SIDEWALK WAIVER GRANTED (208)
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RECDRDED I
PlKElLAS CO. FLORIDA
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CLERl CIRCUIT COURT
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AGREEMENT
'o.R.3f369 PAGE 849
THIS AGREEMENT, made
by and between the CITY OF
hereinafter referred to as
hereinafter referred to as
and entered into this 26 day of July ,197 -1-,
CLEARWATER, FLORIDA, a T'lunicipal corporation,
"C1.ty"., and ]1 Lak M t" ti ( 'f' 1\
J.' r. e ar 1n 1=lnd LAnA Mar n WJ. ev
"Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas County, Florid~:
1137 Union st.
Legal: Lot 10, less westerly 15 .ft thereof', and Lot 11, less easterly
and 15 .ft thereo.f, Block S, Bay Terrace a: Bay Terrace Addition.
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, 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, inconsideration 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 real 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 side\~a1k
installed in connection with said described rectI property.
3. The Owner or his heirs, personal represenatives, successors or assign~
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, 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: !vIr. Lake Hartin
M~. Merrett R. Stierheim c/o Geo. C. Wagner,Bldr.
Clty Manager 1986 N.Highland Ave.
P.O. Box 4748 Clearwater,Fla.33515
Clearwater, Florida 33518
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-INwWITNESS WHEREOF, the parties hereto have
executed t day and year last above written.
FLORIDA
Witnesses:
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. Owner L~{e Martin
WITNESS my signature and official seal at Clearwater in tl)~e;>j.'l?(!)unty of
Pinellas and State of Florida, the day and year last above wrJ,.~-t~en.
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:,?~~.\., '...";<',' :,:_',:<"::':-,,-:.',,"::'"
M~otk~~]~t,~~~~rf!o~~Pa~fa~i :
My Cu;};'i,;:"j~'!1b:;J'T;;:\ 0;':. '11, 1974
Bonded by American Fire & CasuallY C9..s
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared Hr. Lake Martin and Lena l'.fartin
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
WITNESS my hand and official seal this....<<; ~ay
My Commission Expires:
""~.\. ,.H.;, III;
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O~.D. 197L.
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ThIs instrnment was prepared by:
HERBERT M. BRO\VN, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518
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