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SIDEWALK AGREEMENT (70) j I~ -f \.0, 1 ..... I O.,~'. 3377 P~GE 103 I ~7C077076 A G R E E MEN T THIS AGREEMENT, made and entered into this // ff;;;y of by and bet\-leen the CITY OF CLEARWATER, FLORIDA, a municipal corporati referred to as "Ci ty"', and J B G led H G t I . . .. n. an . ran nc. hereinafter referred to as "OI-lner"; A:4T , 1970, , hereinafter . WITNESSETH: WHEREAS, the OI-lner owns the following described real property situated in the City of Clearwater, Pinellas County, Florida: Lot 2 in Block 42 of Sixth Addition to Highland Pines Subdivision, Pinellas County, Florida. 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 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 dis- cretion, determines that it is advisable and necessary to have such sidewalks installed, that the Ovmer will, upon notification by the City, have sidewalks 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 a.gainst the described real property for the cost thereof; NOH, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration between the parties, receipt of \-lhich is hereby acknOl-lledged, 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 tbe 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. 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 side\-la,lks installed for said described real property in accordance \-lith 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 notific.ation by the City, then the City may have the sidevlalks installed and assess and impose a lien against tbe described real property for the cost of the work. 5. This agreement is to be regarded as a covenant running vlith the land, regardless of \-lhe ther 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: J. B. G., Inc. H. Grant, Inc. 807 A Court St. Clearwater, Florida REr:OROED ?INFi .~ ~'J. FLORIDA ilARDI.: . : .'J(JRE,CUII 33516 Auc J 3 4 21 'N '10 -1- O'i7 003 - DC, ~ '~ .., I I D.R. 3377 PAGEI04 IN WITNESS WHEREOF, the parties hereto have caused these pr~se,nts- to be executed the day and year last above written. ~ ~, . Witnesses: ~~~~/ Z3~ ~~J ~A/74 c-9, As to City - IDA By STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this ~ day of ~r, A.D. 1970, before me personally appeared Merrett R. Stierheim, Herbe _ M. Brown, R. G. vnn tehead and H. Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Hayor- Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the Stat.e of Florida, to me known to be the individuals and officers described in and who executed the foregoing Agreement and severally acknO\vledged the eXE'cution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal co'rporation 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 Stateof;F1oi-ida, the day and year last above written. -, My Commissjon E~pireB' 'Notary Public, Shh~ of tl'.l::tla <:t ta~ge My Commission Expires Od. 22, 19/0 , ,..IT'" 'r .._.....rAn Fire & Casualty Co. ~~ 7$~ Notary Public ,STATE OF FLORIDA ) COUNTY OF PINELLAS) Before me personally appeared IT~.f\~ph B. Grammatico, Pres. J.B.G., Inc. and Hugh V. Grant, Pres. H. Grant, . to me well known and kno\VTI 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 ~ r~~ ..,. ... .r ',~t ,.,->> ~~,'~ My Commission Expires: Notary Public, State of Florida at Large My r.nmmission Expires MAY 2, 1972 ,..: .....--- -2 - day of July A. D. 1970. c~ IDiJGb?<<aAJ~ ..- otary Publ1.c Eliza th T. Panar1tes