SEWER SERVICE AGREEMENT (3)
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AGREEMENT
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THIS AGREEMENT, made and entered into this 7 day of
~ 't.J , 1983, 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 ROY
GALLlNAR, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described property illustrated in
Exhibit A attached hereto and made a part hereof:
Lots 4, 5, 6 and 7, Block A of Belmont Subdivision as recorded
in Plat Book 5, page 93, of the Public Records of Pinellas
County, Florida.
which is located within the Largo Sanitary Sewer Service Area; and
WHEREAS, Largo does not presently have sanitary sewer service available
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
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:
I. 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 an
unavoidable cessation of treatment 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, insurrection, riots,
or any other cause beyond the control of Clearwater.
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.
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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 commitment 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 terms 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 nature, 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 pursuant to the
terms of this Agreement;
(c) The right to recover damages from the defaulting Owner.
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, P. O. Box 4748, Clearwater,
Florida 33518.
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(b) City of Largo
P. O. Box 296
Largo, Florida 33540
(c) Roy Gallinar, 728 Campbell Street, Clearwater, Florida 33516.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
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Countersigned:
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Approved as to form
and correctness:
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Witnesses:
CITY!OF",;CLE~RWATER' F~ORID'3iA __
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By: i),",-J~+I'ULLc-U.llU
City tanager
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Attest:
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City Clerk
CITY OF LARGO, FLORIDA
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City Manager
Attest:
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ST ATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY that on this r rJ:; day of ~
1983, before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin,
Lucille Williams and Kathleen F. Kelly, 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 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 Clearwater, Pinellas County,
Florida, the day and year last above written.
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ST A TE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 3rd day of AugLJS t
1983, before me personally appeared D. R. Barr. G. McClelland. K. H. Klinsport
and G.C. McGough , 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, Pinellas County, Florida,
the day and year last above written.
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Notary Putlic t/.,
My Commission Expires:
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5T A TE OF FLORIDA
COUNTY OF PINELLA5
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BEFORE ME personally appeared Roy Gallinar, to me well known and
known to me to be the individual described in and who executed the foregoing
Agreement and acknow ledged before me that he executed the same for the purposes
therein expressed.
~" .. .... .,W. ..,1, TN" E.55 my hand and official seal this
----.-~_AJ4'lt/ , 1983.
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Notary Public
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My Commission Expires:
Notary Public. Florida, State at Large
My CQplmission Expires September 24, 1984
Bortded t~ru Jedr:o Insurance Agency
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