SIDEWALK AGREEMENT (79)
o
o
~ICC<<DID I
...~n.O"IDA "
~'1 ~ rJ'.-A.....
ILPK Cl8WlT QOUR'
l' 0 6 d 4 3 S-
I
, '.A".. ',....,'. ",.."~' . ......'.,.," .0' .~ --;
1~ n- %~
I
I
I
O.t 356i PAGE 820
c
v
o
o
\st (;
.. 23 I... i')M '1'
AGREEMENT
THIS AGREEMENT, made and entered into this ~~y of
by and between the CITY OF CLEARWATER, FLORIDA, amunlcipal co
hereinafter referred to as "City"; and
hereinafter referred to as "Owner"; Robert C, Yarmesky and Ru h S. Yarmesky,
his wife,
,197/,
ratlon, -
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in
the City of Clearwater, Pinellas County, Florida:
and
Lot 87, 2nd Addition, Windsor Park
2057 Little Neck Road, Clearwater, Florid~
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 installa-
tion and construction of sidewalks in connection therewith; and
>.
..Q)r:J:)
E ~ ~ WHEREAS, the Owner has agreed that if i.n the future the City, in its sole
"2 ~ ~ ~scretion, determines that it is advisable and neccessary to have such
8 ~~~idewalks installed, that the Owner will, upon notification by the City, have
~'5 0 ~dewalks immediately installed at his expense, and if he should fail to do so,
a - ,~en the City may have said installation made and impose a lien against the
~~~~scribed real property for the cost thereof;
"'_ ...'- ~ I"""""t
"On[::t.o
~r~~ ~ NOW; THEREFORE, inconsideration of the foregoing premises and other good
~f. r~d valuable consideration between the parties, receipt of which is hereby
2:~12~knowledged, the parties hereto covenant and agree as follows:
"';;1 t; U o\l
r' .f'~ a.>
.~ ~~.:l 'tj U, 1. The
~ ~ tconstruct ion
E-l ~ uimprovements
City will not at this time require the installation and
of sidewalks as part of the erection of the building and
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 neccessarv to have sidewalks
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, 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 agail1sJ: the descpihed real prope.r>ty fe-I'
nt_h_eCQs:t .of_, the. W_Qrk. .
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 conveyances
subsequently executed, and this agreement shall be binding on all parties, thei
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: Owner:
M~. Merrett R. Stierheim Mr. & Mrs. Robert C. Yarmesky
CJ. ty Manager 40 Murray Avenue
P. O. Box 4748 . Westfield, Massachusetts 01085
Clearwater, FlorJ.da 33518
0'7 Q) 6 CJ:)
(23'
o
o
<) 0
<:>
0 0 0 )
< 0
0 0 0
0 c
c I
O:R. 3567 PACE 821
c 0 _
'.
" 0
o '0 c......
0"
IN WITNESS WHEREOF, the parties hereto have
executed the qay and year last above written.
FLORIDA
--
to be
APP~.' to fo &
~ k-
Cl. Y ttorne f
correctness:
Witnesses:
~~~
A:~~C.~
~:tn
L,,'
STATE OF FLORIDA )
COUNTY OF PINELLAS)
, r ~
I HEREBY CERTIFY, that on this 'J-/~aay of / , A.D. 197 I ,
before me personally appeared Merrett R. Stierhei~, Herbert M. Brown~
R.G. 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 the individuals and officers described in and who executed the
foregoing Agreement and severally acknowledged the execution there0f 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 s~a1 at Clearwater in the County of
Pine11as and State of Florida, the day and year last above written.
-#
/~~~
otary Pub11.c '.
M~ Commiasion Expires:
"Notary Pubhc, State ot FlOrida at urge
My Com:L;",i';;ll fxj)ires Od. 22, 1974
Bonded by American Fire & Casually Co.
.t,
MASSACHUSETTS
STATE OF ~~ )
COUNTY OF PnTr.lPll>> HAMPDEN
',' ~ ~ "'"
,
Before me personally appe.ared-Robert-e; -ahdRiith- S Y~T'mp,.,L-JT
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same for the purposes therein expressed.
My Commission Expires:
WITNESS my hand and official seal this.3..!:Lday of JlInp A.D. 1971
~~~~
[Thomas J, Howard Jr" Notary Public
My CommISSion Expires
Feb. 10, .1978
, . I . ~:i~ J 1; 4 i.i, ,
,.~., ~.. rJ (J r" I "'1/
,c:. ~., "'...."110.......;..; ~,/.t'/ ....//
/" '').J.:;o-f.; ," : ._"..; :?~ \.
Z~~.\:.l" -"_('{". ';" ~
. ...... " ' t ~ -- ,,,"
~ _ir .,;: ~ ',.'_~~J"'\~"~ :;~
~,,,,",: ~../;...oo. '" ,7,.
~({;'~ r liB: \V ;~'..i
..,:'.":C?i'A'~'.'~'{
.illl/Ud~:
February 10, 1978