SEWER - THOMAS R. SEITER AND CARRIE A. SEITER75080590
O.R. 4302 PAGE 1405
AGREEMENT
THIS AGREEMENT, made and entered into this 20th day of
May, 1975, by and between the CITY OF CLEARWATER,
a municipal corporation, hereinafter referred to as "City", and
THOMAS R. SEITER and CARRIE A. SEITER, his wife,
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
From the Northeast corner of the Southeast 1/4 of the Southwest 1/4
of Section 1, Township 29 South, Range 15 East, run South 00 17'48"
East along the North-South centerline of said Section 1, (centerline
of County Road 34-Hercules A venue) 200. 03 feet; thence run North
890 14'24" West, parallel to the North line of the Southeast 1/4 of
said Section 1, 333 feet, for a point of beginning; thence run South
00 17'48" East 210 feet; thence run North 890 14'24" West 80 feet;
thence run N 00 17'48" West 210 feet; thence run S 890 14'2411 East
80 feet to the point of beginning.
WHEREAS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the City for municipal sewer
services; and
WHEREAS, the City is agreeable to furnishing said services upon
certain conditions and considerations;
NOW, THEREFORE, the pa.rties hereto hereby covenant and agree
as follows:
1. The City does hereby ag~ee, subject to the terms of this agreement,
to permit the Owner to connect to its sanitary sewer main at the Owner's
expense, The City does agree that such connection for the treatment of
sewage will at all times be continuous, however, the City shall not be liable
for any dart.age resulting from any unavoidable cessation of treatment caused
by act of God, necessary maintenance work, or any cause beyond the control
of the City,
2. In consideration of the covenants contained in Paragraph 1
immediately above On the part of the City, the Owner agrees:
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.Q._R!.4302 PAGf1406
(a) To pay the normal sewer connection charge and monthly sewer
service charges to the City on the same basis as persons living outside the
municipal boundaries are charged.
(b) The parties hereto do further covenant that within two (2) years
from the date that said Owner connects to the City sewer main, he shall
petition the City for annexation into the limits of said City and as a matter of
fact, this agreement may be considered a written request to annex at the
expiration of said two (2) year periodo
(c) If at the expiration of a two (2) year period from the dated con-
nection to the City sewer system the above described real property cannot be
legally annexed into the City, then the Owner shall pay an annual charge to the
City based upon the tax revenue that the City would receive from real property
taxes if the property as hereinabove described was in the City, and therefore
subject to a real property tax by the said City in addition to the monthly sewer
service charges. Payments shall be made on January 1st of each year following
the expiration of said two (2) year period. In the event of annexation as herein-
above provided, the foregoing annual charge shall not be in effect.
(d) The Owner agrees that this agreement shall be binding upon his
heirs, administrators and assigns and that the City may record this document
if it so desires.
(e) The Owner agrees that the terms and provisions of this agreement
shall be a commitment and obligation which shall not only bind the present
Owner of said described real property~ but shall run with the land and shall
bind and be enforceable against all subsequenLowners of said described real
property whether o~ not mentioned in the deeds to said owners.
(f) If the Owner, or his successors or assigns or any subsequent
owner shall default in the performance of the terms and provisions of this
agreeme'nt and the City shall institute legal proceedings to enforce the te rms
and provisions hereof, the Owner, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payme nt of a
reasonable attorney IS fee in connection therewith.
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~J:4302 fAGf140i
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IN WITNESS WHEREOF. the parties hereto have caused this agreement
to be executed the day and year first above written.
Counters igned:
By
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Mayor-Commissi er .
A ttes t:
Approved as to form
an orrectness~
JUN 2 Q t975
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Signed; sealed and delivered in
the resence of:
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Thomas R. Seiter
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As to City.
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arrie A. Seiter, his wife
As to Owner
STATE OF FLORIDA )
)
QPNTY OF PINELLAS )
REBY CERTIFY, that on this 1-day of
A.D. 1975, efore me personally appeared Picot B. oyd, Guy . Kennedy, Jr.,
R. G. Whitehea nd Gabriel Cazares, respectiv City Manager, Acting
City Attorney, City erk and Mayor-Commi lOner of the City of Clearwater,
Florida, a n1\.L'1icipal cor ration, to me own to be the individuals and officers
described in and who execute he fo going Agreement and severally acknow-
ledged the execution thereof to b eir free act and deed as such officers
thereunto duly authorized; that t official seal of said municipal corporation
is duly affixed thereto, the said agree nt is the act and deed of said
corpo rat ion.
County of
WIT S my signature and official seal at Clear er
Pinella and State of Florida, the day and year last above
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Notary Public
My Commission Expires:
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_o.J,4302rAGE1408
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STATE OF FLORIDA )
)
COUNTY OF PINE LLAS )
I HEREB Y CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, pers onally appeared Thomas R, Seiter and Carr ie A.
Seiter, his wife,
to me known to be the persons described in and who executed the foregoing
agreement and acknowledged before me that they executed the S3-me,
Mv C ommis s ion Expires:
JllTI'ARY PUIlLlD STAn: or ruJlUDA AT 4l\1I0" ['
MY COMMISSION EXPIRES APlt 3 , ,,'"
BDNDED nmu GENERAL INS, UNDE:RWllntII
STATE OF FLORIDA ),
CQUNTY OF PINELLAS )
I HE'REBY CERTIFY, that on this ~ 0 day of J~~)-'-:6:~:~~'c-
A, D. 1975, before me personally appeared Anthony L. Shoema~eI' { -.:::
Guy L. KenneA~tiJr., R, G. Whitehead and Gabriel Cazares, :c .: --;:.: ., ~
respectivelt/City ~anager, Acting City Attorney, City Clerk -, ...:..- -
and Mayor-Commiss ioner of the City of Clearwater, Florida, "::::::.....
a municipal corporation, to me known to be the individuals
and officers 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
agreement is the act and deed of .said corporation..
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written.
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My Commission Expires:
Notary Pur,Iic, StaN of F10ritla ot Lorge
My Commission Expires Sept, 29. 1977
Ionded by American Fire & Casualty Co.
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RETURN TO:
CITY CLER K
P. O. BOX 4748
CLEARW A TER, FLA._ 33518
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This instrument was prepar~d by:
GUY L, KENNEDY, J.2., Acti1"g City Attc:'llt't
p, O. Box 4748
Cleanvater, Florida 33518
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