SIDEWALK AGREEMENT (103)
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().;.\'d;~~~772 PACE 470
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AGREEMENT
30 March
~ THIS AGREEMENT, made and entered into this day of
... ny' and between the CITY OF CLEARWATER; FLORIDA, a municipal corporation,
to as "Ci ty"; and Monte lai r Lake Est., Inc.
to as "Owner";
1972
,
hereinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
#41 Montclair Lak~ Est. (Sub.Div.)
and 1850 Montclair Rd., Clearwater, Fla. 33515
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 sidewalks constructed by the owner on, across or
adjacent thereto; and
WHEREAS, the Owner is erecting certain new construction on said property and has
requested the City at this time not to require the immediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the wner has agreed that if in the future the City, in its sole discret,ion,
determines that it is advisable and necessary 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 againit the described real property for the cost hereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration between the parties, receipt of which is hereby acknowledged, the parties hereto
covenant and agree as follows:
1. The City will not at this time require the installation and construction of side.valks
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 necessary to have sidewalks installed in connection with said
described real property.
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 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 conveyance subsequently executed,
and this agreement shall be binding on all parties, the heirs, personal re~resentatives,
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 addres&:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Montclair LaJ'i:e Est .'..j., Inc.
1822 Montclair Rd.
........,
Clearwater, Fla. 33515 ~~,
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RETURN TO:
V CITY CLERK
P. O. BOX 4748
CLEARW ATER, FLA: 83518
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City of CleanvatH,P. O. Box 4748
plearwater, Florida 33618
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iO.R. 3772 PAGE 471
IN WITNESS WHEREOF, the parties hereto have caused these presents to be ~xecuted the
.day' and year last above written.
AS?~Z::S:
City Attorney
:;TY OF/J~r;l
"'C'n'Y"'NaLlag~r .
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Cit~APR
21 1972.
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WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last'above written.
My Commission Expires:
Notary Public. State 01 Florida at Large
My (OllEr,:Ei;n t:ljj[rts Oct. 21, 1974
~unueQ' DY f\me;lcan rITe 6. Lasualty Co.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~~~~
Notary Public
Before me personally appeared c-. . ~
to me well known and known 'to me to be the indi iduals described in and who executed the
foregoing agreement and acknowledged before they executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this
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A.D. 197..:L...
day of
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My Connnission Exp.ires,:
Notlry Public, SUte of FIoiWI . ......
My Commission Expires Sept. 14. 1973
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. Not~y Public