SEWER SERVICE AGREEMENT (7)
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THIS AGREEMENT, made and entered intO' this
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D.H.5 3 3 3 rAGE 788
AGREEMENT
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, A, D. 1982, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal carparation, hereinafter referred to' as "Clearwater";
the CITY OF SAFETY HARBOR, FLORIDA, a municipal corpara tion,
!einafter referred to' as "Safety Harbar"; and MAR Y V. HELMHOLTZ
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! ROBER T L. HELMHOLTZ, hereinafter referred to as 1I0wnersl';
WITNESSETH:
WHEREAS, the Owners own the fallawing described praperty
Istrated in Exhibit A attached heretO' and made a part herein:
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That certain piece, parcel, or tract of land lying in and
being part af Government Lat 1, Section 10, Township 29
Sauth, Range 16 East, Pinellas County, Florida, being
mare particularly described as fallaws:
The upland partian af that part af Gavermnent Lot 1, lying
South of Alligator Creek and East af Bayshare Baulevard
and/ar County Raad 30, less and except the South 60.0 feet
af the West 467.23 feet lying East af said raad;
lch is lacated within the Safety Harbar Sanitary Sewer Service Area; and
WHEREAS, Safety Harbar daes nat presently have sanitary sewer
service available to' the Owners; and
WHEREAS, the City af Safety Harbor has nO' abjectian to' Owners
cannecting to' the City af Clearwater sanitary sewer system; and
WHEREAS, the parties are agreeable to' furnish said services
upon certain terms and canditians;
NOW, THEREFORE, the parties heretO' hereby cavenant and agree
as fallows:
1. Clearwater does hereby agree to' pravide sewer serVices,
subject to the terms af this agreement, and to' permit the Ownersi,!tuQannect
to its sanitary sewer at the Owners' expense. Clearwater shall not be
liable far any damage resulting fram any unavaidable cessatian af treatment
ar the furnishing af services caused by Acts af Gad, fires, strikes, casualties,
accidents, necessary maintenance wark, breakdawns ar destruction af
machinery ar pipe lines, civil ar military autharity, insurrectians, riats,
ar any ather cause beyand the cantral of Clearwater.
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O.R. 5 3 3 3 PAGE
789
2. That the Owner will pay normal sewer connection charges and
user charges to Clearwater on the same basis as sewer service users outside
the municipal boundaries are charged, as set out in the Code of Ordinances
of the City of Clearwater, Florida, and applicable State statutes.
3. The Owners agree that the terms and provisions of this Agreement
shall be binding upon their successors and assigns, and tba t Clearwater shall
record this document.
4, The Owners agree that the terms and provisions of this Agreement
shall be a commitment and obligation which shall not only bind the present
owners of said described property but shall be a covenant which shall run with
the land and shall bind and be enforceable against all subsequent owners, heirs,
successors and assigns of said described real property, whether or not it is
mentioned in the deed to said owners.
5. If the Owners or their successors or assigns or any subsequent
owner, shall default in the performance of the terms and provisions of this
Agreement, and either City shall institute legal proceedings to enforce the
terms and provisions hereof, the Owners, their successors and assigns, or
any subsequent owner, shall default in the performance of the terms and
provisions of this Agreement, and either City shall institute legal proceedings
to enforce the terms and provisions hereof, the Owners, their 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.
6. In the event that the Owners, their successors and assigns, or
any subsequent owner, shall default in the performance of the terms and pro-
visions of this Agreement, then, either City shall have any and all remedies
provided by law which shall be construed as being cumulative in nature, and
shall include but not be limited to the following:
(a) The right to immediately cease delivery of water
and/or sewer service to the defaulting Owner;
(b) The right to demand and require specific performance
pursuant to the terms of this Agreement;
(c)
The right to recover damages from the defaulting Owner.
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O.R, 5 3 3 3 PAGE 790
7. All notices to be furnished hereunder shall be furnished to the
parties at the following addresses:
(a) City of Clearwater, c/o City Manager, PO Box 4748,
Clearwater, Florida 33518
(b) City of Safety Harbor, c/o City Manager, 750 Main
Street, Safety Harbor, Florida 33572
(c) Mary V. Helmholtz and Robert L. Helmholtz
IN WITNESS WHEREOF, the parties hereto have set their handi:>
and seals the day and year first above wri en.
Attes~t: .... .....'. ..,:. ..... ........ ". ..,..;,
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City' Clerk .
Y HARBOR, FLORIDA
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City Clerk .
City Attorney
Witnesses:
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Ro ert L. Helmholtz
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~o Owners
OWNERS
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n.R. 5 3 3 3 PAGE 7 91
'STA TE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this 7 ~ day of ~ '
A. D. 1982, before me personally appeared Anthony L. Shoemak r, Thomas A.
Bustin, Lucille Williams and Cha,rles F. LeCher, 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 officials
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 instrument is the act and deed of sqid
corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above wr~~~b..
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My Commission Expi::..~~,~
Notary Public, State of Florida
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f.ic.nded Thru TTQY F..ill - InsuranliOlJ, " '
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CER TIFY, that on this .-d Lf- day of '1/)b~ ~
A, D. 1982, before me personally appeared
respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner
of the City of Safety Harbor, Florida, a municipal corporation, to me known to
be the individuals and officials 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 instrument
is the act and deed of said corporation.
WITNESS my signature and official seal at. Safety Harbor in the
County of Pinellas and State of Florida, the day and year last above written,
My Commission Expires:
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Notary Public .
NOTARY PUBLIC, State of Florida.;A.t large
My Commission Expires October 26th, 1982.
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I O.R, 5 3 3 3 PAGE 792
.STATE OF FLORIDA )
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COUNTY OF PINELLAS )
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BEFORE ME personally appeared Mary~ Helmholtz and Robert L.
Helmholtz to me well known and known to me to be the individuals described
in and who executed the foregoing Agreement and acknowledged before me that
they executed the same for the purposes therein expres sed.
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WITNESS my hand and official seal this
. A. D. 1982.
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day of
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My Commis sion Expires:
II)JAlY ~c STAn 01 ~ At ....
MY CQM.M.nION rxPIlI5 ... 210.913
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n.R. 5 3 3 3 PAGE 793
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N.W.
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OF SEC, 10, TWP.
29 S.,RGE. 16E.
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467.23'
GOV'T LOT I
GOV T- LOT Z
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NOTE
THIS IS NOT
A SURVEY
LZGAL DESCRIPTION
Botmdary survey of tl12 t certa i n piece, p2rcel, or tract of
land lying in and being r2rt of Govern~ent Lot l, Section 10,
T ()iT n ::; h i!J 2 9 Sou t h, :12 n gel 6 2 c. ;Cj t, ? i n e Ii. a s Co U:1 t y, F lor i d 2. ,
being nore particularly 6esc~ib2d as follo~s:
The upland portion of th2t 9art of Govern0ent Lot 1, lyins
South of Alligator Creek ~nd 2E~t of Bayshore Boulevard &nd/or
County Road 30, less and ~xcert the ~outh 60.0 feet of the
West 467.23 feet lyi~Z =~st of ~2id ro~d
EXHIBI T A
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