SIDEWALK WAIVER GRANTED (175)
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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
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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.
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'LI"~ CIRCUIT tOIJl\T
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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
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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
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Ci~ Manager'~'
Countersigned:
Act~
Mayor - Commissioner
By
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City Attorne~-'-'
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As to Owner I
y
Witnesses:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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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
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STATE OF FLORIDA )
COUNTY OFPINELLAS )
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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
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day of
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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'" >
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