SEWER AND OR WATER - GENTRY CORPORATION (2)
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TO:
FROM:
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SUBJECT:
DATE:
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
Thomas A. Bustin, City Attorney
David P. Healey, Planning Di rector,/jj1I.
Lucille Williams, City Clerk
Agreement to Annex 82-7-151 (Gentry Corp.)
January 12, 1983
The attached Agreement to Annex was approved by the
City Commission on November 18, 1982 with the con-
dition that a site plan be reviewed and approved.
That condition has been met and it is now appropriate
that the attached agreement be executed.
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Attachment - Agreement (2 originals)
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, P, THIS AGREEMENT. made and entered into this lit day of
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OF C EARWA ER, FLORIDA, a municipal corporation, hereinafter
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O.R.5460 rAGE 155
AGREEMENT
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referred to "as "Cityll. and
GENTRY CORPORATION,- a Florida corporation
hereinafter referred to as "Ownerll;
WITNESSETH:
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WHEREAS. the Owner now owns the following described real
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property, located outside the municipal boundaries of the City of Clearwater
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but within the City of Clearwater service area:
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Lot 11 and Lot 30 HERCULES INDUSTRIAL PARK,
as per map or plat thereof in Plat Book 53, Page 57,
Public Records of Pinellas County, Florida.
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WHEREAS, the Owner desires to connect to the City sewer and/or
water main and is agreeable to signing an Agreement with the City for
municipal sewer and/or water 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 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.i.5460 rAGE 156
The City shall not be liable for any damage resulting from any unavoidable
ces sation 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 paPrl of the City, the Owner agrees:
(a) to pay normal sewer and/or water connection 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, andt~e City
shall record this docUIIlent.
(f) 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 be a covenant
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'O.i.5460 PACE 15?
which ,shall run with the land and shall bind and be enforceable. aga~st
all subsequent owners of said described real prop~rty 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, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Mayor-Co
Witnesses as to Owner:
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As to Gentry Corporation
CITY OF CLEARWATER, ,FLORIDA
By
Attest:
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By
OWNER:
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(Corporate Seal)
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ST ATE OF F LORIDI )
COUNTY OF PINELLAS )
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'O:i.5460 rAGE 158
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State and County afore said to take acknowledgments, per sonally
appeared JOHN ZUKOWSKI, well known to me to be the Pre sident of the
corporation named as first party in the foregoi~g Agreement, and that he
acknowledged executing the same in the pre sence of two subsc ribing witne s se s
freely and voluntarily under authority duly vested in him by said corporation
and that the seal affixed thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State la st afore said
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this.:2l' . day of (!) ('" 'f-t:) ~, 1982.
My
commission expires:
N'ofary Public, State of Florida at '-r-
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eon ommlSSJon Expires Oct. 31, 1983
ded I!-y American ~., &
lie Casualf>, Company
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STATE OF FLORIDA
COUNTY OF PrNELLAS
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I HEREBY CER TIFY that on this )t! day of
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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 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.
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Notary PublicI ~ta\e 0 ~o If
. "J-"~-'~Hion Expires July 5. 1985
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