SIDEWALK AGREEMENT (136)
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AGREENENT ^ .
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THIS AGREEHENT, made and entered into this - day of ):V.U2-<-.u~ 1970,
by and betHcen the CITY OF CLEAR\.JATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City"; and Louis Borst and FrancesW. Borst, his wife.
hereinafter referred to as "O\Vner";
WITNESSETH:
\lliEREAS, the Oi"ner O\vns the follm\ling described real property situated, in the
City of Clearwater, Pine1las County, Florida:
Lot 10 less So. 2', Drew Manor (400 - 402 No. Jupiter ).
and
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a public
right of \vay, Hhich is to have ne\v construction on it, either for residential,
commercial, industrial or other purposes, shall have sidevmlks constructed by the
owner on, across or adjacent thereto; and
\.JHEREAS, the Owner is erecti.ng certain ne\V construction on said property and
has requci>ted the City at this time not to require the immediate installation and
construction of sidewalks in connection therewith; and
ffiIEREAS, the O~ner has agreed that if in the future the City, in its sole dis-
cretion, determines that it is advisable and necessary to have such sidewalks
i.nstalled, that the O;.,ner will, upon notification by the City, have sicle\valks
illIDlediately 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;
NOH, THEREFORE, in consideration of the fon~going premises and other good and
valuable consideration between the parties, recEdpt of \'lhich is hereby acknowledged,
the parties hereto covenant and agree as follo\v8:
1. The City Hill not at this time require tIle installation and constnlction
of sideHalks as part of the erection of the building and improvements by the OvnlCT
on the above described real property.
2. The City may at: any time in the future notify the Oivner, his heirs, personal
representatives, successors or assigns tllat ~he City in its sole discretion has
determined that it is advisable and necessary to have side\valks installed in
connection Hith said aes~riLed real property.
3. The Q,mer or his heirs, personal representatives, successors or assigns
shall at 11is expense \vithin ninety (90) days from the notification by the City have
sidewalks installed for said described real property in accOrdance Hith City
specifications and, standards as established.
It. If the O.vner or his heirs, personal representatives, successors or assigns
shall fail tohnve sidc,'lalks installed for the describe,d real property in accordance
with City specifications and standards Hithin ninety (90) days from the notification
by the City, then the City may have the sidevalks 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 rlmning Hitl~~lleland,
regardless of Hhcthcr itis specifically mentioned in any deeds or conveyances
subsequently executed, and this agreement shall be binding on all parties, their
heirs, personal representatives, successors or assigns~
6. All notices pursuant to this agreement shall be furnished to the respectiVe
parties at tIle following addresses, until receipt of written instructions notifying
the other party of a different address:
City:
Mr. Merrett R. Sticrhcim
City Hanager
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Dfe I~
4 03 PH '70
Mr. Louis Borst,
316 N. Jupiter
Clearwater, Florida
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PINEL: '~E :0, '-LORIDA
HAROLD M+.iltENUlJRE. CLERK
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IN WITNESS WHEREOF, the parties hereto have caused these presents to .be
executed day and ear last above written.
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Witnesses:
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As to City
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As to' (X.mer
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Owner
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this If/Cll/day of _./Ot?/"'/V'V)~, A.D. 1970,
before me personally appeared Herrctt R. Stierheim, H~t Brown, R.G.hThitehead
and H. .Everett Hougen, respectively City Hanager, City Attorney, City Clerk and Mayor-
Corrunissioncr of the City of Clearwater, a municipal corporation existing under the
lmvs of the State of Florida, to me knO\vn to be the individuals and officers described
in and who executcd the foregoing Agreement and severally acknmvlcdge~l 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 said corporation.
wtTNESS my signature and official seal at Clear0ater in the County of Pinellas
and State of Florida, the day and year last above wTitten.
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Notary Public
My COl,l1IlJis~i,On ~p.ire~:
NotaryPIbIK, ~tate of tIdhda at urge
My Commission Expires Oct. 22, 1974
~ by __. Fu. &Casuaby Co,
STATE OF FLORIDA )
COUNTY OF PINELLAS)
Before me personally appeared Louis BOrst and Frances W. Borst
to me Hell knovm and knmm to IDe to be the individuals dco;cribcd in and Hho executed
the foregoing agreemcnt and acknowlcdged beforc me that they executed the same for
the purposes therein expressed.
WITNESS my hand and offic,ial seal this
1st
day of December
A.D. 1970.
ti~ar~'JYJtffil; ~ratcob1 tlfo1J~J- ftq,~riIe
My Commission Expires lune 30, 1973
Bonded By American fire t.. Cas;ualh' Co.
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