SIDEWALK AGREEMENT (53)
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AGREUIENT
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TJIJ.S AGRii:ET'11':NT, made and entered into thL; _____~_.___ clay of ALi!./CL:I:_.____._o___, 19_1L
by and bet\veen tile CITY OF CLEL'JU-JATER, FLORIDA, a municipal corporati(6fi; hereinafter referred
to "' "City"; and (!R57 J. Wr7H~'A/t;.r.,;; .,.." 1itlf:;"'~'rrtI~./_.~~N hereinafter referred
to as "O\vner"; po.'\J,q\..D Wr'17'lr:~f-?1fri'U "'" "W
~~ITNESSETH :
~mEREAS, the Owner owns
Clearwater, Pinellas Cou~ty,
the following described ::cal property situated in the City of
Florida: /t'12.,~? t~, c:7f~ /~
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and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of \-/ay, \.,hich is to have new construction on it, either for residential, commercial,
industrial or other purposes, shall have sidewalks constructed by the Owner on, across or
adjacent thereto; and
WHEREAS, the OI"ner 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 OIvner 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 side\\ralks inunediately 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;
NOH, 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 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 \vithin 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. 1bis 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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This instrument v'as prepared by:
HERBERT lVI. nf.CWN, City Attorney
City of Clearwater, P. O~ Box 4748
,Cle,arwat.er, Florida 3351~
RETURN TO:
CITY CLERK
P. O. B:=}X 4748
CLEARW A'rEH, FLA. 3351~
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;O,R, 37;2 PAGf: 469
IN hl.ITNES~ (\lEEREDF, the parties hereto have caused these presents to be executed the
day and year las t above wri tten.
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Approved as to form and correctness:
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City Attorney
Clerk
Witnesses:
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As to City
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As to wner
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this ~/.~ day of ~ . _, A.D. 197 :;--.
before me personally appeared Herrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and ~layor-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 described :Ln and who execu.ted 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 affixed thereto, and the said agreement is the act and deed of said
corporation.
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WITNESS my signature and official seal at Clearwater in the County of PinE;):Ii~s and
State of Florida, the day and year last above written. ."
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Notary.Public
My
Commission Expires:
NotcH" PU~lk. S laiC! of Flonaa at la~ge
f' r')"il".:"j,.] 1=':,,;re5 Or.t. 21, 19/4
W\y D':r';~t:~~'~':' >:" H';;:'~ .!:;.~ P. Ca~ualty Co.
STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personal~y appeared ~AL1f} ~~':;~/Nq rOA) ..,..." /(,411" Wtfffle~/I';6~
to me well known and known to 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.
WITNESS my hand and official seal this
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day of
..4r:'ft I '-
A.D. 197 ~
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NotarrPublic
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My Connnission Expires:
NOTARY PUBLIC, STATE Of n.or.m~ I\T 1J\!l~E
MY COM:,'iISS!C'! [:n~H~;~;~ n::s. 3, 1974
BONDED nmu L~W Ifl. GiE.:m:U-iiii';:lf
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