SEWER - D.P.I. QUALITY PAINT COMPANY CORPORATION
77174368
O.R. 4620 PAGE 434
AGREEMENT
This Agreement, made and entered into this 6th day of
October, A.D., 1977 , by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
D. P. I. QUALITY PAINT CO. CORP., a Florida corporation,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
but within the Cay of Clearwater service area:
Lots 19, 20, 21 and 22, Hercules Industrial Park,
according the map or plat thereof as recorded in Plat
Book 53, page 57 of the Public Records of Pinellas
County, Florida,
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WHEREAS, the Owner desires to connect to the City sewer main and
is agreeable to signing an Agreement wLth the City for munLcipal sewer
services; and
WHEREAS, the City is agreeable to furnishing said servLces upon
certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree to provide sewer servLces, subject
to the terms of this Agreement, and to permit the Owner to connect to its
sanitary s ewer main at the Owner's expense, The City 511all 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 control
of the City,
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RETURN TO:
CITY CLERK
P. O. BOX 4743
CLEAII\;;,'ATI';:R; FLA, 33U8 'Cf'.:
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IJ. 1.4620 PAGE 435
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City 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, 1962;
(b) that at such time as it becomes possible for the City
to annex said, real property, this Agreement will constitute an application
to annex at that time, and the City will have the right, upon sixty (60)
days I written notice to the property owner, to initiate action to annex the
property to the City, Filing fees shall be waived by the City.
(c) The Owner agrees that the terms and provisi.ons of
this Agreement shall be binding upon its successors and assigns, and
the City shall record this document,
(d) The Owner agrees that the terms and provisions of
this Agreement shall be a commitment and obligation whi.ch shall not only
bind the pres ent owner of said descr ibed real property, but shall be a
covenant which shall run with the land and shall bind and be enforceable
against all subsequent owners of said described real property. whether or
not it is menti.oned in the Deed to said owner s.
(e) If the Owner or its successors, or a.ssigns. or any
subsequent owner, shall default in the performance of the terms and
provisions of this !\greement, and the City shall institute legal pr oceedings
to enforce the terms and provisions hereof, the Owner, its successors and
assigns, covenant and agree to pay all costs of such proceedings, including
the payment of a reas",nable attorney's fee in connection ther ewith.
3. This Agreement shall continue until cancelled or terminated by
either party giving sixty (60) days r notice (wr itten) to the other party of such
termination.
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I ~.~. 4620 PAGE 436
4. All notices to be furnished hereunder shall be furnished to the
City of Clearwater, to the City Manager, P. O. Box 4748, Clearwater,
Florida, 33518.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
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Witness as to Owner:
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CITY OF CLEARWATER, FLORIDA
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COUNTERSIGNED:
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./ Mayor-Commi onet~
OWNER:
D. P. 1. QUALITY PAINT CO. GORP. :
By ~<? ~-J'~y
President
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~t. Secretary
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I~. k. 4620 PAGE 437
ST A TE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this :tIJday of t1~
A. D. 19 71 ' 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 Ci.ty 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 a.s such
officers thereunto duly authorized; and that the official seal of sai.d municipal
corporation is duly affixed thereto, and the said agreement is the act and
deed of said corporation.
WITNESS my
of Pinellas and State
signature and official seal at Clearwater in, the County
of Florida, the day and year last abc.:>.~e':~ri:~tj:ip..
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Notary Public .
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My Commiss i.on Expires:
Notary Puhlic, SI~t" of 1"1',,-(',,- -t l
M '. - ,.' .." c arge
y (omm~S5lOn E;:pirc5 f,bch 19, 1981
SondAA Rl' Jr. "'Ii . _.. J Irv Ql. \..asualt.. C
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STATE OF FLORIDA
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COUNTY .oF PINELLAS
BEFORE ME, the undersigned authority, this day pe!sonally
appeared h((!. 4;,./~- -J;L. and d;p4(;~~ffd' dbj/Rg~:KA.I
to me well known and known to me to be the individuals d.escr ibed in and
wbo executed the foregoing l.nstrument as President ata.s~ecretary respectively
of the Corporation named in the foregoi.ng instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf
01 and in the name of said corporation as such officer s; 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 and affixed my
official seal this JA4.dayof /l1/6/1SI- , A. D. 19 77
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My Commiss.i8P FYnll:.es.'
NOT ARY PUBLIC 5T ATE mm[)lll. AT lARGr=
MY COMMISSION EXPIRES JAN.2 19S!J'
BONDED THW GENERAL INS, UNDERWRITER:S.: