SEWER SERVICE AGREEMENT (8)
"
~.. '
.In_~L
,; ,
~ ~.f ~l
-1-.-
^,'
AGREEMENT
rt-.
THIS AGREEMENT, made and entered into this ~ day of,
,~ ,A.D., l~ by and between the CITY OF
CL~ATER, FLORIDA, a municipal corporation, hereinafter referred
co
, ~
r--
0:) "'T
,,- co
\ ~- ~-
-.::r to
O..~X~
0:: 0
I-wco
Z-l -l
0: 0 lLl u..
:::> 0
I-~LL -
w_u.ffi
0:001-
1-<(
(/)$
Oce
0..<(
w
-'
o
to as "Clearwater" ; the
CITY OF SAFETY HARBOR, FLORIDAj a
municipal corporation, hereinafter referred to as "Safety Harbor";
and JAMES W. DOUGLAS, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner owns the following described property
(herein, the "Property") illustrated in Exhibit A attached hereto
and made a part herein:
, >.
, ...Q
co
-"j<
I ~ ~ 51
. (Q ~'
I @. ~ t
~ .!:S r:.Q co
., ~ >-. 0' ~
~..!:l~) ~~~
m oa S _~,! ~
~ ~ .S .~
~~g ~ :r)~
~~..~~~~
,...( C",;.) f-.-. ':;..
C,) .:::- ~~ ;;
S~jua~~~
~ ~ ~9-2 ~
~ ~ (.) ~
.S d g
.~ t-,O
~ U
~...,
The South 60 feet of the West 80 feet more or
less of that part of Government Lot 1, in
Section 10, Township 29 South, Range 16 East,
lying South of Alligator Creek and East of
County Road 30 (Bayshore Blvd.) (1295 North
Bayshore Blvd.)
which is located within the City of Safety Harbor; and
WHEREAS, Safety Harbor does not presently have sanitary
sewer service available to the Owner; and
WHEREAS, the City of Safety Harbor has no objection to
Owner connecting to the City of Clearwater sanitary sewer system;
11 RECORDING
ACCT I
WHEREAS, the parties are agreeable to furnish said sewer
REC
FEES
MTF
PTG __
PIC
DOC __
INT
TOTAL agree as follows:
~
@"
services, subject to the terms of this agreement, and to permit
ervices upon certain terms and conditions;
NOW, THEREFORE,
the
parties
hereto
hereby
covenant
and
1.
Clearwater
does
hereby
agree
to
provide
sewer
the Owner to connect the Property to its sanitary sewer at the
Owner's expense.
Clearwater shall not be liable for any damage
resulting from any unavoidable cessation of treatment or the
,.~,
- 1 -
~ i\ . ','" .
'---- ---- ----------
, '- /-
"
I I
J _~~~t_
{'f!
furnishing of services caused by Acts of God, fires, strikes,
casualties, accidents, necessary maintenance work, breakdowns or
destruction of machinery or pipe lines, civil or military
authori ty, insurrections, riots, or any other cause beyond the
control of Clearwater.
2. That the Owner will pay normal sewer connection
charges to Clearwater, and will pay normal 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 Owner agrees that the terms and provisions of this
Agreement shall be binding upon their successors and assigns, and
that Clearwater shall record this document.
4. The Owner agrees 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 Owner 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, 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 Owner, their successors and
assigns, or any subsequent owner, shall default in the performance
of the terms and provisions 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:
- 2 -
'.
~
I I
I
J. j, i :
.'1.
!"
(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.
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
P.O. Box 4748
Clearwater, Florida 34618-4748
(b) City of Safety Harbor, Florida
750 Main Street
Safety Harbor, Florida 34695
(c) James W. Douglas
1295 North Bayshore Blvd.
Clearwater, Florida 34619
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
ssioner
Manager
Approved as to form and
correctnes .
