SIDEWALK AGREEMENT (36)
" ~." -R. 4069 PAGE
~ e e 916
~
7311.5808 Q~.I'1 /\~
o flO AGREE}!ENT i....,D ·
THIS AGREENENT, :nade and ent:ered into this I () day of , 19 ~
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, iter referred
to as "City"; and after referred
to as "Owner"; c... II .p{:! 0 'V ~ \.4"\4 e. I ~ a, M;a Iv ..J.. S I he! , a (wife)
~ ~ ~" c a. M. ? .b ~ II ~ J c.. I w y F la 11 C" 1"'-
WITNESSETH:
WHEREAS, the ~vner owns the following described
Clearwater, Pinellas County, Florida: 1. 0 + :L 'l
J ~'- 3 S ^' ~ "" tv it Iv' J ;I Ie t:>"
Clw\,o- FJ~
real property situated in the City of
w" () J M (J,1V+ ,'r~.. I,
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, commercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
WHEREAS, the ~vner is erecting certain new 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 sidewalks 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, THEREFORE, in consideration of the foregoing premisp.s 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 ~.mer 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 dete'(mined
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 ~vner 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 notifi~ation by the City,
then the City may have the sidewalks installed and assess anu impose a lien against the
described real property for the CDst of the work.
5. This agree~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 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
lio;""I'Lr. -
II'INEI.lA:rCG ~i,,'~I:\4
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OLE~K CIRCl!1r COURr
Owner: Clifford L. Heishman
2320 Campbell Road
Clearwater, Fla. 33515
.. ZZ 3 Oit rH '7J
RETURN TO:
CITY CLERK
P. O. BOX 4748 ,
CLEAHiv, 'f'PT~. FLA, ~:)~1)(
This instrument W[t3 prepared by:
HETIBEiC:'I' =:. In:c',vn, C,ty Attorney
City of' c: :1iTlTatcr, P. 0, Box 4748
Cleunvder, FIOl'ida 3~j18
O?-003~DC(1)
~
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D. R.4069 PAGE 917
IN WITNESS WHEREOF, ~he parties hereto have caused these presents to be executed the
day and year last above written.
\
/'
CITY
"1l
By
Approved as to form and rrectness:
~~~
Witnesses:
-1\ ~AL~ cL QtA D- ~ ~/
A~V~
) .
) ()Jjj {;, 8. kJelln e ('
I HEREBY CERTIFY, that~n tfiis /~ !day of ~ , A.D. 1973 ,
before me personally appeared eLL lL '~lcrhe..i>>( Herbert M. ~Whitehead and '
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Comnissioner
of the City of Cleanvater, 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 thereof 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.
STATE OF FLORIDA
COUNTY OF PINELLAS
WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last' above written.
1~y-~~
..... -~..... /_-----~--' ~,~
My Commission Expires:
- ,/
Notary Public, State of Florida ?t taTge
'My Commission ExpiiCS Scr;l. H, 13lJ
~_onded By American Fire & C35uahy (0.
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- .
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STATE OF FLORIDA )
COUNTY OFPINELLAS )
Before me personally appeared
to me
foregoing agreement
therein expressed.
ndividuals described
e me that they executed
WITNESS my hand and official seal this
/cr
ql
day of __......~~.~........~_A.D. 1972
.......,.4."
" 1,
5fUil. - i~.--. .~i;~...:...r
-,Not,ary PubU:c- ,'.
-- , '
My~i?s~on Expires:
1M ryPublic, State f F1 .
1J3., YCommission Ex ~ onda at Larga
onqeclbv. Tr~ns pIres Oct. 30 1973
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