SIDEWALK AGREEMENT (22)
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'rEIS AGH,EEi'viENT, made and entered into this 15th day of February
19 74 by and between the CITY OF CLEAR WATER, FLORIDA, a municipalcorpol'ation,
hereinafter referred to as 'ICity"; and Kyle McAninch & Betty McAninch (His Wife)
hereinafter referred to as "0wner";
WITNESSETH:
W;J.EEJBEAS, the Owner owns the following described real property situated in the
City of Cl'ea,JWater, Pinellas County. Florida, to wit:
Lot' 55 - Unit 1
and Gulf to Bay Estates & / p- :;J q. /::c
1,~rHEREAS, Section T~g50FUl~ ~5a~tof Ordinances of the City requires that all land
that abun3l a public right-of-way, which is, to have new construction on it, either for resi-
dential, C1:ommercia1, industrial or other purposes, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
\VHEREAS, th::; Owner is erecting certain hew construction on said prope rty and has
req1..lll\f:st:td the City at tir..ciis time 110t to .require the immediate installation and co nstruction
of ;$lid:e-'I\~a1ks in conne:ction the::rewith;a.ud
WHEREAS, the; Own.er has agreed that if in the future the City, in its sole discretion,
determine s that it is.i\tJmvis:.a'b1e :and necessary to have such sidewalks installed, that the
Owner will, upon not:if-:ic21::ti.oD. -;by the City, have sidewalks immediately installed at his ex...
pense, and if he shoo:ldfail toO do so then the City may have said installation made and impose
a Hen against the described real property for the cost hereof;
NOW, THEREF'ORE" :i~,l cons:ideration of the foregoing premises and other good and
valuable consideratiio]ll between the parties, receipt of which is hereby acknowledged, the
parties hereto cover..:.tlJJL."1t aTI!d agree as follows:
1. The City 'will not at this time require the installation and construction of
side'iial!ksas part of the erection of the building and improvements by the Owner on the
abov"e ((;lescribed reall property.
;?.. The City xnay at any time in the future notify the O\7ner. his heirs, personal
rep'res",~rtatives, successors or assigns that the City in its s01e discretion has determined
that it is advisable and necessary to have sidewalks installed in connection with said
described real property.
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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 sidewalks in-
stalled fO:!1 said described :real property in accordance with City specifications and standards
as established.
4. If the Owner or his heirs, personalrepresentativei;, successors or assigns ~11
'.. ~il to have sid~wa1ks installed for the described real property in accordance with City
~ ~~ecificati([)ns and standards within ninety (90) days from the :notification by the City,
~ ~tp,~ the City may have the sidewalks installed and assess and impose a lien against the',. ott
~ >,&~:dbed real property for the cost of the work. e ~ ;:t
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~Z~~ ~u 5. This agreement is to be regarded as a covenant running with the land regard~esi
~ 2::~,f, ;*hether it is specifically mentioned in any deeds or conveY<Lllce subsequently execute ,H 0'
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...,~~n9--this agreement shall be binding on all parties, the heirs, personal representatives,t.:it1,'E;:
~ P=l sueces s or s or as signs. A:;
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~ (; ~ ~ 6. An notices pursuant to this agreement shall be funished to the respective;partie~
~~ ~ ~Cbhe followl:n;i~ addresses, until receipt of \vritten instruction:; notifying the other party
.r: ~ O! a different address:
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City:
City Manager
PO Box 4748
Clearwater, Florida
klCUROlD
:,..aus CO. 'LOR/OA
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Ownel':
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Mr. & Mrs. Kyle McAninch
3140 Downing Street
Clearwater, Florida 33519.
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o.R. 4141 PACE
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cau1.Scd these presented to be
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., ""-1;r WIT1'iF::::S IY'fiERI'O:F, the parties hereto have
executed the day and year last above written.
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FLOR,;L,l?A
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Witnes ses:
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As to CIty
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~~~ ~?:hY~ (SEAL)
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Owner
STATE OF FLORIDA
COUNTY OF PINE[,;fL,.f\..8
I H,' ERE~iB",;Y "t,CJR:1ffi,'" '~,TK, ,FW" ,t,,,.t om liMs ;Z:) day of ~ ,19 7 Y ,
befonre nll~; per$((!I]J];aJJ]y CillppeaJred ~B. 1-~ ~ P1 ,~ Cj ~'J-,
and 1/. ~.p:t:(1~- , res;pecti:ve1y Cit Manager, City Atto/ney, ttity Clerk
and 'crltfiay')'}r,-C([!n1!~ the City of Clearwater, a nlUnicipal corporation existing under
the :Lm."l'w's ,cff ii-he: ,51ta'l>'!; 0'ff F1:Ul":iJih, to ITl.C' 'kno'\vn to be the individuals and officer s described in
and v;iho eX'lc'cute''ill the foregoing Ag:i.eement and severally acknowledged the execution thereof
to be their :!free aJct and deed as such officers thereunto duly authorized; and tha'~ the official
seal of saId! municipal corporation is duly affixed thereto, and the said Agreemeut is the
act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the
and State or Florilda, the day and year last above written.
A.Ad, 'c
~Public
County of Pinellas
My Commission Expires:
NotarY Puhlic, State of Florida ot lorgf
My Conunission Expires s.pt. 29, 1977
Bonded by American Fire & Casualty Co.
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STATE OF FLORIDA )
* COUNTY OF PINELLAS }
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Before me personally appeared KYLE K;ANINCH AND BETTY MCANINCH (HIS WIFE)
to me well known and known 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 expres sed.
WITNESS my hand and official seal this
15th
da y of
February
, 19 74
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My Commission Expires:
NOTARY PUBLIC, STATE 01 FLGI\lDA at LARGE
hlY ~OMMISSION EXPIRES SEPT. ??, 1974
BONDED THRU FRED W. DIESIWtURSI
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