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SEWER - CAMPBELL PAVING COMPANY INC - REF ORIGINAL AGREEMENT WITH DEE WOOD INDUSTRIES INC '" '~ ~ .... RECo,::WEO -J',HELi.AS CO. FLORIDA ~ ...............'u !...J.J. J.~ ClERK CIRCUIT COURT .,. . 0, 'l~aS~l1 .~ >:cc ;J- &--0 -- I 77107175 AGREEMENT Ja il 3 57 PH~77 .~. R.4570 fAGE1538 r ,,' ,_u_.._..~ ~32JZt) WHEREAS, the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City", entered into a sewer services contract entitled "Agreement" with Dee Wood Industries, Inc. , a New Jersey Corporation, d/b/a Coastal Lumber Go. t which Agreement, or a copy thereof, is attached, marked Exhibit A, and by reference made a part hereof, on June 7, 1973 , for the following described real property located outside the municipal limits of the City of Clearwater, which property is pres ently owned by Campbell Paving Company, Inc., a Florida corporation, hereinafter referred to as "Owner": Ten acres on the Western side of Sunshine Drive at the intersection of Logan Street. See attached Exhibit "A". WHEREAS, the sewer services agreement provided for an annual charge for said services, which charge was equivalent to the tax revenue the City would receive from real property taxes were the serviced property located within the City, and WHEREAS, the contract provided that the annual charge would begin two (2) years after the signing of the contract and would be terminated when the property was annexed into the City, and ~'~ . ~ ~ propert:::dR::~ ~O:Seti:::: :il::st::r:::::e:::::~ burden of collecting such annual charges from non-municipal property and the property owners WHEREAS, it was the intention of both parties to the Agreement to WHEREAS, it is now apparent that said property cannot be annexed into the City, and the annual charge will continue to be assessed against the ~ ~ wish to be released from their burden of having such annual charges assessed against said property; and WHEREAS, the City Commission of the City of Clearwater has, by January 20, 1977 , authorized the execution of this motion dated -1- ~,/)"'; l_I..-,') / ... , . ". I I ,D. R.4570 PAGEl5J9 Agreement and Release, which release, or a copy thereof, is attached, marked Exhibit B, and by reference made a part hereof; NOW, THEREFORE, the parties hereto hereby cov,enant and agree as follows: 1. The City does hereby agree, subject to the terms of this agreement, to continue to provide the owner with sewer services heretofore provided. The City shall not be liable for any damage resulting from an unavoidable cessation of treatment caused by acts of God, necessary maintenance work, or any' caus e beyond the control of the City. 2. The City does hereby agree to execute a releas e reflecting that the City will no longer impose an annual charge for sewer services on the real property of the owner. Said release, attached and marked Exhibit B, shall be executed following payment of the annual charges assessed on the real property for the year ending 1975. 