SEWER - LAKESIDE COMMUNITY CHAPEL78023329
O. R. 4657 PAGE 1755
AGREEMENT
This Agreement, made and entered into this10th day of
February, A. D., 1978, by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", ,and
Lakeside Community Chapel
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
but within the Ci.ty of Clearwater service area:
Lot 13, in the Southwest 1/4 of Section 1,
Township 29S, Range l5E, Pinellas Groves
Subdivision, as recorded in Plat Book 3, Page 15,
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;
NO'W, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City does hereby agree to provide sewer services, subject
, to the terms of tl;?is Agreement, and to permit the Owner to connect to its
sanitary sewer main at the Owner's expense. 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.
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o. R.-4657 PAGE1756
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer service
users outside the municipal boundaries are charged, as set out in
the Code of Ordinances of the City of Clearwater, Florida, 1962;
(b) that at such time as it becomes possible for the City
to annex said real property, this Agreement will constitute an application
to annex at that time, and the City will have the right, upon sixty (60)
days I written notice to the property owner, to initiate action to annex the
property to the City. Filing fees shall be waived by the City.
(c) The Owner agrees that the terms and provisions of
this Agreement shall be binding upon its successors and assigns, and
the City shall record this document.
(d) The Owner agrees that the terms and provis ions of
this Agreement shall be a commitment and obligation which shall not only
bind the present own~r of said described real property, but shall be a
covenant which shall run with the land and shall bind and be enforceable
against all subsequent owners of said described real property. whether or
not it is menti.oned in the Deed to said owners.
(e) If the Owner or its 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 pr oceedings
to enforce the tez:ms and provisions hereof, the Owner, its successors and
assigns, covenant and agree to pay all costs of such proceedings, including
the payment of a reas>onable attorney's fee in connection ther ewith.
3. This Agreement shall cOntinue until cancelled or terminated by
either party giving sixty (60) days' notice (written) to the other party of such
termination.
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o. R.4H57 PAGE1757
4. All notices to be furnished hereunder shall be furnished to the
City of Clearwater, to the City Manager, P. O. Box 4748, Clearwater,
Florida, 33518.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
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Witness as to Owner:
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CITY OF CLEARWATER, FLORIDA
By
COUNTERSIGNED:
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Mayor-Commi . ner
OWNER:
LA;~Z~~
By
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Atte Sf:-.____;;:t;.l'.Jc<:
President
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Secretary
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11. K.4657 PACE1758
ST ATE OF FLORIDA )
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COUNTY OF PINELLAS )
'I HEREBY CER TIFY that on this I ()-cl day of 1.-el..uWf./1A/2r:..
A. D. 19 'I g , before me personally appeared Anthony L. Shoemaker, Thomas
Bustin, R. G. White~ead, 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.
A.
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 Public, State of Florida at large
M~, Commission Expires Sept. 29, l'i81
Bondod By American Fire & Casually Company
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Notary Pu~
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STATE OF FLORIDA
ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, this day personally
appeared Andy Marinello and Dick Peace
to me 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 tnat,:'Sa.i,d
instrument is the free act and deed of said corporation. >"\';. .. ". .
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set my ~ncj"'C01tl"\.ij'fi~~O~y. official
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IN WITNESS WHEREOF I have hereunto
seal this Cwelfth day of December
'-MY-Co~lssi6hExplre s:
Notary Pubr.c, State of Florida at Large
My Commission Expires July S, 1980
Bonded By AmRrjr".. ~;..... D ~l II, e"''''~.n1
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