SEWER - THIRD COLCHESTER PROPERTIES INC71022943
O.R. 3494 PAGE 974
AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of June, 1970,
by and between the CITY OF CLEARWATER, FLORIDA, a rnunicipal corporation, hereinafter referred to as "City", and
THIRD COLCHESTER PROPERTIES, INC.
a Delaware corporation, hereinafter
referred to as "Owner";
WIT N ES SET H :
WHEREAS, the Owner noW owns the following described real
property and has constructed a building thereon:
That part of Lot 8, in SW l/4 of Section l, Township 29
South, Range 15 East, as shown by plat of Pinellas Groves.,
Inc.. recorded in Plat Book 3, page 15, Public Records of
Pinellas County, Florida, lying within the following d~scribed
tract: Begin at the Northwest corner of the SW l/4 of said
Section 1, and run S 000 08102" E along the West line of said
Section 1, 50.00 feet to a point on the South right of way line
of Sunset Point Road (S. R. S588); thence S 89006154" E along
said right of way line, 30. 00 feet to the Point of Beginning;
thence continue S 890 06t5411 E along said right of way line
l50. 00 feet; thence S 000 08102" E parallel to the West line
of said Section l, 150.00 feet; thence N 89006154" W J parallel
tothe South right of way line of Sunset Point Rea.d {So R. SS88}.
l50. 00 feet; thence N 0000810211 W along a line parallel to the
West line of said Section 1, 150.00 feet to the Point of Beginning;
and
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 parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree, subject to the terms of this agreement,
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to ~mit t~Owner to connect to its sanitary sewer rnai.n at the Owner's
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ex~se.c:~?s~ City does agree that such connection for the treatrnent of
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O.R. 3494 PAiJE 975
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sewage will at all times be continuous, howeve 1', the City shall not be liable
for any damage 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 th~ covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
..(a) To pay the normal sewer connection charge to the City on the
same basis as pers ons living outside the municipal boundaries are charged.
(b): The parties hereto do further covenant that 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. Payments shall be made on January lst of each year. In
the event saiji property should be annexed into the City at a later date, then the
foregoing annual cha:i:gesh...llnot be b. effect.
(c)' The Owner agrees that this agreement shall be binding upon
its heirs, successors and assigns, and that the .City may record this
document if it so desires.
(d) The Owner agrees that the terms and provisions of this agreement
shall be a commitment and oblig<;ttion 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 subsequent owners of said described real
property whether or not mentioned in the deeds to said owners.
(e) If the Owner, or its successors or assigns or afiysubsequent
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owner shall default in the performance of the terms and provisions of this
agreement and the City shall institute legal proceedings to enforce the terms
and provisions hereof, the Owner, its successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a
reas onable attorney's fee in connection therewith.
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3494 PAGE~76
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II
O.R.
IN WITNESS WHEREOF, the pa.rties hereto have caused this
,
agreement
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to be executed the day and year first above written.
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Approved as to form & correctness:
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1911.'/
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Signed, sealed and delivered in
the pres ence of:
THIRD COLCHESTER PROPER,TIES IINC~
orr: Hn~ ~:2$J1"r.~ER.~- ~HH.W ~'.n~_
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As to City .
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resident .
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(SEAL)
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As to Owner
Attest:
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Secretary
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&T A TE OF FLORIDA )
)
COUNTY OF PINE LLAS )
/q7/1 HERE.BY CERTIFY, that on this :JY~ day of /)t?~.
A. D. ~ before me personally appeared Merrett R. Stierheim, Herbert M.
. Brown, R~ G. White11ead and H, Everett Hougen, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
'Florida, a municipa.l corp:nation, to me known to be the individuals and officers
described in and who executed the foregoing Agreement and severally acknowledged
the execut\on thereof to be their free act and deed as such officers thereunto
duly authofized; and that the official seal of s~id municipal corporation is duly
affixed Ihe,'reto, and the said agreement is the act and deed of said corp:>ration.
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~'N:E?SS rn)' signature and official seal at Clearwater in the County of
. eUas and State of Florida, the day and year last above written.
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Notary Public
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~iMy COmmission Expires:
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My (Oi7:::~ ;';~:1 C:'/;':::i C;,L 22, 1974
Bonded by Amer;:..:..n ~;rA P.. r~<.....Il;y r
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O.R. 3494 PAGE977
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STATE OF ~LOR.IDA )
COUNTY GF ~ ~~
~re me, the undersigned aU~his day personally appear.ed
p ~/ and I~'
to m'e well known and known to me to be trrA.individual~described in and
who executed the foregoing instrument a~ J3l-esident aritr~~c retary res pectively,
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of the Corporation named in the foregoing instrument, a.nd they severally
acknowledged to and before me that th~y execu~ea said instrument on behalf
of and in the name of said corporation as suc~ officer~; that the seal affixed
to said instrument is the corpora~e seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authorized by said corporation t9.execute said instru11."lent and that said
instrument is the free act and deed of said corporation.
. IN. WITNESS WHEREOf' I have h~et m.y hand and affixed my
official seal this ~ day of , A. D. 197~.
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Notary Public
My Commission Expires:
WALU:R R. MAY
Notary Public, State of New York
. No. 24-7775850
Qualified In K.l'gs Count~
Cert. Filed in New York County
CoIllID~ssion Expires. Mar~h SO, 1911
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