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SIDEWALK WAIVER GRANTED (250) e e o. R.4071 r;CJ<-~~ I'.J ~ PAGE1608 ?,7, <;' -,)-.)- - ~, ~ (; 73118554. ". (; AGREEJ\IENT THIS AGREE}ITNT, made and entered into this ??nn by and between the CITY OF CLEARWATER, FLORIDA, a municipal to as "City"; and BRUCE D. AND SHONNA L. IEB (wi}e) to as "Owner"; day of AII~I~T , 19B- corporation, ereinafter referred hereinafter referred WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: Known as 424 Leeward, Island Estates Unit 1 - Lot 47 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 O\vner is erecting certain ne~v construction on said property and has requested the City at this time not to require the innnediate 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 side\ilalks 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 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 property. 2. The City may at any time in the future notify the Owner, his heirs, personal representatives, successors or assigns that the City ill 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 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, 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. Merrett R. Stierheim City Manager P.O. Box 4748 Clearwater, Florida 33518 RETURN TO: CITY CLERK P. O. BOX 4748 CLEARVlf,TE::, FLA, 33518 ~~~=>~;f~';;;: :-' ;)!H~...t;~ j~ cc : 1. ,~~:: :It ~~ rn...u-u...... CLEI<K CIReVI r cOIJki ~-~~ Bruce D~ Lee 424 Leeward Island Clearwater~ Fla. ~E~X}9)e Aua 28 3 43 PH '73 This illstrulllelrL waG prepared by:, JmRHE;~T 1\'!, ;:C','i-lN, Alto,l'll@y City c1 CI . \\ ic.:),F, 0, r: '~dg Clearwater, Floridai;;)ln~ D 1.--DOr- OD ~ 4) . e D. R.4071 PAGf1609 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. By STATE OF FLORIDA COUNTY OF PINELLAS )( H~~{~ ) )(.~ . - O~- ) I HEREBY CERTIFY, that on this .:2-vtZ- day of ~ ' A. D. 197~_ before me personally appearedX1C'l:TBtt R. Bt':"crLc.iJI1, Herbert M. Brown, R. G. Whitehead and ' H. Everett Hougen, respective1yYCity Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of CleaL'water, 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 thr:?'ceof. to be their free ac t and deed as such officers thereunto duly authorized; and that the official seal nf 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 of Pinellas and State of Florida, the day and year last' above written. My Commi s s i'0f1 Exp i..x,~ c ~ ~~~-~ Not,ri;;'p'U'blTc""> ~. f '"lft''' \: ' ~,.;: ,.' ~/ .'.... .., ---~ . ~ , ." '(,tate ot Florida at la~ Mold' V PHb!I(. ,c t 19 \~n " Expires ~ep . , My CommiSSion, f' & Ca,"a\lY Co, Bonded &y Amencan ue . '-. -' '-"' ...:: - ::. '-I . t: \~ '- ~~t, ',l..'l' '~ STATE OF FLORIDA COUNTY OF PINELLAS JL~/,- %-L 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. ) ) Before me personally appeared WITNESS my hand and official seal this ~,/ ~~../ day of d~ U A. D. 1973 , (l;r.:~;"";'~~~~\ . - -:;:: :;;;;::.~ ~:...:~ t. .~ ,0; .......... :-:::: - - ~- ....' - ..,., ""_..l '. __ ,..'~_. .- "_--",.,\. ~ ~ .....;.:::;"'E j,'.'.,.... <;, .. "- My Commission Expir:ia:'c",..",,:<<, ~.t/// ~.J ' ,AtL~-~Cf c /Jl# Notary Public ~ C!.a/- ~ <:~.. / 9 ~~3 "k-I' . e .a.j.4071 PAGE1610 ADD~DUM TO AGREEMENT I '!'! STATE OF ILLINOIS) COUNTY OF COOK ) Before me personally appeared to be 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 therin expressed. ~&~ r)!IITNF.SS my hand and offieial seal this ~ day of ^,,~ r~~ A.D. 1973 rn~~ ~.~ Notary . blie cpt~i$sion Expires i~f~~~ISS'on Explraj AJir1120, 1975 t' ,,',i,;/";::"':;:"":-:.:'-'~'