SIDEWALK WAIVER GRANTED (30)
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:O.R. ,3.659 PAGE 307
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AGREEMENT
THIS AGREEHENT, made and entered into this r day of ?1' ~ ,1971
by and between the CITY OF CLEARHATER, FLORIDA, a Plunicipal corporation, .
hereinaf.ter referred to as "City"; and 8 tE C- ...- Pc. /l.I T II//C.----
hereinafter referred to as "Owner";
\VITNESSETH:
WHEREAS, the Owner owns the following described real property situated In
the City of Clearwater, Pinellas County, Florida:
l..f O( .50 {/..>-. - ->-. /'1~.. ~ I '-(- A. cr' ~/r (5-21
Begin L:>,) {t. !\ of j',w corner of Gulf to Bay & Venus Ave., Run .. 170 ft.,
~130 f~., . 170 ft.t S 130 ft. to POB
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 installa-
tion and construction of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sole
discretion, determ~les that it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks immediately installed at his expense, and if he should fail to do se
then the City may have said installation made and impose a lien against the
described real property for the cost thereof;
NOW, THEREFORE, inconsideration of the foregoing premises and other goo'
and valuable consideration between the parties, receipt of Hhich 1.S hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The City will not at this time ~equire 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 futuy'e notify the Owner, his heirs,
personal representatives, successors or assigns that the City in its sole
discretion has determined that it is advisable and neccessary to have sidewalk
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assign
shall at his expense within nineiy (90) days from the notification by the City
havesideHalks 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 (90j d~ys .
from the notification by the City, then the City may have the sidewalks
installed and ~~sess and impose a lien against the described real property for
the cost of the work. .
5. This agreement is to be re~arqed as a covenant running ,vith the land,
regardless of whether it is specifically mentioned in any deeds or. conveyances
subsequently executed, and this agreement shall he 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: . Owner:
Mr. Merrett R. Stierheim .~. "1/7_ ? /J .
City Manaf'.,er c:<. ~ /"/" tf3~ ~4.--.
P.O. Box II 748
Clearwater, Florida 33518 B~- ~~ ~
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:O.R. .3659 PAGE 308
^IN WITNESS WHEREOF, the parties hereto have caused
executed the day and year last above "lri tten.
pres,ents t? be
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this l~ay of 1?~. , A.D. 197 I ,
before me personally appeared I1errett R. Stierheim, Herbert M. Brm.m:--
R.G. Whitehead and H. Everett Hougen, respectively City Manager, City
Attorney, City Clerk and ~ayor-Commissioner of the City of Clearwater,
a municipal corporation existing under the lavls of the State of Florida, to
me known to be the individuals and officers described in and who executed the
foregoing Agreement and severally acknowledged the execution theremf 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 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.
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NotaryPubli'c
MJlota~~2- ~t~t~Iflo~i't\r~s :
M ( .. '"' 0 11 1914
y i:';:1,::~t::~'!.~n l::;qlliC:; .,~t.. ,
Bonded by American fire &. Casualty _CQ,s
^ STATE OF FLORIDA )
.. ~ OO:OUNTY OF PINELLAS)
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]~:::e Before me personally appeared ...L. ~~::J?:-#-"1
... Olf:>
~El~ me well known and known to me to be the individual' despr.j:b'ecfin and who
:5.. u~ ~~cuted the fOl-'egoing agreement and acknowledged before me ;it):ta't.th~y
~ ~ lEi>i%cuted the same for the purposes therein expressed .;...:~/;. . - ,_.. ,', ..,
i ~ l~ WITNESS my hand arid official seal this / ,.4ay Of~ ,~~~! 1'91::( .
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.Sl ~ t Commlsslon Explres: .
t; i:il tary Pub.lie" State of Florida at Large
::c: . Y COmmissiOn Expires Oct. 30, 1973
l::!E!hgcrl hy Transamerica In~lIr;;nrp r,.,