SEWER AGREEMENT (4)
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v. ~. 4602 PAGE 495'
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AGREEMENT
THI S AGREElvlENT, made and entered into thi s;Z6Lffay of
<~~<I(' itA A. D., 1977 by and between the CITY OF C LE.A_R "YATER,
;~t;D~, .a munici pal corporation, hereinafter referred to as "Clearwater",
and the CITY OF SAFETY H.'7-..."-BOR, FLORIDA, a municipal corporation,
hereinafter referred to as "Safety Harbor" and GULF lvL\CHINER Y COMPANY,
INC., and DONALD_D. McFARLAND collectively, herelffaiterreferred to as
rlOwnerll;
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WHEREAS, the Ov,mer owns the followi:1g descri bed real property: ,,,>=8 ~
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located within the municipal boundaries of Safety Harbor and therefore ....}"
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system on an interim basis and Safety Harbor's water system on apermanent
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WIT N E SSE T H:
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See Attached EXHIBIT "A"
not wi thin ~ither the corporate or service area of Clearwater;
and
WHEREAS, the Owner desires to connect to Clearwater's sewer
basis; and
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WHEREAS, an additional buildi ng is proposed by Gulf Machinery to ~
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added to those presently served by Clearwater, which serVIce shall last for a ~~o::it'l
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period
of approximatel y one year; and
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WHEREAS, at this tiine, it is anticipated that Safety Earbor
will
install sewers in the vicinity of the Owner's property and therefore
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obligation for service of this type shall cease; and
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WHEREAS, the parties are agreeable to furnish said services upon
these terms and conditions:
NOW, THEREFORE, the parties hereby covenant and agree as follows:
1. Clearwater does hereby agree to provide sewer services, subject
to the terms of this Agreement, and to perrr.J.t the O",;ner to connect to its sanita!"y
sewer at the Owner's expense. Clea!"water sh...n not be liable for any darnage
resulting from any unavoidable cessation of treatment or the furnishing of
s ervlces caus ed by Acts of God, fires, strikes, casualties, accidents, necessary
maintenance work, breakdowns or destruction of rr..achinery or pipe lines, civil
or military authority, insurrections, riots, or a!lY other cause beyond the control
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of 'Clearwater.
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'.n.l.4602 PACE 496
2. Safety Harbor does hereby agr ee to install a water line to the Owner
,which will have a diameter of not less than six (6) inches. The O\vner shall
pay to Safety Harbor the cost of installation of a 6-inch water line and ancillary
facilities which will traverse from the Owner's property along State Road 590
to Palmetto Drive. Safety Harbor, shall not be liable for any damage resulting
from any unavoidable cessation of treatment or the furnishing of services
caused by Acts of God, flres, strikes, casualties, accidents, necessary lvlain-
tenance work, breakdowns or destruction of machinery, or pipe .lines, civil or
military authority, insurrections, riots, or any other cause beyond the controi
of Safety Harbor
3. Safety Harbor does hereby agree to provide to the Utilities Depart-
ment of the City of Clearwater, monthly water meter readings from its meter
serving Gulf Machinery Company for the purpose of assisting the City of Clear-
water in determinL'1.g Gulf Machinery's monthly billing for sewer service provided
by Clearwater.
4. Sewer service for the Gulf Machinery Company expansion will be
provided by the City of Clearwater after the water main and meter are connected
to Safety Harbor.
5. Safety Harbor does hereby agree to subtract the number of gallons
per day which will be used by the Owner from the total number of gallons per
day allotted to Safety Harbor (loa, 000 gallons/400 dwelling urJ.ts) in the
"Contractual Agreement for Utilization of Sewer Treatment E:~cilities Between
the City of Clearwater, Florida, and the City of Safety Harbor, Florida,"
dated October 22, 1976. It has been determined that the number of gallons
expe<:tedto be--u~dby-the -Gwnerand--charg ed-ag ainst--or --s ubtr~ct-edfr or.n-the ---
Safety Harbor allocations shall equal 8 dwelling udts (2,000 ga1Jons pe:- day).
