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SIDEWALK AGREEMENT (77) "M",.,""r;""'_H'~'-"""""" "-~ MCO"<<DI 4.~e~I.O~ - ,,~ ,....u-......-. Gl.1IlIC QRtUlT COUlP I cd-V 71069980 o.R. 3570 PACE 293 al8 2 1t7 f~" '1' AGREEMENT -----' THIS AGREEMENT, made and entered into this Itt!1....- day of --=.J UN e: ,197 ( , by and between the CITY OF CLEARWATER, FLORIDA, a Municipal corporation, hereinafter referred to as "City"; and Louis E. and Bertha E. Turner hereinafter referred to as "Owner"; WITNESSETH: ~ I WHEREAS, the Owner owns the following described real property situated in . ~ ~1 the City of Clearwater, Pinellas County, Florida: ""I:- .s o:jl ..., < ~ ~ 1513 Sandy Lane ;>,~ ~\ Lot 5, Block C ... G 0 C:and . Highland Estates of Clearwater ~ ~ .~i WHEREAS, Ordlnance No. 1219 of the City requires that all land that abuts ~ ~ p..'~ public right of way, which is to have new construction on it, either for ~ 6 ~~esidential, commercial, industrial or other purposes, shall have sidewalks ~ ~~''d ~onstructed by the OHner on, across or adjacent thereto; and Q) ~ ~ <l,)[ ~ ~ ~ ;\ WHEREAS, the Owner is erecting certain nevJ construction. on said property ~~u ~nd has requested the City at this time not to require the immediate installa- .5 t'il ~ cJj1ion and construction of sidewalks in connection therewith; and .!I ~ >. ~~6 WHEREAS, the Owner has agreed that if in the future the City, in its sole ~ discretion, determines that it is advisable and neccessary to have such sidewalks installed, that the Owner will, 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 made and impose a lien against the described real property for the cost thereof; NOW, THEREFORE, inconsideration of the foregoing premises and other good and valuable consideration between the parties, receipt of which is hereby acknowledged, the parties here-to 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 the 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 its sole discretion has determined that it is advisable and neccessary to have sidewalk~ installed in connection with said described redl property. 3. The Owner or his heirs, personal represenatives, successors or assi~n~ shall at his expense within ninety (90) days from the notification by the City have sidewalks installed for said described real property in accordance with 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 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 work. 5. This agreement is to be regarded as a covenant running with the land, regardless of whether it is specifically mentioned in any deeds or conveyances subsequently executed, and this agreement shall be binding on all parties, thei 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: Owner: M:-. Merrett R. Stierheim ,^h ,\,I\f\,{). I ~ v E '~e,J tt Cl ty Manager , v,R.. q.. 1 ,',,-S "-1J ''- l '0 ( P.O. Box 4748 . /5F3 SAND\., kA~\L. Clearwater, Florlda 33518 \ " Q L e:Af2-uJ ATf-R. \ lLC~~ D ~ __ 3 3~ I:> '07003 a::{21) ,.- '"'-~~"~ ~ I 1 O.R. 35 iO PAtE 294 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year last above written. FLORIDA A~.. . c~ ty C e~ Witnesses: ~ ~ "-~CL~ , ~c~~~. wner n~ f"l..SL~ <c. -,. A{~1tti/ ~~~ ~Qj~~OO,& 7' W~~ I&cJJd< As to Owner STATE OF FLORIDA ) COUNTY OF PINELLAS) I HEREBY CERTIFY, that on this p'~ay of ~/ , A.D. 197 L, before me personally appeared Berrett R. Stierheirg1, Herbert M. Brown, R.G. Whitehead and H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution there@f 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. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. ~~~ it!'J.dV otary Publlc My Commission Expires: Notary Public, State of_ Florida at large My (offimis,i(lR Expires Od, 22, 1974 a........t_..I ....r A_"_'~R 1:".... j) r~ ~"l r_~ ~~ '. STATE OF FLORIDA ) COUNTY OF PINELLAS) Before me personally appeare~ ~ if , .,-\'-~ .\ ~ : -. . to me well known and known to me to be the individuals d,e,6:c;'5:~ect in and vlho executed the foregoing agreement and acknovlledged befor~;# ~ha~/:tb'ey executed the same for the purposes therein expressed.:: 'E _:,,~' _" WITNESS my hand and official seal thisL1-t{ay of . ~\ "/J.iD-.C~.:;?.L' My ~lSs:iDIG':BX<Rires: !$oY ommlssion Expires Oct. 30 ; ;' ~ ., ndedby 1 ransamerica Insuran' ~e (' . . '-' ...~o.