SEWER - JOHN P MACONI INC70113272
O.R. 3435 PAGE 75
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 "City", and
JOHN P. MACONI, INC.. a Florida corporation,
WITNESSETH
This instrument prepared
by Herbert M Brown
City Hall
Clearwater" Fla.
hereinafter referred to as "Owner";
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 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, subject to the terms of this agreement,
to permit the Owner to connect to its sanitary, sewer main at the Owner's
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however, the City shall not be liabl~
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.
2. In consideration of the covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
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Q,ft, 3435 PAGE 76
(a) To pay the normal sewer connection charge to the City on the
same basis as persons living outside the municipal boundaries are charged.
(b) The parties hereto do further covenant that within two (2) years
from the date that said Owner connects to the City sewer main, he shall
petition the City for annexation into the limits of said City and as a matter
of fact, this agreement may be considered a written request to annex at
the expiration of said two (2) year period.
(c) If at the expiration of a two (2) year period from the date of
connection to the City sewer system the above described real property cannot
be legally annexed into the City, then, the Owner shall pay an annual charge
to the City based upon the tax revenue that the City would receive from
real property taxes if the property as hereinabove described was in the
City, and therefore subject to a real property tax by the said City. Payments
shall be made on January 1st of each year following the expiration of said
two (2) year period. In the event of annexation as hereinabove provided, the
foregoing annual charge shall not be in effect.
(d) 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.
(el The Owner agrees that the terms andprovisiohs of this agreement
shall be a commitment and obligation which shall not only bind the present
Owner of said described real property, but sh~ll run with the land and shall
bind and be enforceable against all subsequent owners of said described real
property whether or not mentioned in the deeds to said owners.
(f) If the Owner, or his 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 terms
and provisions hereof, the Owner, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a
reasonable attorney's fee in connection therewith.
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G.(t, 3435 PAGE 77
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
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Signed, sealed and delivered in
the presence of:
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As to City
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vi S'.TATE OF FLORIDA )
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COUNTY OF PINE LLAS )
Attest: ~~
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(Corporate Seal)
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I HEREB Y CERTIFY, that on this '1'3 ~ day of 17 ~/YYJ./~
A. D. 19,70 ,before me personally appeared Merrett R. Stierheim, Herbert: M.
Brown, R. G. Whitehead and H. Everett Hougen, 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
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desc'ribed in and who executed the foregoing Agreement and severally acknowledged
the execution thereof to be their free act and qeed as such officers thereunto
duly authorlzed; and that the official seal of said municip3.l corporation is duly
affixed thereto, and the said agreement is the act and deed of said corporation.
"N;:ITNESS 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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Notary Public
My Commission Expires:
Notary Public, Sbtl! of Rorida at large
My (offirilis;ioil ExlJires Od. 22. 1974
Jo.cIed by "-rica. Fn " ea...." Co,
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STATE OF FLORIDA
O,R, 3435 PAGE 78
COUNTY OF PINE LLAS
Before me, the undersigned authority, this day personally appeared
Jo/t,v P MAC-OUt andU,(.2&-IAJlA (2. MAU>AJI
to m'e well known and known to me to be the individuals described in and
who executed the foregoing instrument as President and Secretary respectively,
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 such officers; that the seal 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
instrument is the free act and deed of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
,."L,~9l~~~ia) seal this -u" ~day of OGToBE5e. , A.D. 1970.
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