SEWER SERVICE AGREEMENT
cocorporation, hereinafter referred to as "Largo"; and JIMMY and CAROL N. RITCHIE,
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O.R.6 G 3 9 PAGE 212q
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AGREEMENT
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\ THIS AGREEMENT, made and entered into this
{; n.,
day of O~
1987, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "Clearwater"; the CITY OF LARGO, FLORIDA, a municipal
WIT N E SSE T H:
The south 50' of Lots 5 and 6 together with all of Lots 18 and 19,
Block B 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, it is anticipated that Largo will eventually install sewers in the vicinity
of the Owner's property, and the Owner's need for the provision of sanitary sewer service
by Clearwater shall cease at that time; and
WHEREAS, Largo has no objection to Owner's connecting to the Clearwater
sanitary sewer system; and
WHEREAS, Clearwater is agreeable to furnishing said services upon the terms and
conditions set forth herein:
NOW, THEREFORE, the parties hereto hereby convenant and agree as follows:
1. Clearwater does hereby agree to provide sewer service to the Property and to
permit the Owner to connect to its sanitary sewer system at the Owner's expense, and the
Owner agrees to purchase such service from Clearwater, subject to the terms of this
agreement.
2. The Owner shall pay normal sewer connection charges and user charges to
Clearwater on the same basis that other sewer service users outside the municipal
boundaries are charged, as set out in the Code of Ordinances of Clearwater, as the same
may be amended from time to time.
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o.R.6 6 3 9 PAGE 2 12 5
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3. The Owner agrees to connect the Property to Largo's sanitary sewer system at
such time as Largo, in accordance with its Code of Ordinances, can provide sanitary sewer
service to the Property.
4. This Agreement may be recorded in the public records of Pinellas County,
Florida, and the terms and provisions of this Agreement shall be a commitment and
obligation which shall not only bind the present owner of the Property but shall be a
covenant which shall run with the land and shall bind and be enforceable against all
subsequent owners of the Property and their heirs, successors and assigns, whether or not
it is mentioned in the deed to said owners.
5. If the Owner should default in the performance of the terms and provisions of
this Agreement, and if either City institutes legal proceedings to enforce the terms and
provisions hereof, the Owner shall pay all costs of such proceedings, including the
payment of a reasonable attorney's fee in connection therewith. In the event of such
default, then either City shall have any and all remedies provided by law which shall be
construed as being cumulative in nature, including but not limited to the following:
(a) The right to immediately cease delivery of sewer service to the Property;
(b) The right to demand and require specific performance pursuant to the
terms of this Agreement; and
(c) The right to recover damages from the defaulting Owner.
6. 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, fire, strikes,
casualties, accidents, necessary maintenance work, breakdown or destruction of
machinery or pipe lines, civil or military authority, insurrections, riots, or any other cause
beyond the control of Clearwater.
7. This Agreement shall continue in effect until such time that the Property is
connected to the Largo sewer system.
8. All notices to be furnished hereunder shall be furnished to the parties at the
following addresses, or to such other address that any party may furnish to the other
parties:
(a) City of Clearwater, c/o City Manager, P.O.Box 4748, Clearwater,
Florida 34618.
(b) City of Largo, 225 First Avenue S.W., Largo, Florida 34640.
(c) Mr. and Mrs. Jimmy G. Ritchie, 12457 8lst Place North, Seminole, Florida
34642.
-2-
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a.R.6 6 3 9 PAGE 212 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Approved as to form and
correctness:
~e~
Countersigned:
Approved as to form and
correctness:
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Witnesses:
LyZ
As to Jimmy G~ie
~of~
CITY OF CLEARWATER, FLORIDA
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CITY OF LARGO, FLORII?~.c..'~.-.
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By , ~" (:. J ".,~
ity Manager~ > . -:,./;7, .,"- </,
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Attest:
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Ji itchie
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~ N. Ritchi
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COUNTY OF PINELLAS
O.R, G 63 9 PAGE 2 1 2 7
day of ;((J,C(d}t~.~.A/ 1987,
before me personally appeared Joseph R. HcFate, II, M.A. Galbraith, Jr., C)~thia
Goudeau, and Rita J. Garvey, respectively the Interi::l City ~lanager, 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 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.
I HEREBY CERTIfY, that on this
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WITNESS my signature and official seal of Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
My CommiN.)tir9Ih~f.~~i: nur,l.";
My Commission Expires july 21, 198,3
........... >>onded Thru Troy Fain: lnsurclR,e, Inc:.
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STATE OF FLORIDA )
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COUNTY OF P INEIJ.AS )
I HEREBY CERTIFY, that on this
before me personally appeared D. Russell
George 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 describeq 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.
4th day of November , 1987,
Barr, G.R. McClelland, Dorothy Pick, and
WITNESS my signature and official seal at Largo in the County of pI hell as
and State of Florida, the day and year last above written.
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
MH,commission Expires:
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BEFORE ME personally appeared Jimmy G. and Carol N. Ritchie to me well
known and known to me to be the individuals described in and who executed the
foregoing Agreement and acknowledged before me that they executed the same for the
purpose therein expressed.
h'IT1iESS my hand and official seal this
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t.s:J--- day of C'l ('~_\...
1987.
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Notary Public
My Commission Expires:
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