SIDEWALK WAIVER GRANTED (194)
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710784.12
,D.,3584.PAGE209 1'Pd( /c2-~
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AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of July ,197-L'
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and Allen A. Nelson & Mildred F. Nelson
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated 1n
the City of Clearwater, Pinellas County, Florida:
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,~ 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
(~ ~~construc~ed by the owner on, across or adjacent thereto; and
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G ,.~ ~ ~ WHEREAS, the Owner is erecting
2 ~ "~ ~nd has requested the City at this
Uj S U ~ion and construction of sidevlalks
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~~~ WHEREAS, the Owner has agreed that if in the future the City, in its sole
~ ~ u discretion, determines that it is advisable and neccessary 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 thereof;
2022 Douglas Avenue, Lot 4 less No.5', Block D, La Jolla Subd.
certain new construction on said property
time not to require the immediate installa-
in connection therewith; and
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:
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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 neccessarv to have sidewalks
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assi~ns
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.
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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 Cl. lien against the dJ~sc~ibednrealp:r'Qperty_foI"
the, cost of the work.
5. This agreement 1S to be regarded as a covenant running with the land,
regardless of whether it is specifically mentioned in any deeds or conveyances'
subsequently executed, and this agreement shall be binding on all parties, thei
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 of a different address:
City: Owner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Mr. Allen A. Nelson
2022 Douglas Ave.
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~l3584 PAGE fiO
IN WITNESS WHEREOF, the parties hereto have caused
executed the day and year last above written.
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Approved as to rm & correctness:
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Witne,sses: , , Y1,
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY. that on this / 'lei day of J, ~ ' A. D. 197 I
before me personally appeared Herrett R. Stierh lm, erbert M. Brown,
R.G. Whitehead and H. Everett Hougen, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner 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 theremf to be
their free act and deed as such officers thereunto duly 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.
WITNESS my signature and official' seal at Clearwater in the County,/o!f
Pinellas and State of Florida, the day and year last above written.
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My Commission Expires:
Rota~ Public, State of Florida at large
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My ommlS51On xp,WS Jep-., k , " ~
,Bonded By. Americ:an. file & c...asua:ry It..O.!
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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"'Befo-re~ me-"'persona-l-ly- appeared --AL-L-EN---A.. -NELSGN "and-"cM-lWRED--F-.-.--N-FJ$ONT-h-iS-.wife-,-__
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknoVlledged before me that they
executed the same for the purposes therein expressed.
WITNESS my hand arid official seal this~day of July
A.D. 197 1 .
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N"atary "Puf!!ic:~te of:;-flonda..m ta~e:-;:,::
My Comr\Esl~~ ExpH'J1.s Ajlg..12, 1913; f
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