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SIDEWALK AGREEMENT (25) I tI302G.421 flt( .,'" \+~8 PAGE G~)~ ~. day of February, , ,19 73 corporation, herainafter referred hereinafter referred I 908 AGREEMENT THIS AGREEMENT, made and entered into this 15th by and between the CITY OF CLEARWATER, FLORIDA, a municipal to as "City" ; and Thomas Agius & Paula Agius (His Wife) to as "Owner"; WITNESSETH: WHEREAS, the Owner owns the following described real Clearwater, Pinellas County, Florida: Lot 14, Block C., Gulf to Bay Acres.. 2484 Whitman Street, Clearwater property situated in the City of l!t14 ~eC 1~.~9-1& 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, 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 sidewalks immediately 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 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 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 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 Owner: i!' at ... ......:; z: C1D:a ~ . ~ ,.... n ;:=, I\>> :it - .td1;~' ~ :;:} .-:.,,:' .-:: 'C; ~c; - ::;j"',t, ,,'''''-,:'?,: ~ n .::~- _ >0 '.~ -- c:' ;:;/ .. ~' 'S .....:t .....f . ~ Mr. & Mrs. Thomas Agius 2484 Whitman Street Clearwater, Florida '7' RETURN TO: CITY CLERK P. O. E<lX 4':';~3 CLEAR\v i\.. F'LA. 33518 Th.~,(1 i[-~,~h.,>:j.",~_l (-:nt ~7-..'),'4 HL CJ/ l' Cle~~.r '.v ~1 L C.~', (-_~'. }~c"x /17,48 :::;'luL',ida 32,518 Oi-O$~-ooLi) - J I o.R.3998 PAGE 909 IN WITNESS WHEREOF, the parties hereto have caused these presents to bee~ecuted the day and year last above wri tten. CITY OF ~A By City Manager Appr.~ved ,as,.. t~.eorreetnes,s, :" (/~/h "..~. City Attorney , ~ Atte~ City Clerk Witnesses: ,7}(~ ~~~7A~ ~~~~oA~ AsVt City , ' ~~. As 0 ~er _1f2~~ STATE OF FLORIDA ) COUNTY OFPLNELLAS ) 02'id 7 /. " I HEREBY CERTIFY, that on this day of ::;-~ , A.D. 197 3 before me personally appeared Merrett R. Stierheim, Herbert M. Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipalco~poration existing under the laws of the State of Florida, to me known to be individuals and officers described in and who executed the fore- going Agreement and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said agreement is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. MY Commission Expires: " " ot' fbida at large Notary Public, Stat...., ",.; 29 \973 r' C6fRRai<Cti:'\n EA)~i'",S u..~~'" t, 'rn \l\Y dO, A" maritan. t.ir.e, "'- ,- ....- . 60nde oy -- _.1 1~)~~"~ N ~arip~p]):<: ~'~: ..'~~ .. -"'''.'::'-." ;:. .....~ ~ ../ <~ ------ \ '~ STATE OF FLORIDA ) - COUNTY-nOFPTNELtAS~-'--) Before me personal~y appeared 7#t:JM/lr;I?6-/tJs I'&O;(,J? 4/,Q_$(fs tUFE) to me well known and known t;o me to be the individuals described in and who executeQ_{! J,e foregoing agreement and acknowledged before me that they executed the same f.sic:~~_..~?6~s therein expressed. _ _ -" ~ _e"" WITNESS my hand and official seal this /sr# day of re8Ruj;~:'-;".D; ~973-. '~- :--~ .~ --' - ....,-~ . - - ~.. ~~ - - ' ."- ' . ' : ~" ~, ' . "'~ Nota P. lie My Commis~ion Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE! M~ COMMISSION EXPIRES JAN, 25, 1977 Anr.JnFn T~IJII r:Fl\.I~DAI It..fi'1t? A ti(;:[ I:JJ ~B(Rl\'RIT[R:' ~