SIDEWALK AGREEMENT (85)
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O. R. 3343 PAGE 132
A G R E E MEN T
THIS AGRE~mNT, made and entered into this ~~ay of
by and between the CllY OF CLEARWATER, FLORIDA, a municipal corpo
referred to as "City"; and Russell L. Fourman and Roberta Fourm
hereinafter referred to as "Owner";
-i.- , 1970,
ion, hereinafter
, his wife,
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida:
Lot 35, Block A, Sunset Lake Estate, also known as 1560 Sunset Point Road,
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,
conrrnerc~al, indus trial or other purposes, shall have side'\va1ks cons truc ted 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 irmnediate installation and
construction of sidewalks in connection therewith; and
WHEREAS, the Owner 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
installed, that the Owner '\\1il1, upon notification by the City, have sidewalh:s
inunediate1y 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 thereof;
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 '\\1ill not at this time require the installation and construction
of sidewalks as part of the erection of the building and i.mprovements 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 vlithin 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 ~escribed real property for the cost of the work.
5. This agreement is to be regarded as a covenant running with the land,
regardless of Hhether 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 ~eceipt of written instructions notifying
the other party of a different address:
City:
Mr. Merrett R. Stierheim
City Mana~er.
P. O. Box ~71-8
Clearwater, Florida 33518
Owner:
Mr. & Mrs. R. L.
1451 Thames La.
Clearwater, Fla.
Fourman
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C.R. 3343 p~Gf133
hereto have caused these prescnts to be
writtcn.
Approved as to fo m & correctness:
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ci'ty At torney
Witnesses:
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As to ner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this 1.2 d day of O.~ , A.D. 1970,
before me personally appeared Merrett R. Stierheim, fubert M. Brown, R.C.Whitehead
and H. Everett Hougen, respectively City 1''lanager, City Attorney, City Clerk and Mayor-
Commissioner of the City of Clearwater, a municipal corporation existing under the
laws of the Stat,e of Florida, to me known to be the individuals and officers described
in and who executed the foregoing 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 agreement is the act and deed of said corporation.
WITNESS my signature and official seal at C1eanlater in the County of Pinellas
and State of Florida, the day and year last above written.
My Commi.ssion Expires:
Notary Public, Stilte of Florida at Large
Mv CommisriDn Fvpir"< <;"l1t 29. 1971
Bonded By Amcric:.n Fire & Casualty Co.
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared Russell L. Fourman and Roberta Fourman, his wife,
to me well known and known to me to be the individuals described in and who executed
the foregoing agreement and acknowledged before me that they executed the same for
the purposes therein expressed.
WITNESS my hand and official seal this
".xxh"
~J day of
1970.
My Commission Expires:
Notary Public,. State of Florida at Large
My Commission Expires Sept. 5, 1971
Bonded by 1 ransameric.rl In<:lIr"nf'\jl Cg.
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