SEWER SERVICE AGREEMENT (9)
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AGREEMENT
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THIS AGREEMENT is made this ~ day of ()C/~ 1991,
by and between the CITY OF CLEARWATER, a municipal corporation,
hereinafter referred to as "CLEARWATER"; the CITY OF SAFETY HARBOR,
FLORIDA, a municipal corporation, hereinafter referred to as
"SAFETY HARBOR"; and SAFETY HARBOR COMMERCE CENTER, INC.,
11. RECORDING
Acc~einafter referred to as "OWNER";
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INT WHEREAS, the OWNER is the owner of the property described
TOTAL 'J-rCJ
o.:::rTn Exhibit "A" attached hereto and made a part hereof (hereinafter
~the "property"), which is situated wi thin SAFETY HARBOR; and
WHEREAS, SAFETY HARBOR does not presently provide
sanitary sewer service to the property; and
WHEREAS, SAFETY HARBOR has no objection to OWNER
connecting to the City of Clearwater sanitary sewer system; and
WHEREAS, the parties are agreeable to furnish said sewer
services to OWNER upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the sum of Ten
($10.00) Dollars and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
parties hereto do covenant and agree as follows:
I<AHl..EEN F. DEBi...AI<En y ,U.EF:r<
nECORD VERIFIED BY: ~
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(!J!: ~ CITY CLERK Ce. ~ /:1/14'1/
V I7l~ Cle:~~~~E~IC;l BO~:r;~4144 00 -(: J D J~ ~
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PINEl..l..AS COUNTY FLA.
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agree to provide sewer
CLEARWITER
does
hereby
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1.
service to the property and to permit OWNER to connect to its
sanitary sewer systems, at OWNER's expense, and OWNER agrees to
purchase such services from CLEARWATER, subject to the terms of
this Agreement.
. 2. OWNER shall pay to CLEARWATER the standard sewer
~~mpact fees and user charges on the same basis that other users
~ outside the municipal boundaries of CLEARWATER are charged, as set
(~ forth in the Code of Ordinances of CLEARWATER, as the same may be
amended from time to time. OWNER shall at his expense, and in
accordance with CLEARWATER specifications, construct the app~oved
sanitary sewer connections.
3. This Agreement may be recorded in the Public Records
of Pinellas County, Florida, and the terms of this Agreement shall
be a commitment and obligation which shall not only bind the
present OWNER, SAFETY HARBOR COMMERCE CENTER, of the property, but
shall be a covenant which shall run with the land and shall bind
and be enforceable against all subsequent owners of the property
and their heirs, successors and assigns, whether or not such is
referenced in the deed to said subsequent owners.
4. If OWNER should default in the performance of the
terms and provisions of this Agreements, and
should
either
CLEARWATER or SAFETY HARBOR institute legal proceedings to enforce
the terms and provisions hereof, OWNER shall pay all costs of such
proceedings, including the payment of a reasonable attorney's fee
in connection therewith.
In the event of such default, then
either municipality shall have any and all remedies provided by
law which shall be construed as being cumulative in nature,
including but not limited to the following:
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PIN!~Ll..AS COUNTY FLA.
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( a) the right to immediately cease delivery of sewer
service to the property;
(b) the right to demand and require specific performance
pursuant to the terms of this Agreement; and
(c) the right to recover damages from the OWNER.
5. CLEARWATER shall not be liable for any damage
resul ting from any unavoidable cessation of treatment or the
furnishing of services caused by acts of God, fire, strikes,
casualties, accidents, necessary maintenance work, breakdown or
destruction of machinery or pipelines, civil or military authority,
insurrections, riots, or any other cause beyond the control of
CLEARWATER.
6 . SAFETY HARBOR hereby agrees to the terms of this
Agreement, and, in so doing, SAFETY HARBOR does not object to the
providing of sewer services to the property by CLEARWATER.
7. Any notice or other communication regarding the terms
of this Agreement shall be furnished to the other parties at the
following addresses, or to such other address that any party may
furnish to the other parties:
(a) City of Clearwater, c/o City Manager
P. O. Box 4748
Clearwater, Florida 34618-4748
(b) City of Safety Harbor, c/o City Manager
750 Main Street
Safety Harbor, Florida 34695
(c) Safety Harbor Commerce Center, Inc.
