Loading...
USE OF SEWAGE DISPOSAL PLANT ~ / . ~ ~ I I ''! . \ '. AGREEMENT THIS CONTRACT AND AGREEMENT, Made this day, 1t!>!tO day of August, 1953, by and between CITY OF CLEARWATER, a duly incorporated muncipality in and for the state of Florida, Pinellas County, here- inafter referred to as "City" and Doris T. Alvord, hereinafter called "Alvord", a resident of Clearwater, Pinellas County, Florida, WIT N E SSE T H: WHEREAS, the City of Clearwater and the A & W Glads Cor- poration have been negotiating for the use of a sewage disposal plant for the use of certain properties located outside of the City, and WHERF~S, these negotiations have been conducted for a period commencing with the construction of such disposal plant by the Cit~, and the City and A & W Glads Corporation have never arrived at an allocation of costs as to the proportionate share of A & W Glads Corporation contribution applicable to such properties outside of the City, and 'HHEREAS, it was recently agreed by and between the City and A & W Glads Corporation that $22,000.00 constituted the correct and applicable share of such sewage disposal plant capacity for the prop- erty heretofore owned by A U W Glads Corporation located outside of the City limits and located in the general area known as Skycrest Subdivision, and as shown on map attached to and made part hereof. WHEREAS, intervening during said negotiations, stock- holders of such A & W Glads Corporation have arrived at a voluntary basis of partial liquidation of said Corporation, and WHEREAS, Doris T. Alvord is to receive certa.in properties located in such Subdivision to be serviced by such sewage disposal plant and to properly develop such properties 80 received it is nec- essary and incumbent that the said Doris T. Alvord has available for use on such property sewage disposal plant capacity necessary and reasonably required to furnish sewers and sewage disposal bo said properties, and 1. 0(,- OIJ2"- /) ('~ [) "'_" __ c.,"" ,'" (2) .-----=-..--------- I I .... WHEREAS, based upon an allocation of $22,000.00, on a square foot basis between Doris T. Alvord, A & W Glads Corporation and Donald Alvord, the allocable cost for the property herein re- ferred to, which is owned by Doris T. Alvord, of such disposal plant is $13,350.00, and WHEREAS, the property that the said Doris T. Alvord is to receive in the partial liquidation of said A & W Glads Corpora- tion, and for which sewage disposal capacity is required, constitut- ing 32.76 acres more or less and is described as follows: TRACT NO. L. All that part of TRACT "A" of a Re-Sub OF ALL OF CENTRAL PARK, according to plat thereof recorded in Plat Book 16, page 85, Public records of Pinellas County, Florida, which lies easterly of the East boundary of UNIT 9 OF SKYCREST SUBDIVISION according to plat recorded in Plat Book 30, page 80, public records of Pinellas County, Florida, less AND EXCEPT the following described tracts: (1) Begin at N.E. corner of NWt of NEt Sec. 13-29-15, run South 0 deg 24' 0311 East 50.01 ft to South line of Drew st.; thence North 89 deg 25' 270 West 100 ft along south line of Drew st.; thence South 0 deg 24' 0311 East 166 ft; thence South 89 deg 25' 271l East parallel with Drew st. 100 ft to intersection with East line of said NWt of NEt. thence North 166 ft along said east line of NWf: of NEt of ;3ec 13- 29-15 to P.O.B.; (2) Beginning at N.E. Corner of NWi of NEt Section 13-29-15, run 0 deg 24' 03" East 50.01 ft to South line of Drew St.; thence North 89 deg 25' 271l West 100 ft along south line of Drew st. for P.O.B.; from said P.O.B. run North 89 deg 25' 27" West 327.54 ft; thence South 0 deg 53' 34" West 366 ft; thence South 89 deg 25' 27" East 335.80 ft; thence North o deg 24' 03" West 366.05 ft to P.O.B. ALSO TRACT NO.2. All that part of the SWt of NEt of Sec. 13-29-15 which lies easterly of the East boundary of UNIT 9 OF SKYCREST SUBDIVI- SION according to plat recorded in Plat Book 30, page 80, public records of Pinellas County, Florida, LESS AND EXCEPT the following described tracts: (1) All of Gunn's Addition according to plat recorded in Plat Book 11, page 88, public records of Pinellas County, Florida; (2) Begin in North boundary of Gulf-to-Bay Blvd at a point 590.02 ft East along said boundary from its intersection with West bdry of Swt of NEi.; run thence North 0 deg 39' 47" West parallel to said West boundary 150 ft; thence East par- allel to Gulf-to-Bay Blvd 110 ftj thence South 9 deg 39' 47" East 150 ft to GUlf-to-Bay Blvd; thence West along North line of Gulf-to-Bay Blvd 110 ft to P.O.B. 2. I I. ... . , (3) Begin in North boundary of Gulf-to-Bay Blvd at a point 700.02 ft East along said boundary from its inter- section with West bdry of swt of NEt; run thence North o deg 39' 4711 West, parallel to said West boundary 420 ft; thence South 89 deg 22' 53" East 112.13 ft; thence South 0 deg 24' 03" East 420 ft to North line of Gulf- to-Bay Blvd; thence West along North line of Gulf-to- Bay to p.a.B.; (4) The West 146 feet of East 472.2 ft of South 674 ft. of swt of NEt of Sec. l3-29~15; NOW, THEREFORE, in consideration of $5,350.00, it is mut- ually agreed by and between the parties hereto as follows: 1. The City agrees to furnish to the said Doris T. Alvord sewage disposal plant capacity in ammounts sufficient to service the aforedescribed property belonging to, or which will belong to Doris T. Alvord; it being specifically understood that the said Doris T. Alvord will utilize the said premises for any legitimate purposes, and the capacity herein referred to shall be sufficient to satisfy such purposes. 