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SIDEWALK AGREEMENT (47) o 0./ :) e 73124662 .~ ;... ,'t. ~I ~ X AT t(,' o. R.4076 PAGE1114 ~ AC r~; 1__;-~" ;..1.' \,;"f hy to to TIII~; ACREENEN1', :~,adc and <'nten:d in to t,his ___~~~__, day of _,_0 .. .... ~,__________,_, 19/?~ and bCt.i..",ceo the C.JTY" OF CLEA)~\J.ATER, FLOK.'ID.\, .a mUllic\Sdl c~t'Pordtio~~'ei1,lCi.fter rCfcrrE.'.:d as "CiLy'!; Clnd _m,c..\-o.JL. ~ ~ ~T C\.,'~~ hcrclnafter referred as 1l0"'ill(:rll; --0 HITNE~;SETH: HIIEREAS, the Oimer O\vOS the follo\ving described real property situated in the City of Clean7atcr, Pinc~ll<1S County, Florida: _ D ...I I' '" ("'.;. ~ _ "'- \' '_', ~ ~ \. '-^--'oo~ ,\'-J~-<- ~ and HHEREAS, Ordinance No. 1219 of the City requires thelt all land that abuts a public right of '\.;'[ry, \\lh:i..ch i~; to helve nO\,7 construction on it, e:Lther for residential, commercial, industrial or other purposes, shall have sidewalks constructed by the owner on, across or adjacent thereto; and HHEREAS, the O\vne1' is erecting certain nC\'l construction on sClid property and has requested the City at this time not to require the immediate installation and construction of sidewalks in connection therewith; and HHERE/\S, the 0\,,11('1.' has agreed that if in the future tlle City, in its sole discretion, detennines that it is advisable i:md necessary to have such sidewalks installed, that the CTdner 1vill, upon notification by the City, have side1VCllks iUlL1ediately installed at his expense, and if he should [ail to do so then the City may have said installation made and impose a lien against the described real property for the cost hereof;, NOH, TIIEllEFORE, in consideration of the foregoing premises and other good and valuable consideration between the parties, receipt of wllieh 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 sidel\'iilks as part of the erection of the building and improvements by the Owner on the above described real property. , 2. The City may at any time in the future n'Jtify the O\mer, his heirs, personal representatives, successers or assigns that the City in its sole discretion has determined that it is advisable and necessary to have side,valks installed in connec'tion Ivith said described real property. 3. The O\offier or his heirs, personal representatives, successors or assigns shall at his expense vii thin ninety (90) days from the notification by the City have side\valks installed for said described real property in accordance vith City ~;pecifications 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 side\valks inst.alled and assess and impose a lien against the described real property for the cost .of the work. ~ ..-4 ll~ ~ ~ ..~~~ O~t--...::I f-< l'il. ~ ~ Z..::1 >< ~ ~UO~ run'ning 'viththe land regardless i: ~ ~ ~ conveyance subsequently executcd,~t~~ heirs, personal representatives, ~O~~ ~ ~, 5. 1111s agreement'''is to be regarded as a covenant of whether it is specifically mentioned in ~ny deeds or and this agreement shall be binding on all parties, the 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 instr~ctions notifying the other party udiffe-reht <'loGress: -----......-- of City: Mr. Gerald Weimer Acting City Nanager P.O. Ho)~ LlllfS Clearwater, Florida 33518 This instrument was prepared by: HERBERT M, BROWN, City Attorney City of Clearwater, P. O. Box 4748 plearwater, Florida 3351~ "!Cl)~OE~ ".I&.U$ CO. fIl0AIO' ~ r."~ OURK CIRCUIT COURT OIvner:""",,~ (..~ \l~d.. ~~ ~~ ~~~~ ~~-' 7/~1 ~JL- o?/S II! 'I ~ 0' PM '73 /)7, OO}- or(/I) . . a. R.4076 PAGE1115 ~ ~ IN .H'JN1:;;S hlllCRECi'-', '-be p,nL:Ll.'S hereto have causf.=cl tller;c presents to be e},[~cuted the clay and year las t Dbovc \\Ti t ten. Countersigned: N 44c!'~~ ~~ .Q. ~ (J As ~~ 't. ~ As ~o~,o. ~ ~H~~ I HEREBY CERTIFY, that on this 10 -d...- day of ~ ' A. D. 197 .3 _ before me personally appeared~B. lJeiRlcr, Acting City Manager, City Attorney, City Clerk and Mayor-Connnissioner of the City of Clearwater, a municipCil corporation ex is Ling under the laws of the StCi teofFlorida;to"lTle-lfriowri -YO -Oeii-lcli vidlia1S - and officers de Sel ibed in and \-7ho 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 ~ffixed thereto, and the said agreement is the act and deed of said corporation. STATE OF FLORIDA COUTNY OF PINELLAS ) ) WITNESS my signature and official seal at Clean-later in of Florida, the day and year last above written. the County of Pinellas and State 1\~.....e~. . ~ - '. ),~ Notary Publ ~<::;'v' _:,,::,:',__ ccc Ny Commission Expires: NofMV Public, State of Florida d LarlJl.' M~ COlllll/;..iulI Expires Sept 1.'1, 19/3 ~ I!2.!!d~g c~y. Sma,iccocQ .Fir. 8. C.SUolly Coc, " ~ -~ '" - '-::J' ~i , , ..., ..... ,-' f' STATE OF FLORIDA COUNTY OF PINELLAS ) ) Before me personally appeared to me well known and known to me to' be t e ~ ividuals described in and who exeucted foregoing agreement and acknowledged before me that they e~c?;.f!Jted the same for the purposes therein expressed. Q.~ c\- \W~ [. WITNESS my hand and official seal this ~Cl 'IH day of A.D. 1972- .~ My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPlf1~S MAY 19, 1975 t:ENCRAL IUSURANC[ Ui"Wlnym:Tl:ns, INC. "