SEWER SERVICE AGREEMENT (10)
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AGREEMENT
THIS A~, made and entered into
, 1997, by and between the CITY
corporation ("Clearwater"); the CITY OF
corporation ("Safety Harbor"); and Mr.
Inc. (A Florida Corporation) (~Owner");
,1-1
this 7-' day of
OF CLEARWATER, FLORIDA, a
SAFETY HARBOR, FLORIDA, a
Timothy J. Kerwin, and/or
WIT N E SSE T H
WHEREAS, the Owner owns the property which is described in Exhibit ~A"
and illustrated in Exhibit ~B" attached hereto (the "Property"):
See Attached Exhibits ~A" and ~B"
which is located in an area which would be served by the
sanitary sewer system, but Safety Harbor does not presently
sewer service available to the Owner and such service is
available from Clearwater; and
Safety Harbor
have sanitary
more readily
WHEREAS, it is planned that Safety Harbor will eventually provide sewer
service in the area where the Property is located, and the Owner's need for
the provision of sanitary sewer service by Clearwater will cease at that time;
and
WHEREAS, Safety Harbor has no objection to Owner's connecting to the
Clearwater sanitary sewer system; and
WHEREAS, Clearwater agrees to furnishing sanitary sewer service to the
Property upon the terms and conditions set forth herein;
NOW, THEREFORE, the parties hereto agree as follows:
1. Clearwater agrees to provide sanitary sewer service to the
Property and to permit the Owner to connect to its sanitary sewer system at
the Owner' s expense, and the Owner agrees to purchase such service from
Clearwater, subject to the terms of this Agreement.
2. The Owner will be required to secure sanitary sewer concurrency
approval from Clearwater, and the Owner shall pay normal sewer connection
charges and user charges to Clearwater on the same basis that other service
users outside the municipal boundaries are charged, as set out in the Code of
Ordinances of Clearwater, as the same may be amended from time to time.
3. The Owner agrees to connect the Property to Safety Harbor's
sanitary sewer system at such time as Safety Harbor is ready and able to
provide sanitary sewer service to the Property, at approximately the same
location, upon notice by Safety Harbor to Owner and Clearwater.
4. This Agreement may be recorded in the public records of Pinellas
County, Florida. The terms and conditions of this Agreement shall be an
obligation of the Owner and the heirs, successors, and assigns of the Owner,
and 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.
TRI-PARTY SEWER AGREEMENT SAtETY HARBOR-KERWIN,WJS
APRIL 17, 1997
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5. If the Owner should default in the performance of the terms and
conditions of this Agreement, and if either city shall institute legal
proceedings to enforce the terms and conditions hereof, the 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 city shall have any and all remedies provided by law which shall be
construed as being cumulative in nature, including but not limited to the
right to immediately cease delivery of sewer service to the Property; the
right to demand and require specific performance pursuant to the terms of this
Agreement; and damages, including costs and fees.
6. Clearwater shall not be liable for any damage resulting from any
unavoidable cessation of treatment or the furnishing of services caused by
acts of God, fires, strikes, casualties, accidents, necessary maintenance
work, breakdown or destruction of machinery or pipelines, civil or military
authority, insurrection, riots, or any other cause beyond the control of
Clearwater.
7. This Agreement shall continue in effect until such time that the
Property is connected to the Safety Harbor sewer system.
8. All notices to be furnished hereunder shall be furnished to the
parties at the following addresses, or to such other address that any party
may furnish to the other party:
(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) Timothy J. Kerwin
and/or FIRSTSON, Inc. (A Florida Corp.)
2800 Leprechaun Lane
Palm Harbor, Florida 34683
(813) 787-5293
TRI-PARTY SEWER AGREEMENT SAFETY HARBOR-KERWIN.WJS
APRIL 17, 1997
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
ITY OF CLEARWATER, FLORIDA
By:
rL--
Michael J. Roberto, City Manager
to m and correctness:
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Attest:
~2:. ~.
a E. Goudeau
lerk
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Jo n C. Carassas
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, Michael J. Roberto, John C.
