SEWER - JOE J. AFONSO AND NELL R. AFONSO73056423
O. R. 4022 PAGE 1024
AGREEMENT
THIS AGREEMENT, made and entered into tbis 25th day of
April, 1973, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
JOE J. AFONSO
AND
NELL R. AFONSO, HIS WIFE
hereinafter referred to as "Owner";
WITNESSETH
WHE REAS, the Owner now owns the following des cribed real
property and intends to construct a residence thereon:
Begin Southwest corner of Northeast 1/4, run N 981.11 feet,
East 200 feet for point of beginning, continue East 50 feet,
South 56 feet, East 10 feet, South 99 feet, West 210 feet,
North 75 feet, East 150 feet, North 80 feet, to point of
beginning, being in Section 12, Township 29 South, Range
15 East.
WHEREAS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the City for m.unicipal sewer
services; and
WHEREAS, the City is agreeable to furnishing said services upon
certain conditions and considerations;
NOW, THEREFORE, the pa.rties 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 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 allall 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 cO:1trol
of the City.
2. In consideration of the covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
RETURN TOf
CITY CLERK
P. o. BOX 4748
CLEARWATER, ,F'LA. aalH~
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D. R.4022 PAGE1025
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(a) To pay the normal sewer connection charge and monthly sewer
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service charges 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 (2) 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 (2) year period~
(c) If at the expiration of a two (2) year period from the date of con-
nection 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 in addition to the monthly sewer
service charges. Payments shall be made on January 1st of each year following
the expiration of said iwo (2) year period. In the event of annexation as herein-
above provided, the foregoing annual charge shall not be in effect.
(d) The Owner agrees that this agreement shall be binding upon his
heirs, administrators and assigns and that the City may record this docurn.ent
if it so desires.
(e) 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 described real property, but shall run with the land and shall
bind and be enforceable against all subsequent owners of said described real
property whether or not mentioned in the deeds to said owners.
(f) If the Owner, ')r his successors or assigns or any subsequent
owner shall default in the performanc."l of the terms and provisions of this
agreement and the City shall institute legal proceedings to enforce the terms
and provis ions hereof, the Owner, his succes sors and assigns, covenant
an~ ?6ree to pay all costs of such proceedings, including the payment of a
reas onable attorney fS fee in connection therewith.
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.0. R..4022 PAGE1026
IN WITNESS WHEREOF, the pa:dles llel'eto IJave cauoed this agreement
to be executed the day and year first above written.
FLORIDA
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Signed, sealed and delivered in
the pres ence of:
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(S E A L)
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5tT A TE OF FLORIDA )
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COUNTY OF PINE LLAS )
I HEREB Y CERTIFY, that on this ,;2 S' day of ~.
A. D. 19.7j l before me personally appeared Merrett R. Stierhelm, Herbert M.
Brown, R. G. Whitenead and H. Everett Hougen, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corpJration, 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 corpJration.
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 Commission Expires:
RofaIY "PuElic. .Side of F1tlri~~t -hrge
My Ctlmr.11SSIOa t.(!JII':S Sept. :lIt 1~73
Bonded By American Fire & Casually Co.
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u. ~. 4022 PAGE1027
STATE OF FLORIDA )
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COUNTY OF PINE LLAS )
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 JOE J. AFONSO AND
NELL R. AFONSO
to me known to be the persons described in and who executed the foregoing
agreemet;lt and acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 6th . day of APRIL , A. D. 19 73
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My Commission Expires:
NOTARY PUBLIC. STATE 01 FLOfHDII at LARGE
MY COMMlSSION EXPlRfS J,'\l'!. 13, 1976
BONDED nmu GEN[~,'L INSlIRr,r!CE UNDERWRITER'
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April 25, 1973
Hr. and Mrs. Joe Afonso
1751 Rosery Rd. N.E.
Largo, Florida 336~O
Dear Mr. and Hrs. Afonso:
Enclosed is a copy of the sewer agreement with the
City of Clearwater for property located in Section
12, Township 29 South, Range 15 East.
Very truly yours,
R. G. Whitehead, CKe
City Clerk
81
Enclosure