SEWER - VICTOR G. ABAD AND CLARA DOLORES ABAD77164262
O.R. 4612 PAGE 1399
AGREEMENT
This Agreement, made and entered into this 17th day of October,
A. D., 1977, by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and Victor G. Abad, and Clara Dolores Abad, his
wife, of l732 W. Manor Avenue, Clearwater, Florida, 335l5,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal ~oundaries of the City of Clearwater
but within the Ci.ty of Clearwater service area:
The South 30 feet of Lot 27 and the North 30 feet
of Lot 28, in Clearwater Manor Subdivision,
according to the map or plat thereof as recorded
in Plat Book 41, Page 66, of the Public Records
of Pinellas County, Florida;
and
WHEREAS, the Owner desires to connect to the City sewer main a:l1d
is agreeable to signing an Agreement with the City for municipal sewer
WHEREAS, the City is agreeable to furnishing said services upoa<:r: ~ ~
NOW, THEREFORE, the parties hereto hereby covenant and agrsEOO 2 ~
1. The City does hereby agree to provide sewer services, subje%~ 'S 0,
to the terms of this Agreement, and to permit the Owner to connect to its E-t
services; and certain conditions and considerations;
as follows:
sanitary sewer main at the Owner's expense. The City shall not be Hable
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.
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O. R.4612 PAGE140Q
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer service
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 an application
to annex at that time, and the City will have the right, upon sixty (60)
days' written notice to the property owne!, to initiate action to annex the
property to the City. Filing fees shall be waived by the City,
(c) The Owner agrees that the terms and provisi.ons of
this Agreement shall be binding upon its successors and assigns, and
the City shall record this document.
(d) 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 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 menti.oned in the Deed to said owners.
(e) If the Owner or its succes s or s, or as signs, or any
subsequent owner, shall default in the performance of the terms and
provisions of this Agreement, and the City shall institute legal pr oceedings
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 ther ewith.
3. This Agreement shall continue until cancelled or terminated by
either party giving sixty (60) days' notice (written) to the other party of such
termination.
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a, ~,4612 PAGE1401
4. 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.
CITY OF CLEARWATER, FLORIDA
By
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COUN TERSIGNED:
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Mayor-Commis ner .
OWNER:
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By
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Victor G. Abad
as to Owner:
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Mid AJ;J;iV'ffd
Clara Dolore s A bad
NOTARY PUBLIC STATE OF FLOlllDA AT LARGE
MY CO,l,\MISSION EXPIRES Mt.R. 41981
~~;f}_Tt1rd cP4~ ~;77 ,~~~
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W ness .
l732 W. Manor Avenue
Clearwater, Florida 33$15
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STATE OF FLORIIA
Q. R.4612 PAGE1402
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COUNTY OF PINELLAS
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I HEREBY CERTIFY that on this t1 day of L ,
A. D. 19~, before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, R. G, Whitehead and Gabriel CClzares, 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.
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My Commission Expires:
Notarv Pubk State of Florida at Large
M;/ Commi~:i~:l Expires $Cilt. 29, ]':;81
l::or.c:eC By American F;rc &. Casuulli Company
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STATE OF FLORIDA
ss
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
acknowledgments, personally appeared Viator G. Abad and
en A rya Dnl o:re SI AbAd
to me known to be the person(s) described in and who executed the,:fo:l'~gping
Agreement and acknowledged before me that he executed th~..,sa~~:-,),: ".
aforesa~I~~:S~:7 h~:~ :~d off~the coun~ ~~~[~7t:~t
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My Cornmis sionExpires:
'!r, 1(. P'"',I(<;TATEOFFLORIOAATl'r-;
M CO"M1S'ilO"l EXPIRES M~R. 41931
,OI~D.D THRU GENERA.L INS. UNJ~?W~I
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