SIDEWALK AGREEMENT (66)
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JAN 2 B
4 0" 1'['71
A G"R1~~O::~ l' lOR 34 76 ~r;~ '~~
1C(.$day of
d municipal corp
and E. NANCY
, 197(,
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is wife
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r!NEll;~S ~L "LGRIOA
HAROL.O MULLEHUwit:, CL.ER'.
TillS AGREENENT, made and entered into this
by and bcth'ccn the CITY Of CLEAH.\'MTER, FLORIDA,
referred to as "Ci ty"; and GERALD R. CUSTER
hcrcinoftcr referred to as II Oi...ner II ;
WITNESSETH:
\{HEREAS ,the CAmel' o~vns the follm,ling described real property situated in the
City of Clearwater, Pinellas County, Florida:
Lot 63 Sunset:Highlands Unit Three (3)
1f!1{ !/f
/1 (/3 617~tjlA4 #t/e.
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of ",ay, which is to have new construction on it, either for residential,
commercial, indus trial or other purposes, shall have sidewallcs cons tructed by the
owner on, across 6r adj acent there to; and
\VHEREAS, the O\vner is erecting certain ne\V construction on said property and
has requc!;ted the City at this time not to require the i111l11cdiate installation and
construction of sidc\Yal1<,s in connection therewith; and
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WHEREAS, tlw O;vnc~r 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
installc.d, that tIle O;mer Hill, upon notificEltion 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 thereof;
NOH, THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration between the parties, receipt of \.lhich is hereby ac1<no\llc.dged,
the parties hereto covenant and agree as follO\-.18:..
1". The City "lill not at this time require the installation and construction
of sicle\'wlks 11S part of the erection of the building and improvements by the O;'711er
on the above described real property.
2. The City may at any time in the future notify the O;mer, his l1eirs, personal
representatives, successors or assigns that the City in its sole discretion has
determined that it is nc1visable and necessm:y to have sidewalks installed in
connection with said aes~ribed real property.
3. The ai-mer or his heirs, personal representatives, successors or assigns
shall at his expense within ninety (90) clays from the notification by the City have
sidewalks installed for said described real property in accdrdance with City
s~ccifications and, standards as established.
l~. If the O;-mer or his heirs, personal representatives, successors or assigns
shall fail to.have sidewalks installed for tIle describ~d real property in accordance
,.,ith City specifications and standards ~...ithin ninety (90) days from the notification
by the City, then the City nay have the sideHalks 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 \-lith the land,
regardless of whether it is specifically mentioned in any deed~' or conveyances
subsequently executed, and ~lis agreement shall be binding on all parties, their
heirs, personal representatives, successors or assigns.
6. All notices pursu<1nt to this agreement shall be furnished to the respective
parties at the following <1ddresses, until receipt of \Yrittcn instructions notifying
the other party of a different address: .~ % "
City: ., Owner:
l-1r. Herrett R. Stierhcim ~l II ~
City l-lnnaf,cr . ~
P.O. Box 4748 Pi
Clc41n...ater, Florida 33518 / 1- f 6 '~.w r
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IN \\'ITNESS \-lJ\EREOF, the pnrtics hereto hnvc caused these presents to be
executed the day and year last above written.
.
\~itnesses :
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STATE OF FLORIDA )
COUNTY OF PIl'iELLAS)
.::au /"1 7 I
I HEREBY CEH,TlFY, that on this ~ 1 ___day of , A. D. ~
before me personally appeared Merrett R. Stierheim, llrhert M. Br wn, R.G.t~itehead
and ll. ,Everett Hougen, respectivelj City Manager, City Attorney, City Clerk and Mayor-
COlmnissioner of the City of Cleanvater, a municipal corporation existing under the
lmvs of the State of zlorida, to me knO\"n to be the individuals and officers described
i.n and who executed the foregoing Agreement and severally acknO\vleelged the execution
thereof to he their free act anel deed as SUCll officers thereunto duly,authorized; and
that the official sCDl of said Immicipnl corporation is dulyaffi.xcd thereto, and the
said agrecJ:lynt is the act Dnel deed of said corporation.
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. "II ,. 11\1:E'.I:'N.r;:SS,my sign 11 ture
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,..,':'ai1c1 State, b'1(~~lorida> the
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Clnd official seal nt Clcan~'ater in the County of Pincllas
day clTld year last above "JJ~ilten.
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.\.,< \..J1cif(),~f',~ne per sonally appeared
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l,::::to' l)lC'\"\o)J~lt lir..o'wn and knmm to me to be tlw indivicluC!.ls dc~;crjJwd in ;md \-1ho excCl,tcd
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: €lre-loregdinf~ ~recmenl and acknoHledged be [ore me tllLlt they executed the s<J!TIC [or
; the purpo;,~s: !t-t$re in expressed.
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":'"'''''' ,WITNi',~"'~.'i hand and offie,ial seal this
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'\;MYCollunis~;j:9ft Expires:
'w.Iary~~:st~te'of Florida at bttt
M,CoriamUsi3tl Wes o,.t " 191-4
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'-STATE--OFFLQlll!Au -)..
COUNTY 'OF p,fi~FLLAS)
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Nbtary rublic
GERALD R. CUSTER and E. NANCY CUSTER, his wife
14th
Ny COlllldssion Expires:
Notary PU~lic:. Sti1te of Florirl'l at llll'l!e
!v1y CommiSSion Expires July 21 1972
8ondeo b\! Transi1mprtea .J~~ce Co.
day of
I
A. D. 197~.
January
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