SEWER - FRED T. MENGES AND EVELYN M. MENGES (2)
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ro.a.4556 PACE1147
AGREEMENT
WHEREAS, the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with Fred T. Menges and Evelvn M.
Menges, his wife
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
May 12, 1976
, for the following described real property located
outside the municipal limits of the City of Clearwater, which property is
presently owned by Fred T. Menges and Evelyn M. Menges, his Wife
h~inafter referred to as "Owner":
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Lots 159 and 160, Clearwater Manor SubdiVision,
according to the map or plat thereof, as recorded
in Plat Book 41, Page 66 of the Public Records of
Pinellas County, Florida.
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WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City, and
WHEREAS, the contract provided that the annual charge would begin
two (2) years after the signing of the contract and would be terminated when
the property was annexed into the City, and
WHEREAS, it was the intention of both parties to the Agreement to
have said property annexed into the City of Clearwater, and
WHEREAS, it is now apparent that said property cannot be annexed
into the City, and the annual charge will continue to be assessed against the
property 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
, authoriz ed the execution of this
RETURN TO:
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'o.R.4556 p^cE1148
Agreement and Release, which release, or a copy thereof, is attached,
marked ExhibitB, and by reference made a part hereof;
NOW, THEREFORE, the parties hereto hereby cov:enant 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 caus 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
real property of the owner. Said release, attached and marked Exhibit B,
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 numbered
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 document 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
Owner shall petition the City for annexation into 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~ 4556; fAGE1~49
IN WITNESS WHEREOF, the p1 rties hereto have caused this
agreement to be executed this ~ day of clPu/.-fl--
A.D. 1972-. t7
Countersigned:
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Approved as to form and
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CLEARWA TER, FLORIDA
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Signed, sealed and delivered in
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A s to Owner
OWNER
STATE OF FLORIDA )
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COUNTY OF PINE LLAS )
I HEREBY CERTIFY, that on this 6 dayof~? ~.
A. D. 197~, before me personally appeared Picot B. FloYd, 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 Commis sion Expires:
NotarY Publie, Stole of Florida at large
My Com.miss:on Expires Sep" 29, IS77
8ond~d hy Ampric:cm F;rp. & Cas.ualty Co.
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Nota~lic
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STATE OF FLORIDA
~O.i. 4556 p,\Ct1150
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, per sonally appeared
FRED T. ~mNGES and EVELYN M. MENGES. his wife
to me known to be the person(s) 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 County and State last
aforesaid this lOthday of Hay , A. D., 1977
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Notar
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My Commission Expires:
LARRY W. LORD
Notary Public, State of florida at Large..
My Commission Expires March 1 1 QRn
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