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SIDEWALK AGREEMENT (34) ~.!!} ". 74081338 ~..,,~"'~ I AGREE~rENT I D. R.4182 PAGE1512 TlJJS l\GREEhlENT, made and entered into this /8 day of A",: I , 19 '/1 by (lnd bctwcl'n the CI.TY OF CLEARWATER, FLORIDA, a municipal corporation, hereina{ner referred to as "CHy'l; and (! ha.,./es U. 13 ;"e."",~er -./-- S vlVl '1- --H. hereina.t~cr referred to as ~"Ovmcr"; B. J. I 'L V- d n, mer A( S W t \ e..- I WITNESSETH: WHEREAS, the Ovner owns the following described real property situated in the City of Clearwater, P;Jli'rcl1as County, Florida, to wit: 1.. 0 f .2 'i Wo~uj"..".. I A, * Fs 1e./~ r . Gt S Recorded,'.. pJ<. I kODK Y', f'~Je 3? dl -lie Putt/co ,.~ CD'.!$' .1 and p,',.c Jleor C'ou..ly Fl., I?SSI3~lle_.i:~ WHEREAS, Section 7-6 of the Code of Ordinances of the City re~uires tfi~f"~11"(crnCl":::4 that abuts a public right-of-way, wl1ich is to have new construction on it, either for resi- dential, comn~ercial, industrial or other purposes, shall have sidewalks constructed by the owner. on, across or adjacent thereto; and WHEREAS" -;fuc Owner is er:oe:cting certain new' construction on said property and has re~pested the City ~.i3t ,this time not it:D require the irrullediate installation and co nstruction of nidewalks in c'm.:mection therewiitlb; and WHEREAS" the Owner ha'ii' :agreed that if in the future the City, in its sole discretion, determines that fif IS advisable aJ:ld I'lecessary to have such sidewalks installed, that the Owner will, upon notification by tm:e City, have sidewalks inlmediately installed at his ex- pense, and if he should fail to del ;~o then the City may have said installation made and impos. a lien against the described rear property for the cost hereof; NOW, THEREFORE, ir: cnrnsideration of the foregoing premises and other good and valuable consideration between tlh<e parties, receipt of which is hereby acknowledged, the parties hereto covenant and agrc:~ as follows: 1. The City will not at tJhiJ!; time require the installation and construction of sid:ewalks as part of the erection' aI the building and improvements by the Owner on the above described re,al property. 2. The Ci'tTmay at any t:a:rrfe in the future notify the Owner, his heirs, personal representatives, SUl:cessors or 23.s:igns that the City in its sole discretion has determined that it is advisabl~ and necessar~,~ to) have sidewalks installed in connection with said described real propf:::rty. , 3. The Owner or his hei:~s" personal representatives, successors or assigns 5112.11 at hi:i expense within ninety (90) days from the notification by the City have side,valks in- stalled for said described real property in accordance with City specifications and standa:-cs as es~)ablished. 4. If the Owner or his heirs, personal representative~, successors or assigns sh2.ll fail to have sid~walks installed for the described real properrj in accordance with City speciD,cations and standards within ninety (90) days from the rotification by the City, then tbe City may have the sidewalks installed and assess and impose a lien against the described real property for the C\!lst of the work. 5. This agreenlCnt is to be regarded as a covenant rUTcning with the land regardless of whether it is specifi,cally mention~d in any deeds or convcyance subsequently executed, and this agrecnlcnt shall be binding on all parties, the heirs, personal representatives, successors or assigns. City, : City'Manager ~d'PO Box 4748 ~~ Clca:nvater, Florida ~ ~ 6. All notices pur;')uant to this agr~ment shall be funished to the respective parties at the following addresses, until receint.