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SIDEWALK WAIVER GRANTED (316) ^ ~. J:-'J J J 73084873 1 0' ~ $.J. '),.1 - 71 , I ")-,.,0 () U. R. ~044 PAGE1840 . ,\r"" (0 ("' ':--', {,-, '~f' ;:-~\_"-i..'...._ '..'_ ,_ __ _', ...l... -~ TEl~(ICKi':EI'lENT, made and entered into this ___ ~.3 by and be t\-.Teen tIlL' CITY OF CLEARHATER, FLORIDA, a municipal to as "City"; and Burl McPeek & Laura McPeek (His Wife) to as "Oivner"; day of ___M;t:} r:: , 19_E_. corporation, hereinafter referred hereinafter referred HITNESSETH: HHEREAS, the Ovmer 0\Vl1S the follOwing described real property situated in the City of Clearwater, Pinellas County, Florida: and Lot 30, Del Oro Estates 3164 San Bernadino Street ')_:i1~ 1& ~G;C, -, HHEREAS, 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, con~ercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and WHEREAS, the o-vmer is erecting certain neu construction on said property and has requested the City at this time not to require the immediate inE;tallation and construction of sidm,Talks in connection t1wre\"ith; and WHEREAS, the OI\'ner has agreed that if in the future the City, in its sole discretion, determines that it is advisable and necessary to have such side,,!.:. i,ks installed, that the ()1;vner \\'ill, upon notification by the City, have side,'Talks 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 hereof; Nmv, THEREFORE, in consider3.tion of the foregoing premises ant. other good,and valuable consideration between the parties, receipt of which is hereby acknowledged, the parties hereto covenant and agree as follows; l. 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 Ovmer on the above described real i::Toperty. 2. The City may at any time in the future notify the Owner, his heirs, personal representatives, successors or assigns that the City i~ its sole discretion has determined that 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 installed for said described real property in accordance with City specifications and standards as established. 4. If the O\"ner 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 agreeme~t 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 parties at the following addresses~ until receipt of written instructions notifying the other party of a different address: City: Mr. Herrett R. Stierheim City Nnnager P. O. Box 47/+8 Clearwater, Florida 33518 Owner: ~ . j, (1) ('I> k ~';"d '., 1"'--- ,\ -.:_~ r-:TTJ~::I i l~C: C~ (--'=-.l~=I~T( P. O. GOX 47<= CLEATIW ATER, FLA. 33518 "F.(': '!fll' ~~, P!HEllAS CO F'l.i:,Ri:IA 4.~~A..~ CLEAK C IRe UI r C QURT Mr. & Mrs. Burl McPeek 32ll San Bernadino St. Clearwater, Fla. 33515 " ':fl .Jo r~~: .21 3 57 ~H '13 .:::i 07- 03'/ .~~ ---..~-'8----c:J- ~ .. I I D. R. 4044 PAGE1841 I[~ ~,lIl~~S.s _lJrIEREOF, the p'::lrties hereto have caU,S0:G ttl~~se pr2scat.s to be cxec1J.ted -che. day and year last above written. CITY OF ~IbA".' City Mar~ag('r --- . By City Clerk wi;I,1es. es: A1 _)(J~ 1~~\ As to C ~ ty )::", , .' - -i ?;Lt/ tl'a Ast~ y.. i- WITNESS my signature and official seal at Clearwater in the County of Pinellas and 'State of Florida, the day and year last above written. My Commission Expires: t!J10VfA~/4k Notary bli,' _.:./'\ ~ N'r:~Y?U8Ur;, STrJE nf FLORm,~ ~f LARGE ,'" ~("" ",' ,i'i',:':': ',,' , " r-; , 1974 ;CRST ~ . - ... ,-, " /( '1k STATE OF FLORIDA.. COUNTY OF PINELLAS ) ) Before me personally appeared {/)~~C!..<<-~ Y~::.??c:L d to me \o7ell knmo7n and knmo7n to me to be the individuals dc:scribed in and who executed the foregoing agreement and acknmo7ledged before me that they exc:c,ll:ed the same for the purposes therein e~pressed. _~-~< -':-:WITNE.S~S,:jTrl hand and official seal this ;;;1..3 --re day of ?/fo A. D. 1973 :: .,...- ~ -. ~.' ,."..... "<:- ..............-' /x-4/k.;z;',______.__ Notary Pub lie ~ ~. '~~ ~, .!\' ),:.\ -........... ': V' . .....' (...' -- Comnission Expires: Notary Public, State ?f Florida 2~t i~fj My Commission Expires July "c Bonded~- Ir-alliameJir.L.lni.Y.@!!f,U9!:_______,_