3. In consideration of the covenants contained in paragraphs numbered land 2, immediately above, on the part of the City, the Owner agrees: (a) To continue to pay the monthly sewer service charges to the City on the same basis as persons living outside the municipal boundaries are charged, and as is provided by City Ordinance, as long as such real property remains outside the municipal boundaries of the City of Clearwater. (b) The Owner agrees that this Agreement shall be binding upon his heirs, administrators and assigns, and that the City may record this document if it so desires. (c) The Owner agrees that in the event that the property which is the subject of this agreement becomes eligible for annexation, the Owner shall petition the City for annexation into the limits of the City and as a matter of fact, this Agreement may be considered a written request to annex. -2- :.. I I ,D. R.4570 fAGEl540 IN WITNESS WHEREOF, the p3. rties hereto have agreement to be executed this ! I~ay of caused this h A. D. 1977--. ~~~ Mayor-Commissio , ' By Countersigned: Signed, sealed and delivered in the presence of: ~/~~ ~,/~~c~ I CAMPBELL PAVING COMP~Y ': .INC. , a Florida corporation ,,' '1 /' As to City STATE OF FLORIDA COUNTY OF PINELLAS *Anthony L. Shoemaker I HEREBY CERTIFY, that on this II d day of ,~ A.D. 197~, before me personally appeared ~,*Thomas A. Bustin, R. G. Whitehead and Gabriel Cazares, 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 officers 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 agreement is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. My Co~J~~lU"'l"es: Notary Pub!;c, '''", ~9 1971 .' E-p re' Sa?'. . My CoJr'ml<~,.,n .,' - I Co . 8. C,nuo ty . Bonded by American Fife I(~C Notary ublic ~~,,-, -, - 3- .., " t " .... I I STATE OF FLORIDA ~. t 4570 PAGE1541 COUNTY OF PINELLAS: BEFORE ME, the undersigned authority, this day personally appeared W. M. Campbell and W. J. Prowse to me well knowri and known to me to be the individuals described in and who executed the foregoing instrument as President and Secretary respectively, of the Corporation named in the foregoing instrument, and they severally acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said instrument is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; that they are duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corporation. IN WITNESS WHEREOF I have hereunto set my hand andaffb::ed::my official seal this 29th day of June , A. D., 19.77 '. '~ ~ ~~i1~ Notary PUbliV' t7 "I;, My Commission Expires: Notary PuQk. S~a'" of Florida at lorge My Commissi"n Expires Oct. 19, 1977 Bo"d..d b. Amer.can Fjre & Cosualty C\I. -4- :~, . . / :1... '. I 73124032 ., G. R.4076 rAGE 180 AGREEMENT THIS AGREEMENT, made and entered into this 7th day of June , 19 73 , by and between the CITY OF CLEARWATER, FLORIDA, a m.unicipal corporation, he reinafte r refe rred to as "City", and DEE WOOD INDUSTRIES, INC., a New Jersey Corporation, d/b/a Coastal Lumber Company, he reinafte r referred to as "Owner II; WITNESSETH WHEREAS, the Owner nOW owns the following described real commercial structure property and intends to construct a ~lltK thereon: Ten acres on the Western sid~ of Sunshine Drive at the intersection of Logan Street. See attached Exhibit lIA". ~ o " r- - III lIE ;:D "' ,... ~ '~:lll c: o;c _ . 