SIDEWALK AGREEMENT (129)
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AGREEMENT
THIS AGREEHENT, made and entered into this 19th day of November, 197 ...!...,
by and between the CITY OF CLEARhlATER, FLORIDA, a J11llniCipal corporation,
hereinafter referred to as "City"; and Bobbv M. and Thelma J. Kinjer
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the fOllowing described real property,situated in
the City of Clearwater, Pinellas County, Florida:
Lot 114 aQ.d :hs - 1611 Ridgewood Ave. - Clearwater, Fla.
Glenwood ^ddition
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 sidevJalks
constructed 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
WHEREAS, the Owner has agreed that if in the future the City, in its sole
discretion, determines that it is advisable and neccessary to have such
sidewalks installed, that the Owner will, upon notification by the City, have
sidewalks immedia'tely 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 thereof;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable con~ideration 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 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 assiqn
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
il1~ta.:LJ~~cj.aDd _ClE;sesfJ_C1.l1<i il1"lPose_ a lien_ against t[1e __d~13gribed real "propcr'"t:v for
- the cost of the work . .---- .. . - -
5. This agreement 1S to be re~arded as a covenant running with the land,
regardless of whether it is specifically mentioned in any deeds or convevances
subsequently executed, and this agreement shall be hinding on all parties, t~e
heirs, personal representatives, successors or assigns.
6. All notices pursuant to this agreement shall he furnished to the
respective parties at the followin~ addresses, until receiDt of written
instructions notifying the other party of a different address:
City: Owner:
Mr. Berrett R. Stierheim Bobby M. Kinder
City Manager 1611 Ridgewood Ave.
P.O. Box 4748 Clearwater, Fla.
Clearwater, Florida 33518
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,u.R.3678 PAGE 165
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IN WITNESS WHEREOF, the parties hereto have
executed the day and year last above written.
to be
FLORIDA
~ig ;;~
~ Mayor-Commlssloner
Approved as to form ~ correctness:
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~ttorney - -
Witnesses:
v"41f /It. K-J..-
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o er
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As to lty
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STATE FLORIDA)
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this 1~ay of /D#....r.R'/VY7~~A.D. 1 97i.._,
before me personally appeared Merrett R. Stier~~. Brown,
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 theremf 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 corporation.
WITNESS my signature and official seal at Clearwater in the County of
Pine lIas and State of Florida, the day and year last above written.
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Notary Public. '
My Commission Expires:
Notary Pu'ol;<, Side of Florida at Large
My (0;J1':; :',1 hp:rcs act. 22. 1974
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared
Bobby M. and Thelma J. Kinder
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~day of Nov. A.D. 197 1
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MYc CO~lJ\ission Expires:
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N.otary Pubr.c, 'State of florida at Large
" CUlllnl;~~~~I-1 :[A";;.~~ ell" 2~ <1914
&onded 'b'~ .A.m...icoIn fife &. C'HlIally ,8-,
This instrument was prepared by:
HERBERT M. BROWN, City Attorney
City of Clearwater, P. O. Box 4748
~Iearwater, Florida 33518