SIDEWALK WAIVER GRANTED (161)
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AGREEMENT
THIS AGREEMENT, made and entered into this /~ day of t/e--t:::rd~ , 19~,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City"; and Peter Del Col and LaVonne Ann Del,Col, his wife. hereinafter referred
to as "Owner"; by Edward Phillips, their Attorney-in-Fact,
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lots I & 2, Block "Z" Hibiscus Gardens Subdivision
1338 Pierce Street
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
l<!HEREAS, 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
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
consideration 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 sidew'alks
as part of the erectio!l of the building ~nd improvements by the (Twner 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 sidewalks installed in connection with said
described real property.
3. The Owner or his,heirs, personal representatives, successors or assign~ 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 roay 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 whethp.r it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, personal repres~ntatives,
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 Manager,
P.O. Box 4748
Clearwater, Florida 33518
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. ILERK. CIRCUlfCOURT
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(A"ler:
Mr. Peter Del Col
1338 Pierce Street
Clearwater, Florida'
,
Th;simi~,',),n~_-"!: ','-'1:, .r"c,:___ared qy: \
. .. ..- " y', .,' cy Attorney
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C~~;;;-;;'~;(;lc, .LJl',-, CI. f~()x 4748
. Clearwater, Florid:;, 3351S
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RETURN TO:
CITY CLERK
P O. BOX 4748
Cl,EARvVAl'ER, FLA. 335115 . (/(~"-'
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lo.R. 3910 PAGE 6i
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"IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY
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City M4:.nager',
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By
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ity Attorney
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As Attorney-in-Fact for Peter Del Col
Witnesses:
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As Attorney-in-Fact f
W1TNESS my signature and official seal at Clearwater in the County of Pine11as and
State of Florida, the day and year last above written.
My Commission Expires:
P brStaie of Florida at large
Notary u 1[,. ~Q 19H
M.y Commission tXpll~) Sct,,~'u.lty Co.
aon:dQd e,y American Fire &.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared Edward Phillips, as at~gaIlfX~8:riJ~cAJgr~ftcbl Del Col
to me well known and knovr.:l'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
I)
I 9 .~ day of October
A.D. 197.2-,
My Commission Expires:
NDflfry Puti!ll:, Staff "'. FJorIiJI Bf t'rrIt
Mv r.nmmi~i:i,:,n ';vpfml Jill)' 7, 1913
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U.R. 3910 PAGE 68
POllER OF ATTORt!EY
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KNOH ALL MEN BY THESE PRESENTS, that we, PETER DEL COL
and ~aVON}:E ANN DEL COL, his wife, jointly and severally,
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have made, constituted and appointed and by these presents
do make, constitute and appoint EDVTARD PHILLIPS our true
and lawful attorney for us and in cur n&~e, place and stead,
to act as our agent in the purchase of the following described
real property located in Pinellas County, Florida, to~wit:
Lots 1& 2,Block 2, HIBISCUS GARDENS,
a subdivision as recorded in Plat Book
'14, Pages 55-59 of the Public Records
of Pinellas County, State of Florida,
also 50 feet of vacated right-of-way
adjacent on the west, also 15 feet of
vacated right-of-way adjacent to above
described on the north,
and in the acquisition and financing thereof in~luding, but
not limited to, the obtaining, execution an~/or approval of
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any and all loan documents 'necessary or appropriate in
connection with the obtaining of a mortgage loan from the
first National Bank & Trust Company of Dunnedi~ in the
principal amount of $130,000.00 payable over a period of
twenty years with interest at the rate of eight (8) per cent
per annum, giving and g~anting unto our said attorney full
power and authority to do and perform all and every act and
thing whatsoever requisite and necessary to be done in and
about the premises as full, to all intents and purposes, as
we, or either of us, might or could do if personally present,
with full power of substitution'and revocation, hereby ratify-
ing and confirming all that our said attorney or his substitutes
shall lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, we have hereunto set our hands and
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seals this d - day of October, 1~72.
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LaVonnc Anc Del Col
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U.k. 3910 PAGE 69
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STATE OF IY G..v Yottlc
COUNTY OF dew MIle
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgments, personally appeared Peter Del Col
and LaVonne Ann Del Col, his wife, to me known to be the persons
described in and who executed the foregoing Power of Attorney,
and they acknowledged before ~e that they executed same.
WITNESS my hand and official seal in the County and
State last aforesaid this ~~D day of October, 1972.
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My Commission Expires:
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