SIDEWALK AGREEMENT (117)
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O.R, 3440 PAGE668
A G R E E MEN T
TIns AGREEHENT, made and entered into this 20 day of Nov.
by and bctHccn the CITY OF CLEAR~oJATER, FLORIDA, a municipal corporation,
referred to as "City"; and GENERAL REALTY SERVICE -% Morris Prosser
hereinafter referred to as "Oivl1er";
, 1970,
hereinafter
WITNESSETH:
\-lHEREAS, the OI-mer O\vns the follm\'ing described real property situated, in the
City of Clearwater, Pinellas County, Florida:
Lot 16, Blk. A, Pinebrook Highlands .subdivIsion
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,
commercial, industrial or other purposes, shall have sidevlalks constructed by the
owner on, across Or adjacent thereto; ,and
HH,EREAS, the Oimer is erecting certain ne\v construction on said property and
has requested the City at this time not to require the illli11Cdiate installation and
cons truc tion of sidc\valks in connec tion there\vi th; and
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~ () ~i~ NOH, THEREFORE, in consideration of the foregoing premises and other good and
~ i:~ ~ ~ valuable consideratior; between the parties, receipt of vJhich is hereby aclmo\vledged,
S ~~ '~~ the parties hereto covenant and agree as follows:
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WHEREAS, the OiYner 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
installed, that the Oi-mer will, upon notification by the City, have sicle\valks
immediately installcd 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;
1. The City \'Jill not at this time require tIle installation and construction
sideHalks as part of the erection of the building and improvements by the Owner
the above described real propcrty,
2. 111e City Dlay 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 i'nstalled in
connection with said aesciribed real property,
3. The Oivner or his heirs, personal representatives, successors or assigns
shall at 11is expense within ninety (90) days from the, notification by the City have
side\valks installed for said described real property in accordance with City
specifications and. standards as established,
4. If the ~vner or his heirs, personal representatives, successors or assigns
shall fail to have sidc\valks installed for the describe,d 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 covcnant runningvlith the land,
re~ardless of whether it is specifically mentioned in any deeds or conveyances
subsequcntly executed, and this agrecment slla1l be binding on all parties, their
heirs, personal representatives, successors or assigns~
6. All notices pursuant to this agreement SllUll be furnished to the respectiVe
par tics at the following addresses, until receipt of writtcn instructions notifying
the other party of a differcnt address:
City:
Hr. Herrett R. Stierheim
City Hanagcr
P.O. Box 4748
Clearwater, Florida 33518
, ,. Owner:
GENERAL REALTY SERVICE
% Morris Prosser
1417 Cleveland St.
Clearwater, Fla. 33515
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. PINELLi'lS ::C,; :..;JRIOA
HAROL.D HULlENulJile, :I.ER~
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O.R. 3440 PAGE669
IN lHTNESS WHEREOF, the parties here to have caused these presents to be
executed the day and year last above written.
Owner
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Witnesses:
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WITNESS my signature and official sea~ at Clearwater in the County of Pinellas
and state of Florida, the day and year last above written.
Mv CQ)nro.is~ion Exnj res'
NOtary Public, ~tate of Aorltl,f at Lit"
My Commission .Expires Od. 21, 1974
Bonded by Americaa Fire & c..""lty Co,
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Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Bef0l;,~ IDe per sonally appeared
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to me weIl:rJ~.ovrn and knoHn to me to be the individuals de,;cribecJ in nnd \vho executed
thefor9gq~&~agreement and acknowledged before me that they executed the same [or
the purpos,:c-s !i:herein expressed. '
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WI1~h!~:~~' my hand and official seal this
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. 10'",.,
Morris Prosser
20th
day of November
A. D. 1970.
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6 Notary I'~e
Hy Connnission Expires:
AOTARY l"UDW'; STAlE Of fUllllOA AT LARGE
.VlY COrviMlhSIOI\J EXPIRES MAY 12 1973
JIJI'UlEO rll~u U:W W. Uii:.:.IELHORSt '
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