SEWER - IRVING MEISNER AND ROSE I. MEISNER77176675
O.R. 4621 PAGE 1922
AGREEMENT
This Agreement, made and entered into this 9th day of
November, A. D., 1977, by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
Irving Meisner and Rose I. Meisner, his wife,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner' now owns the following described real
property, located outside the municipal ~oundaries of the City of Clearwater
but within the C Lty of Clearwater service area:
The West 60 'feet of Lot 157, Clearwater Manor,
according to the map or plat thereof as recorded
in Plat Book 41, Page 66, of the Public Records
of Pinellas County, Florida;
and
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 to provide sewer services, subject
to the terms of this Agreement, and to permit the Owner to connect to its
sanitary sewer main at the Owner's expense. 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.
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RETURN tOt
CITY CLERK
P. O. BOX 4748
CLEAR WATER PI A
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a. ~. 4621 PAGE1923
2. In consideration of the covenants conta:ned in Paragraph 1,
immediately above, on the part of the Clty, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer service
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 pos sible 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. Filing fees shall be waived by the City.
(c) The Owner agrees that the terms and provisi.ons of
this Agreement shall be binding upon its successors and assigns, and.
the City shall record this document.
(d) 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 descdbed 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 menti.oned in the Deed to said owners.
(e) If the Owner or lts 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 pr oceedings
to enforce the terms and provisions hereof, the Owner, ltS successors and
assigns, covenant and agree to pay all costs of such proceedlngs, including
the payment of a reasonable attorney's fee in connection ther ewith.
3. This Agreement shall continue until cancelled or terminated by
either party giving sixty (60) days' notice (written) to the other party of such
termination.
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D. ~. 4621 fAGE1924
4. 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.
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s to Owner:
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CITY OF CLEARWATER, FLORIDA
By
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COUNTERSIGNED:
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.' Mayor-Commi ionp
OWNER:
By ~~'l' $/~ ""?~
Irvin~ei sner
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.~ Rose I. Meisner
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STA TE OF FLORIJA
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a. i. 4621 PAGE1925
ss
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 9 day of )ru~~
A. D. 19.:]l, before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, R. G. Whitehead and Gabriel CClzares, 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 descr ibed 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 ~c
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My Commission Expires:
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HotJry Public. Stale 01 Florida at large
1/w Commi.!ion Expires Sept. 29, \981
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NEW JERSEY
STATE OF lnl1n'll~ )
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COUNTY OF ~X )
I HEREBY CERTIFY that on this day, before me, an
authorized in the State aforesaid and in the C nty aforesaid
acknowledgments, per sonally appeared J,/C. , ~ ~c:i
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to me known to be the person(s) described in and who executed the foregoing
Agreement and acknowledged before me that he executed the same.
WI TNESS my hand and
aforesaid this I day of
County and State last
,A. D. , 19)7
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