SIDEWALK AGREEMENT
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a municipal corporation, hereinafter referred
(A PENNSYLVANIA CORPORATIONareinafter referred
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AGREEHENT
by
to
to
. THIS AGREEMENT, made and entered into this
and between the CITY OF CLEARWATER; FLORIDA,
as "Ci ty"; and FIELD HOTEL CORPORATION
as "wner";
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WITNESSETH:
mfEREAS, 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 have such sidewalks installed, that the
wner will, upon notification by ~he 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 O\vner 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 fQr 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.
6. All notices pursuant to this agreement shall be furnished to the respective parties
at the followinCt "riel,...""",:", ",,1-;1 "'~nn';"r n+: n_"......__ -"__.____~_~,_ _..~.
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lo.~. 3751 PAGE 605
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be exec.uted the
day and year last above written.
By
Mayor
At. t~est:.. 7~........~/................'.
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City Clerk MAR 2 3 1972
.APproved as.~nd correctness:
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Ci-y Attorney .
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As to Owner .
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Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 'rtf -th day of ~ , A. D. 197 Y-. ,
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 agre~ment is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of Pinellas anti
State of Florida, the day and year last'above written.
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My
Commission Expires:
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. STATE OF FLORIDA )
COUN1Y OF PINELLAS )
Before me personal~y appeared
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CITY OF CLEARWATER I
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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.
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Ruth B. Kirby ~'!\~xecL~tr'~ 'J
Ed C. VTright Estate
HITNESS:
Turnburke '" Brock ::38dlley 1,.uditor
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For Ci y, Treasurer
May 24, 1971
Date
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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
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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
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Enclosure
cc: Herbert Mo Brown, Esquire
City Attorney
certified/rrr