SEWER - JOACHIM N. AND NORMA A. MERGNER
/flJ1
r.
, ~,
. I
/~
I
751.301.61
,
,0. i.4336 PAGf19J9
I
,,,:t AGREEMENT
'.. 'r
'_1 ~ . THIS AGREEMENT,
M~ ' 19--15
.,.'
IX)
~'\l-~
~~~.
~~
~
~
made and entered into this
C? ./
~~ day of
, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
JOACHIM N. MERGNER and NORMA A. MERGNER, his wife,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 70, CLEARWATER MANOR, according to plat
- thereof recorded in Plat Book 41, page 66,
I'
-.
public records of Pinellas County, Florida.
N
.
iW
.
--
WHEREAS, the Owner desires to connect to the City sewer mai~
ani.'1 is agreeable to signing an agreement with the City for municipal sewer
se:'vices; and
WHEREAS, the City is agreeable to furnishing said services upon
ce:.tain 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 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 cessation of treatment caused
by act of God, necessary maintenance work, or any cause beyond the control
of the City.
2. In consideration of the covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
-1-
e /~.r('. ,()
t
r
~'
I~
~
I:'
~
V
r
r;
i~
I
"
L
It
I
0"
n .~
E . 0
- ~
... . 00
o -=-
e _
a 0
-.
1,:t1)f
, ....J
I
I u. R.4336 PAGE1940
(a) To pay the normal sewer connection charge and monthly sewer
service charges to the City on the same basis as persons livmg 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 two (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 document
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 a,nd 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, or his 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 proceedings to enforce the te rms
and provis ions hereof, the Owner, his succes s ors and ass igns, covenant
and agree to pay all costs of such proceedings, including the payme nt of a
reasonable attorneyfs fee in connection therewith.
..2..
~?~'i.i'~<
I
10. R.4336 PActi041
IN WITNESS WHEREOF, the parties he reto have caus ed this
agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
a~/Ci~
Mayor-Commission
By
llbr -8.
City
<
A ttes t:
"' ,._.~
Signed, sealed and delivered in
the presence of:
<7
~>' ~f.--'C"
'/'~
..~ /'~,~
~
/
STATE OF FLORIDA
)
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 1tt day of ~
A.D. 197~, before me personally appeared Picot B. Floyd, Thomas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commis s ioner 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 severa'lly
acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official seal of said munici-
pal 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 las t above written.
uL.t'ic'" ,.. I ""'& . .~.V,,'/
l.l'J. " '\"J I .. ~
;: . . Ii "_
i~ : L7c"'; 0-" t t" i
""'.w ,10 '.:,} ,,1- ""...... .1 tJ"
r: ~~\ t --i 1,0 - '- ~ J~ :
..... '\.j...J, ';';_ <......J 'w.', ~
1i'~_ \~)', ~.-~, .,., ~/';1 J ~\i -~.
~ ,(\.I' "I ,"It. -
~-, <$) "', ..~" /.-~
'<"'~"'i,~":"':':'j;:';~';-;:\" ','
My Commission Expires:
Notary Public, Slate of Florida at large
My Commission Expires Sept. 29, 1977
Bonded by American Fire & Casualty Co.
<I',." .
..3-
. .,':'......
,. .
J
,
lo.J.4336 PAGE1942
STATE OF
~.
)
)
)
COUNTY OF ~-t-
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 JOAClllM N. MERGNER and
NORMA A. MERGNER, his wife,
to me known to be the persons described in and who executed the fore-
going agreement and acknowledged before me that they executed the
sam e.
WITNESS my hand and official seal in the County and State last
aforesaid this .}..J.o--l- day of ~ . ' A.D. 19~.
t'~ 7/~
N tary Public
~"dJ;:'\uission Expires:
." ", ~::
;" ::'" : c: ~,~
~', ,..., :'\JI' ," rj ,::
,,",-'" <" ,~/ ~~'
-&J->~ 0 ~ I 7 7 7
,
-4-