SIDEWALK AGREEMENT (13)
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73115809
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~ R. 4069 PAGE 918
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AGRE EME NT
by
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to
THIS AGREEMENT, made and entered into this
and between the CITY OF CLEARWATER, FLORIDA,
as "City"; and
as" Owne r " ; C , l F( () ~ cl
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I b day of 1f V.!1. ' 1921-
a municipal corporatio:l"her.ein6lter reterred
hereinafter referred
l.,.. . + e I h4 1. e H-e (s t, "'" a tV (wife) _
-) CW1M"P&,c.1I ~c:l C.l~Y 'Fla 'SAr/~
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida: 1... IJ + I '-I ~ ~ s -I- '-'V I} 11.:1 "TC....;z.C Co Se cOlVA ~
j. 1 7a. ~ ~ 5'-1- woo -I 1) ~..
~ I ~ y P I a !J {Iz E...
and
WHEREAS, Ordinance No. -1219 of the City requires that all land that abuts a public
right of way, which 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 Owner 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 side,yalks installed, that the
Owner will, upon notificat ion by the City, have sidewalks innnediately installed at his
expense, and if he sbould 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 premie~s 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, persoQal 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 within ninety (90) days from the notification by the City,
then the City may have the sidewalks installed and assess anu impose' a lien against the
described reaL property for the Cbst of the work.
5. This agreen:ent 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
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 33518
qj;',"'ld" ,
4N~~l~~:':H
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CLERK C1RCUIr COIJRT
Owner: CliffordL. Heishman
2320 Campbell Road
Clearwater, Fla. 33515
T~lis Instrument "'as prepared by:
If j<' "1-'" T ~" n
'.'~"'d:-' 1'/1. l,nOWN, City Attol'iley.
C". c:f Cleanvatcl', P. O. Box 4748
Clearwater, Florida 3351&
A1122 3 O&f fH '73
07-03~-to(t ~)
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D. R. 4069 PAGE 919
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed t:he
day and year last above written.
\."
CITY
By
~d:mctness
C ty Attorney
Witnesses:
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S ATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this It day of 0 Lt..L~~ , A. D. 197~_
before me personally appeared ~l.LcLL R. Gt;."'rtl.....irn, Herbert M~"""B~~- R. G. Whitehead and '
H. Everett Hougen, respectively~ity Manager, City Attorney, City Clerk and Mayor-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 in 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 affixed thereto, and the 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.
. . . :. . ..; ..;, . '~ ~" ,;
7(dr-G-~>~
Notar*!~Uc~< ~ _ :'>': :;..
My Commission Expires:
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Nnhry Public, Sbtll sf Rerida at La!!!"
",ly (ommi$~i;:;n Expires Sept 29, 1973
.Bonded By Amerj,an. .fire & Ca:iually Co~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared~~ .~
to me well known and known 'to me to be t individuals described in and who executed the
foregoing agreement and acknowledged be ore me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
/07-#
day of -'- ,', ~r
.i
A.D. 19~ .
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My Commission Expires:
Notary Public, ~tat'} of Florida ~f [argo:
My Cornmi~:ci(,1l i:xpi;'8S Oct, 30, 1973;
,.Bonded bv Tmr1:;f'rl18Iica Insurance Co:.