SIDEWALK AGREEMENT (21)
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~O.R. ,3796' PACE~~ ,,\r6
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AGREEHENT
, THIS AGREEMENT, made and entered into this 8th day of
by and bet\veen the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
to as "Ci ty"; and HOMES BY STANLEY
to as "Owncr";
May , 19~
hercinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described rcal property situated in the City of
Cleanvater, Pinellas County, Florida: Block B
Lot 6/ Gulf to Bay Acres
2467 Whitman, Clearwater Fla.
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, comraercial,
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 ilmnediate 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 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 side'lvalks
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 i3 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
his expense within ninety (90) days from the notification by the City have sidewalks installed
for said described real property in accordance wi~h 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
RE~lhiVfO
"IHElLAS co. FLORIDA
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CLERK CI,qCUIf COURT
Owner:
Mar Z5 3 O(;'H '7Z
Joseph Stanley
1957 Sandra Drive
Clearwater, Fla. 33516
RETURN TO:
CITY CLERK
p, O.BOX 4748
CLEAR \tV ATER. FLA, 33518
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[G.R. ,3796 PAGE .966
6,
IN WITNESS ~lEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY OF
1It!m
CY'y Nanager .
By
AP~toved~ess'
~orneY
City.clerk
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W~4e~
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~ City
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As to ~vner .
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on thl.s ~ day of '/;ry~ , A.D. 197 ~
before me personally appeared Merret~ R.~tierheim, Herbert M. Brow~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 individuals and officers described in and \\1ho executed 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 "llunicipal
corporation is duly affixed thereto, and the said agreement is the act and deed of s~id
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.
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My Commission Expires:
Nota;;; p~trSta\e of Florida a\ large
" E ires Sept. 1'1, 1913
My CommiSSion ,xp F &. C.,ually Co.'
Bond.d By Amer"an Ire
STATE OF FLORIDA )
COUNTY OF PINELLAS )
WITNESS my hand and official seal this
xecuted the
or the purposes
Before me personally appeared
to me well known and known'to me to be
foregoing agreement arid acknowledged
therein expressed.
;;#
'_1'1
day of
197.2=.
M~ ~ornmis,sion Expires:
, 0 ary Public" State of Florida at Largrl
,My CommiSSIon Expires Oct. 30, 197j
Bonded by Transamerica Insurance CIe.