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SIDEWALK WAIVER GRANTED (175) G f'" " , 720940.74 , . ~ /1r G.~ 3842 PAc[666\:<,~.' ..' . ,,~ 11 AGREEMENT by to to THIS AGREEHENT, made and entered into this 13th day of ar:d beuw'een the CI OF CLEARWATER IDA, a municipal corporation, as "City"; and as "Owner"; WITNESSETH: July , 19~~ hereinafter referred hereinafter referred {;JHEREAS, the Owner Owns the follovving described real property situated in the Ci ty of Clearwater, Pinel1as County, Florida: Section 15-29-15 M&B 1145 Court Street, Clearwater, Florida - -. WHEREAS, Ordinance 1\10. -12196f the"'City r'equires that all land that 'abuts a public right of way, which is to have new construction on it, either for residential, corrmercial, industria] or othe:!.' purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and 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 Owner '-Jill, upon notificat ion 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 bet\Veen the parties, receipt of which is hereby acknowledged, the parties hereto covenant and agree as follows: L The City \ViII not at this Elme require the installation and construction of sidevlalks 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 necessary to have sidewalks i~sta1led in connection with said described real property. 3. The Owner or his heirs, personal representatives, successors or assigns shall at his expense vlithin 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 tLefollo''l,ing addresses~ until receipt of vJritteninstructions notifying the other of a different address: 'rhi,s inst"um ('l1t v:'!.:; prep3:'ed by:. rUmBl'iHT M. ULC\./N, C,ty Attorney City of Clearwater, P. O. Box 4748 '., .91eal'water, Florida 3351~ UCI)i:\1)~ll PltliLL~S C<: r LORIO. 4r.1-rr~ 'LI"~ CIRCUIT tOIJl\T JIL 11 \1 rr F_M "1 f City: Mr. Merrett R. Stierheim City Hanager P.O. Box 4748 Clearwater, Florida 33518 Owner: BAR(,..o7I Lrr). RETURN TO CITY CLERK CLEAR~~' BOX 4748 · TEE. FI. '\ ()~)c; I'" .. ~ 'Jdv ~..,. 07 " Of;2" ooC if) g ~i'!~ -~ ~ I I O.R.3842 PAfE667 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day a~d yeat last above written. CITY OF c4, ~,'. ," oH,,','.,,' "., " FF~~ ~~~:IDD,AA_, " l/~ZSV~-,) Ci~ Manager'~' Countersigned: Act~ Mayor - Commissioner By '-- ~a form ~s: City Attorne~-'-' .z~ ~H~L~ Asto~ gk~,~*=JL~' WV'r ~t '~ As to Owner I y Witnesses: v -/ STATE OF FLORIDA COUNTY OF PINELLAS ) ) ;2~ ~~ ~ 197~ I HEREBY CERTIFY, that on this day of , A.D. ~97~ - before me personally appeared Merrett R-:-Stierheim, Herbert M. ~own,. 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 knmvn to be individuals and officers described in and who executed the fore- going Agreement and severally acknowledged the execution tl',r~reof 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 sdid 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: t florida a\ large No\arv, t>u~lic: s\~\e i~e.~ Sll t. 29, 1973 M,y lOlOnU))I11R tY{l F.r. &. l..uany 6.. &ondod &'1' American '//, ,~;~2}S;:":i~,'" . Il " 'Y"l\c'~ .' r'~ .', ;.::r 'C) D ';:, "":/" "" _...,.c;.;-_:_~~:__;~' ~~ ~., :"v._~'U iJlIh'_\,i.t:_a-,_ _ -..<\,~ jJotGi't)C, ~)uhlic.~ / ;:.;;I..J . .::.' _'_~ '-,,_ '"" ~ ~Yt"', . ':"/ ~:~~.~ .....,,.. -'~ ":::J- St:J,'~.. -:..i "- ";'-~ '.:; 7 J ~ _ ~ " \~ ~~: (; -< STATE OF FLORIDA ) COUNTY OFPINELLAS ) k~~ II ~~' ~ ,,',' "~ '~" ,..,~~'~~ 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 /J ;/ day of ~ c,r :"{ '.;~~.~. 197 $..., My CommissioI), li:xn..;i;n.dJ~,',~ 1]1' ~'ote 0 rrt'1'\r' '" Notary pu: \0",;:. ;,' L,;c. 2~, 19;'~ My Comolll'oe.',,,: c'.c'" > '--;"'r~-