SIDEWALK AGREEMENT (57)
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70116800
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O.R. 3440 PAGE 670
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A G R E E MEN T
THIS AGREHmNT, made and entered into this 23 day of November , 1970,
by and bet\vcen the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City"; and Florida Custom Home Builders InCl
here inaf ter referred to as "OImer";
WITNESSETH:
\.;rHEREAS, the Owner owns the follmving described real property situated, in the
City of Cleanvater~ Pincllas County, Florida:
Lot 18, ~erra Alto Est. (1487 Caroly~ Lane)
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of \vay, 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 nc\v construction on said property and
has requested the City at this time not to require the i1ill11ediate installation and
construction of sidewalks in connection there\vith; and
WHEREAS, the O"mer has agreed that if in the future the City, in its sole dis-'
~ cretion, determines that it is advisable and necessary to have such sidewalks
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>> e ~ installed, that the OIvner \<7ill, upon notification by the City; have sicle\val cs
,..0 B "'i' inn11ediately installed at his expense, and if he should fail to do so, then the City
.~~ ~ ~ay have said installation made and impose a lien against the described real property
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~ .c ~ ~for the cos t thereof;
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A>-o.-.~.:Sl NOH, THEREFORE, in consideration of the foregoing premises and other good and
r.n ,t"~l ~""l ~~ .
~ t: .-..8Valuable consideration between the parties, receipt of vJhich is hereby ac1mowledged,
.... 0 -ill ~the parties hereto covenant and agree as follO\vs: '
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1. The
sidE!\-l<11ks
the above
City will not <lt this time require the installation and construction
as part of the erection of the building and improvements by the O,vncr
described real property.
2. The City Dlay 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 aes~ribcd real property.
3. The O;vner or his heirs, personal representatives, successors or assigns
shall' at his expense within ninety (90) days from the notification by the City have
side\valks installed for said described real property in accordance \vith City
specifications and, standards as established.
4. If: the o.vner or his heirs, personal representatives, successors or assigns
shall fail to ,have sidewalks installed for the describ~d 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 sidevalks installed nnd 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, 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 addr~ss:
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City: 'DEt ~ 4 ,ou t7,owner:
Hr. Merrett R. Stierheim Dh !!1 ! U Flg;ida Cus Builders Inc
City Hanagcr . ~
P. O. Box 4748 r( f C " ;',:J -.: L ,"','~ew-~e-lJ:r, Simmons Pre s
Cleanvater, Florida 33518 !"INELU'.S .:;c. :LORIOJ. c.",,~~~~~S"'~sJmmons Sec.
HAfHl.1.0 HUlLENiJORE, CLERJI. ~,~,.(,:}~'t'f~
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07-003
(II)
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O.R. 3440 PAGE 671
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
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executed the day and year last above written.
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Witnesses:
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W~~d~ll lllmmons Pres.
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Glady ~nS\mmons See Treas.
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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I HEREBY CERTIFY, that on this ~ ___day of ~"."8m88r' " A.D. 1970,
before me personally appeared l-1errett R. Sti.erheim, Herbert M. BroHn, R.G.\Vhitchead
and H. .Everett Hougen, respectively City l-1anager, City Attorney, City Clerk and Mayor-
Conrrnissioner of the City of Cleanvater, a municipal corporation exis ting under the
lmvs of the State of Florida, to me knmm to he the individuals and officers described
" in and \Vho executed the foregoing Agreement and severally acknmvledged 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 sear at Clean,'ater in the County of Pinellas
and State of Florida, the day cmd year last above written.
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Notary Public
My Commission Expires:
NotarY Public, Stale 0' Florida at ....rge
My Commisl.ion Expires Od. 22, 1974
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STATE OF FLORIDA )
CODNTXOb' . PINELLA's )---- -
Before IDe personally appeared q::~(~~R 'P~(>S
. G~L Slmmons' See.
to me well knoym and knoun to I:JC to be ~~;cribcd in and who executed
the foregoing agreement and acknoHlcdged be re me that they executed the snme fOl:
the purposes therein expressed. '
WITNESS my hand and official seal this
23
day of November
A.D. 1970.
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Nottp Public
'My Commission Expires:
.JIARY PUBl ", ~, 'f- I
MY COMMISSION'EXPIRE"s ~~!~~D,4 ~t LARGf
Rq",nm r~RU F8EB W. DlfSJt&~JfZL
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