SIDEWALK AGREEMENT (112)
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C.R, 3550 PAGE683
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MAY Z8 4 o2fM '71
THIS AGREEMENT, made and entered into this
by and between the CITY OF CLEARWATER, FLORID ,
hereinafter referred to as "City"; and .,
hereinafter referred to as "Owner";
AGREEMENT
WITNESSETH:
WHEREAS, the Owner owns the following described real property si.tuated in
the City of Clearwater, Pinellas County, Fl~rida:~ /~I ~~
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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, commercial, industrial or other purposes, shall have sidewalks
construc~ed 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 instal~a-
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 it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification 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 thereof.;
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. F~ NOW; THEREFORE, in consideration of the foregoing premises and other good
$~ and valuable consideration between the parties, receipt of which is hereby
~ ~~cknowledged, the parties hereto covenant and agree as follows:
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~ 0 0 ~ 1. The City will not at this time require the installation and
0.'7- ,,' ~onstruction of sidewalks as part of the erection of the building and
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~2 t~; ,.,SLmprovements by the Owner on the above described real property.
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8 ~::1 .~ ~ 2. The CJ. ty may at any tJ.me J.n the future notify the Owner, his heirs,
8~~ ~1fersonal representatives, successors or assigns that the City in its sole
~~~ ~iscretion has determined that it is advisable and neccessary to have sidewalks
S~~$nstalled in connection with said described real property.
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'~~E 3. The Owner or his heirs, personal represenatives, successors or aSS1~ns
~~u 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 as ses s and impose alien-a-ga-i-ns't---the -deseribcdrealc~cpr0pe-rtyfor
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, thei
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: ~wn :
M~. Merrett R. Stierheim ~. .
CJ.ty Manager .
P.O. Box 4748 /)1
Clearwater, Florida 33518 /f1~ ~
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these p~e$ents to be
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IN WITNESS WHEREOF, the parties hereto have caused
executed the day and year last above written.
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FLORIDA
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Witnesses:
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, th~t on this ?--1~Y. of ~~ ,A.D. 197 L,
before me personally appeared Herrett R. Stlerheim, He&.l3'er't M. Brown,
R.G. Whitehead and H. Everett Hougen, respectively 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 there0f 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.
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otary Public
My Commission ~xpires:
Notary Pub!:c, Stilte of F10nda al large
My Commission Expires Od, 22, 1974
B_. J J II. A - :....... t:rA R. Ca"lIahv Co.
STATE OF FLORIDA )
COUNTY OF PINELLAS)
B~f6t'e-JIle.-persbtiallY appearea n.Samuer-C:-C-a:mpagna;Jr ..- ancrnHerenc-~---cam1>aina.
his wife
to me we'11}<nown and known to me to be the individuals described in and Y1ho
execu~e~the_foregoing agreement and ack~owledged before me that they
executed'lt,he, 'J;;ame for the purposes thereln expressed.
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,WITNI;SS my hand and official seal this~day of
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May A . D . 1
My 2mrn~ron
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Expires: