SEWER - GOLDA FARMER - REF ORIGINAL AGREEMENT WITH CFS SERVICE CORPORATION
. .
. .
~
I
.77089985
I
.OiR. ~W PM;c18Ja
AGREEMENT
WHEREAS, the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled 11Agreement" with
CFS SERVICE
CORPORA TION
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on March 26, 1973
for the following described real property located outside the municipal
,~.......
:--
...
of the City of Clearwater:
Lots 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 24, and 25, JADE HEIGHTS SUBDIVISION,
according to map or plat thereof as recorded in
Plat Book 30, Page 90, Public Records of Pinellas
County, Florida;
limi ts
''"~ ::~~
".) "".J:
';"..'1::
'-~ . 'r ....'"
;,~ ;:;~ ~;, ~
'-,~~~ ,:.{ '-"
... :j ~.~:
:'11 . ~
,:z" "--r, ' ,j
Cl, ,~Q
':c.
:a.-
N
<::)
tl"I)
and
a::a
z
~
Golda Farmer------------, hereinafter referred to as "Owner", which
WHEREAS, a portion of that property is presently owned by
portion is described as follows:
Lot 21, JADE HEIGHTS SUBDIVISION, according to
map or plat thereof as recorded in Plat Book 30,
Page 90, Public Records of Pinellas County, Florida;
and
WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City; and
~
~
f'",,-
~\
--,
WHEREAS, the contract provided that the annual charge would begin
two (2) years after the signing of the contract and would be terminated when
~~
~~ ,,~
~ ~<2J
~
the property was annexed into the City; and
WHEREAS, it was the intention of both parties to the Agreement to
have said property annexed into the City of Clearwater; and
WHEREAS, it is now apparent that said property cannot be annexed
c
...
into the City, and the annual charge will continue to be assessed against the
L.
, '
;.,-
property and will constitute a lien thereon ad infinitum; and
c..:.
WHEREAS, the City wishes to be relieved of its burden of collecting
suc nnual charges from non-municipal property and the property owners
r1 ("~' , 11 C~:~
( ).b()%'--
\
,I, '-
--------
'v
i,'
--_.~-
-1-
4'j" . ".0:.;1
..'. '- v
1u: Jl. (" 11 -
.:;,
)
(~/
1
,
J
I .0. K. 4557 PAGE1804
wish to be released from their burden of having such annual charges assessed
against said property; and
WHEREAS, the City Comrnis sion of the City of Clearwater has, by
motion dated January 20, 1977, authorized the execution of this Agreement
and Release, which release, or a copy thereof, is attached, marked
Exhibit B, and by reference made a part hereof;
NOW, THEREFORE, the parties hereto hereby covenant and
agree as follows:
1. The City does hereby agree, subject to the terms of this agreement,
to continue to provide the owner with sewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work,
or any cause beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said release, attached and marked Exhibit B,
shall be executed following payment of the annual charges on the real
property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
1 and 2 immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges to
the City on the Same basis as persons living outside the municipal boundaries
are charged, and as is provided by City Ordinance, as long as such real
property remains outside the municipal boundaries of the City of Clearwater.
(b) The Owner agrees that this Agreement shall be binding upon
his heirs, administrators and assigns, and that the City may record this
document if it so desires.
(c) The Owner agrees that in the event that the property which
is the subject of this agreement becomes eligible for annexation, the Owner
shall petition the City for annexation into the limits of the City and as a
matter of fact, this Agreement may be considered a written request to annex.
-2-
I
I
Q. R...4557 'AGi1805
IN WITNESS WHEREOF. the parties hereto have caused this
agreement to be executed this ~day of
~~
A. D., 1 94,
Countersigned:
~~~
Mayor-Commissi ~
CITY OF CLEAR WATER, FLORIDA
/
l
d as to form and
t
Att?%/~
if- City Clerk
Signed, sealed and delivered in
the presence of:
L/~
.
;~ c.? ,-j)
I . "~C7~~
As to City
^.!/~~
~~-
~
"
/.
OWNER
}'
As
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CER TIFY that on this J~ay of L
A. D. 19:1.1.... before me personally appeared Picot B. F{!;;d, T:-;mas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged 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 seal at Clearwater in the County
and State above, the day and year last above written.
~.a,'~'
Notary P he . .".
My Commission Expires:
Ncf~~7 !,,'/." .... .'- --~ :>.' ,-- ,..t ~~j:-'1':!:
1.~_ ~ 1 ::;.}~
E.;,~.-:..~J :_ J .r.1.,'~~<"-_:': r<j"~ ;jc '-'~: ::..:....&Lry Co.