5192 West Lake Road
Palm Harbor, Florida 34684
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I~INELLAS COUNTY j=lA
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IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
f\~ By:
fii~&;RIDA
Mayor-comm~.Qi?ri~f!, I :.~.
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APPROVED AS TO FORM AND
CO~RREC.TNE~
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M.A.Galbr ith, fr.
City Attorney ~
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, on this day personally
appeared Rita Garvey, Mayor-Commissioner of the City of Clearwater, Florida,
a municipal corporation, to me known to be the person and officer whose name
is subscribed to the foregoing instrument, and he has acknowledged to me
that, to the best of his knowledge and belief, the foregoing matters are true
and correct.
,yMy Commission Expires:
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OFF '. i:~E,(i~j~t~~:zj~i'ii__E'_ll- llL~~...
FLORIDA
Levine
/Commissioner
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Bonita Haynes
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS: , /7,' .
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Alan ZillUllet ." / "V
City Attorney /
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STATE OF FLOthoA
COUNTY OF PlNELLAS
BEFORE ME, the undersigned authority, on this day personally
appeared Arthur Levine, Mayor-Commissioner of the City of Safety Harbor,
Florida, a municipal corporation, to me known to be the person and officer
whose name is subscribed to the foregoing instrument, and he has acknowledged
to me that, to the best of his knowledge and belief, the foregoing matters
are true and correct.
My Commission Expires:
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tary Public
Not". i.'..!!.,,~ State 01 FlorU.!
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SAFETY HARBOR COMMERCE CENTER, INC.
BY: ~tL4./
Mark R. Dolan
President
WITNESS:
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Mark R. Dolan, as President of
SAFETY HARBOR COMMERCE CENTER, INC., to me well known and known ,."to me to be
the individual described in and who executed the foregoi~g Agreement and
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acknowledged before me that he executed the same for thef, purpq,$es/"therein
expressed for the benefit of SAFETY HARBOR COMMERCE CEtf'tER, \J;,:~",H,~'(~:;':';~<:
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flotary ~ubUc, Stat. of Florida
My Commission Expires Nov. 5, 1991
Sonded Thru Troy Fain . Insurance InCo
No.
My Commission Expires:
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LEGAL DESCRIPTION
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f~I~\- I~l=(~ BY '77~5 PG 1444.
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A PORTION OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 29 SOUTH,
RAt~GE '16 EAST, PINELLAS COUNTY, FLORIDA, BEING FURTHER DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTH 1/4 CORNER OF SAID SECTION 4 FOR A POINT OF
REFEF:ENCE; THENCE RUN NOF:TH S90 10' 41" WEST , 700.05 FEET ALONG
THE SOUTH BOUNDARY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4,
ALSO BEING THE CENTER LINE OF STATE ROAD NUMBER 590 AS NOW
ESTABLISHED; THENCE NORTH 00. 06' 26" EAST, 40.00 FEET; THENCE
r;'UN NORTH 890 10' 41",WEST, 158.44 FEET ALONG THE NEW
R!GHT-OF-WAY LINE OF STATE ROAD NUMBER 590; THENCE NORTH 150 39'
39.5" WEST, 131.11 FEET; THENCE NORTH 31006' 41'" WEST, 164.08
FEET; THENCE t..ORTH 25055' 19" WEST, 139.00 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 89. 59' 11" WEST, 243.84 FEET TO A POINT
ON THE EASTERLY RIGHT-OF-WAY LINE OF McMULLEN BOOTH ROAD AS NOW
ESTABLISHEDj THENCE NORTH 00. '00' 49" EAST, 149.44 FEET ALONG SAID
EASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 890 59' 11 II WEST, 17.00
FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE; THENCE NORTH 00. 00'
49" EAST, 75.58 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE;
THENCE SOUTH 890 23' 29"" EAST, 233.37 FEET; THENCE SOUTH 030 05'
28.5" WEST, 149.77 FEET; THENCE SOUTH 25. 55' 19" EAST, 81.22
FEET TO THE POINT OF BEGINNING.
EXHIBIT A
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