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SIDEWALK AGREEMENT (145) by to to .1/ '1! ~ t I~l('~l ~ ,D AGREEt-IFNT n.p,~86 r~G: 7:22 THIS AGREEMENT, made and entered into this 14th day of C' .... h , 19 72 . . 1 --;--ncflfi:t:cmJ:lcrft f -d - and between the CllY OF CLEAR\~ATER, FLORIDA, a mun~c~pa corporat~on, ere~na er re erre as "City"; and Mf>X~~XK~~U{~~~ Robert L. hereinafter referred as "Oi.mer"; Maynard and Lillian M. Maynard, his wife, , I 72121518 I , " /' WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pine1lasCounty, Florida: 1118 North Saturn Avenue, Lot 26 less S. la' Blk. 24 - 8th Addition - Highland Pines 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, commercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and WHEREAS, the Oivner is erecting certain new construction on said property and has requested the City at this time not to require the inm1ediate installation and construction of sidewalks in connection therewith; and WHEREAS, the Oivner 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 notificat ion by the City, 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 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 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 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, csuccces-Ko.rsorassigns. 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: ~r~;" PINE;.ti;' ;,;' . \ r. T"'~- ,J, j ~ . ., ~..............~_ I 'w' : -........~ _"1. ~ _ CLERJ( CIRCi~ r CO:; City: Mr. Merrett R. Stierheim City Manager P.O. Box 4748 C1earwater", Florida 33518 SuZ7 3 11 fH '7Z Owner: Mr. and Mra. Robert Maynard 1224 N. Saturn Ave. Clearwater, Florida . " ',)re1)arec: by: This iEstrnE": T""~" p t~torney . ;"~ T)"-;1'n r:-, 1,_,.',: " .'., ~ l~ \., -.. HKht.l-<'.l"~ 1.",. " '" 0 ;:> 4748 , C'l n' ,,,", ..'" 1., . vox C"'" of 8c,'",c.vu., 'OJ Clearwater, Florida 33518 RETURN TO: CITY CLERK p O. '10:":' ~j \~ .i.T '~~ I R CT.T" , (~8) 07.0/000(f) , I I lC.R.3886 PAGE 723 IN hlITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. CITY " . By APprOV~;Z::ne: ~ttorney ~ Witnesses: :t~~ 7<~ <: Ji~~ ~~~.~ Ow)~ As to Owner STATE OF FLORIDA ) COUNTY OF PINELLAS ) * G. B. Weimer c:z 7u( J 7f-- /. I HEREBY CERTIFY, thalfc on this day of ~ ' A. D. 197;;L before me personally appeared ~~~-€e..*.--B~~..fl.e~lft, Herbert M. Brown, R. G. Whitehead and H. Everett Hougen, respectively /Cfflt~~ager, 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 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 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 Expires Sept. 29, 1973 b_...:L.d Rr I. . & r' .& ~.!litah, ~!. x4~;~ . ~ ._~ .~ (j,~/,"-" - ,. " '.)) " t'~ ~:, ~ -1 J.. . ~J - '~ ,,>', <:I V ! " - i-j -...:~_ ,j":-,,,_,."j -"4. ~' 'fII'"., ......' ~i",;, ~ . v . I STATE OF FLORIDA --C'OUNTI-'Or--PINELLAS ) -r - Before me personally appeared to me well kno\vu and known "to me to b the individuals described in foregoing agreement and acknowledged before me that they executed therein expressed. WITNESS my hand and official seal this Jr-d " day of ~~' A.D. 197.b' /~~:':.~>~ ' .~~:<<, 4~ k>-tf.~~ ~t~y...~.1f~fk~ My Co~nission Expires: Notary Public, state of Florida at L:arge My Ccmmi~':ion E;.wlres Oct. 30, 1973 8QI'H':f1 I:'y ';i::1:3I1lCli.!:1 il1~t:lr8Ree ~tl; \.