SIDEWALK AGREEMENT (7)
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74094f33 AGREEi\[ENT I
Tl US AGREEl\ rENT; made and entered into this 28th day of June
19 74 by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hercinaher referred to as "CHy"; and John H. Fullerton & Carol J. Fullerton
hereinaj!!Jer refcrred to as lX)vmcrl';
u. R. 4193 PAGE
20
WITNESSETH:
WHEREAS, the.: Ovner owns the following described real property situated in the
City of Clearwater, Pik~'eI1as County, Florida, to wit:
~,
713 Dempsey Street -' Lots 18 & 19, Block 4, Lake Be1leview~
and
WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that alllalld
that abuts a public right-of-way, which is to have new construction on it, either for resi-
dential, comm,ercial, industrial or other purposes, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
WHEREAS,. tfuc Owner is e:rcccting certain new construction on said prope rty, and has
reqp.ested the City ~.at this time not itD require the imn1.ediate installation and ro nstruction
of n:idewalks in crm.:mection therew-i.t16; and
WHEREAS", the Owner haS' :agreed that if in the future the City, in its sole discretio~,
determines that iilt IS advisable and aecessary to have such sidewalks installed, that the
Ovmer will, upon notification by tfu:e City, have sidev.ra1ks immediately installed at his ex-
pense, and if he should fail to da) ,~o then the City may have said installation made and imp05
a lien against the described real property for the cost hereof;
NOW, THEREFORE, ir: cllDlSideration of the foregoing premises and other good and
valuable consideration between f1h<e parties, receipt of which is hereby acknowledged, the
parties hereto covenant and agrc:~e ::.llS follows:
1. The City will not at trhrl.!, tilne require the installation and construction of
sid'ewalks as part of the erection' al the building and improvements by the Owner on the
above described re;m property.
2. The Ci'tZ;- may at any ti:a:nr.f(~ in the future notify the Owner, his heirs, personal
representatives, successors or :];ss-.jgns that the City in its sole discretion has determined
that it is advisabl~ and necessar)~ te. have sidewalks installed in connection with said
described real property.
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3. The Owner or his hebs" personalrepresentativ:es. successors or assigns shall
at hi:. expense within ninety (90) days from the notification by the City have sidewalks in-
stalled for said described rcal property in accordance with City specifications and standards
as es:~ablished.
4. If the Owner or his heirs, personal representative;;, successors or assigns sh2.11
fail to have sid~walks installed for the described real propert'f in accordance with City
speciD.cations and standards within ninety (90) days from the r.otification 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 agreenlCnt is to be regarded as a covcnant rU!'.ning with the land regardless
of whether it is specifi,cally mentioned in any deeds or convcyance subsequently executed,
and this agreemcnt shall be binding on all parties, the hcirs, personal representatives,
successors or assigns.
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6. All notices punmant to this agreement shall be funished to the respective parties
at the following addresses, until receipt of writte? instructions notifying the other party
of a difkxent adclres s: '.''0' 'l~
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City.:
City'Manager
PO Box '1748
Clea:Twater, Florida
Ownc!.':
John H. & Carol J. Fullerton
1747 Eaton Drive
Clearwater, Florida
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i /' RETURN TO:
V CITY CLERK
, P. o. BOX 4748 \
~LEARWA TER, FLA. 3.);'1 R (~J
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., # IN WITNES~'; \\ ilEH.IOl', the partil:: hereto h,1VC ca4<;cd thl'~;l' prc::('llt.:d to h.
(7x~cutul the dLlY and yellr last above \Vrith~n.
a. J, 4193 PAGE
21
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By
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APP~d as to form & correctness:
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City Attorney
Wiry~
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As to City ,
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xj-d 1(-r~AL)
(J~~EAL)~
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As to Owner
Owner
STATE OF FLQ)!RIDA
COUNTY (QFP!b"\J"ELLAS
I J.!lcEB,1ClBY CER TTFW. tha:t on this II d. da y of , 19
before rr~e :;per~3;'cmally .a:pp(~.a;red ,~~ . . R. G.
and H, ~ I~ r'espectively City anager, City Attorney, City Clerk
and !v!:ayor-Corrnmssionel 0] the City of Clearwater, a municipal corporation existing under
the la,vB 5:'>5 Hu:' 5-rate of Fl!i:rida, to me known to be the individuals and officers described b
and who executed the foregoing Agreement and severally ar;knowledged the execution thereof
to be their free act and deed as suc:h officers thereunto duly a"cJ,thorized; and that the offici;:l
seal of said rrmnicipal corporation is duly affixed thereto, and the said Agreernent is the
act and deed of said corporation.
WI'1'NESS my
and State oir }""lorida,
signature and official seal at Clearwater in the County of 1='i:r;1,y)las
the day and ycar last above written. ~~'":;':~~> ,_
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Mv _COlnmission Expires:
NoMrr MIle. State of FIcIrlcl. at largO!
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ST ATE OF F LOIUDA
COUNTY OF PINELLAS
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Before me personally appeared J8I-1N;/ ;:;,,~ t.ER7iJ4 f &Ro.<:,:!J bLLERT4N
to me well known and known to me to be the individuals descri bed in an.d"\vllQ. e::l::f~'cuted the
foregoing agreement and acknowledged before me that they exr.cuted ,~'~~l~e-f.;'t'.i~
purposes therein expres sed. :E~,~/ (.~ v'" ,,;';;.'~
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WITNESS my hand and official seal this
My Conmiis sion Expires:
HOlAIt'/ PUBLIC STATE OF flORIDA AT LARGE
M~ COMMISSION EXPIRES JAN. 25, 1977
BONDED THIiU G~NtRAL INSUAANC~ UNOERWRlTER~
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