SIDEWALK WAIVER GRANTED (60)
tr
I :;;
\.,
I
74001456
I
v. R.4121 PAGE1100
ACREElvlENT
THIS AGREEMENT, made and entered into this 7th day of December
19 73 by and between the CITY OF CLEARWATER, FLORIDA, a rnunicipa1 corporation.
hereinafter referred to as "City"; and BYARS DEVELOPMENT CORPORATION (A Florida Corporation)
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described r~lproperty situated ill the
City of Clearwater, Pinellas County, Florida, to wit: II'
Lot 20, Boylan Subdivision
1368-1370 Boylan d~,c:)9- /~
WHERlliAS.. Se~tion70-i&oi the Code of Ordinances of the City requires that all land
that abuts a pul!r]ic right-of-',vay, which is to have new construction on it, either for resi-
dential, comme':!rcial, illdust1~iia! or other purposes, shall have sidewalks constructed by
the owner on, alcr:ro;ss or a:clljia!J'i:!f:;nt thel'eto; and
anq
i
WHEP..>IfliAS,th.c Q\t,V,lIJl:elrD.:S erecting certain new construction on said prope rty and has
reque sted the (Cijj:f.yat iih:is fuimnJre~ not to require the immediate installation and co nstruction
of sidewalks i:i1n <c:onnediomtih1<f~],.\ewith; and
WHEIR{Iili~, the Owner Thas agreed that if in the future the City, in its sole discretion,
deterlnines tll:utLiit is advisahteand necessary to have such sidewalks installed, that the
Owner will, Ulp--ml notificatiom hW the City, have sidewalks immediately installed at his ex...
pense, and if lire $ihQuld failuQ cdla so then the City may have said installation made and impose
a lien against fjihe:dJescll'f~di ~real property for the cost hereof;
NOW, ;'TfBlJEJREF'(;),'RUE;,;. flU consideration of the foregoing premises and other good and
valuable cons:1:ka:lerr\iiHon 'b,e-c\wec1!l the parties, receipt of which is hereby acknowledged, the
parties heret(iD 'O'.Ql'wenant aI11d] a~Jree as follows:
1. Th~; 'City w:iU :aot at this time require the installation and construction of
sidewalks as ipiJ.Ini: of the er.p'.(Cj~:i;o.n of the building and improvements by the Owner on the
above describedi Jrea1 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 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 in-
stalled 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 sid'3walks 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.
~
CI:i
(11
~
00
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. >.
'.. Q) 00
~f~
6. All notices pursuant to this agreement shall be furnished to the respectiV6 ictrijes
at the following addresses, until receipt of written instruction:s notifying the other Pir-1r~ i
of a different address: got3 0 Ct)
Mf:C:J'iL~: ~ ~ . ~
, P!NELlAS co, r','J::l::'t Z ~"t:
C~ty: ~~l...c. Owner: ; ~ t~
CIty Manager CLERK CIRCUIT COllRT Byars Development corporati'f~ ~ ..:-
PO Box 4748 , , 1210 Culbreath Isle Drive 41 c:Q ~ ~
Clearwater, FloridaJIIS is 3 0' ~H '7~ Tampa, Florida 33609 ,a i:: ~ ~ ;
!~G ~
- ffi 'S ~.
.$ r:Q >.
t) I .G:\ES ~ ~
D,- 0 I ~- OO-t4cJ/'" ~ u
-I-
n
E
~
:1!:Un~
>O~tf'I
~.~c:
t;Q3o~
.. ><s.;2
~~t;QS
> .. p:: ..
"QD
u. R.4121 PAGE1101
I
caused thes e preE; "nted to be
'.~ ! I
y IN \VITl'n~SS IVEEREOF, the parties hereto have
executed thl: clay and year last above written.
By
City Clerk.
~o~rectness:
C ty Attorney (
:W
>,
.-(~ .
, '
_~ :__....:.. ..>0-.:',
BYARS DEVELOPMENT
- -' - 'J
CORPORAntm '({5'EASLj,' ,,;~'
--;:, \i.~ j" ":"_'.".' ~ .."':...../.
.,;....... '.of ><,' ,..,i" ,,'
'-' .. v ('.' "J
'~"C"-<.;(~M;;,,/. ,,:
ffl.,l", (SEAL)
,#
or- c -0~
{
Owner
As to Ow!:)~r
STATE OlP FLORIDA
COUNTY ([1F PIN1!I:LLAS
IHJEREB":iYCERTIIF'Y, day of n~ ,1:1<(,
before me IPersonu:dLly appeared - flt'." ~ te. 6-, lP/}z;:/I_..L
and J./. ~ I~ ' respectively Cit 1 nager, City Attorndy, City Clerk
and l\'~;ayo:rr'-Con~l1i1ci:is~oneJt of the CIty of Clearwater, a H1U1llCI]lal corporatIon eXIstIng under
the la'.vs orEitihe S:;,.,Je of FLorida, to Hle knoW1'l to be the individ'cals and officers described in
and who exe'cuted'the foregoing Agreement and severally aekncw-ledged the execution thel'E~of
to be their free act and deed as such officers thereunto duly au thorized; and that the official
seal of said municipal c0rporation is duly affixed thereto, and the said Agreement is the
act and deed of said corporation.
WITNESS my
and State of Florida,
signature and official seal at Clearwater in the County of Pinellas
the day and year last above written'.
7~d_- - c. ~
~ub' Ie Z ,';..j _
My Commis sion Expires:
STATE OF FLORIDA )
COUNTY OF PINELLAS }
_ ' :Y(
~JA,: ~!,},p"',., ~. ',~
'~~,....~('" "" "'"' "'~
'J" C)
"0- o.
J/ ''''/)'1 '>oj
/
NotarY l'ub1ie, "State or 1I0naa at Large
My Com'miu:on l;"pir,..1t S~pt 29 1977
Bonded by American Fir. & Casualty Co.
Before me personally appeared Joe C. Byars ,_
to me well known and known to me to be the individuals descril:>edin and who executed the
foregoing agreement and acknowledged before me that they executed the same for the
purposes therein expres sed.
WITNESS my hand and official seal this
7ttL day of December
, 1973
, '"
.J~~~,y ~d_
, Notary PubL c
, ' ,
My Commis8ibnE~ptt-.es:
Notarv Public. SI8I~')l r1~a at"U~
My Commission E;:fre~. o'-~ 23, 'f9J.6
-----. .
..?"
~. v,;.."
"...;g
~"':l">
""; "
-2-