SEWAGE DISPOSAL PLANT CAPACITY WITH AMENDMENT
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A GR E E ME N T
THIS AGREEMENT, made this Jt. ~day of November, 1953, by
and between the CITY OF CLEARWATER, a duly incorporated municipality
in the State of Florida, Pinellas County, hereinafter referred to as
"City", and SOUTHLAND DEVELOPERS, INC., a Florida corporation, here-
inafter referred to as "Developer."
WITNESSETH: That in consideration of the sum of EIGHT
THOUSAND ($8,000.00) DOLLARS to the City in hand paid by the Developer
the above date, receipt of which is hereby acknowledged, and in fur-
ther consideration of mutual covenants and agreements herein con-
tained, and other good and valuable considerations,
IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
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1. That the City agrees to furnish to the Developer,
sewage disposal plant capacity in amounts sufficient to service the
following described property belonging to the Developer, and to fur-
nish a lift station for the purpose of pumping sewage from said
property to the sewage disposal plant:
SKYCREST TERRACE SUBDIVISION, according to the map
or plat thereof as recorded in Plat Book 33, Page
47 Of. the Public Records of Pinellas County~ Florida,
and the following land of which SKY CREST TE~RACE
SUBDIVISION is a part:
The land specifically described in a replat of all
of the First Addition to Marymont as "Beginning at
the Southeast corner of Section 12-29-15, run North
along the section line 1327.5 feet, thence South
89 deg. 43' West 2704.1 feet, thence South 0 deg.
10' West 1329.75 feet, thence North 89 deg. 42'
East 670.2 feet~ thence North 35.0 feet, thence
North 52 deg. 54' East 100 feet, thence South 37
deg. 06' East 75.0 feet thence South 35.0 feet
thence North 89deg. 42' East 1862.8 feet to POB,
containing 72.514 acres ,exclusive of streets as
platted" as same appears of record in Plat Book 19,
Page 93, of the Public Records of Pinellas County,
Florida, less that portion of Block thirty-eight
(38) described as fallows: Begin at the Southwest
corner of Block 38 run northeasterly one hundred
(100) feet along the south line of Tampa Boulevard,
thence Southeasterly 75 feet to a point on the north
line of Drew Street and 125 feet East of the said
Southwest corner; thence Westerly along the North
line of Drew Street 125 feet to point of beginning, and
LESS and except that portion of a replat of Marymont
First Addition as aforesaid, which lies South of
Tampa Boulevard.
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2. The Developer will pay to the City the pro-rata cost
of the sewage disposal plant capacity necessary to serve the above
described property, which cost will be figured on the same basis
as the cost for sewage disposal plant capacity necessary to serve
the several units of Skycrest Subdivision. The Developer will pay
said cost to the City in full immediately upon the first connection
of a sewer line in the above described property, two trunk lines
served by said sewage disposal plant. FIVE THOUSAND ($5,000.00)
DOLLARS of the foregoing figure of EIGHT THOUSAND ($8,000.00)
DOLLARS is a deposit by the Developer with the City toward this
cost, and operates as a bond for the faithful performance by the
Developer of this portion of this Agreement.
3. The Developer will pay for the lift station the
exact cost thereof, and will pay the amount of the cost thereof
to the City by installments, as respective payments become due by
the City to the contractor constructing said lift station. THREE
THOUSAND ($3,000.00) DOLLARS of the foregoing figure of EIGHT
THOUSAND ($8,000.00) DOLLARS is a deposit by the Developer with
the City toward this cost, and operates as a bond for the faith-
ful performance by the Developer of this portion of this Agreement.
4. The City shall install in the above described
property a complete system of sewer lines at an approximate cost
of SEVEN THOUSAND ($7,000.00) DOLLARS, and shall construct the
mains necessary to connect said sewer system to the present sewer
system of the City at an approximate cost of ONE THOUSAND ($1,000.00)
DOLLARS, and that the total cost of these two improvements shall be
assessed against only that portion of the above described property
which is embraced in the above plat of SKYCREST TERRACE SUBDIVISION.
