 before me personally appeared Picot B. Floyd:,G~~ L. Kennedy, Jr., R. G. Whitehead and .. H. Everett Hougen, respectively city Manager ,/JcrE)t. Attorney, City Clerk and Mayor-Conunissioner of the City of Clearwater, a municipal corporation existi.ng under the laws of the State of Florida, to me knm...,n 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 thet the official seal of said municipal corporation is duly affixed thereto, and the said agreem2cnt 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. ~ N~f~..y'vb\le; State of florida ct l(lrgll My Canl',mIS~rOli 1.~X~.::rr-:~, ~" ,11, !', 1 ~;1 Bonded by Amor;c"" ,i,r2 .::. CmUG!ty Co, (,~.:,:~~:'\'~~';;i'I:" "Ill ~.v"."."""""..>.""" /~ ~ r;" ,."C . ," ";' <.. ......:.. /- '." '.' .. A 10;,. _ -...I -'c,"'''/, .~-,_'.""-:' Nof i Pybl~9~' ..'~ '0') \ ~,.,;.-;) ~ .' '-. -...) !::J J < ....,~..,' :,41<,-, "',t / ~; \~~, '''~ \.J '!;' ...L ~J ~\l IJ~ ~,\:' to..... ._, ~,. ~.. .....~" ~C"'I"'~Q_ ...... ~, ......... ""..>, V OJ _Q"".~I'O ,\ ','J; "-.<" IIi ~ j', ;,'~ ,',':\. JI;I \", . J'., \' 11'/'1 f I it 11 ~ ~. My Commission Expires: WITNESS my hand and official seal this ~::f day of p;,,~z i:?' A.D. 197 5... '," : ' ~ J';"."~~~:~,:~,'~",.~, " :~'.:;a ~ " ' " --" . ""'~~" .'~ -_/-~ ~oJ:;:iry- Publi'~/~~' - ~ ~"~ ~ :.6C:-~.:1 ::/ ',;, -0.. '- Hy Commission Expires: N!Jta~y Pu!'lit' State of Florida at large t"'f Cl]m:mmn-bpiret--Mer~ 13, 1976 Bcn~.d 'By A~$_rj';]n - fire' e~ C.'l.!o!lty Company ,.,'