SIDEWALK AGREEMENT (37)
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O. R.4069 PAGE 924
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AGREENENT
THIS AGREE~IENT, made and entered into this I [) day of 19 ) 3
by and between the CIIT OF CLEARWATER, FLORIDA, a municipal corporation, here' after referred
to as "City"; and here nafter referred
to as "Owner"; c..', ~ f! O'y d . \,., ..-+ e. rt.. eo / .. e. He I ~ J..,.ftot a IV (wifc:2 _
:l. ~ .2. 0 C. a M"P "B ell n del Lv 'Y t= I. .3 ~. J I~
WITNESSETH:
WHEREAS, the Owner Owns the follojing described real propertr
Clearwater, Pinellas County, Florida: " d + ~ . b WoO cI
I f G :L 13. ~ Ii"."." e Cl J. 1'....
elk) 'r F 1'4
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and
situated in the City of
M, IV + 'Paylr
WHEREAS, Ordinance No. -1219 of the City requires that all land that abuts a public
right of way, which is to have ne~.! 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 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 should 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 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 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 i,L its sole discretion has determined
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 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 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
RETURN TO:
CITY CLERK
P 0 BOX 4748
. '. . 33~ 18
CLEARW A TER. FLA., v
(J SiFC:'~'r;;:
4H.~~L~rn.:~:: '
CLEftK CIRCU/f COURl'
-ZZ 3 014 fH '73
Owner:
Clifford L. Heishman
2320 Campbell Road
Clearwater, LFla. 33515
This instrument was prepared by:'
HEr:Jj;;:' '1"', m~OWN, City Attorney
City c. (.nwater, P. 0, Box 4748
Clearwater, Florida 33518
07-D03'" [;1 (to)
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o. R.4069 PAGE 925
IN WITNESS w~EREOF, the parties heretO' have caused these presents to' be executed the
day and year last abave written.
CITY OF
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By
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Maya
Atte~ ..
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.. -- City Clerk, . ...
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City Attarney
Witnesses:
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As to Cit ~
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A to' Owner . ~):1. B. W~
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Owner
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this J' day af ~ ' A.D. 197 ~
befare me personally appeared~n,ett R. ~l;iEl L<.o':'Ul,' Herbert l'1. ,Bro\vn, R. G. Whitehead and
H. Everett Hougen, respectively)<b. ty Hanager, City At torney, City Clerk and Mayor-Commissioner
af the City of Clearwater, a municipal corporatian existing under the laws af the State af
Flarida, to me known to' be individuals and afficers described i.n and whO' executed the fare-
gaing Agreement and severally acknawledged the executian thereaf to' be their free act and
deed as such afficers thereuntO' duly autharized; and t~at the afficial seal af said municipal
carparatian is duly affixed theretO', and the said agreement is the act and deed af said
carparatian.
WITNESS my signature and afficial seal at Clearwater in the Caunty af Pinel~as and
State of Florida, the day and year last above written.
My Cammissian Expires:
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Na?ary/p~bH,~ . '. ":
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Ulotary Public, State of Florida at large
,Iy Comm!s;:cr; ~,;;.o.r:s ~e(Jt. 1'-), 1973
Bonded fiy Americi3n Fire & Casualty Co,!.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Befare me persanally appeare
to me well known and kna,vu'ta me to' be
faregaing agreement and acknawledged b
therein expressed.
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described in and whO' executed the
the same far the purpases
WITNESS my hand andafficial seal this
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day af
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A.D. 1973
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Notary
~~ Connnissian Expires:
tary Public. State of Florida ;'J L:'1rp:e
My Commiss;sn Expims Ocl. 20, 19T3
Bo~ed by Trallsi:1mcr~ InsurwiC,; Co.