SIDEWALK WAIVER GRANTED (3)
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THIS M:::r:f.,;\!Fi,:'L', wilde ,:nei c>nti'rc"ji ;ito Ud _,_..~_~__,_,___._ ,_.. day of ...__,..~_':ll_~_.__,__
by ;HlcL ht;'L,~'c'n the CIIY,.OF (;j,EALn,i/i.'Li,:, t:LUEIUA, a nmnicipaJ co:cporation, hercinafLcL
to <1:; "ei ty....; Dud __~FS__~ERy'ICE (~O~Q~!_!.Q~~__~...!!or!~~~~~or~~ion ______ hereinafter referred
to as lrCJ;:-:rn(~rll;
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h'l TNE S ~J:':T1J:
l-JHEREAS, the Ov!l1er OvntS the fol1o;rLn[; described real pL'operty si tuateJ intlw C1 ty of
ClearHater, Pinc11as County, Florida:
Lots 9 and 10 . Block "G" LAKEVIEW HEIGHTS SUBDIVISION, recorded in Plat
Book 13, page' 5, of the public records of PineUas County, Florida.
and
WIEREAS, O,'d:Lnaecco No. 1219. of the City requirec'; that all land that abuts a public
right of Tday, '\Jhich is to h"vc new construction on it, either for residential, cormilcrcial,
industr:Lal Ol' other Furp()~;es, [;ha11 have side'\Jalks constructed by the O\\"nE'r on, across or
adjacent thereto; and
mmREAS, tIle O;<7ner is erecting certain ne'\v construction on said property and has
requested the City at this time not to require the inunediate installation and construction
of sidewalks in connection thereHith; and
mmREAS, the Ol\mer has agreed t112.t if in the future the City, in its sole di[~crction,
determines that it is advisable and necessary to have such side~31ks installed, th2t the
Owner will, upon notification by the City, have sidewalks innnediately installed at his
expense, and if he should fail to do so then the ~ity may have said installation made and impose
a lien against the described real property for the COst hercof;
NOVJ, THEREFORE, in consideration of the foregoing pr2Inises and other good and valuable
consideration hetHeen the parties, receipt of whicll is hereby acknowledged, the parties hereto
covenant and agree as fol10\'18:
1. The City Hill not at this time require the installation and construction of side\valks
as part of tbe erection of the building and i.mprovements by the O\vner on the above dcoscribed
real property.
2. The Ci ty may at any time in the future notify the Ol'mer, 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 Hithin ninety (90) days from the notification by the City have side\>7alks ins talleo
for said described real property in accordance with City specifications and standards as
established.
ft. If the OIV'ner or his heirs, personal representatives, successors or assigns shall
fail to have sidewalks installed [or the described real property in accordance with City
specifications and standards 'I'lithin ninety (90) days from the notift-cation by the City,
then the City may have the side,valks installed and assess and impose a lien against the
described real property for the cost of the \vork.
.
5. This agreement is to be regarded as a covenant rmming 'lVith the land regardless
of ~~lether 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 tte following addresses. until receipt of written instructions notifying the other party
of a different address:
City:
Hr. I>lerrett R. Stierheim
City Hanager
P.O. Box 4748
ClearHater, Florida 33518
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o.'111er:
CFS SERVICE CORPORATION
p. O. Box 4608
Clearwater, Florida 33518
RETURN TO.
CITY CLERK'
CLEAR~ O. BOX 4748
A TER, FLA. 33518
This instrument was prepared by:
IIERBT""'I' }" Dn(-'~~rN. C.
.." . ";:'. \';. J>.~, " n", ,Jty Attorney
City cf Cl,Lv.'<:tcr, P. O. Box 4ld8
Qlggny~ter, Florida 33518
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IN h'ITl':CSS HIlEr-.EOr, lhe ['arf.,y '.' lH.'l~,,~Lo have cdused Lh~;C' prc~;cnt2 to be e;~en.,ted the
d:J.:/ ar..d ~rear ~Ja~.:;t c;,bO:'(/2 'v,7Tittc.n~
C 1'1' Y
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By ____,_---'-_..,'_.____--'"-.....__-'-..-'.____~
City Manager .. i
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Atte:t~~
f '. City Clerk -.
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As to ~ OcvJ7er-
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Ma~r~e M~ CO~dO~~r~id.e. nt__.; . _;,
Att;est. _ctn :r.r I ~ __'~_'~~.
~vner , ; ,
Edna Morin, Assistant S4t~retaX'Y
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A~-o~ 0\?L1~J,: "Ty ~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this /.yt;tc day of ~. , A.D. 197 ~
before me personally appeared Herrett R. Stierheim, Herbert 1'1. 1#'ov-'11 , R. G. vlhitehead and ---
H. Everett Hougen, respectively City 1'1anager, 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 known to be individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution t~ereof 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 sa~d
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.
~~~-7!?~.P'.R' ~~._
.. Notary ~ublic '
My
CQffiffii&Sion Expi~es'
Notary I'n\llr(. Shl~ (',' Honda at Large
My (ilm:::is5iili! h;li,es Od. 22. 1974
. e8HS@g e. Aft1@li,i1. 'i,t a. C..uoIIY Co.
STATE OF FLORIDA )
COUNTY OFPINELLAS )
Before me personally appeared MAURICE M. CONDON, President, and Edna Morin, Asst. Secty.
to me vlell kno\vn and kno\-m' to me to be the individuals described in and \vho executed the
foregoing agreement and acknowledged before me that they ~xecuted the same [or the purposes
therein expressed.
hTITNESS my hand c.
official seal this 9th
day o[
June
A. D. 1972
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r..:.::" -.J:!- Notary Public
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Hy Commission Expire:"
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Notary Publ;(. St~tQ of F!or:dll at Lan]e
My Corr.:::,'jun Ej(jliros Dec. 14, 1975
aond.ci Bv Amttican Fire & (o.uollv C...