SIDEWALK AGREEMENT (48)
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THI3 )._Gi\.:::E:c'~E2rr., :n.'ide ,,,lnci '~-nr:2rej ~:1.t..J '--::-:L:~
;,~T'rY JF \:-L~..:~Q_~~"~\T=x, ::"':S'.I::A~ 3. il:un~c,i?ai. 2or?or.::lcL'.:n,
Alfred J. and Frances I. File (w I Fe)
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by and je~:J22n Cl12
to as !Ie i Cy"; and
to as "Owner";
March
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hereinafter reier~ec
WITNESSETH:
WHEREAS, the ~vner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida: Lot 19-Blk B Platt Book #50 Highland Estates
of Clearwater Page 47 Public Records of Pinellas County
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L..Of 19 8LK 13 14 I Gr! LI"I (14/ D € ~ -"s.
WHEREAS, Ordinance No.12l9 of the City requires that all land that abuts a public
right of way, which is to have ne\v construction on it, either for residential, cOIIUTlercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
and
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"~EREAS, the ~vncr is erecting certain new construction on said property and has
requested the City at this time not to require the iIIUTlcdiate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the ~vner 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 iIIUTlediately 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;
NOW, THEREFORE, in conside,~ation of the foregoing premises and other good and valuable
consideration between 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 in its sole discretion has ~etermined
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 sidewalks installed
for said described real property in accordance with City specifications and standards as
established.
4. If the O\mer or his heirs, p,,;rs0!1n1 representatives, successors or assigns shall
fail to have sidewalks installed for the described renl 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 l1en agairist 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 e:':-:1vev"'nce subseCjuently executed,
and this agreement shall be b.Lh':::':.~;;~ .:,_'1 parties, the heirs, pt;~'Ro,.,al 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:
Mr. Merrett R. Stierheim
City Manager
P,O. Box 4748
Clearwater, Florida ~~j18
Rr.eOIU)!(i
PIMILUS co. nORlPA
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This ins::'uElsnt W:)') pl'.~pal'ecl by:
HERBEIL'C;' LI. ~f.C)\ ,('1-y Attorney
City of C:t~:L".ntf:l.'. Q. Box 4748
,Clearwater, Florida 33518
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FLA. 33518
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~. ,. 4005 PAGE1848
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IN ~IT~~~S ~H~a~CF. ~ne ?dr:ies ~er2t0 have ~auseri chese ~C2sent5 co ~e ~xecut2j che
lay and Je~r ~3S[ ~bove ~rL:t2n.
CITY
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By
Manager
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Mayor -
Approved as to form and correctness:
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STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this :2 0 t;:/; day of, ~ ~ , A.D.197...5
before me personally appeared Merrett R. Stierheim, Herbert H. Brown, R. G. \o,Thitehead 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 knml7n 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
de~d 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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My Commission Expires:
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Notary Public, State of Florida at Large
My CommiSlion Expires Sept. 29.. 1973
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~~~~~O~FF~i~~i~~
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Before me personally appeared Alfred J. File & Frances I. File
to me well known and knmoffi'to me to be the individuals described in and who executed the
foregoing agreement and acknowledged before me that ,they executed the same for the purposes
therein expressed.
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WITNESS my hand and official seal this
12th
\ day of
March
A. D. 197 3
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My Connnission Expires:
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j';1yi:'~!lI.;i;3:;i::n 4i~R.oit,~-g, 1973
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