0 -I _ '"'T,f.fl"l n ,,0-0 00 c: :! ::lD '0 -1 .. I ..... .. l1 ..... :E -3 ....., WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an agreement with the City for municipal sewer services; and WHEREAS, the City 1S agreeable to furnishing said services upon certain conditions and consideratioIls; NOW, THEREFORE, the parties hereto hereby covenant and agree as follows: 1. The City does hereby agree, subject to the terms of this agreement, to permit the Owner to connect to its sanita~7 sewer main at the Owner's expense. The City does agree that such connection for the treatment of sewage will at all times be continuous, however, the City shall not be liable for any damage resulting from any unavoidable cessation of treatment caused by act of God, necessary maintenance work, or any cause beyond the cO:ltrol of the City. 2. In consideration of the covenants contained in Paragraph 1 immediately above On the part of the City, the Owner agrees: RETURN TO: CITY CLFRK P. O. ~CX 4748 CLEARWA TEll, FLA. 33518 This instrument wa;.; pH~!nred by: HERBERT 1v1. BROWN, City Attorney City of Clearwater, P. O. Box 4748 ~learwater, Florida 33518 - 1- ('~: :, ,r' /' / ( ! . , . If . , normal sewer 181 , '" o. R.4076 PAGE connection charge and monthly sewer , (a) To pay the service charges to the City on the same basis as persons living outside the municipal boundaries are charged. (b) The parties hereto do further covenant that within two (2) years from the date that said Owner connects to the City sewer main, he shall r// petition the City for annexation into the limits of said City and as a matter of ~ fact, this agreement may be considered a written request to annex at the expiration of said two (2) year periodo (c) If at the expiration of a two (2) year period from the date of con- nection to the City sewer system the above described real property cannot be legally annexed into the City, then the Owner shall pay an annual charge to the City based upon the tax revenue that the City would receive from real property taxes if the property as hereinabove described was in the City, and therefore subject to a real property tax by the said City in addition to the monthly sewer service charges. Payments shall be made on January 1st of each year following the expiration of said two (2) year period. In the event of annexation as herein- above provided, the foregoing annual charge shall not be in effect. (d) The Owner agrees that this agreement shall be binding upon his heirs, administrators and assigns and that the City may record this docwnent I if it 'so desires. (e) 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 real property, but shall run with the land and shall bind and be enforceable against all subsequent owners of said described real property whether or not mentioned in the deeds to said owners. (f) 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 the City shall institute legal proceedings to enforce the terms and provis ions hereof, the Owner, his succes sors and ass igns, covenant and agree to pay all costs of such proceedings, including the payme nt of a reasonable attorney rs fee in connection therewith. -2- - I I .... .' , D. R.4076 PAGE 182 IN WITNESS Vv'HEREOF, the: p<il'Lits hereto ba.ve caused this agreemenl to be executed the day and year Ii rs t above written. CITY OF CLEARWATER, FLORIDA By . . ln DEE WOOD INDUSTRIES, INC. d/~la COASTAL LUMBER COMPANY (SEAL) Z;:~h :. to Ow er/ .f,- ~. By /~ Theodore Johnson, :"':",, '" , '. ':c': , ,,-/;($~A b~ ' . f .......,,,:.J, \:~..\ -* " \".:>,_,"~:/ ') Pres i den t:".~ ,':'~' --: "" \~ ~-;~ ~. ,; ;.........,. ".....,j - '~, p, I \s \o2(',~ ~ j;) "",,'J" ",". 1;l..V' "J'- ",". <';: -:~\.;~ c","QIij;>,,::;..."< :,....'."._~::~~ <:,~" .,' ?:1"3,'~ \,;,~," . J'l.\ 1\ t\'I\\ ~ <-- WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. ~~c Notary ubhc ~... ,~ ./' - ".' ,,>- 'J..