SIDEWALK AGREEMENT (12)
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AGREEHJ~NT
THIS AGREl~HENT, madc and cntered into this
by cmd bet\veen the CITY OJ? CLEARHATER, FLORIDA,
to as "City"; and Al Rogero Builder, Inc.,
to as "Owner";
21st day of __~.:.br~ary __.,.____, 19_?3___
a municipal corporation, hereinafter referred
(A Florida Corporation) hereinaft~r referred
WITNESSETH:
WHEREAS, the O\vner Ovll1S the following described real property si. tuated in the (;i. ty of
Clearwater, Pinellas County, Florida:
and
Lot 1, Block C, Gulf to Bay Acres
101 Kilmer Ave., Clearwater Florida
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of Hay, \vhich is to have ne"\v construction on it, either for residential, commercial,
industrial or other purposes, shall have sidewalks constructed by the owner on, across or
adjacent thereto; and
HHEREAS, the Owner is erecting certain new construction on said property and has
requested the City at this time not to require the innnediate installation and construction
of sidewalks in connection therewith; and
WHEREAS, the OIvner 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
wner \vill, 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;
NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable
consideration bet\veen 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 wner, his heirs, personal
representatives, successors or assigns that the City in 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 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. 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
at the following addresses> until receipt of written
of a different address: -.-.... RECllnOEO .
"1"fLLIlS CO. FLORIDA
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CLEftK CIRCUIT COURT
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be furnished to the respectiv~. pai-t:i,:es'
instructions notifying the other party
City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
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Owner:
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RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEAR.v'\! ATER. FLA. 33518
07- Q3<[-00 (Ll-) @
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O.R. 3738 PAGE 614
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IN WITNESS WHEREOF, the parties hereto have cause
day and year last above 'vritten.
exec'-!tecl. tlw
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City Hana~ter
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Attest :.
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Ci ty Clerk "MAR 7 1972
City Attorney
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WITNESS my signature and official seal at Clearwater in the County of Pinellas and
State of Florida, the day and year last above written.
My Commission Expires:
Notary Pubk State of Florida ilt Large
iVly Co:nll1:s,ion h;lil'JS Sept. 29, 1973
~onded ~y AmeriCan rue & Lasually Co.
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STATE OF FLORIDA
CDONTY Op.PINEI.XAs
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Before me personally appeared Al Ro~ero-President Al Rogero Builder, Inc.
to me well known and known '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.
WITNESS my hand and official seal this
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My Commission Expires:
This instrument was !prepllIted by: .
HERBERT M. BROWN, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518