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SIDEWALK AGREEMENT (81) ,~, I 730?S078 I ~- (])a..vd-" ~ ~ -l 7 - 7 J u ~ /..2 --rs l) It. R~40371S"&E 20 MPrC( , 19 "73 hereinafter referred hereinafter referred 0" ~ AGREEMENT TH1S AGREEMENT, made and by and between the CITY OFCLEARWA: to as "City"; and \ ,c AfC-O to as "Owner"; WITNESSETH: WHEREAS, the Owner owns Clearwater, Pinellas County, the following described real property situated in the City of Florida: ,/ /DO I 6"'~~NLe,4 Lo""'S<'~- , .... t? /i~{, e~ -k-r/-e. s l.cJ eto D~4,v I lJ l ~e::c.. - :J. :;)Cf.. I~ 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, connnercial, industrial or other purposes, shall have sidewalks constructed 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 innnediate installation and construction of sidewalks in connection therewith; and WHEREAS, the Owner has agreed that if in the f~ture the City, in its sole discretion, determines that it is advisable and necessary to have such sidewalks installed, that the Owner will, upon notification by the City, have sidewalks innnediately 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 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 will not at this time require the installation and construction of sidewalks as part of the erection of the building and improvements by the Owner on the above described rea:J, 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 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 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, stlccesso.r soras signs. 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 Manager P.O. Box 4748 Clearwater, Florida 33518 !iE~~tl~L~ : P!NELLAS cr. FL')R!~'! ~~rn...u...~:. CLERK CIRCUIT :;OLlIH Owner: KII<ARt-> K:._ Jo~"-lSON i MA RY Q. (WIFE) \4.., e4 $olUsET 0~1\1t; Lf'.i:..C...o, Fl.-a ~t>A 33540 JoN ~ 4 2S PH '73 ~, ~'/' )~~~~~t J '.~ '" J P.o. BOX 4748 ~~I.'R!4~WATERJ FLA. 88611 ~,,~,. This i,'"U n,r';~ \"", prepared by: HEBl'F"'j'i\.l)\Ut] City Attorney Cit~J o'tCi;i;'l\V~t~r: P.' Q. Box 4748 .Qleanyater, Florida 33518 ~/8/ o -;.. OO?r 0 I I ..-. -., - -- --. .-.- ~ , ... J I ,O~R.,_4037 fAGE 21 IN WITNESS WHEREOF, the parties day and year last above written. presents to be exe'cuted the CI7mA--, './ "," ! , A R,FLORIDA By i / ' . City Manager . Mayor Attes-f . _. ~~> ~it~'" . ,'-. ,--~. " ;,j,"":,. Wi~~ ~ As~City_,. '~,~""".'. ~~ s;.. As to Owner .,,~ STATE OF FLORIDA COUNTY OFPINELLAS ) ) *Esther Retzer *Deputy City Clerk I HEREBY CERTIFY, that ont~is :2S-t/... day of ~~ ' , A.D. 197::$ before me personally appeared Merrett R. Stierheim, Herbert M. Brown,*rt=::G:=Jib:i:l:::EbEacr and H. Everett Hougen, respectively City Manager, City Attorney ~ICl:n)ito1erk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me know'll to be individuals and officers described in and who executed the fore- going Agreement and severally acknowledged the execution thereof to be their free act and deed as such officers theteunto 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 Clearwater in the County of Pinellas and State of Florida, the day and year last above written. My Commission Expires: Notary Public, State of Florida at large My CommiSSion bjl:.t:) S"'t'~. 29, 19H Bonded By American Fife & Casualty Co,. '}'~...'.,.".~ ' " ,~,(~:~:.':.~_~~:r,'",','-'~:~~,"', ,w -','", '~.i~; , :~..,' ,;~~. ~aty. P~oi~i~' ., ( /: .:'~:;:. :..S,?;~>,:.~ :: "C::' , " .~ W"f;f '. ~.- ., ~/tyl"'t,~ ' ~-: '--~..... ....,- I''';' " ...:) ,.:) '" '- -.. .....~Jl STATE OF.FLORIDA ) COUNTY OFPINELLAS ) Before me persona1~y appeared ,'i(lJ(a v JR., JDh nc;oAFa!l1dvy IJ to me well known and known to me to be the individuals described in and who executed th~ ~ foregoing agreement and acknowledged before me that they executed the same for the purposes therein expressed. . - A.D. 1973. WITNESS my hand and official seal this ,I 7-;& day of ~ ?lJh1ic , ,~:- ~,.: .ar..~l1y. A --~la', -~.":,,' , .., . qllJ l~ oj' , ;,., '. e1'ical1fjo/" . ' My Commission Expires: '10IJe~ l1llJ:Jkers /(lq lilL'/ l~ULar}ruj)Hc ,-,''c. 'H."oj.;.." .... . 1'~:JIJ' IlJslJr 8.1'15(.. Bonded By: AmericanBankers lnsuranoe Compan) '1le 24, J;;.ee COl)j'" .. M" "c........:~:va E.a.~.~. JUJ.l~ 24_, l~Y 4 4, 'PalJ.~. ....