SIDEWALK AGREEMENT (106)
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731.09668
AGREEMENT
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H40~ PAGE1451 I
JULY , 19~
hereinafter referred
hereinafter referred
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THIS AGRE1~ENT, made and entered into this lath day of
by a<nd between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
to as "Ci ty"; and MONTCLAIR LAKE ESTATES, A CORPORATION
to as "(Mner";
WITNESSETH:
WHEREAS, the Owner Owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
and
Lot l14, Montclair Lake Estates Subdivision
1838 Francis Drive, Clearwater
WHEREAS, Ordinance No..l219 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 13 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 herelo
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.
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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 nccessary 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 installed
for said described real property in accordance with City specifications and standards as
established.
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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 .-Allnotices pursuant to this agreement shallbefurnisbed,tJLthe J:'~sIH~_G.tiYE::part:j,es
at the following addresses~ until receipt of written instructions notifyin~' the other party
,of a different address:
City:
Mr. Merrett R. Stierheim
City Nanager
P.O. Box 4748
Clearwater, Florida 33518
r Itf.CORfI!O
'INELUS CO. 'l,OftIPj
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OURIe tlAcUlr COURT
Owner:
._ . 3110 PM '13
Montclair Lake Estates
1822 Montclair Rd.
Clearwater, Fla. 33515
RETURN TO:
CITY CLEHK
P. O. BOX 4748
CLEAR\VATlm 1r1'" ^,,' "31=:18
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This hy:
HEHBEHi[' " ;':. Attorney
City of ; I'. O. Box 4748
.9l~~lI'vv~ltcr. 1<'iorid a ~:'.fi 18
07-002--0-1)i
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o.~. 4064 PAGE1452
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day &nd year last above written.
CITY
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By
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City Attorney
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Owner .r' N.INI-iJ'//,.
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this? day of ~~ , A. D.~i97.3
before me personally appeared Merrett R. Stierheim, Herbert M~;r04:~ R. G. Whitehead and
H. Everett Hougen, respectively City }lanager, 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 tLereof,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 Pinel1as and
State of Florida, the day and year last above written.
My Commission Expires:
N hry Pu"F' State of Flnr!~J ~t large
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WITNESS my hand and official seal this
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