SEWER - RICHARD D. MCCRERY AND JUDITH ANN MCCRERY - REF ORIGINAL AGREEMENT WITH JOHN P. MACONI INC
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WHEREAS,
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CLeRK CIRCUIT COURT
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AGREEMENT
JAN l3 2 1+2 PM ~78
~. ~. 4648 PACE 109
the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with John P. Maconi, Inc.,
a Florida corporation ,which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
November 23, 1970 ,for the following described real property located
outs ide the municipal liIl?-its of the City of Clearwater, which property is
presently owned by Richard D. McCreryand Judith Ann McCrery, his wife
hereinafter referred to as "Owner":
Lot I of Southwood, Unit 1, according to the map
or plat thereof as recorded in P. E. 59, page 15
of the Public Records of Pinellas County, Florida;
WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City, and
WHEREAS, the contract provided that the annual charge would begin
two (2) years after the signing of the contract and would be terminated when
the property was annexed into the City, and
WHEREAS, it was the intention of both parties to the Agreement to
have said property annexed into the City of Clearwater, and
WHEREAS, it is now apparent that said property cannot be annexed
into the City, and the annual charge will continue to be assessed against the
property and will constitute a lien thereon ad infinitum;
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
wish to 1::e released from their burden of having such annual charges assessed
against said 'property; and
WHEREAS, the City Commission of the City of Clearwater 'l:1~~', by
motion dated January 20, 1977
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This instrument was prepared by:
THOMAS A. BUSTIN, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518 , ,/ ' /,71, -
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~ETURN TO:
CITY CU~B.K
P. O. BDX li748
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o.R.4648 PAGE 710
Agreement and Release, which release, or a copy thereof, is attached,
marked Exhibit B, and by reference made a part hereof;
NOW, THEREFORE, the parties hereto hereby cov.enant and
agree as follows:
1. The City does hereby agree, subject to the terms of this agreement,
to continue to provide the owner with sewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work,
or any caus e beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said release, attached and marked Exhibit B,
shall be executed following payment of the annual charges assessed on the
real property for the year ending 1975.
3. In cons ideration of the covenants contained in paragraphs numbered
1 and 2, immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
boundaries are charged, and as is provided by City Ordinance, as long as
such real property remains outside the municipal boundaries of the City
of Clearwater.
(b) 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.
(c) The Owner agrees that in the event that the property
which is the subject of this agreement becomes eligible for annexation, the
Owner shall petition the City for annexation into the limits of the City and
as a matter of fact, this Agreement may be considered a written request
to annex.
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a. i.4648 PAGE 711
agreement to be executed this
IN WITNESS WHEREOF, the IR rties hereto have caused this
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A. D. 197? .
By
Countersigned:
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Attest- ,'.
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City Clerk
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Signed, sealed and delivered in
the presence of:
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OWNER
STATE OF FLORIDA
COUNTY OF PINE LLAS
*Anthony L. Shoemaker
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I HEREBY CERTIFY, that on this !(P, day~f \ d,"'t",.A.'_'OV,,' ___
A. D. 1 97...L.., before me personally appeared ~Z:]li6nfX4 Thomas 1.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively 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.
My Commis sion Expires:
Notar( Public, State of Florida at Large
My Commission Expires Sept. 29, 1981
Bonded By American' Fire & Cas'.Julty C:ln1Dany
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STATE OF FLORIDA
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
acknowledgme~ts, personally appeared !flclJA-I?D -:;lJ .1?1~e&' F/-tJ /
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to me known to be the person(s) describe in and who executed the foregoing
agreement and acknowledged before me that they executed the same.
. , " , " WITNESS my hand an~, o:fficial seal in the C,O" unty and State la,st
'.......~7esaid this $b..:(aay of ~lLre(yl m t? _ " , A. D., 194.
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My Commission Expires:
NOT ARV PUBLIC STATE OF FLORIDA A
MY COMMISSION EXPIRES D T LARGE
IONOED THRU GENERAl IN."IIlIl"'~ l:I;:e[~~1!n
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