SIDEWALK WAIVER GRANTED (25)
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RECORDED
PIHE.lLAS CO. FLORIDA
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AGREEHENT
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as "City"; and Alan
hereinafter referred to as "Owner";
'i;v
,;;lo;"-- day of }4-v- ,197.L,
a nunicipal corporation,
Hoffer & Jean Hoffer. his wife
WITNESSETH:
WHEREAS, the Owner owns the fallowing described real property situated ln
the City of Clearwater, Pinellas County, Florida:
Lot 12 Block E, Breeze Hill, City of Clearwater,Pinellas
County, Florida as recorded in the Public Records of said
and county in Plqt Book I), Page 66 - 1404 Rodgers Street
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
WHEREAS, tIle Owner is erecting certain new construction on said property
and has requested the City at this time not to require the immediate installa- I
tion 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 neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have i
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; i
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NOW, THEREFORE, in consideration of the foregoing premises and other good I
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 that it is advisable and neccessarv to have sidewalk~
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assiqn
shall at his expense within ninety (90) davs 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 described real property for
the cost of the work.
5. This agreement is to be regarded as a covenant running with the lahd,
regardless of whether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties,. the~
heirs, personal representatives, successors or assigns.
6. All notices pursuan~ 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 Mr. & Mrs. Alan Hoffer
City Manager 1253 Turner St.
P . O. Bo x 4 7 4 8 Clearwater t Fla. 33516
Clearwater, Florida 33518
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.O.R. .36i8 PAGE 163
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IN WITNESS WHEREOF, the parties hereto have
executed the day and year last above written.
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Countersigned:
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presents to be
Approved as to form & correctness:
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Witnesses:
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Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this ~~day of ~~A.D. 197 I ,
before me personally appeared Herrett R. Stierhe m, Herbert M. Brovm-;-
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 Clear~~ater in the County of
Pinellas and State of Florida, the day and year last above written.
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Notary Public
My Commission Expires:
NotClry Pubk Sb~" 01 Florida at La~,ge
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y -~",!.;.~>_..J" A.. ..,:'.....) V\.~. ..... '
tl....n--l" I h" .<!.-r":'-;:lr. F::e 8.. C<l:;:.:~:IY Co.
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally
!/orFF~ 1 LlE.4rJ I!oFFEK:. /-lis WI/€"
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to me well known and known 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~day of tVov A.D. 197/
My Commission Expires:
Notary Public, State of Florida at large
My Commission ExpirES JULY 6, 1975
a~:LWc~L
". ota-rY Pub lC _
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Thle instrument waR prepared by:
HERBERT M. BECi'.\lN, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33t1'lS