CONNECT TO THE EXISTING CITY SEWER MAIN - RAY B AND VIOLET D LUNDY69119227
O.R. 3229 PAGE 471
AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of
December, 1969, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
RAY B. LUNDY and VIOLET D. LUNDY, his wife, of 218 Michigan Avenue,
South Haven, Michigan, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property
and intends to construct a residence thereon:
Lot 12 and the North 25 feet of Lot 11, in Kapok Forest
Subdivision, according to the map or plat thereof as
recorded in Plat Book 47, page 47 of the Public Records of
Pinellas County, Florida; and
WHEREAS, a City of Clearwater sanitary sewer main lies adjacent
to the property above described; and
WHEREAS, the Owner desires to connect to th e existing 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
sewage will at all times be continuous, however, the City shall not 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.
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2. In consideration of the covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
(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 herein-
above 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 upon
their heirs, administrators and assigns and that the City may record
this docUInent if it so desires.
(e) The Owner agrees that the terms and provisions of this agree-
ment 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.
(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
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and provisions hereof, the Owner, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a
reas onable attorney IS fee in connection therewith.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed the day and year first above written.
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CIty Manager: (,:;
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Approved as to for
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City Attorney
Signed, sealed and delivered in
the presence of:
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As to City
FLORIDA
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Ray B. undy ,
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(~i~ie; &: /Lundi)/ ,,~.',~ nc I~'
(SEA L)
(SEAL)
STATE OF FLORIDA )
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COUNTY OF PINE LLAS )
I HEREBY CERTIFY, that on this /9d...- day of ~~~ , A. D.
19 --M.-, 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 corporation, to me known to be the individuals and
officers desc~ibedin and 'Who ex:~_cl.l!_e.9-the foreKo~~g Agreement and s~verally
acknowledged,theexecution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the offical seal of said municipal
corporati<)n is duly affixed thereto, and the said agreement is the act and
d~E3dofsa:i.d corporation.
WITNESS my signature and official seal at Clearwater in the County of
and State of Florida, the day and year last above written.
My Commission Exr~res:
Notary, Publi(. Stille of Florida a Large
My Comwis,ion Ex;Jires Oct. 22, BIG
D.<>~dtd By American Fire & Casually Co.
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Notary Public
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
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iJ,R, ~~229 p,\l1E474
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 Ray B. Lundy and Violet D.
Lundy, his wife, to me known to be the persons described in and who
executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 2nd day of December, A. D. 1969.
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.My Corri.,rnission Expires:
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NClt1!I'Y Publlc.;:.State of Florld!! !It Large
" My-C6r.1mis~on Expires Dee, 27, 1973
BonrlHJ tJV J:Tansamerlea Inswanoo Co.
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