SIDEWALK AGREEMENT (24)
AGREEHENT
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THIS AGREEMENT, made and entered into this _~,,5th day of _May__~~~~_", 19__~~
by and between the CITY::OF CLEARHAl'ER, FLORIDA, a municipal corporation, IIL'reinaIf.err-C' f:erred --
to as "Ci ty"; and _R.fzza Hut of. St. Petersburg No_~_~_?__r.?C ._________ heleindfter ~-e[ccred
to as "Ol-/ner";
WITNESSETIl:
WHEREAS, the Odnero\vns the follmving described n~al property E:ituaLed in the City of
Clearwater, PinellasCounty, Florida:
See Exhibit "A" attached
a.nd
\~liEREAS, Ordinance No. 1219, of the City require::; 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 O(,mer is erecting certain new construction on said property and has
requested the City at this time not to require the inTIl1ec1iate installation and construction
of side'11alks in connection therewith; and
\o.THEREAS, the Ovmer has af,reed 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 'Ivill, upon notification 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;
NOhT,111EREFORE, in consideration of the foregoing j)remises and other good and valuable
consideration betveen the parties, receipt of vJhich is hereby aclmo\dedged, the parties hereto
covenant and agree as foll01'lS:
1. The Ci.ty will not at this time require the installation and construction of sidewalks
as part of the erectiQn 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, succeSEors or assigns that the City in its sole discretion has determined
that it is advisable and necessary to have side'IValks installed in connection \-lith said
described real property.
3. The Owner or his heirs, personal representatives, successors or assigns shall at
his expense vlithin 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 wner 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. l11is 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 repreE;cntatives,
successors or assigns.
6. All notices pursuant to this agreemen!:,~h,g,lJ'o1;?J; f:u.:C11ished tot.he l'_esp,>ct.4ve parties
at the following addresses~ bntil teceipi of~ritten instructions notifying the otller party
of a different address:
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City:
Mr. Merrett R. Stierheim
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
REClii"\lJi!O
PI"flUS CO FLORIO.'
~R'K;~;'~~~~
JulIn 3 06 fM 'lZ
Owner:
Pizza Hut of St. Petersburg No.1, Inc.
10225 East Kellogg
Wichita, Kansas
,
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r..ETURN TO:
CITY CLERK
P. O. BOX 4748
CLEAR WA TER, FLA, 33518
Th' ,
IS mstrumcnt "Hc; yrrepared b :
HERBEnT.!VI pt:.,),.,.c.;; '.. "'t .. y
- ,-,'....., n,.'., G; y Attorne
CIty of Clearwater, p, O. Box 4748 y
_Clearw~ter, Florida 33518
ti7 - 03 (."- ~ (i) C0
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OJ. 3818 PAGE 432
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Approved as to forv:.mc1 correctness:
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City Attorney
CfjTY. ~~~
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hlitnesses:
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etersburg No.1. Inc.
G-wner
By: Robert E. Cressler, President
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As to Owner ~
WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last Clbove \vri tten.
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My Commi~sion Expires:
NOtary Pub!,(: St:te. of Florida at large
My Ccmm::;f~:J t;jl:;e~ Cd. 22, 1974
8oncA:-I b" .6JA~,'c" f"1 & C_.......h,. eg.
STATE OF ~~~~~n
COUNTY. OF 'l'fM~tt~~
SEDGWICK
Before me peTsQually appeared Robert-E.;-c"ressier;P'resl'aeri1:--o:C'Y:tz~za~Hufofst.Petersburg
to me well knmvn and known 'to me to be the individuals described in and \\'ho executed thcNo.1, Inc.
foregoing agreement and ackno'lvledged before me that they executed the same for the purposes
therein expressed.
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WITlJESS my hand and official
seal
this
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day of ~_AODo 197-':.0
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~.R. 3818 PACE 433
Exhibit "A"
Parcell: From the west 1/4 corner of section 18, township 29
south, range 16 east, run north 0035'18" east, 660.25 feet;
thence run north 89022 '03" east, 108.09 feet; thence run north
2035'18" east, 214.93 feet; thence run north 0035'18" east,
140.48 feet to a point of beginning; thence continue north
0035'18" east, 100.00 feet; thence run north 89035'21" east
164.93 feet; thence run south 0035'18" west 100.00 feet; thence
run south 89035'21" west, 164.93 feet to the point of beginning.
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