SEWER - LEON POULOPOULOS AND GENEVIEVE POULOPOULOS78153992
O.R. 4755 PAGE 320
AGREEMENT
This Agreement, made and entered into this 28th day of
August, A. D., 19 78 , by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
LEON POULOPOULOS and GENEVIEVE POULOPOULOS, his wife,
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 City of Clearwater service area:
Lot 161, 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;
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 a.gree
as follows:
I. The City does hereby agree to provide sewer services, subject
to the terms of this Agreement, and to permit the Owner to connect to its
sanitary sewer main at the Owner's expense. The City shall not be li,able
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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2. In consideration of the covenants contained in Paragraph I,
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immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer se,rvice 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 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 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 mentLoned 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 A.greement, and the City shall institute legal pr oceedings
to enforce the terms 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 I notice (wr itten) to the other party of such
termination.
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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.
CITY OF CLEARWATER, FLORIDA
Attest:
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City Clei' , "
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COUNTERSIGNED:
OWNER:
Witness as to Owner:
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sTATE OF FLORIDf
COUNTY OF PINELLAS
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328
I HEREB Y CER TIFY that on thLs 28thda y of September
A. D. 19~, before me persor:.ally appeared .A....'"lt..~ony L. Shoemaker, Thomas A.
Bustin,Lucille VlillLa,ms and Charles F, LeCher, respectively City l'vlanager,
City Attorney, C Lty Clerk and Iv1a yor - C ommLS SLoner of the City of Clearwater,
Florida, a municLpal corporation, to me known to be the tndividuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be thei.:::" free act and deed as such
officers the:-eunto duly authorized; and that the offLcLal seal or said munlcLpal
corporation is duly affixed thereto, and the saLd agreement LS the act and
deed of said corporati.on.
"VITNESS mj signature 2.nd official seal at Clearv,;ater in the County
of Pinellas and State or Florida, the ca\" arod year last above written,
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~y Public '<'''0''' "
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My Cor~mLssion Expi.res:
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STATE OF FLORIDA
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COUNTY OF PINELLAS
I HEREBY CER TIFY that on this day, before me, an offker duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Leon Poulopoulos and
Genevieve Poulopoulos, his wife,
to me known to be the person{s) described in and who executed the foregoing
Agreement and acknowledged before me that he executed the same,
WITNESS my hand and offi.cial seal in the County and State last
aforesai.d thi.s 28 day of August , A. D. , 19 78
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Notary Pu ic
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My Commi.ssion Expires:
J. R. LIVINGSTON,
Notary Public, State of Florida at Large.
My Commission Expires Aug. 25, 198L
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