SIDEWALK AGREEMENT (146)
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THIS AGREEMENT, made and entered into
by and between the CITY OF CLEARWATER, FL
hereinafter referred to as "City"; and
hereinafter referred to as "Owner";
AGREEMENT
WITNESSETH:
WHEREAS, the Owner owns the
the City of Clearwater, Pinellas
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and
following described real property situated
County, Florida~ ~~? ~~~
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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 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 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
--:t: ~ o&iescribed real property for the cost thereof;
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~ ~~ NOW; THEREFORE, in consideration of the foregoing premises and other good
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a ~ ~nd valuable cons~derat~on between the partles, recelpt of WhlCh is hereby
..-:: 7b.cknowledged, the parties hereto covenant and agree as follows:
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.~ ~ 1. The City will not at this time require the installation and
~ $Boonstruction of sidewalks as part of the erection of the building and
~.; g~mprovements by the Owner on the above described real property.
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~ b:i 't: [5 2. The City may at any time in the future notify the Owner, his heirs,
}~ ~ ~ersonal representatives, successors or assigns that the City in its sole
;~6 discretion has determined that it is advisable and neccessarv to have sidewalks
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~ installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, 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
in stall e d .and.-a s se 58 .... and- impose-.a., l-ie.n--a.gains-t~t-he-d.e.scr-ib-ed_ :pea-l-~pp0pe.p.:t.y.-f ().p...
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: Owner:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
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execute
WHEREOF, the parties hereto have
and year last above written.
be
Witnesses:
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this ~l~y of ~~~ , A.D. 1971
before me personally appeared Merrett R. Stierhelm, H;rbert 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 there@f to be
their free act and d~ed 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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My Co~ission ~xpires:
Notary Public. Slilte of FlOrida at large
My Commis~illn .Expires Oct. 12, 1974
D I j Ll A - :-...- t::..... R. Cactl.by Co.
STATE OF FLORIDA )
COUNTY OF PINELLAS)
n---Bef'oreme--p-e!"S-ona~~y~we-ared--saUlU~l-campaKllil. ---'jr;- .~clUd-Helell C. CaI1\D4l!:n4. his----,
wife
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
WITNESS my hand and official seal
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MY::Commis iOIi;'1:xpires:
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