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SIDEWALK AGREEMENT (11) 7S0af.lb13 M;!{I<i-:t,IENT .u.._R~ 4268 PAGE 724 I TlIl~; M;l{j';EHlmT, Inaclc and ellll'rcd into this ____?JJ:~___day of. Februa.!:.L-_______, lCJ 75 fry ilncl bctwc('J1 the CITY OF CLE!Il{WATER, FLORl.UA, a liIunic1pCll corporaLion, her(~inaft~r referred to as "City"; and Willi~~_-p~_Stone__a~d Fedna.Z.Stone Shis _'.'1..!i..~L____ her('inilfter re[e]~red to as "Owner"; WITNESSETH: WIIEI{,EAS, t}w Owner owns the following described real property situated in the City of Clearwater, Pinellas County, F10ri_da, to wit: And 385 Elizabeth Ave. M & B 17-29-16 WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land that abuts a public right-of-way, which is to have new construction on it, either for resi- dential, 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 ex- pense, 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 in- stalled 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 rnentioned 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: City Hanager PO Box 47/~8 Clearwatej., Florida fir~GAPEL . t'i"'f.~ b.A$ eo, FLORIDa Owner. ~~~m"'-Jb.L~ Qk~"K UI\':I;IJ CC';J~1 Mr. William D. Stone Mrs. Fedna Z. Stone 385 Elizabeth Avenue Clearwater, Fla. 3351R ~~H IZ 25jPH'15 r; c~.. \~' (~l / ~>3 -1- 'fl';" Iip,1 '['!h :. J): ,I ~-..l. , 1_', T-: ",' i', ',' City cl~ '(',; Clear~\"'lt, '..: Coot, /-i .'..; j) ~'(-"" .~) n.: I 1 T.~'r '_~ <'_ (,I ';' ~ ')' Colly A , O. r .:{ ~l?.:1J ':~:;')J8 ., RETUR.N TO: CI'I'-:{ C_5:2 T( CLEAJ:-;'/",. :~:~= 18 u~' (3) 01 031 CO -" ~ executed I IN W1.Tr~E~;S ~JlII':l:{FOF, the part ies hereto have caused thesE' the dilY and year lClrJt above wri.tten. I .o.J. 4268 PAGE. 725 .:. presented to be Approved as to form & correctness: .. /i./. ,,::r ", ""~:'(/ Counter1>igned: q~~~ By ~.' ~'" " l . 'l"" . ':I. : {':},:,-:; :z(~~~ Witnesses: -di;;~;tf~ As to City ~ ..~~ -%! ~~y~~u :~#~ v N...vI {) - 5lS -r... ( SEAL) )(.1 ~ J. 2to:..wAL) Own e r STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this before me personally appeared and ~L~ ~~~ , respectively Cit M nager, City Attorney, City Clerk and Mayor-Commi ioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto d~ly 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 and State of Florida, the day and year last . d_ I.; \',! 11 ! I 4 i, ~ t ,t~'-'-, ", 1 II" seal at Clearwater in the C.tf~,.o'f..4>am'&nas . t.."-'- f 0."," '<I. ~ ,,:) -", above wrltten. 1:"/ '.) i '; n ""./;~:, '-1 ~ J /> k:kt2~~'J/I/'~ i: ..: I'\/gIA1../~a~~~l1'~",' /'(/"/ "'//.:/ f C).. \?::).....,...'. J '::-' ~\ ..: t" ,- ';"J \" I; ., l "".~ ~ ,;." . <'1,,- My Commission Expires: Notary Pubn", Stale of Florida at large My Commission Expi.... Sept. 29. 1977 Bonded by Amencon fl,.. /to C........II') (;e. STATE OF FLOHmA ) COUNTY OF PINELLAS ) Before me pcn;ona 11y appeared uJIL.Lh9M D. Sral'lE ,. ;:Et>NA 2, S7Z)NE to me well known and known to me to be the individuals described in and who executed the foregoing agreement and acknowledged before me tllnt they executed the same for the purposes t.herein express(~cI. HITNEf;S my hand and of[ ic ia 1 sea 1 this~z:d day of - 2- 1 'i .. Jl.ETLTRI"l TO: C~T'Y C 'ft ~ r., ~ "f,~.~,::r,>:-<'~~--~,~"~( "~ :!,:~,.'~~ &~~~ ~.~. AT~l{, 1!.L4. 19 7.5' My Commission Jo:xpl.rcs: ~,. ~ETURN1't). CITY Cr.J-"Ti1{ NOTAlr/ pUBue ~TATE OF FlORrOA AT tAi!C~ per ^,. M.j COMMiSSION EXPIRES JAN. 25, 1977 ..."'c .,. .' ~n""'T ""'U -'..OLeA C'f.W" "P.1 ., ...;.:.!_.~~"'l.-Llt-:0.LL~/>.t, :U.l.:lDIRWP,I''ltt'!-'c.:. >. , J ),I'J '. ,;~,,::.(':;' by: '/'1 ;'l .\":';jfney Citye;f :', .i. c;. Lux <748 Clo<1l'wat0l', Florida 3:.>S18 ;:.:.' ~',~ ".".' .".,'1> J,J&l_~