SIDEWALK AGREEMENT (132)
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G.R.3718 PAGE 222
'.60
AGEEU'iEN'C
by
to
to
THIS AGREELEN'J, made and entered into this
and bet\veen the CITY OF CLEARvJATER, FLORIDA, a municipal
as "Ci ty"; and Gustavo M. Borrego & Patricia A. Borrego
as" (}('lne r " ;
24th
clay of January , 19 72
cor p or a t i o~;~-'h~'~-;;-inaf t~'J:'-r'~~ f e rr (~d---"
(His Wife) hereinafter referred
WITNESSETH:
hTHEREAS, the O\vner O\.InS the follo\ving described real property situated in the City of
Cleanvater, Pinellas COU'1ty, Florida: :;;f.t/
Lot 1, Block 23, Highland Pines Subdivision
1633 Gentry, Clearwater Florida
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, cOlmnercial,
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 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 sidc\Jalks installed, that the
Owner will, upon notificat ion by the City, have sidc\'lalks 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 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 improveDlents 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 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 Owner or his heirs, personal representatives, successors or assigns shall
fail to have sidewalks installed for the describ~d 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, pers()n<llrepreSu~J1taLilles,_
successors or assign-s~
6. All notices pursuant to this agreenlent shall be furnished to the respective parties
the following addresses~ until receipt of written instructions notifying the other party
a different address:
at
of
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>. l-< t- C~ty:
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~~ ~r. Merrett R. Stierheim
~ ~ ~ -:tity Hanager
~17~~.0. Box 4748
(]) or'
~OO ~lcarwater, Florida 33518
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Owner:
RECORDED
"NeWS CO. fLOIUDA
~ & -" -Jl''}.',-' t~
CLERK CIRCUIT COURT
Mr. & Mrs. Gustavo M.
1633 Gentry
Clearwater, Florida
Borrego
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rO.R. .3718 PAGE 223
IN WITNESS WHEREOF, the parties hereto have caused tlt,,: 'C presents to be executed the
day and year last above \.Jritten.
CITY
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By
Hanaget
~~
City Attorney ,
Attr~
, .' . City Clerk
Witnesses:
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to City
;ii~'~:~~ '~:
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Owner /'
As
STATE OF FLORIDA
COUNTY OF PINELLAS
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7-c-L day Of~~~ , A.D. 197 o2J
before me personally appeared Merrett R. Stierheim, Herbert M. Bro~. Whitehead and
H. Everett Hougen, respectively City Manager, City Attorney, City Clerk and Mayor-Conunissioner
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 the'ceof ,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.
I HEREBY CERTIFY, that on this
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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My Commission Expires:
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STATE OF__FLDRIDA
COUNTY OF PINELLAS
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purposes
Before me personally appeared
to me well known and known 'to me to be the individuals d
foregoing agreement and acknowledged before me that they
therein expressed.
WITNESS my hand and official seal this
d~
197~
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My Conunission Expires: