SIDEWALK AGREEMENT (87)
AGREEMENT
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~/~~3994 PAGE1954
THIS AGREEMENT, made and entered into this 5th day ofT'ehruarv , 19~
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter ref~rred
to as "City"; and .1 Caron na &; Helen C. CaT"lnaf'"na (x'7ife) hereinafter referred
to as "Owner ";
WITNESSETlf:
WHEREAS, the Owner owns the following described real
Clearwater, ffiff ~~ FlO~.
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property situated in the City of
and
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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, connnercial,
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 innnediate installation 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 necessary to have such sidewalks installed, that the
Owner will, upon notification by the City, have sidewalks innnediately 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 valuabl0
consideratipn between th~ parties, receipt of which is hereby ackriowledged, 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, successl')rs 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 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 ~~~cifically mentioned in any deeds or conveyance subsequently executed,
and this agreement sh...-:.1 be binding on all parties, the heirs, personal representatives,
successors or assigns.
6. All notic~s pursuant to this-::::::,,- '-'..._-~nt shall be furnisr..ed to the respective parties
a.t tile fOllowing addressesll' until receipt of ...-..J.t:ten instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater,Florida 33518
This instrument
HEIlBrmT Iii,
City of
Clearwater,
was prepared by:
'. Attorney
, . O.Eox 4H8
Florida3R518
RETURN TO:
CITY CLERK
P. O. BOX 4748
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Owner:
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Q. R.3994rAGE1955
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
May
A,~~
I . City Clerk
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As, to. Cl. ty,.
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As to Owner
STATE OF FLORIDA )
COUNTY OFPINELLAS )
I HEREBY CERTIFY, that on this Ie:. day of 7p/~ , A:D. 197 'S
before me personally appeared Merrett R. Stierheim, Herbert M. Dr';;';;:, R. ~ 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 individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution thereof. to be their free act and
deed as such officers thereunto duly authorized; and that the official seal of said :'1Unicipal
corporati9ri 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 Pinellasand
State of Florida, the day and year last above written.
Ka
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My Commission Expires:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me well known and known'to me to be the indiv duals described in
foregoing agreement and acknowledged before me that they executed
therein expressed.
ecuted the
or the purposes
WITNESS my hand and official seal this
s-d
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day of
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My Commission Expires:
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