SIDEWALK AGREEMENT (135)
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70113271
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0, R, 3435 ~G~ '73
TIns AGREEl-lliNT, made and entered into this ).f d- day of 'll~ , 1970,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hercinnfter
referred to as "Ci ty"; and Kern Harmon and Bernadean A. Harmon, his wife,
hereinafter referred to as "Owner";
A G R E E MEN T
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WITNESSETH:
\VHEREAS, the Owner o\ms the follmving described real property situated, in the
City of Clearwater, Pinellns County, Florida:
Lots 1 and 3, Block C less E. 181, Oak Hill Sub.,
This instrument prepared
Herbert M. Brown
City Hall
Clearwater, Fla.
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of way, \vhich is to have new construction on it, either for residential,
commercial, industrial or other purposes, shall have sideHalks constructed by the
owner on, across or adjacent thereto; .and
715 No. Highland Avenue,
by:
and
WH,EREAS, the O;vner is erecting certain ne\v construction on said property and
has requested the City at this time not to require the immediate installation and
construction of sideHalks in connection therewith; and
WHEREAS, the O.mer 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 Oivner Hill, 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 lllade and impose a lien against the described real property
for the cost thereof; ,
NOH, TIIEREFOI{E, in consideration of the foregoing premises and other good and
valuable consideration between the pal:ties, receipt of \'Jhich is hereby acknO\vleclged,
the parties hereto co~enant and agree as follows:
1. The City will not at this time require the installation and cOilstrtlcLLon
of side\'Talks as part of the erection of the building and improvements by the Climer
on the above described real property.
2. The City may at any ti.me in the future notify the Oivner, his heirs, personal
representatives, successors or assigns that the City in its sole discretion has
determined that it is advisablc and necessary to have side\valks installed in
connection with said aesriribed real property.
3. The Oi,mer or his heirs, personal representatives, successors or assigns
shall' at: his expense within ninety (90) days from the notification by the City have
side\'lalks installed for said described real property in accordance Hith City
specifications and, standards as established.
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4. If the Oivner or his heirs, personal representatives, successors or assigns
shall fail to have sidewalks installed for the describ~d real property in accordance
'vith City specifications and standards \vithin 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 Hork.
5. This agreement is to be regarded as a covenant running withuTlfe land,
regardless of uhether it is specifically mentioned in any decds or conveyances
subsequently executed, and this agreemcnt shall be binding on all parties, their
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall be furnished to tlle respective
parties at the following addresses, until receipt of written instructions notifying
the other party of a different address:
City:
Hr. Merrett R. Stierheim
Ci ty 1'1anagcr
P.O. Box 4748
Clearwater, Florida 33518
Owr.er:
Mr. Kern Harmon
1840 Pine Street
Clearwater, Florida
. No'J Z ~ 2 5 5 ~'M '70
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I-'INELt't,s ,,' " ...i)f,IOA
HARO.LIJ MULLENldiL Cl.ER/\
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OJ 3435PAGt 74
IN HITNESS WHEREOF, the parties hereto have caused these prcsents to be
executed thc day and year last above written.
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Ci Y Attorney
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Clerk
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As to Cl.ty
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Owner
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Witnesses:
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AS'rO Owncr ,;('. . - n .
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this 'j/J/~day of /)?~/Yn~_, A.D. 1970,
before me personally appeared Herre tt R. Sti.erheim, Herbert l-L Brown, R. G. Hhi tehead
and H. .Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-
Commissioner of the City of Cleanvater, a municipal corporation existing under the
lmvs of the State of Florida, to me knOlvn to be the individuals and officers described
in and -who executed the foregoing Agreement and severally acknmvlcdgecl the execution
thereof to be their free act and deed as such officers thereunto duly authorized; and
that the officio1 seal of said municipal corporation is duly affixed thereto, and the
said agreem~nt is the act and deed of said corporation.
~~,;~;..~~~;'
W'FfN~.SS mypignature and official seal' at Clcanulter in the County of Pinellas
and.St.wte of'f.Florida, the day and year last above ,\Tri tten.
~-<A-~ 1t3de/
Notary Public
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;<;l1Y Comn)~ssion Expires:
, ' Nohiy Pllbf\t, S~<l~ll of Flonda at large
Mv C~m~js iOil &](:1:;':;5 Od. 22. 1974
al\lb~.~ ~, AH.~,.ilU, fi,. Ii r.~...hy, r~
STATE OF FLORIDA )
COUNTY OF PINELLAS)
to
the
the
me B::::e I:::w:c:::n::::n a::e,::":o b:' tl:.:d:::~" :e:~::d A~!iQ~~;'
foregoin8 agreement and <1cknoHledgcd before me that they executed the same 'for
purposes therein expressed. ' . i
wife,
WITNESS my hand and official seal this
5th
day of NoV_~;(('~.A:D. 1970.
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C:./??'U~e ~ ~~zf-
, Notary PubUf
By Commission Expires:
NOTARY PUBLIC, STATE Of flORIDA AT LARGE
MY COMMISSION EXPIRES MAr.. 28, la72
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