SIDEWALK AGREEMENT (14)
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G. R. 4b69 PAGE
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THIS, AGREEHENT, made and entered into this 10 day of 11- V ! , 19 73_
and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, here if after referred
as "City"; and hereinafter referred
as "CAViler"; Ct. '41 0 .. d. ~. + ~ I It. I E:,l./.., oS hht ~ IV (~w.e)
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WITNESSETH:
AGREENENT
WHEREAS, the Owner ol;,ns
Clearwater, Pine1las County,
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the following described
Florida: ~iJ T ;I. 7
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1.7'"'-K 77
real property situated in the City of
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and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of Ivay, Hhich is to have new construction on it, either for residential, cOlTh"Tlercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
llliEREAS, 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 sidelvalks 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 sidcHalks irrnnediately 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 valuabll?
consideration betvleen 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 OIvner on the above described
real property.
2. The City may at any time in the future n0tify the OI-mer, his heirs, persoIial
representatives, successcrs 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 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 Hithin ninety (90) days from the notification by the City,
then the City may have the sideHalks 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
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P1NEi..LA S C (; f, ,~,tll:'4
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CLERK CIRCUIT COURT
Owner:
Clifford L. Heishman
2320 Campb~ll Road
Clearwater, Fla. 33515
11I22 3 Oit tH '73
ThIs Iniitrnn;r:llt 'va:; prepared by:
HERBEET ,~r, l;:~O\'/N, City Attorney
City of Cle;, watrr, P. 0, Box 4748
Clearwater, Florida 3351B
RETURN TO:
CITY CLERK
P. O. BOX 4748'
CLEARWATER, FLA. 3351g
cn-o-o2-G'()VO;
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D. R.4069 PAGE 921
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IN WITNESS ~~IEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
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ity At tor ey
Witnesses:
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this l' day of ~ , A. D. 197 :3
before me personally appeared~LLt::LL R. 8Uer.he1rn-; Herbert M. Brown, R. G. Whitehead and
H. Everett Hougen, respectivelyYCity Manager, City Attorney, City Clerk and Mayor-Conm1issioner
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 acknovlledged 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.
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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No j;;-ary:.. ' Pi.l:bl ~c"',
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My Commission Expires:
Notarv Public. State of Florida d la~r-e
Mv Commissioi1 bjl:rc; Sept. 29. 19/3
I.Qnd!Q D_y. Amerj_c.an fill; _& Ca~uail)' Co~
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeare
to me well known and known 'to me to De
foregoing agreement and acknowledged b
therein expressed.
individuals described
fore me that they
and who ~xecut.ed the
sam~ltn:"the purposes
WITNESS my hand and official seal this
1t171
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day of
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A.D. 197.3
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Notary Publi
Mv Connnission Expires;
Nof"ary Public, State of Flonda at Large.
My Commission Expires Oct. 30, 1973
i Bonded by Transamerica Insurance Co.
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