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SIDEWALK AGREEMENT (118) fc () (J ~ I 72107132 I ~~. 38133 PACE 849 "7 I~ . G~'\ ~,-r ~. ~ AGREEHENT THIS AGREEHENT, made and entered into this 17th clay of July , 19_~ by and betv1C~cn the CITY OF CLEARWATER, FLORIDA, a municip.:tl corporation, hereinafter referred to as "City"; and Gertrude Nelson & Wi'lliam E Nelson hereinafter referred to as "Owner"; (wJ.fe) --'-'-" (husband) WITNESSETH: WHEREAS, the Owner Owns the followin2: described real orooertv, sittlate,.d in_the~ I;::!:' ~_ oj: Clearwater, Pinellas County, F1o:rida,: Plat of Survey of Lots 4, 5, 6 & 7, Carter Honker & Bares Addition, as reco Pinellas County, Florida records. Block 5, Lincoln Place SUbdivision, ded in Plat Book J, Page 27, in /~() S 'YJ,'_..0A-f~) hTHEREAS, Ordinance 1~o.12l9 of the City requires that all land that abuts a public r:igbtor.way';'wnicn fstO'[-lave-new'COns tnictIonon it, ei fher for residentIaT:-cormnercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and lvHEREAS, the Owner is erecting certain new construction on said property and has requested the City at this time not to require the immediate installation and construction of sidewalks in connection therewith; and 1\THEREAS, the o\'rner has agreed that if in the future the City, in its sole discretion, determines that it is advisable and necessary to have such side~alks installed, that the Owner will, upon notification 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 hereof; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration 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 require the installation and construction of sidewalks as part of the erection of the building and improvements by the Owner on the above described real ;:;roperty. 2. The City may at any time in the future notify the CAvner, his heirs, personal representatives, successors or assigns that the City in its sole discretion has determined that it is advisable and 'leCessary 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 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 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 with the land regardless of whether it is specifically mentioned in any deeds or conveyance 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: Mr. Merrett R. Stierheim City Manager P.O. Box 4748 Clearwater, Florida 33518 Owner: Wm. E. & Gertrude Nelson 1856 East Dr. 'Clearwater, Fla. 33515 ~~: '~- . .' .':t~J'lo~-" . ,.' -~ ; ._!.........,,....:.....~~.. (;Li.:hK C:"Ci.U (CURT ;',/. i:" ' , ,~;! __ t RETURN TO: CITY CLERK P. O. BOX 4748 CLEARWATER. FLA. 33518 AUG 25 12 S6 fli '7Z ,~~ 1 . 4.. '_. ] ,:t d~,:', ".~ nl'p~'\' e( :..;)1: HEIWEHT M I;': I" ":"." \ . _. ...v l~ .', L,;Io.Y 1.",'L(;1 IJey Clty of Clearwater, P. O. Box 4748 Clearwater, Florida 33518 07-009' -CXJ Cq) e . I I G.t 3863 PAn 850 ,j:. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed. the day and year last above written. CITY of,A,r/l~C1 ','FL, R",.,'I,DA " ! =!1;f~~u By ."1;'"'., Cit):M~~aget. " / Attest: '" "... ~' ''''''.. ... -- . ~ -0' ,,~~... ., "'~~~~/ Deputy .:9~ty d.crk~: " .: ,,~.;:;, ' , . \-> ,~.. '/' w~:;~ C~ A~~ 9nAAJ ~n./I ~~ ~~ If~~ I As to Owner v y. STATE OF FLORIDA ) COUNTY OF PINELLAS ) 3 '';Deputy~ Lu '11 B 11- I HEREBY CERTIFY, that on this .:< ~ day of Cl ,~A. IT. "'197:l..- before me personally appeared Merrett R. Stierheim, Herbert N. Br n, R. 8. \Jl.l-tc.l.u1d and H. Everett Hougen, respectively City Nanager, City Attorney fc City Clerk and Hayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me knm<Jn tC'''1Te-"iH4i:v-j,~,s aJ:rJ--,.G,~rs ,dcscribr>,-1 ';IL,lnldJ~"lQ.~ecuted the fore- going Agreement and severally acknowledged 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 affixed thereto, and the said agre~ment is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pine11as and State of Florida, the 'day and year last above written. My Commission Expires: . " 1 G d.P,~j"~~~,'~,'::':,~~':: ~P~H5-~, . ','1:;. - ...:.. ." ~ . ~.:...,v' ";.::',~<~< ",' ,. - ;'..;, ~.' 'p 'W~ Shill ot f'l)r~~a a\ targe Nota.y II It, E' C,,,' 29 1'113 ,. . f'; n ."j '.~r€s .:;.;~..~. I '.fly 1.00lm\S~,O . ^'" f' & ~.su.l1Y <:;9.. Bonded 8y "menean, Ire STATE OF FLORIDA COUN.TY OE _J:>IIiEU./'.s, ,.,"'...~.~~~._., ( hu s band) Before me persona1~y appeared Gertrude Nelson t wife & William E. Nel !=:on to me well known and knmvn to me to be the individuals described in and who executed the foregoing agreement and acknowledged before me that they executed the same for the purposes therein expressed. ) ) , WITNESS my hand and official seal this 17th day of July A.D. 197 2 . '.., (jJ~.;./ 1Jt~ Notary f>u lic My Cormnission Expires: Notary P6blrc. State . My' Commissi of Flonrf!l, at rargS agnd~ .oj; Jj on Expires JUly 22. 1971 . ~,iA,aanhnll;iI Insurance ~o.. '" -dJ Ii ~ ,; - '.... '! C. 0.0,-/ "- I- "';. ~ '" , i/I . ~ ~.. -