SEWER AND OR WATER - GENTRY CORPORATION
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CLEK;', :':;ihcun COUln
n.R.5 4 2 2 PAGE 1 i 7 2
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AGREEMENT
~.. ':, ..~ AGREEMENT, m, ade and entere:2into this sit day of
'- :te./tt/b.11.-/ , A. D., 19 , by and between the CITY
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OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
GENTRY CORP, -
hereinafter referred to as "Ownerfl;
WITNESSETH:
WHEREAS, the Owner now owns the following descr.ibed real
property, located outside the municipal boundaries of the City of Clearwater
but within the City of Clearwater service area:
The West 250 feet of the followinp; described proJ~erty.:. .
Commencing at the SW corner oIthe NW 1/4 of WE 114 of Sechou-. 12, Townfs2h318 f29 t
South Range 15 East thence traversing North 0'<>T7'OO"East, a dIstanCe? ee
alon~' the 1(4 section 'Hne to the Point of Beginning (P. O. B. ); thence contmue North
0017 00" East, a distance of 212.83 feet; thence South 89043'OO"East, a distance of
13 42.78 feet to the 40-acre line; thence South 0005'54"We.st a distan"ce of 221. 82 feet
along the 40-acre line; thence North 89020'02" West, a dIstance of 1343.49 feef to
the P. O. B., reserving therefrom the We!'terly 33.0 feet and th~ Easterly 30.0 feet
for road right-of-way, and less that porhon of the above descnbed tract o~ land
lying within 50 feet of the West boundary of the NW1/4 of the NEl/4 of Sechon 12 ,
Township 29 South, Range 15 East, Pinellas County, Florida.
and
WHEREAS, the Owner desires to connect to the City sewer and/or
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":::d~~ municipal sewer and/or water services; and
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~ ? g ~ WHEREAS, the City is agreeable to furnishing said services upon
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t:i E-4 0 ~< certain conditions and conslderations;
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t) NOW, THEREFORE, the parties hereto hereby covenant and agree
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a s follows:
1. The City does hereby agree to provide sewer and/or w<3:ter
services, subject to the terms of this Agreement, and to permit the Owner
to connect to its sanitary sewer and/or water main at the Owner's expense.
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O.R. 5 q 22 PAGE 11 73
T,he City shall not be liable for any damage resulting from any unavoidable
cessation of service 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, im-
mediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer and/or water C'onnection charges and
monthly sewer service and/or water charges to the City on the same basis
as sewer service and/or water 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, Applicable fees for annexation request shall be due and pay-
able upon receipt of this Agreement for processing.
(c) The Owner agrees that it is to the mutual benefit of the Owner
and the City, in recognition of the eventual incorporation of the property with.
in the. City, to have site and building plans reviewed and accepted by the City
in advance of obtaining any requisite permit from Pinellas County. Acceptance
of such plans shall precede the execution of this' Agreement by the City.
(d) All property proposed to be subdivided or otherwise differenti-
ated from the original parcel described in this Agreement shall be treated as
a single parcel for the purposes of the subsequent annexation procedure,
individual ownership notwithstanding.
(e) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, andtl1;e City
shall record this document.
(f) The Owner agrees that the terms and provisions of this
Agreement shall be a commitment and obligation which shall not only bind
the pr.esent owner of said described real property, but shall be a covenant
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O.R. 5 ~ 2 2 PAGE 11 7 4.
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 mentioned in the Deed to said owners.
(g) 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 proceedings
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 reasonable attorney's fee in connection therewith.
3. 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 J the parties hereto have caused this
Agreement to be executed the day and year first above written.
~:ine(l;u~ By
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OWNER:
By
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STATE OF FLORIDA
COUN'IY OF PlNELLAS
o.R.5 422 PAGE 11 7 5
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I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid .and in the County aforesaid to take acknow-
,JOHN ZUKOWSKI, Pre sidentof
ledgements, perso~ally appeared
GENTRY CORP.
, to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
said this f'~ay of
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and official seal in the County and State last ,at?:~,~i.:
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Notary Public \'~' J ~ :,:j"_
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My /07rtL;~~res:
STATE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY that on this 11-day ofD~
19~~ before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams, and Charles F. LeCher, 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 f~ee 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 ~learwater in the County
of Pinellas and State of Florida, the day and year last above written.
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My commis sion e~ir~s:
Notary Pub~(, State ofrlorida
My Commission Expires July 5, 1985
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