SIDEWALK WAIVER GRANTED (182)
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o.R.3635 PAGE ,YO
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AGEEEHENT
THIS AGREEMENT, made and entered into this 17th day of September ,1971 ,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and Edward W. Martin and Marietta Martin (His Wife)
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated In
the City of Clearwater, Pinellas County, Florida:
Lot 37, Unit 3, 131 Midway Island, Island Estates of Clearwater
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,cow~ercial, 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 sidevlalks 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 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 SOl
then the City may have said installation made and impose a lien against the
described real property for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable consideration between the parties, receipt of which is hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The City will not at this time require the installation and
construction of sidewalks as part of the erection of the building and
improvements by the Owner on the above described rea~ 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 neccessary to have sidewalks
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assigns
shall at his expense within 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 1S to be regarded as a covenant running with the land,
regardless of whether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties,. thei
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 notlfying the other party of a different address:
Gity: Owner:
Mr. Merrett R. Stierheim Edwin and Marietta Martin
City t1anager 131 Midway Island
P.O. Box 4748 Clearwater, Florida
Clearwater, Florida 33518
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.C.R. 3635. PAGE 71
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I-N WITNESS WHEREOF, the parties hereto have caused these p;resents to be
execute the day and year last above written.
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CITY
Approved as to f & correctness:
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Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
G. B. Weimer
I HEREBY CERTIFY, that on this tj..&k-day of (J~ , A.D. 197 L,
before me personally appeared MapPliili;t R;-,~tieF~JIl.7 Herbert M. Brown,
R.G. Whitehead and H. Everett Hougen, respectively.City Manager, CitY*Acting
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 the individuals and officers described in and who executed the
foregoing Agreement and severally acknowledged the execution there~f 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 Clearwate-r':Ll1th~.~C'ounty of
Pinellas and State of Florida, the day and year last abc:>'V'ew:r'i1:ten~- ...' '/',
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My Commis.sion Exuil:'e-5:
Notilry Publ:t, Str.tt! oi FIom!t at -urge
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D__..I.....! hv A.merican Fir" & Ciuualty Co..
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared g~ nfv;~;J!f'~
My Commission Expires:
Thi6 instrument Ii <13 pI'l' >,L ed by:
HERBERT M. BROW N, City Attorney,
City of Clearwater, P. O. Box 4748
~learJtAter, Florida 33518