SIDEWALK AGREEMENT (139)
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9- J'~71
C.R. .3621 PAGE 722
71102062
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AGREEMENT
THIS AGREEMENT, made and entered into this 7th~__~ay of Seutemger,197-l
by and between the CITY OF CLEARWATER, FLORIDA, a rulnlclpal corporatlon,
hereinafter referred to as "City"; and Mr. Norman L. Enzor and his wife.
hereinafter referred to as "Owner"; Janice Enzor
WITNESSETH:
WHEREAS, the Owner owns the fOllowing described real property situated 1
the City of Clearwater, Pinellas County, Florida:
405 North Jupiter, Clearwater, Florida
Lot 57, Drew Terrace
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abut
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
WHEREAS, the Ot.mer has agreed that if in the future' th'e City, in i ts sol~
discretion, determines that ii is advisable and neccessary 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 s(
then the City may have said installation made and impose a lien against the
described real property for the cost thereof;
NOW, THEREFORE, inconsideration of the foregoing premises and other goo<
and valuable condideration between the parties, receipt of which is hereby
acknowledged, the parties hereto covenant and agree as follows:
1. The City will not at thi.s 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 in its sole
discretion has determined that it is advisable and neccessarv to have sidewal~
installed in connection with said described real property.
3. The Owner or his heirs, personal represenatives, successors or assiqr
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 lienagg.inst: the describccLreal_ pr.'.operty for
the cost of the work.
5. This agreement lS to be regarded as a covenant runnlng 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, the
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 1883 Oakdale Lane, South
Clty Manager Clearwater, Florida
P.O. Box 4748
Clearwater, Florida 33518
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07 ,OW5
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to be
IN" WITNESS WHEREOF, the parties hereto have
executed t e day and year last above written.
.
FLORID
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Witnesses: ,,J
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e;s to O\vner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /~Pzaay of ~, A.D. 1971-,
before me personally appeared Berrett R. StierhEhm, Herbert M. BrovJl1,
R.G. Whitehead and H. Everett Hougen, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner of the City of ClearHater,
a municipal corporation existing under the laws of the State of Florida, to
me known to be the individuals and officers described in and \vho executed the
foregoing Agreement and severally acknowledged the execution theremf to he
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
Pinellas and State of Florida, the day and year last above written.
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Notary Publlc
My Commission Expires:
Notary Pub!ic. St~~(! of Florida at large
My Co:nrr.:!!iJn E':;:ires Od. 22, 1974
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'1j ~ oo::j< 00 STATE OF FLORIDA )
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~ ~ ~ ~to me well known and known to me to be the' indTv:iduaIs--2fe~scrl])'ed"in-and
~ 2 ~ ~executed the foregoing agreement and acknov]led~ed before me that.,J::b.~y
S ~ E ~executed the same for the purposes therein expressed .......... ,,', i
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Before me personally appeared
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Norman L. & Janice L. Enzor
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WITNESS my hand and official seal this 7th day ofSept.,."A.D.:.:. 1.9,? 1:..-.
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otary Publl .
My Commission Expires:
NOTARY PUBLIC, STATE OF FlORmA AT lARGE
. MY COMMISSION FXPIRf<: MdV ?~. lQ~1