SEWER - FIRST CHURCH OF THE NAZARENE OF CLEARWATER71038221
O.R. 3518 PAGE 424
AGREEMENT
THIS AGREEMENT, made and entered into this 8th day of
April, 1971, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
FIRST CHUl'lCH OF THE NAZJJtENE OF CLEAJtWATEft, ,FL01UDA
he re:i.nafte r referred to as "Owner ";
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Legal Description: The East ~ of the North ~ of the Southwest ~
of the Southwest i, less, the East 280.00 Ft.
thereof in Section 24,. T. 29 S., ft.. 15E.
Pinellas County, Fla.
:
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 that such connection for the treatment of
ug-ewage will a.t a-lltimes be continuous, however ,the-City shallnbt-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
immediately above on the part of the City ,the Owner agrees:
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(a) To pay the normal sewer COnnection charge 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
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.
(d) The Owner agrees that this agreement shall be binding up::m
his heirs, administrators and assigns and that the City may record this
document if it so desires.
(el 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 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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(l) If the-Owner, or his succes sorsuor-asslgI;,s orany subs equ-ent
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's fee in connection the rewith.
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I G,R, 3518 PAGE 426
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
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FLORIDA
Countersigned:
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~p,;~. to for zess:
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CIty Attorney
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Signed, sealed and delivered in
the presence of:
FlItST C HORCH OF THE NAZARENE
of Clearwater, Florida
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A s to Ci
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1tev. Carl N. Hall, Pastor
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Olen D. Mime, Secretal'7
(SEA L)
(SEA L)
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StT A TE OF FLORIDA )
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COUNTY OF PINE LLAS )
''''7Jl HEREBY CERTIFY, that on this F~ day of . ~
A. D. ~. before me personally appeared Merrett R. Stierhei. , 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 corp::>ration, 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 corp::>ration,
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and yea.r last above_wr..i~!_~!l-"-.
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Notary Public
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My Commissi,gIl, Ext>ires:
Notary Public. Stde of Ronda at large
My Coms:~~iJ;} h"ires Oct. 21, 1974
BODded by American File & Casualty Co~
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O.R, 3518 PAGE 427
STATE OF
COUNTY OF
Florida
Pinellas
Before me, the undersigned authority, this day personally appeared
Carl N. Hall and alen D. Mime
to me well known and known to me to be the individuals described in
and who executed the foregoing instrument as. Carl N. Hall ~ Pastor
and Olen!L V;li\!II SecrAtary respecti velySl of the Corporation
named in the foregoing instruments) and they severally acknowledged to
and before me that they executed said instrument on behalf of and in
the n~me 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 corporationo
IN WITNESS WHEREOF l have hereu~ set my hand and affixed my
official seal this a ~ day of (At:P~ , AoDo l~,~(.! 0
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My Commission Expires:
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