SIDEWALK AGREEMENT (16)
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73161077
AGREE~\lENT
TITlS AGREE1\JENT, made and entered into this 2nd day of ~_vember
19 73 by and between the CITY OF CLEAR WA TER, FLORIDA, a m,unicipa1 corporation,
hereinafier referred to as "City"; andClifford L. Heishman & Ethel E. Heishman, (His Wife)
herdn~fter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida, to wit:
Lot 6, Block E, Eastwood Terrace Second Addition
ll7nBaywood Ave., Clearwater Florida
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WHEREAS, SGction 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is to have new constrllction on it, either for resi-
dential, commercial, industrial or other purposes, shall have sidewalks constructed py
the owner on, across 01' adjacent thereto; and
and
WHEREAS, tlh:,;:: Ovm.er is erecting certain l!ew construction on said property and has
requested the City at t1h:i.s time not to require the immediate installation and co nstruction
of sidewalks in COJOllIf;lE:cti,OJl][ therewith; and
WHEREft.;,;S..xihue Owner has agreed that if in the future the City, in its sole discretion,
determines thai! :itt: ii,s ad'llisable and necessary to have such sidewalks installed, that the
Owner will, UPOWi :lllr.cxtiffJk'ation by the City, have sidewalks immediately installed at his ex..
pense, and if h\~ ;sh;Q~cdiifail to do so then the City may have s'aid installation made and impose
a lien against Uhe' des;er1ihedreal property for the cost hereof;
NOW, TFBE1R:El'''ORE, Ll consideration of the foregoing premises and other good and
valuable considje~:r.3.iti'Dl!!lbetween the parties, receipt of which is hereby acknowledged, the
partie s he reto (~fGrV'e:Il!al1lit and agree as follows:
1. The (Ci1y vvfiU not at this time require the installatiDn and construction of
sidewalks as paGrt ol[ fih,e '~J'ection of the building and improvements by the Owner on the
above describe(Q :'l'ea] ]p)11"operty.
2. The <City may at any time in the future notify the O\'mer, his heirs, personal
representativeS',. ,<;:uccessors or assigns that the City in its sole discretion has determined
that it is advisa:hle and necessary to have sidewalks installed un connection with said
described real l!l:lroperty.
,
3. The iDIw-ner or his heirs, personal representatives" successors or assigns shall
at his expense w]thin ninety (90) days from the notification by the City have sidewalks in-
stalled for said described real property in accordance with Ci;;y specifications and standards
as established.
4. If the Owner or his heirs, personal representatives, successors or assigns shall
fail to have sid~walks 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 Inay have the sidewalks installed and assess and ilnpose a lien against the
described real property for the cost of the work.
5. This agreelnent is to be regarded as a covenant running with the land regardles s
of whether it is specifically mentioned in any deeds or conveya,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 fur,1dshed to the respective parties
at the following addresses, until receipt of written instructions notifying the other party
of a different address:
City: "Ml"m~~~te"\P~
City Manager ~~
P(.)J Box 4 748 ~.. C'~CU\l 'OU'"
This instru~~~~~~~t~l~e'p~~;~rbi;l:a 3351'-" 311M'11
HERBERT M. BnOV/N, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518
Owne(! :
Clifford L. Heishman
2320 Campbell Rd.
Clearwater, Fla. 33515
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RETURN TO: \., "...",
CITY CLERK 01 -Ot(-(J)
P. O. BOX 4748___
CLEARWATER, FLA. 3;~EI~
....
I a. R.4104 PAGE 282
have canscd these presented to be
IN ,VTJNESS VllIErt::OF, the parties hereto
excc1.!Led the dc~Y and year 1~u3t above written.
By
Attest: 7-4 d ',',,' ,.,'"",'
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, City Clerk ' "
Witnesses:
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Owner
STATE OF FLORIDA
COUNTY OF l?INELLAS
lEER'JE;BY CERTIFY, that on this IS'" day of ~ , 19 7...1 ,
before mJ.e; lPx~:'1':sonally appeared ~~ 13. ~~~~' ~ Je,ff..'~J-.
and )j~ ~ ~~ , respectively Cit inager, City Attornef, C y Clerk
and Mayor-CollL:1"1Jmissioiie:r of the City of Clearwater, a munici:..al corporation existing under
the laws cd t:!1:i~~ State 01 Florida, to me known to be the indivichials and officers described in
and who executed the foregoing Agreement and severally ar:kncl\vledged the execution thereof
to be their free act and deed as such officers thereunto duly a,)thorized; 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.
~fa"Y Pu~"c: State of Flllrlda at large
Y ContmfsSlon EXLlll'cS Sept ?Q '9'7.:1
Bonded by American Fire & Casu~lty Co.
WITNESS my signature and official seal at Clearwater in the County of Pinellas
and State of Florida, the day and year last above written. ~'" ,v'~,'I.;"~;".,",:li;",:"""
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My Cornm,ission Expires~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Before me personally appeared~/rP''''.e.o,t. k/S///l1/1il ~ErHEL c: ~/S#,A?AA/
to me well known and known to me to be the individuals descrioeCl in and who executed the
foregoing agreement and acknowledged before me that they executed the saITl0:';4~ti;t1iWI;','
purposes therein expres sed. \.~." ,::~,-:- ~'~~;;~;.,.,
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WITNESS my hand and official seal this :/, #0 day of LJi,V~M~~ ,..:.~, v19.'~~jt.l.
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My Commission Expires: ota "1'1 v.._,. - \'
NOIAK~ PUBLIC STATE OF FLORIDA AT LARGE '../j..,I"I\I,'
M) COMMISSION EXPIRES JAN. 25, 19n
~ONDED THkU GEN~RAL INSU~ANCE ilND[RWIlITER5
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