SIDEWALK AGREEMENT (63)
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D.~. 3395 fAtt 49.2
~l0088688
A G R E E MEN T
TIns AGREEMENT, made and entered into this /5d day of ~~ 1970,
by and between the CITY OF CLEARWATER, FLORIDA, a"nlunicipa1 corpor tion, hereinafter
referred to as "City"; and George D. Gardner and Patricia A. Gardner, his wife,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the tAvner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida:
1612 Algonquin Dr., Lot 20, Block I, Sunset Lake Est. Unit 3
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,
conunerc~a1, industrial or other purposes, shall have sidewalks constructed by the
owner on, across or adjacent thereto; and
WHEREAS, the tAvner is erecting certain new construction on said property and
has requested the City at this time not to require the irlUl1ediate installation and
construction of sidewalks in connection therewith; and
>, WHEREAS, the Owner has agreed that if in the future the City, in its sole dis-
~ ~ ~ cretion, determines that it is advisable and necessary to have such sidewalks
,I:), 2 ~ installed, that the O~vner will, upon notification by the City, have sidewalks
~ ~ ~ ~irrrrnediate1y ins talled at his expense, and if he should fail to do so, then the City
8 ;.,~ ~~may have said installation made and impose a lien against the described real property
:; :!:~ . CI:Ifor the cos t thereof;
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.~ ~.~ p.;.~ ' NOW, THEREFORE, in consideration of the for~going premises and other good and
S; ~.; t~~va1uab1e consideration between the parties, receipt of which is hereby acknowledged,
"i:1 ~.~ -';:J r-:-the parties hereto covenant and agree as follows:
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1. The
sidewalks
the above
City will not at this time
as part of the erection of
described real property.
require the installation and construction
the building and i.mprovements by the tAmer
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 wi~h 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 side"va1ks installed and assess and impose a
lien against the described real property for the cost of the work.
5. T11i s agreement is to be regarded~as~acoVE~IianC runtii'ii:gwi th-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, their
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 ~eceipt 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:
George D. Gardner~
1612 Algonquin D&'~
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Clearwater, Fla. ~~
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O.R. 3395 PACf 493
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed day and year last above written.
CI:~...OF.. LE. ~W.A A1;1;F '. F.... L?R.IDA
By ,.~~~
~ : ity,~illlager ,
~ttes. ..., '., .
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. City Clerk.
Witnesses:
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Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS) . ~ WeImer .--LL
G.v, /5~ &
I HEREBY CERTIFY, that on this 6: ._day of ~~ A.D. 1970,
. before me personally appeared ~erlC~Lb ll. ~ti.grh,"dffi, He bert M. Brown, R.C. Whitehead
$lfc.tmgand H. Everett Hougen, respectively"'City Manager, City Attorney, City Clerk and Nayor-
Conunissioner of the City of Clean-later, a municipal corporation existing under the
laws of the State of Florida, to me known to be the individuals and officers described
,in and \o1ho executed the foregoing Agreement and severally acknowledged the execution
thereof to be their free act and deed as such officers thereunto rhIly .:111thorized; 2.ncl
that the official seal of said DUlnicipal corporation is duly affixed thereto, and the
said agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clean-later in the County of Pinellas
and State of Florida, the day and year last above \o1ritten.
Ny ConunissionExpires:
NE~~iJ, {tlfto~da at Large
My Commission Expires Oct. 22, 1970
Bonded By American fi:r. & Casualty Co. '
~~~~
STATE OF FLORIDA )
COUNTY OF PINELLAS) .
Before me personally appeared GiEC'JI2~~ p, 9nAO/IJ lEA.
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to me \o1ell known and known to me to be the individuals described in and \o1ho executed
the foregoing agreement and ackno\o1ledged before me that they executed the same for
the purposes therein expressed.
WITNESS my hand and official seal this
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day of ;;~~Tnr~~~fi- A.D. 1970.
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