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SIDEWALK AGREEMENT (144) ~;.4':',.j~i~.~:;-IiLl!'.,~t"'l!~~!:u'ii.ll'-~iI'a.~o.r~""'~~'-e~>ii..~""iJ':Iif:~~~~~~:l\:,:'f!~ I It~Drf) 4~, ~l,n(l"'tl" . 'J l..~ -...c euil oour t71085509 , /.;<. g~ 'IIi ~. /J/7/ ~:" o ~? III ~ l2 lJ PH f 71 AGREEMENT O.Ft 3595 PAtf 416 THIS AGREENENT, made and entered into this ~3 day of July ,197L by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporatIon hereinafter referred to as "City"; and ROBERT E. MEYER and MARTHA E. MEYER, hereinafter referred to as "Owner"; his wife WITNESSETH: WHEREAS, the Owner owns the following described real property situated ln the City of Clearwater, Pinellas County, Florida: 1770 Drew Street, a/k/a Lot 1, Woodmere Heights Subdivision for Mars Avenue side only 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, co~~ercial, 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 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, determines that ii is advisable and neccessary to have such sidewalks installed, that the Owner will, upon notification by the Ci,ty, have sidewalks immediately 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 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 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 neccessarv to have sidewalk installed in connection with said described real property. 3. The Owner or his heirs, personal represenatives, successors or assign shall at his expense within ninety (90) days from the notification by the City have sidewalksinstalled.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 conveyances 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 Hritten instructions notifying the other party of a different address: City: Owner: Mr. Merrett R. Stierheim Mr. and Mrs. Robert E. Meyer City Manager 1770 Drew Street P.O. Box 4748 Clearwater, Florida Clearwater, Florida 33518 , This instrument was prepared by: HERBEllT 1\1, E'5:.0vVN, City Attorney City of Cic::l\\'ater, P. Q. Box 4748 Clearwater, Florida 33518 ~~ 07~OlO;~ -''"''~~1J'--'''''''':''\-.-';'_.~~~~~~--~lUfC.~~~''''-~'''''''''----"". _""""'t:;."'-';';'4.-_:ii3Lii;...~~:~:~~ t I I o.R.3595 fAGE417 -. IN WITNESS hlHEREOF, the parties hereto have caused these presents to be executed t ay and year last above written. ATEF., FLORID,; .L- 1anager f \' '~ttest : i, . ~:' ~~: . ~ '. Approved as to form & correctness: ~~/~ Witnesses: ~c<:~ ~~~/t, ~ vIner ' , ~~1h-/ ~ /r~1A/~ c _ //uu2..-,A---' As to Ci t)r ~~~. -"~ '63 , ' s to Owner n_ -. STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this :r~'ay of Plu..a~-t, A.D. 197/ , before me personally appeared l1errett R. Stierhei~, 4'f~~bert M. Brovm-;-- R.G. Whitehead and H. Everett Hougen, respecti0ely City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State 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 theip 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. ., ,> WtTNESS my signature and official seal at Clearwater in the County of ' PineIlasand State of Florida, the day and year last above ,,-Jri tten. ", x:~~.eLfV Notary Publl,C 'fur... C Commission Expires: , JIfoUry PUbrK, , ,State of R_lt lvtt My Commis:ion Expires Oct. 22. 1974 -.,"',11 '1'1' .. J: ...Fl... a. e:.~...lf' CVI STATE OF FLORIDA ) COUNTY OF PINELLAS) ~~~~ E~~~ \. "") c \~ Before me personally app_e~red .."~Ca~~- 2-.. '\~ <C<--G\~ to me well known and known to me to be the-IncrrviduaIs'ae's-cri15e9n~.Di~j~hd .~rno_n executed the foregoing agreement and acknowledged before me that they'i, executed the same for the purposes therein expressed. .. WITNESS my hand and official seal this ~~ay d~~,~~ft~D. 197 I \' ""',.",.".." .." '.' .'.." '-~~~~~ My Commission Ex~ires: My Commissio-.l t, I="'pires 8 /27 /7"