CONNECT TO THE EXISTING CITY SEWER MAIN - JAMES J AND ELIZABETH P SALERNO70012133
O.R. 3262 PAGE 647
AGREEMENT
THIS AGREEMENT. made and entered into this 4th day
of February, 1970, by and between tbe CITY OF CLEARWATER, FLORIDA,
a municipal corporation. hereinafter referred to as "City". and JAMES J.
SALERNO and ELIZABETH P. SALERNO. his wife. of 1571 Nursery Road.
Clearwater, Florida, hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS. the Owner now owns the following described real property
and intends to construct a residence thereon:
Lot 7, Highland Manor Subdivision. 2nd Addition.
according to the map or plat thereof as recorded
in Plat Book 63, page 51 of the Public Records of
Pinellas County, Florida; and
WHEREAS. a sanitary sewer main was installed adjacent to the above
described property by the developer of said Highland Manor Subdivision, 2nd
Addition. at the developer's expense; and
WHEREAS, the Owner desires to connect to the existing 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 (lying in the right of way
at 1574 Nursery Road), 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 ces sation
of treatment caused by act of God. necessary maintenance work. or any cause beyond
the control of the City.
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O,R 3Z6~ PAGL648
Z. In consideration of the covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
(a) To pay the normal sewer connection charge 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 (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 (Z) year period.
(c) If at the expiration of a two (Z) 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 assigns and that the City may record this document if it so
desires.
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Q,R. 3GOG PAG! 649
IN WITNESS WHEREOF, the parties hereto have caused this:i;:,' cement
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to be executed the day and year first above written.
Approved as to for & Correctness:
Ci;Z:~ ~
Attest. '~".'.."" ....
~~tty~, .
~ I J~SEAL)
tfLmes ,J. S.~rno
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A:/lZ~e ~
As to City
(SEAL)
STA TE OF FLORIDA )
)
COUNTY OF PINELLAS)
L1;t;1v f ~~y
I HEREBY CERTIFY, that on this 'L day of Ja.B\:larji, PI. D., 1970,
before me personally appeared Merrett R. Stierheim, Herbert 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 duly authorized; and that the
official seal of said municipal corporation is duly affixed thereto, and the said agree-
ment 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.
My: Gommis sipB, R.Y1:\i.r.e,.s:
t{qtary!,Q!!I!C,. ~tate or . icrYmf1n'"l.ll:,".~
.;,:0:t.\y.~9~mi~$iDII Expire:; 0(:. 22, 19;0
, 'loaded 1lV, A..e.;""n fir. & Cas.olly Co.
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Notary Public
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32{:~2' nr.:o
Q,R. 0 PAGEO;)
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
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, personally appeared JAMES J. SALERNO and
ELIZABETH P. SALERNO, his wife, 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 St~~.eliil1~f>>
aforesaid this 30th day of January, A. D. 1970.
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My Commission Expires:
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