SIDEWALK AGREEMENT (104)
AGREEMENT
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I (J ~\~\, .)d. 39iO PAGE 504
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THIS AGREEMENT, made and entered into this 19 day of Dec. , 19 72 _
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "Ci ty"; and Montclai r Lake Est., Tnc. hereinafter referred
to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Cleanvater, Pinellas County, Florida:
Lot # 73, 2074 Dawn Dr., Clearwater, Fla.
and
~\THEREAS, Ordinance No. 1219 of the City requires that all land that abuts a plJblic p__
right of way, \-Jhich is-'Eo have ne~.;r 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 Ovmer has agreed that if in the future the City; in its sole discretion,
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 against 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 follmvs:
1. The City ~vill not at this time require the installation and construction of sidewalks
as part of the erection of the building and improvements by the ~vner 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 side~valks installed in connection with said
described real property.
3. The ~vner or his heirs, personal representatives, successors or assigns shall at
his expense within niIlety (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 ~vith 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 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:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
This instrument was 'prepared by:
TTp" "'OTr"Tl\T Pp ..."vn'J City .L\'; torney
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW A TER, FLA_
Owner:
Montclair Lake Est.. Inc.
1822 Wontclair Rd.
Clearwater, Fla. 33515
PINEL['ifCI)/iV/f (,:
~ A~ FLt),l?!t)jj
Cu;,;?,RCU/~
.. COURT
10 2 ~J'1f '13
33518
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U.R. 3970 PAGE 505
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
By
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Gi ty Attorney , ,,' '..
Witnesses:
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As Owner
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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.
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STATE OF FLORIDA )
CDDNTi-ORElNELLAS_ )
Before me personally appeared
to me well known and known 'to me to be the individu
foregoing agreement and acknowledged before me
therein expressed.
in and who executed the
the same for the purposes
WITNESS my hand and official seal this
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