SIDEWALK AGREEMENT (52)
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ACRE f::JviENT
T1IlS AGREF:HENT, m'lde and entered into this 25th clay of . January , 19 72,
and betvleon the Crri' OF CLEARh1ATER, FLORIDA, a mur~i~ij;a1 corporatTor;:-h-e~;'ir~af~ter r~fened
to as "ei ty": And _gas~ J. Wetherington & Minnie Wetherington (His Wife) hereinafter referred
to as "Owner"; & Donald We~therington & Kathleen Wetherington (His Wife)
WITNESSETH:
WIlEREAS, the O\-,7ner owns the following described real property situated in the City of
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WI-lEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of \-lay, \<,7l1ich is to have lleH construction on it, either for residential, commercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
and
WHEREAS, 'the Oi.mer is erecting certain new construction on said property and has
requested the City at this time not to require the innnediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the 0'.vner 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
Ovmer Hill, upon notificat ion by the City, have sidewalks irnmediately 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 bet\.;reen the parties, receipt of which is hereby acknowledged, the parties here to
covenant and agree as follo\'1s:
1. The City will not at this time require the installation and construction of side\'1alks
as part of the erection of the building and improvements by the Owner 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 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 \vith 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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CLElk C.,.CUIT COUl'
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Owner:
Donald & Kathleen Wetherington
1707 PrincePhillip St.
Clearwater, Flo:ci'Cla
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IN WlTT'iESS I-,'HEREOf, the parties hereto have causecT tllcsepresents to be executed the
day and year las t above \vri tten.
CITY
By
~~:::rcct~ss:
i ty At torney .
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1-Jitnesses:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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day of p~ ' A.D, 197~
before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and
H, Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner
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 ch~scribed in and who executed the fore-
going Agreement and severally acknowledged the execution tl,ei.'eof 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.
I HEREBY CERTIFY, that on this
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WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
My Commission Expires:
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Notary Public, State of Florida at Large
;,1y lommlSSlon Exp;.es Sept. 29, 1973
Bonded By Amer;'un Fire & Casualty Co~
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STATE OF FLORIDA )
COUNTY OF PINELI.AS _d_ - r
Before me personally appeared Casey J. Wetherin tona Minnie Wetherington Qpnald
to me well known and known to me to be the individuals described in and who executed tie
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
0\ S-' day of .~.
A.D. 197?-.
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My Commission Expires:
NOT!{~Y flU::!UC ~7:-T::, or- rWm!)A AT nV~GE'
MY C;O~J1r~fj~S:~~(Jf~2 ~;{PE.'tr::s rEEL 18 1:j75 -
C:i!'/I;i;.:mL Ii"';:'u,itllll.:t. uhul:.RWRITii4S, INC.
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