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SIDEWALK AGREEMENT (141) ~ "'"llrIlt~;'roRiDA'-'~'"~''' ....-. ...M..W__' - - '" . P_____._.._.. _..n___. 4U;;k ~~ 72029494 I III 7 3.nt 11 AGREEHENT -Pef .11/.;:; .-, ." ..., .'." "~ .";'-1. ~'/. ,. "';11 . '; . .... G.R.'3738'~ PA~E 505 . ::J D THIS AGREEMENT, madc and entered into this 24th day of February , 19 .1.~, by and between the CITY OF CLEARWATER,- FLORIDA, a municipal corporation, hereinafter referred to as "City"; and Ralph W. Halgren and Velor&. B. Halgren, his wife, hereinafter referred t.o as "wner"; vlITNESSETH: WHEREAS, the wner O\vus the followin): described real property situated in the City of Clearwater, Pinellas County, Florida: Lotf18, block C, Highland Terrace Manor also known as l~ Parkwood. Street and WHEREAS, Ordinance No. .1219 of the City requires that all land that abuts a public right of way, vlhich is to have new construction on it, either for residential, cOTImlercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and WHEREAS, the Olvuer is erecting certain new construction on said property and has requested the City at this time not to require the immediate installation and construction of sidewalks in connection therewith; and ~VHEREAS, the Owner has agreed that if in the future 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 ilrrmediately installed at his expense, and if he should fail to do so then the City may have said installC'.tion 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 hercby 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 wner on the above described real property. 2. The City may at any time in the future notify the OIvner, 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 ~eal property. 3. The OIvner 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 OIvner 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, successors or assigns. 6. All notices pursuant to this agreement shall be furnished to the respective parties at tte 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 Owner: Ralph W. Halgren and Velor&. B. Halgren 638 Poinsettia Avenue Clearwater Beach, Fla. 33515 RETURN T'Ot CITY CLERK P. O. BOX 4748 CLEARWATER, FLA. 33518 / . //i) Of - 'D\ O-D'D (7C'J W r~~N:ti~'.i:-~-"-:.::'-,': . , ,- -'~;',~J</;:'~-'; ': -'.':" ',,_~~~,;'~::t,:~;:-<,.,_,-:,;t::;l~. .".,-,' 7:"":;"" . ..:.. _ '_':,._.;~,'" ,~, ;. -~''';''~_'~.;.. ~ "_~'....:]_~!t...._1.,,,';'; "...!~,'~-. .'. .: -,,'~ .1::,;:.."i"";;:7~',~}.-;, ;;",,', ,:,:~ ;,'- ," i'";"_'~~;;'" '." '.' .-,;"~ '",'.:.-.., ;..,'..~.' . .,.. ." :;,.....,>,.,: ~ >.,".:'.....,; ,....... = I I. C.R. 3738 PAGE 606 ! IN ~HTNESS HHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. 'J, By ~ ~- Approve4as to form and correctness: ~;~~l~ City Attorney City Ci~'rk"'qL' < l,.'\.', ' Wi.tnesses: ~ ~~e' ~e, As to C~ty i-u-e-eG J '-I;'<'&<$-:-,J .z.i!Rfte__ y)[ ~~ As to Owner STATE OF FLORIDA COUNTY OF PINELLAS ) ) 1 pf day of ~~ ., A.D. 197.2- before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Conmlissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me knoHn to be individuals and officers described in and who executed the fore- going Agreement and severally acknowledged the execution the:ceof to be their free act and deed as such officers thereunto duly authorized; and t~at the official seal of said municipal corporation is duly affixed thereto, and t;he said agreement is the act and deed of said corporation. I HEREBY CERTIFY, that on this WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above Hritten. ~..';".L '- . -,~_' .. :-<'"_~ ';OJ. ,t,}.. "'" . /~>0:kJ,"e,-,.., '.. N~i ~~bl~~' :':.=- .. ~::-... - . ' '" My Commission Expires: Notarv Public, State of Florida at large My (omm;~si~n Ex,,:rz; Sept 29, 1973 Bonded By American hre 6. LasucSl'J Cv. ,. " /- .. . ..' STATE OF FLORIDA COUNTY OF PINELLAS ) ) Before me personally appeared t:LL~};. ~.('~ -C.;o1. rt to me well known and known to me to be the individuals foregoing agreement and acknowledged before me that they executed the therein expressed. WITNESS my hand and official seal this 'Jl _Ll' eT/. day of '{(t.i.-('~ .~'C A. D. 19V- . / \ \ '\ ' . I , ~ I j '_ I , I I ) \\\\\l \, ~~ " :,~ ._\~<\ ',:--~;., -: .,~. " " I; . ~ Il~ ;-.-:;~'; ("i" ,~~",,:,V~ ~,,\j. '., '~:~ :"~!i:! ,:~ \~ C -: ,~! :1:, \.~ My Commission ~ :,j"I' ':, :;~~' /~, 1 f i':" Exp f-rris: . ". " . . ~. ND'fARY' PUBil~lSTATE OF FLORIDA AT URGE mY COMMISSION EXPIRES MAR. 15, 1974 /lONDED' THRU FRED W. DIESTRHORST ~~... .. .......- ,4......cf.tf.- J. '/:.II..(~\:.~ (/''- Notary Public This instrument was prepared by: HE:?BI~--:T :r,rL BROVv'N, City Attorney Cit:, cf CJcanNater, P. O. Box 4748 Clearwater, Florida 33518