SIDEWALK AGREEMENT (56)
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O.R. 3440 PAGE 666
A G R E E MEN T
THIS AGREilrENT, made and entered into this 23 day of November , 1970,
by and between the CITY OF CLEARHATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City"; and Florida Oustom Home Builders Ine I
hereinafter referred to as "eAvner";
WITNESSETH:
\oJHEREAS, the OImer owns the follmving described real property situated, in the
City of Clearwater, Pinellas County, Florida: A," ,n, U';;n- '
DEe ~ 11, 06 in! U
Lot 17, Terra Alto Est. (1493 Oarolyn Lane)
and
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t1,~, '"C :1 ORIO,.
t'\M~L~IJ~ClENtl()KE.. CI.E~'"
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vJHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of 'vay, \vhich is to have new construction on it, either for residential,
conm1ercial, industrial or other purposes, shall have sidewalks constructed by the
owner on, across or adjacent thereto; and
\~lEREAS, the OIvner is erecting certain new construction on said property and
>. has requested the City at this time not to require the inmlediate installation and
';:' ~ ~ construction of sidc\valks in connection therc\vith; and
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]:;,;; ~.:~ WHEREAS, tl1c O.mer has agreed that if in the future the City, in its sole dis-
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; >.~ ~retion, determines that it is advisable and necessfiry to have such sidewalks
,~ts c:i 1nstalled, that the eAmer will, upon notification by the City, have sidewalks
,o.~..~ r,' ~nnllediately installed at his expense, and if he should fail to do so, then the City
;~ :':~ ,,< i:I1ay have said installation made and impose a lien against the described real property
;S-~. . ~or the cost thereof;
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.B.~ ~ NOH, THEREFORE, in consideration of the foregoing premises and other good and
~" [Valuable conside.ration between the parties, receipt of \'lhich is hereby acknowledged,
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2 ~':' ~he parties hereto covenant and agree as follmvs:
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:a ~ E 1. The City ",ill not at this time require the installation and construction
,8 b:i <:) of sidH,mlks as part of: the erection of the building and improvements by the O\Vi1Cr
on the above described real property.
2. The City may at any ti.me in the future notify the Oi.mer, his heirs, personal
representatives, successors 'or assigns that ~he City in its sole discretion has
,determined that it is advisable and necessary to have sidewalks installed in
connection with said aes~ribed real property.
3. The Owner or his heirs, personal representatives, successors or assigns
shall' at llis expense \vithin ninety (90) days from the notification by the City have
sidewalks installed for said described real property in accOrdance with City
s~ecifications and, standards as established.
4. If the OIvner or his heirs, personal representatives, successors or assigns
shall fail to have side\valks installed for the describe.d real property in accordance
'-lith City specifications and standards \vithin 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 \'lhether it is specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties, their
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: nf~~~
City: Ovmer: ~ -.f) ,
Nr. Herrett R. Stierheim rj.. ~
City Hanager 1..~Ji'~orid Oustom Home Builders Ine.
P.O. Box 4748 ,.<<;'\;~~ti1a~~l L Simmons Pres
Cleanvater, Florida 33518 ~'(~..':"~'9l.'~~~~'..,L Simmons Sec Treas.
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O.R. 3440 PAGE667
IN tUTNESS \-lHEREOF, the parties here to have caused these presents to be
executed ~e day and year last above written.
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APpro~ess:
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City Attorney ,
Witnesses:
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tJI to Qj;ner iii/- /- .
STAm OF li'LORIDA )
COUNTY OF PINELIAS)
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I HEREBY CERTIFY, that on this 0@7-' day of -Uovemla:r ' A.D. 1970,
before me personally appeared Herrett R. Stierhcim, Herbert N. Brown, R. G. \Vhitehead
and H. .Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-
Connnissioner of the City of Cleanlater, a municipal corporation existing under the
laws of the State of Florida, to me knmvn to be the individuals and officers described,
in and who executed tl1'c foregoing Agreement and severally acknowledged the execution
thereof to be their free act and deed as such officers thereunto duly authorized; and
that the offi~ial seal of said ffil1nicipal corporation is duly affixed thereto, and the
said~grN;ment is the act and deed of said corporation.
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WITNESS my signature and official seal at Cleano!ater in the County of Pine 11 as
an.d State of Florida, the day and year last above ,vritten.
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Notary Public
My Commis~ion r~uire&:
Notary Public, Mate of tltfnda at Large
My Commission .Expires Od. 22, 1974
_decI ~y JII_ricaa Fire & c..uoIty Co.
STATE OF FLORlj)A )
COUNTY OF PINELLAS)
Before me personally appeared
~~r
~dell L Simmons
Pres . ~~(=
See Treas.
described in and who executed
they executed the same for
to me well known and known to me to be the individuals
\,t~'~rpj;oregoing agreement and acknOl,;ledged before me that
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",,,-"\'\;\-;the Evt.poses therein expressed.
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/i.": .....:r/ ~.:.l' ";'~ Wi~S my hand and, official seal this
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day of ~~ A.D. 1970.
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Mv r.oJJUDission Expires:
NOTARY ~!lLlC. STATE of FlORI'1i1 ~t L~f?Gf
MY COMMIS~IDN EXt~:rH'~ :or"'T ").1 19""4
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