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SIDEWALK AGREEMENT (6) ./. ~ ro~' I 71132986 ~b~ I ," . " .' -- r '!) 36'~9 ' " 853Y' -~ y. - 'hI ;)'.~. u. ,l1tf " , '( y -~- VI- A G R E E MEN T THIS AGREEHENT, made and entered into this 3rd. day of August by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, referred to as "City"; and H. Grant, Inc~rp~rated hereinafter referred to as "Owner"; , 1971, hereinafter ' WITNESSETH: WHEREAS, the Owner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: 821 Jeffords St. Lot 4 Block J Milton Park 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 side\valks constructed by the owner on, across or adjacent thereto; and WHEREAS, the Owner i.s erecting certain new construction on said property and has' requested the City at this tim<:~ not to require the inrrnediate installation and construction of sidewalks in connection therewith; and WHEREAS, the Owner has agreed that if in the future the City, in its sole dis- cretion, determines that it is advisable and necessary to have such side\valks installed, that the Ov7l1er will, upon notification by the City, have sidelvalks 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; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration between the parties, receipt of which is hereby acknOlvledged, 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 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 it~ sole discretion has determined that it is advisable and necessary to have sidewalks installed in connection with said described real property. 3. TI1e ~vner or his heirs, personal representatives, successors or assigns shall at his expense \vithin ninety (90) days from the notification by the City have sidewalks installed for said described real property in accordance with City spectfications and standards as established. 4. If the ~vner 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 sidelvalks 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 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 P. O. Box 4748 Clearwater, Florida 33518 Owner: H. Grant, Inc. 1270 Rogers Street. PI.lLUI~~Jro"'DA Clearwater, Florida. 33516 ~~.t~""'* '.... CLERK CIRCOIT COORT .. Z~ 3-.,," '71 ,< \ Of -0\ -'.00(7) @ < ' I I D.t3f:i69fAtf 854 .. '- - IN WITNESS ~IEREOF, the parties hereto have caused these presents to be executed the day and year last above written. . ~:s: . ty Attorney" Witnesses: ~~ j '~..e./../_ _ 7<-~"C d~ ~C:;1~ . ~f~ As to O-Jner Pres. H. 'Gral)t Inc. Owner STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this .H..~day of _,~_._, A.D. 197~, before me personally appeared Merrett R. Stierhcim, Herbert M. Brown, R.G.Whitehead and H. Everett Hougen, respectively City l'lanager, City Attorney, City Clerk and Hayor- Connni.ssioner of the City of Clearwater, a muni.cipal corporation existing under the lmJs of the Stat,e of Flori.da, to me knm.,rn to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution thereof to be their free a<:.t_~J}~.c:leed 2.8 such officers thc'n'unto duly C1Dthc.1l:izc.d; 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. ~~:iff3~ii Notary Public' WITNESS my signature and official seal at Clearwater in the County of and State of Florida, the day and year last above written. My Commission Expires: Notary r}~!::. $':<:1::- d Flori~il at Large 1:\, C~::r:;::1 l:,:,,~S D1. 22, 1974 Bonded by Arr.~nc.Jn Fue &. La:iual:y Co. STATE OF FLORIDA ) .. -COm-ilT'tuF PTNEI.LAS} Before me personally appeared 8(.((; rf (/ (; ,&(/1/U/- - /1({ S, //r 6~7r{// /,,{/c to me well known and known 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 This instrument was prepared by: HERBERT M. r::rO'\VN, C:ty Attorney City of ClearwaLr, P. Q. Box 4748 .Qle~:water, Florida 33518 / I 7,1' day of /!e-IGu<;T A.D. 197/. My Commission Expires: \,j:~'ijf:.i'-l j >, ,'. : , .: ,., .' 'J ",. ,'J) r II {.; 1._., "~..'~ 9.j,Ji,;(.~~""1t.~1ri,/ ( ,;1 '''.- ",'tCl , '/ ""'0.." "'}.',~ -"'J .~P ~ ;F'_j'-f'/I~ ,I . :;;J", ',~/ 4..,.1;-;.. I-'~ i.;~ l"~' ~ . . . ~'l ~ I ~.., f. .;.;olo ~ Jr A~/~ NOTARY plMee,B!iXTEPotPft.:bKIDA AT lARGE MY COMMISSION EXPIRES JULY. 9, 1973 BONDED THRU FRED W. DIESTELHORST -'f :.~ .....{ 7-9-/973 - 2 -