SIDEWALK WAIVER GRANTED (312)
'-
J".
I
75156682
A(;IU;Ei'1ENT
I
o. i.4354 PAGE 1285
TIlTS AGHI':EfvlENT. 1I1ade and entered into LId s . .14th day of November. ,
l~,?~__"""':"',_ by it nd between the C 1'1'Y OF CLEARWATER, I"l.OR-[I)^~--;~-~~t~~~-Tcipa 1 ~~)l:po'ra t~i~)~~;'--------
Jlerclnn (tel' referred to a s "City"; and Anrhony J. RpnkmTi r & Tohnnpttp!=: RpnkmTi r (~.is.._Wife)
hereinafter referred tu as "Ownerl!;
WITNESSETH:
WHEI~EAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida, to wit: 3150 San Jose
Lot 1, Del Oro Estates
And
WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public ri~lt-of-way, which is to have new construction on it, either for resi-
dential, co~nercial, industrial or other purposes, shall have sidewalks constructed by
the owner 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 irrunediate 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 insta lled, that the
Owner will, upon notification by the City, have sidewalks irrunediately installed at his ex-
pense, 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
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
th~!t 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-
stHlled 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 accordarice with
City specifications and standards within ninety (90) days from the notification by the
Chy, then the City may have the sidewalks installed and assess and impose a lien against
th2 described real property for the cost of the work.
5. This agreement is to be regarded as a covenant running with' the land regardless
ot whether it is specifically mentioned in any deeds or conveyance subsequently executed,
an~ 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
pnrties at the following addresses, until receipt of written instructions notifying the other
.. g;~rty of a different address:
~~"1'
.n8t-
...-.. ~ "'ii 00
Q) ~~ .~~ r1
f'.4 -I 0 to
,~ ~~ C'<:l
p~ -p ~
r:;C;O ell
p. ."0
~ ~~~"' r-: .~
f.< ~.~.: ~~ ~
-.l~ !-~ -...-:J ..
," ~ ;IJ ~
c:';::J ~.3
~ l-< ell
~, .;IJ t>
~.~~~
~UJUell
~-';"H~
.~< "1 0 0
.;!~ ~ ~
,..Ci 0 ~
E-i;:qu
E-i
t
..
Ii
C>
:t~CORDE~
ll'MULAS CO. FLORIDA.
~~lff')J'.'lI."",
OI.fRK CIRCUIT COUtH
Anthony J. Benkovic
Johnnette S. Benkovic
163 Cambridge Circle
Apt. C
Clearwater, Fla. 33519
.. C'...'''J
o ~ '1(" ~..
L ~ r. ,_
r r_.. ~"r.
--"-I ,-
Z ,-~ >< ,
0'.; '~I C~ co::
~ ..,.. (.tj ;::
f-c '. f-;
'-'Jt:O<
.A:: 0 Ii 2
City:
City Manager
PO Box if 7 ifR
Clearwater, Florida
Owner:
33518
c.<
<~
/l71d
riJ
6..~~
0. Z 3.n ~N '75
h
()
-1-
6~
.,;' G~()O (38)t(
L'
~("~
I I D. i. 4354. PAGE1286
lN wrTNI'::;S WllfmEOJo', the partt('~, hereto IHlve (';tll~;ed thc:;(' presented to lw
the day and Yl'ar l<lst above written.
ex(~clltpd
CITY
", "il.t
.-of ,.., I,
: ;,
'..
By
Countersigned:
521?~~~
Mayor-Commissioner ..~ .
" ~'
. c,'
,'ift q
. i J,.
'.
~ ~'"''
:
Approved as to form & correctness:
,,,",
. . . ~ ~ . it
.
. '
.- '"
" '\.~.. >
/.
0'~ty
",F
)
l t
Witnesses: .~
j~ ~~~
(
AJ~~ C- ~
k
.
" //l~I.P~
I- /J:; ~ X? 7J~/
As to Owner
f1()-L~udh.) d&~EAL)
/:
I'
I../ .
Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, . ~ ,_19 7~ ,
before me personally appeared ~
and ~~y ('~.a.~ , respectively Ci, anager, City Attorney, City Clerk
and Mayor-Commiss~oner of the City of Clearwater, a municipal corporation existing under
the laws of the State of Florida, to me known to be the individuals and officers described
in and who executed the foregoing Agreement and severally acknowledged the execution
thereof to be their free act and deed as such officers thereunto d~ly authorized; and that
the official seal of said municipal corporation is duly affixed thereto, and the said
Agreement is the act and deed of said corporation.
My Commission Expires:
Notary Public, Slote of Florida at large
My Commission Expires S~pt. 29, 1977
londed by Ameri~on Fir. .. 'oil/QIIy Co,
STATE OF FLORIDA) ,
COUNTY OF PINELLAS )
,,\~~}~Ht'~IIJ
WITNESS iny signature and official seal at Clearwater in the CouRtf;~ Ibne:L~as
and State of Florida, the day and year last above written. ~~., ''.) >,,,,q.,..,~',.
~ d. . c /'~~ /~.l -;21/~>"::
~PUb1k_;: ~ Uj~Jl.j
~.:' ~. ~ Ji l11 0 '.\
~~"J-'''.\ \ '.. ,.... ......",
*:' ("!.-/~ '1ft
tdF U tt..... ,I
I'/Ii :":
'"
...;.,)
'i..
Before me personally appeared Anthony J & Johnnette S Benkovic
to me well known atld known to me to be the individuals described in and who executed
foregoing agreement and acknowledged before me that they executed the same for the
purposes therein expressed.
the
WITNESS my hand and official seal this
14
.. :~:..:'~ '1 j ! 1 { r ..J.
da y of Novembe:-,',~~:J,J~,:I,~t$~~_.
.....,~ "," - ..~ ":-., ........
/~ ;.. J ?!/" 0 I /'''"/ ......<\
II. ' (]E.... j ;~..~/ ~ {';l;. ~.I'l ,} ~.- ;....
"'~-:'" ~~ IK". :....: ~.
N~t.lry I~:; -C;~" !?. r~ ::-
:;, ""';, i"r ' I c'; ~ '~ ~..
......" ~', ~~ ....... ct, -..r .
--..;, "/~ '... .:~- ,-, /
"......~ .. ".."--, ,......~v ,.
s"~;i', ~ ! .'.. :,~:,~~,\,,\~'\~'\
rf'tjf . ..ji'i~'''P
My Commission Expire~;:
Notary Public, State of Florida at large
M~[1.!.ml?sioll_~x.E!~s.. FEB._~~~.)~~
- 2.