SEWER - RUSSELL S. HAYMAN AND EDNA I. HAYMANO.R. 3467 PAGE 781
AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of
January, 1971, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
RUSSELL S. HAYMAN AND EDNA I. HAYMAN
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 34, Block 4, Virginia Groves Estates, 1st
Addition, as recorded in Plat Book 47, Pages 41,
42, 43 of Public Records of Pinellas County, Florida
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 fO'r the treatment of
sewage will at all times be continuous! however, the City shaUnotb~_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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n.R. 3467 PAGE 782
(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 aaid 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 thep:::esent
Owner of said described real property, but sh~ll 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.
(f) If the Owner, or his successors or assigns or any subsequent
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 therewith.
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o.R, 3467 PAGE 783
IN WITNESS WHEREOF J the parties hereto have caused this agreement
to he executed the day and year first above written.
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Approved as to fo m & correctnes s:
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Signed, sealed and delivered in
the presence of:
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As to City
Audt/ j LL~-vL-
RUSSELL S. :::::71".
(SEAL)'
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.. EDNA I. HA AN .
(SEAL)
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COUNTY OF PINELLAS )
lJ ,fIftREB Y CERTIFY J that on this /1- ;Ctvday of ~~ ~ ,
A.D. ~. before me personally appeared Merrett R. StierhEtfm, Herbert ff1. ..
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.
WlTNE$S my signature and official seal at Clearwater in the County of
Pineilas and State of Florida, the day and year last above written.
~~/h/ ~~
Notary Public
My Commission Expires:
Notasy I\.<bfK, Stitt\'! of Ronda at large
My Com'J:;~si:m E:;;iii!S Oct 22, 1914
--...... by ~ File & c.....Ily Co,
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STATE OF FLORIDA )
)
COUNTY OF PINE LLAS )
O.R. 3467 PAGE 784
I HEREB Y 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 Russell S. Hayman and
Edna Ie Hayman
to me known to be the persons 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 't-f ~ day Or;:P~6#tC,e;i<.. . A.D. 19 70
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My Commission Expires:
fWT':r.'{h'~ !i'.'1":-'': of FL021DA at LARGE
r~Y r;J':> . ... ::-> .'l::'I 26 1914
BUnlut.:D L'I:->.'.~' 1< :~l~;;:':D tV D!;-.~TFI J-InD~T-
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