SIDEWALK AGREEMENT (140)
-~
MCCllIOIO
4~'"OR'PA
, )y.J~
ClLIMC altCUIT COUIlI
~
1fOSd436
I
: / -'1'
0//1/1) /~tl/C:I~ I
fI .
0,.. '
.\)
~
..
JIIl3
, ..,I'M'11
o.R.3567 PAGE 822
AGREEMENT
THIS AGREEMENT, made and entered into this l../:;,r- day of JVPt ,197/,
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City"; and PLAYCARE at CLEARWATER
hereinafter referred to as "Owner";
\.JITNESSETH:
WHEREAS, the Owner owns the following described real property situated 1n
the City of Clearwater, Pinellas County, Florida:
1301 North Highland Avenue ~.' I
11-29-15 Metes and Bounds i "'"-,
and
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
bonstructed 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
.. ~oo WHEREAS, the Owner has agreed that if in the future the City, in its sole
~E~ discretion, determines that it is advisable and neccessary to have such
~~~~idewalks installed, that the Owner will, upon notification by the City, have
~ ~ ~ ~idewalks immediately installed at his expense, and if he should fail to do so
2.E~ ~hen theCi ty may have said installation made and impose a lien against the
~ u 0 Q,escribed real property for the cost thereof;
p.. ~ ,"0
w Z Po< 'C
:~ ~2 NOW, THEREFORE, in consideration of the foregoing premises and other good
:~~%nd valuable condideration between the parties, receipt of which is hereby
~ &:Q ;; ~cknov]ledged, the parties hereto covenant and agree as fol1.0HS:
E ~ ,-~j ~
::; ~ ,-') ~
~ 8 U S 1. The City vlill not at this time require the installation and
.S ~ 'b .!qnstruction of side~oJalks as part of the erection of the building and
.~ ~ >. CfJffiprovements by the Owner on the above described real. property.
..c:~......
E-l W ,-
~o 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 sidewalk
installed in connection with said described real property. .
3. The Owner or his heirs, personal represenatives, successors or assign
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 establish~d.
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 against the described real property for
th~ cost of the work.
5. This agreement 1S 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, 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:
Mr. Merrett R. Stierheim
City T"lanager
P.O. Box 4748
Clearwater, Florida 33518
PLAYCARE, INC.
c/o AID
1022 E. Lancaster Avenue
Rosemont, Penna. 19010
b 10 (D [:>:::l/o)
I
I
O.R. 3567 PAGE 823
-IN WITNESS WHEREOF, the parties hereto have caused
executed the day and year last above written.
cour~ d:
ayor-Commlssloner
these presents to be
,- ::: //.'
F . "A ATE'R., FLORIDA
'~~ ... : ,'~'! ",;;{
"
Witnesses:
~~1Lb~' :;t;5.fZ~
I<~C.~
As t~L
~C fh1~'I6b j~'
As to Owner
YL~y'C/lPE, .L,vC.~
"0/' ~4"k......e -
V''72 mer~ A2
"Y'" "&rw~ ~~QP"I
" .~;:;S_.~c;~;<p,.)
<;.. ~ -~,
.,_ \~I'''~~~r
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this ?14ay of~,'~{~b. 'f97L,
before me personally appeared Berrett R. Stierhei~ Herbert M. Brovm, ,
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 co~poration.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
~~"l$~
otary;.PubllC'..' '.
My Commission Expires:
Notary Public, State of Florida at large
My Comm;%iJ:) Expires Oct. 22, 1974
III ~l~ Ll A - '_u 1;'- a. ("acual,v C"~..
-,::,;.-
~~ ">.'
ST1'.TE OF FlORIDA-) u,.c.tA.44:1.......... ....,~rv, .,c- ~V~~_~;p
-COUNTY OF-PINELhA3)~...,-;'\,,\ ~~~ '.'
--" Be-fore me peI$OnallY_...d.ppeared ,..' ,,',' ".~.I4t// 4.PoA,)'vc'-'L.
My Commission Expires:
to me well known and known to me to be the individuals described in and who
executed the foregoing agreement and acknovJledfed before me that they
executed the same for the purposes therein expressed.
WITNESS my hand and official seal this~day Of~A.D:1971.. .
~. \ ~u& ~~~\cfn'\:a.'.' .
otarM"'P\~~lic .\
'''..J' ';: }e. ':
"' MllDRtlJ M. MONTGOMERY
rWTARY ptlBlIC ,:
RADNOR TOWNS:HIP, DElA~ARE C(JUNTY
MY COMMISSION EXPIRf 'Ji' 7'" -',_