SIDEWALK AGREEMENT (96)
I
1:5 cu:/J /d. 0 ()
1-~-7f
u. R.4130 PAGE 715
I
74013881
AGREEI\'lENT
"'~ .
THIS AGREEMENT, rnade and entered into this 23rd day of January
19~__ by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
liIereinai1:er referred to as "City"; and :OOX~X:E:~u( CLIFFORD L. HEISHMAN
lnlre:Jreinial.:tlllel" r&'fferred to as 'IOwner"; and ETHEL E. HEISHMAN, his wife,
ViJllI!I}1lli5 S.E T H:
WHERJEAS, the Owner owns the following described real property situated in the
City of Clean'vater, Pinellas County, F~orida, to \vit: 2057 Keene Road, Lot 56,
Montclair Lake Estates
anQ
-
/~c:Jc;-/~
WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is <to have new construction on it, either for resi-
dential, commercial, indu.strial or other ]l'lrU"poses, shall have sidewalks constructed by
the owner on, across or adjacent thereto.;; .:a::ud
WHEREAS, th~ Owner is erect:riI'Wi;c.ertain new construction on said prope rty and has
requested the City at tTh&:s time not to :lJ"'eqlult.1~x<f;the inm"lcdiate installation and co nstruction
of sidewalks in conneciiil!illl therewith; :ail1j)!dl
WHEREAS, th~; 'Owner has agr.cl':\rl ttJn.at if in the future fhe City, in its sole discretion,
determines that it is i~JhTJisable and n,e<eci.s$;;a:ry to have such sid\{~wa1kG installed, that the
Owner will, upon n06:f1i(c.ation by the C:ii1:cy" !hawe sidewalks immediately installed at his ex-
pense, and if he shol'i;l]dt :ffail to do so t:mean. t11ne City may have said installation made and impose
a lien against the de:5lCl1ibed real prope1ri!::v f,Ol]" the cost hereof;
NOW, THER1rWORE, in consirl!e,1r'.a:itii\.CJJn of the foregoing premises and other gooci and
valuable considerati(lJ)ll'lJ between the paJr'ltilif'~$'"l['eceipt of which is hereby acknowledged, the
p'lrties hereto coven,cam:t and agree as[\Q)Urmms;:,;'"
1. The City \'riM not at this tir.ne Jriegwllre the installation and construction of
bidE:walks as pax't ofUhe IHection of The 1>>J.L.L!aing and improvem:ents by the Owner on the
above described reaI F:(l)!j>erty.
2. The City ;1i.llla:)'" at any t1me in the future notify the Ovmer, his heirs, personal
representatives, suc:ces,s:ors or assigIDls that the City in its sole discretion has determined
that it is advisable arnd }1J),ecessary to have' sidewalks installed in connection with said
described real prope1"ty;.
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 de scribed real property in accordance with Ci,y specifications and standards
as established.
4. If the Owner or his heirs, personal representativeF, 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 i.m,pose 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 regardless
of whether it is specifically mentioned in any deeds or conveyance subsequently executed,
and this agreelnent shall be binding on all parties, the heirs, llersona1 representativ~s~oo
su~essorG 01' assigns. . ~ E ~
~ o~
C'Q "0 j3 00
~ 6. All notices pursuant to this agre~n;en~. shall be furnished to the respectiv~ ~~s
~~~!e.foll~Wi~q" addre~ses, until receiPtp!itl#it~#'::~,~,s,t, ructionr: notifying the other p1" t!o ~
J:!!W ~lfferent address. ~..,~,9.-,f)...u.........1. Z .:-g
Ill: Q i ~ " CLERK CIRCUlr CO')Hi ~s~n
~ t:: c:i ~ C;:;it..~~ , Owner: Mr. & Mrs. Glifford 10 ~ ~
= 0 a: ;; (C,"', ity, Manager .. Z9 ~ 11 fH '1~ 2320 campbe,l1 Road ~ ~ ~ ,t
~ PO Box 4748 (Clearwater, Florida~~3~~
~ -Clearwater, Florida 33518 ~ ~ u ~
~ S5~~
......00
:a~.a
~~u
-1- D1-00"2- ;I:.(2()}
I
I IN Wfj'NL:SS \\, HEHEOF, the }MTties hereto have
executed the day and year LU3t above wTitten.
u. R.4130 PAGE 716
I
caused these presented to be
.
LEARW A 'I' EIl~ FLORIDA
- ,'" "., "\
G~L~ ~1~ ";". )Y~ /\
City ,Mana
By
Approved as to form correctness:
~~~
Witnesses:
~
L
~JJ{;J t;l:/~AL)
~z/J./c.Y1;~:La--u (SEAL)
A to City
/),dJi J<~
J:..'-e "Ifl,~AJ~
~';(Jo Ow~
.1
Owne:11'
My Commission Expires:
WIT1NESS my signature and official seal at Clearwater in the County of Pinellas
and State 0'1fFloJ!'ida, 'the day and year last above written. .."
Lt/~ (! J _c"'<~'~~"-':"~'~';;"~/
~,: ~".J":Ji" .-.c
Nota Pub,:ic i;' ~/.i , '.;., -
~.') ~; -{ .r ~ . ..:; ~. "-:
" . \. '/".
~', ':...->~.~ ~~, I _~ '-< '"l
"-:~"":;-'/ ""t ~ .
___ ,""tt-,: l~' ,1 ~c-_'
.
J( 10_
"
Notary Public, Slot. of Florida at La.ge
My Commission Expires Sept. 29, 1977
DOnded by Am.rican Fire & Casualty Co.
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appearedCL/J='J="dl.o L IleIS#~AN ,. GNEi.&:/J-/sH~A#
tome well known.andknown to mctobe the,indiyidual$ cl~s<:rj:bedin (ind:w'h.').exscl).ted the
foregoing agreement and acknowledged before me that they ex,;;cuted tl1.:~(~,:;i'he"fe:i<t.lj,e:,
purposes therein expressed. ....... '
..;.... ;'",
___t ..
". . , . ....
i..--, ~ '" '''; "- -::. "-:
WITNESS my hand and official seal this 23 U dayoj[ JA~~~l19_''!lfH
~-~.1-~. ."
My Commission Expires: (jN()tarrfPt!);ic
~mA\l'i PUBLIC STATE OF flORIDA AT lAiI':;F.
Ml COMMISSION EXPIRES JAN. 25, 1977
BONDED THI<U GENERAL INSURANCE UNDERWRITERS
-2-
j'