SEWER - THOMAS G. M. CRAIG AND HELEN T. CRAIG - REF ORIGINAL AGREEMENT WITH JAMES J. SALERNO AND ELIZABETH P. SALERNO
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AJIf WHEREAS,
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77050871
I o.R.4530 P,t.C~ 565
AGREEMENT
the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with James J. Salerno and Elizabeth P.
Salerno, his wife
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
February 4, 1970
, for the following described real property located
outs ide the municipal limits of the City of Clearwater, which property is
presently owned by Thomas G. M. Grai~. and Helen T. Craili. his wife
'hereinafter referred to as "Owner":
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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;
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WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
.~ located within the City, and
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'1:i ::t: "'" cIJ WHEREAS, the contract provided that the annual charge would begin
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U 0 ro two (2) years after the signing of the contract and would be terminated when
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~ ~ ~ ~ WHEREAS, it was the intention of both parties to the Agreement to
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~ ~ ~ ~ have said property annexed into the City of Clearwater, and
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E-1 p::j CJ WHEREAS, it is now apparent that said property cannot be annexed
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into the City, and the annual charge will continue to be assessed against the
property and will cons titute a lien thereon ad infinitum;
WHEREAS, the City wishes to be relieved of its burden of collecting
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such annual charges from non-municipal property and the property owners
wish to be released from their burden of having such annual charges assessed
against said property; and
WHEREAS, the City Commission of the City of Clearwater has, by
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motion dated January 20, 1977
, authorized the execution of this
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RETURN TO~.
CITY CLE:t~K
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li.4530 P^CE 566
Agreement and Release, which release, or a copy thereof, is attached,
marked Exhibit B, and by reference made a part hereof;
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 continue to provide the owner with sewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work,
or any caus e beyond the control of the City.
2. The City does hereby 'agree to execute a releas e reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said releas e, attached and marked Exhibit B,
shall be executed following payment of the annual charges assessed on the
rea~ property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
1 and 2, immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
boundaries are charged, and as is provided by City Ordinance, as long as
such real property remains outside the municipal boundaries of the City
of Clearwater.
(b) The Owner agrees that this Agreement shall be binding
upon his heirs, administrators and assigns, and that the City may record
this document if it so desires.
(c) The Owner agrees that in the event that the property
which is the subject of this agreement becomes eligible for annexation, the
Owner shall petition the City for annexation into the limits of the City and
as a matter of fact, this Agreement may be considered a written request
to annex.
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O,t4530 PAGE 567
IN WITNESS WHEREOF, the p:l. rties hereto have caused this
agreement to be executed this
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day of ~.jY) ~ev
A. D. 1971.
Countersigned:
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Mayor-Commissi r .
CLEARWATER,
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City Manage
By
Signed, sealed and delivered in
the presence of:
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As to City
Attest::
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OWNER
STATE OF FLORIDA )
) **Lucille
COUNTY OF PINELLAS) *Deputy
Williams
I HEREBY CERTIFY, that on this 31st day of March
A. D. ~97~, before me personally appeared Picot B. Floyd, Thomas A.
Bustin, ~.--G.-~ftitefte&e-and Gabriel Cazares, 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 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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My Commis sion Expires:
Notary Puhlic. State of Florida at Large
My Commisdon Expires Sept. 29. 1977
....dvd by NIIenCQn fIre & Cca$uall)' Co.
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O,t4530 P^CE 568
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
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 Thomas G. M. Craig and
Helen T. Craig, 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 Stat.elast
aforesaid this :;LS~ day of ~ ' A.D,. 19,<7-1 .
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