AGREEMENT REGARDING CUSTOMERS
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AGREEMENT
THIS AGREEMENT entered into this
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1--3 day of
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1966, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "City", and HERBERT STEMMLE,
d/b/a HIGHLAND LAKE WATER SYSTEM, hereinafter referred to as
IIStemmle11.
WITNESSETH:
WHEREAS, the City operates in its proprietary capacity a public
utility furnishing water to residents and businesses located within the
City; and
WHEREAS, Stemmle operates a private utility system as contemplated
under Florida Statute 367 and under Certificates of the Public Utilities
Commission IfWS-49; and
WHEREAS, attached herewith and by reference made a part hereof
is a diagram showing the service lines of the Stemmle water system and
further showing those lines of the City which overlap those of Stemmle; and
WHEREAS, in the past the City has accepted customers formerly
serviced by Stemmle and both parties recognize that the City of Clearwater
may continue to expand its boundaries where a greater portion of the areas
serviced by Stemmle will become part of the City of Clearwater, Florida; and
WHEREAS, Stemmle has asserted through his counsel a claim against
the City of Clearwater for the aforesaid customers of Stemmle noW being
serviced by the City; and
WHEREAS, the parties desire in the interest of compromise and
settlement of any such claim to completely define their relationships with
each other;
NOW, THEREFORE, in consideration of the mutual covenants
and conditions contained herein, the parties agree as follows:
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1. That insofar as those former customers of Stemmle now being
serviced by the City, Stemmle does waive any claim he might have against
the City for accepting service from said customers.
2. The boundaries of the Stemmle system are hereby recognized
by the City as being in accord with the map of the said system attached
herewith and by reference made a part hereof, and in turn, Stemmle
recognizes the existence and location of the present lines of the City shown
on said map.
3. That from the execution of this Agreement, the City agrees not
to directly or indirectly solicit or accept as water customers of the City
any of those customers presently being serviced by Stemmle.
4. That insofar as the City of Clearwater has water lines now
installed as set forth on the attached map adjacent or servicing areas also
serviced by the lines of Stemmle, the parties mutually agree that new
customers in that specific area of current joint service may be accepted
by either party. New customers are defined as those who erect residences
or businesses on property presently unimproved in the said area.
5. Nothing herein contained shall be construed to prevent the City
from filing condemnation proceedings against Stemmle under eminent
domain statutes.
6. It is further understood that in the event of a public catastrophe
or emergency, or in the further event of Stemmle being unable to supply
potable water to his customers, then and under such circumstances the
City, without breaching this Agreement, may furnish es sential service to
Stemmle's customers. "Potable water" shall be defined as water which meets
the approval and standards of the Florida Board of Health which presently
supervises the Stemmle system.
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7. This Agreement shall be binding on the Executors, Administrators
or Assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the date first above written.
Countersigned:
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~o , Commissioner
Approved as to form and
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In the presence of:
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CITY OF CLEARWATER, FLORIDA
By d_' Q~~v 9
~ City Manager ~ .. .
Attest:
R. G. Whitehead, City Clerk
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By >f~/:?:'f3 ..e-e:e"/
Acting City Clerk
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Herbert Stemmle
d/b/a Highland Lake Water System
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