SIDEWALK AGREEMENT (137)
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OJ 3446 PAGr273
A G R E E MEN T
THIS AGREn1ENT, made and entered into this / ~ day OfU~ 1970,
by and ~tHeen the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City"; and Louis Borst and Frances,W. Borst, his wife,
hereinafter referred to as "CMner";
WITNESSETH:
\VHEREAS, the o.mer O\oJnS the follmving described real property situated. in the
City of Clearwater, Pinellas County, Florida:
Lot 9 & So. 2' of 10, Drew Manor (328 - 330 N. Jupiter)
.
and
,
WHEREAS, Ordinance No. 1219 of the City requires that all land that abuts a plC)llic
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
owner on, across 6radjacent thereto; and
WHEREAS, the O\vncr is ei'ccting certain ne\v construction on said property and
has rcqucs ted the City at this time not to require the iIlIDledi,ate installation and
construction of sidewalks in connection therc\vith; and
WHEREAS, the Oimer has agreed that if in the future the City, in its sole dis..
cretion, determines that it is advisable and necessary to have such sidcHalks
installed, that the O\me1' \./ill, upon notification by the City, have side\valks
irrnnediately installed at his expense, and if he should fail to do so, then the City
may have said installntion made and impose a .lien against the described real .property
for the cost thereof;
NOH, THEREFORE, in consideration of the foregoing premises and other good and.
valuable consideration bet\veen the parties, receipt of \'Jhich is hereby ackno..ledged,
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 tile' 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 O\"11er, 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 aesciribed real property.
~. The O\~ner or his heirs, personal representatives, successors or assigns
sha.l1 at: ]lis expense Hithin ninety (90) days from the notification by the City have
sidewalks installed for said described real property in acc6rdance Hidl City
specifications and, standards as established.
l~. If the O;vncr or his heirs, personal representatives, successors or assigns
shall fail to have sidewalks installed for the describ~d real property in accordance
\Vith City specifications and standards \vithin ninety (90) days from the notification
by the City, then the City may have the side\valks ins talled 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 rumiing Hi th the land,
regardless of Hhether it is 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 he furnished to tIle respective
parties at the following addresses, until receipt of written instructions notifying
the other party of a different address:
City:
Mr. Merrett R. Stierheim
City Nanager '
P.O. Box 4748
Clearwater, Florida 33518
Owner:
Mr. Louis Borst
316 N. Jupiter
Clearwater, Fla.
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01 3446 PAGE274
, thc parties hereto have caused these presents tO:,' b~:
ar last above written. c,~~~~~~>'".,.
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correctness:
Witnesses:
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As to City
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As to Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this /;f~ay of ' /~ /J/'~~~/t'..LA.D. 1970,
before me personally appeared Berrett R. Stierheim, ~i~;~:}L':::'t~::~~: R.G. Hhi tehead
and H. . Everett Hougen) respectively City Hanager, City Attorney, City Clerk and Hayor-
Connnissioner of the City of Cleanvater, 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 sev,erally ackno\vledgecl 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.
WITNESS my signature and official seat at: Clean,Tater in the County of Pinellas
and State of Florida, the day and year last above written.
X!~~j /S~
Notary Public
Hy COJ11rQ.h~S i.<(n EXD i;r:e s :
No'1arl l'u..,je, ~,Jte of flo:;da it large
My C"lIlmi~ri~n t:-:j:;res Od. 22, 1974
8olld.d t.y ,A...ri",. fir. e. c..ulJv ~
STATE OF FLORIDA )
COUNTY OF PINELLAS)
W.
Before me personally appearcd Louis Borst and Frances/Borst
to me well known and known to me to be the individuals described in and who executed
the foregoing agreemcnt and acknowlcdged before mc that they executed thc same for
the purposes therein expressed. '
.
WITNESS my hand and official seal this
1st
day of
December A. D. 1970.
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Notary
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