SEWER AGREEMENT (7)
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AGREE!\,jENT FOR TEMPORAR Y SANlTAR Y SElVAGE SERYlCE
THIS AGREEMENT made and entered into this 2 nd
da y of
September , 19~, by and between P.NTHONY L. SHOEMAKER,
ClTY M.AJ'iAGER, hereinafter called "!\;2nager" and
RYAN HOMES, INC.
, nereinafter called llDeveloperll;
WITNESSETH:
WHEREAS, because the Clearwater East Sewage Treatment Plant
h2-S \~j rtu211y no c2pacity for ser\-ice, tbe City lvf2!12..ger of the City of
Clear",;'Tater h2S placed a Li;'!"'~ited _~2~T1inistr2.ti\~e IVlor2.torium on any new
connections to the plant; and
"'\VHEREAS, it \.vill not be poss1ble to c112nge ttJe nloratoriur~n until
such time as the _"'lligator Creek Pumping Station and Force Main is
constructed 2.nd .made operational; and
WHEREAS, the Manager in the interim desires to provide a limited
method of se'\vage service;
NOI\T, THEREFORE, 1D consideration of the n,utual covenants and
agreerrlents, the parties agree as follows:
1. The :Manager agrees, upon completion of the Alligator Creek Pumping
Station and Force 1'..1ain and upon the same becoming operational, to make
available to Developer at the Northeast Pollution Control Facility or Marshall
Street Pollution Control Facility sC\'.-c.ge treatn1ent for
31
units.
2.. DeveJoper proposes to cO::.struct 2. o!2veloprnent ~,~,~1-!icn is
Multi-family
lD Cn?_T3cter r cO~2sist:ng of
31
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un.its, at the follo\ving locction:
Sunset Point Road project
known as Forest Lakes
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3. In the C\cC:Jlt th:::.t the Allig2.tor Crc:'ck FUTnpil1g Sic.tion 2nd Force
J\1ain is not cOHlpleted and opeT2tioD?1 at t11e 1-!~Je Dc\-~loper is ready to
l'eccive Certificates of OCCUP2.TIcy for tlle- tlnits described in p2T2.graph t\VO
(Zl. tllen, upon the Developer
rneetinno ~ne tcrrns set out belo'\\! the ]\.12nc_aer
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will permit the Developer to collect sewage at a designated manhole within
the above development and transport such sewage by tank truck to a treatJ-'lent
facility as designated by the Manager. Such alternate method of sewage
services shall continue only until such time as the Alligator Creek Pumping
Station is cO!Tlplded and made operational.
4. The Developer shall post a bond or provide a nonrevokable
letter of credit in favor of the, City of Clearwater which shall guarantee an
2.J~o.\lnt equal -:':'0 the costs of transpo.rting se\vage from the develop.rne;-.it lor
a period of one (1) year. A cost estimate relating to such transportation
shall be prepared by De\'eloper's engineer and such estimate shall include
allov/ance for expected fluvl vo]ulne increase and a 100/0 factor for inflation~
5. Developer agrees to assume the defense of and save the :Manager
harmless fr'om any and all claims for personal injury or property danlage
that may be made against the Manager by reason of the activity permitted by
paragraph three (3) including any claims made by parties located in the
development described in paragraph two (2). In satisfaction of this obliga-
tion, Developer agrees to provide a policy of insurance naming the City of
Clearwater as an insured, which policy shall have the following limits:
Posted a check for $ 15,620.00 on September 2, 1981 to be .
redeemed by a policy of equal amount.
6. Upon the Alligator Creek Pumping Station being completed and
becoming operational, Developer agrees to jmmeciately connect to tl1e City
of Clearwater collection system.
7. De\~eloper Ci.grees not to c1i.5continue the service permitted by
this agreenj(:nt u.ntil such time as the connection required by paragraph
six (6) is nC. de.
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8. This temporary sewer service agreen-,ent may not be assigned
or otherwise transferred by Developer.
9. The above terms constitute the entire agreement between the
parties.
IN WITNESS 'WHEREOF, the parties hereto have set their hands
Cind seals on the d2.te set ont abo\'e.
"\\'itnesses:
By
~"N'll-J.O L. HOElvlAKER
CIT Y MANAGER
A s to City lV'l.ana ger
;f '?';-J ,;J /~ 6~ -::;?;.r C---
Vi,T'ltnesses:
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CJ1t.~c1 010 (J ~
chf~ .d. ~~
As to Developer
By
DEVELOPER
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