6. The Owner agrees that as to the water and sewer services from
Safety Harbor and Clearwate:-, respectively, and as to the prospective sewer
service from Safety Harbor, that the meter charges, monthly charges, tap-in
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fees, lf any, are reasonable and just.
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7.
The Own.er dlel hereby dedicate an eas eme'.t for
.o.B,. 4602, PAGE 497
the location of
the water line on its property to the City and does her~by covenant that all its
right, title and interest, except as may be waived by th'e City, is vested within
the City by the execution of this document.
8. It is further agr eed as follows:
a) That the Owner will pay normal sewer connection charges to
Clearwater~ on the same basis as sewer service users outside
the municipal boundaries are charged, as set out in the Code of
Ordinances of tjle City of Clearwater, Florida, 1962;
b) The Owner agrees to connect to Safety Harbor's sanitary
sewer systetn at such time as Safety Harbor, i:1 accordance with
its Code of Ordinances, can provide sanitary sewer services to
the property;
c) the Owner agrees that the terms and provisions of this
Agreement shall 'be binding upon its successors and assigns,
and that Clearwater shall record this document;
d) the Owner agrees that the terms and provisions of this
Agreement shall be a commltment and obligation which shall
not only bind the present owner of said described property but shall
be a covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners, heirs, successors and
assigns of said described real property, whether or not it is
mentioned in the Deed to said owners;
e) if the Owner or its successors, or assigns, or any subsequent
owner, shall default in the performance of the terms and ,provisions
of this Agreement, and either City shall institute legal proceedings
to enforce the terms and provisions hereof, the Owner, its successors
and assigns, covenants and agrees to pay all costs of such proceed-
ings, including the payment of a reasonable attorney's fee in
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c<;1n.nection therewith;
f) in the event that the Owner, his successors or assigns, or any
subsequent owner, shall default in the performance of the terms
and provisions of this Agreement, then either City shall have any
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Q.~A602 rAGE 498
and all remedies provided by law which shall be construed
as being cumulative in nature, and shall include but not be
limited to the following:
1) The right to immediately cease delivery of
water and/or sewer service to the defaulting
owner;
2) The right to demand and require specific
performance pursuant to the terms of this
Agreement;
3) The right to recover damages from the
defaulting Owner.
9. This Agreement shall continue in effect, except that Clearwater's
rights, responsibilities and obligations, shall cease upon the Owner being
connected to the Safety Harbor sewer system.
10. All notices to be furnished hereunder shall be furnished to the
parties at the following addresses:
a) City of Clearwat~r, c/o City Manager, PIa. Box 4748,
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Clearwater, Florida 33518.
b) City of Safety Harbor, c/o City Manager, City Hall, Safety
Harbor, Florida 33572.
c) Gulf Machinery Compamy c/o Donald O. McFarland,
311 South Missouri Avenue, Clearwater, Florida 33516.
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o. ~.-4602 PACE 499
IN 'NIT NESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year fir st above written.
CITY-G-F CLEARWATER, FLORIDA
By l~~~\-_u
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Counter signed:
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.' Mayor-Com' sian,
Attest:
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City Clerk
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CITY OF S.AFET~BO. R,
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By /"' .....1..,
City Martag
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FLORIDA
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Approved as to fo:::-m and
correctness:
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City A t rney
Witnesses as to Owner:
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o. 1.4602 PAGE 500
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STATE OF FLORIDA)
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COUNTY OF PINELLAS )
**Jeffrey Butler
*Acting
I HEREBY CERTIFY that on this 26th .day ,pf September
A.D., 1977 " before me personally appeared*~AQ"''TT'~AQQ...al'~L'
THOMAS A. BUSTIN, R. G. WHITEHEAD, and GABRIEL CAZARES, respect-
ivelY/~::il#Y Manager, City Attorney, City Clerk and Hayor-Commissioner,
of the City of Clearwater, Florida, a municipal corporation, to me
known to., be the individuals and officers describedirL and "Jh-o--
exoecu-t~d---th-e-Cf~reg-o-ing 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 Stat~ of Florida, the day and year last
.above written.
