SIDEWALK AGREEMENT (54)
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ACRE El'lENT
THIS AGREEI1ENT, made and entered into this 14th day of February , 19 . 72 ,
by and between the CITY OF CLEARWATER; FLORIDA, a municipal corporation, hereinafter referr-;;:r.'--
to as "City"; and Clifford L. Heishman & Ethel E. Heishman (His Wife) hereinafter referred
to as "Owner";
WITNESSETH:
WHEREAS, the wner Owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
::-: Lot 61, Unit 3, Sunset Highlands Subdivision
1931 Barbara Avenue, Clearwater F.lorida
and
WHEREAS, Ordinance No. .1219 of the City requires that all land that abuts a public
right of \Vay, ~,1hich is to have ne\v construction on it, either for residential, commercial,
industrial or other purposes, shall have sidewalks constructed by the o~vner on, across or
adjacent thereto; and
WHEREAS, the wner is erecting certain new construction on said property and has
requested the Ci.ty at this lime not to require the il1nnediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the ~wner has agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such sidewalks installed, that the
Owner will, upon notification by the City, have sidewalks ilmnediately installed at his
expense, and if he should fail to do so then the City may have said installetion made and impose
a lien against the described real property for the cost hereof;
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 side\valks
as part of the erection of the building and improvements by the O\vner 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 necessary to have sidewalks installed in connection with said
described ~eal property.
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 installed
for said described real property in accordance with City specifications and standards as
established.
4. If the OIvner 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. lbis agreement is to be regarded as a covenant
of whether it is specifically mentioned in any deeds or.
and this agreement shall be binding on all parties, the
successors or ~ssigns.
running with the land regardless
conveyance subsequently executed,
heirs, personal representatives,
- - --
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:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
RECORDEO
""ELUS CO. FLORIDA
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CLERK CIRCUIT COURT
OIvner:
1M 7 3 57 'M'7Z
Mr. & Mrs. Clifford Heishman
1819 Princeton Drive
Clearwater, Fla.
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW A TER, FLA. 33518
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I O.R. 3738 PAGE 612
IN HITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
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City Attorney
City Clerk 'MAA~:.9J~1Z
Witnesses:
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wner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this ~ day of ~~ ,A.D. 1972..-
before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and '
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner
of the City of Clearwater, a urnnicipal 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 thereof to be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said ~unicipal
corporation is duly affixed thereto, and ~he said agreement is the act and deed of s&id
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.
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My Commission Expires:
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~!otMV"Pub,i~1t;~f Florida ct large
o.y C::J::1., :~5ion E:.'1:m Sept. i'i, l'JH
Bonded By American Fire &. C.w.;..i:y C:...
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STA'rEuQfFLQRIDA
COUNTY OF PINELLAS
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Before me per sonally appeared / t r::A..-.'r.[A"(~,:,~, .a.'-<-4-L --1..z:...t...c--t:1..
to me well known and known 0 to me to be th"e" ndividuals described in and who executed the
foregoing agreement and acknowledged bep6 e me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
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fA /_.. day of
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My
N~liss~on Expires:
, 0 ary PubliC,. SI:ate of Florida at Large
My Commission Expires Oct. 30, 1973
Bonded by Transamerica insurance Co.
This instrumrnt vn1.S prepared by:
EL.~::~ .... ~'.o l.,.'~l' ~:, C."] A,torney
City of Clearwater, l~o O. Box 4748
Clearwater, Flonda 33518