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SIDEWALK AGREEMENT (55) tl)J 0.< nreo;,1 e, 1\ ""ElU:,',' ,h;, 'r ~.e_. \ ~ ~ '.....l~ C'lE'Ri< r,"'" ~,;-, C!)i:,r 71120979 I fir) I 1/ !P / d. ,~ Y '1 f. ,I, IO~ ~;., ~.::.;;.- . OCT lB 4 00 PM t71 THIS AGREEMENT, made and entered into this 14th day of October ,1971, by and between the CITY OF CLEARHATER, FLORIDA, a T'1\.lnicipal corporation, hereinafter referred to as "ei tyfl; and Elmer M. Lauffer and Emma Lauffer (His Wife) hereinafter referred to as "Owner"; AGREEf1ENT OJ.36,50PAGE9J3 \.JITNESSETH: WHEREAS, the Owner owns the following described real property situated ln the City of Clearwater, Pine lias County, Florida: Lot 15, Block D, Sunset Lake Estates, Un~t 3 a.nd 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 erectin8 certain new construction on said property and has requested the City at this time not to require the i.mmediate installa- tion 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 neccessary to have such sidewalks installed, that the Owner will, upon notification by the City, have sidewalks immediately installed at his expense, and if he should fail to do so, then the City may have said installation ma~e. and impose a lien against the described real property for the cost thereof; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable con~ideration 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 neccessarv to have sidewalks installed in connection with said described real property. 3. The Owner or his heirs, personal represenatives, 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 repr~sentatives, 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 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 running with the land, regardless of whether it is specifically mentioned in any deeds or conveyances subsequently executed, and this agreement shall be binding on all parties,> thei 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: Owner: Mr. Merrett R. Stierheim Mr. & Mrs. Elmer M. Lauffer City Manager 1635 Algonquin P.O. Box 4748 Clearwater, Florida Clearwater, Florida 33518 07 -o:flri) I I ,o.R.3650mE 934 WHEREOF, the parties hereto have caused these presents to be ear last above written. ~~ -;t3~__ A{~.~~e..~~~ ~AAfo ~ ~.. /17. 77?C~--/ ~ ~ As to Owner '7 .~ STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this ~ay of ~.~ , A.D. 197 I , before me personally appeared t1erre.tt R. Stierheim, Herbert M. Brown:-- R.G. '~hitehead and H. Everett Hougen, respectively City 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 the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution theremf 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. . e:r;:,,~: ,,~ .~".' ,,' ~~~~ .mer if FLORIDA orrectness: WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. >I!. . ..' ............:,U~~J ~bliC",i . .... . \ ~til!9~l~~1P.~~;~~~ijori!;~ialVr s : My C:.\~:n:i,:;ii hpires Oct. 22. 1974 'ond.d by Amerklfn Fir" & Ca-suahy CO,j STATE OF FLORIDA ) COUNTY OF PINELLAS) to me-B:-:~e~:~w~=::~~::::n a::e::e::::e ~~~~=~~d executed the foregoing agreement and acknowledged before me that they executed the same for the purposes therein expressed. Ylho WITNESS my hand and official seal this~day Notary,.\ti ',. ,<~..;" ~')':__~~ \i ,~ ,,,~.,/.... ~..*,.O"".' -', Ie; .'. :.-- ,,- ... ~,j - . (;il.. ~ ...t: .' "D. .;- " .}'c::: / _ "l): ~.. ~ .: ~ -' ~/"~ ~ ~', ',~; ~. s:', '~~~,\1\, ~" ;.t:! ,: "'., , " -' .<;.' . -~ '(},ll;." ... ~/ .'. ~;.~..l ~;: c\ -.r; ,) ::l My Commission Expires: r{l-; - 2-?> - 7 7__ 'Thi13 lnstrumefit was prepared by: HERBERT M. BROWN, City Attorney City of Clearwate.r, P. O. Box 4748 Clearwater, Florida 33518