SEWER - GRANDY HAROLD SMITH AND ANA MARIE SMITH77197465
O.R. 4637 PAGE1092
AGREEMENT
This Agreement, made and entered into this 22nd day of
December, A. D., 1977 , by and between the CITY OF
CLEARW ATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
GRADY HAROLD SMITH and ANA MARIE SMITH, his wife,
hereinafter referred to as "Owner";
WI TNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries or the City of Clearwater
but within the City of Clearwater service area:
That part of Tract "C", Myron A. Smith's Bay View Subdivision, as recorded
in Plat Book 25, page 57 of the Public Records of Pinellas County, Florida,
described as follows: From the most Northwesterly corner of said Tract "C",
run S 21006'48" E, 260.59 feet; thence S 68053'12" W, 4.61 feet; thence S 2P
06'48" E, 95.14 feet for the P. O. B.; thence continue S 21006148" E, 75.0 feet;
thence S 68053'12" W, 100.0 feet; thence N 21006'48" W, 75.0 feet; thence
N 68053' 12" E, 100.0 feet to the P. O. B.;
and
WHEREAS, the Owner desires to connect to the City sewer main and
is agreeable to signi?g 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 to provide sewer services, subject
to the terms of tl;t.is Agreement, and to permit the Owner to connect to its
sanitary sewer main at the Owner's expense. 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.
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW ATER, FLA.
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Q. '4637 PAGE1093
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 owner, 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 provisions 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 provis ions of
this Agreement shall be a commitment and obligation which shall not only
bind the present own~r 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 successors, or assigns, 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 tez:ms 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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11. R.4637 PAGE1094
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.
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CITY OF CLEARWATER, FLORIDA
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COUNTERSIGNED:
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Mayor-Commis' oner
OWNER:
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Gra arold Smlth
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Ana Marie Sm~jk'"
Witness as to Owner:
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STA TE OF FLOR!LA
COUNTY OF PINELLAS
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a. R.4637 PAGE1095
I HEREBY CERTIFY that on this ./2;1- day of ~
A. D. 19 77 'I before me personally appeared Anthony L. Shoemaker, Thomas A.
-"""'J.,,,L.C1 Wlk4....""S
Bustin, R. C. 't,~"li.ihB.ee.a and Gabriel CClzares, respectively City Manager,
City Attorney,~~rry 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.
My Commission Expires:
Notary Public, State 01 Florida at large
My Commi~:ion Expires Sept. 29, 1981
Bonded By Americsn File & Cilsually CompaDY
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STATE OF FLORIDA }
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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 Grady Harold Smith and
Ana Marie Smith, his wife,
to me known to be the person(s} described in and who executed the foregoing
Agreement and acknowledged before me that he executed the same.
WITNESS my hand and ~l seal in the County and State la. s....t..
aforesaid this ~ ~ day of ~ce:rz,r85r:z , A. D. , 19 77 :"
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My Commission Expires:
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.. NoTAin' "'Illlle SlAT!' ('If .ln~lO.l 4Y lAl'lt?t
MY COMMIS<;'ON fX.""R'.' l,IlY 2~ 197<<
BONDED THRII ~f;'~~Af IJl..ICljG 11 Io.lr'f .1~jQIiA\t.~~
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