SIDEWALK AGREEMENT (68)
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AGREEMENT
THIS AGREEMENT, made and entered into this 4th
da y of
February
, 19~O, by and between the CITY OF CLEARWATER,
~LORIDA, a municipal corporation, hereinafter referred to as lICityll;
and HOWARD D. CAMPBELL and ALMA V. CAMPBELL, his wife,
hereinafter referred to as 1I0wner";
WITNESSETH:
WHEREAS, the Owner OWns the following described real property
situated in the City of Clearwater, Pinellas County, Florida:
Lot 59, Sunset Highlands Unit #3, as recorded in Plat
Book 53, page 47 of the Public Records of Pinellas .
County, Florida;
and
WHEREAS, Ordinance No. lZ 19 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 sidewalks constructed by the OWner on, across or adjacent thereto;
and
WHEREAS, 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
WHEREAS, the Owner has agreed that if in the future the City, in
its sole discretion, determines that it is advisable and necessary to have such
sidewalks 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 thereof;
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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 improve-
ments by the Owner on the above described real property.
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 h~_s 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 specificat.ions and standards within ninety (90), days.
from the notifi'cation by the City, then the City may have the sid~walks installed'
and assess and impose a lien against the de,scribed 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
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 receipt of written instructions
notifying the other party of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
PO Box 4748
Clearwater, Florida 33518
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OR, 3274 PAGE178
Owner:
Mr. Howard Campbell
1919 Barbara A venue
Clearwater, Florida 335t.!
IN WITNESS WHEREOF, the parties hereto ha.ve caused these
presents to be executed the day and year last above written.
FLORIDA
Attest:
. AP~ rm & correctness:
.~A ~
.' . lty ttorney
fEB , 9 '970
Witnesses:
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As to City
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/ Howard Campbell
c:L. 7/GJrLd
Alma Cam 1
Owner
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As to Owner
STATE OF FLORIDA )
)
COUNTY OF PINE LLAS )
I HEREBY CERTIFY, that on this /tJ~ day of February .
A. D. 1 97,E>, before me personally appeared Merrett R. Stierheim, Herbert M.
Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager,
. City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
a municipal corporation existing under the laws of the State of Florida, to me
known to be the individuals and officers described in and who executed the
foregoing 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 agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written.
My Commission Ex'Oires:
. Notary ,Pllblic, ~\ale of floriifa at Large
My Comr.::ssicn Expires Ocl. 22, 1970
Boade<l By Americaa Fire & Casuaby Co,
':L~.A/h--", -z3'1./~
Notary Public
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O.R, 32~74p~Gf179
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
Before me personally appeared Howard D. Campbell and
Alma V. Campbell, his wife
to me well known and known to Ine 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.
~,.;"~:;.\'~Ci,> " WITNESS my hand and official seal thiS<<
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'" :~~.Notary Public, State of Florida at Lar e
, My Commission Expire. Oct. 30. 197~
Rnnrl~n by TFaA58PftGri'-8 ItlMlrCJflce (,;0.
day of
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