SIDEWALK AGREEMENT (124)
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~jk;:\I~\~ iJ.R. 3970 PAGE 506
AGREEMENT
- TH;;' AGREEMENT, made and entered int' this I ~ t!: day of J!l ~ , 19R
by and bet\Jeen the CITY OF CLEARWATER; FLORIDA, a municipal corporation, hereinafter referred
to as "City"; and Willie Lee Sutton and Bernice Sutton, his wife, hereinafter referred
to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lots 9 & 10, Block 3, CARTER, HONAKER AND BARE'S lTLINCOLN PLACE
ADDITION TO THE CITY OF CLEARl,oJATER IT, be ing part of the Northwest
\ of the Northwest \ of Section 10, Township 29 South, Range 15 East,
and as per plat recorded in Plat Book 3, Page 27 of the Public Records 01' Pinellos
WHEREAS, Ordinance No. ,1219 of the City requires that all land that abuts a publi~ounty,
right of way, which is to have new construction on it, either for residential, commercial~~a.
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 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 det2rmined
that it is advisable and necessary to have sidewalks installed in connection with said
described real property.
3. The O;vner 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 a~signs 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 re~l 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,
successo~s 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 addres~:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
ilECO!i[)Fv
PINfllAS ce. FLO~:OA
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CLERJ( CIRCUIT COlJRf
Owner:
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This instrument "'{IS prepared by.
HERBEHT lVI, BROvVN ('}'t- A '-I. .
C. ,.', ,',' ."~.)' ~,-,.orney
~Jty of ,C]cul'vp"-eJ' 1-' 0 ,I~' 47
q,L" . . lOX 48
Clearwater, Florida 33518
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 3~jG18
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(J.R.39iO PAGE 507
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rrr 'HT~ESS ~'HEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
By
Approved as to form and correctness:
.~ </~;:~ ~
City Attorney /
Att;y~.
.' , ' City Clerk ".','
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Witnesses:
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Owner
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STATE OF FLOR IDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on thl.s /tJ day of ~~ ' A.D. 1975
before me personally appeared Nerret~ R. Stierheim, Herbert H. Brown, i:7'-G. Whitehead and
H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Mayor-Commissioner
of the City of Clean-later, a municipal corporation 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 acknm.;ledged the execution tt.ereof to be their free ac t and
deed as such officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affix~d 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.
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My Commission Expires:
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My Cur.1;;;~$";ion txp:re, Sept. 19. 197.)
~g,c~4 ~)'_ bJ'",-e_ri~~n fj,_~. ~ ~aSiJullY Co.!,
STATE OF FLORIDA )
COUNTI O:e::::L:Sperso:al1Y appeared~;t. .S:H~.; ~~u~:J.X;:)
to me well known and known to me to be the individuals describ~d in and who executed the
foregoing agreement and acknowledged before me that they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
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A.D. 1971,
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My Commission Expires:
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11, ("'.;;l~";,:i.~!\~~"".." 'M'? 7~ 1975
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