CONSTRUCT AND ERECT A STRUCTURE AND TO CONNECT THE SAME TO THE SANITARY SEWER SYSTEM - HARBOUR VILLAGE INC.
,
I
September 15, 1970
City Commissioners
City of Clearwater
City Hall
Clearwater, Florida
Dear Sirs:
Enclosed is our executed agreement whereby Harbour Village,
Inc. agrees to petition the City of Clearwater to annex
and to, in fact, annex the herein described property within
60 days after the option to purchase said property is ex-
ercised. It is our intention to petition the City for
business B zoning at the time of this annexation.
This agreement is made in consideration of the City's
permitting Harbour Village, Inc. to connect to the City's
sanitary sewer line the structures located on the property,
which is the subject of this agreement.
Very sincerely,
70092014
O.R. 3400 PAGE 492
AGREEMENT
,
THIS AGREEMENT, made and entered into this 24th day of
September, 1970, by and between the CITY OF CLEARWATER,
municipal corporation, hereinafter referred to as "City", and
HARBOUR VILLAGE, INC., a Florida corporation, hereinafter referred
to as "Lessee-Purchaser";
WITNESSETH
WHEREAS, Lessee-Purchaser i$ presently leasing the following
described real property in Pinellas County, Florida, with an option to
purchase the same, and hereby states its intention to exercise its option
and conclude said purchase on or before February 1, 1971;
East 135 feet of Lot 6 and all of Lot 7, less North 60
feet of West 165 feet, in Hilltop Subdivision, as recorded
in Plat Book 29, page 84, of the Public Records of Pinellas
County, Florida;
and
WHEREAS, Lessee-Purchaser desires to immediately construct
and erect a structure or structures on said described real property and to
connect the same to the sanitary sewer system of the City of Clearwater and
has requested the City to allow it to do so; and
WHEREAS. the City is agreeable to furnishing sanitary sewer service
to said premises subject to certain conditions and considerations;
NOW. THEREFORE, in consideration of the foregoing premises
and the covenants herein to be performed by the parties, the parties hereto
covenant and agree as follows:
1. The City does he reby agree, subject to the terms of this agreement,
to permit the Lessee-Purchaser to immediately connect to its sanitary sewer
system the structures on said described real property. The City does agree
that such connection for sanitary sewer service will be continuous, subject
to this agreement, however, the City shall not be liable for any damage
I
I
n.~. 3400 ~^tf 493
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
immediately above on the part of the City, the Lessee-Purchaser covenants
and agrees as follows:
(a) To pay the normal sewer connection charge and all monthly service
charges to the City on the same basis as persons residing outside of the
municipal boundaries are charged for such connection and sanitary sewer
service.
(b) The Lessee-Purchaser covenants with the City that it will
complete its purchase of the subject property on or before February 1, 1971,
and will immediately petition the City for the annexation of said property
into the limits of the City and will promptly complete all necessary forms
and procedures required to complete said annexation. If said annexation is
not completed by March 31, 1971, the City shall have the right to immediately
terminate sanitary sewer service to said real property. The property shall
not then be reconnected or sanitary sewer service resumed until the subject
property is annexed into the corporate limits of the City of Clearwater.
(c): Lessee-Purchaser agrees that this agreement shall be binding
upon its successors and assigns and that the City may record this document
if it so desires.
(d) If the Lessee-Purchaser, its successors and assigns, 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 Lessee -Purchaser, its successors and as signs,
covenant and agree to pay all costs of such proceedings, including the
payment of a reasonable attorney's fee in connection therewith.
-2-
I
I
'D.B,.3.100~M;t 494
IN WITNESS WHEREOF J. the parties hereto have caused this agreement
to be executed the day and year first above written.
Approved as to f m ~:t1d
~ess:
", ".;~~~
.ity~
Signed, sealed and delivered in
the presence of:
..
;(~". ~~L/"
1c{~C?~
As to Clty
\....,'"
STA TE OF FLORIDA )
l
COUNTY OF PINELLAS )
G.~L~er ~
I HEREBY CERTIFY" that on this I)-. day of . . . ",
A. D. 1970, before me personally appeare .Mgrl'ett fr;- 8tllHhlnm, Herber! ~t.
Brown, R. G. Whitehead and H. Everett Hougen, respectivelY'~City Manag~r; 1.ng
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
":idfiP~nellas and State of Florida, the day and year last above written.
x:. .h,-<-tL~ ~~/
Nota ry Pub lic
Myc;on).mission ;Expt' res:
'Nolary,Pilhhc. Shte of Floncla il arfJo
.' "'MfCornmis,jt}n Expires Od. 22, 19iO
,'.:,ii,'" ....d.d. By A.mlUi<a., f.... & ea..ally Co"
-3-
. '
I
I
t.t :J400 PACE 485
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
\, Before me, the undersigned author,~ this day pe. rson~lly appeared
b1UU'~ ar ~ and ;2<-U1 ?J' a ~
;;0 me well known and known to me to be he individuals described in and
who executed the foregoing instrmnent as President and Secretary, respectively,
of HARBOUR VILLAGE, INC., a Florida corporation, and they severally
acknowledged to and before me that they executed said instrument on behalf
of and in the name of said corporation as such office rs; that the seal affixed
to said instrument is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authorized by said corporation to execute said instrument and that said
instrmnent is the free act and deed of said corporation.
IN WITNESS WHEREOF I h.a~et my hand and affixed my
official seal this j.s!f, day of ., A. D. 1970.
· I' ~~C>l~~
, '.' .,. Notary P blic
(' i "
-4-