SEWER SERVICE AGREEMENT (5)
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82053199
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o. R. 5 3 3 3 PAGE 7 8 2
AGREEMENT
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THIS AGREEMENT, made and entered into this
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, A.D. 1982, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "Clearwater";
the CITY OF LARGO, FLORIDA, a municipal corporation, hereinafter referred
to as "Largo"; and JAMES F. MOORE, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described property
illustrated in Exhibit A attached hereto and made a part herein:
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Lots 17 and 18, Block A of Belmont Subdivision as
recorded in Plat Book 5, page 93, of the Public
Records of Pinellas County, Florida,
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WHEREAS, Largo does not presently have sanitary sewer servic~
which is located within the Largo Sanitary Sewer Service Area; and
a vaila ble to the Owner; and
WHEREAS, at this time, it is anticipated that Largo will install
sewers in the vicinity of the Owner's property and therefore Clearwater's
obligation for service of sanitary sewer shall cease; and
WHEREAS, the City of Largo has no objection to Owner connecting
to the City of Clearwater sanitary sewer system; and
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WHEREAS, the parties are agreeable to furnish said services
upon certain terms and conditions;
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
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1. Clearwater does hereby agree to provide sewer services,
subject to the terms of this agreement, and to permit the Owner to connect
to its sanitary sewer at the Owner's expense. Clearwater shall not be
liable for any damage resulting from any unavoidable cessation of treabnent
or the furnishing of services caused by Acts of God, fires, strikes, casualties,
accidents, necessary maintenance work, breakdowns or destruction of
machinery or pipe lines, civil or military authority, insurrections, riots,
) ~,~:;~{?t~:9~:;i.;.i,~~,~~n~~)e control of Clearwater.
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o.R.5333PAGE 783
2. That the Owner will pay normal sewer connection charges and
user 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 the City of Clearwater, Florida, and applicable State statutes.
3. The Owner agrees to connect to Largo's sanitary sewer system
at such time as Largo, in accordance with its Code of Ordinances, can
provide sanitary sewer services to the property.
4. The Owner agrees that the terms and provisions of this Agreement
shall be binding upon his successors and assigns, and that Clearwater shall
record this document.
5. The Owner agrees that the terms and provisions of this Agreement
shall be a commibnent 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.
6. If the Owner or his successors, or assigns, or any subsequent
owner, shall default in the performance of the term5 and provisions of this
Agreement, and either City shall institute legal proceedings to enforce the
terms and provisions hereof, the Owner, his successors and assigns,
covenants and agrees to pay all costs of such proceedings, including the
payment of a reasonable attorney's fee in connection therewith.
7. 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 and all remedies provided
by law which shall be construed as being cumulative in nautre, and shall
include but not be limited to the following:
(a) The right to immediately cease delivery of water
and/or sewer service to the defaulting Owner;
(b) The right to demand and require specific performance
pur suant to the terms of this Agreement;
(c) The right to recover damages from the defaulting Owner.
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D.R.5 3 3 3 PAGE 7 8 ~
8. This Agreement shall continue in effect, except that
Clearwater's rights, responsibilities and obligations, shall cease upon the
Owner being connected to the Largo sewer system.
9. All notices to be furnished hereunder shall be furnished to the
parties at the following addresses:
(a) City of Clearwater, c/o City Manager, PO Box 4748,
Clearwater, Florida 33518.
(b) City of Largo
(c) Mr. James F. Moore
IN WITNESS WHER EOF, the parties hereto have set their hands
~'" '.'.' :-; 19ned: '.f9.. .A'
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Mayor- Commissioner
By
and seals the day and year first above written.
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CITY OF LARGO, FLORIDA
By ()..fLwlO ~
City Manager
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Attest:~J/ ~1:!
ty Clerk f/
App;oveda~, to,forhl and
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As to Moore
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IO.R.5333PAGE 785
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
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I HEREBY CERTIFY, that on this 7 -- day of ~: '
A. D. 1982, before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams and Charles F. LeCher, 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 officials
described in and who executed the foregoing Agreement and severally acknowledged
the execution thereof to be their free act and deed as such officers,;)the:reunto
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duly authorized; and tha t the official seal of said municipal corp~'aJiori is
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duly affixed thereto, and the said instrument is the act and de~<~f<gaidcorporation.
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My Commission Expires:
t:n\ary r\';k State of Romi~
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and official seal a t Clearw<t;i~;~)~"the County
the day and year last ab()vew:~'it#~p:',
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. '. Notary Publi:." .
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WITNESS my signature
of Pinellas and State of Florida,
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this Irdayof
A. D. 1982, before me personally appeared
~~
respectively City Manager, City Attorney, City Clerk and Mayor- Commissioner
of the City of Largo, Florida, a municipal corporation, to me known to be the
individuals and officials 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 instrument is the act
and deed of said corporation.
WITNESS my signature and official seal at Largo in the County of
Pinellas and State of Florida, the day and year last above written.
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Notary PubliV
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:-:';,~~M;"C(}nl~ission Expires:
'1'/ ,.;. ;;;:, '"'" ,L :~
~ohry P-!lblic. S~?h' ~f Florida at large
ii\y~~mis~;d; ~,;..iles f<}ltl J, 1984
iwid~d lil[~ HPY, Ilia i8llIDaIt IaII -
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STATE OF FLORIDA )
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COUNTY OF PINELLAS)
o.R.5333PAGE 786
... BEFORE ME personally appeared James F. Moore
to me'vell known and known to me to be the individual described in and who
exeG:\lt~d the foregoing Agreement and acknowledged before me that he executed
th~'s.irhe for the p,~rposes therein expressed.
1 fit
I day of
:;;, ,.,.:. '~..,::~ITNESSmy hand and official seal this
.::~>ffJ(t~~'ff , A.D. 1982.
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Notary Public <;f
My Commission Expires:
"rOTARY PUR tiC, State ot Frorida At fargEl.
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