SIDEWALK AGREEMENT (4)
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AGREEJ'vLENT
'1'U1S AGIZEElvIENT, IlJ<.Lc1e and entered into this 3lst day of October
19 73 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and CHARLES H. NELSON & VIVIAN G. NELSON (HIS WIFE)
hereinafter referred to as "Owner";
WITNESSETH:
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WHEREAS, Section 7-6 of the Code of Ordinances of the City requires tha~li.f!1i~
that al:mtsapublic right-of-way, which is to have new construction on it, eitber =- re~i"'"
dential, commercial, industrial or other purposes, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
WHEREAS, the Owner owns the following described real property
City of Clearwater, Pinellas County, Florida, to wit:
and
WHERE~I\S" th:: Owner is erectin:t: certain Ilt::W construction on said property and has
requested the City at this time not to :n;:~(1dL1re the immediate installation and co nstruction
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 immediately installed at his ex-
pense, 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, ir.. consideration of the foregoing premises and other good and
valuable cons;ideration between the pa.rdicoci, receipt of which is hereby acknowledged, the
parties hereto covenant and agree as follci'W's:
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 neces sary 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 i he City have sidewalks in-
stalled for .said described real property in accordance with Ch y specifications and standards
as established.
4. If the Owner or his heirs, personal representativer, successors or assigns shall
fail to have sid~walks installed for the described real property in accordance with City
specifications and standards within ninety (9'0) 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 rur,ning with the land regardles s
of whether it is specifically mentioned in any deeds or convey;:., nce subsequently executed,
and this agreement shall be binding on all parties, the heirs, rersonal representatives,
successors or assigns.
6. All notices pursuant to this agreement shall be furni shed to the respective parties
at the following addresses, until receipt of written instructionr: notifying the other party
00
of ~ different address:
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Cf.) This i~3tru '_~~j ~ : \\" ~~ ,-::' p. \:j 1- l_U....,. .
.. ~ ~ < City' HERBFI'T M P:, \,N Cd',! Attorney
o ~ r- ..:l City' Manager City ;f" Cl;'~'l'\~~:,t~r, ~.' O. B~;8 47 48
~ :3 ~ r.x..~ PO Box 4748 Clearwater, FlorIda 33
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:J >-"' f;il Clearwater, Florida 33518
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Owner:
Mr. & Mrs. Charles M. Nelson
~ l560 S. Hyrt1e
Clearwater, Florida 33516
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czlSCd thc~;e Pl'~:sR~~t~~~o ~~~E 284
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exec'Gted the Ge:!Y and year last above w:htten.
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By
Approved as to for correctness:
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City Attorney I
Witnesses:
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(SEAL)
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Owner
STATE OF FLORIDA )
COUNTY OF P:INELLAS )
1 HER,E.lBY CERTIFY, that on this /s--d. day of ~ ' .19 '73 ,
before mc tpeJr$onally appeared ,~ IS, r~ 7Wd ht-~I f( G-.~
and 1-1. ~/~~ , respectively Cit~ Manager, City Attorney, City Clerk
and Mayor-COJ:n~oner \Of the City of Clearwater, a munIcipal corporatIon eXIstIng under
the laws 0] the State of Flc]"'ida, to me known to be the individuals and officers described in
and who executed the foregoing Agreement and severally ar;knowledged 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 th,::reto, and the said Agreement is the
act and deed of said corporation.
WITNESS my
and State of Florida,
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signature and official seal at Clearwater in the CouR,~y.:p~;.,finel1as
the day and year last above written./-::'<i -, ~ [:/ 44ft;,_
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My Commission Expires:
Notary Publ!., S.ctfe of F1o-rido at large
My Com:m:ss;,)1l Lxp:rcs Sept. 29, 1977
llondec by Amencl;ln ~Ire &. Ca.uul.1 ~.
STA TE OF FLORIDA
COUNTY OF PINELLAS
Before me personally appearedf":'#/1A."~~ N&LSOA/ r 0 V/~~C:&i~
to me well known and known to me to be the individuals described in and wh()'exa~tit'~,d, the
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foregoing agreement and acknowledged before me that they executed thej~\i).tne-r6r-.the,':<1f
purposes therein expressed. ' r"': ...~/ ,.~ ,":;<tt2
3/ r:..H dayof Oe~R:, ~9.:i1 .
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WITNESS my hand and official seal this
My COlnmission Expires:
NOTAR'! PUBLIC STATE OF flORIDA AT lARGE
M'l COMMISSION EXPIRES JJ\N. 25, 1977
BONDED THRU GEN~RAL INSU~A~JCE UNDERWRITERS
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