SIDEWALK AGREEMENT (93)
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T1IISAC&EEi'lENT, flade ilnd enterccl i uto I:hi s
and bet'lveen the CIty..!,)? CLEAlZIVATER, FLORIDA,
as "ei ty"; and Thomas J. Maas & Barbara K.
11 S "O;vne r " ;
19th clay of ____,,_ May_______,___ , 19 72,
~-;~::::1l1 i"ZTpal:'corpor aUon, IJcreiunfter re fc1'1"O'('--'
Maas (His W~fe) hereinafter referred
\HTNESSETrI:
HHEREAS, the O\vncr mvns the fol10Hing described real p:'operty situated in the City of
Clearwater, Pinellas County, Florida:
Lot 9, Nlock
1721 Flagler
#7'
32, Highland PlnesASubdivision
Dr., Clearwater Florida
and
HHEREAS, Ordinance No. ,1219. of the City requires that all land that abuts a public
right of Hay, which is to have ne,v cons truction on it, ei ther for residential, conuh'.rcial,
industrial or other purposes, shall have sicle\-l.cllks constructed by the owner on, i::1CrOSS or
adjacent thereto; and
HHEREAS, the O\'111er is erecting certain new construction on said property and has
requested the City at this time not to require the immediate installation and construction
of sideHalks in connection therewith; and
HHEREAS,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 sidev.'a1ks inunediate1y 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 g;ood and valuable
consideration bet\veen 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 siclevJalks
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 Ovmer, 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 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 ,,,ith 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,
successors or assigns.
6. All notices pursuant to this agre~nent shall be furni3hed to the respective parties
at the following addresses~ until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City }1anager
P.O. Box 4748
Clearwater, Florida 33518
RE::;'Jr\DfC
~jNtLLAS. co. FLORIOA
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CLERK ClrrUIT COURT
Owner:
HAT 263 56 PH III
Mr. & Mrs. Thomas J. Maas
2544 Forest Parkway South
Largo, Fla. 33540
RETURN, TO:
CITY CLERK
P. O. BOX 4748
r" ",- \,;.\'C'~;. FL.'\., :~'-1~
This instr1l1ilcnt V:,~.:l prepared by:
HERBERT =:1. I:nc \'/;':, C:ty Attorney
City c.f CI€al'w~~~,-;', j?, O. Box 4748
Clearwater, Florida 33518
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the
C 1'1'Y OF
By
Attest:
APproveda~.'o. fo-~.tnes" I'
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CJ.ty Attorney
\-Ji tnesses:
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Own~
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As to City
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As to O\vner
STATE OF FLORIDA) ,
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this --..i!- 6 __ day of ~ ~ > A. D. 197 ~__
before me personally appeared Merrett R. Stierheim, Herbert M. Browff, R. G. Whitehead and
H. Everett HOllgen, respectively City Manager, City Attorney, City Clerk and Mayor,.Cormnissioner
of the City of Clearwater> a municipal corporation existing under the la'lvs of the State of
Florida, to me known to be individuals and officers described in and who executed the fore-
going Agreement and severally acknowledg~d the execution tlie~eof to he their free act and
deed as sllch officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto, and the said agree'.lent 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:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared ~ r ~.Q:A~
to me ~"ell knmvn and known' to me to be the ind' duals described in and whO executed the
foregoing agreement and ackno,,,ledged before that they executed the same for the purposes
therein expressed.
wrTNESS my hand and official seal this
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day of .... :-" . ' .:.:.'. fi,...D. 197 ~
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Hy nission Expires:
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