SIDEWALK AGREEMENT (116)
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,o.R.3678 PAGr168
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AGP.EE~1ENT
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLE!\R\'1ATER, FL RIDl"
heX'einaf~ter referred to as IICity"; and
hereinafter refE;rred to as 1I0\1ner";
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~rlllnicipal corp _ at:ton, -
\'lITNESSETH:
\vHEREAS, the OHner m.ms the following described real proper'ty s~i tuated ir:
the City ofClear\-Jater,. Pinellas County, Florida: IJJ1 ~ .~ I
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and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut~
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
HHEREAS, the OHner is erecting certain neu construction on said property
and has requested the City at this time not to reauire the immediate 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, determ~nes that it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidehTalks immediately installed at his expense, and if he should fail to do Be
then the City may have said installation made 'and impose a lien against the
described real property for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other goo~
and v~luable con~ideration between the parties, receipt of \1hich is hereby
acknowledged, the parties hereto covenant and agree as follows:
,I. The City will not at this time ~equire the installation and
construction of side\Valks as Dart of the erection of the buildin,g and
improvements by the Owner ori ~he above described real property. -
2. The City may at any time in the future notify the Owner, his heirs,
per~onal representatives, successors or assigns that the City in its sole
discretion has determined that it is' advisable and neccessarv to have sidevlaL:
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assio::-:
shall at his expense Hi thin ninety (90) days from the notification by the Ci t:'
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 propert';
in accordancG with City specifications and standards within ninety (90) days
from the notification by the City, then the City may have the sidewalks
installed and ~~sess and impose a lien against the described real property fo~
the cost of the work.
s. This agreement is to be re~ar~ed as a covenant running with the la~d,
regardless of whether it is specifically mentioned in a~y deeds or convevance~
subsequently executed, and this agreement shall be binding on all parties, ~~l'
heirs, personal representatives, successors or assiens.
6. All notices pursuant to this ar.ree~ent shall be furnished to the
respective parties at the following addresses, until receipt of written
instructions notifying the other party of a- diff~rent address:
Ci ty : . O\'Jner : ~) \ C I
Mr. Herrett R. Stierheim r- (6. \ yr. ~VlSl
Ci ty Hana/?,er o( D 7 32sm '. ne t n 1,
P · 0 . Bo x II 7 II 8 0 l 'E' a. Y' LuG-- +Q \' -~)-_-c-\
Clearwater, Florida 33518 ,) ~.
D7~ COCj - (j{) ( 5'.') @
hereto have
\Vl"ittcn.
o.R.3678 PAGE 169
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,. IN vlITlH:SS \.JI-JCIU::OF, the piJ.l"ties
executed the day and year last above
to be
rLOIUi>
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~.,. ayor-Cornrnls S loner
APp~z=tne.ss:
~ ,Horney . .
Witnesses:
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. Hn~~:/:<:::.___~_--,<.>/
-WITNESS my signature and official seal at ClearHater in the County of
Pinellas and State of Florida, the day and year las~ above written.
.
-~..g?~.
.', otary PU])'llC ..
My Commission Expires:
Nol~ry Pubk S11t~ d Fbridil at large
Nly C;:;:C:!}!l b;;;{i'!s 0:.(. 22. 1974
L.....Il.;cO oy .....m~r;can tue {A. Lasually Lo_~
\
STATE OF FLORIDA )
COUNTY OF PINELLAS)
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Before m~ - personally appeared (' iLc:..-z4.1
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My Commission Expires:
in and Vlho
they
to
executed the
executed the
WITNESS my hand arid official seal thisj.j~ay
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This instrument ,vas prepared by:
HERBERT lVI, j~LtjWN, City Attorney
City of Clearwater, p, O. Box 4748
Clearw~ter, Florida 33518