SEWER - LOREN M. POLLACK AND REINA C. POLLACKO.R.3512 PAGE 470
AGREEMENT
THIS AGREEMENT, made and entered into this
30th day of March, A.D. 1971, by and between the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City", and LOREN M.
POLLACK and REINA C. POLLACK, his wife, hereinafter referred to as
"Owner" ;
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 1, Canterbury Heights, according to the map
or plat thereof as recorded in Plat Book 49, page
16, 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;
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 IS
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 liable
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 OWne r agrees:
I
I O,R, 3512 PAGE 471
(a). To pay the normal sewer connection charge to the City on the
same basis as persons living outside the municipal boundaries are charged.
{bl The parties hereto do further covenant that within six {6} months
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 six (6) month period.
tcl If at the expiration of the six (6) month 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 Jamary 1st of each year following the expiration of said
six (6) month 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 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 run with the land and shall
bind and be enforceable against all subs equent owners of said described real
property whether or not mentioned in the deeds to said owners.
{fl 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
reas onable attorney IS fee in connection therewith.
-2-
, .
I
I o.R.3512 PAGE 472
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
correctne s:
Signed, sealed and delivered in
the presence of:
,
~~//// -;/s~~,
A,~-d~ C': '~r-
As to City J
4~'iP1 Jj~,~
-", (SEA L)
Loren M. Pollack
~~ C::. ;::;~~ _(SEAL)
eina C. Pollack
OWNER
STATE OF FLORIDA )
1
COUNTY OF PINE LLAS l
I HEREBY CERTIFY, that on this :3 tJ ..th day of 0?,~
A.D. 1971, before me personally appeared Merrett R. Stierheim, HerbertM.
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
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 the reto, 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 Commission Expires:
Notary Pll~k Stitc of Florida at Large
U C ., ['n. ~2 1974
my om1'm5~i.:;n _ 'Ap~re~ V~(. 1.. ,
....ded by AJoericaa File & usually Co,
-3-
, .
I
I
C.R. 3512 :p,MI473
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
acknowledgments, pers onally appeared LorenM. Pollack and Reina C.
Pollack, his wife, to me known to be the persons described in and who
executed the foregoing agreement and acknowledged before me that they
executed the same.
. WITNESS my hand and official seal, }n the County and State last
aforesaid this ~yM day of mo("{\b ' A. D. 1971.
My Commission Expires:
Notary Pvblic. State of Florida at large
My Commission Expil1S SEPT. 19, 1971
Bonded bY Marylan. Casualty Compeny
: ,
-i,h;...
~',!\'11) i'v_,i::.. 41' ".
\a.;,; (. ~:.' I.,' :f', lJ.~i'\~: :" (.11'
", r, .,"
\~'f';: .' 1 '",;" ::. ,#. .";
/. i":" 'i i, ; t;:t: ,1 ~ .. t",
..., ; ~ , :'y
~ "1" I .
-4-