EFFLUENT AGREEMENT/NE POLLUTION CONTROL FACILITY MCMULLEN BOOTH ROAD
operation, maintenance, repair and other uses in connection with the line
shall be conducted so as to minimize interruption of normal operations upon 11 CHc!.OOO7O,
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the Property and use of the Property by members and guests of Countryside. 40 Rec ".6Q
46 Pos__~~
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EfFLUENT AGREEMENT
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851859'7<3
THIS EFflUENT AGREEMENT is made and entered into effective this J.,7cf4-
day of ~, 1985, by and between the CITY OF CLEARWATER, a Florida
municipal corporation (hereinafter "City"), and COUNTRYSIDE COUNTRY CLUB,
INC., a Florida corporation (hereinafter "Coyntryside").
WITNESSETH
WHEREAS, City generates a daily flow of treated wastewater effluent
from its Northeast Pollution Control Facility located at HcMullen Booth
Road in Clearwater, Florida (the '~Effluent"); and
WHEREAS, spray irrigation of treated wastewater effluent is a
recognized and desirable form of effluent disposal, approved and encouraged
by regulatory protective agencies; and
WHEREAS, Countryside owns and operates a private country club facility
located in Clearwater, Florida, including real property in connection there-
with (the "Property"); and
WHEREAS, Countryside's use of Effluent would be beneficial to both
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parties as well as to relieve demand on the Florida Aquifer underground
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water supply;
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NOW, THEREFORE, in consideration of the mutual prom~ses and covenants
hereinafter set forth, the parties hereto do hereby agree as follows:
1. City will, at its sole cost and expense, construct an effluent
transmission line (the "Line") for the purpose of transmitting Effluent
from its Clearwater Northeast Pollution Control Facility to Countryside's
irrigation holding pond adjacent to Countryside's maintenance facility
located at Landmark Boulevard in Clearwater, Florida.
2. City will, at its sole cost and expense, prepare engineering plans
and specifications depicting and describing details of the effluent line for
examination by Countryside and agrees that Countryside shall have approval
authority over the design of the portion of the line to be located on
Countryside property_
3. City covenants and agrees that the construction, installation,
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4. City covenants and agrees that all construction, installation,
operation, maintenance, repair and other uses in connection with the Line
shall be performed at the sole expense of City, and shall be performed and
completed in a good and workmanlike manner and without expense to Countryside
and that after performance of any work in connection with same, City shall,
without expense to Countryside, restore those areas of Property affected
thereby as nearly as practicable to the condition in which the same were
found immediately prior thereto, excepting that affected course playing
surfaces will be neatly dressed and left for final restoration by Countryside.
5. Subject to the terms and provision of this Agreement, Countryside
shall execute and deliver to City a utility easement for the construction,
installation, maintenance and repair of the Line on the Property.
6. City shall endeavor to provide Effluent to~Countryside at all times
requested by Countryside, but City shall not be held responsible for failure
to provide same for any reason whatsoever.
7. Countryside shall endeavor to use Effluent whenever and wherever
possible but Countryside shall not be obligated to utilize any Effluent nor
a specific amount thereof and shall have the right to use such Effluent as
Countryside, in its sole discretion, deems advisable.
8. This Agreement may be executed ln any number of counterparts which
together shall constitute the agreement of parties.
9. This Agreement and the term and provisions hereof shall insure to
the benefit of and be binding upon the parties hereto and their respective
successors and assigns whenever the context so requires or admits.
10. This Agreement has been executed and delivered in the State
of Florida and shall be construed in accordance with the laws of the State
of Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed and to be effective the day and year first above written.
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Attest:
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COUNTRYSIDE COUNTRY CLUIh".'Il~G"
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A Florida Corporation ...... i.l.....,\.
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By ~ ~ ( ,-,...' \vt.. k. ""t ". .'..........',,;.;:.....
r::::==.- <^A '^-'\. ~\ vv-..: ,- t, ~ -", ~ -~__ ~,
Nancy Franklet," J!.l!€l.~~tfclft..,~~/
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Randofph D. Addison
Secretary
CITY OF CLEARWATER, FLORIDA,
A Municipal Corporation
Countersj,gned:
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Attest:
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Approved as to form
correctness:
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ActIng City A torney
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STATE OF ~~X~5
COUNTY OF DIt~
I HEREBY CERTIFY that on this day before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared Nancy Franklet and Randolph D. Addison, well
known to me to be the President and Secreta~y respectively of the
Countryside Country Club, Inc., and that they severally acknowledged
executing the same freely and voluntarily under authority duly vested
in them by said corporation and that the seal affixed thereto is
the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this /~-f1 day of August, A.D. 1985.
02.-/7-J'J
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A~":}r: BETTY JEAN THOMAS
~*t<;, . Notar~ P~blic. State of Texas
\,: '.'" Commission Expires 2-17.88
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My Commission Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this&114 -day of August, A.D. 1985,
before me personally appeared Anthony L. Shoemaker, Frank X. Kowalski,
Cynthia E. Goudeau and Kathleen F. Kelly, respectively City Manager,
Acting 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 instrument, 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 instrument is the
act and deed of said corporation.
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official seal at Clearwater in the
of Florida, the day and year last
WITNESS my signature and
County of Pinellas and State
above written.
My Commission Expires:
'Notary Public, State of Florida
My Commission Expires Jan. 7, 1931
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Notar~ PubllC , .<\'~;;j ';/;"i,
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PAGE & ADDISON
ATTORNEYS AT LAW
14651 DALLAS PARKWAY, SUITE 700
DALLAS, TEXAS 75240
(214) 960-0933
JOHN M. THEIRL
TELECOPY (214) 960-2287
August 16, 1985
Mr. Scott W. Summerfield
Countryside Country Club
3001 Countryside Boulevard
Clearwater, Florida 33519
Re: Effluent Agreement
City of Clearwater
Our File No. 005.10
Dear Scott:
Enclosed herewith please find three (3) copies of the Effluent Agreement
duly executed and notarized. After you have obtained the signature of the
City of Clearwater, please forward one (1) fully executed copy of same to my
attention for inclusion in the Master Contract File.
Pursuant to our telephone conversation, you advised me the City is requiring
the Agreement to be notarized, whereas the Agreements previously executed
by Countryside Country Club did not provide for notarization. You also advised
me that in all other respects the Agreements are identical.
If I can be of further assistance, please advise.
Very truly yours,
PAGE & ADDISON, P.C.
~
Marilyn H. Agoos
Legal Assistant to
John M. Theirl
MHA/bkl
Enclosures
cc: Ms. Nancy Franklet