~- ,'~ - -_ 1iI:1" ~ fJ'l~ 0 f.... '''1 '-1); ,~, . I", 'r :: " !7. '01,..") ':'.J.. ! ~~ : O/il_' ~ : ~ ,~,,':. uJ : -( J I:..jU'l ",(,r", ;;. ~". ....1 -' / :-1 ~... ' ~l...>-'_,,~ V/~_ " . "c:.' ori . ~ l)' ". ~ 0 ~} ~ ", ~. , (l ~ 1" _ ",. \. " jI",,~ .:J -....,~.. ~"l ,,,-,> "1, l'.!A '.- \- :... \\" , I , I , , I . . :. \ I \ \ ~ \ \ ... My Commission Expires: RQi~~~~fFi~r;d~-~t'-~rae ~:.y Commi;"ion Expires Sept. 29, 1973 Bonded By, American fire & Casu~lly Co,. -3- ~, . ,> # \ ., I I G. R.4076 PAGE 183 STATE OF F'LORIDA COUNTY QF PINELLAS Before me the undersigned authority, this day personally appeared Theodore Johnson to Dle we111r:no".vn ane l<no'\:m to rne to he the ir.dividual cies crir,)ea In ana. ',^"nO executed the ioregol:ng lns c!:"urnen1: a.s \' lee ~ref; loen1 of the Corpor2.tion named in the foregoing i~~tr'Lrnen.~, 2.~d he ac:k~ov:;ledged to and before me that he execut;.;d said instrur:'lcn.t on behalf 01 and ill. the ". _., _' . ~ . "'!". - . -. _ ~ - -r - . - . . ~.&.~"''''.J.._ \J.L uu....,,:,.. ~~l~~O..L.(...I,.....;LV.,l..l. c...t.o.J L.I'-'t.............. .....,.......1.........'--"....; ....l....u...... ...1.1\.; u......(..l..&.. '-kJ.....L.r..'O"......'-'l. L.V oJ(...I,...&.'-A. illstrurnent is the corporate seal of said corporation and tbat it was affixed thereto by due and regular corporate authority; that he is duly authorized by said corporation to execute said instrument ::.nd that said instrument is the free act and dE;ed of said corporation. IN WITNESS WHEREOF, I have hereunto my official seal this fjd- day of Q~ 'i:.- t/ set my hand and affixed , A. D. 1 973. \\\\\llIili:: ,,\\\\~,;. ,3fJ.1J*", ,,~ .. _,0"". ril,,:>, .,' \~ 'i'!~!~~2'u..~~ < \00 ~, ~e:: -. ~ ~ .... ~,,~, ' ~" o \.. ,-~;~E ~: .;i- ':,.. ~o.J , . ... ~. - ...... tJI! ?.... ,;"'", ...... _,/' "';:.., , ::- ~V'i,'", ~:';"" ," . ,_ w""',:. (;',":,'\~:;' !~ V' "";~~t~:YJ.""'\: My Com,miss ion Expires: NOTARY PUBLIC, STATt of FLORIDA at I..ARGE MY cor:::":~;Cc~ON E:.;pm::S JAN. 28, 1976 BONDED THRU GEr~ERAL INSURANCE UNDFI1WRITERS i-e' ~ , . , " _., \_~ _.~~ c' .\ il.' RIll, 0';1f ~.ooo IWUST~I~S, INC. 1~37 Seuth Belcher Pe~d Claa~'ar. FI~ld. ~ '.:'. SCALE, "'='100' --------- f D. R. 40.2.6, PAGE. 1~4 .---., ,.-\ I 5FCT lOllS I .nd I' - T :n 5 - R 15 ~: P r.EP AP.ED CY I N. J. I'O/(~ll 7C3 $e. F.rt Itarrl-.. A~. Claorw.ter. FI~ld. Jonullry 22. 1973 IR. 589021''19''E 5 21. 54 . ~ \ , l'J~ ii Ipc 33' \ 33' I 16 '~ O' o '" ~ 10 · l~ I- I ..1-- ::'!C_'!.!...O~ !. -_2~15__ ~.(CTi,Jrr.1 12'"' 2.9... I~ l L- I I " l~ 16 N I" I I I I '" cr ::> .u ~ "7 8,l7& ~C"[S /. ", ,,' i 'I I(f) '< IZ o I::> ,~ I (f) ~+ V':l I ; I .~ Irz 'w " :~ ,., .. ;" 15 . I 7lo! ACRES!.. , " - .- 5~ ___ tv'2 93" ~___ ,120,- 'c. ~,' JG',?" S 4. ,_______ ~JI. . l..., n-- '1', R.- -. lE~~l DESCRIPTION: That part ., the South 19';.0 ,...t of tlla 5':: II~ e' th1l Si: 1/4 of Soctlon I - T 29 S - R 15 E. lying r.Gt al Ihe .xlatl~ r.'Ir..d .pur r1gllt""-r: LESS tl>e Eut }}.O ,..1 ther_f '.r r'o!;:...,....ror ., Sur~hl~ Orl~: AID 1\IG€TllER TilTH: ,hat p.,.t ., the r~'; 1/4 ., It>e II!': 114 ., ~.etl.n 12 - T 29 S - " 15 E. l, Ing ~rth Of tho 5. A.l. ~.llr..'d rlght-of__<f1';; .nd Lyl~ E.sterly end Soulherly of Ihe E~lstlnr, r.ll~d ~pur rlghl-D!~ '""'fl lESS tt>e E.sl 33.0 h.' ther....' '''r rloht-.'.......y ...r Sunahl... Or-I,-." S. tr..t .11 .1 ._ cl<t=r1b9<l i.nd ~14 c~lu 10.CO .erlU. .