SIDEWALK WAIVER GRANTED (59)
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u. R.4121 PAGE1098
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'I'HIS AGH"EEMENT, rnac1e and entered into this 7th day of December ,
19 73 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation
hereinafter referred to as "City"; and BYARS DEVELOPMENT CORPORAlt'ION (A Florida Corporation)
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida, to wit:
Lot 21, Boylan Subdivision_
and 13 72 -13 74 Boy 1 an c:2.';;" ;) q_ / ~
WHEREAS, Section 7-6 of the Code of Ordinances of the City requir~s that all land
that abuts a public right-of-way, which is f(i} have new construction on it, either for resi-
dential, commercial, industrial or other pB:rposes, shall have sidewalks constructed by
the owner on, acnoss or adjiacent 1ihereto; aJJntQ
WFl"'ERE<~;" t:b"'<f: OWI'l'<el" is eJl'ec1dim!& ,.certain new construction on said prope rty and has
requested the Clili;;y at tlhis tibme nc.tt to m:e:4pt.n1'e. the immediate installation and co nstruction
of s idewaillJ~J$ in (L'Hl)nneo:c.if.iioTh tj)h-ere.-wii'th;;4'l1lficif'
IN''''itll]gR.JE::~$,, itJb:f <<h:~er milS, ag:treed'fht if in the future the City, in its sole discretion,
deterTnm;f;$ that Et is, adViE,'~:aifu1e iamri[! necesffiillrj' to have such sidewalks installed, that the
Owner wi]]" up <m,. I!l!otific::atiicon by~illDe City, [have sidewalks immediately installed at his ex-
pense, a11l.<U if h,C{' gJ;bould :ffaiill tm do, $0 then tflhe City may have said installation made and impose
a lien ag,.qjjm1st tinE' <illerscr:Foedllreal'!]!JL:'ope:::-ty:: nOT the cost hereof;
NOlW, 1f:ilillEIilJE.FORiE", lin..cfIDmsii(dker;ftliim of the forego...ng premises and other good and
valuable c\QJll])sicIi"$';llcwnrQlI1 1lDetv;1'te(f:n ttlh.e: pa::rr1ii('f.s:.~. 1receipt of which is hereby acknowledged, the
parties he;:sre'to '!~:(0;V\eDaUl:fL and! aigree'; as tlfrI:g0wS'~
1. 'The \Cilly w-,ri'J.1 no-ltJii:t thii$ tinI:e :I~e~'Uire the installation and construction of
side\valks eLl> pdfl.;:{; ;of 6bfe e]'C'dtioT'~ Qif tb,~; b~LiXlii:mg and improven'lents by the Owner on the
above desc::rlibed )neal }>lnoperty.
2. The Cilit;r n'1'aJY at aJl'lY time in the future notify the Owner, his heirs, personal
representatiyes, &"Uccessors or assigns that the City in its sole discretion has determined
that it iS1;cbrisabl'e and ::ilecessary to have sidewalks installed in connection with said
described J!"(eal property.
3. The Owmer 0,1' his heirs, personal representatlves, 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 Owne:!; or hi.::; heirs, personal representc>.tives, Successors or assigns shall
fail to have sidewalks installed for the described real property in accordance w~.th 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 ixnpose 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 regard1es s
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.
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6. All notices pursuant to this agreement shall be furnished to the respectA~~rties
at t~e following addresses, until receipt of written instructions notifying the other titf ~
of a different address: ~.~~ 35
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City: PIMEL....Ac; CO. 'J oj Owner: Z ~'C
City Manager ~ .~~~ Byars Development Corporation ~ ~a:~
PO Box 4 748 CL.E"r.Jt.~RtU 1210 Culbreath Isle Drive i ~ ~ ~
Clearwater, FloridJai ;1183 0' fH 'N Tampa, Florida 33609 hi] E
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u. R.4121 PAGE1099
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caused these presented to be
,
~! 'IN WrrNESS Vv' JIEn.EOF, the parties hereto have
c);ecuted the clay and year last above written.
4"
"EAR W;A l'~t,.F LORID..,I\.
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By
Approved
Z~~
Ci f Attorney
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BYARS DEVELOPMENT CORPORAT~,,~$:EA:I_I}---.
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gre(-0~f~iAL)
Owner
S TATE OF F'JUDRIDA )
COUNTY OF IPINELLAS )
I HERlJE:BY CERTIFY, that on this 3",,1.. day of ~ ' 19 7)<.' ,
before me: p,el1'$onally appeared ..,,~ 1.3~ ~~ I~ _~ ~_? wJJ7;,il_ L
and /-1 ~ 1J.v.---..____ , respectively Cit Minager, City Attor ey, CIty Clerk
and Mayor-.CCll:r:t:nm~ of the CIty of Clearwater, a munIcipal corporatIon eXIsbng under
the laws of the: State of Florida,. to m.B knov;rn to be the indivich;als and officers described in
and who exe{:Ti'ted the foregoing Agree1Ylent and severally ackn~)wledged the execution thereo:f'
to be their free act and deed as such officers thereunto duly a'i.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.
My Commis sion Expires:
Notary PublIc, State of florIda at Lar.o
My C_islion Expires Sept. 29, 1977
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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Nota Public:,'" ,', l
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llaMa'" hy A",Artrol"ln J:i.c a.. r...u.-I\y r'"..
STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personally appeared Joe. C. Ey-a,rs "
to me well known and known to me to be the individuals descdbed in and who executed the
foregoing agreement and acknowledged before me that they executed the same for the
purposes therein expre~sed.
WITNESS my hand and official seal this 7th
da y of December
, 19 73
My Comurission Exp1a:es:
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M) C0f1irn;:i;:'lnl;.x;ilr~ r.1" -3 :n"~ ":;
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