~~qt'" J;ten instruction:;; notifying the other party ~~'I. ~' of a diffLCTent address: .;:~~~' t;::i"\.~ .~ ~ ,< t, ..::..' , "T '.,;$-' l~ 't~~N ~~r..;, ~ ~ n..~ /(,-$ .~ #~ 33518 Owne:': {!~~,jcr t.J. 8,~"..,_e.~ 2. ~37 Gvlr T. f3...y (! Ie""....,,, It', ) Fl.. .?J61.-6 ) iQ'7-0D3--. 6. ~ . 1_ . u. R.4182 PAGE1513 ,. _,~,': J N W JTNES~j \\ 111::1\101", the pa rU c: hereto !J.. vc calsed thcs c pr('~; ~.t1t.~d to IH' executed the day <\lHl year lar.l above written. APP~ m & correc.tness: 'k ~.., Ci(ty Attorney By / . , ~ Witnesses: ~ Witnesses: ~ 1 .~) I. . l \.. "/ t2 Il\j}j oJ .';i~l)I)JAI4/ ) ~ J . J ~ ?\~A8'~';" 7?!", ?/h.k~ ~ City X ~~ V ~ ~- ~_ (SEAL) ~~..;; ~--- (SEAL) wner C- O .; ~u: As to Owner STATE OF FLOl!RIDA COUNTY (OF PTl\J'"ELLAS I P..EREBY CERTIFY, day of ~ before n:Je :;per:3,'cmally app c-2l.:red - 8. ~. ~ and If. ~ ~, r'l!spectively Ci Manager, City Attorney, City Clerk and 1\1ayor-Corrnnissio .r of the CIty of Clearwater, a munICIpal corporatIon eXIstIng under the la'\vstli ~}N:' S'Jate of FID:!1:1lda, to me known to be the individuals and officer s described in and who executed: the foregoing Agreen~ent and severally ar:knowledged the execution thereof to be their free act and deed as su<;h officers thereunto duly a't.lthorized; and that the official seal of said municipal corporation is duly affixed th~reto, and the said Agreelnent is the act and deed of said corporation. WI'llNESS lUY signature and official seal at Clearwater and State o~ }'"'lorida,the day and year last above written. in the Cou1],.1;o/:.?'fI:Pinellas ..,.~;.....~~ ",,,,.,,, 'd ~ -. ~., "'y;:'...... I ,~ '~_...it~..~O.1f1l ,'_"j ~"".. C) '!I~ I, '\(, ,~ ",. ~ \l.U . ~I .,) .-~::',;,. (f /' '::J \ . S "'"~ ,j',.. "':: ''';':>",., J 1 ~ - \ "J'i.';~'."~~', ~ ___', : :~" ',,~,:J\," c,: ' My COTn.mission Expires: MIIirY NdIe. StClte of Florida at large JAr ~uion bplr.. Sept. 29, 1917 ~.., ~GCHt "" . ~UCIlty Co. STATE OF FLORIDA COUNTY OF PINELLAS Before me personally appeared c?fl ....:2't:I. cr:. * _., .d d~ to me well known and known to me to be the individuals descri ed in"and who executed the foregoing agreement and acknowledged before Ine that they ex(;cuted the same for the purposes therein expressed. ~" ....... '-- ... .. ("~j:(,~:;;;:; ~':5...."\',' \,~ '~ I 0( I " r' -=' \ I .1'.... i~...1 H,~"\ \ \.' i '(WITNESS my hand and official seal this /f day 'of ~ ...' :' 1 ~~~ , '1.\ , . :< r1 ," - ,,,,"''' . \ I 1-' "-I, d. " ":',:'<p;t?:; .,:" ";"J /C2.q~~~ .," 'i : - :: \\!l. ,~,:~ '-~ ~ ~. -'"' - , 19 7~. My Conlluissiort Expires: . . ~/e',.(,~~ Notary P\:',b) ic Notary Public, Statt; 01 Florida at larQl Mv C"mmlsslon bp;ros M"r. 1), 1976 l!.ondoJ 2y Arr.or;c.n fir." ~, (.,...1\r Ctilln:p.., ... :.:: ~ ~..:. -~ .~ '. I.") i;" ," <.: " ,~}, H ,".,~.\ "''''... . ~ "Xl ;1,: ~ "j I -2-