SIDEWALK WAIVER GRANTED (317)
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AGREEHENT
by
to
to
THIS AGREEMENT, made and entered into this
and between the CITY OF CLEARWATER, FLORIDA, a municipal
as "City"; and Burl McPeek & tiUlfi:l:-:~.McPeek, His Wife
as "Owner";
14th
day of
corporation,
September
19 72
, ---
hereinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the ~ity of
Clearwater, Pinel1as County, Florida:
Lots 444. thru 448, Del Oro Groves ~5tate
3211 San Bernadino
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 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
OI.mer will, upon notification by the City, have side\valksimmediately 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 sidewalks
as part of the erection of the building and improvements by the Owner on the above described
real };TOperty.
2. The City may at any time in the future notify the OIvner, 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 i.nstalled 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 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 land regardless
of whether it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, personal representatives,
,succes s,ors_,or--assigns.u_
6. All notices pursuant to this agreement shall be furnished to the respective parties
at tEe 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
Owner:
Mr. & Mrs. Burl McPeek
3211 San Bernadino
Clearwater, Fla. 33515
This instrument' wn,,; prepared by:
HERB2RT Ill. EL\. "" N, c.ty A'torney
City of Clc(1iw:!tr, p, 0, E~.x 4748
.Q~ilJ.'.water, Florida 33518
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEAr~\VATER, FLA. 33518
07- O.'3<f~
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. R.3886 Pft.GE 729
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By
IN WITNESS WHEREOF, the parties hereto have caused
day and year last above written.
'Z~,~.
C~ty Attorney
Witnesses:
K~ ;t;3~
As t::(~C ~
~/)~~~~
~ Owner
x
x
STATE OF FLORIDA )
COUNTY OF PINELLAS )
* G. B. Weimer ~ 7 d ;. t::- JJ A. ,
I HEREBY CERTIFY, tha~ on this -<' day of ~'-" , A. D. 197 dL
before me personally appeared He~];.G.t.;:-~,.....s.t.4..Q~~-Herbert H. Brown, R. G. Whitehead and
H. Everett Hougen, respective1y~~niOager, City Attorney, City Clerk and Hayor-Commissioner
of the City of Clearwater, a municipal corporation existing under the laws of the State of
Florida, to me known to be individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution tLereof 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 seid
corporation.
WITNESS 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:
,-' ,,~- 'i-i"'l flor;d~'--;\targe
f19ta"f llubk ;>ta e. 0 ...~ ~"1973
. " Lc'.cS ...,-pt. J. 7,
';.\y Comm.sslOn "J..F, & (o;ually Co,
Bonded By Amenci:m Ire
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'fsTATE OF FLORIDA_L._.__~_c,_,_~'" '__,_,______ .__~,_____,__,__ _____,____~~~-______"
-'c61fNIYOP-PINELLAS ) .
Before me personal~y appeare~" A Jl ~ ~ s: )j(~ %~
to me well known and known to me to ~e~iduals 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
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A.D. 197.2-.
MYJ\Jbt~IIUl~ ~9ion, ~~pires:
My 2' U !'C~ State of Florfcla at tardil'
:sonde~1;:~!SI~~. E:<Pires Oct 30, 197~~
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