SEWER - GULF TO BAY CONSTRUCTION INC.
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AGREEMENT
THIS AGREEMENT, made and entered into this
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/ day of
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, 1973
, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City'1, and
Gulf to Bay Construction, Inc., a Florida corporation,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner noW owns the following described real
property and intends to construct a residence thereon:
SEE ATTACHED DESCRIPTION.
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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 pa.rties 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 Owner1s
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however, 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 the covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW ATER, FI...A. 33518
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Thi:o; instrument was prepared by:
HERBERT M. BROWN, City Attorney
City of Clearwater. P. O. Box 4748
Clearwater, Florida 33518
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(a) To pay the normal sewer connection charge and monthly sewer
se rvice charges to the City on the same bas is as pers ons livmg outs ide 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 o~ 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 con-
nection 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 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 in addition to the monthly sewer
service charges. Payments shall be made on January 1st of each year following
the expiration of said two (2) year period. In the event of annexation as herein-
above 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 ~o desires.
(e) 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 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 Crwner, or his successors or a::>s~g1H' :)r anv subsequent
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, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payme nt of a
reas onable attorney fS fee in connection therewith.
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u. ~. 4116 PAGE 710
IN WITNESS Vn-IEREOF, the palLies ht:reto have caused this a.greement
to be executed the day and year first above written.
Countersigned:
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LEARWATER, FLOmDA
By
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S'.T A TE OF FLORIDA )
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COUNTY OF PINELLAS }
I HEREBY CERTIFY, that on this II d day of ~
A. D. 1973. before me personally appeared Picot B. Floyd, Herbert M.
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 corp:::>ration, to me known to be the individuals and officers
described in and who executed the foregoing Agreement and severally acknowledged
tbe 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 th.e act and deed of said corp::>ration.
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:
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NotarY Publi., Slale of Florida al large
My CommiHion Exp;,es SeDI 29 1977
Bonded by American Fire & Casualty Co.
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u. ~. 4116 PAGE iit
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STATE OF FLORIDA
,
COUNTY OF PINELLAS
Before me, the undersigned authority, this day personally appeared
William A. Pinckley and Julie M. Pinckley
to me well known and known to Inc to be the individuals described in and
who exe cuted the foregoing instrunlent as President and S ec retary res pectively,
of the Corporation named in the foregoing instrunl.ent, and they severally
acknowledged to and before me that they executed said instrmuent on behalf
of and in the name of said corporation as such officers; that the seal affixed
to said instnunent is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authorized by said corporation to execute said instrUlnent and that said
instrument is the free act and deed oLsaid corporation.
IN WITNESS W;,fREOF 1 have W~ se~ hand and affixed my
O~:~~~I~~~.!..,:hiS / day nf~_ A.D. 1973.
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M'y C omln'ig.~f~n Expires:
Notary 51blik 'State' of Florida at Large
My Commission.f:::Jires Feb. 12, 1975
Bond,ad By A.mA':l"nn FilA & Cll~ua!tv Co'
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u. R.4116 PAGE 712
SANITARY SEWER AGREEMENT DESCRIPTION:
From the NE corner of the SE 1/4 of the SW 1/4 of Section 1, Township 29
South, Range 15 East; run thence S 000 17'48" E along the North-South
centerline of said Section 1 (centerline of Hercules Avenue) 140. 03 feet;
thence N 890 1412411 W along the Northerly line of Calumet Street Right-
of-Way (See O. R. Book 2099, Page 356, Public Records of Pinellas
County, Florida), 720.45 feet for a P.O.B.; thence continue N 89014'24" W
along said Right-of- Way line 263. 92 feet; thence continue said Right-of- Way
along a curve to the left, whose chord bears S 700 14156" W, 121. 89 feet,
arc is l24. 54 feet and radius is 173. 94 feet; thence continue along said
Right-of- Way line and curve to the left whose chord bears S 240 45140" W,
146.89 feet, arc is 151. 65 feet and radius is 173.94 feet; thence along
said Right-of- Way line S 00 12'55" E, 6.00 feet; thence N 890 14124" W,
190. 02 feet to the 40-acre line; thence N 00 12 '55" W, along the 40-acre
line 322.97 feet; thence S 890 14124" E, along the 40-acre line 633.26
feet; thence S 0045 '36" W, 140. 00 feet to the P. O. B.
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PROCESSING SHEET FOR CITY DEPARTMENTS
PRIOR TO PRESENTATION TO CITY COMMISSION
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3. DIRECTOR OF PUBLIC UTILITIES
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4. CITY ENGINEER
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