SEWER - R. H. C. ASSOCIATES - REF ORIGINAL AGREEMENT WITH THIRD COLCHESTER PROPERTIES INC
., .
01, C~Sh 1~
t\O.RCC~
f.1 S~
42 ~~;!ji _-----.-.-------
43 \r;~ ~l:> ",,,,
:>, \O..~
cv WHEREAS, the CITY OF CLEARWATER, a Florida municipal
;:'p~
.-e:' 8 l:-
~ -;:; ~' corporation, hereinafter referred to as "City", entered into a sewer
Oll:)
p~ C'<\)
.C'<\)
o CIS I
. . 'T::Ji
" I'r:~ 'I:::
, \ ,",01
i:"'1 ;,~; ~
u.2..,8 ~;
~:J c;cr $..{'-'
~q R;: cv
I-;~
<rI gJ ~!
,c.~! 0 ~.
~~ ~"~ ~
Ul"';j 00)
~,_~ r--~ ~
!.::lO""
8::QO
Sf
*-.:: ~ ...
;i .~ g
'-' i '.
", '"
~":~'- ==
(~~.~ ?
:..-" ~ '-
~ '- 0::
:~:::: 1!;:
"l';' -.1 .-.;,
...J a::
UJ lo.i
z: .~
O:-:f~
I
I
.n,t4511 p^Cf1784
71024685
--------
AGREEMENT
services contract entitled "Agreement" with Third Colchester
Properties, Inc.
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
June 10, 1970
, for the following des cribed real property located
outside the municipalUmits of the City of Clearwater, which property is
pres ently owned by R. H. C. ji ~ .._L:~~l 455 DC ,~s
~
r-
..
hereinafter referred to as "Owner":
That part of Lot 8, in SW 1/4 of Section I, 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 described
tract: Begin at the Northwest corner of the SW 1/4 of said Section 1, and
run S 00008'0211E 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 89006'54"
E along said right of way line, 30.00 feet to the Point of Beginning;(see Addendum
WHEREAS, the sewer services agreement provided for an annual A)
::c
u-
\D
....
~
r--
-
&!
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City, and
r:!:l
.-\
,'.l
WHEREAS, the contract provided that the annual charge would begin
..='~ i---t~ ~ ::~ "1.
;~~ t1: >" .,~ two (2) years after the signing of the contract and would be terminated when
~:-~ ~~ ,: :;~ the property was annexed into the City, and
~ i, ~,:: '\.~~ WHEREAS, it was the intention of both parties to the Agreement to
'..,
,.1
, . ~
-:l have said property annexed into the City of Clearwater, and
j
WHEREAS, it is now apparent that said property cannot be annexed
into the City, and the annual charge will continue to be assessed against the
property and will constitute a lien thereon ad infinitum;
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
wish to 00 released from their burden of having such annual charges assessed
against said property; and
WHEREAS, the City Commission of the City of Clearwater has, by
motion dated
January 20, 1977
, authoriz ed the execution of this
',< l,);
-1-
,<'0\1
o/-oc/.r ~
I
,
'OJ.4511 p^cf1785
Agreement and Release, which release. or a copy thereof, is attached.
marked Exhibit B. and by reference made a part hereof;
NOW, THEREFORE. the parties hereto hereby covenant and
agree as follows:
1. The City does hereby agree. subject to the terms of this agreement.
to continue to provide the owner with s ewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work.
or any caus e beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said release, attached and marked Exhibit B,
shall be executed following payment of the annual charges assessed on the
real property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs nurnbered
1 and 2, immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
boundaries are charged. and as is provided by City Ordinance, as long as
such real property remains outside the municipal boundaries of the City
of Clearwater.
(b) 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.
(c) The Owner agrees that in the event that the property
which is the subject of this agreement becomes eligible for annexation, the,
Owner shall petition the City for annexation into the limits of the City and
as a matter of fact, this Agreement may be considered a written request
to annex.
