SIDEWALK AGREEMENT (27)
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RECORDED
PINElLiS CO. FLORIDA
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CLERK CIRCUIT COURT
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oJ, 3669 PAGE 857
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AGREEMENT
THIS AGREEMENT, made
by and between the CITY OF
hereinafter referred to as
hereinafter referred to as
and entered into this 25th day of Au~ust ,197 L'
CLEARHATER, FLORIDA, a nunicipal corporation,
"City"; and Walter Kunelius and Mae Kunelius, his wife
"Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas County, Florida:
2455 Chaucer Street
Lot 4, Block A
and Gulf to Bay Acres, Subdivision . ,
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 installa-
tion 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 neccessary 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 fall to do so
then the City may have said installation made and impose a lien against the
described real property for the cost thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable condideration 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 ~equire the installation and
construction of sidewalks as part of the e~ection of the buildini 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 neccessarv to have sidewalk,
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assi~n
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
inst_alled and assess and impose a lien against the described real property for
the cosr of- the - work. . - --- - .. -- - .---
5. This agreement 1S to be regarded as a covenant running with the land,
regardless of whether it is specifically mentioned in any deeds or conveyances
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: Owner:
Mr. Merrett R. Stierheim Walter Kunelius
City Manager 2458 Shelley Street
P.O. Box 4748 Clearwater, Florida
Clearwater, Florida 33518
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'D.R. 36.69 fAl1858
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- -- ~~N WITNESS WHEREOF, the parties hereto have
executed the and year last above written.
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to be
FLORIDfl
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Approved as to form & correctness:
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~J. ty . ttorney
Witnesses:
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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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NotaryPubll.C
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My (offic;.is:i';;;l hpires Od. 22. 1914
Bonded by American Fire & Casualty Co~
STATE OF FLORIDA )
COUNTY OF PINELLAS)
B~for~ mepersonally appeared tf!J~ ..t~__~~_!0._
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknovl1edged before rne....that:.,1;:hey
executed the same for - the purposes therein expressed. ,:.~' .~.~;,:,'.:; ,j'. -
WITNESS my hand arid O~fi~ial seal this~Pday Of!fj~~~!i$V .
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This instrument was prepai'ed by:
HERBERT M. BRO \'{~'-r, C;ty Attorney
City of Clearw"Lr, P. O. Box 4748
Clearwater, Florida 33518