SEWER - FREDERICK W. AND ANNE L. GESSLER - REF ORIGINAL AGREEMENT WITH JOHN WARD AND ANNA NAOMI KORMAN
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[I, k.4574 PAGE1268
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AGREEMENT
WHEREAS,. the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with John Ward Korman and
Anna Naomi Korman, , which Agreement, or a copy thereof, is attached,
his wife,
marked Exhibit A, and by reference made a part hereof, on
January 22, 1976
, for the following described real property located
outside the municipal limits of the City of Clearwater, which property is
present~y owned by Frederick W. Gessler and Anne L. Gessler
hereinafter referred to as "Owner":
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Lot 72, Clearwater Manor Subdivision, according to
the map or plat thereof, as recorded in Plat Book
41, Page 66, of the Public Records of Pinellas County,
Florida;
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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 . ,.;:j
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the property was annexed into the City, and ~,Ii ~ 2 ~
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WHEREAS, it was the intention of both parties to the Agreement to ' \0 ~l-'(j 'Z.
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have said property annexed into the City of Clearwater, and ; '.\\~ 'tJj4'
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WHEREAS, it is now apparent that said property cannot be annexed " -:l 0
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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 l=e' released from their burden of having such annual charges assessed
against said,property; and
WHEREAS, the City Commission of the City of Clearwater has, by
January 20, 1977
, authorized the execution of this
motion dated
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n._~. 4574 PAGE1269
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 covenant 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 imp os e 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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o. R.4574 PAGE12,(O
IN WITNESS WHEREOF, the parties hereto have caused this
ag<eement to be executed this t.iIlf;;~Of ~
A.D., 19 77 . {/I rJ
Counter signed:
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City Mana~er
Signed, sealed and delivered in
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As t City
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OWNER
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STA TE OF FLORIDA )
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COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this J 4 day of Q ~
A.D., 19 J 1 , before me personally appeared AnthonyL: Shoemaker, 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 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
and State last aforesaid, the day and year last above written.
My Commission Expires:
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Notary PubHc, State of Florida at large
My Commission Expires Sept. 29, 1977
Bonded by American Fire & Casualty Ca.
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STATE OF XK~Kbcx:x:~
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COUNTY OF j""~
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o. ~. 4574 PAGE1271
I HEREBY CER TlFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
aCkn, ,~,ts,.persona,l"l,y,appeared ,g'-~uJv a/y[.;~ ~
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to me known to be the person(s) described in and who executed the foregoing
agreement and acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this I/bvdayof ~".I'l ' A.D., 19 77.
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Notary Public
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