SIDEWALK AGREEMENT (84)
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'jNEllAS co. FLORIO.
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CLERK CIRCUJr
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U. R. 4025 PAGE 341
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to as "City"; and
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hereinaiter reierrcc
WITNESSETH:
WHEREAS, the O\vner owns the follo\ving described real
C1ealvater, Pinellas County, Florida:
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property situated in the City of
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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, conunercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
\VHEREAS) the O\vner is erecting certain new construction on said property and has
requested the City at this time not to require the inunediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the O\vner has agreed that if in the future the City, in its sole discretion,
determines that it is advis.able and necessary to have such sidewalks installed, that the
Owner will, upon notification by the City, have sidewalks inunediately 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 hereof;
NOW, THEREFORE, in conside:~ation 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 will not at this time require the installation and construction of sidewalks
as part of the erection of the building and improvements by the ~vner 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 within 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 tho OWn~r or his heirs, p~rc0~al representatives, successors or assigns shall
fail to have sidewalks installed for the described rCdl property in accordance with City
specifications and standards within ninety (90) days from the notification by the City,
then the City may have the side\valks installed and assess and impose a l1en 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 conveyance subsequently executed,
and this agreement shall be binding on all parties, the 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. Merrett R. Stierheim
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
,Owner:
/(0 W(.~f Asscc
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RETURN TO:
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This instrument was prepared by:
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o. R. 4025 PAGE . 342
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IN ~IT~~~S ~'{ER~CF~
~Me ~2r:i2S ~~r~co ilav~ caus~~ ch~:;~ pC2sen:s
:0 be ;2.:~e~:.it~~d
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day ~nd ye~r L2SC 3bove written.
D1\
City Clerk
3 1973
Approved as to form a correctness:
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Witnesses:
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As to Own
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WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
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My Commission Expires:
-" br'Sta\e ot Florida at ta.qe
Notary rU Ie, ':, .'1 29 1973
MY COllnlli~33ieR ~y'p1rf~r. &..J".':~a:"ualtY '(.,.O!.
_, 1!1..d~_d. ~v~ lIme'I"!I - ".
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared ~\.0,~
to me well knmYn and knmYn 'to me to be the individuals de cr bed in and \oJho xecuted the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this r'l C~
, day of a..~
A. D. 1973
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Mi.-Go.pnni-s~ioJj . Expires:
'Notary'p~b~c: State of Florida at Large
My CommiSSIOn Expires MARCH 4, 1971