SIDEWALK AGREEMENT (151)
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AGREEMENT
'THIS-' AGREEMENT, made and entered into this,,--? day of d::? , 19? ~
by and between the CITY OF CLEARWATER; FLORIDA, a municipal corporation, hereinafter referred
to as "Ci ty"; and William M. Rowe Jr. & Marcellia Q. Rowe (His Wife) hereinafter referred
to as "wner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
Lot 19, Block C, Highland Terrace Manor
1470 Parkwood, Clearwater, Florida
and
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 wner 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 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 O\vner 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:
.'f- "1=,":
PiH<::LL':~S ':;~. f LN\IDA
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CLr:f(~ (iil J': COURT
Mr. & Mrs. William M. Rowe, Jr.
1723 Winfield Rd. No.
Clearwater; Fla. 33516
MAft 30 4 11 PH '7Z
RETURN TO:
CITY CLERK
P.O. BOX 4748
CLEARWATER,FLA. 33518
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:O.R. .3755 PACE 679
tN WJ1NESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
By
iJJ4yt fDA ,
City Manager ..
-
Attes.t.
City Clerk
~23;~S:
'City Attorney ~
Wi;#rc<~,
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gy
4~
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As to Owner .
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wner
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this .2.9a day of ~~ .. A.D. 197~
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 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 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 agref.ment 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:
Notary Public. State of Florirla ilt Large
My Commis.io;', r::qir;:.i :J.;pL 29. 1973
........... bn.~uq U ~1.'l~1_1~ _/~ ~ .Fa~~_~I". ~~_
t'4,:,''':'''
. STATE OF FLOR IDA )
COUNTY OF PINELLAS )
"J"#/ /J I) ~-,,~ "
Before me personal~y. appeared /{fL7/' ..-e~L.c:<.L I ~A..~
to me well known and known to me to be the individuals desc ibed 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
1 3.1.dl
~
day of,~';;;7f~~;j,:
--;~-'; .' '::::-i/(
A. D. 197 ;t...
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,// Notary:-:g,~~.~,~t;:.' /
M~~~.~:~.i~f~h,Ec~~..f,~,~~ ~t L;>r~,
"~I-":.."! \ ,:1,',:, ~':'c:r, :L">:PlrCS /__ .),1973
,Y,'1dE:G Gj Tr'll'samerica L'1:.urrJllce Co.
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POWER cfF AT"O~EY
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RAMeo FORM 113
That
power of illllorney
Inow ill men By These 'resenls
William M. Rowe Jr.
ha 8 made, constituted and appointed. and by these presents dies
make, constitute and ap-
point Marcellla Q. Rowe
true and
lawful attorney for
h1ms elf"
and in
his
name, place and stead
In all matters pertalnlns to Mal1loux Builders tor the periOd
ot one year tram ....rch 1'.1912 .
giving and granting unto Maro.111a Q. Rowe
said attorney full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to
be done in and about the premises as fully. to all intents and purposes. as he might or could do
if personally present, wilh full power of substitution and revocation. hereby ratifying and con{irm-
ing all that
Marcellla Q. Rowe
said attorney ti
~ shall lawfully do or cause to be done by virtue hereof.
In ~ilntss 'bfhtrtof,
I
have hereunto set
JD7
hand
and
seal on the tour'aenth day of March
, in the year one thousand nine
hundred and seventy- two
Sealed and delivered in~he resence of
.,-- . ')
mA4;~'-'-la:'J-~kiL~~-
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-, ~
.tLi~.~.--._. mn.... - m.m hh_ 'h(L. S.)
'statt of JPLCBIDA
lounty of Pinellas
It It J\nown, That on the tourt86l.nt.l1
!
day of
Maroh
one
thousand nine hundred and .event7 two
, before me,
a
ftbtary pUblic
in and for the State of Florida
duly commissioned and sworn, dwelling in the
county of Pinellas
personally came and appeared
William M. Rowe Jr.
to me personally
known, and known to me to be the same person described in and who executed the within power
of attorney, and
and deed.
he
acknowledged the within power of attorney to .ue.'
h--is
act
.'
. -
In Ttstimony Uhtrtof, I have hereunto subscribed my name and ~ffi4ed .~y s.~a~~of office
..... : . - ~ -
the day and year last above written. .n"~~;Y-'P~!;~~:-St~~~'rg~~::'~-:::ft... S.)
.~ ..' .~
My Commis5ion Expires May,~ 1~7!'''' , . .
md~cI ~)' l'>rnorico.rr Fir. " Casualtv ~