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SIDEWALK AGREEMENT (9) P- ",:, (.U.A^- / .;J ~:w ) .':.-, ..1 I 72135947 I /0 - -:a-()- '7 Z- /.(j. > ~t.(, THIS AGREEMENT, made and entered into this 6th by and between the CITY OF CLEARWATER, FLORIDA, a municipal to as "City"; and :E~~asac~~~ to as "Owner'l; William R. LaRosa and Morris M. Crisler AGREEMENT O.R. 3910 PACt 72 day of October , 19_~~ corporation, hereinafter referred hereinafter referred WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas Cou~ty, Florida: Lot 1, Block 12, Lot 3,~. Block 1 and ~ l.1ilton Park 1231 ~wing street and WHEREAS, Ordinance No. -1219 of the City requires that all land that abuts a public right of way, which is to have l1e\v 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 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 parL 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 iQ its sole discretion has determined that it is advisable and necessary to have sidewalks L1stalled 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 ~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 \vithin 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 Hanager P.O. Box 4748 Clearwater, Florida 33518 A"OROEO . "MELLAS CO FLQf<.IIA ~ .. ~_t('~.,- '" l'Ull CIRCUIT COURT let 3G 2 JO rM 'lZ vV:a. ~ ~ / if U{,{~~ 'rhis Instrument was prepared by: HERBERT M. BIWWN, C:tt Attorney ('itv cf ('1 ""t \",,[<,1' P. O. Box 4748 ) v, Cle:l:~~';t~l:: Florida 33518 1201 S. Highland Ave. Clearwater, Florida 33516 RETURN TO: CITY CLERK P.o. BOX 4748 CLEARWATER, Fl;~;~3~;~_()O (~)@ .. -. I I U.R. 3910 PAGE 73 IN WITNESS \o.THEREOF, the parties hereto have caused these pres.~nts to be executed the day and year last above written. ..,.,,; CITY /' ~ORIDA City Manage:1\' By . '..' i, ~ " '~'. v .1~- .C~ 1-/ ~1.. ;. t$u2 ~ (yA {~, i ]iLt/U~ ..~~ Ownet;' Wi tnesses: STATE OF FLORIDA COUNTY OF PINELLAS ) ) *Guy L. Kennedy, Jr. I HEREBY CERTIFY, that on this '60 day of ~ , A. D. 197 .2..- before me personally appeared Merrett R. Stierheim/CHe~-e-M:"".1J.t''6wn, R. G. \\Thitehead and H. Everett Hougen, respectively City Nanager~&@i1ty AttornE-Y, City Clerk and Mayor'-CcIT'.missioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florioa, to me lmo,m to be indivic1tli'lls and officers described in and ,.]ho 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 tl-at 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 :bf Pinellas and State of Florida, the 'day and year last above 'vri tten. "~'~';"~~~'~'}';\l.' _, . , ,. lI.f.~, I. - """'J ,"'~I),~ ",..",,~ ~ '\J '. J. f;,IVj,,< ~~ ~J~C"UOU'-"~'u ~;i~~. ::- . 00' ~-l ; 1';;. .\~ '::' : ~i-"" '.. ,~ ~ V-' -;:;' NiH:glty .Ptl'ihd!~G, ... ~ V!,. :, tV . "1~, I .'J ": '.~ \1.'\ t. fy I ',I" :: ~v'" ~ ~ Q", ""'- '...... j\ ~ t~~_ c> o..~ ~" ,_ .fil,. .' 41 ~ I.l;.. oil ~ ~ :. ..'" \" , "'~'~;\'J') Q , /\' ;.. 11,., My Commission Expires: Notary Public, State of Florida ~t Large My Commission Expires SCDt. 29 1971 __ '.9_~ded. .B.Y. Americ;an. fire & Casualty Co. STATE OF FLORIDA ) COUNTY OFPINE1LAS ) . . /J .... Il !/ Before me personally appeared 11. t. X /IV /? ~ r JJf-~ ~ to me well known and known to me to be the individuals described 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 7A /1'- day of #-J~ A.D~ 1971:::::::- . ': f#~ , Notary pul>1ic .,.:'..,<.,' My Connnission Expires: _?'~t:,!' \.:~>1' r:\.--,>~> -'~~'."'" ._," -.... '_J. ..' ~ ..,_, ~"")'Y' t.:.'::!",!, '. ..~:< ,'" , ' '.'" ,Ec.m(i'cd !~;L; [I: ;; ~., p", .q' ,t' :.:,.. ':.).