WATER ONLY - DONALD L. MERS AND JOYCE E. MERS
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O.R. ~813 PAGE 490
AGREEMENT
WATER ONLY
made and entered into this
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~ A. D., 19~, by and between the CITY
OF CLEARWATER, FLORIDA~ a municipal corporation, hereinafter
referred to as "City"~ and
DONALIJ L. MERSandJOYGEE. MERS-,his wife,'
hereinafter referred t.;> 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 City of Clearwater service area:
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LOT 45, LAKEVIEW VISTA SUBDIVISION, 1st
ADDITION REPLA T, according to the map or
plat thereof as recorded in Plat Book 41, page 14,
of the Public Records of Pinellas County, Florida.
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WHEREAS, the Owner desires to connect to the City sewer and/or
water main and is agreeable to signing an Agreement with the City for
municipal sewer and/or water services; and
WHEREAS~ the City is agreeable to furnishing said services 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 and/or water
services, subject to the terms of this Agreement, and to permit the Owner
to connect to its sanitary sewer and/or water main at the Owner's expense.
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O,R, ~ 813 PAGE 4 91
The City shall not be liable for any damage resulting from any unavoidable
cessation of service
caused by Act of God, necessary maintenance work,
or any cause beyond the control of the City.
2. In consideration of the covenants contained in Paragraph 1, im-
mediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer and/or w~ter connection charges and
monthly sewer service and/or water charges to the City on the same basis
as sewer service andlor water 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
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U; annex at that time, and the City will have the right, upon sixty (60) days'
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,. I:t\ ~ ~ written notice to the property ,owner, to initiate action to annex the property
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~ c3 ~ ~ to the City, Applicable fees for annexation request shall be due and pay.
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and the City, in recognition of the eventual incorporation of the property with.
(c) The Owner agrees that it is to the mutual benefit of the Owner
in the City, to have site and building plans reviewed and accepted by the City
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in advance of obtaining any requisite permit from Pinellas County. Acceptance
of such plans shall precede the execution ,of t~s Agreement by the City.
(d) All property proposed to be subdivided or otherwise differenti.
ated from the original parcel described in this Agreement shall be treated as
a single parcel for the purposes of the subsequent annexation procedure,
individual ownership notwithstanding.
(e) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the City
shall record this docurn.ent.
(f) 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 be a covenant
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I
O,R. ~ 813 PAGE ~ 9 2
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 mentioned in the Deed to said owners.
(g) If the Owner or its 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 provisions hereof, the Owner, its successors and
assigns, covenant and agree to pay all costs of such proceedings including
the payment of a reasonable attorney's fee in connection therewith.
3. 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.
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.0 IN WITNESS WHEREOF, the parties hereto have caused this
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~~~~, CLEARWATER,
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Attest:
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OWNER:
Witnesses as to Owner:
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O.R. ~ 813 PAGE ~ 8 3
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknow-
ledgements, personally appeared
DONALDL;MERSarid JOYCE'E.
MERS, his wife,
, to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and State last afore-
said this lS'*h-day of
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dary Public ~~..;')... --:'~
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STATE OF FLORIDA )
COUNT; ::R::::::~Y that on this X!!day of ~~~ .. .7
19.2f.' before me personally appeared Anthony L. Sboemaker, TbZ~ A.
Bustin, Lucille Williams, and, Charles F. LeCher, 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 writt~~~ '
My ~onuni~s~~n rxm.res.:
f'htary Puhlic, Sial" 0 fi.j1-ida iit Large
My Commi5::0!1 '~;xllirt;s AUf]. 28, 1931
Bonded By An.l;;-rican Fir,,: & Ca~:.ui:y (cr:---,pny
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