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SIDEWALK AGREEMENT (35) e e I , ;' o \ ?" ,,;1 '?J ~>>. /1 a. R. ~069 PAGE 922 IT v L-, 19-1:L. hereinafuer referred hereinafter referred f r 7311.58tl AGRE EME:IT by to to THIS AGREEMENT, made and entered into this I D day of and between the CITY OF CLEARWATER, FLORIDA, a municipal corpordtion,. as "City"; and as "Owner"; c.. II ~~ IJ yo.t l..4. + e I h ~ , \HTNESSETH: ~ ~ ~() C a ~ 'P b (I! II E:., H e. IS tt AI\.. 'fi!1 ~ (wJie) "Rd. ~/w r ~).rl.~ WHEREAS, the Owner owns the following described Clearwater, Pinellas County, Florida: to. D T '-" 14 if U fVIU/V .s-r Cl\.Or pJ~ real property situated in the City of S (.J tv S e."" R I J de LlNIt- #- I and WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public right of way, which is to have nel\T construction on it, either for residential, commercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and ~\T[mREAS, the Owner is erecting certain nelV construction on said property and has requested the City at this time not to require the immediate installation 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 necessary to have such side,.alks installed, . that the Owner will, upon notification by the City, have sidewalks immediately installed at his expense, and if he sbould fail to do so then the City may have said installation made and impose a lien against the described real property for the cost hereof; NOW, TIIEREFORE, in consideration of the foregoing premie~s and other good and valuable consideration bet,.Teen the parties,' receipt of which is hereby acknowledged, the parties hereto covenant and agree as follows: 1. The City ,\Till not at this time require the installation and construction of sidewalks as part of the erection of the building and improvements by the OIvner 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 det(,rmined 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 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 witain ninety (90) days from the notification by the City, then the City may have the sidewalks installed and assess anJ impose' a lien against the described real property for the cUst of the work. "" 5. This agreerr..ent 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 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 addressesy 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 "!:C~:H[;Eci PINELLA3 CG r~,O"IOA ~ .. 1.. t('~J....... , CLERK CIRCUlf COURT Owner: Clifford L. Heishman 2320 Campbell Road Clearwatef, Fla. 33515 .. ZZ 3 O'ffH '13 This irQb"ln1^ t JT. . "'.' . L ,;11.. Was prepal'ed b - EJ)I)n, ." - . , Y' , ) -- \ )j~.".l. 1'.[ ]:,' " () .\FN (". . .. -..., ,,~J ._ l (~it" - n ('1. .' ,~jty A;tr' ,~v - " " ,cnn\'atcr, P. 0, Box 4 (, J("'j''''',' . F)' ~ '.", <. '>',.,er, 1 on(-I'" C).' ':>1'::18 . o(l. ~)da RETURN TO,- CITY CLERK P. O. BOX 4748 CLEARWATE:R, FLA, 33518 O~i'OOJ-'\lL8\ ---,---- --------------, n___ - -------V ~, ... l<o. :.- ... . e D. R. 4069 PAGE 923 IN WITNESS WHEREOF, the parties hereto have caused these presents to be execut~~ the day and year last above written. //'/ CITY IDA '" By ~~~: City Attorney City Clerk Witnesses; ~~ . 80/ -- ~~ 5rk1gfL~ Owner STATE OF FLORIDA COUNTY OF PINELLAS Ie ;3. $. W~ ~ 'f~ I HEREBY CERTIFY, that on this It, day of ~ ' A. D. 197:3 _ before me personally appeared ~ueLL K. ~L1t::.LL~i"", Herbert M. Brown, R. G. Whitehead and ' H. Everett Hougen, respectivelyXCity Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be individuals and officers described in and who executed the fore- going Agreement and severally acknowledged the execution ttereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said agreement is the act and deed of said' corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last' above written. 7d~. .,...:....C'.."~. .~>.:.:..:'.;..'.,... ' ~ .'c~,..... _~--~~~ __ ^' .' c'., " ~-- J -; , :"',;.1 ;...----=-=-, -,,; N<ftai}y'Public :ji My Commission Expires: .' ....:.. '-,~:- --," ;.::.. - -~ -"" Notary Public, Stat~ 0' Florida at lllr~~ Mv Com~:;;sslOn b;::~rGs ~cpt, 29, 191) Bonded By Amerjc;an fire & Casually Co. ',;. \.- ;~~" ~- <-, v STATE OF FLORIDA ) COUNTY OF PINELLAS ) Before me personally appeare~ to me well known and known 'to me to be foregoing agreement and acknowledged be therein expressed. who executed the the same f~rthe purposes '" WITNESS my hand and official seal this d /tJ ,/7 ~ day of. '~-f:-~A. D. 197 l) . '-1 .c,. _ - " , " ~~ie."P$# Notm:y PUbr My Commission Expires: r'f!5tary Public, State of Florida at Lc:r~~ My Commi';sion Expires Oct. 20, 197,; Bonded by Transamerica Insurance Co..