SIDEWALK AGREEMENT (94)
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AGREEl.1ENT
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~ 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)
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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:
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~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 )
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thp same for the purposes
WITNESS my hand and official seal this
/9-d
.
day of
197b
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:My COlTUnission Expires ~
Notary Public, Stat~of Flonda -?t I ~~....
!My Commission Expires Oct. 30, 1 ;;13
_8onded by Transamerica Insurance Co....