SIDEWALK AGREEMENT (72)
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.,0105716
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Q,R. 3423, rAGE 328
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A G R E E MEN T
TIns AGREEHENT, made and entered into this ~dd~y of tP~ _, 1970,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City"; and John H. Prince and Lyle F. prinee. his wife
hereinafter referrcd to as "Owner";'
WITNESSETH:
Lot 16,
the following described real property situated, in the
County, .Florida:
Unt7 3
Block H, Sunset Lake Estate (1619 Algonquin Drive)
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\YHEREAS, the Owncr mvns
City of Clearwater, Pinellas
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 sidevlalks constructed by the
owner on, across Or adjacent thereto; and
WHEREAS, the O;vner is erecting certain ne\V construction on said property and
has requested the City at this time not to require the immedi.ate installation and
construction of sidc\v<1lks in connection there\vith; and
WHEREAS, the OiViler 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
:;, g ~ installed, that t11e OIoJner will, upon notification by the City, have sidewalks
~2 t~;; iunnediately installed at his expense, and if he should fail to do so, then the City
;:] ~': :~ ~ may have said ins tallation 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
'CO"..Svaluablc consideration between the parties, receipt of \'Jhieh is hereby ackno\vledged,
. JJ (:::.. the parties hereto covenant and agree as follo\v5:
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1. The
sidc'lValks
the above
City will not at this time
as part of the erection of
described real property.
require dIe installation and construction
the building ancl improvements by the Ovmcr
2. The City may at any time in the future notify the Ovmer, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has
determined that it is i.lClvisable and necessary to have sidewalks installed in
connection with said aesriribcd real property.
~. The C>:mer or his heirs, personal representatives, successors or assigns
sha.l1 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
specifications and,stanclards as established.
4. If the o.vner or his heirs, personal representatives, successors or assigns
shall fail to have sidewalks installed for tIle describ~d real property in accordance
with City specifications and standards ";,chin ninety (90) days from the notification
by the City, then the City may IIClVC the sidewalks installed and assess and impose a
lien against the described real property [or the cost of the work.
5. This agreement is to be regarded as a covenan.t rumHngHith the'land,
regardless of \'lhether 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 pa~ty of a different address:
City:
Mr. Merrett R. Stierheim
City Nanager
P.O. Box 4748
Clearwater, Florida 33518
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Owner:
Mr. John H. Prince
1619 Algonquin Dr.
Clearwater, "Fla.
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o,~. 342~~ PAGt'329
IN WITNESS ~lEREOF, the parties hereto have caused these presents to be
executed the da and year ast above written.
FLORIDA
Witnesses:
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As to City
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As to Owner f' 7' .
STATE OF FLORIDA )
COUNTY OF PINELLA'S)
I HEREBY CERTIFY, that on this 3t'~day of a~, A.D. 1970,
before me personally appeared Herre tt R. Stierheim, Herbert H. Brown, R. G. tilli tehead
and H. .Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-
Connnissioner of the City of Clearwater, a municipal corporation existing under the
lmvs of the State of: Florida, to me knmm to be the individuals and officers described,
in and who executed th~e foregoing Agreement and severally acknmvledgecl 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.
wrfNESS my signature and official seal at Clean,later in the County of Pinellas
and Stci1::~,'of Florida, the day and year last above \vritten.
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Notary Public
M~'COllJJ1l.issjon E~p;ires'
'NIJtaryPOO:ic,)\ilta of Fbnda <!t &nje
My CO!lFois:iul ~x;;rl:lS Cd, 12, 1174
tone.ol by ",fM'::3n F;,. & C.soalty Co.
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STATE OF FLORIDA )
'COUN-tY-OF-'P-IlfELLAS)
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to me \vell known and knmm to me t be the individuals describ(ed in and \vl1o excC'ut(:fif~1
the foregoing agreement and acknowledged before me that they executed the same for
the purposes therein expressed.
Before me personally appeared
WITNESS my hand and, official seal this
Jt--d
day of
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M~ Commission Expires:
otary Public" State of FI,,~' ~!,l at large
My ,CommisSion Lx:;'''', (}:I~O, 1973
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