SIDEWALK AGREEMENT (33)
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AGREEMENT
PAnE 682
THIS AGREEMENT, made and entered into this 3 0
by and between the CITY OF CLEARWATER, FLORIDA, a municipal
to as "City"; and ~ ~~~~~_ .
to as "Owner"; ~
day of '~--------;-' 19 IS ,
corporation, h einafter referr~
hereinafter referred
WITNESSETH:
WHEREAS, the Owner O~l7ns the following described real property situated in the City of
Clearwater, Pinellas County, Florida:
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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 constructed by the o~l7ner 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 installation and construction
of sidewalks in connection therewith; and
WHEREAS, the Owner has agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such side\"alks installed, that the
Owner will, upon notification by the City, have side~l7alks 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 between the parties, receipt of which is hereby acknowledged, the parties hereLo
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 determined
that it is advisable and n~cessary to have sidewalks installed in connection with said
descrihed r~al 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 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
qescribed 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 be furnished to the respective parties
at the folloi^!ingaddresses~ until receipt of written instructions notifyin; the other party
of a different address:
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City:
Mr. Merrett R. Stierheim
City Manager
P.O. Box 4748
Clearwater, Florida 33518
... ' Owner:
llfCOr((.)!:.C' I / .
pn.ELLA'S~CO,..F\.OR:(lA.a<dI..ef?~ (';1____~" ',"
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CLERK CIRCIJl'fCOIJRT "......, I ~, "
.. 2 \0 27 lH '13
2040 N. Highland Avenue
T~e~rw~t:~r:r Fla~ r}~2,1~d by:
lIEl~U_. , :' . Attorney
.Ci.t:Ji {if CLal\V,,~rL,)., Box 4748
Q~e~l'.w.ater} }'jUl'ida 33518
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,!~'i';.:EN TO:
ClT)' CLEEK,
P. O. BOX4748
CLEARWATER, FLA. 33518
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O. R~ 4061 PACE 683
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
CITY
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Clerk
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Witnesses:
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As to Owne r
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I HEREBY CERTIFY, that on this l~ day of ~ ' A.D. 1977
before me personally appeared>fl~. btioLci~ Herbert M. Bro"m, R. G. Whitehead and
H. Everett Hougen, respectively(~~fy'~anager, 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 individuals and officers described in and who executed the fore-
going Agreement and severally acknowledged the execution thereof 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 sa::.d
corporation.
STATE OF FLORIDA
COUNTY OF PINELLAS
WITNESS my signature and official seal at Clearwater in the County of Pine1las and
State of Florida, the day and year last above written.
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My Commission Expires:
P bI'Stat~~' Florida at large
I':lotary u '" " ,,29 1973
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'Vly"Commisllon , '\~"" " ~~. . I Co
I Bonded By America.n Fi(e & Casua ty, .~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Before me personally appeared
to me well known and known'to me to be the individuals de cribed in and who executed the
foregoing agreement and acknowledged before me that they executed th~ same for the purposes
therein expressed.
WITNESS my hand and official seal this .
..i /d day of
/?!/~f::: 197~_
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ot~.y -Pub,_~S-,', ',I' "".
My Commission Expires:
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