SIDEWALK AGREEMENT (120)
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731.05178
AGREEMENT
by
to
to
THIS AGREEMENT, made and entered into this
and between the CITY OF CLEARWATER, FLORIDA, a
as "City"; and Mary L. Nobles (a widow)
as "OIvner";
l8th day of Julv , 19B-,
municipal corporation, hereinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner Owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
and
l003 Engman St.
Lot 2 Block D
Palm Park Subdivision
WHEREAS, Ordinance No.l2l9 of the City requires that all land that abuts a public
right of way, which is to h2ve 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
\-JHEREAS, the Owner is erecting certain nelV construction on said property and has
requested the City at this time not to require the iwmediate 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 notificat ion by the City, have side,valks 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;
NOI.\i", THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration betHeen 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 improvements 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 1..1 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 sidew,alks installed
for said described real property in accordance with City specifications and standards as
established.
4. If the Own~r 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 shall be furnished to the respective parties
at the follOlving addresseslf until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
RETUHi; TO:
CITY CLEEK
P. O. BOX 4748
CLEARWATER, FLA. 33518
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PINEllA'tCC, Ft:C'illl)~
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tLEt\K CIRCUIT COURT
.. l \Q 21 Mi '11
Owner:
Mary L. Nobles
1003 EngdJ.an St.
Clearwater, Fla.
Tl:..l.S j'~-:'f;'~~rLrm;~':nt \",'t~ :-:~ pl'C:J::-:""\(~ by:
HZ,:,BE:~ ;'L ERO\'~i? T, i;lty Ii Lomey
Cief c2 C:c~: \.'d~'" P. O. Box 4748
,Clearwatcl", l'luricla 33518
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IN WITNESS ~~EREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
d correctness:
By
wzses: _
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As to City
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(};oJner
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I HEREBY CERTIFY, that on this / J day of' , A. D. 197.3
before me personally appeared~r~~~R. Otic!hei~ Herbert M.Rrow , R. G. ~~itehead and -
H. Everett Hougen, respectively/~anager, 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 thnt the official seal of said municipal
corporation is duly affixed thereto, and the said agreement is the act and deed of said
corporation.
STATE OF FLORIDA
COUNTY OF PINELLAS
WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
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My Commission EXp'ires:
Notary Public, State of Flonda at Large
;'IIy Co.nr.1tHioil Exj:ircs Sept. 29, 1973
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STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personally appeared
to me well known and known 'to me to be the indO
foregoing agreement and acknowledged before m
therein expressed.
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WITNESS my hand and official seal this ~ ~ day of
in and who executed the
the same for ,the purposes
i ;]!
197 3.
'II
My COlmnission Expires:
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