SEWER - CLEARWATER TOP COMPANY
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.0. R..4093 PACE1656
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AGREEMENT
THIS AGREEMENT, made and entered into this 1% day of
~' 19 73 , by and between the CITY OF CLEARWATER,
FLORIDA, municipal corporation, he reinafte r referred to as "Cityll, and
CLEAR WATER TOP COMPANY, a Florida corporation,
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner nOW owns the following described real
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property and intends to construct a residence thereon:
From the NE corner of the SE 1/4 of the SW 1/4 of Section 1, Township 29
South, Range 15 East, run S 00 17148" E, along the North-South centerline of
said Section 1 (centerline of County Road No. 34 .. Hercules Avenue), 200.00
feet; thence N 890 14'24" W, parallel to the North line of the SE 1/4 of the
S W 1/4 of said Section 1 and along the Southerly line of a 60.0 -foot Road
right-of-way (See O. R. Book 2099, Page 356, Public Records of Pinellas
County, Florida), 721.0 feet for the Point of Beginning; thence S 00 17'48"E,
240.0 feet; thence N 890 14'24" W, 200.0 feet; thence N 00 17148" W, 240.0
feet; thence S 00 14124'1 E, along said right-of-way line, 200.0 feet to the
Point of Beginning; subject to a drainage easement over the Easterly 15.0
feet thereof; also subject to a driveway and utility easement over the Westerly
15. 0 feet q,nd. the Southerly 20.0 feet thereof, lying and being situated in Pinellas
County, F lonc;la
WHER~AS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the City for municipal sewer
services; and
WHEREAS. the City is agreeable to furnishing said services upon
certain conditions and considerations;
NOW, THEREFORE. the pa.rties hereto hereby covenant and agree
as follows:
1. The City does hereby agree, subject to the terms of this agreement,
to permit the Owner to connect to its sanita~y sewer main at the Owner's
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however, the City shall not be liable
for any damage resulting from any unavoidable cessation of treatment ca.used
by act of God, necessary maintenance work, or any cause beyond the control
of the City.
2. In consideration of the covenants contained in Paragraph 1
immediately above
ltETURN TO:
CITY CLERK
, P.O. BOX 4748
PLEARWATER, FLA. 33518
on the pa.rt of the City, the Owner agrees:
'l'his instrnn1 snt "vv ~U; ~.,r~n ared by:
,'iC ^ t, Ltol'ney
lIEl'l'ET>ci' ill ,~'-~u ..
. " ~O_ > . ..... (\ V.,X 4748
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Clear""vater, I, ,Ol)(t8o .-0') .
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(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 at the expiration of a two (2) year period from the date of con-
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nection 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 said 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 herein-
above 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 a commitment and obligation which shall 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 and provisions of this
agreement and the City shall institute legal proceedings to enforce the te rms
and provisions hereof, the Owner, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payme nt of a
reasonable attorneyfs fee in connection therewith.
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.0. Ro_ 4093 PAGE1658
IN WITNESS VII-IEREOF, the pa.rties hereto have cau5ed thi~ agrecrnent
to be executed the day and year first above written.
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CITY OF CLEARWATER, FLORIDA
By 1!:J::5:-~;.>.,.)~)>
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Attest:
Signed, sealed and delivered m
the pres ence of:
CLEARWATER TOP COMPANY
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STATE OF FLORIDA
, Ka hleen Fedorsyn, Secre ry
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I HEREBY CERTIFY, that on this 94.. day of ~~.:.'IIIiI;'Ii,i;l"""\' ;
A. D. 19.73. before me personally appeared Merrett R. Stierheim, Herbert M.
,
Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corp:::>ration, 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 corp:Hation.
COUNTY OF PINE LLAS
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WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
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My Commission Expires:
Notilry Public, S~Jt~ of FI()~i~a at Large
IV\Y (om'";5~i,,.l ..);.;,,,, S.."L 29, 1913
Bonded 8y Amcr;",;m Fir~ a Ca~ualty Co.
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.0.-8... 4093 PAGE1659
'^ 'S'rATE OF FLORIDA
COUNTY OF PINE LLAS
Before me, the undersigned authority, this day personally appeared
John Fedorsyn and Kathleen Fedorsyn
to me well known and known to Ine to be the individuals described in and
who executed the foregoing instrument as President and Secretary respectively,
of the Corporation named in the foregoing instrum.ent, and they severally
acknowledged to and before me that they executed said instrunlent on behalf
of and in the nan"le of said corporation as such officers; that the seal affixed
to said instrument is the corporate seal of said corporation and that it was
.,ffixed".thereto by due and regular corporate authority; that they are duly
author~ed by said corporation to execute said instrument and that said
.",dns.t.r.~ment is the free act and deed of said corporation.
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l.,'(...... ". ',,<~WI1'NESS WHEREOF I have
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hereunto set my hand and affixed my
.. , A,D. 1973.
My Commission Expires:
Netary 'olic, State of Florida at Lars-
My Co""";nIOll Expires Feb. 5, 1977
Bonde41 by Americon Fire & Co.u.lty Co.
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