SEWER - EDWARD E. PHERO AND GLADYS M. PHERO71102059
O.R. 3621 PAGE 713
AGREEMENT
THIS AGREEMENT, made and entered into this 30th, day of
August, 1971, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
EDWARD E. PHERO and GLADYS M. PHERO, his wife,
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 12, Block "A" of Carlton Terrace, according to
the map or plat thereof as recorded in Plat Book 41,
page 16 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 with the City for municipal sewer
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, 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 tha-t such connection for the treatment of
sewage will at all times be continuous, however,the-C-ityshall nbtbe-lictble.
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
immediately above on the part of the City, the Owner agrees:
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O.R. 3621 PAGE 714
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(a) To pay the normal sewer connection charge to the City on the
same basis as pers ons 1i ving outs ide 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
connection 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 based 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. 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.
Cd} The Owner agrees that this agreement shall be binding up::m
his heirs, administrators and ass igns and that the City may record this
document if it so desires.
{d; The Owner agrees that the terms and provisions of this agreement
shall be a commitment and obligation which shall not only bind the p:::-esent
Owner of said described real property, but shall run with the land and shall
bind and be enforceable against all subsequent owners of said described real
property whether or not mentioned in the deeds to said owners.
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(fr-If the Owner, or his 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, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a
reasonable attorney IS fee in connection the rewith.
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,O.R. 3621 PAGE 715
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IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
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Countersigned:
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AR WATER, FLpRIDA
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ity Attorney
Signed, sealed and delivered 111
the pres ence of:
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As to City
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Edward E. Phero
(SEA L)
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Gla~s M. Phero
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(SEA L)
gT A TE OF FLORIDA }
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this /3r-l .day of S<J;pt.?-r~ ,j
A. D. 1971. before me personally appeared Merrett R. Stierhe{fm, Herbert M.
Brown, R. G. Whitehead and H. Everett Hougen, 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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My Commission Expires:
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Hnf,,,:V Pllhlirc;tatl' of Florida at hfl1l!
My Commissi.n Exllires Sept. 29. 1973
ao.ded By A':f1oric.n Fire & ClIsuelty Co,.
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o.R.3621 PAGE 716
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STATE OF FLORIDA )
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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
acknowledgments, pers onally appeared Edward E. Phero and
Gladys M. Phero. 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
aforesaid this 30,\.\ day of ~
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County and State last
, A.D. 19 71
My Commission Expires:
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