SEWER - ARTHUR W. WEDEL AND ALMA H. WEDEL - REF ORIGINAL AGREEMENT WITH RICHARD J. SALERNO AND ANN B. SALERNO
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ClERI CIRCUIT COURT
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AGREEMENT
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WHEREAS, the CITY OF CLEARWATER, a Florida municipal
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corporation, hereinafter referred to as IIC ity II , entered into a sewer
services contract entitled IIAgreement" with
Richarci J. Salerno and
Ann B. Salerno
, which Agreement, or a copy thereof, is attached,
marked Exhibit A. and by reference made a part hereof, on
June 5, 1969
, for the following described real property located
outs ide the municipal limits of the City of Clearwater, which property is
presently owned by Arthur W. Wedel and Alma H. Wedel, his wife
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hereinafter referred to as IIOwnerll:
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Lot 5, HIGHLAND MANOR SUBDIVISION, Second Addition,
according to the map or plat thereof as recordeci in Plat
Book 64, Page 51, of the Public Records of Pinellas County,
Florida.
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WHEREAS, the sewer services agreement provided for an annual
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charge for said services. which charge was equivalent to the tax revenue
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the property was annexed into the City, and
the City would receive from real property taxes were the s e:-viced property':: ;; "7' x:
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WHEREAS, the contract provided that the annual charge would begin - = :.: ~
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two (2) years after the signing of the contract and would be terminated when.:: :: ~ ~
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WHEREAS, it was the intention of both parties to the Agreement to t= ~ ~
located within the City, and
have said property anr..exed 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 as s es s ed 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 00 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
January 20, 1977
. authorized the execution of this
motion dated
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I,tio F..4570 fAGE1S 71
Agreement and Release, which release, or a copy thereof, is attached,
marked Exhibit B, and by reference made a part bereof;
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 cause 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 nUInbered
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 assigns, and that the City may record
this docUInent 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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1.0. R.4570 PAGE1572
IN WITNESS WHEREOF, the pi rties hereto have caused this
agreement to be executed this I-.d- day of
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A. D. 197-1--'
Countersigned:
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STATE OF FLORIDA
COUNTY OF PINE LLAS
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By
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OWNER
*Anthony L. Shoemake r
I HEREBY CERTIFY, that on this P day of
A. D. 1972-, before me personally appeared
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 tbereto, 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 'ulotic, Store of Florida at large
My Conunission Exp;re. Sept. ~? 1 'i77
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~Notary ~c
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STATE OF FLORIDA
Ii. R.4570 PAGE1573
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, personally appeared Oll.rJuuL -11,--: h~d~L
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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
aforesaid this .-:)!lflt day of :1L-nL
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seal in the County and State last
, A.D., 19 '17
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My Com,missio~ Exp~rl.':s:
Notary Pubhc, State 01 F.",:da ~l ,~"e
My Commission Expires May 25, I,~I
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RELEASE
,~. ,.4570 fAGE1580
WHEREAS, on or about the
5th
da y of
June
19"~' the CITY OF CLEARWA TER, FLORIDA, a municipal corporation,
bereinafter referred to as "City", entered into a sewer services contract
entitled "Agreement" with Ricbard J. Salerno and Ann B. Salerno, his wife,
for the following described real property located outside the municipal limits
Arthur W. Wedel and
of tbe City, which property is presently owned by Alma H. Wedel, his wife
hereinafter referred to as "Owner", and described as follows:
Lot 5, Highland Manor Subdivision, Second Addition,
according to the map or plat thereof as recorded in
Plat Book 64, Page 51, of the Public Records of
Pinellas County, Florida;
and
WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
tbe Cit)t would receive from real property taxes were the serviced property
located within the City; and
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WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from the property located outside the municipal limits ,
and the property owners wish to be released from their burden of having
such annual charges assessed against said property;
NOW, THEREFORE, in consideration of the foregoing and in
consideration of the receipt of the sum of $512.01
, which sUITl
represents the annual sewer service charges levied on the Owner's property
to date, and the City does hereby acknowledge the execution by the Owner
of a new agreement for sewer services, and, in consideration thereof,
tbe City does hereby remise, release, and forever discharge the Owner
of the property from further obligation under the agreement dated
June 5, 1969
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,v. R.4570 PAGE1581
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IN WITNESS WHEREOF, the City of Clearwater,
caused this Release to be executed this ~ay of
Florida, has
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Countersigned:
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By
Attest: .., ,~/' -
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II City Clerk
Signed, sealed and delivered
resence of:
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY, that on this ,,f day of ~~
A. D. 19 71 ,before me personally appeared Anthony L oe er,
Thomas A. Bustin, R. G. Whitebead 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 Release
and severally acknowledged tbe 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 Release is the act
and deed of said corporation.
WITNESS my band and official seal at Clearwater in the County
and State last afore said, the day and year last above written.
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Notary Publi'
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My Commission Expires:
Notary Pu!:lk, State of Florida at lorge
My Commission Expires Sept, 29, 1977
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