SEWER - GEORGE W. HARMONY AND JANE K. HARMONY76107553
O.R. 4437 PAGE 724
AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of
July, 1976, by and between the CITY OF CLEARWATER,
a municipal corporation, hereinafter referred to as "City", and
GEORGE W. HARMONY and JANE K. HARMONY, his wife,
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner now Owns the fOllowing described real
property and intends to construct a ~ thereon:
From the SW Corner of Lot 15, of CLEARWATER INDUS TRIAL
PARK, according to the map or plat thereof as recorded in Plat
Book 44, page 46 of the Public Records of Pinellas County, Florida;
run thence N 000-06'_00" E, along the West side of said Lot 15,
225.0 feet; thence EAST, 670.11 feet; thence S 000-05'_30" E,
430.68 feet; thence N 72056'17" W, along the South line of said
Lot 15, 702. 09 feet to the point of ending.
CONTAINING: 5. 05 ACRES.
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 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
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, neces sary maintenance work, or any caus e 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:
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:o.R.4437 PACE 725
(a) To pay the normal sewer con~ection charge and monthly sewer
service charges 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 con-
nection to the City sewer system the above described real prope-rty 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
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;5 property taxes if the property as hereinabove des cribed was in the City, and
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6 ~ ;'. j therefore subject to a real property tax by the said City in addition to the
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0:: C) C) ~monthly sewer service charges. Payments shall be made on January 1st of
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~ CJ c: ~ each year following the expiration of said two (2) year period. In the event
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eg of annexation as hereinabove provided, the foregoing annual charge shall not
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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.
(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 des cribed real property, but s hall be a covenant which s hall 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.
(f) If the Owner, or his successors or asslgns or any subsequent owner
s hall default in the performance of the terms and provis ions of this agreement
and the City shall institute legal proceedings to enforce the terms and provis ions
hereof, the Owner, his succes sors and as signs, covenant and agree to pay all
cos ts of such proceedings, including the payment of a reasonable attorneyts
fee in connection therewith.
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[o.R.4437 PAGE 726
IN WITNESS WHEREOF '. the parties hereto have caused this
agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
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Mayor-Commission , '
By
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Signed, s ealedand delivered in
th~;;;;;::c L
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As to City
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEl)EBY CER TlFY. that on this 22 JLo/day of ~
A. D. 197~, before me personally appeared Picot B. Floyd, omas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively Clty 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 munici-
pal corporation is duly affixed thereto, and the said agreement is the act and
deed ofs aid 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:
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NOTARY PURtle SUTF m ~tOll'''A AT URGl
MY COMMls<'n,,- ,'y'''o<< !llIY '6 1979
BONDED THRU GEN[llAI ,N~iJk"NU UNOERwalrm
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~O.~.4437 P^GE 727
STATE OF FLORIDA
COUNTY OF PINE LLAS
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. pers onally appeared G ~ n ~ Gc W 1/,4~ It/O/Uy
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to me known to be the persons descri ed in and who executed the foregoing
agreement and. acknowledged before me that they executed the same.
WITNESS m:;.. hand and official seal in the County and State last
aforesaid this I) ~ day of ~ u (.. -/ , A. D. 197'
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My Comluission Expires:
NOTAin' PUllll~ 5H,Tt melOIlIO," A1 lUG!
MY COMM,~~,n" 'Y"~~C 'UlT 26 1978
10.'1:)1&1) fUR" t;;....,.~a ""'I~ANct UNDERW~;~
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