SEWER AND OR WATER - UNION STREET UNITED METHODIST CHURCH INC.79100414
O.R. 4870 PAGE 1232
AGREEMENT
THIS AGREEMENT ~ made and entered into this Ii day of
r .' A.D., 19~, by and bethwee~ thfte CITY
OF CLEARWATER, FLORIDA~ a municipal corporation~ erelna er
referred to as "City", and
UNION STREET UNITED' METHODIST CHURCH; ING~'
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municip~l boundaries of the City of Clearwater
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but within the City of Clearwater service area: Begin at the NW corner of the
NEi- of Section 2, Township 29 South, Range IS East and run S89D l5'23"E 144.0 ft. to P. O. B;
thence S89-15'23"E 46S. 0 ft.; thence S OD07.'06"E 363.0 ft. ;thence N89D lS'23"W 47S. 93 ft.;
thence N 1 D 34'S9"E 363.0 ft. to P. O. B. Less the North 33.0 ft. for road right of way, ALSO:
1 co.rner
From the N4/0f ~ection 2, Twp. 29 South, Range 15 East and run S89D lS'23"E, along the
North line of the NEi- of said Section 2, 609.0 ft. ;thence run S OD 07'06f1E, parallel to the West
line of the NEi- of said Section 2, 363.0 ft. to the Southeast corner of the Union Methodist
Church property(See O. R. Book 1051, Page 68 of the public records of Pinellas County, Florida)
for P. O. B.; thence continue S 0- 071 06" E., 120.0 ft. ;thence run N89D lSI23"W., 479. SO ft.;
thence run N l- 34'S9"E, along the Easterly line of the property of C. D. Snyder 120.0 ft. ;
thence run S 890 lS'23"E, along the Southerly line of the Union Methodist Church pr.operty
475.93 feet to P. O. B.Containing 1.316 acres more or less. - -- .
and
~ WHEREAS, the Owner desires to connect to the City sewer and/or
to
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ti t c:.i ~ WHEREAS, the City is agreeable to furnishing said services upon
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NO,"V ,THEREFORE, the parties hereto hereby covenant and agree
as follows:
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1. The City does hereby agree to provide sewer and/or water
services, subject to the terms of this Agreement, and to permit the Owner
to connect to its sanitary sewer and/or water main at the Owner's expense.
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O.R. 4870 PAGE 1233
The City shall not be liable for any damage resulting from any unavoidable
cessation of service
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, im-
mediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer and/or water connection charges and
monthly sewer service and/or water charges to the City on the same basis
as sewer service and/or water users outside the municipal boundaries are
charged, as set out in the Code of Ordinances of the City of Clearwater,
Florida, 1962;
(b) that at such time as it becomes possible for the City to
annex said real property, this Agreement will constitute a.n application to
annex at that time, and the City will have the right, upon sixty (60) days'
written notice to the property owner, to initiate action to annex the property
to the City, Applicable fees for annexation request shall be due and pay-
able upon receipt of this Agreement for proces sing.
(c) The Owner agrees that it is to the mutual benefit of the Owner
and the City, in recognition of the eventual incorporation of the property with-
in,the City, to have site and building plans reviewed and accepted by the City
in advance of obtaining any requisite permit from Pinellas Count Yo Acceptance
of such plans shall precede the execution oft~s Agreement by the City.
(d) All property proposed to be subdivided or otherwise differenti..
ated from the original parcel described in this Agreement shall be treated as
a single parcel for the purposes of the subsequent annexation procedure,
individual ownership notWithstanding.
(e) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the City
shall record this document.
(f) 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 be a covenant
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O.R. ~ 870 PAGE 12 3 ~
which shall run with the land and shall bind and be enforceable against
all subsequent owners of said described real property whether or not it
is mentioned in the Deed to said owners.
(g) If the Owner or its successors, or assigns, or any
subsequent own~r, shall default in the performance of t~e 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 reasonable attorney's fee in connection therewith.
3. All notices to be furnished hereunder shall be furnished to the
City of Clearwater, to the City Manager, P. O. Box 4748, Clearwater,
Florida, 33518.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Approved as to form and
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Witnesses as to Owner:
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Attest:
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CJJ ,'. ~:J!lger
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. City Clerk
OWNER:
UNION STREET UNITED METHODIST ClillRaI,INC.
w~~~t;;.?!k~rrtf:f) -1 <ustees
77~
Naomi Ayres,
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Se . Board of Trustees
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O.R. 4870 PAGE 1235
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknow-
ledgements, personally appeared Walt'erMarscha]l, Ghrm..n. Board of Trustees and
Naomi Ayres, Secy. Board of"Truste-es' -, to me known to be the persons described in
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and who executed the foregoing Agreement and acknowledged before me that
theyexe.~uted the same.
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;l~1:):~:~SS my hand and official seal in the County and State last afore-
. ',<It"" >'0 ... . rL.
said't~i~~Y'J..;~a:.aYO:f . - rLtOd .'. - -- .... : -, 197 L.
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moY~T~~~W~~oi'~E ~~~ry~~~4
BONDED HIRU INSURAN{;ECOMPANY.-Of NORTH AME.RICA
,
19~ before me personally appeared Anthony L. Sh Thomas A.
Bustin, Lucille Williams, and, Charles F. LeCher, 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
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of Pinellas and State of Florida, the
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day anv.ee_aar last above w~~.:i>":;;'>
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My commission e~ires:
Notary Public, State of Florida at Large
. _MyCommiuion Expires Aug. 28, 1982
Bonded tit American fire & Ca~ually Comp.,.-y
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