SEWER SERVICE AGREEMENT (2)
l:'~ ".
...
~ .
11
Ri: '-. ,';1'.. J i;:
!clclO
;(~~~ 0
,\ (; ;:~'f
I "
I
. .
89229864
t/J
I
OR 7 081 PG 2200
AGREEMENT
,'i ;'
Il"Jl' "..~_..,___
f(l fl~L
J3:,,!S~, THIS AGREEMENT, made and entered into this iJ J.
1989 , by and between the CITY OF CLEARWATER, FLORIDA, a
day of ~.
municipal corporation,
hereinafter referred to as "Clearwater"; the CITY OF LARGO, FLORIDA, a
municipal corporation, hereinafter referred to as "Largo";. and JOHN WILSON,
hereinafter referred to as "Owner";
WIT N E SSE T H
WHEREAS, the Owner owns-the"following described property (hereinafter
referred to as the "Property") illustrated in Exhibit A attached hereto and
r0;r:~
:"'.00 ~~
r:
j
co
mad~
co "'1'
"'l'"'
",co
"'l'"(O
"'~><~:r
oa:.oM
I-wro
:2 --l
a:.<:.:>ur;:
=> (,:
I-- ~ l: c:c-
~ - eLl l,!,J
...... <:.:> ': I-
~, <(
(;" 3:"
Ca:
c...;Ij
--l
<:.:>
co
"""
l-
~
101
o
~
p..
..c
"1:.1
ill
~ .
~ ~
p.-.
e ~ ~o
~.~ e,~
tl.S :,7 C- r-
~~+:r"3
.... r.;'"'-, "';".;~
,,= c', ,;; ,,:
, . .f' t: ~
<"" ,,~ ',~ d
E': ~ ~ ~
'\ii::; u~
.S 't .s
>.u
....
.....
o
which
~
part. herein which is described as follows:
(")
I
m
5;"'"0
~g
>~
~c>(")::o
m -m
?='=H~-1
a- c:
." rn a ::0
I rZ
rom-l
0::00
~ X ^ '.,
(J) ~
-'- -...
Q:) ~
J:".o::>>
-oJ
~
0::>>
A parcel of land lying in the Northeast 1/4 of the
Northeast 1/4 of Section 28, Township 29 South, Range 15
East,Pinellas County, Florida. Commence at the Northeast
corner of Section 28, Township 29 South, Range l5 East,
Pinellas County, Florida. Thence North 890 l5' 09" West a
distance,of 33~0 feet, thence South 000 19' 55" West a
distance of 586.77 feet to the Point of Beginning, said
point being located on the West boundary line of Myrtle
Avenue; thence continue South 000 19' 55" West, along said
boundary line a distance of 278.76 feet, to a point on the
Northeasterly boundary of Clearwater-Largo Road (U.S.
Alternate 19) thence by a curve concave to the Southwest
said curve having a radius of 1107.38 feet, Delta of 100
32' 46", chord bearing of North 2r l6' 27" West, chord
length of 203.54 feet, thence along said Northeasterly
boundary and the arc of said curve a distance of 203.83
feet, thence North 320 32' 50" West, a distance of ll8.36
feet, thence South 890 15' 09" East, a distance of 158.50
feet to the Point of Beginning.
i-3
::r
....
rn
D.
n.:;t
.....
~ 0,
~ ....,
'"'* (j
~ .....
~ ~ n
(ti ~ fM.
'"'* .., .-
>.II ~ '-<
~
"'!'j....>-
t'-l ~ ....
~ ....
"':!g
eN,' ==
;:; q.~
~t;j
. 0
~~
>1'-",-
co -1
....
co
S'
~ ;!l.
~ 2
>- s
o ~
~ ....
...-
~ ~
S. f;1
....
i:i'''r;!
~ >j
...... ~
.., "d
. po
..,
~
~
I:l'"
'<
Containing 20983.61 square feet or 0.4817 acres more or
less.
is located within the Largo Sanitary Sewer Service Area; and
WHEREAS, Largo does not presently have sanitary sewer service available
to the Owner; and
the vicinity of the Owner's property, and the Owner's need for the provision of
WHEREAS, it is anticipated that Largo will eventually install sewers in
sanitary service by Clearwater shall cease at that time; and
WHEREAS, Largo has no objection to Owner's connecting to the Clearwater
co
~"..()
(,I')
Pl
"'"0
,'.d',
~,r- ~~
I"~:r.>
-.-7:1 :?J
"--;:Ji": j-'
;:~;~:
sanitary sewer system; and
n/l"
,..>'"
U1
:P:>
-
->-
C)
o
CD
&/9/J7'1
- 1 -
~ t ,.) 't" /,:,(,<'1
O -'
I~.-"(' "_:(.(' ( /' /
{
I.
/ " \
0"':" .'
" i
VV \ ~,
'1 r,. . l
rl
I
OR 7 0 81 PG 2 2 0 ,
WHEREAS, Clearwater is agreeable to furnishing said services upon the
terms and conditions set forth herein:
iW~', THEREFORE, the parties hereto hereby covenant 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 u~er
charges~o 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.
3. The Owner agrees to connect the Property to Largo's sanitary sewer
s~stem at such time as Largo, in accordance with its Code of Ordinances, can
provide sanitary sewer service to the property.
4. This Agreement shall 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
- 2 -
'.
