SIDEWALK AGREEMENT (46)
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Q. R.4138 PAGE 117
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AGREE1\iENT
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THIS AGREEIvlENT, made and entered into this 29th day of January
19 74 by and between the CITY OF CLEAR WA TER, FLORIDA, a municipal corporation,
hereinaHer'referred to as "City"; and Mailloux Builders, Ine, a Florida Corporation
her'ei:r~,jl,fter referred to as "Owner";
WITNESSETH:
'WHEREAS, the Owner owns the following described real property situated in the
City of Clearwater, Pinellas County, Florida, to w'it:
Lot 11, Woodmont Par~ Estate,
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WHEREAS, Section 7-6 of the Code of Ordinances of the City requires that all land
that abuts a public right-of-way, which is to have new construction on it, either for resi-
dential, commercial, industrial or other pUJ!'poses, shall have sidewalks constructed by
the owner on, across or adjacent thereto; and
WHEREAS.. the Qw:ne:r is erecting c.ert..-:d,n lh;"W construction on said prope rty and has
reque sted the City at this 1t:ime ]',1:0.1: to requi)le the in~ii'J~diate installation and co nstruction
of sidewalks in connection "ffherewith; and
WHEREAS:> the Owne:r r1i!l.s :agreed tl1llii if mrtJhe future the City, in its sole discretion,
determines that:It is adv2sable. .amrrllnecessai.'T'Y to .9!a.wle $'Uch sidewalks installed, that the
Owner will, Upo'lll1!iotiificaJtQ((j)lm by ilie iCity, have side\\Vl.dks immediately installed at his ex~.
pense, and if he 'should I:3lill!to (i!l'Q) $0 then tbe Gifty rn:'i">>"have said installation made and impose
a lien against the ,dles;c:6b';f';\-dl :re2:Ipr:opeTty :[:ol1r !the tc'Ost hereof;
NOW ,T:HrERE:!FO:R1E. i1/;! .c.on:sideratioxm. of the frllregoing premises and other good and
valuable considferation be;rVl:Vleen -tIlDe p,a.:rties" receipt oil which is hereby acknowledged, the
partie s he reto C:(Gv~n.ant an,i!l ,agl"e'eas :ifoUow&:
1. The City will 1!ll<o'tat ti:1his t]me req;m-rc the jL''ltstallation and construction of
sidewalks as part of the eT-ecth~D. of the buiLdmg -on<l: iU'TlprOvements by the Owner on the
above describeru :r'e;al pro:perty~
2. The City may at ,any time in the fufure :not}ify the Owner, his heirs, personal
representatives,. successoxso:r assigns that the City in its sole discretion has determined
that it is advisable and necessary to have sidewalks installed in connection with said
described real p"1Aope:rty.
3. The Owner or his he:ia:s, personal represeOltatives, successors or assigns shall
at his expense within ninety (90) c11ays from the l1otific::a.t:ion by tthe City have sidewalks in-
stalled for said described real pJroperty in accordancelllirith CHy specifications and standards
as established.
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4. If the Owner or his heirs, personal repJr'e$("~ll.'t.tative'$, successors or assigns shall
fail to have sidewalks installed for the described .real p\.1ropert:~. in accordance with Ci"j;..V tor:/)'
specifications and standards within ninety (90) days frOIn the notification by the City, ~ ~ ~
then the City may have the sidewalks installed and ass;ess and impose a lien against t~ :~'
described real property for the cost of the work. L~ ,>,~ ~
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5.Thisagre~Il1ent is to be regarded as a covenant running with the land, regCf~~afS1
of whether it is specifically mentioned in an.y deeds or conveyance subseCIuently execf~J..~.8
and this agreement shall be binding on all parties, the heirs, }personal representativ~~.s ~
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successors or assigns. S ~ ~.s
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, 6. All notices pursuant to this agreement shall be furMshed to the respectiv~t?-H~s
~the following addresses, until receipt of written instructiom notifying the other pa~tr 'S a .
o~ different addres s: ~ ~ E
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PIMiL'.AS ;:0. fL0RIOA
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OI.IRIl ~ IRCUlT COURT
City:
C':my Manager
PO' Box 4748
C1iearwater, Florida
Owne,r:
Mailloux Builders, Ine.
1723 Winfield Drive
Clearwater, Florida 33516
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33518
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IN "\NITNESS \Vi-lERIOIi', the parties hereto have cauted these prOe~'c1t~~op~~ 118
executed the day and year last above written.
A~~rec:ness:
City Attorney'
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Owner
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STATE OF F.:J...Ia!~JLDA )
COUNTY OF :Enm:!ELLAS )
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I HER:m::srW CERTIFY, that on this
me perlliQJ.moaU appeared ~ -
and respectively Ci M nager, City Attorney, City Clerk
and Mayor-CcinmmmissiOInl. :r of the City of Clearwater, a munici})al corporation existing under
the laws of thE~ ~te of Florida, to me kno'\vn to be the individuals and officers described in
and who exec1cltcxiJl the foregoing Agreement and severally acknowledged the execution thereof
to be their fre;e act and deed as such officers thereunto duly alithorized; and that the official
seal of said municipal curporation is duly affixed thereto, and the said Agreement is the
act and deed of g;aid corporation.
WITNESS:my signature and official seal at Clearwater in the County of Pinellas
and State of Florida, the day and year last above written.. J .c...} >- ~;:." ....,
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My Commission Expires: ~~;:~ubjiC L2 ~-, )'. - - ~ .:::
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Notary Public, State of Florida of larGe
My Commission Expires S.pt, 29, 1977
Bonded by American Fire & C05ualty Co.
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STATE OF FLORIDA )
COUNTY OF PINELLAS }
, Before me personally appearedW'Li.//JJI'! /111 &/If./E J:e ,?' /?ARt:~LL.I'1__~~~E'
to me ~ell known and known to me to be the individuals descri')ed ..in and ~~~~-~xf~,;,cu~'~,the
- [Qr:ggOll1g agreement and acknowledged before me that they executed theE:f.~l'~e;.r'O-r.-tW&-, ..'..:;>
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purposes thereine-xpre-s sed. -- -:.f-- }"',~.:: j _ '"i '.....;.:. >
WITNESS my hand and official seal this .:1?~ day of ~~-r~~' ;.;- ~~~ .
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My Commis sion Expires: '~otary rlt)?c './.
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N01AN'/ PUBLIC STATE OF FLORIDA AT tARG!
M'/ COMMISSION EXPIRES JAN. 25, 1977
80NDED fHkU 3:N~RAI INS! I~" 'r< '''''''e',''ll'nR~
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