-2-
. ,
I
I
n.t45111'^Gf1786
IN WITNESS WHEREOF, the pi rties hereto have caused this
agreement to be executed this 1m' day of ~~-<.<.~A1
A. D. 197L. . .;f
,'" ~ I
TEl( FLORIDA
By
Countersigned:
#~~
Mayor-Commissi r
."
<,...:
/
Signed, sealed and delivered in
the presence of:
~/~
.! ';
;1) /. / {f ~ r,. e. C---' ,;~~,_ t' (I a--0-
As to City
1~ 1Mv'
f( He.. A~SCCi~
~ Y:.-L.Lu/'"
As to CdWne~ ~
(by ~~~
~~,vuux, Pftflj/J~_
OWNER
STATE OF FLORIDA
COUNTY OF PINELLAS
,I
I HEREBY CERTIFY, that on this / 7 ~ day of '*~J __
A. D. 197.:!..-, before me personally appeared Plcot B. Floyd, Thomas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner 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.
My Commis sion Expires:
7~c
Notary blic
~~"',
,.).....:. ,I,;,; ",'.1,
,,- C\ b" ,'-
/'" }~.,~"'.'" ~'.
:: .} ...., ,)
~ .y~ f ~i."
't~ \t,\ \,/ L:'" I
~<:'>-"""'l -<.!..
oIo'?L "
""'~",f "-,,,.,
IJ'I I ~..
./
NiiIlip;: P hi! s
WI r;;, fate of FJ ..J t
My Co . . . orla.. at ..rOll
Jl ntm.ssJon Expires Sept 29 1977
onded b A . . '.
'I Inencan FlrC~ 8. Casualty Co.
" .
-3-
I
I
STATE OF FLORIDA
.o.t4511 f'^GE1787
COUNTY OF PINELLAS:
/
./
BEFORE ME, the undersigned authority, this day personally
appeared and
to me well known and known to me to be the individuals described' and
who executed the foregoing instrument as President and Secret y respectively,
of the Corporation named in the foregoing instrument, and t y severally
acknowledged to and before me that they executed said in rument on behalf
of and in the name of said corporation as such officer , that the seal affixed
to said instrument is the corporate seal of said cor oration and that it was
affixed thereto by due and regular corporate au ority; that they are duly
authorized by said corporation to execute sai instrument and that said
instrument is the free act and deed of sai orporation.
IN WITNESS WHEREOF I ha
official seal this day of
set my hand and affixed my
, A. D., 19
Notary Public
State of New York)
)ss:
County of Nassau )
BEFORE ME, the undersigned authority, this day personally
appeared Roderick H. Cushman, to me well known and known to me to
be the individual described in and who executed the foregoing
instrument as General Partner of RHC Associates, the Company named
in the foregoing instrument, and he acknowledged to and before me
that he executed said instrument on behalf of and in the name of
said Company as a general partner; that he is duly authorized and
empowered by said Company and by its partnership agreement to execute
said instrument and that said instrument and the execution thereof
is his free act and deed and the free act and deed of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my ofiicial seal this 7th day of February 1977.
" '
~1. .
~~ )L ~~
, )
Notary Public
liNDA McKEAN
Notary Public, StotG ,)f New York
No. 30A522g~37
Qualified in t'lc,S:;:lU Cot~nty
Commission Expires March ,,0, 1978
-4-
I
I
ADDENDUM A
'OJ.4511 f',\CE1.788
(continuation of legal description from page 1)
thence continue S 89006'54"E along said right of way line 150.00 feet;
thence S 00008'02''E parallel to the West line of said Section 1,
150.00 feet; thence N 890061541'W, parallel to the South right of way
line of Sunset Point Road (S. R. S588), 150.00 feet; thence N 00008'02" W
along a line parallel to the West line of said Section 1, 150.00 feet to
the Point of Beginning;