SIDEWALK AGREEMENT (15)
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AGREE ~,lEj'n'
TIlLS i\GREElvIENT, Inade and entered into this _ 2nd day of -NQY..emhf:r ..'
19 73 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and Clifford L. Heishman & Ethel E. Heishman (His Wife)
hereinafter referred to as "Owner";
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WHEREAS, the Owner owns the following described real property situated ~t~ :;;~
City of Clearwater, Pi.'<1ellas County, Florida, to wit: ... ~'rp~
Lot 5, Block E, Eastwood Terr. tf2 Subdivision ... -l .......
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135 Baywood Ave., Clearwater Florida _ 0 <.-:'
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WHEREAS, Sedion 7-6 of the Code of Ordinances of the City requires that ~lland
that abuts a public right-of-way, which is to have new construction on it, either for resi-
dential, commercial, industrial or other purposes, shall have sidewalks constructed by
the owner on, 2.cross or adjacent thereto; and
WITNESSETH:
and
WHERE~AS, tb-:' O;W1l1er is erecting certain 1,ew construction on said property and has
requested the City at this> tim,e not to require the immediate installation and co nstruction
of sidewaThs im o::onnedj,iio~11l therewith; and
W'HE1!DE~S, tlTh~; ((2)~meribtas agreed that if in the future the City, in its sole discretion,
determines thiiili: it is m1br:bsillM,e and necessary to have such sidewalks installed, that the
Owner wi!Lil, 'llIilXllTI noti:[i;~::''at:ilo>n by the City, have sidewalks imrnediately installed at his ex-
pense, a,nill. if TIne shouIlnt ,d"ailiI t.o do so then the City may have said installation m,ade and impose
a lien agaii:!ffi:s:.1t.ltfue desxctd:ibed -re:al property for the cost hereof;
NOW, ,],:E-IEREFORE,~ Ll consideration of the foregoing premises and other good and
valuablecollls:iJcdleratiom 1JceftJ<i'een the parties. receipt of which is hereby acknowledged, the
parties hereL@;t:(j))ve:\'1l.anit am;ll!:iJ a;g:;ree as: follows:
1. 'TJbj~~fCity ~1)Jli1 ~ot at this time require the installation and construction of
sidewalks .as,jjli3.:nt of ,'iL)::t~ ;f~1rte~ctiQn of the building and improvem'ents by the Owner on the
above deseTibed :real ipuwperty.
2. 'The' City :r;(tay at any time in the future ne-tify the Owner, his heirs, personal
representatives, success'oJrS or assigns that the City in its so1:e discretion has determined
that it is advisahle and! ::aecessa:ry to have sidewalks installed in connection with said
described real property.
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3. The Owner or his heirs, personal representatives, successors or assigns shall
at his expense within ninety (90) days from the notification by ihe City have sidewalks in-
stalled for said described real property in accordance with City specifications and standards
as established.
4. If the Owner or his heirs. personal representative;:;, successors or assigns shall
fail to have sid~walks installed for the described real properL:;l 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 convey;::nce 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 fu:rnished to the respective parties
at the following addresses, until receipt of written instruction,': notifying the other party
of a Sfierent address:
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This il'!;t"':r:; :c ': ')', :)r('~).l\ed by:
City: HERBEHT ;,:, ~;L!)\-'_:, C;L;y ALtorney
City Manager City of Clcanvatcl", P. O. Box 4748
PO Box 4748 Qleanvater, Florida 33518
Clearwater, Florida 33518
Ownel. :
Clifford Heishman
2320 Campbell Rd.
Clearwater, Fla.
33515
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... IN WITNESS \V l~IERt()F, the parties hereto have
executed the clay a1H1 year last above written.
I ,V.R. 4104 PAGE 278
caused these presented to be
CITY OF CLEARWATER,' FLORIDA
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City Ma a
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By
Attest:
City Clerk
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i. z/h ~ xttJAA1L~(f3EAL)
,
Owner
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this /s:d.. day of ~ , 19 7.2 ,
before me personally appeared '1"~8.}~ ~ ~.~ I R...-S.. ~~ ,_
and !-I, 9~ /~fh-.- , respectivelY. -&y'Manager, City Attorney; City Clerk -
and Mayor-Commiss~oner of the City of Clearwater, a municipal corporation existing under
the laws of the State of Florida, to me knov;'11. to be the individ,-Fl-ls and officers described in
and who executed the foregoing Agreement and severally acknov/ledged the execution thereoF
to be their free act and deed as such officers thereunto duly authorized; and that the official
seal of said IXmnicipal cvrporation is duly affixed thereto, and Lhe said Agreement is the
act and deed of said corporation.
WITNESS my signature and official
and State of Florida, the day and year last
seal a:t Clearwater 5nthe County of Pinellas
above written'. ,,~.,.,.:\,::,"';.q>-; ,
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My Cbmmission Expires:
NotarY Pub lie, State of Florida at la'g.
My Commission Expi,e, ~opt. 29, 1977
Bonrlprl hy A'll~rk"R fir& &. CiliWlllti ,..
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appeared C'~/FI='()~L) L &/s!,H/lAllhH'EL. E h~,,9A/
to me well known and known to me to be the individuals descri'jcd in and who ~4Gc,1.1ted the
foregoing agreement and acknowledged before me that they eXEcuted the S?-Yd~'f,~'r.t.~~:" '
th' d ." .-_.... "-:';) \/.. ,
purposes ere1n expresse . ,,' ~,.;,.\ 'oo.;;;/-.. ~" .:
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day of _MI/e'~4~:r ca~i".
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WITNESS my hand and official seal this ,;l ~
My Commis sion Expires:
NOTA~) PUBLIC STATE 0
M) COMMISSION EXP F FLORIDA AT LARGE
80NDED rHkU 3ENcRAI I~~~,~;AN. 25, 1977
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