I
I
OR 7 0 8 7 PG 2 2 0 2
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, necesary maintenance work,
breakdown or destruction of machinery or pipelines, 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 SW
Largo, Florida 34640
(c) Mr. John Wilson
1653 Clearwater-Largo Road
Clearwater, Florida 34616
- 3 -
,0,
I
I
OR 70 8 7 PG 2 2 0 3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
Approved as
tness:
~~
( 1 1, <.'1 ,i '1-/\ k
r+.::::/ C,^"J r~ -J- u~.
CITY OF CLEARWATER, FLORIDA
By ~Ra~: -t?~y
Nanager
'l,
Attest:
,
"
'.
'k-~J
Goud~u.",
, ~,-"
/1 ;:-:<.i-;; )';':;"
i, "~"J.1 cQ~;J';\.. I" .
'I I., ~ !o ':i .;, ~..;
I ,/ ; i'"
! , l, 4: ;/, i r:1
'Ie ..
CITY OF LARGO, FLORIDA
By d!f:';;a~lf::;Joe!:-
~
Atte . :
- ,
/ -
" .'
City C . rk' .'
)
"ttM. J(ffl!+U~
Hr. Joil Wilson
_ If- _
\'
I
I
OR 7 0 8 7 PG 2 2 0 4
STATE OF RLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this ~~day of ~ 1989,
before me personally appeared Ron H. Rabun~ M.A. Galbrait Jr., Cynthia Goudeau,
and Rita J. Garvey, respectively the 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 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 of Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
,. p ",. _~. " I ;,..
~,~,:,,:-,," .
My Com~sl~g~;,F:'ff2c~f,~~ :'_''! ;:i<;1~
li~Y (ommL::-,~: ~(?;S'3
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this
before me personally appeared
7JJ
/0 - day of
7J(ao
, 1939,
respectively City Hanager, City Attorney, City Clerk and Hayor-Commissionerof 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
and State of Florida, the day and year last above written.
My Commission Expir€s:
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
BEFORE HE personally appeared John \-lilson to me ..Tell known and known to me
to be the individual described in and who executed the foregoing Agreement and
acknowledged before me that they executed the same for the purpose therein
expressed.
1989.
WITNESS my hand and official seal this II
My Cownission ixpires:
!\~~.~alir' ~u't)ttl Statt ~ ~ ~ ,Jr(~,~
,~_y Cc Tmi5s~on ~xr<P"~'~ ~)':i';!- ? -;, '; 9"~~~_',
!',Qn'k,j ",Wi J,..", '~~'< '", "-"!,'''-&:;::;:c;7----~--~---
- 5 -
141,,11211, '", oJ 1:1 1 IS
o A tt- ~~ 1-'14 V F N ~ ~ LB.
'-.9:~ ._._l... -..J
S:..L..LE.:.IR ,,0, ~,E '/4 ,t.C "N :j4 SEen
------ -'--
N.E.l/4 SEC,28 N,W.1/4 SEC, 27
8 O.
9 z ~ g
10 ::l",~ ~L
II -321
12 II: I
13 <0
14 ,II'>
15 <
16 <IJ
17
18
CAMPBELL
14
15
16
17
18 San, All'
19 6639-21
20
'_.__." l
"
.
I
.' ,____~..EXH !.!U T_ ~"
ER
j{,5U
I -"_
V - (
I
OR 7 087 PG 2 2 0 5
J 2 r,
\BtL-MbNT Q~~22
'26 l (j, ~~~<X)2"
BEL!...EAIR
3
w
>
<(
5
7
9
II
13
19
21
c::r 2 3
" 25
,g:1
W LL:.
>
<(
26
27
28
29
30
31
SENECA
27
28
29
30
31
32
3
34
35
36
37
14 15
I I I I II I 1 I
987654321
2
ST.
I
2
698765432
I 23.1i
>-
W
-..l
-..l
f-
22222221 I I I I I
65432109876541
3
WYATT ST.
33
34 W
35 I I I I I >
36 543 2 I <(
37
<( 38
I 39
0) 40
41 333222222222211 I I
en 42. 21098765432109876
43
:::i 44
PATTERSON ST,
39
40
I I I I I I
42 876543
43 z
44 z
w
TO:
FROM:
COPIES:
SUBJECT:
DATE:
40
I
-
6(.1-a-f'- i-I ~
CITY OF CLEARWATER
Interdepartment Correspondence Sheet
M.A. Galbraith, City Attorney cJ-
Cecil M. Henderson, Jr., Assistant Director of Public,
Works/Engineering ,
William J. Shepard
Tri-Party Interim Sanitary Sewer Service Agreement
With the City of Clearwater and Mr. John Wilson
May 19, 1989
Please place the attached Tri-Party Agreement on the June l,
1989 Commission meeting. The applicant Mr. John Wilson owns
a restaurant on this property and is being cited by the Board
of Health because of an inadequate septic tank system.
This property is within the City of Largo's sanitary sewer
service area but they do not have lines available for this
property to connect to. The City of Clearwater has a line
within 160' of the property and the applicant is prepared to
extend the line once this agreement and proper County permits
are approved. The City of Largo Commission approved the
agreement last week.
Once the City Commission has approved this agreement and
after the City Clerk has attested to the City's signing,
please return two (2) executed copies to Engineering for
forwarding to the City of Largo and the applicant.
CMH/WJS/ae
Attachments
Rr:0~"'r-,n
'"'-... '.J '. _. ( ~/ {~.
f" ,", .
, . ..'-.:~ , \41 ,,- _I ~'J ...
".' I " bo~
Cin.' :-,;" ,,:,!N:.y