City Attorney
nd
Attest:
City Attorney
WITNESSES: ./7
~ 'n7.~~
~~~~/~
to (OWNER)
~.t't/ t26:Jdl<;!'/t04
Jam s W. Douglas
- 3 -
I I
I I, "
. .,: ,~
STATE OF FLORIDA
COUNTY OF PINELLAS
A.D., ~9~~:;Il>:~ t:::s~::aJ~; a~~ed da~O~f ~.A:
Galbraith, Jr., Cyndie Goudeau and Rita Garvey, 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 said corporation.
My
Commission Expires:
~ Notary Public, Slate of Florida
My Commission Expires April 20, 1993
~_.I_onded Thru Troy fam ~ Insurance Jn~
seal at Clearw:~;tef~a~n
the day andyeci~.fll~~t
/Jftiol "
,~l('~.~'\ ' ' , ':~~
',r "
. - ..!., ,')~~\ ~
WITNESS my signature and official
County of Pinellas and State of Florida,
written.
STATE OF FLORIDA
COUNTY OF PINELLAS
dd, day of j)k~.dA-/ ,
A.D., 1989, before me personally appeared John J. Downes, Robert
Hoskins, Bonnie Haynes and Arthur Levine, 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.
I HEREBY CERTIFY, that on the
WITNESS my signature and official
County of Pinellas and State of Florida,
written.
seal at Clearwa:t:er ~!.l:,. th~;,~b
the day and year ~\~~~~'fP~'V:~;;:~
.. '<p~"~~-- ;,~~J~~~\
D ~;. <;, '-' /9 ~:
~.'~~\~k,~~\'~!;;;'~ ~.; "
',>, ..vI' '....~.;<~<i,:~.
;i~'(~;.~,;,'~. .
'~~::};:;':,\.
-My Commission Expires:
NOTARY PUBLIC STATE OF HORID~
MY COMMI;;.no~ nf' MIR ,1 I ~Ql
BOKOED THFJ GE~ER~L I~S. u~o.
'. '-"-~
STATE OF FLORIDA
COUNTY OF PINELLAS
;,'-
My Commission Expires:
'\?:'"i,.:','-"
BEFORE ME personally appeared James W. Douglas to me wE3~ic'd
known and known to me to be the individual described in ,a!1d'Ji,whO'i
executed the foregoing Agreement and acknowledged before mE::!:t:h.a~t
executed the same for the purposes therein expressed .-;;.;;.....~..~:~;:::!:;;~>?,
,(;'i{);::::":;.~,;<~ '" .:.':{1:
c:< /,4k!..:.:"(!,,9-a~~:e,,~;.;~~. :.'.~'/
;i~ . if ..'<1!'~~~;'D,,-,,:~,'<{:.\:i~
~..;,.f, : 'c' : ,it ,~ 0' >:oo,Jc,;'f:,..:' jjl"
"",,~:i :; 'i<4' 0 ,) ~"'" L ';17
>lb} '\/'~~;'~t . ,'ii..; -<'?:i/
Notary'''$Pl1b-l. .
./7 WIT~~~5 my hand and official seal this
~ , A.D., 1989.
- 4 -
, '
'- I" c
. "
EXHIBIT "A"
I I
I
.'
. '
,
.
~
~,
-q(
(/
G'
-qr
0-1>
See I. ,". ~ 0.0 .
.j" '"
..',:
I ...'..:
C ;..
l.v
<<-
0/
.:c-
o
.l..
'\{
Q:;
'.~'
~
~
~
..:? ..':
.\.; :.~."
~,
,
~
"
.'
.
~
-:.. :=-.~ /~ ::: or
\
/
/
/
/
/
/
LOT I
LOT 2
(y
NOTE This is not
o SUrvey
THE SOUTH 50 FEET
QF GOVERNMENT LOT
rAS- Iv.r'~ S~"-"
'- I, L. 1 ~\J U..Jin
CBAYSHORE BL VD, :i
OF THE WESi 80 ;EET MORE OR LESS OF THAT PART
1 IN SECTiO~ 10, TO~NSHIP 29 SOUTH, RANGE 15
O~ A~L!GATO~ C~EEK AND ~AST O~ COUNTY ROAD 30