SEWER - HAROLD R. EDER AND MILDRED K. EDER70009995
O.R. 3258 PAGE 506
AGREEMENT
THIS AGREEMENT I made and entered into this
27th day of January, 1970, by and between the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City", and HAROLD
R. EDER AND MILDRED K. EDER, hereinafter referred to as "Owners";
WITNESSETH:
WHEREAS, the Owners now OWn the following described real
property and intend to construct a residence thereon:
Lot 22, Block "FIr of Sunny Park Groves Subdivision,
according to map or plat thereof as recorded in Plat
Book 36, page 2, of the Public Records of Pinellas
County, Florida; and
WHEREAS, the Owners desire to connect to the City sewer main
and are 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 I 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 Owners to connect to its sanitary sewer main at the Owners I
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 cause,d
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:
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Q,R, 3258 PAGE 507
(a) To pay the normal sewer connection charge to the City On the
same basis as persons living outside the municipal boundaries are charged.
(bl The parties hereto do further covenant that within two_..{Z) 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 (Zl year period.
(c:l If at the expiration of a two (Zl year period from the date of
connection 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.
Payments
shall be made on January 1st of each year following the expiration of said
two {Z,} year period. In the event of annexation as hereinabove provided, the
foregoing annual charge shall not be in effect.
(d) The Owner agrees that this agreement shall be binding upon
their heirs, administrators and as signs and that the City may record this
document if it so desires.
(el The Owners agree that the terms and provisions of this agreement
shall be a commitment and obligation which shall not only bind the present
Owners 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 Owners, or their 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 Owners, their 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.
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Q,R. 3258 PAGE508
IN WITNESS WHEREOF. the parties hereto have caused this agreement
to be executed the day and year first above written.
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Approved as to fo and
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Signed, sealed and delivered in
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Mildre~. Eder
(SEAL)
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY. that on this ~1~ day of ~y"
A. D. 1970, before me personally appeared Merrett R. Stier~i~, Herbe/t 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 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
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dulY'~u.tbo:dzed; and that the official seal of said municipal corporation is duly
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a~~~~~ci.{t:hereto, and the said agreement is the act and deed of said corporation.
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'>::'.Ill/Il;'l WITNESS my signature and official seal at Clearwater in the County of
')4!~tn.'4\lr~li> and State of Florida, the day and year last above written.
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My GOmmission Expires:
Not~; ~llhr.c. State of Rorida at Large
My toimr.:5~i:;n EXpires 0:1. 22, i970
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
O.R, 3258 PAGE509
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, pers onally appeared Harold R. Eder and Mildred K.
Eder to me known to be the persons described in and who executed the
foregoing agreement and acknowledged before me that they executed the;"
same.
WITNESS my hand and official seal in the County and State".,~~~!!,,~~h~e-
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