SEWER - GULF TO BAY CONSTRUCTION CO INC.
72081971
O.R. 3823 PAGE 10
AGREEMENT
THIS AGREEMENT, made and entered into this 9th day of
June, 1972, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
Gulf to Bay Construction Co. Inc.
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 NE corner of the SEi of the swi of Section 1,Township 29 South,
Range 15 East, run N 890 14'24"W, along the north line of the SE i of
the swi of said Section 1, 33.01 feet for a P.O.B., run thence SOoo17'48"
E along the westerly R/O/W line of County Road 34, Hercules Avenue (being
33.00 feet westerly of the N-S center line of said SectiQn 1), 140.02 feet
run thence N89014'24" W along the northerly R/Q/W of Calumet Street (a
60 foot R/O/W deeded to the County of Pinellas in O.R.Book 2099,Page 356,
Public Records of Pinellas County, Florida), 437.44 feet; run thence
NOoo45'36" E 140.00 feet; run thence S89014'24"E along the north line of
the SEi of the swi of said Section 1, 434.85 feet to the P.O.B.
Subject to a drainage and utility easement over the N'ly 20 feet thereof.
WHEREAS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the Clty tor 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,
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
sewa.ge will at all tim,es be continuous, however, the City shall nbt be liable
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for any damage resulting fronl any unavoidable cessation of treatment caused
by act of God, necessary mair.tenance work, or any cause beyond the control
,
of ':'il\';;' \...JJ.l.Y.
2. ~:" cor,;,h~el.<.;.l.ioii I.~' -:.11t ..,..vClJcdli..~c. :~0rd'2..:neci in Paragraph 1
imn'l€.d.ia,tcly ;',,~'C' -,~ on ~~~v,
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~hi8instrument was prepared by:-
HE,J.BE;T 1\1. ERG WN, City Attorney
City O.l Clea: water, p, O. Box 4748
Clearwater, FIQrida 33518
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATERj FLA, 33518
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[u.R.3823 PAGE 11
(a) To pay the normal sewer connection charge 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 period.
{c} If at the expiration of a two (2) year period from the date of
connection 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 C.itywould receive from
real property taxes if the property as hereinabove described \"~LS in the
City, and therefore subject to a real property tax by the said City. Payments
shall be made on January 1st o.f each year following the expiration of said
two (2) year period. In the event of annexation as hereinabove 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.
(el The Owner agrees that the terms and provisions of this agreement
shall be a commitment and obligation w,hich shall not only bind the present
Owner 01 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.
(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
agree'ment and the City .shall institute legal proceedings to enforce the terms
and provisions hereof, the Owner, his successors and assigns, covenant
;,nd agree to pay all costs of such proceedings, bcluding the payment of a
reasonable attorney's iee iu connection t(Jcrewith.
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.o.R..3823 PAGE 12
(g) At the tlm~ of annexation, Owner shall deed or grant
ea'iement to the City for additional Right of Way for Hercules Avenue
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to make a total of fifty '(50) feet for the West one-half (1/2).
IN WITNESS 'WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
B
City Manager
correctness:Att~~. . ..... ........ .....
CIty Clerk .
.. 2. ~ \972
lJUN 2 .'\ .~!C;
Signed, sealed and delivered in
the pres ence of:
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A s to City ".
&T A TE OF FLORIDA )
)
COUNTY OF PINELLAS )
/q1"YI HEREBY CERTIFY. that on this 7'1~ day of ~
A. D. ~. before me personally appeared Merrett R. StierheKm. HerbertM.
Brown, R. G. Whitehead and H. Everett Hougen, 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
'c1.l1yautho::rized;and that theofii-cialsea.! ofsaiu municipal corpbratiofCisQuly
affixed thereto, and the said agreement is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the COUl.ty of
Pinellas and State of Florida. . the day and year last above written.
;z:: ~ '#-d:L
,!>-Totary Public
:'v1y CO~f.l1iJ~ ~ ion..Expirt:t.;:
\.bl<:ry ~'u'."'C :; .?2 of l'.cm!a at Large
iilY C;:;;;,,;,;;:__,: ;;,:,;:,';;i Ott. 22, 1974
8onded' by Ar,1er:;:3n F;'f!lI &. Casuahy Co~
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[G.R. ,3823 PAGE 13
STATE OF FLORIDA )
)
, COUNTY OF PINE ~LAS )
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. personally appeared William A. Pinckley. President
and Julie Mc Pinckley. Secretary-Treasurer.
to me known to be the persons described in and who executed the foregoing
agreement and acknowledged before me that they executed the same.
WITNESS mjihand and offi
aforesaid this . 1 - day of
1 seal in the County and State last
, A. D. 19 1>-
LLk
,Notary Public
My Commission Expires:
'j PUBLIC STATE OF F"~'~!' I'T II'I"G~
:~Tt~MMISS'ON EXPEIRJ~~iKW'KI~i':~~
.NERAL INSU~NC
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