SIDEWALK AGREEMENT
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o.R.38!5 PAGE 431
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AGREEMENT
THIS AGREEMENT, made and entered int:l this
by and between the CI1Y OF CLEARWATER; FLORIDA,
to as "ci ty"; and CFS Service Corporation
to as "Owner";
12th day of June , 19~
a municipal corporation, hereinafter referred
hereinafter referred
WITNESSETH:
WHEREAS, the Owner owns the following described real property situated in the City of
Clearwater, Pinellas County, Florida: .., . . .
Lot '8 and Easterly 35' Lot 7, .Block IfJIf, FAIRMONT SUBDIVISION, Accor~l.ng to
map or plat thereof as recorded in Plat Book 9, Page 58, of the Publl.c
Records of Pinellas County, Florida (1181 Tangerine Street)
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'\o1Iler 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 sidewalks in.stalled, that the
Owner will, upon notificat ion by the City, have sidewalks innnediately installed at his
expense, and if he should fail to do so then the City may have said installation made and impos-;
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~.,een 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 side'lvalks
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 det2rmined
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 ins talle<;i
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 a~signs 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 be furnished to the respective parties
at the following addresses~ until receipt of written instructions notifying the other party
of a different addres~:
City:
Mr. Merrett R. Stierheim
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
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Owner:
CFS Service Corporation
P. o. Box 4608 ~
Clearwater, Florida 33518'''-.....
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This instrument was prepared by:
HERBERT M, BROWN, City Attor;:ey
City of Cleal'watcr, I', O. Box 4748
qearwater, Florida 33518
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW A TER, FLA. 3351&
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C.R. 3815 PAGE 432
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year last above written.
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City Manager
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Approved as to form nd correctness:
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Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 11~ day of ~. , A. D. 197 y' ,
before me personally appeared Merrett R. Stierheim, Herbert M. ~own, 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 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 affix~d 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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Notary.Pub lie
My
Commission Expir~~:
Notary Public, State of Ronda at large
My Comi7:i~.;:;n Expires 0:1. 22, 1974
B.mdl\ll~ b, .. f'. S:;,. R. Ca\uall'i Co.
STATE OFuFLQRIDA )
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COUNTY OFPINELLAS ) CFS Service Corporation
Before me personally appeared Donald S. Jones, as Executive Vice President of /
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
12th
day of
June
A. D. 197 2
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My Commission Expires: