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SEWER AND OR WATER - JOSEPH MASRI ,./" 00 .... to Ct) Q':l -~~~ o~~~ ... 'It'~ z~~ ~ ~OO~ ~~cQ~ ~80~ QtQo.:e: ~ -< :3 o 1.,\ ' .. J f\.f'A \t' 83 _",,-\<;1 ~~l't' 1\ M \o1~9. '1 Itrll' Cb ft:-'lI.. C. c. A-awo-.J "111../83 83136421 I '-~ '. ',,' ',7J7fl. ":~,,.I~1 o. i. 5565 PAGE 846 ------ AGREEMENT ~'-:\ C~':i;'x-::;~ /J/J int' / /...; -, . tJ. -rtt THIS AGREEMENT~ made and entered into this day of n~ , A.D., 19~, by and between the CITY OF CLEAUATER,FLORlDA, a municipal corporation, hereinafter referred to as "City", and JOSEPH MASRI - 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 City of Clearwater service area: Lots 10 and 11, HIGHLAND LAKE SUBDIVISION, as per map or plat thereof recorded in Plat Book 30, Page 1, public records of Pinellas County, Florida. ? (':; t"'~ r-: p ,1-" l':.. Pl '-T1 ::1,' i-;;' ~ t. .' ("1 (..A,) -, " '. .... c.:; {j''1: ~. lD .~;~,.,. -j (,~- -0 (') :::x: c: 'R""" .. c::: f.~ 'ClX) ;:1;' - 'C-U .... ,P ~" i and WHEREAS, the Owner desires to connect to the City sewer and/or ~ water main and is agreeable to signing an Agreement with the City for municipal sewer and/or water 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: lo The City does hereby agree to provide sewer and/or water services, subject to the terms of this Agreement, and to permit the Owner to connect to its sanitary sewer and/or water main at the Owner's expense. 't' /" I" ) /1, " _'~' ".1.../, : t,.,~;r~..$-'t.( . I S;rl~.T2k'll'Q q ~14>(~_~t./ 7/;C,/ ~~'? -l. o I- (!~6-q~~67) . , I I I o. k. 5565 PAGE 847 The City shall not be liable for any damage resulting from any unavoidable cessation of service 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: i(a) to pay normal sewer and/or water connection charges and monthly sewer service and/or water charges to the City on the same basis as sewer service and/or water users outside the municipal boundaries are charged, as set out in the Code of Ordinances of the City of Clearwater, Florida, 1962; (b) in recognition of the requirements for a 100 foot right-of-way on Highland Avenue, as delineated on the major thoroughfare plans as adopted by City of Clearwater and Pinellas County, to dedicate enough additional right-of-way to provide a 50-foot 1/2 right-of-way for the Ea st 1/2 of Highland Avenue. Such dedication to be given to the County or to the City at the time of annexation; (c) 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. Applicable fees for annexation request shall be due and payable upon receip: of this Agreement for processing. (d) The Owner agrees that it is to the mutual benefit of the Owner and the City, in recognition of the eventual incorporation of the property within the City, to have site and building plans reviewed and accepted by the City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall precede the execution of thi s Agreement by the City. (e) All property proposed to be subdivided or otherwise differentiated from the original parcel described in this Agreement shall be treated as a single parcel for the purpo se s of the subsequent annexation procedure, individual owner ship notwithstanding. (f) 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. -2- . -- ... . ' . , I I o. i. 5565 fAGE 848 (g) 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 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 mentioned in the Deed to said owners. (h) 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 proceedings to enforce the te rms and provisions hereof, the Owner, its SUccessors and assigns, covenant and agree to pay all costs of such proceedings including the payment of a rES. sonable attorney's fee in connection therewith. 3. 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. Approved as to form and correc 'ess' '- CITY OF CLEARWATER, FLORIDA BY~~~ C ~~~ '~.a~a.~~r'tjC " ' Attest: . ~: I ....., ~ ~ ,',:;,",,}::, ./.. l' 7;.:;' Q.. .,' " --_ ---~-!!:..<=-4;~~_______ CityC~~tl(' Witn\ess~~r: ~~. ---r-rL------ ::~:~' ()A~' ~~~. ~~-;1 -3- ,,. J. ,"'", ..... , " ~TATE OF FLORIDt COUNTY OF I .0. i. 5565 PAGE 849 I HEREBY CERTIFY, that on this day, before me, an office r duly authorized in the State and County aforesaid to take ackn9wledgn:ents, per sonally appeared Joseph Masri known to me to be the owner of the corporation named as first party in the foregoing Agreement, and that acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly ve sted in by said corpoI'~t;on aforesaid this 21st day of WITNESS my hand and official seal in the C ounty~nd Stat'e:,J~;~'F";'(";I'::.'/;II;, ,~.."-',~'\~\ltJ..~'4,--!~~..vP: 'I"J ,:- . ,.~~ OlI)Iil'.~_~_~Q.,. '-:":'41 ::::... ~.,,; .-::... ..~~, ".Qolol'-;~..:_":':,::;,":\,~_:-',-,'~":"G'O"1iI ~:ti ~... :~, .~";' .":-,:i,' ':"::.';- -: ,',0":': Q. ~,-;:_ -:. ~ iJ :. (~"~ IS r1 (4' \ \f"l ~ ~~' " 11',' "",..,:~ '...Y!I<Jj'-e.,,~~~; '<J ~,' ~~i$.': ,"';):/.~'_~ " ....)-.t _", _ ~.......~ Notary Public /. ""':, .' ....~~,".,:/}' , . , ' . .. :~? ,',~ :~,~., ,.,J June , 19 83 and that the seal affixed thereto is the true corporate seal of said Notary Pu6Tlci Stafe of FlorIda at large My Commission Expire& AUG. S. .1Q83 }";ly commission expires: STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on tbis:29.J-..kav of - ' 0un~' 19~, before me personally appeared G.B. Weimer, Thomas A. Acting Bustin, Lucille Williams, and Kathleen F. Kelly, respectively/City Manager, City Attorney, City Clerk and Mayor-Commissioner of tl1e City of Clearwater, Florida, a municipal corporation, to me k:1own to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution thereof to be their f;ree act and deed as sucl1 officers thereunto duly authorized; and that the official seal of said munici-oal ... corporation is duly affixed thereto, and the said Agreement is the act and deed of said corporation. W1TNESS my signature and official seal at Clearwater in:t'he..C;:~~tt";., ',.,"".', " .:/~ 'i..:'l.~"lo'": ~.: :"~l,-:~:~,~ ''\ ,'...'\ ".', of Pinellas and State of Florida, the day and year lasta9()ye,~~en.", "'<~~~_,~:'" '" ~J ,gj !t),\,~"!;j ,\, \r ~"- \ (11,-+_ . . _' ~"."",,",','.., ..','.,:~i.: : <<,../"",)),,(,7'r ',''''''''4\\:~ J ,. ,g LrJ.A./~ - '.,:~ ~'-~~ _~q"t~~' .;~ , .' --': , '~"'T" _", " '"' '<l,," o. - ,.~.. N otarv Puohc /~'/", ..... ."""..,:- ; - /~"<"I .:t.;,~:,~,,~.._~'~ ~\ . '. My conunis sion expires: Notary Public, State of Florida at Lmge My Commission Expires AUG. 9, 1933 - 4: -