SIDEWALK AGREEMENT (149)
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. ? O.R. 3798 PAGE 251
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Jc- TInS AGREEHENT, made and entered int':l this 8th day of May , 1972
by and Dct\,Jeen the CITY OF CLEARWATER; FLORIDA, a municipal corporation, hereinafter referred
to as "City"; and Spiewak Construction Company, Inc. hereinafter referred
to as "Owner";
WITNESSETH:
HHEREAS, the O\vner owns the following described real property situated in the City of
Cleanvater, Pinellas County, Florida:
1100 Saturn Avenue, N., Clearwater, Florida
Lot 30, Block 24, Highland Pines, 8th Addition, Pine11as County
Rnd
WHEREAS, Orclinn!1c(, No.l2l9 of the City requires that aU land that abuts a public
right of way, which is to have new construction on it, either for residential, conunercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
WHEREAS, the O\mer is erecting certain ne\oJ construction on said property and has
requested the City at this time not to require the immediate install[ltion and construction
of sidewalks in connection therewith; and
HHEREAS, the ~vner 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
O\mer ~vill, upon notification by the City, have sidp\valks immediately installed at his
expense, and if he should fail to do so then the City may have said installation made <lncI impose
<I liel1 agniniJt t!1(' described real property for the cost hereof;
NOW, TIIEREFOHE, in consideration of the foregoing premises and other good and valuable
consideration bet\oJeen 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 side~valks
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 ~~1er or his heirs, personal repre8entatives, successors or assigns shall
fail to have sidewalks installed for the described real property in accordance with Cit~
specifications and standards within ninety (90) days from the notification by the City,
then the City may have the sidc\-lalks 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, personalrepres~ntatives,
successors or assigns.
6. All notices pursuant to this agreement shall be furnished to the respective parties
at the following addresses. until receipt of writtcn instructions notifying the other party
of a different addresq:
City:
Mr. Merrett R. Stierheim
City Managcr
P.O. Box 4748
Clearwater, Florida 33518
RECQrIDl!O
PIIHiLLA.$ CI), fLORIOA
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CLERK CIFCUIT COURT
Owner:
Spiewak Construction
11815 Hwy .'" +9, S.
~learwater, F1Q!ida
Co.
33516
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MAY ,6 4 01 f" '7Z
This instrum'C'nt ,.'n, pre:;Jared by!
HERBE'::~T I:, T, City Attorrey
City cf Clee ','/:,~ r, i. U.:::::cx 4'l48
Clearwater. Florida 33518
t' RETURN TO:
v CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA, 33518
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,O.R. 3798 PAGE 252
_ IN- \-iITNESS WHEREOF, the parties hereto have caused these presents to be executed ,the
day and year last above written. .
CITY OF
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CLEARW;lt?:~~t~~c
C~;ty: Manag~r,
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By
Approved as to form and correctness:
~4L~L-,
City Attorney
Attest, ~........ .......'.......... .......... .' I.". .... .
A3.~#<
f',C~tyClerk . " ,
Witnesses:
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Spiewak Construction CntiiiOOri' ~."'~ . '',p-;.;,
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( As to Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this ~.3 ~ day of '7n ~ ' A. D. 197..:2.-
before me personally appeared Merrett R. Stierheim, Herbert H. Brown, R. G. Whitehead and
H. Everett Hougen, respectively City Hanager, 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 kno\oln 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 municipal
corporation is duly affixed tllcreto, and the said agreement is the act and deed of said
corporation.
WITNESS my signature and official seal at Clearwater in the County of Pinel1as and
State of Florida, the day and year 1ast'above written.
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My Commission Expires:
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.... Commission. ,'1. f~'''' I). C.,ua\ly Co,
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STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personally appeared '''^ Clarence S. Spiewak
to me \VeIl known and known to me to be the individuals described in and who executed the
foregoing agreement and ackno\Vledged before me that they executed the same for th,c,'ptirposes
therein expressed. _, "
WITNESS my hand and official seal this
8th
day of
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