SIDEWALK AGREEMENT (73)
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A G R E E MEN T
THIS AGREEMENT, made and entered into this
by and bet\veen the CITY OF CLEARWATER, FLORIDA, a
referred to as "Ci ty"; and John N. Z-arna and
hereinafter referred to as "Owner";
16th day of Julv , 1970,
municipal corporation, hereinafter
Dixie E. Zarna, his wife
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida:
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Lot, 91, Windsor Park 2nd Addition
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WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a
right of \vay, which is to have new construction on it, either for residential,
connnercial, industrial or other purposes, shall have sidewalks constructed by the
owner on, across or adjacent thereto; and
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,.0 8 S;; WHEREAS, the Owner has agreed that if in the future the City, in its sole dis-
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]~ ~ ~cretion, determines that it is advisable and necessary to have such sidewalks
~r >,~ ~ installed, that the Owner will, upon notification by the City, have sidevlalks
,.o~ 0 r.-~innnediately 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
~~.~ r~'~for the cost thereof;
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~. p-:~ ~ r: NOW, THEREFORE, in consideration of the foregoing premises and. other good and
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~15 . ~ ~va ua)le C.ons~ erat~on between the part~es, rece~pt of which is hereby acknmvledged,
~~~.~ ~the parties hereto covenant and agree as follows:
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WHEREAS, the O..mer is erecting certain new construction on said property and
has'requested the City at this time not to require the innnediate installation and
construction of sidewalks in connection therewith; and
City will not at this time
as part of the erection of
described real property.
require the installation and construction
the building and improvements by the Owner
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2. The City may at any time in the future notj_fy 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. The Owner or his heirs, personal representatives, successors or assigns
shall at his expense within ninet.y (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 runni.n.g-with th-e land,
regardless of \vhether 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 part.y of a different address:
City:
Mr. Merrett R. Stierhcim
City Manager
P. O. Box 4748
Clearwater, Florida 33518
Owner:
Mr. f, Mrs. John N. Zarna
2057 Allard Drive
Clearwater, Florida
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year last above written.
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Hitnesses:
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CER'ITFY, that on this ~ 1~_day of _~~___., A.D. 1970,
before me personally appeared Merrett R. Stierheim, He~~wn, R.C.Whitehead
and H. .Everett Hougen, respectively City Manager, City Attorney, City Clerk and Nayor-
Commissioner of the City of Clean-mter, 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 ackno~vledged the execution
thereof to be their frf'f:' Rct 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.
W1TNESS my signature and official seal at Clearwater in the County of Pinellas
..cind State of Florida, the day and year last above written.
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Notary Public
~O~~si~Gtbf~r;{t urge
MY"Commissioli Expires Oct. 22, 1970
Bonded By Am.iean Fir. & Cu..11}' Co.
STATE OFE'LORIDA )
COUNTY OF PINELLAS)
Before me personally appeared
to me well known and known to me 0 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
/0 di day
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My Conmlission Expires:
Notary Public, State of "'10ml" d Ulfi3il
My Commission Expires Oct. 30 i 973
BQREleEl b) TJ""~"rrrt!r1ca '!,~l:lraMce ..0.
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