SEWER ONLY - DAVID L. HICKMAN AND PATRICIA M. HICKMAN
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79199831
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O.R. ~ 9 ~ 6 PAGE
A G .R E E ME N T
(Water Only)
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THIS AGREEMENT, nlade and entered into this
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-, A. D., 1979 , by and between the CITY
-,
OF CLEARWATER, FLORIDA, a mUnicipal corporation, hereinafter
referred to as "City", and
DA VIDL.HICKMAN, aildPATRIClA 'M~ 'HICKMAN,. his wife
hereinafter referred to as "Owner11;
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:
LOT 52, LAKEVIEW VISTA, 1st ADD. REPLAT,
as .recorded in Plat Book 41, Page 14, Public
Records of Pinellas County, Florida
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and
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 conslderations;
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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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.
z. 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 water connection charges and
monthly sewer service and/or water charges to the City on the same basis
as sewer service and/or water users outside the municipal boundaries are
charged, as set out in the Code of Ordinances of the City of Clearwater,
Florida, 196Z;
(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'
written notice to the property owner, to initiate action to annex the property
to the City, Applicable fees for annexation request shall be due and pay-
able upon receipt of this Agreement for proces sing.
(c) The Owner agrees that it is to the mutual benefit of the Owner
and the City, in recognition of the eventual incorporation of the property with-
in the City, to have site and building plans reviewed and accepted by the City
in advance of obtaining any requisite pertnit from Pinellas Count Yo Acceptance
of such plans shall precede the execution of this Agreement by the City.
(d) All property proposed to be subdivided or otherwisedifferenti_
ated from the original parcel described in this Agreement shall be treated as
a single parcel for the purposes of the subsequent annexation procedure,
in,dividual ownership notwithstandingo
(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 document.
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(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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O.R. ~ 9 ~ 6 PAGE 8 ~ 7
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 succ~ssors, 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 paym.ent 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.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Mayor-
Witnesses as to Owner:
CITY qfi' CLEAR WA T
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Attest:
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,-... . - -C4,t.,Z.-'CV~ ,.,
City le~'erk.,."
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:~22~..
David L. ~
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O.R. fi 9 !J 6 PAGE 848
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' DAVIDL~' HIGKMAN-ciridPA TRICIA M.
HICKMAN, 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 St;;l.te~la.st:afqre-
said this /L II. day of 6~;,)-- 1979. . - :,:: ',. _.
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My commission expires:
Ni:ltary Publi~, State of Florida at l~rge
My (nmmi"inn hnires Au\! 28. 1982
Bonded By American fire & Casually Compaoy
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this 12:j~day of 'no~ ~-
19~, before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams, an.d. 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 written.
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'~~E. ~,_
otary Public ..' ',/ "/;
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My commission expires:
Notary' Public, State of Flo, riclil at Lit, rg"
My C " <,
, ommiS5!On Expires Od 31 1983
Rr>.A"'>_' ". .. ''''fH",''lfl t"ne &. casucl;Y co'
mpany
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