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SEWER SERVICE AGREEMENT (4) !rt I 85005633 I A G R E E MEN T o.i.5910 ;'^GE1524 THIS AGREEMENT, made and entered into this ~b-t::l..- day of -.NDV ~_lYl BLR - , A.D. 1984, 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 EDWIN J. BISHOP and SHARON L. BISHOP, etux, hereinafter referred to as "Owner"; WIT N E SSE T H : iI') . <il ~) ~;:.,~ :~ WHEREAS, the Owner owns the following ...') -:."l t- ~.t3"",rf) ~{<4 ,~~!;illustrated ..s ;>:-, en C'r.J ~-+.:>' ;:t;j ~,c~ ~~ :'~ .~ ~ ~{.. ~ .,~~ ~- lO<G ~~. ~ ril ~" ~ .~~. 4--1 ,_ .~~ ~ i:-~ ~ (~i it ::i :;22 avai lable to the Owner; and g.. ffi l) < . in Exhibit A attached hereto and made described property c...=. .,. h ,rz a part ereln: c::::c .~ " (..... e I~" - :~\ 1:.;;::- n' ~~l 1" 1 Lots 20, 21, 22, 23, 24 and 25, Block B of Belmont Subdivision as recorded in Plat Book 5, page 93, of the Public Records of pinellas County, Florida, c::::J I.JIll ~ lPO> -- ana co ,.n is located within the Largo Sanitary Sewer Service Area; WHEREAS, Largo does not presently have sanitary sewer servi WHEREAS, at this time, it is anticipated that Largo will install sewers in the vicinity of the Owner's property and therefore Clearwater's 'J) .-. ~bligation for service of sanitary sewer shall cease; and Cf) 00 .' ,'O'...~'<1""'; . il r..., .--: ~'" rr.. '~c' , , ~,,,! ,-- ~~, ,p.pon certain terms and condi tions; d; ,i':' fa< f-1 ",: :' (1.'1 H \l~' :::~ ~.o~ ~:; ~s follows: <( ri1 ,..:;. c WHEREAS, the parties are agreeable to furnish said services NOW, THEREFORE, the parties hereto hereby covenant and agree 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 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, insurrections, 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. ?, vC c.. , "') , " -,j' ~/ f!D!AjJ,~)U ._( /,1,' (-'/";'/;' /' iO.-' I.. ..(.". ~........ ,.Jt(:__ /1/0 /\7;:; -1- 1 -; C!-~S L 6 0 0 76 CaeL 13.6 6, -.j3d14,' B~ ~ ,~' - I,. \j' ". I I ..Q!J; 5910 r'^Gt1525 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~ ~ovenants and agrees to pay all costs of such proceedings, includ- ing 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 beconstrued 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, PO Box 4748, Clearwater, Florida 33518. -2- . . , I ... . I (b) City of Largo ,D.R. 5910 ;'M;E1526 (c) Mr. Edwin J. Bishop and Sharon L. Bishop, etux, 702 Harbor IsIand, Clearwater, Florida IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. By Ma Attest: Approved as to form and correctness: ,....... :i, 'i"\'~) ...w..o,v....-.__ I . 'f'A.. ~-'-~-, ~.~.~.,;r-.'" - Ci ty Clerk ~~~,w~~ ,:~Ci ty Attorney \ Countersigned: A~s~?:!~1 CITY OF LARGO, FLO~DA BY~~ City Manager 11 ~C/ ~~J. City Attorney Attest: 1 .d . ~ ~-"- w~ City Clerk, ' , Approved as to form and correctness: ./ j ~ ,I' ~1s: ..1L' " . '/.JtNU 4, " ( ~f/+- /" /r) / ." '''7 / J. J U J~,-./ i\~ Sharon L. Bishop -3-