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SEWER - CLEARWATER TOP COMPANY (2) .... . ~ .~ r..... e:. a::: - - ~ ~ ~8 C,'...J l~........ .~..- "-'0\ ::; t':'_ 0 >-~ <..> ;:; tf) bo-{ ~ UJ4 . <.) U:..... :0<: _.1 a: LLJ UJ X. -J iL.-:fO ) 77110135 , C. R.4572 PAGf1816 AGREEMENT WHEREAS, the CITY OF CLEARWATER, a Florida municipal 7 (j 10 corporation, hereinafter referred to as "City", entered into a sewer services contract entitled "Agreement" with Clearwater Top Company, a Florida corporation, which Agreement, or a copy thereof, is attached, marked Exhibit A, and by reference made a part hereof, on May 9, 1973 , for the following described real property located outside the municipal limits of the City of Clearwater, which property is presently owned by Clearwater Top Company, a Florida corporation I'"'- r- .. -' hereinafter referred to as "Owner": 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 0017'48" E, along the North-South centerline of said Section 1 (centerline of County Road No. 34-Hercules Avenue), 200.00 feet; thence N 890 l4'24"W. parallel to the North line of the SE 1/4 of the SW 1/4 of Said Section 1 and along the Southerly line of a 60.0 foot Road right-of-way (See O. R. Bk 2099, p.356, Public Records of Pinellas County, Florida), 721. 0 feet for the Point of Beginning; thence S 0017'48"E, 240.0 feet, thence N 890l4'24"W, 200.00 feet; thence NOol7'48" WHEREAS, the sewer services agreement provided for an annual (see Addendum) charge for said services, which charge was equivalent to the tax revenue 2: 0- U>> c M U"') ::~ the City would receive from real property taxes were the serviced property located within the City, and WHEREAS, the contract provided that the annual charge would heg;,.~rl two (2) years after the signing of the contract and would be terminated whe1, !~I the property was annexed into the City, and ~i9~~, ! I) ~~! WHEREAS, it was the intention of both parties to the Agreement to _ ~ .. have said property annexed into the City of Clearwater, and 1 . 'I" ;t>-d' ;..,~ ,ii' ~ & WHEREAS, it is now apparent that said property cannot be annexectEL~ '& S} .~~~ into the City, and the annual charge will continue to be assessed against th.~~~ property and will constitute a lien thereon ad infinitum; CQ P-J ~I M, such annual charges from non-municipal property and the property owners 0 l::.::l ~ <' L.~r--~ ..~"l:/'~ wish to re released from their burden of having such annual charges assessed~ t3 ~ p{ ::>~~~ f-o . . E-i W~O~ ~U~f$: ~ ~ ~ ~ ,/ U WHEREAS, the City wis hes to be relieved of its burden of collecting against said property; and WHEREAS, the City Commission of the City of Clearwater has, by motion dated , authoriz ed the execution of this January 20, 1977 -1- Csb, f:., ; C.,'-,,,, J , ~. ~. 4572 rAtE1817 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 caus e 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 assessed on the real property for the year ending 1975. 3. In cons ideration 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 as signs, and that the City may record this document if it so des ires. (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 o. R.4572 PAGE1818 IN WITNESS WHEREOF, the pi. rties hereto have caused this agreement to be executed this (.1) q da y of .s:::....J U N E: A. D. 197L. ~~C?~ a yor -C ommis sion By Countersigned: At~e~~t/ 1 City Clerk Signed, sealed and delivered in the presence of: LY;~ !?n. ,~~e-~ As to City CLEARW A TER TOP COMPANY (iL /--~ 4.:::;:'-.- ~~~ d;. :..~. ~ iJ'~... .- ~~V~~~ OWNER STATE OF FLORIDA COUNTY OF PINE LLAS * AnthonyL. Shoemaker I HEREBY CERTIFY, that on this /5" day of ,J2 ~ A. D. 197~, before me personally appeared*.RiacdxExxEbD:lpii, 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 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 of Pinellas and State of Florida, the day and year last above written. My Cornm.is sion Expires: I<ad ~C-~v Notar~ublic cC' '. : " .,~ Ij v Notary Public, Stc'" of Florida at Large My COnvNssion Expires Sept. 29, 1917 Bonded by American flrll &. I..Qsualry CV. -3- - .' '"'" ~ ' ..... I I STATE OF FLORIDA u. H.4572 PAGE1819 COUNTY OF PINELLAS: BEFORE ME, the undersigned authority, this day personally appeared ---\D~ ~ "bnae..~~ ,,, and ~f'IT'\"tLEe:r-i (~. \="e-DoQS,'1 tV to me well known and known to me to be the individuals described in and who executed the foregoing instrument as 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 ~C\ day of ~ \.) N E" , A. D., 19 '\ '\ " ,"... '" < ,,~~~ '-\1~ ~~~~~. .... Notary Public.'~ .', v.J.. (f , ..~ -, 'r '. --~ My Commission Expires: t1Dl,,~ Publ!:, S:i';:; of rlor~(]a &t Lar9f ~'h; Commici$ir..n ~);f;:~25 D~(. 13, 1930 B J i" III 1 np'''''n {.'jrA & C.1I~l1.il.li., ComDIIIII.J -4- I ADDENDUM continuation of legal description from page 1 l Q. ~. 4572 PAGE1820 W, 240.0 feet; thence S 0014124"E, along said right-of-way line, 200.0 feet to the Point of Bgginningi 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 and the Southerly 20.0 feet thereof, lying and being situated in Pinellas County, Florida.