SEWER AND OR WATER - JOSEPH MASRI
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o. i. 5565 PAGE 846
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AGREEMENT
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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.
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and
WHEREAS, the Owner desires to connect to the City sewer and/or
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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.
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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.
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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'
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CITY OF CLEARWATER, FLORIDA
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COUNTY OF
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.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;,
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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
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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
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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";.,
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of Pinellas and State of Florida, the day and year lasta9()ye,~~en.", "'<~~~_,~:'" '"
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My conunis sion expires:
Notary Public, State of Florida at Lmge
My Commission Expires AUG. 9, 1933
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