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SIDEWALK AGREEMENT (65) '-, -b. JAN2B 4 01 PM '7' k r': ;:' . ~:. :' c; I PINEl.!.s :::c. ~LI)RIOA HAROL.Ll MULi.EHUORE. CL.ERk THIS AGREEl'IENT, made and entered into this by and bet\.Jccn the CITY Of CLEAlU,WIER, FLORIDA, a referred to as "City"; and hereinafter referred to as "CAvner"; -':'--. .,1010.,63 ~. /!/r;I?I;--?r;L~ rL. 3476 PAGE584 fi~ r \.0 A G R E E MEN T /r;~y of Inunicip.1l corpo WITNESSETH: \~HEREAS, the OImer O\vns the follO\\ling described real property situated in the City of Cle<:lnvater, Pinellas County, Florida: Lot 9 Blackshire Estates - I?-!({!ff I g t r M () t:.KIJ f /l viP! and WHEREAS, Ordinance No. 1219 of thc 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 side\07alks constructed by the owner on, across 61' adjacent thereto; and >> l~HEREAS, the O\vner is ei'ccting certain ne\V construction on said property and ;,:, i:i ~ has requcf;ted the City at this time not to require the inmlediate installation and ~ ~S ~ construction of sideHalks in connection therewith; and ',.I "--' 00 C) <1. f~ 1""'1 (,>,;:3 ~~ WHEREAS, the O.mcrhas agreed that if in the future the City, in its sole dis.,' ~'Jd~cretion, determines that it is advisable and necessary to have such sidewalks P..,_>,,_ ,~installed, that t11e O;vner Hill, upon notification by the City, have side'valks i:-,~ ~..3irn11\ediately in~;tal1cd at his expense, and if he should fail to do so, then the City :-,:~2 E ~may have said installation made and impos(~ a lien against the described real property ::';'~ ~J ~for the cost thereof- ( ~~,; :;::. Q) , ;::: ,::: cl J~ ~:i:i ~ NOH, THEREFO]U~, in consideration of the fOJ~e13oing premises and other good and .U ~-;::..m valuable consideration between the parties, rcci;ipt of "hich is hereby acknovledged, Of' 2J .:;) U the parties hereto covenant and agree as follOlv8: . :2;:.:; -0 f-o~u ....... 1. The of siclcHalks on the above City \-li11 not at this time as part of the erection of described real property. require the installation ond construction the building and improvements by the O;'ll1er 2. The City may at any time in the future notify the Ol-.]nor, his heirs, personal representatives, successors or assigns that the City in it.s sole discretion has determined that it is advisablc and necessary to h~ve sidewalks installed in connection \o7ith said aes~ribedreal property. 3. The O,'lner or his heirs, personal represent[ltivcs, successors or assigns shall at his expense \vithin ninety (90) days from thc notification by the City have sideHall<s installed for said described real property in accordance \o7ith City s~ecifications and. standards as established. 4. If the ();mer or his heirs, personal representatives, successors or assigns shall fail to _have sidc,.,alks installed for the describe,d real property in accordance ,,11th City specifications and stnndnrds \'lithin ninety (90) days from the notification by the City, then the City may have the sidev.11ks installec.1 [lnd 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 runn:lllg VlitnUtheland,- regardless of whether it is specifically mentioned in any deed~' or conveyances subsequently executed, and this agreement 511all be binding on all parties, fheir heirs, personal represcntntives, successors or assigns. 6. All notices pursuant to this agreement shall be furnished to the respective parties at the follo\07ing addresses, until receipt of written instructions notifying the other party of a.different address: Ci,ty: Mr. Merrett R. Stierheim Ci ty }lanagcr P.O. Box 4748 Clearwater, Florida 33518 ~vner : MI1(' L to' Get<. fl L j tL' {I c) s Ie K. / ~ t ~ Pie t< c t LlA/ r;y 33 S;.j-/ 01- 003 V:3) ;; :s- /---, P I-. ;<J , " -1- ~!';;.. -- I 0.' 3476 PAGE 585 ' . be'.;<"'c '\i"'t~~, . ,,::~ ~ ;: "''-J ;',\. . ; 'V,f 'I ,\, "........, ~"l '\:"'~ I, ;, . ...' ," ~'I FLORIDA ",::--,,;.' i". , .... ,.~f:c' .,. i( >'. .',-J ., IN HITNESS WHEREOF, the parties hereto have caused these presents to executed the day and year last above written. ~ness: . i ty At torney . ~~../~ //;)~ /<&r c.., ~ As to City X.fl'/!i~~ e5k~e~~ Owner Hitnesses: STATE OF fLORIDA ) COUNTY Of PINELLAS) ~ /<tT7/ I HEREBY CERTIFY, that on this _ P7~day of, A. D. ~ before me personally appeared 11erre tt R. Stierhcim, lrbert M. own, R. G. Hili teheacl and H. .Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor- COlmnissioner of the City of Cleanvater, a municipal corporation existing under the laws of the State of Florida, to me knmm to be the individuals and. officers described in and who executed the foregoing Agreement and severally acknO\vledged 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 affi.xed thereto, and the said agreement "is the act and deed of said corporation. \.~.W:L1J~~-~,~lF{.signature and official seal at Clearwater in the County of Pinellas al,l<l:pieate ot~,'~:19'rida,. the day and year last above 'vri tten. " \,J '~.f,.' '.I ~>,;,....;:, > "f X~73~ . Notary Public ~ c ~', - , , "'.,..- ';'.. ',,\ . .... I' .' ~~~~l;~ \\ll~rJB~~~ ~'.~ ~o~_,~~ \l~~'~e ..., <......, '--,,;,;,"r' ......,,- ',., '12 197" l.tV .\....1',......./.. ....4;):,. ~S U,l. .t., .. Bonded by Ame,ican FifQ & CasLiaity Co~ STATE OF fLORIDA ) COUNTY--OF- I'-IN-ELLAS-)-- Before me personally appeared GERALD Ra CUSTER and E. NANCY CUSTER, h1 s w1 fe to me Hell known and knO\Vl1 to me to be the indiviclu<lls described in cmd Hho execllted the foregoing agreement and acknowledged before me that they executed the same for tl?~\.H~;t;'l?,oses "therein expressed. 't\ \l \ \ r, { t I~ ~ . - \-,'. \..\;'\'~ IlrJi.,f/. '('1 ..'--\ ,,>',.....Wr1~J'...my hand and offic,ial seal this $_.... ,.,,' I '~'" i.~' \"'t : Q ~. ..r- L~-' L~~ }, 'ili>' ~: E ;::' l '" C ~ -~ L.LJ -: ......:;.. ,.:w "~:.i .0= ~: ~/ ... , l(; : e'" : ~: ". , '~':, tt \~J~ \:#~ ,,u',,J1.:::5 i ~ ,... f" ! U ~ ~c.. J.,. ;: '..-~ twI,:... 'ft, ....'lIl" "',,"" ,:' .\~ J I~' < , . ~. .; ~ 'f' \.,~"-4 I, , A I_ ""\ ,"\' '\v ....;. 4,' ~/f "'..v\. \,. Mylt0_j~~bion Expires: Nnt''1rv Public. Strltp of F'lorlrla at large Mv Commission Expires July 21, 19~ bunued by .1 ran:.drrrem:8" Insurance, - . /~J'I.. day o~, ~ P'r~ b., , No . ry Public , A.D. 197,1. /) 2 - -'