SIDEWALK AGREEMENT (97)
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THIS AGREE1'lENT, made and entered into this 17 day of?el;. , 19_,
by and bet\vccn the CITY OF CLEAR\~ATER, YLORIDA, a municipal corpol"ntion, hel"cinaftcr
referred La ilS "City"; and L"l:tel' ir L[.l~2 1:s ,;. (A Florida Corporation)
hcreinaf- tor rc [erred to as tlOIvner";
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A G R E E H J.: N T
WITNESSETH:
\~HEREAS, the ();mer o~ms the fol10\\'ing described real property situated in the
City of Clearwater, Pinellas County, Florida:
1362 D.nm l)ri ve
.'j;f94 (lot)
l1onte1'; ir LDke Lst~s t.cs sf 11.
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that- abuts a public
right of ~vay, \"hi('h is to have neH construction on it, either for residential,
commercial, indus trial or other purposes, shall have sidcuallcs constructed by the
owner on, across Or adjacent thereto; and
WHEREAS, the OI'111er is ei.-ecting certain ne\" construction on said propert.y and
has recjl.H?Dtcc1 the City at this time not to require the irrU11cdiate installation and
construction of sidewalks in connection therewith; and
WHEREAS, tlw Oim(~r has agreed that if in the future the City, in its solc dis.:'
cretion, determines that it is advisable and necessary to have such sidewalks
installed, that t11e O;vner 'i'lill, upon notificntion by the City, have sidew;,lks
immedint:ely installed at his expense, and if he should fail to do so, thcn the City
may have said ins tallation niade and impos~ a liC:'n against the described real property
for the cost thereof;
NOH, THEREFOH.E, in consideration of the foregoing
valuable consideration between the parties, rec(~ipt of
tbe.parti.<:,s hereto covenant and agree as follO\vs:..
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premises and other good and
~.lhich is hereby acknm.lledged,
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1. The City \>Till not at this time require the installation and construction
of sidcvwlks as part of the erection of the building and improvements by the Ol.mer
on the abovc described real property.
2. The Ci.ty may at any t.i.me in tbe futurc notify the Oimer, his heirs, personal
representatives, successors or assigns that the City in it.s sole discretion has
determined thelL it is advisable and necessary to have side\valks installed in
connection with said aes~riLed real property.
3. The Ovmer or his heirs, personal representatives, successors or assigns
shall at ]lis expensc \"ithin 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 CT.mer or his heirs, personal representatives, successors or assigns
shall fail to .have sidewalks installed for tl1e describ~d real property in accordance
'i-lith City specifications and standards within ninety (90) days from the notification
by the City, then the City may have the side,.lalks installcd and assess and impose a
lien against the described real property for the cost of the work.
5. This agreclnent is to be regarded as a covenant running Hith the land,
regardless of whether it is specifically mentioned in any deedb. or conveyances
subsequently executed, and this agreement shall be binding on all parties, their
heirs, personal rcpreDcntativcs, successors or assigns.
6. All notices pursuant to this agreement shall be furnished to thc respective
parties at the following addresses, until receipt ofwrittcn instructions notifying
the other party of a.different address:
City:
Hr. l-1errett ll. Sticrhcim
Ci ty l-lanagcr
P.O. Box 4748
C1Cllnvater J Florida
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Owner:l1ontc18irLake Est., Inc.
1822 EOilte leiI' He!.
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RECllROfO
~NflUS co. FLORIDA
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ell." CIRCUIT COURT
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R[TURN TO~
CITY CLERK
P. o. BOX 4748
CLEARWATER, FLA. ;3?::t~
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I u.R. 3738 PAGE fi08
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IN \HTNESS HIIEREOF, the pnrtics here to have caused these presents to be
executed the day and year last above written.
.1~LQRIDA
City Clerk
MAR
7 1972
\~itnesses :
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this .1 ~ day of _~/___ , A. D. 197~
before me personally appeared Herrett R. Stierheim, Herbert H. BrOlvn, R. G. Hhi tchead
and H. .Everett Dougen, respectively City Manager, City Attorney, City Clerk and Mayor-
Commissioner of the City of Cleanvater, a munid,pal corporatioj1 existing under the
laws of the State ~f Florida, to me known to be ~hc individuals and officers described
in :inc1 ,v11o executed t11c foregoing Ai3;H~eiHcnt-HndG.(.~"*aJ..l~'.,,,!ckn.o\Jlc.cl.gc~l the execution
therf;of t.o be their free act and deed as snch officcn; U!creunl:o duly 0 authorized; 2nd
that the official seal of said municipal corporation is duly affixed thereto, and the
said ngrecmc.nt is the act 'and deed of said corporation.
HITNESS my signature and official seal at Clc.an:lClter i.n t]le County of Pinellas
and State of Florida. t.he day and year last above written.
By Conunission Expires:
Notary Public, State of Floridll lit brill
My Commi~<inn F.'I):-". 5-.pt 29, niJ
Bonded By American fire & Casualty Co.
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STATE :OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared ~~. ~
to me well known and known to me to b:th'~ individuo1s d;"edbed in m;d ,.,ho executed
the foregoing agreement and ackom-lledgcd before me that they executed the s<1m~ for
the purposes therein expressed. .".".... '-.
HIl'NESS my hand and offic,ial seal this
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day
My COlIun1.ssion Expires:
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This' instrul11ent was prepared by.
- HERBERT M. BROWN, City Attorney
City of Clearwater, p, 0, Box 4748
p"" "sr.'r", Florida 33518
Notary
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