SEWER - DAVENPORT KITCHENS INC.
,..,
~.,.
I
~6OS0125
-
V. R. 4398 PAGE 364
THIS AGREEMENT, made and entered into this
1:;.-;( · 19 76
FLO IDA, a munlclpal corporatlOn, heremafter referred to as
/4
day of
L
I
t~
II.'........:...'.....
...
.\
,.
40 Rec / () . ()() c./t.aruj ~
41 St
42 Sur
43 Int
TOl1cer
AGREEMENT
WHEREAS, the Owner now owns the following described
building
property and intends to construct a XlfS:~ thereon:
real
I,.
I....'..'...............
,
~~.'....'..........-..............
'.
,
.'
!l
It
ii
ft
l~
i\
, by and between the CITY OF CLEARWATER,
"City", and
DA VENPORT KITCHENS, INC., a Florida Corporation
he reinafte r referred to as "Owner ";
>.
..~oo
~ ~~ ~
.not:-
-.W'<1'oo
65~.x~
~" c LO
;:~. .~~ ~ Ct':)
,..~ .,' CQ
~I.I ~:.~ o' ~
I":~ ~ "0
~ ~ .......
t:'ZP-, ~
o. .,-,.... '"'r--'I
~t-i :V~
rl)..,:..:> _
+> ":J ,~ I-<
~. R <l>
C.) P'1 .... +>
From the SE corner of the SE 1/4 of the SW 1/4 of Section 1, Township ~ ~ 5 ~
29 South, Range 15 East, run thence N. 00 17148" W., 511.50 feet; !.J Tn G ~
o~ ,,~ <l>
thence N. 890 21'54" W., 11 02.21 feet; thence N. 00 12 '55"W., along .S ::S t1 01
the Easterly line of Calumet Street, 376.87 feet to P. O. B.; thence :8 0 E
contiUue N. 00 12'5511 W., 124.09 'feet; thence along a curve to the right E-t ~ 0
N. 450 l6'20"E., chord distance 162.50 feet, arc is 180.92 feet, radius
is 113.94 feet; thence S. 890 14'24" E., 64.47 feet; thence S. 00 17'48"E.,
240. 0 feet; thence N. . 890 14'24" W., 180.71 feet to P. O. B.
WITNESSETH
cc
r-<
1'.:'::'
C<I
".. A c,~ ..", ~
o ~:J'-.
f-o. p;j ~.. ;::~
r;ij ,..
Z ..:J >'~
~uQ
:>.~ (:f,j
.f-< E-< f~; ,.'
~ ...., \.f . '.
c::: u ~ ::~
r.::i
<~
~
~
u
WHEREAS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the City for municipal sewer
sel vices; and
WHEREAS, the City is agreeable to furnishing said services upon
cel tain conditions and considerations;
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 sanitary 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 control
of the City.
2. In consideration of the covenants contained in Paragraph 1
-1-
1', i
;>> 00
. g ~:
:::0 ~'"
.... g ~o
_ c: ~
. ~ i!
...
..
immediately above on the part of the City, the Owner agrees:
,
(t 'f
o/~/)/)/. ~r""
.' .
( ~)~:)
f:~
,~ .
"
-
'"
I
0.'. 4398 PAGE 365
(a) To pay the normal sewer connection charge and monthly sewer
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
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 period.
(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 bas ed 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 hereinabove provided, the foregoing annual charge shall not
be in effect.
(d) The Owner agrees that this agreement shall be binding upon his
heirs, adminis trators and as signs and that the City may record this docUluent
if it so desires.
(e) The Owner agrees that the terms and provis ions 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 which shall run
with the land and shall bind and be enforceable against all Subsequent owners
of said des cribed real property whether or not it is mentioned in the deed to
said owners.
(f) H the Owner, or his successors or assigns 01- 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, his succes sors and as signs, covenant and agree to pay all
cos ts of such proceedings, including the payment of a reasonable attorney IS
fee in connection therewith.
-2-
T' "
,,~ .4
.1
, .
o.~. 4398 PAGE 366
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
Countersigned:
~~~
Mayor-Commissio e
///
I /
(/
Signed, sealed and delivered in
the presence of:
<-J (' .aI~~T~ <2 .~
~y~
Art to City ,
~l/? 4~ yA
11~/~/~2~-
As to Owner
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By
A ttes t:
DAVENPORT KITCHENS, INC.,
;'-il'.
',' (~'.'"
