SEWER - JAMES A. BAKER AND CAROLYN R. BAKER78158665
O.R. 4758 PAGE 1464
AGREEMENT
This Agreement, made and entered into this 13th day of August,
A. D., 1978, by and between the CITY OF CLEARWTER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
JAMES A. BAKER and CAROLYN R. BAKER, his wife,
hereinafter referred to as "Owner";
WI TNE SSE T H :
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
but within the Ci.ty of Clearwater service area:
Lot 6, Terra Alto Estates, according to the map or
plat thereof as recorded in Plat Book 45, page 5 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 services 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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O.R. 47 5 8 PAGt 1 465
2. In consideration of the covenants contained in Paragraph I,
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 provisions 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 provis ions of
this Agreement 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 mentloned 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 reas..onable 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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Q,R. 4 7 58 PAGE 1466
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.
CITY OF CLEARWATER, FLORIDA
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COUNTERSIGNED:
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Mayor -Commiss ioner
OWNER:
Witness as to Owner:
By ~.qkfik
C~;f~
c~iyn R. Baker
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STATE OF FLORIIf
COUNTY OF PINELLAS
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Q,R, 4 758 PAGE 1467
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I H;:REBY CERTIFY that on thi.s.j..~ - ~aYh of, VV:"71--\ Th \
A. D. 19 7~ ,before ~e personally 2ppeared .:._I1L.ony L. ::3noernaKer, ' - omas A.
Bustin,Lucille V.'illiam,s and Charles F. LeCher, respectively City Manager,
City Attorney. C lty Clerk and ?via yor -C ommi. S S Loner of the City of Clearw,?_ter,
Florida, a munLdpal corporation, to me kno\vG. to be the individuals and
off!.cers described in and who executed the foregoi.ng Agreement ?_r:.d severally
acknowledged the execution thereof to be thei.r f:ree act and deed;.ts such
officers thereunto duly authorized; and that the official seal or S2.i.d l-:lunic~pal
corporation is duly aifi.xed thereto, and the said agreement is the act and
deed of said corporation.
WITNESS m:r signature 2r.d oiiicLal seal at Clearwater i.n the County
of Pinellas and State of Florida, the day ana. year last above \VrLtten.
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My Commission Expi.:-es:
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STATE OF FLORIDA
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COUNTY OF PINE::LLAS
I HEREBY CER TIFY that on this day, before me, an officer duly
authorized in the State aforesaid and Ln the County aforesaid to take
acknowledgments, personally appeared James A. Baker and Carolyn
R. Baker
to me known to be the person(s) de5cri.bed in and who executed the foregoing
Agreement and acknowledged before me that he executed the S8,me,
WITNESS my hand and ofiLcLal seal in the COlL.'1ty and State last
afor esa i.d this 21st day of July , A. D. , 19,:,~7:~
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Nota Publlc '.
My Commissi.on Expires:
NOT AP.Y PUIlIC \T fA, Tt OF flOP. I OfA, AT lAd
MY COMMISSION EXPIRES .IAN, '6 "82
BONDED THP.U GENERAL INS, IJNDERWP.I TEas
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