SIDEWALK AGREEMENT (50)
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AGREENr:t\T
THIS AGEEEHENT, made and entered into this rileS I clay of _ f1 JfJ-~<-tt-. , 19! L
by and between the CITY OF CLEARWATER; FLORIDA, a municipal corporation, hereinafter referred
to as "City"; and C.R4Ly' L~./. m ~tI t;JL'nJl9- Lc.e, tit.!:> Wllt::::c hereinafter referred
to as "Owner";
THTNESSETH:
WHEREAS, the Owner owns the following described real property situ~tcd in the City of
Clearwater, Pinellas County, Florida:
Lot 38, Sunset Highlands tvn'~ I
1914 Byram Drive, Clearwater Florida
and
WHEREAS, Ordinance No. .1219 of the City requires that all land that abuts a public
right of way, which is to have ne\V construction on it, either for residential, cormnercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
WHEREAS, the wner 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 in@ediately 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 Owner on the above described
real property.
2. The City may at any time in the future notify the ~vner, his heirs, personal
representatives, succeSEors 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 ~eal 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 OIvner 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 agreernent shall be binding on all parties, the heirs, personal representatives,
successorsoruassigns.
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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lElU$ CO. FLORIDA
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CLERK CIRCUIT COURT
.. 7. 3 57'H '71
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW A TER. FLA. 33E 18
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I C.R. 3738 PAGE 610
IN WITNESS \.JHEREOF, the parties hereto have caused these
day and year last above written.
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presents to~..@.:xeCt\ted
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City Attorney I
City Clerk
7 1972
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Witnesses:
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 7d day of m~_ , A. D. 197 c::2-
before me personally appeared Merrett R. Stierheim, Herbert H. Brown, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Colrnlissioner
of the City of Clearwater, a municipal corporation exi.sting under the laws of the State of
Florida, to me known to be individuals and officers described i~ and who executed the fore-
going Agreement and severally acknowledged 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 affi~:ed thereto, and ~he 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.
lI:otary -Public, -Stale of Florida attarge
My CommissiDn ExpEres Sept. 29, 1973
Bonded By American Fire & Casualty Co..
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My Commission Expires:
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STATE OF FLORIDA
- COUNTY OF~PINELLAS
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to me well known and known Oto me to be the individuals described in and who executed the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed. ~
day of l~ A.D. 197 'J.-.-
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Before me personally appeared
WITNESS my hand and official seal this
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This instrument was ,prepared by:..
HERBERT M. BROWN, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518
My Commission E~pires.: