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SIDEWALK AGREEMENT (94) '..!' ?'" I G~' ( I 7206624~' AGREEl.1ENT -- I~ I ~ .,,7 r~ lq" ~ G.R. 3798 PAGE 221 ~.' ''l'';HIS AGREEMENT, made and entered into this 19th day of May , 19 72 by and bd:\\leen the CITY::OF CLEARHATER, FLORIDA, a-;;unicipal corporation, bere{;l-;:'her--l:~cferr-;;r-- to as "Ci ty"; and Thomas J. Maas & Barbara K. Maas (His Wife) hereinafter referred to as "Ot-lne r"; WITNESSETH: HHEREAS, the (}"mer owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: Lot 8, Block 35, Highland Pines Sub. 1727 Flagler, Clearwater A 1f1 and WHEREAS, Ordinanc.e No. .1219. of the City requires that all land that abuts a public right of \-laY, which is to have n21.'l 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 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 side,_alks inrrnediately 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 valuable consideration between 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 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, successors or assigns that the City in its sole discretion has detE~mined that it is advisable and necessary to have side1.valks 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 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 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: Mr. Merrett R. Stierheim City Manager P.O. Box 4748 Clearwater, Florida 33518 REC1):WEC- PINELlAS co, FLORIDA ~~~"H...I~ CLEf\K CIFCUIT COURT Owner: Mr. & Mrs. Thomas J. Maas 2544 Forest Parkway South Largo, Fla. 33540 NAY 26 3 S6 ," '12 RETURN TO: CITY ,CLE~K P. O. BOX 4748 CLEARWATER, FLA. 33518 Thi-s instrument v:ns prejJared by: HERBER1' M, IlRC \'-:.f, C:ty Attorney City of Cle:l.l'watu'. iJ', 0, Box 474~ Clearwater, f;'!iJj'ida. &351,,Ij rJ '1~tJ03 (9) (j) .- .....-. -:-- I I O.R. 3798 fAGE 222 ..' IN vlITNES::: \'HIEREOF, t.hc, parties hereto l1(1V, , (",-".d: ::Lc:;,,' presenl.::', [:(j bE' exec: (','ll the day ~:Ll1d ~{ear 1<'::8 t abc,\-rc v,7ri tten~ by CITY OF City Clerk ____I Hitnesses: f;:-~~ ~Ch.~~J ~. '1'\\Qfi~ O\,me r As STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this ;2 (. day of h...../.'._ . .. , A. D. 197 ~ , before me personally appeared Merrett R. Stierheim, Herbert ~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 lmvs of the State of Florida, to me known to be individuals and officers described in and \\lho executpd the fore- going Agreement and severally acknowledged the execution the:ceof. 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 Clean\later in the County of Pinellas and State of Florida, the day and year last above written. My Corrunission Expires: N t .-ry'. Public State of Florida at large o a , . . ;29 1973 My (ommlsslonExlJlles StIlt. . Bonded By Amelitan Fhe & Ca$ualty Co. 'I'll STATE OF FLORIDA ) COUNTY OF PINELLAS ) ~~ !l }//cu:tA_ thp same for the purposes WITNESS my hand and official seal this /9-d . day of 197b ~...::;? l t 'f '- . :',2,'\ ~~.~ iii -~. i '::".\7c /~ / t; ': - ,10 Not t~r.Y "~I'Ub'l:t?\"\ ,."'..... ";I"I;~; " ~.? '../ ~,,~,.\..)."'.,. ;~I;nn"~\.~.'\ :My COlTUnission Expires ~ Notary Public, Stat~of Flonda -?t I ~~.... !My Commission Expires Oct. 30, 1 ;;13 _8onded by Transamerica Insurance Co....