SIDEWALK AGREEMENT (108)
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THIS AGRLFL'[ENT, made and entered into this -_1J_~h,___,_,..___ Jay of _Augus~____, 19_J_~__
by and beL,,'cen the CITY OF CLEARh'i\TLR, FLORIDA, d munici.pal corporation, hereinafter referred
to as "City"; and Montclair Lake Estates, Inc. ( a corporation) hereinaftc.r referreel
to as IlOI.mer";
HITNESSETH:
HHEREAS, the 0\\'1101' OV7l1S the fo110\-Jilll.; described real property si t:uated in the City of
Clearwater, Pinellas County, Florida:
2033 Seton Drive
Lot 31
Montclair Lake Estates
and
\.JHEREAS, Ordinance llo.12l9 of the City requires that all land that abuts a public
right of 1\7ay, ,.;hieh is to have nel'1 construction on it, either for residential, CO]1ullc~rcial,
industriul or other purposes, slidll have siclc\JilJ.1;:s constructed by the 0\'1n81' on, across or
adjacent thereto; and
vJHEREAS, the O;'71,er is erecting certain nel'l construction on said property and has
requested the City at tllis time not to require the immediate installation and construction
of side~ilalks in connection therc~\ilith; and
'ilTHEREAS, the O\\'ner has agreed that if in the future the City, in its sole discretion,
determines that it is advisable and necessary to have such sidewalks installed, that the
o-wner ,vill, upon notification by the City, have sidclilalks inullediately 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 de~cribed real property for the cost hereof;
NOH, 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 \vill not: at t.his time require the installation and construction of sidewalks
as pm:t of the erection of the building and improvements by the O\mer on the above described
real property.
2. The City may at any time in the. future n0tify the. Owner, his heirs, personal
representatives, successcrs 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 Oiilner or his heirs, person[,ll representatives, successors or assigns shall at
his expense within ninety (90) days from the notification by the City have sidelilalks 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 side,valks installed for I~he described real property in accordance ~vith 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. 'l1,is 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,
anJ 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 fol1,o\-ling addresses~ until receipt of written instructions notifying the other party
of a different address:
City:
Mr. Gerald Weimer
Acting City Manager
P.O. Ilox (,7L18
Clearwater, Florida 33518
This instrument was prepared by:
HERBERT M, BROWN, City'Attorney
City of Cleal'water, P. .0, Box 4748
Clearwater, Florida 33518
O\';l1e 1':
Montclair Lake Estates, Inc.
1822 Montclair Road
Clearwater, Fla.
ItfCUROEO
'INUUS CO, FLORIO'
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CLERK CIRCUIT COURT
'RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW A TER, FLA. 33518
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IN \.v'11TNES~: \';IILl;JWF, the parties he.ceto have CaUE;CQ these; presents to be e );ecuccd t]lC
day and year last abovc written.
Countersigned:
Approved as to form an correctness:
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WITNESS my signature and official seal at Clearwater in
of Florida, the day and year last above written.
My
Commission Expires:
N t Public State of Floricln d l:':'~.
o ary, 2J ':17
M" Cl\mmis~ion Expires Sept. II' '...' j
.. D~_ndl.ld. ~.Y. Ameri~~n. taro. CA. 'g~\ol'" 1 ~
the County of Pine11as and State
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Notary Pu ic:/::;~ .~~_',_' -.;. ,/ .'.
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STATE OF FLORIDA
COUNTY OF PINELLAS
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Before me personally appeared
to me well known ana knmvn to me to be
foregoing agreement and acknowledged
therein expressed.
who exeucted the
same for the purposes
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3",
day of
. CJ1~;;o':D)' ,197;S .
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WITNESS my hand and official seal this
My Commission Expires:
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ary.PuIJIJc. State Of Flnrith at l'a III
CVJ/lJ/llSsJon Expires Oct 30 197~
jpd by T ,'.
' ransamenca Insurance Co.