SEWER - HAROLD & LEONE BRAAKSMA AND LAVELLE R. & BRENDA STRICKLAND76100339
O.R. 4432 PAGE 1064
AGREEMENT
THIS AGREEMENT, made and entered into this 9th day of
July, 1976, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City'!, and
Harold Braaksma and Leone Braaksma, his wife, and, Lavelle R. Strickland
and Brenda Strickland1 his wife, hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
The North 65 feet of Lot 8, Suban's Subdivision, according to the map or plat
thereof as recorded in Plat Book 40, Page 32, of the Public Records
of Pinellas County, Florida.
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, necessary maintenance work, or any cause beyond the control
of the City.
2. In consideration of the covenants contained in Paragraph 1
on the part of the City, the Owner agrees:
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io:R. 4432 PAGE1065
(a) To pay the normal sewer connection 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 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 in addition to the
monthly sewer service charges. Payments shall be made on January 1st of
each year following the expiration of said two (2) 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 his
heirs, administrators and assigns and that the City may record this docwnent
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 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 mentioned in the deed to
said owners.
(f) If the Owner, or his 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, his successors and assigns, covenant and agree to pay all
cos ts of such proceedings, including the payment of a reasonable attorney1s
fee in connection therewith.
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I rO;~.4432 PAGE1066
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Counters igned:
By-fwrr~ ~l~~,~~,
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Attes t:
to form &:
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Signed, sealed and delivered in
the presence of:
L ~~a~~
~~~
As Cfty . _~.r'\ L.,~
~;b. ~ c-#~~J ~4~
A --J../" Leone Braaksma
(Ytoowner . ~~~~
Lave,~~ R. Strickland
STATE OF FLORIDA
)
)
COUNTY OF PINELLAS )
ss:
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I HEREBY CERTIFY, that on this f day of
A.D. 197~, before me personally appeared Picot B. yd, homas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commis s ioner of the City of Clearwater,
Florida, a mnnicipal 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 mnnici-
pal 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 ill "!he ,-c'Q..Ub:t~
of Pinellas and State of Florida, the day and year last above wfit~'en~"',_ ,;>~
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Notary Public
My Commission Expires:
Notary Public, Slat. 01 Florida at La",.
My Commission Expires March 19, 1977
Ionded by American fire & Caulalty eo.
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ro~t4432 PAGE1067
STATE OF FLORIDA }
} ss:
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, personally appeared Harold Braaksma and Leone Braaksma,
his wife, and, Lavelle R. Strickland and Brenda Strickland, his wife,
'to me known to be the persons described in and who executed the foregoing
agreement and acknowledged before me th'tt tchey execut~~clthe, same.
WITNESS my hand and offi~eal in the County and State last
aforesaid this c:t9~ day of ~ .~~ ' A. D. 19 76
My Commission Expires:
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