SIDEWALK AGREEMENT (51)
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THIS AGREU':Un, .0:. ~ a ~ ,"-' ~ -'- .L -I- _ v II) ~ _ L_0
by and betvlcen the CITY OF CLEARWATER, FLORIDA, a llluni.cipal corparaLian, hereinafter referred
to as "City"; and Carl J. Newman & Eva M. Newman (His Wife) hereinafter referred
to as "O\vner";
WITNESSETH:
WHEREAS, the Owner owns the follo\ving described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lot 23, Woodmont Park Subdivision
1839 Sharondale Drive
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and
vlHEI(EAS, Ordin2.l1ce No. 1219 of the' City requires that all Lmd that abuts a public
right of way, which is to have nevi construction on it, either for residential, conunercial,
industrial or oUler purposes, shall have sidewalks constructed by the O\'1ner on, across or
adjacent the,reto; and
WHEREAS, the Ovmer is erecting certain new construction on said property and has
requested the City at this time not to require the inm.1ediate installation and construction
of sidewalks in connection there\'1ith; and
YvHEREAS, 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 sidc\valks immediately 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 premise..; and other good and valuable
consideration bet\veen 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 -,::roperty,
2. The City may at any ti.me in the future notify the Owner, his heirs, persona:,
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 \'1ith said
described real property.
3. The Ov,'ller 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 fiaid 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 \'1ithin 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
of whether it is specifically mentioned in any deeds or
and this agreeme~t shall be binding on all parties, the
succ:es--:soi'so"r nas signs.
running with the land regardless
conveyance subsequently executed,
heirs, personal representatives,
6. All notices pursuant to this agreement shall be furnished to the respective parties
at tte following addresses. until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Hen:ett R. Stierheim
City Hanager
P.O. Box 47/+8
Clearwater, Florida 33518
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"NELLAS co, 'LORIOA
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Owner:
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Mr. Carl J. Newman
1043 Charles St.
Clearwater, Fla.
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CIty cl ClcUl w;~L:., .~'. O. Box 47L18'
Cleanvater, Floriqa 33518
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RETURN TO:
CITY CLERK
P.O. BOX 4748
CLEARW A TER, FLA. 33518
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O. R. 4030 PACE
42
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IN ~~ITKESS ~i}-il:::REOF ~ the. parties hereto ha've C{::U~:>2j ::.bese presents to be excc':_itcd tbe
day and year last above written.
.
City Clerk
City Attorney
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O\vner
STATE OF FLORIDA )
COu~TY OF PINELLAS )
I HEREBY CERTIFY, that on this /~ day of ~ ~ ' A. D. 197.3
before me personally appeared Merrett R. Stierheim, Herbert M. Bro n, R. G. ~~itehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Cormnissioner
of the City of Cleanvater, a municipal corporation existing under the laws of the State of
Florida, to me kno\vn to be indiviclu8.1s and officers described in 2nd Hho 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 affixed thereto, and the said agreement is the act and deed of said
corporation.
HITNESS 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:
Notary Public, State of Florida ilt large
My Commission Expires Sept. 29, 197s
Bon,ded By American fire & Casualty Co.
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STATE OF FLORIDA.. )
"TOUNTYOF PTNELLAS -- -~--}
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Before me personal~y appeared CJ9~{. ~ ,#eW,A?/p~ f4'y,c; /fa M-~~# (AlstOFe)
to me well knO\vn and knovltl to me to be the ~nd~vHJuals descr~becl In aod \vho executed the
foregoing agreement and Dcknovledged before me that Uk)" cXd:utcd the same for tlJ,,~."i,J'T:rrpO'S,E'S
therein expressed. ....... :..- .::. ".
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HITNESS my hand and official seal this
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day of
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NOTAl(y PUBliC STATE
My COMMISSION OF FLORIDA AT [ARC
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. . GENl:RAl INSURAN' , 977
CE UNDERWRITERS