SIDEWALK AGREEMENT (83)
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OR, 3419 PAGE142
TillS AGREEHENT, made and entered
by and be tHeen the CITY OF CLE
referred to as "City"; and
hereinafter referred to as
A G R E E MEN T
;;.0$ day of ~ ,1970,
a mllnici~;porm:J/'i~:rei~after
into this
~DA
(17L~/Lu)
WITNESSETH:
WHEREAS, the O;vner o~vns the follo\ving described real property situated, in the
City of Clearwater, Pinellas County, Florida: Lot 14 and the West 1/2 o.f .
Vacated Street, Unnumbered Block, PALM PARK ADDITION TO CLEARWATER,
according to the map or. plat thereof as recorded in Plat Book 4, page
86, of the Public Records of HillsboroughCounty, Florida, of which
Pine llas C ount y_w,~.._f.?r'!l~J.:ly-..a:p.art .
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of Hay, which is to have ne,v construction on it, either for residential,
commercial, industrial or other purposes, shall have sidevlalks constructed by the
owner on, across or adjacent thereto; and
m1EREAS, the Owner is erecting certain new construction on said property and
has requested the City at this time not to require the itllillediate installation and
cons truc tion of side\Valks in connec tion there\vi th; and
>, mlEREAS, tbc~ Oivner has agreed that if in the future the City, in its sole dis-'
'~~~ cretion, determines that it is advisable and necessary to llave such sidewalks
.A .t S; installed, that the ();vner vlill, upon notification by the City, have sic1e\valks
~ ~~ ~'. ;::l"immediate1y installed at his expense, and if he should fail to do so, then the City
2 ::i1 ~~may have said installation made and impose a lien against the described real property
p, (;1;)
f' r~': for the cos t thereof.
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c'j ;", _ 0 NOH, THEREFORE, in consideration of the foregoing premi.ses and other good and
~ ~:='; _~1 G:valuable considerati.on bct\veen the parties, recei.pt of vlhich is hereby acknmvledgec1,
t: ;':: ::~ ~the parties hereto covenant and agree as fo110\v8:
j ~'~ !i\ ~ 1. The City will not at thi.s time require the installation and construction
2 ~.~ ~~ ~of sicleHalks as part of the erection of the building and improvements by the O;vner
.'" ~",1 ,:;) UDn the above described real IJroperty.
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::t: U 2. The City may at: any time in the future notify the Oivncr, his heirs, pcrsonal
representatives, successors or assigns that the City in its sole discretion has
determined that: it is aclvisab1e and necessary to have sidewalks installed in
connection with said aesiriLed real property.
3. The Owner or his heirs, personal representatives, successors or assigns
shall' at his expense \vithinninety (90) days from thc notification by the City have
side\Valks installed for said described real property in acc6rdance with City
s~ecifications and, standards as established.
I.. If the O.vner or his heirs, personal re,Presentatives, successors or assigns
shall fail to.have sidewalks installed for the describ~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 sideHalks 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 covcnah1:ytifiniIl:gwith the lancl,~--
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 address:
City:
Mr. Herrett R. Stierheim
City Hanager
P.O. 80x 4748 n
Clear\vater, Florida 335l~CT 28
Owner:
Mr. Robert Cooper
705 Palm Bluff
2 (L~t 14 & ~ of vacated
3~ PM '70 Clearwater, Florida
Street, Palm Park)
K[C;:'RUE"D
""NELL AS CO, flORIDA
HAROLD MULLEND~.CI.ERk
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Q,R, 3419 PAGE143
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the ay and year last above written.
By
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As to City
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As to, Owner
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Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Guy L. Kennedy, Jr.
I HEREBY CERTIFY, that on this ~1dv day of1 ~~ , A.D. 1970,
before me personally appeared Herrett R. Stierheim,/ficrbcrt 11. B1:0HR, R.G.Hhitehead
*Asst .and H. .Everett Hougen, respectively City Hanager /' City Attorney, City Clerk and Hayor-
Commissioner of the City of Cleanvater, a municipal corporation existing under the
lmvs of the State of Florida, to me knO\m to be the individuals and officers described
in and who executed the foregoing Agreement and severally acknmvlcdgecl 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 tlH?,reto) and thc,
said agreement is the act and deed of said corporation.
HITNESS my signature and official seal at Clean,Tater in the County of Pinellas
and State Of Florida, the day and year last above written.
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Notary Public
l1Y. COIJllnj..ss ionf E,..,X '~ti",j ',re. :__
ftQtary Publtt:. ~tate 0 rIOMa at LII1je
M,ColllmiSSiOR,EXpires Od.22. 1914
....._ by"'",,;c,, f'"lI! ,,\,~ ~
STb.I&~OF_};'_LORIDA )
COUNTY OF PINELLAS)
Before me personally
appeared~:L~- ;tlli;:~---
to me Hell knovll1 and knO\'1ll to me to be the individu~ls described in and HllO executed
the foregoing agreement and acknowledged before me that they executed the same for
the purposes therein expressed.
HITNESS my hand and offic,ial seal this
J-e;t/-- day of
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My Cormdssi,on F'\l)i,J,;"es:
NolatVl'li~ ,}ts~p' J:lon(h at IArqe
M,'CommissiOD Expi(~ ~~h 'PI" ,1,9/3
'.ODd.d. 'y, American Hr6~& C.SUt1hf ,elL
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