~~ ,... ....___~_.__ _. 0_ ..__._.-r_.__-_-_,' 0'.-'" EXHIBIT nAn ,. I I .0. R. 4570 PAGE1550 RELEASE WHEREAS, on or about the 7th day of June 19~, the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as II City" , entered into a sewer services contract entitled "Agreement" with Dee Wood Industries, Inc., d/b/a Coastal LUITlber Co. , a New Jersey Corporation, for the following described real property located outside the municipal limits of the City, which property is presently owned by Campbell Paving Company, Inc., a Florida corporation, hereinafter referred to as "Owner", and described as follows: Ten acres on the Western side of Sunshine Drive at the intersection of Logan Street. See attached Exhi bit "A". and WHEREAS, the sewer services agreement provided for an annual charge for said services, which charge was equivalent to the tax revenue the City would receive from real property taxes were the serviced property located within the City; and WHEREAS, the City wishes to be relieved of its burden of colLecting such annual charges from the property located outside the municipal limits, and the property owners wish to be released from their burden of having such annual charges assessed against said property; NOW, THEREFORE, in consideration of the foregoing the City does hereby acknowledge the execution by the Owner of a new agreement for sewer service s, and, in consideration thereof, the City does hereby remis e, release, and forever discharge the Owner of the property from further obligation under the agreement dated June 7, 1973 IN WITNESS WHEREOF, the City of Clearwater, Florida, bas caused this Release to be executed this //~/day . Of/I 19 77 -l- 0,/ ,,/"'Ie"! i """C' // '7 ",,--, " , if! \ '., ;.< I CITY I Counter signed: .-&-~~ MayOr-Commissioner ' ", ' By / Signed, sealed and delivered in the pre sence of: L-l/ ;:;~~ ( ~ /.n. , :?n~~ STATE OF FLORIDA COUNTY OF PINELLAS: I HEREBY CERTIFY that on this 1/-r/. day of ~ A. D., 19 '1'1 , before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, R. G.Whitehead, and Gabriel Cazares, 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 officers described in and who executed the foregoing Release 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 Release is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater, in the County and State last aforesaid, the day and year last above written. My Commission Expires: J<~ c- i1&hJ c Notary blic , ::c. '; NOfCi,yPuh1ic, Stale of Florida af tOl"ge My CommissIon Expires UP', n. 1911 Bonded by American Fire & Ca~ualty Co. ./ . :;/ / -2- . . .. . ~ . ~ r.~ . - I'~"~FO": rr.lF 7.(l()O I N) UST:t 1''' , I He. I~J7 s.utll e.lcn.r ....d Cl..~'.r. FI~l6a ~ ~,~\ SCALE. 1-'-100' ." ~ - ~~~~ ~1.:'P., I a"d I' - T ~ S - R I~ ~: ..r-t... ---~ '. j. R. 4570 PAGft5:>~ ..---. 1'r:EP Al'!EI) rrt I ". J. 1'Q.~tI 7CJ s.. F.r' Iiarrl_ II..... CI.arwater, FI.rld. Jonu~ry 22. 1973 l.~ ~ t e.o ... 3)' )) \ 16 . ! IR. S.8go2I'4<JME 521.54' ~ \ . 0 .. ~ ,... .~ ~ .. . ~ g ...' I .~(C""".t"~f': ~' ~" 1...::lF r.~ S E ..,.... \J~ ~h," 1 . Z~ . I~ .,- -- '~. lC'3~~: ~ ';,l~--- r- I I I '''0' ~!C.~O'!...!.-..!1.:...", ~.CCTI;:''' 12' Z' - " R " t. .' . Pi ! c.:..a"'&CR ,~ 1..,. r, .. 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S. 1M' .1' .f ._ cMscrlbe4 lan<ll _Id ::....,...1.. lo.roO .~r.a. ..... ___ __._~--f' ."-. ." I . EXHIBIT nA"