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SEWER - R. W. AND URSULA E. HUME ":'L;iiIii.~:..oi~~;~~S.;';'tc;~~B.laL;.~l:~~_-i)'..~~';.'~,,.:-r~":~';';';j;"""J.,;.."~,.;~',.......I'WMsr- } ..- . -f"L, . -f :.-:' -,.'" ..1.1 ~; ,],; ~ ..~.~ ~ =:; -.:;~.:. .~ ~ l'ft -~t- .;;.; "" '- -:j ~ ~ ~ s:':: ;i;-=FO ~~ 1~~ ~~ ~ tf~~ ~ o .... ;Z Q: ~ .... W a:: F a muni<::ipal corporation, hereinafter referred to as "City;', and R. W. HUME and UR,SULA E. HUME, his wife, hereinafter referred to as "Owner"; WITNESSETH WHEREAS, the Owner now owns the following described real property and intends to construct a residence thereon: ~ r- - From the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 1, Township 29 South, Range 15 East, run S 00 17'48" E along the North-South centerline of said Section 1, centerline of County Road 34, Hercules Avenue) 200. 03 feet; thence run N 890 14124" West parallel to the North line of the Southeast 1/4 of the Southwest 1/4 of said Section 1, l83.feet for a point of beginning; thence run S 00 17'48" East 150 feet; thence run N 890 14'24" West 80 feet; thence run N 00 17'48" W, 150 fe~t; thence run S 890 14'24" East 80 feet to the P. O. B. 2:: ,c:z: en I"") ..., ro..a . z lID -, WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an agreement with the City for I?unicipal 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 ag~ee, 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, 2. In consideration of the covenants contained in Paragraph 1 immediately above on the part of the City, the Owner agrees: -1- (JI- (...r.. . .' /; ./ ' .. ~.'- c (/0) .-' (I II Q. R. 4302 PAGE1414 (a) To pay the normal sewer connection charge and monthly sewer service charges to the City on the same basis as persons livmg 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 periodo (c) If at the expiration of a two (2) year period from the date of con- nection 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 in addition to the monthly sewer service charges. 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 herein- above provided, the foregoing annual charge shall not be in effect. (d) The Owner agrees that this agreement shall be binding upon his heirs, administrators and assigns and that the City may record this document if it so desires. (e) The Owner agrees that the terms and provisions of this agreement 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 and provisions he'reof, the Owner, his succes SOl'S and assigns, covenant and agree to pay all costs of such proceedings, including the payment of a reasonable attorneyrs fee in connection therewith. -2- ,!",i . .. ~ ~ II ... -.... -- II _o.J.4302 PAGE1415 IN WITNESS WHEREOF. the parties hereto have caused this agreement to be executed the day and year first above written. Counters igned: ~~~~ Signed, sealed and delivered in the res ence of: t /] . ~Lt<--r..~ / n As to City ~ II. alL~~ ~.~ A);J~ J..s to Owner STATE OF FLORIDA ) ) COUNTY OF PINELLAS } By JUN 2 0 1975 R, 4Q~ ~, Burne, I HEREBY CERTIFY, that on this 20th day of June A.D. 197 5, before me personally lJ>ffiared-t~eS1iB:-.5%A ~ufi L. Kennedy, Jr., R. G. Whitehead and Gabriel Cazares, OPlspe.chvS~"eh~ Ma~a~eff, Acting City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida, a municipa.l corporation, to me known to be the individuals and officers described in and who executed the foregoing Agreement and severally acknow- ledged 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: K'ataiY Public, stGte Of Ftorido ot l(l'9'l !i :18 IP77 My COMmIsSion c)(~'n::) ..rt. , Bonded by American fire &. Ca~ualty Co, ~~..,'~ ; '?u~~~ S -, --" ~'.~ ;; g .~' v (~ ~' ~...:-. ,-' - ;:... ...-,/ . ~ ;'- ~ ,- -' -3- [;ld.<~'-;OC-__i~"ti\.~ .....,;.;.'.::.'~I~..;~~~.;.;...:.>..r~,;;,iV~L.;. ~ ~--:l~~~~~~,::,:t4'~...:-':"'-~~~'-;"~.~t-114..i-~~..,,;.'~~~~.k.l...i,~..:'-A.>~; '. .~:... :.'~'____~~~",....~...:."~:'~_.":'.2~i~.;~_f~~'~'..i.,~.;;""'_.~',~.~'~,..,~ .__ '.~ r;:i-'-~~-i""<;::i~\::i,:'::':!,4~: . .( ,,-1: II 11 Q. t 4302 PAGE1416 ~ .$ .... " STA TE OF FLORIDA ) ) 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 R. W. Hume and Ursula E, Hume, his wife, 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 se)Mn the County and State last aforesaid this ~ day of ~D;9; Notary Public \ My Commission Expires: N.tClry PuloIIe, !ltClte of ~Iorlcfa at ~arge My C:ommh.ion ExpIre, h~l. iB, 19r~ : Bonded by'AmericCln fir. .. ell"IB!I~ is: RETURN TO: CITY CLERK p, 0, BOX 4748 CLEAR\V ATER, FLA. 3351S -4- This instrument was prepared by: ~"'V T1-J~.j(~:(]\~.'.' ~,'fn~#a8~,rtMW!'M. .tw. y..;\ttorney er-- r ....-..p,,() Box\~7~S " . _d A~_.\., ,...,,).,-, ,T.-,"R"' A..:!',:" Cl~6" A.+t"rY'j"" ~. b 1.' =" - ,'. ~ ,-, 'n -0'7"-' \T'~, :",,. ~Ji1-"'-'{b') -1, - .L. . ';-':",..1':... ....1 i...:,u Clearwater, Floricla 33518