SEWER - ELECTRICAL SYSTEMS AND COMMUNICATIONS COMPANY INC.77143408
O.R. 4597 PAGE 306
AGREEMENT
This Agreement, made and entered into this 13th day of
September, A. D. 1977, by and between the CITY OF
CLEARW ATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and Electrical Systems and CommWlications Co., Inc., a Florida corporation
hereinafter referred to 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 Ci.ty of Clearwater service area:
A portion of Lots 11 and 12, Pinellas Groves, in the NE 1/4 of Section 12-29-15, as recorded in
Plat Book 3, Page 15, of the Public Records of Pinellas County, Florida, mar e particularly
described as follows: Begin at the SW corner of the NW 1/4 of the NE 1/4 of Section 12,
Township 29 South, Range 15 East, run thence N 00017'00" E, along the quarter section line,
30.0 feet; thence South, 89020'02" E, 906.62 feet for a Point of Beginning; thence N 00005'54"
E, 200 feet; thence S 89020'02" E, 141. 30 feet; thence S 00005'54" W, 2.00.0 feet; thence N 890
20'02" W, 141.30 feet to the Point of Beginning.
and
certain conditions and considerations;
WHEREAS, the Owner desires to connect to the City sewer main ir4; ~1
is agreeable to signing an Agreement with the City for municipal sewer .... C) 0 C'iS
WHEREAS, the City is agreeable to furnishing said servi.ces up<:$. . ~ ~
NOW, THEREFORE, the parties hereto hereby covenant and ag!"et:14 a
services; and
as follows:
1. The Ci.ty does hereby agree to provide sewer services, subject
to the terms of this Agreement, and to permit the Owner to connect to its
sanitary sewer main at the Owner's expense. The City shalLnot 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.
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O.R. ~597 PAGE 307
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer service
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 annex at that time, and the City will have the right, upon sixty (60)
days I written notice to the property owner, to initiate action to annex the
property to the City. Filing fees shall be waived by the City.
(c) 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.
(d) 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 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.
(e) If the Owner or its success or s, or a.s signs. or any
subsequent owner, shall default in the performance of the terms and
provisions of this Agreement, and the City shall institute legal pr oceedings
to enforce the terms and provisions hereof, the Owner, its successors and
assigns, covenant and agree to pay all costs of s,-!ch proce~<iings._including
the payment of a reasonable attorney's fee in connection ther ewith.
3. This Agreement shall continue until cancelled or terminated by
either party giving sixty (60) days I notice (written) to the other party of such
termination.
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j R. 4597 PAGE 308
4. 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.
CITY OF CLEARWATER, FLORIDA
Att~st: ~
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By
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COUNTERSIGNED:
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Mayor-Com io..
Witness as to Owner:
OWNER: ELECTRICAL SYST~MS1\ND
COMMUNICA TIO~(jO..~.X~(:;>,..
a Flo,rid. a.cor~p,.,. ,"'a.tiPl},..,;.. " ,.""....,'.'.c:\
a~, ,,' ~',......>2:.(.~. ,.'.. ~'_ _c~..,~ .~
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By . , . ' " <'/ .:; .
Charles D. Snead, ~~e~'ide:oF.. -.';
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Attest:
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Secretary/
Treasurer
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o.R..4597 PAGE 309
STATE OF FLORIDA )
) s s
COUNTY OF PINELLAS )
I HEREBY CER TIFY that on this I tf day of JaA-.t::..k
A. D. 19 1, , before me personally appeared Antho~[~ ~~~oe~aker, 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 i.ndividuals 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.
My Commission Expires:
Notary Public, Slate of Florida a! tor,e
My Commission Expires Sept. 29, 1971
!gnded by Amc.l\,f"Iu flu, & (u~uull, 6..
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ST A TE OF FLORIDA )
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COUNTY OF PINELLAS }
BEFORE ME, the undersigned authority, this day personally
appeared Charles D. Snead - and Ophelia S. Snead
to me well known and known to me to be the individuals described in and
who executed the foregoing i.nstrument 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
01 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 thereto 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 WHEREOF I have hereunto set my hand and affixed my
official seal this I" .day of ~_._? ' A. D. 1977
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My Commission Expires:
"IOTAItY PUBLIC STATE OF FlORIDA AT ~II"~
MY COMMISSION EJ("'ItES JUNE 21, 1979
8CH.lED II:I&U GENE&AL INS . UNDER.WRITFRC.
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