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SIDEWALK AGREEMENTby to to 72037691 AGREEMENT G/ 1I� O.R. 3751 RACE •604 CUV4 r 'v THIS AGREEMENT, made and entered into this day of( , 19 OA, and between the CITY OF CLEARWATER,•FLORIDA, a municipal corporation, hereinafter referred as "City"; and as "Owner"; WITNESSETH: FIELD HOTEL CORPORATION (A PENNSYLVANIA CORPORATIOHareinafter referred WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: . Lot 2, Block "A", Bayside Shores Subdivision 825 S. Gulfview Blvd., Clearwater 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 havesuch 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 made_ and impose a lien against the described real property for the cost hereof; NOW, THEREFORE, in consideration of the foregoing premises 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, personal 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 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 conveyance subsequently executed, and this agreement shall be binding on all parties, the heirs, personal representatives, successors or assigns. at of 6. All notices pursuant to this agreement shall be furnished to the respective parties the following addresses, until receipt of written instructions notifying the other party 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. 33618 PI1IELLED AS ORCO: CLERK CIRCUIT COURT Un 24 3'1 ffl 72 Owner: Field Hotel Corpona'iion 825 S. Gulfview Blvd. Clearwater Beach, Fla. ;;;.: 7 m m 1,7 o ;•, r. o.• - ?'00 w_:.- + C /ia--o��•��'� 14. o a c 00 CD • • 1 • IN WITNESS WHEREOF, the parties hereto have day and year last above written. . Countersigne �'o..R. 3751 PACE 605 caused these presents to be'executed the CITY ;zD41/,• Mayor - Commissioner correctness: City Clerk: 40R -,2y3 1972 City Attorney Witnesses: 7C ,„ e,r � As to ity As to Owner . STATE OF FLORIDA ) COUNTY OF PINELLAS ) c I HEREBY CERTIFY, that on this '7�I7 th day of lehZe , A.D. 197 ?� , before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead 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 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 agrecment is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of;Priellas•'and t• State of Florida, the day and year last•above written. My Commission Expires: It Glary Pa'::!z, $ta:a of Ror%da at Large My (y :air:it- Ezp«s Oct. 22, 1974 R - - • • x L,:•.,:..,u mu u Lamalp• Co. STATE OF FLORIDA COUNTY OF PINELLAS Before me personally appeared C1C1h A) Or) to me well known and known td me to be the' individuals d s ribed in and who executed the foregoing agreement and acknowledged before me that they xecuted the same for the purpose therein expressed. e WITNESS my hand and official seal this My Commission Expires: Nohry, Public Stale of Florida et Largo A 1,My, Commission Ex.ires 0 day of Mali C97) • :A.D. 197V. ::\„4 l //' < ~ CITY OF CLEARWATER I --- ,I This will acknowledge receipt of from the City of Clearwater, Clearwater, Florida: Bonds Held in Safety Deposit Box in connection with annexation bond dated December 4, 1961, deposited by Ed.C. Hright, and guaranteeing performance in connection with construction of Little Pass Bridge and approach roads. $50,000. Inter-American Center Cultural & Trade Center 511'1, Bonds numbered H5l57 thru 5206 inclusive due 6-1-82 Coupon due 6/1/71 ASCA. $50,000. City of Orlando, Florida Imp. Bonds 4~~ due 1975 numbers 63 thru 87 inclusive Qnd 166 thru 190 inclusive. Coupon due 2/1/71 ASCA. (' , \ ~.::.I ~A' (6 .~,': , , """' , I ~, I . ,I J '. ,~ \ '" I, " ,\., \./ I ' . '" .' ~ .~\, \,.'., , , " .J,,:\ " I \ ,', ,j-/~, j;h/~~ f(, \ . I. L h., /~ / ~-\. \ . I I Ruth B. Kirby ~'!\~xecL~tr'~ 'J Ed C. VTright Estate HITNESS: Turnburke '" Brock ::38dlley 1,.uditor ,.,-- "/ /) , /......,.. -,,::'-'/ / . ~ .' .. .) ,?-., ~/... (..--~.~ .----------. For Ci y, Treasurer May 24, 1971 Date ;..~ r. , ~ ED. c. -~\-T-nG:rt.L Ei;TA7;;: P. O. BOX 24 ST. PETERSBURG. FLA. 3373\ TELEPHONE 887-8881 RUTH B. KIRBY. EXECUTRIX March 24, 1971 #. Mr. A. C. Iowrey, Jr. City Treasurer City of Clearwater Ci ty Hall Clearwater, Florida Dear Sir: Demand is hereby made for the return of certain bonds deposited with you on December 4, 1961 as security for a performance bond given by the late Ed. C. Wright to the City of Clearwater. The bonds referred to consist of $50,000 in principal amount of Inter-American Center Cultural & Trade Center, 5 1/2% bonds, due 1982, numbered M5l57 through M5206, inclusive, and $50,000 in principal amount of City of Orlando, Florida, improvement bonds, 4 1/4%, due 1975, numbered 63 through 87, inclusive, and 166 through 190, inclusive. You will find enclosed a copy of the performance bond dated December 4, 1961. Your attention is invited to the last paragraph on the first page which provides that Mr. Wright1s obligation. under the bond shall exist for a period of two years and shall cease and terminate after that. Accordingly, the performance bond terminated on December 4, 1963 and the Estate of Ed. C. Wright is entitled to re-delivery of the security which you hold. Please advise me of a convenient date on or before April 1, 1971 upon which we may accept delivery of the bonds. very.tr7ours,. ..~ .MJ ~R~ '- RUTH'B.. KIRBY , . r) As Executrix of the Estate of Ed. C. vlright cjl Enclosure cc: Herbert Mo Brown, Esquire City Attorney certified/rrr