SIDEWALK AGREEMENT (105)
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o. R.3994 fAGE1952
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AGREEMENT
THr~ AGREE~mNT, made and entered into this 31
by and between the CITY OF CLEARWATER, FLORIDA, a municipal
to as "Ci ty"; and ~~itKxooxlx Montclair Lake
to as "Owner";
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day of ,Jar. , 19
corporation, hereinafter referred --
Estates, Inc. hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida: ~
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and ~ontc1air Lake Estates Subdivision
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 Owner 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 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 imprC"vements 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 representatives,
successors or assigns.
6. All notices pursuant to this agreement sP;"lllbe furnished to the respective parties
at the following addresses~ until receipt of written inbrructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
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Owner:
~'Tortcl;:jir T~ke Vet
A. P"Y") e s C. R 11 S h . ,
2044 D8wr Dr.
C 1earwa te"Y', Fla. 13515
This instrument VnlS prcp::u'8d by:
I-Il~I~,B:r?.~:n,1\ J\t. I-r~'~ C~ i,:\/--."-~ :"~ :,~;.,r 1-\t.torney
City of Cj"<ln'.'?,!;'l, . 0, :;~i):,; 4748
, Clearwater, Flu,';,Ja :;3518
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CITY CLERK L / y
P. O. BOX 4,'48 0
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O. R.3994 PAGE1953
IN v.tITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
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By
Approved as to form and correctness:
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City Attorney
B MONTCLA~R L~KE l!]:Z' INC.
cutive Vice Prest~ " ,.
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STATE OF FLORIDA
COUNTY OF PINELLAS
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day of ~~, , A.D. 1972
before me personally appeared Merrett R. Stierheim, Herbert M. Bro~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 individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution thereof 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.
I HEREBY CERTIFY, that on this
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WITNESS my signature and official seal at Clearwater in the County of Pine11as and
State of Florida, the day and year last above written.
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My Commission Expires:
P bl' State of fbr:~~ at \.arge
Notary U Ie., '. .~"' ;"' 197~
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! 80ncicd By Amenc.an rile
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STATE OF FLORIDA )
COUN1;'Y OF PINELLAS.)
Before me personally appeared
to me well known and known'to me to be the ind
foregoing agreement and acknowledged before me
therein expressed.
.f>re_sident of said
corporation;
Executive Vice
idua~~described in and. who executed the
that ~~ executed the same for the purposes
WITNESS my hand and official ~~al this
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day of
.It~
A. D. 197 3.
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My Commission Expires:
Notary Public, State. of Floridl :t ~~;
My CommISSion ["..ere! ~&ilt 1
Bonded By Ame.ic;a,n FI.e &., C.'.llty ~~