2. The City agrees to furnish services referred to here in paragraph 1. hereof upon the payment to the City by Doris T. Alvord the sum of $8,000.00, in addition to the consideration referred to and recited heretofore in this agreement; it being understood that nothing herein cited shall be interpreted or construed as making the said Doris To Alvord liable for any sum beyond this amount. 3. The City agrees to reserve and maintain the sewage dis- posal capacity referred to in paragraph 1. hereof for the use and bene- fit of Doris T. Alvord, her heirs and assigns, for the purposes r~- ferred to herein for a period of two (2) years from the date of this agreement without any further payment by the said Doris T. Alvord to the City other than that referred to herein of $5,350.00, which sum is to be paid by A & W Glads Corporation for the account of Doris D. Alvord toward her share of the said $13,350.00. 4. The City agrees to furnish said disposal plant capacity for the purposes referred to herein as set forth in paragraph 1. hereof to the said Doris T. Alvord at any time within the two year period re- 3. I I . , ferred to in paragraph 3 hereof upon the payment to the City by the said Doris T. Alvord of the sum of $0,000.00 recited in paragraph 2 hereof, and upon the payment of said sum by Doris T. Alvord, the City agrees to keep and maintain available for the use and benefit of said Doris T. Alvord the said sewage disposal plant capacity until such time as said Doris T. Alvord, her heirs or assigns in fact utilize the same, it being specifically understood by and between the parties hereto that the disposal capacity referred to herein need not be util- ized within the two year period unless the said Doris T. Alvord pays to the City the additional $8,000.00 provided for herein. DORIS T. ALVORD AGREES: 1. To pay to the City by and through the A & W Glads Cor- pora tion the sum of :$5,350.00 on or before September 1, 1953, vlhich sum to be absolutely forfeited in the event the option granted herein is not exercised. 2. The said Doris T. Alvord agrees and accepts all of the promises and covenants set forth by the City in the preceding para- graphs hereto, and further agrees to pay to the City the sum of $8,000.00 as provided for therein at the time she exercises her rights and privi- leges as provided for herein. IT IS FURTHER MUTUALLY AGREED: (A). That the capacity of such sewage disposal plant and the $22,000.00 heretofore referred to as the sum attributable to A & W Glads Corporation and Doris T. Alvord was computed upon capacity estimates made by the City of Clearwater on a basis that Skycrest development within the City limits of Clearwater, and a portion of the property heretofore owned by A & W Glads Corporation and now by reason of the partial liquidation set forth in part owned by Doris T. Alvord, utilized the entire capaci t;y- of such sewage disposal plant. (B). Subsequent to construction it has been ascertained that there is a certain amount of additional capacity available than originally contemplated in such sewage disposal plant. The exact amount of such capacity in excess of the needs of the parties hereto and the A & W Glads Corporation is not at this time fully known to the parties. IT IS THEREFORE AGREED by the City of Clearwater and Doris T. Alvord that to the extent of such excess capacity and to the extent 4. " '. . I I . < ~ . ,< that the same ~ay be sold or utilized by others than the parties hereto- fore conteoplated, all payments by others than the parties hereto re- ceived by the said City of Clearwater for such excess capacity shall reflected i~ be/credits, to the account of the said Doris T. Alvord against the ~~8,000.00 provided for in this agreement; provided, however, it is understood and agreed that the total cost of the said sewage disposal plant shall be apportioned over all the land serviced by it (on the sq~are footage basis) and that the actual cost per square foot shall be fixed as of the date the Assessment Resolution for the cost of said plan1is adopted by the City, provided, that as of said date, the City will, in making said assessment, include in the conputations all lands to be served by said disposal plant, and that after said cost has been fixed, it ~hall not be subject to readjustment. IT IS FUH.THER AGREED that to the extent such credits exceed -.,8,000.00, they shall be refunded and paid to the A Be, I:l Glads Corporation. THIS AGREEJlliNT shall be binding upon the heirs, executors, adninistrators and assigns of each of the parties hereto. Hi WITNESS WHEREOF, the parties hereto have set their hands and seals the year and day first above written. , -- -/ - :',' . City Witnesses as 0 execution by ~~~ / 2h~-J I)~- Approved as to :orm and correctness: (jl ..'u.. tj j. ~iti~to~neY ~~C1J~.~~ (SGAL) DO~IS T. ALVORD - -5- SEE PLANS IN FILE