Notary Publlc, Slate of 'P'lorhlo ot lorge
My Commission Expires Sept. 29, 1917
R"n..l....1 ~ American fire &. Casualty Co.
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Notary Puo ~c,- _- -' : -, 'c' '
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My Commission Expires:
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STATE OF FLORIDA )
)
.COUNTY OF PINELLAS )
,
My Commission Expires:
NOTARY PUBLIC STATE OF FLOlIOA AT LARGE
MY COMMISSION EXPIRES FEB. 28 1981
IONOED THW GENfRAL INS. UNllI'RWilTEllS
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STATE OF FLORIDA )
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COUNTY OF ,PINELLAS )
I HEREBy'CERTIFY that on this day,before me, an officer duly
authorized in the State aforesaid and in th Co nt3 - e aid to
! ana d. U. c r ana
takt'i~~e~.,nR;If.l edgmen t s, per sonally appeared _,' "
~GULF MACHINERY COMPANY, INC., to me known to be the
person described in and who executed. the foregoing Agreement and
acknowledged before me that he executed the same.
WITNESS oy hand
last aforesaid this
<rnd official
1L~dayof
sea~ in ,the"cou~ty and S ta te
,(h j,~~, ,A.D., 19TL.
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llotarfU%\}~,;i<=: -', ,.
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My Commission Expires:
Nctor/ rl,J,'1i~r Sf.;;:? ~~ I:"' L~"( .:::' '.arG'_'
V", (:'-"l"-"-:'~'. f'- , 1:"'.1'1
.r:kHld:o-'~ f:;1 .".E~:-:'i;:~;;-; i:!~c [, Cusuo[ty Co.
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STATE ,OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County aforesaid
to take acknowledgments, personally appeared DONALD O. McFARLAND,
to me known to be the person described in and who executed the
foregoing Agreement and ackno",ledged before lIl~___tha_L_h_e_execu-E~d
t h_e_ _s_ame'-._ ___0
lHTl.ESS my hand
last aforesaid this
and
/{,~
official
day of
~:}_;An; the
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County and ~tate
, A.D., }977
Nct~ory pubric., Sk.~!",. of rl_'.::h ~t Lorge I
",1v CO:,!:jm;~sr>:'l1 :;'""10'"." J~"';G. 1, 1918 '
Bonded by AmG.;~clli Hro & Ccmluhy ~~
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My Commission Expires:
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.D.0.4~602 rAGE 502
,
AGREEME1t"T between the CITY OF CLEARWATER, FLORIDA, the CITY
OF SAFETY E.~R, FLOR!DA, GULP MACE:Dn:RY COlo'..P.~, INC. and
IX)NALl) O. MCl"ARUu'ID
EXHIBIT "Au
Parcell. The Southeast Quarter (S~~) of the Southwest Quarter
(SW~) of Sec. 4, Twsp, 29S, Rl6E, less the East 580 feet, also
less the South 650 f~et of the North 690-feet--ot'-saicd-Southea1:rt---
-Quarter\sEJif- of .Southwest Qllarter (SW~) aforesaid, Pinellas
County. Florida.
Parcel 2. All of SONIA TER.'lACE SUBDIVISION as recorded in Plat
Book 19, page 3A, public recorda of PinelJ.as County, Florida,
and further described as East 580 feet of Southeast Quarter (SE~)
of Southwest Quarter (SW~) of Sec. 4,''rwsp, 29S, R. 16E, all
situated in Pinellaa COunty, Florida, LESS L08s 1, 2 and 3. Block
1, SONIA TERRACE SUBDIVISION, as recorded in Plat Beok 19, page
34 of the pUblic recorda of Pinel1as COunty, Florida.
Parcel 3. That part of the NE~ of the NWl;t of Section 9, Township
29 South. Range 16 East lying North of the Tampa and Gulf Coast
Rai1,road right-of-way, and LESS the West 306 feet thereof, and
LESS the East 114.9 feet of said NE~ of h~~ of Section 9, Township
29 South, Range ~6 East.
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