SIDEWALK WAIVER GRANTED (58)
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RECOROEO
PIMELLAS co. FLORIDA
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C.R. 3669 PAGE 869
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~1.132994
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AGREEMENT
THIS AGREEHENT, made and entered into this 8th day of November 197 1
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by and between the CITY OF CLEARWATER, FLORIDA, a Municipal corporation,
hereinafter referred to as "City"; and Ann Becker
hereinafter refe;rred to as "Owner";
WITNESSETH:
the
WHEREAS, the Owner owns the following described real property situated ir
City of Clearwater)Pinellas County, Florida:
Block r.;
.Lots 10-11, Belmont 2nd Addition, 1570 Ewing St., Clearwater Florida
A
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
WHEREAS, the Owner is erecting certain new construction on said property
and has requested the City at this time not to require the immediate installa-
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, determ~nes 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;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable con~idcration 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 ~equire 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 neccessary to have sidewalk
installed in connection with said described real property.
3. The Owner or his heirs, personal represenative~, successors or assign
shall at his expense within ninety (90) days from the notification by the Citv
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 reearqed 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 he hinding 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 \-lri tten
instructions notifying the other party of a. different address:
City: . . Owner:
Mr. Herrett R. Stierheim "< Ann Becker
City Manager 1570 Ewing Street
P.O. Box LI74 8 Clearwater, Florida
Clearwater, Florida 33518
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'O.R.3669 PAGE 870
IN WITNESS WH[REOF, the parties hereto have caused these presents to be
executed t day and y r last above written.
Approved as to for & correctness:
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Ci ty!f;t:orne . " .
FLORID!
Witnesses:
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O\.mer
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERT!FY, that on this j,May.of~ ' A.D. 197.L
before me personally appeared Merrett R. Stlerhelm, Herbert 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 'la\~s 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 he
their free act and deed as such officers thereunto duly autho~i~~d~and that
the official seal of said municipal corpor~tion is dul~ affi~edthereto, and
the said agreement is the act and deed of said corporation~j
. WITNESS my signature and official seal at Clearw~terin,the County of
Pinellas and State of Florida, the day and year last above written.
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. Notary Public ·
My ('ommis~iQnr.;r''''n.:i.11'Q,Q:
Net-ory' F'll' 'c. "S',,,,, , 01 .~it'n~
Mv (om:'.;" j,,, [;:;;:~cs Od. 22, 19/4
.....d.d br ~. file & ea.....". Co.
~ STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before m~personally appeared
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to me well known and known to me to be the individuals described
executed the foregoing agreement and acknowledged before me that
executed the same for the purposes therein expressed.
WITNESS my hand and official seal this~ay of
in and vlho
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My Commission Expires:
Notilry 1':1bEr. Std" of Florit'a d large
My C'.:::,: : (, :.;,,~:. Ct. 22. 19/4
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ThIs instrument .was prepared by:
HERBERT 1\1. E~>-""'.N, City A~torney
City of Clean'h;tLr, P. O. Box 4748
~lea.rwater, Florida 33518