Carassas, and Cynthia E. Goudeau, to me well known, and known by me to be the
individuals described in and who executed the foregoing instrument as Mayor-
Commissioner, City Manager, Assistant City Attorney and City Clerk,
respectively, of the above-named city and that the seal affixed to the
foregoing instrument is the city seal of said city and the said instrument is
the free act and deed of said city.
r:p;
my
hand and
, 199~
official
seal
this
;t3~
day
of
Type
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~i ftarn>I~Y<22,1aggcnowledger
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1"~OF 'f\.~~ A1l.ANTIC BONDING co., INC.
Title or rank, and Serial No., if any
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By:
CITY OF SAFETY HARBOR. FLORIDA
By13~~
Mayor
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City Attorney
City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
.;1,
~y CERTIFY lha o~ t~J ~ ly appeared ~-It/~
Mayor, C' y Attorne , I Y er 0 t e City of Safety Harbor, Florida, a municip c oratio respectively, 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, PinellasCounty, Florida, the day and year last
above written.
~I<V p(; Ciitl>ItlAlNOTARY SEAL
0" <9(.,. KATHY S BUSHMAN
<? ~l er-, ~,rr () COMIIiIS8!OI'-l NUM6~R
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::? i: "*' <;( CC~511 In
"')?1<- 'fi? ~ MY COM~ EXPIRES
OF F\.O JUNE 25,2000
Signat re of person taking acknowledgment
/elt -I ~ ..s: If 1I.s It I't'f~ #1
T e/print/stamp name of acknowledger
M Itf~ A6ht N('(Oft,:Jlf7
Title or ank, and Senal No., Ifany
1R!,PARTY SEWER AGREEMENT SAFETY HARBOR-KERWIN.wJS
APRIL 17, 1997
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Witness Printed Signat
Wi~ St...... t'-
DEIVISE ST€ue~.N~GLE
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OWNER: FIRSTSON,Inc. a FlQF~'&&5r:p.tiGn
~~' '"~ ~ 2,.2j1$EALi
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S' natu~'a:.1,.~.=:-'~->--
Tirrothy J. Kerwin II Its: President
(Print name)
O~~~h~Ar
At~~ ~<? ~
Tirrothy J. Kerwlll, Its: Secretary
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing
m~ ' 1997 , by1i{lt~
who ~ personally
AJjA.-
oath.
Title or rank, and Serial No.,'if any
MARIAM FITZGERALD
NoCIrY PubIk:, State of FIorld8 At lMIe
My CornmIeMII. Expires Dee. 22. 1998
00InmIIaI0n Number 429101
TRI-PARTY SEWER AGREEMENT SAFETY HARBOR-KERWIN.WJS
APRIL 17,1997
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EXHIBIT "A"
PARCEL "A"
That part of the West 306 feet of the NE quarter of the NW quarter of Section
9, Township 29 South, Range 16 East, which lies North of the right-of-way of
the Tampa and Gulf Coast Railway Company, as shown on the plat of Navarra
Park, Recorded in Plat Book 9, Page 39, Public Records of Pinellas County,
Florida; less and except the North 298 feet thereof; and also less the
Southerly 30 feet lying adjacent to and parallel to right-of-way of Tampa and
Gulf Coast Railway Company and subject to the right of Tampa and Gulf Coast
Railway to extend or cause to be placed additional spur line trackage and/or
side track, from time-to-time, on or across the Southerly portion of the above
said tract, on a straight line with the existing track, being further
described as follows:
Commence at the Northwest corner of the Northeast ~ of the Northwest ~ of said
Section 9, Township 29 South, Range 16 East, Pinellas County, Florida and run
thence SOoo06'00"W, 298.02 feet along the 40 acre line, also being the
centerline of McMullen Booth Road (old alignment); thence S89011'22"E, 39.45
feet to the East right-of-way line of said McMullen Booth Road to the POINT OF
BEGINNING; thence continue S89011'22"E, 266.56 feet; thence SOOo 06'00"W,
426.80 feet; thence S 67041'00"W, 106.01 feet; thence NOoo06'00"E, 75.00 feet;
thence N89054'00"W, 175.00 feet to the East right-of-way of McMullen Booth
Road; thence NOoo06'00"E, 69.63 feet along the aforesaid East right-of-way
line; thence S89059'46"E, 7.00 feet; thence continue NOooOO'14E, 325.89 feet
along said East right-of-way of McMullen Booth Road to the POB.