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IN WITNESS WHEREOF, the parties hereto have hereby set
their hands and seals the day and year first above written.
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CITY OF CLEARWATER, FLORIDA
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Counters. ned:
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yor-Comm sioner
Atte'st:
erk
Witnesse as to execution by
City of Clearwater:
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SOUTHLAND DEVELOPERS, INC.
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President
Attest:
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itness:s as to execu
Sout d Dev 1
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AMENm,'lENT TO AGHEEIJ:ENT
I'J.. , : HI S A~TIlND!mNT TO AGREHTIlNT. made t hi s 1S',l/; . day 0 f
~ , 1954, by and between the CITY OF CLEARWATER, a
municipal corporation existing under the laws of the State of
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a Florl"da Cornor~t~c~
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the parties to the foregoing Agreement of l'(ovember 16, 1953..
WITNESSETH: That in consideration of the return of
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the City to the Developer, the above date, re-
ceipt of "\"1:1ic11 is hereby acknowledged, and in further considera-
tioD of the mutual covenants and agreements herein contained and
otter good and valuable considerations,
IT IS r";UTUALLY AGREED BY AND BETWEEN THE PAHTIES HERETO
AS FOLLOWS:
1. That the Agreement of November 16, 1953, be amended
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by deleting from the sixth and seventh lines of the first page
of said 3;:';r'8eD18Ylt tL,;:; lI'lOrJs and fiG"J.re~), "EIC]T ':.'!:OeSA~m (::!,p, 008..00)
DOLLARS", and snbstituting therefor the words and figures, "TEN
(tlO.OO) DOLLARS".
2. That said Agreement be amended by deleting fro~
paragraph 1, page 1 of said Agreement the following words: "and to
furnish a 1 ift station for the purpose of pumping se,.,age from said
property to the sewage disposal plant~"
3. That said Agreement be amended by deleting the
following words and figures from paragraph 2, page 2 of said agree-
:7';]cnt: "FPrr THOUSA}:D U~"5, 000.00) DOLLARS of the foregoing fiE'Jre
of EIGHT THOUSAND (~8, 000.. 00) DOLLARS 1s a deposit by the De1;elcpc::.'
v!ith the City toward this cost, and operates as a bond for the
faithful performance by the Developer of this portion of this
A!!ree!1lent."
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4. That said Agreement be amended by deleting paragraphs
3 and 4, page 2, of said Agreement, and by substituting therefor
the following paragraphs:
"3. The Developer hereby agrees to construct the follow-
ing improvements at its own cost:
A. A lift station for pumpin~ sewa~e from the
above property to th8 SeVlaE8 Disposal Plant..
B. A complete system of sewer lines..
C. A system of mains necessary to connect said
sewer system to the present sewer syste~ of the
City.
The above improvement shall be constructed according to the
plans and specifications furnished by the City, a copy of
\'Thich is attached hereto anJ is bJ' reference made a part
hereof.. The City Engineer shall conduct periodic inspection
for compliance with the said plans and specifications.
'4. In the event that other users desire to connect to
or use any portion of the capacity of the lift statlor. to be
constructed by the Developer, the ~eveloper shall have the
right and privilege to charge said user or users for the use
of said lift station a share of the cost of constructio~ of
said lift station represented by the relationship between the
portion of the capacity to be used by the said user or users
to the overall capacity of the said lift station. ~he City
hereby relinquishes any and all right it may have or ever
have to refunds or pro-rata reimbursements of any nature or
p3.T,,,mts for ;J:3C of' ~.:.he sa.:i.d lif'tstatio1'1."
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IN WITNESS WHEREOF, the parties hereto have hereby set their
har;ds-e:n'0.'se~ls the day and year first above w".itten.
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CITY OF CLEARWATER, FLORIDA
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Attest:- _~
Countersign a:
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layor- ommJ.sSJ.oner
Approved as to form and correctness:
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SOUTHLAND DEVELOPERS, INC.
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Secre ry
vVi tnesses as to execution by
Southland Developers, Inc.
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