SEWER - JOHN C. BEAUCHAMP76173552
O.R. 4481 PAGE 2002
AGREEMENT
This Agreement, made and entered into this 24th day of
November, A. D., 1976 , by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
JOHN C. BEAUCHAMP, single person,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
but within the Clty of Clearwater service area:
Lot 2, Del Oro Gardens, according to the map or plat
thereof as recorded in Plat Book 45 , page 74
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 serVlces 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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,0.8.4481 PAGE2003
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, 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 possible 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 Agr eement shall be a commitment and obligation which shall not only
bind the present owner of said described 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 its 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, its successors and
assigns, covenant and agree to pay all costs of such proceedings. 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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ro:t 4481 r^cE2004
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.
Witness as to Owner:
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CITY OF CLEARWATER, FLORIDA
By
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Mayor -commis:J,f!i!7
OWNER:
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? John C. Beauchamp
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STATE OF FLORIIA
COUNTY OF PINELLAS
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ro:-a.4481 PAGE2005
I HEREBY CERTIFY that on this ;},t.{- day of ~~
A. D. 19 -70 , before me personally appeared Picot B. Floyd, Thomas A.
Bustin, R. G. Whitehead and Gabriel C~zares, respectiv.ely 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 Commission Expires:
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'Notary Public, State of Florida at lorge
My Commission Expires Sept, 29, 1777
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STATE OF FLORIDA )
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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 John C. Beauchamp. a
single person,
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 official seal in the County and State last
aforesaid this 15th day of November , A.. D. , 19 76
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