SEWER - FIRST CHURCH OF THE NAZARENE OF CLEARWATER (2)
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c. ~. 4572 PAGE1804
AGREEMENT
WHEREAS, the CITY OF CLEARWATER, a Florida municipal
;:y-. -- corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreementl' with First Church of the Nazarene
of Clearwater, F10rid~ which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
~~pri1 8, 1971
, for the following described real property located
outside the municipal limits of the City of Clearwater, which property is
presently owned by Fi.rst Church of the Nazarene of C1earwa.ter. Florida
hereinafter referred to as "Owner":
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The East 1/2 of the North 1/2 of the 3'11' 1/4 of
the SW 1/4, leas the .cast 2.80.00 feet thereof
in Section 24, Township 2.9 South, Range 15 East,
Public Records of Pinella.s County, Florida.
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::; WHEREAS, the sewer services agreement provided for an annual ~ 60 c:
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c arge for said services, which charge was equivalent to the tax revenue ~ ~ 1-<~.8
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the City would receive from real property taxes were the s erviced proper~f:Q ~ ~
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located within the City, and ~ '9;;:; ~
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WHEREAS, the contract provided that the annual charge wouldbeg!$.~ 6
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two (2) years after the signing of the conti'act and would be terminated when
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the prope1'ty was annexed into the City, and
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WHEREAS, it was the intention of both parties to the Agreement t% ~ ~ 1.
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have said property annexed into the City of Clearwater, and ~ ~ i ef
WHEREAS, it is now apparent that said property cannot be annex~~ 0 ~
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into the City, and the annual charge will continue to be assessed against the ea
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p1'operty and will constitute a lien thereon ad infinitum;
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
wish to be released from their burden of having such annual charges assessed
against said property; and
WHEREAS, the City Commission of the City of Clearwater has, by
motion dated January 20, 1977
, authorized the execution of this
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G. ~. 4572 PAGE1805
Agreement and Release, which release, or a copy thereof, is attached,
marked Exhibit B, and by reference made a part hereof;
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 continue to provide the owner with sewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work,
or any taus e beyond the control of the City.
2. The City does hereby agree to execute a releas e reflecting that
the City will no longer impose an annual charge for sewer services on the
rea~ property of the owner. Said release, attached and marked Exhi~
shall be executed following payment of the annual charges assessed on the
real property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs nU111bered
1 and 2, immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
boundaries are charged, and as is provided by City Ordinance, as long as
such real property remains outside the municipal boundaries of the City
of Clearwater.
(b) The Owner agrees that this Agreement shall be binding
upon his heirs, administrators and as signs, and that the City may record
this docU111ent if it so desires.
(c) The Owner agrees that in the event that the property
which is the subject of this agreement becomes eligible for annexation, the
ONner shall petition the City for annexation i.nto the limits of the City and
as a matter of fact, this Agreement may be considered a written request
to annex.
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O. R. 4572 PAGE1806
IN WITNESS WHEREOF, the p1 rties hereto have caused this
agreement to be executed this / :2tt! day of irf
A. D. 197+. ,
Countersigned:
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'Mayor-Commission '
By
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Signed, sealed and delivered in
the presence of:
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,/'As to City
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STATE OF FLORIDA
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OWNER
COUNTY OF PINELLAS
*Anthony L. Shoemaker
I HEREBY CERTIFY, that on this /2 day of jfu_-C~ft-
A. D. 197.::2-, before me personally appeared*::52~:F~, 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 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:
Nofo,y Public, State of Florida at lars"
My Commission Expires Sept, 29, 1977
'onaeQ bY, American tire & \.,Q~Ualty '0.
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STATE OF FLORIDA
Q. ~. 4572 PAGE1807
COUNTY OF PINELLAS:
BE~E~.!J:'~~ed autho ity, this day peJ"so')1-lIy J
appeared and~-
to me wel known and known to me to be the individuals described in
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 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
official seal this ~9 day of
ereunto set my hand and affixed my
, A. D., 19 7;7 .
L~)J~
Notary Public
My. Commission Expires:
1SI018BX j'UBLlC STATE OF FLORIDA AT LARGe,
i'MY, !;OMMISSION EXPIRES MARCHi 24 198Q/
l!ONDFI) THRU GEI~ERAL INS. UNvERWRITFR~.
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