~ /-,
'11'$"
"'i,'j
(Corporate Seal)
&7J-/d~I?IL
I HEREBY CERTIFY, that on this :t j..J':;!f day of '\j. . - . ~ 7-
A.D. 197L, before me personally appeared Picot B. Floyd, 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 munici-
pal 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 Commission Expires:
I .., r f 9 7R
~' (') k 'J "" Ie, _ L1
r
-3-
,"''' ~ ~ ~ ; .,; : 11 (; ,';
, .~. ,~~
\.-/
~:..;fw;"Fklli~,.tl:,;j'~"Ji,\o.L~:m;~~,~':."~C,;,.2~~'~' 'i;;:.;r;I<~'_'~'''i.;.r.j!l!'~''f!:i\:''':~l'.ti~~.6!.M'..lP-'.::,-:;;l;''':'':SI1M'~~...fU.._ ...,..":::;';';"~:l:..'''i'i.l:'r''r>;;,,,".';'':'~:;t:'.;d..~..~~~.i~~;! .&.~,.;~,....'~_." :o.!';" 1~~-'_',~;..r...~J ;i,~",_.,,",...~.:t"'~"i;~~'7~~
-'"
I
,
.' ."'
STATE OF FLORIDA
O. R. 4398 PAGE 367
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally appeared
Helen J. Davenport and A.J.Salvaterra
to me well known and known to me to be the individuals des cribed 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 the reto 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 WH~REOF I hay hereunto set my hand and aff.ixed my....
official seal this /!J C day of ~ tUvY-j ~v , A. D. 1976._ ,_,_~,
f :..,'-, .... '
'-
-I
-, .../' ::,
.::' ~.
j
,..
My Commission E,xoV.h~e.~~ARoe
NOTAIlY PU811C SlAT' Of l "111
MY COMMISSION ElCPIRH IUlY ~~EIlWR~
"ONDEO' THRU GENEBAI INSURANce UN
-4-
'----1 .~
3_ _..I~
~ _ -"'''l".to.~.
POINT' RD.
SUNSET
I
1
I
,
I
I
1
J '"
I n
.. , co
, ..
... ..
.. ..
..
N
.. ci
..
5 4 .. 0 3
N
STRICTION S <i
I,R,3l;80- B8 0 '"
....
1';0
I'"
I:
1 .
..J
1-
....
I=>
t-",
I":
.
_ ...___ eo..- ,
Mas
6-50
Mas
6-5 P
Z38'
Mas
6- 5PI
/908
Mas
6-5E
Mas
6-5Q
13
/9/l
Mas
/903-5R2
Mas
6-5R3
60'
1
I
I
1
1
I
I
!?I
~I
crt
I
:::1
:::,
oil
0,
~I
""
~I
1
=1
~I
-",I
-,
~
\
~
14
~
2
~
\..
\..
15
S.R,
Jl-.
10' So.. Ealmt. O.R.2873 P.14 10' $Q.... Eo'~
- - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - --;.-.
Mas
6-5N
CALUMET
Mas
6- 5 K
Mas
6- 5RI
Mas
6-5R5
Mas
6-5G
Mas
6-6 ""t
~
())
ST,
CI\
1)-
~
"-
Mas Mas Mas
6-5J 6-5H 6-5 D
Mas
6-5R4
Mas
.3-51.1
Mas Mas
6-5C 6-5 B
S- 58'
I
I
S,w. 1/4 SEC.'
N,W, 1/4 S EC, I
s
16
_ O.:..R:.. 2_8!.O _ Pjo_2J J.. ~(_ _ ~ __
Mas
6-5T
Mas
6-5L
0.R.2099 PG, 356
Mas
6-5A
Mas
6-7
Mas
6-55
MbS
6-9
Mas
6-11
Mas
6-8
/770
Mas 6-10
MaS 6 -5R
/750
,IE, 1/4 SEC, I
~E,
~
I
I
1/4 SEC. I
10' 4hC
107- 4.0
103 4bC.
lot ....,.
20 I 30:
LO? 10Z
2.03 Jo;
2..04 30<1
<T
I<')
a: qol go.
'fOL 0,
(.) 903 0;
jtJ4 804
100f 1101
J~ol.. 0'-
OJ
'003 1/0'
I""
50' 10' OF
/85/
u.i '"
> r.,
<l: .<<i
.m
I<'
I
I
U)
W
-.l
:J
U
0::
W
::I:
__22.0-
'0
'"
o
'"
m
/84/
'0
'"
o
t<l
'"
<:t
1<'),
o
o
o
CI{
0::
t.i
-0
'"
CALl
I'
21'1
i
i
Cl
ci
""
'"
i
!
i.
J
50'