WATER SERVICE AGREEMENT - TEMPORARY
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TEMPORARY WATER SERVICE AGREEMENT
IT IS HEREBY AGREED as of this 2,r"'" day of ~ l.-~~t-. , 1988,
by and between COUNTRYSIDE CHRISTIAN CENTER, INQ., a I~lorida nonprofit
corporation, and the CITY OF CLEAR WA TER, a Florida municipality, as follows:
1. The CITY OF CLEAR WATER will provide temporary sanitary sewer
services to that certain property owned by COUNTRYSIDE CHRISTIAN CENTER,
INC., located adjacent to McMullen-Booth Road in the unincorporated area of Pinellas
County, a legal description of which is attached hereto as Exhibit A. The term of this
agreement shall be during the pendency of the litigation as described in paragraph 2
below. COUNTRYSIDE CHRISTIAN CENTER, INC., shall pay the fees and charges for
sewer service at the normal and usual rates charged by the CITY OF CLEAR WATER
to its sewer customers similarly situated, and shall otherwise comply with the
applicable rules and regulations of the CITY OF CLEAR WATER for sewer service
generally.
2. This agreement shall in no way prejudice either party's position in the case
that is presently pending before the Pinellas County Circuit Court and styled
COUNTR YSIDE CHRISTIAN CENTER, INC., Plaintiff, vs. CITY OF CLEAR WATER,
Defendant (Pinellas County Circuit Civil Case No. 88-5358-7), wherein
COUNTR YSIDE CHRISTIAN CENTER, INC., is seeking a declaration of its rights with
respect to the policy of the CITY OF CLEAR WA TER regarding the provision of
sanitary sewer services outside the corporate limi ts of the CITY OF CLEAR WATER.
This litigation shall be considered pending so long as it is pending before any court
whether trial or appellate. This agreement shall not be admissible in any proceedings,
judicial or administrative, nor shall this agreement be recorded in the public records of
Pinellas County, Florida. In the event that the CITY OF CLEAR WATER is not
ultimately the prevailing party in this litigation, the sewer service provided by the
CITY OF CLEARWATER to COUNTRYSIDE CHRISTIAN CENTER, INC., shall
continue indefinitely, subject to termination only for good and sufficient cause in the
same manner and for the same kind of good cause that would be sufficient to
terminate sewer service to any other sewer service customer of the CITY OF
CLEAR WATER. If the CITY OF CLEAR WATER is the prevailing party in the subject
litigation, then COUNTRYSIDE CHRISTIAN CENTER, INC., shall immediately file a
Petition for Annexation with the CITY OF CLEAR WATER, and comply with such
requirements as are reasonably and customarily imposed upon properties similarly
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situated as conditions for annexation, or disconnect or permit the CITY OF
CLEAR WATER to disconnect the subject property from the sanitary sewer system of
the CITY OF CLEAR WATER.
Approved as to form
and correctness:
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City Attorn y
]kAtte~t. ~
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~cretary!;
CITY OF CLEARWATER, FLORIDA
BY:~~ 6l~
Ci ty ~1anager
Attest:
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COUNTR YSIDE CI~R!S:r~AWyErTE'R, INC.
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LEGAL DESCRIPTION
That part of the Southwest 1/4 of Section 4, Township 29 South, Range
16East, Pine lIas County, Florida, described as follows:
Begin at the Southwest corner of the Northwest 1/4 of the
Southwest 1/4 of said Section 4 for a point of beginning and run thence
N45014135"E 1219.16 feet; thence S89047'06"E 437.22 feet to a point
on the west right-of-way of McMullen Booth Road (State Road 593):
Thence along said west right-of-way SOo12'54"%7 326.41 feet; thence
N89047'06"W 17.00 feet; thence continue SOo12'54"W 828.75 feet along
said west right-of-way of McMullen Booth Road (State Road 593); thence
N89027125"W 492.43 feet to the east boundary of SaIl's Lake Park 3rd
Addition, as recorded in Plat Book 71, Page 21, of the Public Records
of Pinellas County, Florida; thence N5045'45"E 236.01 feet along said
East boundary of said SallIs Lake Park 3rd addition; thence N89023'30"W
813.22 feet along the north boundary of said SaIl's Lake Park 3rd addition
to the west boundary of said section 4; thence NOo19'19"E 50.20 feet
along the west boundary of section 4 to the point of beginning, less
roadway rights-of-way of public record.
EXHIBIT A