SIDEWALK AGREEMENT (2)
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AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of June ,197 1 ,
by and between the CITY OF CLEARHATER, FLORIDA, a nunicipal corporation,
hereinafter referred to as "City"; and Bay Cove Aoartments, Inc.
hereinafter referred to as "Owner"; William R. Dooley, Vice President
\VITNESSETH:
WHEREAS, the Ovmer owns the fOllowing described real property situated in
the City of Clearwater, Pinellas County, Florida:
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S es- Le-GlrA-L be- s C.Rt P T' 0 ,..., A TTA~I-fe-b I
and ~/.. S, J'1 S(7C/r/J+XOlv-r/f~G 1'(.//'1 #
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, coro~ercial, industrial or other purposes, shall have sidewalks
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 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 thereof;
NOW, THEREFORE, inconsideration 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 determined that it is advisable and neccessary to have sidewalk1
installed in connection with said described rectI property.
3. The Owner or his heirs, personal represenatives, successors or assi~n~
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 establish~d.
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
i?nst~lled~n?_ c:issess and i~E,?S~". c3. ..lie~".,~gainst the desc,ribed re9:,~"p!'~p.er1:Y for
tne cost or tnework. ' .
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 conveyances
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 following addresses, until receipt of written
instructions notifying the other party of a different address:
City: Owner:
H:-. Merrett R. Stierheim R.1 n . Qr;~/1 ~
C 1. t Y Mana g e r ~cr ~. 'f':"'" f::::J.M.t..,.
P.O. Box Lf748 'PO 6 x- :3'0 1f.c:
Clearwater, Florida 33518 '. .IQ~^~__~.nnn/~~
Thie instrnment was prepared by: ~~
HERBERT 1\1. nI:OWN, City Attorney J 3.2.:2. OS
(jity of Cle:I1'wat,'r, P. O.Box 4748
pleal'water, Florida 3351&, 0 -'>'_ oOj:, )-dj(,/Jj)
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'O.R. 3591 PACE
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IN WITNESS WHEREOF, the parties hereto have
executed t day and year last above written.
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to be
FLORIDA
Witnesses:
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this ~rlay of ~/ ,A.D. 197'
before me personally appeared Berrett R. Stierherm, -tlfrbert M. 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 ~nd officers described in and who executed the
foregoing Agreement and severally acknowledged the execution there@f 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 co~poration.
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,Publlc '
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YNotary ~~t1t, ~rtPdf-flt)fiWal~ .
M C ~'-;("I"i1 E:;,tims Oct 22, \974
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Bondod by American File & .Casua Iy o!,
STATE OF FLORIDA )
COUNTY OF PINELLAS) 'c---......,. ,
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.-- Bofnro mea PQroon._1J..Y-.~8:aPQd..,~~~h~,.".._~.~~:""'-:-:~~
to me well known and known to me to be the individuals described in and
executed the foregoing agreement and acknowledged before me that they
executed the same fer the purposes therein e~~ressed.
WITNESS my hand and official seal this~day 0 A.D. 1971 I .
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,Expir,efi,b:
,;,' 1974
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'O.R. 3591llACE
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~ =-='s.:~~Fr.l'lc'.:: Co....;"or~~.~c~:-:: lot 2 loss- -(,2.....,.::, ~10~".J:.:.. [,25.0 feet t~'~:""':jcf,
l~~~i ')~?' in Section 20. ':'o"~""'~~:1ip 29 sc~~t~:. 0 ~G.l-:?8 16 ce.st, .r-"i~.:;;llas cc;:~'/~~:".
Florida and 1355 road. rir~11t. of ";.;,~~.,. ar~d ooin..; r:lor:J Farticll1!:.:-ly dcs-
Cl"'i'C<<: as fol101'~s: Cor:,', :--:cinz a.t t!-.0 't-TG~;t 1/4 C01'l1l~l" ot said SocticT.
20-29-16 J !'ilY'l i:.l-,'3!'(lC8 S. 89c-29i -09 ni. p a10n,.... th3 casth-;cst c,::mtor1i,,:c
0-1' :.'laid Section 20. 100. DC :f5ot to e. oo::crot0 l::Cium,:Sl1t on the ear;terl~,.
rig-ht of ,.ray line of '0.S. r;j,::-bny 19. said point also boil'l'r, the point
of b0vil1ninp: for th3 follc~,;ij.f! traot: T'l"O:, said. point of tet<.ini"lin,:;
cO':ltinue 5.890_29'-09";1;.. 158:'),89 feet to an h'O'1 pipe set as a l.'CfC):8;-;;:;;
point for tha mea,') high 1\~tO:.'" line of::'ur,lpo.::c;.YI from said 1~0f8r;:)rH~0
point conti~";U0 S. 390_29' -09 nil.. I1PP:r'CY'\.!:~te1;v 10.00 foot to the ;n0J2.r~
hig?lwater line s:-,d 3. point G.es:1gc'latc.d, ;1,,, }lci:'.J~ HAil. ;~7;)t~:ri1 to tho
point of begin;'iing~ FrO'~ said point of bo;-:;im'linp;l run ~~OOo-52'-25uE..
.514.3B feet &10\12'" th3 east rll?ht of ,.ray line of U. S. Eight:ay 19 to an
iron pipe; run thEl:'!oe S P90-1!.!,' -26 liE. . 1624. 32 i";~Jt 0.10:::: the scu.::.t
:j0t:.~de.ry- o~ t'!1G Y:.orth ;;:25.0::' f'0("-::' cf Gct."'::~~:.:;.~::.::'(.;': i..c"t 2 "t.o .s. co~;cr'2t2
:nonum0nt, continue S :::.9o_1~~9_2(S'iiStl to tr~o ~G6an hi.'Yh ,::a.ter :1arl~. l~hich
said point is designated as point "Bll. roturn to point "A" desoribed
abov,z, I from pcint "A:I rn~;ardor alonp tb: :;:;:,a" :,i~h ,.;-etsT lino of Tar::r:s
Pay in a north-north easterlj,~ direction to sc.i3' point iIE". Tcgeth0r
tntha11 Riparian Ri~hts and Privileg0s tnorcto pertaining.
(&~rvey as p~cvided by West Coast EngineGring Corp. St. Petersburg.
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BAY COVE APARTMENTS
1335 - U.S. 19 South
P.O. Box 5107
Clearwater, Florida 33518
Phone 531-0465