-3-
~
I
I
STATE OF FLORIDA
o. R. 4557 pA:&d806
COUNTY OF PINE LLAS
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgluents, pers onally appeared
Golda Farme r
to me known to be the persons described in and who executed the foregoing
agreement and acknowledged before me that they executed the same.
WITNESS my hand and official seal in tbe County and State last
aforesaid tbis (;2S- day of May , A.D, 1977
4s A/' "/. :"11 ~I
O~
Nota PUbfic .;:' ","/,/ 'c'," :>
./ '....
./
,I
. y/
-.'--,
." '. --'
.; - ~.:
-~':;'
'-
My Commission Expires:
./
~ , ..
~'~(, . (I'"
,/
.' l ~~
,;,r,J ,~/_-"
~ :73
,hji,\.k:O,.i ;";'/ ,~\,(.....~'i-.:'..:! .
_::y c".
-4-
.~
I
I
.0. K. 4567' f.AGE1807"
AGREEMENT
THIS AGREEMENT, made snd entered into this
""/ i:l"
-<~. /,.,
day of
)' ) /;;21 cl<-/ . 1973, by 8nd between the CITY OF CLEARWATER,
FLORIDA, 8 municipal corporation, hereinafter referred to as
"Cityn, and CFS SERVICE CORPORATION, hereinafter referred to
a8 "Owner";
WITNESSETH:
WHEREAS~ the Owner BOW owos the following described resl
property and intends to construct a residence thereon:
"'" V .,/
Lots 7, 10, 11, 12, 13, 14, 1S, 16, 17, 18, 19,
20, 21, 24, and 25, JADE HEIGHTS SUBDIVISION,
according to map or plat thereof 8 S recorded in
Plat Book 30, Page 99, public records of Pin~llas
County, Florida.
WHEREAS, the Owner desires to connect to the City sewer
mein and 1s agreeable to signing an agreement witb the City
for DlUDic:ipal sewer services; and
WHEREAS, the City is agreeable to furnishing said services
upon certain conditions and considerations;
NOW, 'tHEREFORE, the parties hereto hereby covenant and
agree as follows:
1. The City doea bereby agree, subject to the terms of
t~is agreement, to permit the Owner to connect to its sanitary
sewer ..in at the Owner's expense. The City does agree that
such conneetioD for the treatment of sewage will at all times
be continuous, however, the City shall not be liable for any
damaae resulting frona any unavoidable cessation of treatment
caused by act of God, necessary l118intelUJDCe work, or auy cause
beyond the control of the City.
2. In consideration of the covensnts contained in
Paragraph 1 iDlDediBtely above on the pa rt of the City J the
Owner agrees:
-1-
EXHIBIT A
I
I
.o._R! 45&7 PAGt18{}8~
(a) To pay the normal sewer connection charge and monthly
sewer service charges to the City on the same basis as persons
living outside the municipal boundaries are charged.
(b) The parties hereto do further covenant that within
two (2) years from the date that said Owner connects to the City
sewer main. he shall petition the City for annexation into the
limits of said City and as a matter of fact, this agreement may
be considered a written request to annex at the expiration of
said two (2) year period.
(c) If st the expiration of a two (2) year period from the
date of connection to the City sewer system the above described
real property cannot be legally annexed into the City, then the
Owner shall pay an annual charge to the City based upon the tax
revenue that the City would receive from real property taxes if
the property as hereinabove described was in the City, and
therefore subject to a real property tax by the s~id City in
..
addition to the monthly sewer service charges. Payments shall
be made on January 1st of each year following the expiration
of said two (2) year period. In the event of annexation as
hereinabove provided. the foregoing annual charge shall not be
in effect.
(d) The Owner agrees that this agreement shall be binding
upon his heirs. administrators and assigns and that the City may
record this document if it so desires.
(e> The Owner agrees that the terms and provisions of this
agreement shall be 8 commitment and obligation which shsll not
only bind the present Owner of said described real property, but
shall run with the land and shall bind and be enforceable against
all subsequent owners of said described real property whether or
not mentioned in the deeds to said owners.
(f) If the Owner. or his successors or assigns or any
subsequent owner shall default in the performance of the terms
-2-
I
I
.D. R~ 455~' fAGE1809J
and provisions of this agreement snd the City shall institute
legal proceedings to enforce the terms and provisions hereof,
the Owner, bis successors and assigns, covenant and agree to
pay all costs of such proceedings, including the payment of s
reasonable attorney's fee in connection therewith.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first sbove written.
