TO RETAIN CERTAIN MONUMNETS LOCATED IN PUBLIC RIGHT-OF-WAY AT THE ENTRANCE TO CARLOUEL
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AGREEMENT
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day of
THIS AGREEM$~T made and entered into this
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~ry, 1982:.., by. and between the CITY OF CLEA RWATER,
FLORIDA, a municipal corporation, hereinafter called "City", and
CARLOUEL GARDEN AND IMPROVEMENT ASSOCIATION, INC., a
Florida corporation not for profit, hereinafter called "Association";
WITNESSETH:
WHEREAS, Association desires to retain certain monuments located
in public right-of-way at the entrance to the Carlouel Subdivision; and
WHEREAS, Association is willing to post a $500,000 insurance policy
making the City one of the named insureds to protect the City from any
and all claims for property damage and personal injury submitted by
third parties; and
WHEREAS, Association is willing to assume the maintenance function
related to such monuments and to keep such monuments in a good state of
repair at all times; and
WHEREAS, under the above conditions the City is willing to permit
such monuments to remain located on public right-of-way;
NOW, THEREFORE, the parties hereto hereby covenant and
agree as follows:
1. The City agrees to permit the monuments described on Exhibit
A attached to this agreement to remain located at the entrance to the
Carlouel Subdivision.
2. Association agrees upon execution of this agreement to immediately
becom.e responsible for the maintenanceoi such monwne!lts and to keep the
same in good condition and free from defects at all times.
3. As sodation further agrees to immediately obtain a policy of
insurance in the amount of $.500, 000, which policy shall name the City as
one of the insureds and such policy shall protect the City from all property
damage and personal injury claims made by third parties by reason of the
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monuments being located on public right-of-way. A copy of such policy of
insurance shall be provided to the City for its review and approval.
4. Should the Association cease to maintain the monuments OJ:' permit
the policy of insurance to lapse, then the City may consider this agreement
as being terminated and the City shall have no further obligation to permit
the monuments to be located in their present position.
5. If the City determines t.hat such public right-of-way is to be
used for the purpose for which it was obtained, then, upon thirty (30) days
written notice, the City shall have the right to treat this agreement as
being terminated.
6. All notices required or furnished pursuant to this agreement
shall be furnished as follows:
City of Clearwater
City Manager
PO Box 4748
Clearwater, Florida 33518
Carlouel Garden and Improvement Association, Inc.
P.O. Box 3442
Clearwater Beach. FL 33515
7. This agreement shall constitute the entire agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
Approved as to form and
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CITY OF CLEARWATER} FLORIDA
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City Clerk
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As to As sociation
CARLOUEL GARDEN AND IMPROVEMENT
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By , ~~:~7 P[i I" , ~-t:'~:/
. President
Attest~ .
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-Secl'etary
(Corporate Seal)
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