PARCEL "c"
That part of the West 306 feet of the NE quarter of the NW quarter of Section
9, Township 29 South, Range 16 East, which lies North of the right-of-way of
the Tampa and Gulf Coast Railway Company, as shown on the plat of Navarra
Park, Recorded in Plat Book 9, Page 39, Public Records of Pinellas County,
Florida; less and except the North 298 feet thereof, being further described
as follows:
Commence at the Northwest corner of the Northeast ~ of the Northwest ~ of said
Section 9, Township 29 South, Range 16 East, thence SOoo06'00"W, 624.47 feet
along the 40 acre line, also being the centerline of McMullen Booth Road(old
alignment); thence S89059'46"E, 33.00 feet to the East right-of-way of said
McMullen Booth Road; thence SOoo06'00"W along said East right-of-way 69.63
feet; thence S89054'00"E, 175.00 feet; thence SOoo06'00"W, 75.00 feet to the
POINT OF BEGINNING; thence N67041'00"E, 70.31 feet; thence SOOo06'00"W 32.45
feet; thence S67041'00"W, 258.99 feet; thence along a curve to the right
having a radius of 5629.58 feet, arc of 32.30 feet, chord of 32.30 feet and
chord bearing of NOoo33'03"W; thence N67041'00"E, 189.08 feet to the POB.
PARCEL "D"
TRI-PARTY S8W8R AGR88M8NT SAF8TY HARBOR-K8RWIN.WJS
APRIL 17, 1997
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The Southerly 30 feet of that part of the West 306 feet of the NE quarter of
the NW quarter of Section 9, Township 29 South, Range 16 East, which lies
North of the right-of-way of the Tampa and Gulf Coast Railway Company, as
shown on the plat of Navarra Park, Recorded in Plat Book 9, Page 39, Public
Records of Pinellas County, Florida, less the West 273 feet thereof.
TRI-PARTY SEWER AGREEMENT SAFETY HARBOR-KERWIN.WJS
TRI-PARTY SEWER AGREEMENT SAFETY HARBOR-KERWIN.WJS
APRIL 17, 1997
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EXHIBIT "B"
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589' 1 '22"E
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sail' 1 '22.E
266,56'
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PARCEL " A"
S89'S9' 4e"E
7,00'
N89"S4'OO"W
175.00'
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PARCEL "B"
(Not Included)
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3/24/97 - 97029.dwg
Note: This is not a Survey !
PREPARED BY:
CITY OF ClEARWATER. FLORIDA
ENGINEERING DEPARTMENT
ENGINEERING SERVICES
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AFFIDA VIT
And Authorization for FIRSTSON, Inc. and lor
Timothy J. Kerwin to enter into Tri-Party Sewer Service
Agreement with the Cities of Safety Harbor and Clearwater, Florida
WE, the undersigned certify ownership of the property within this application, that said
ownership has been fully divulged, whether such ownership be contingent or absolute, and that
the names of all parties to any existing contract for sale or any options to purchase and long term
ground leases [Tbe Tenns, conditions, and provisions set out in that Memorandum of Ground Lease and
Right of First Refusal, dated April 10, 1987, recorded in O.R Book 6620, Page 950, Public Records of Pine lias
County, Florida.] are filed with this affidavit. We, certify that TIMOTHY 1. KERWIN and or
FIRSTSON. Inc, is/are duly designated as the agent for the owner, that the agent is authorized to
enter into that certain Tri-Party Sewer Service Agreement (AGREEMENT), a copy of which is
,
attached hereto and made a part hereof, and appear at any public hearing(s} involving this
Agreement. Further, it is understood that any and all costs associated with this Agreement shall
be paid by our Agent.
The foregoing instrument was acknowledged before me this /cJ day of o~
199 ~by
B.C, Davis a/k/a Bernard Carson Davis and Charlene I. Davis who ar~ ~ known to~
or who have produced as identification and who did (did not) take
an, oath.
~e l)(}~ ,
B.c. Davis a/k/a
BERNARD CARSON DAVIS Title Holder
!~1b/?!dJJ/~
Charlene I. Davis Title Holder
(SEAL)
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Notary Name
Title or Rank ("Notary Public")
Serial Number