]t"
Approved a 8 to form
correctness:
/ -" /.
. - ~>' /</ .
~/'_/ - -' -', -.//., - ,,.---./ -~,.-....;~----
City Attorney .
Signed, sealed and delivered
in the presence of:
;(~6 ~
L- 'uJ~
- b."W ~
As to City
c
( cLfU;.
.'1
/)... /
?/ InLt-~
f/.. j '-f.
~~".{lv~,-L;,- t. . ;.f<-~~-.('- '-,
As to Owner I
J
:~IDA
Ci Manager
-
At:ifi r < .
/ ~ //
,'..-,.- .... / /
. . ..~~,A~
c~y Clerk
0/
~., SERVICE CORPORATION
. \
l )Ol\~~~
~ Executiv~. Vice ~esident
-------=---~
(SEAL)
"-lQ~~- ~ - ~~C/(
Seci-etary
(SEAL)
STATE OF FLORIDA )
)
COUNTY OF PIBELLAS )
1 R1P.R'RRY CERTIFY, th.at on tbis ~ __ day of ~ ~
A.D. 1973. before me personally appeared Merrett R. Stierheim,
Hexbert K. Brown, R. G. Whitehead and H. Everett Hougen, respectively
City M8nager, City Attorney_ City Clerk .nd Mayor-CoamU.s8ioner of
the City of Clearwater, Florida, . municipal corporation, to me
known to be tbe individuals and officers described in and who
executed the foregoing Agreement and severally acknowledged tbe
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 .f~1xed thereto, and tbe said agreement
1s the act.and deed of said corporation.
-3..
I
I
.6. R.4557 "AGEiStO
WITNESS my signature and official seal at Clearwater in
the County of Pinellas and State of Florida, the day and year
last written above.
/(~ L~
Notary Public
My Commission Expires:
A,';~ pnb1jr ".>l." - nl Florida at larae
My Commission Expires Sept. 29, 1973
Bonded By Amencan File & 'a~ilo~~lIy Co.
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
Before me, the undersigned authority, this day personally
appeared Donald S. Jones and
Ma~e H. Beard to me well known and known
to me to the individuals described iri and who executed the
foregoing instrument as Executive Vice President and Secretary
respectively of the Corporation named in the foregoing instrument,
and they severally acknowledged to and before me that they executed
said instrument on behalf of and in the name of said corporation as
such officers;
that the seal affixed to said instrument is the corporate seal of
said corporation and that it was affixed thereto by due and regular
corporate authority; that they are duly authorized by said corporation
to execute said instrument and that said instrument is the free
act and deed of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal this 26th day of March , A.D. 1973
&/~1?~ /} )/jr:l" "l.c..,-,
Notary Public
My Commission Expires:
NOTARY PUBLIC, STATE ~I~~~~O~L~ ~~Gi976 .
lAY COMMISSIO~~ U SI:Hli\tl"IlIINIi;;kWl<ITERS
BONDED IHItU \al:.l~ .
- 4 -
"
I
I
.oLk. 455~/ PAGE:tEil1!.
PAR TIAL
RELEASE
WHEREAS, on or about the _day of
19 , the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City", en~ered into a sewer services contract
entitled "Agreement" with
for the following described real property located outside the municipal limits
of the City:
and
WHEREAS, a portion of that property is presently owned by
, hereinafter referred to as "Owner",
which portion is described as follows:
and
WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located wi thin the City; and
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual char ges from the property located outside the municipal limits,
and the property owners wish to be released from their burden of having
such annual charges assessed against said property;
NOW, THEREFORE, in consideration of the foregoing, the City
does hereby acknowledge the execution by the Owner of a new agreement for
sewer services, and, in consideration thereof, the City does hereby remise,
release, and forever discharge the Owner of the property from further
obligation under the agreement dated
-1-
EXHIBIT B
..
I
I
.o~._~. 4561 FA'Gd812
IN WITNESS WHEREOF, the City of Clearwater, Florida, has
caused this Release to be executed. this _day of
19
CITY OF CLEARWATER, FLORIDA
Counter signed:
By
City Manager
Mayor -Commissioner
Approved as to form
and correctness:
Attest:
City Clerk
City Attorney
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY that on this _day of
A. D., 19_, before me personally appeared Picot B. Floyd, Thomas A.
Bustin, R. G. Whitehead, and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Release and severally
acknowledged the execution thereof to be their fr ee 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 Release is the act and deed
of said ccrporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above wr itten.
Notary Public
My Commission Expires:
-2-