SEWER - JOHN P MACONI INC (2)70113272
O.R. 3435 PAGE 75
O.R. 4648 PAGE 713
AGREEMENT
THIS AGREEMENT, made and entered into this 23rd day of
November, 1970, by and between the CITY OF CLEARWATER,
FLORIDA. a municipal corporation. hereinafter referred to as "Cityll. and
JOHN P. MACONI, INC, a Florida corporation,'
hereinafter referred to as "0wner";
WITNESSETH:
WHEREAS. the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 1 of Southwood, Unit 1, according to the map or
plat thereof as recorded in Plat Book 59. page 15
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 s'ewer
services; an:d
WHEREAS. the City is agreeable to furnishing said services upon
certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby covenant and agre'e
as follows:
1. The City does hereby agree, subject to the terms of this agreemc:1t,
to permit the Owner to connect to its sanitary sewer main at the
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however I the City shall not be lia.ble
for any damage resulting from anr unavoidable cessation of treat~en.t caused
by act of God, necessary maintenance work. or any cause beyond the con.trol
of the City.
2. In consideration or the covenants contained in Paragraph 1
immediately above On the p3.rt of the City, the Owne r agrees:
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARW ATER, FLA. 33518
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EXHIBIT A
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n.R. 3435 PAGE 76
Q, i. 4648. PAGE 714
connection charge to the City on th~
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(a) To pay the normal sewer
same basis as persons living outside the municipal boundaries are charged.
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(b) The parties hereto do further covenant that within two (2) yeats
from' the date that said Owner connects to the City seYler main; he shall
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petitio~ the City for ann~ation,into the limi~s of said City and as a matter
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or fact, this agreement may be considered a written request to annex at
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the expiration of s'aid two (2.) year' period.
(el If at the exptration of a two (2) year period from the date of
eonnecti9.0 to the City sewer system the above described real property cannot
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be legally annexed into' the City, then. the Owner shall pay an annu~l charge
to the City based upon the tax revenue that the City would receive from
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real property taxes if the property as hereinabove described wa.s in the
City, and therefore subject to a real property tax by the said City. Payments
shall be made On JanuJ.ry Is to.! each year following the expiratioCl o! said
two (2) year period. In the event of a'nnexation as hereinabove provided, the
foregoing annual charge shall not be in effect.
Cd} The Owner agrees that thi~ agreerr;~nt shall be binding up~m
his heirs, administrators and assigns and that the City may record this
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document if it so desires.
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(e) The OWne r agrees that' the te rms and provis ions of this agreement
'shall be a commitment and obligation w.hich shall not on~y bind the p=es.ent
Owner of said described real property, but sh?-ll run with the land and shall .
bind and be enforce~ble against ~11 subsequent owner~ of said described real
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property whether or not mentioned in the deeds to said owners.
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(f) If the Owner, or his. successors or as signs or any subs equent
owner shall default in the performance of .the terms'and provisions of this
agreement an.d the City.shall institute legal pr,?ce~dings to enforce the terms
and pro vis iens, ~ereof, the Owner, his succes s ors and ass igns, covenant
'and agree to p,~i' all cos,ts of such proceedings,. including the' paymerlt of a
I'(::l.sonablo:: 2.':>)....:~e'fls iee in connection therewith.
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'I~. 3435 P~GE 77 .
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IN WITNESS WHEREOF. the p.1.rties hereto have cau$cd t'his agreement
to be executed the day and year first above written.
D. a. 4~4,~ PAGE ,715
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Mayor-Co~miS s ion1
Approved as to fat" &, correctness:
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Signed, sealed and delivered in
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As to City
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1 HEREBY CERTIFY t tha~ on this 1:7~ day of .' '1;r-~:;~/-e-1-
A. D. ,19.70. before me personally appeared Merrett R. Stierheim, J::Ierbert M.
Brown, R. G. Whitehead and H.Everett Hougen, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Flor,~da, a municipal corporation', to me known to be the individuals and officers
desc~ribed in and who executed the foregoing Agreement and severally ackno';:;ledged
','th'e-execution thereof to be their free a.ct and qeed a.s such officers thereunto,
duly authOrlz'ed; and that the official seal of ~aid municipal corporation is duly
/,_ affi~ed thereto, and the said agreement is the act and deed of said corpJration.
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COUNTY OF PINE LLAS
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STATE OF FLORIDA
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:-,~);:'. ,~~TNESS 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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O.R. 3435 FAGE 78
.0. ..464S PAGE 716
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COUNTY OF PINE LLAS )
Before me. the undersigned authority, this day personally appeared
-'O!-t,v P (V1ACOk.-'1 and lJta&t^--\A (2. A/Aco",-',
to me well known and known to me to be the individuals described in and
who executed the fOl'egoi'ng instrument as Pres ident and Secretary res pecti vely,
of the Corporation named in the foregoing instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf
of and in the name of said corporation as s~ch officers; that the s~al affixed
to said instrument is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authorized by said corporation to .execute said instrument and that said
instrwnent is the free act and deed of said corporation.
. ,; ,. IN WITNESS WHEREOF I have hereunto set my hand and affixed my'
, .:_::;'6;:.of~~,~i~1 seal this -zt~ ~ day of OC~ToB~ J A.D. 1970.
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G. i. 4648 PAGE 717
RELEASE
WHEREAS, on or about the
da y of
19_, the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as IICity", entered into a sewer services contract
entitled" Agreement" with
for the following described real property located outside the municipal limits
of the City, which property is presently owned by
hereinafter referr ed to as "Owner", and described as follows:
and
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 City wishes to be relieved of its burden of collecting
such annual charges from the property located outside the municipal limits,
and the property owners wish to be released from their burden of having
such annual charges assessed against said property;
NOW, THEREFORE, in consideration of the foregoing the City does
hereby acknowledge the execution by the Owner of a new agreement for sewer
services, and, in consideration thereof, the City does hereby remise, release,
and forever discharge the Owner of the property from further obligation
under the agreement dated
IN WITNESS WHEREOF, the City of Clearwater, Florida, has
caused this Release to be executed this
da y of
19
1 in,oL'l: '
,THOMAS A. 'l"'T,;"r""j, ,""'t :
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CIty of Clearwater, P. O.Bo-x47~"~
.clearwater, Florida 33518
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RETURN TO:
CITY CLEHK
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CLEAH V7/. T ' ,
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EXHIBIT B
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. ,D. R.4648 PAGE 718
By
Countersigned:
Mayor-Commissioner
Approved as to fo rm and
correctness:
Attest:
City Clerk
City Attorney
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY that on this _day of
A. D., 19 _, before me personally appeared Picot B. Floyd, Thomas A.
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 Release 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 Release 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.
No tary Public
My Commission Expires:
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