SEWER - LEISURE LIVING HOMES INC
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75104948
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Q. K. 4319 PAGE1198
^ G H. E E MEN T
THIS J\ Glzl':F;]\t1ENT, ma.de and cntcl'{~d into tbirJ _./LL._,_dllY cf
-__~L. 19__~~__, by and between the CITY OIl' CLEAnWA'J'ER,
F'I..J~RU~~\, a Inunicipal COrpOl'd"tion, bC1'cin,lfter referred to as "Cityll, and
LEISURE .LIVING HOM~S.!,_.!.N~.. a Florida5~:n~~.~'a~ion ___
hereinafter referred to as II0wner";
WITNESSETH:
WHERl--:/\S, the Owner nO'N OWns the follovv'ing described revl
property and interlds to construct a residence thereon:
The 'West 59.01 feet of Lot 44 and the East
5.99 feet of Lot 45, CITRUS HEIGHTS MANOR,
FIRST ADDITION'. according to the map or
plat thereoCas recorded in Plat Book 47,
Page 29, Pu blie Records of Pinellas C01mty,
Florida.
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WHEREAS, t11e Owner des ires to connect to the City sewer rnain
andis agreeable to signing an agreement with the City for rn.unicipaJ sewer
s ,~rvices; and
WHEREAS, the City is agreeable to furnishing said services upon
c ~rtain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
a8 follows:
1. The City does hereby agree, subject to the terms of this agreement,
to permit the Owner to connect to its sanita~y sewer main at the Owner's
expense, The City does agree 1hat such connection for the treatment of
sewage will at all tinl.es be cOl'tinuous, however, the City shall not be liable
for any danlage resulting Irorn a.ny unavoidable cessation of treatnlent caused
by act! of God, necessary maintena!lCe work, or any cause beyond tl1e cO:ltrol
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of the jCity,
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n conslC eratlon 0 l(~ covcn.1.nts conta.ln~( Hl aragrap 1
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immediately above on the p_1.rt of the City, the Owner agrees:
Prepared by:
Guy L. Kennedy, Jr.
Acting City Attorney
Clearwater, Fla.
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. o. R. 4319. PAGE1199
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(a.) To pay the norma} sewer connection charge ar.d monthly sewer
service: charl;~'s to the City 011 tJ;c sanlC basis as persons living outside the
municipal boundaries arc cbaJ'ged..
(b) The parties hereto do furtlJcr covenant that within two (2) YC2trS
fron'l the date that said Owner cunnects to the City sewer ma.in, he shall
petition the City for annexation into the limits of said City and as a matter of
fact, tbis agreem.ent may be considered a written request to annex at the
expiration of said two (2) ycal' period.
(c) If at the expiration of a two (2) year period' from. the date of C01.1-
nection to the City sewer system the above described real property canrlot 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 \vas in the City, and therefore
subject to a real property tax by the said City in addition to the monthly sewer
service charges. Payments shall be made on January 1st of each year foIlowi:p..g
the expiration of said two (2) year period. In the event of annexation as herein-
above lJrovided, the foregoing annual charge shall not be in effect.
(d) The Owner agrees that tris agreement shall be binding upon his
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. heirs, administrators and assigns and that the City Inay record this docmnent
if it so desires.
(e) The Owner agrees that the terms and provisions of this agreement
shall be a commitment and obligaLon 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 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
ownex s hall default in the perforrnance of the terrns ;:.i.nd ]Jl'ovisiong 01 this
agreement and the City shall institute legal proceedings to enforc.c the tenns
and provisions hercof, the Owner, his successors and assigns, covenant
and agrce to pay all costs of such proceedings, including the payme nt of a
reasonable attorney's fce in connection therewith.
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'0. R.4319 PAGE1200
IN WI;TNESS WHEREOF, the parties hereto have caused this agreement
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to be executed the day and. year first above written.
CITY OF, LEARWATER, FLORIDA
Counters igned;
By
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Mayor-Corrunissio r, .
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, City Clerk, ','
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Signed, sealed and delivered in
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As t~ty1l ~
LEISURE LIVING HOMES, INC~,
a Florida Corporation
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By:
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fO.u -1 AA/ ~ '~~~'" ':,: '
Secretary :;" .,.:: " ,..' "". ,','..~
(Corporate S\~:_: ,'_,
'?'<";;it.Y,,~ J.,
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to Owner
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this. lid day of ~
A. D. 1975, before me personally appeared Picot B. Floyd, Guy L. Kennedy, Jr.,
R. Go Whitehead and Gabriel Cazares, respectively City Manager, Acting
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 acknow-
ledged 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 L'-1e said agreement is the act and deed of said
corporation.
'VITNESS 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:
1
Notclry Public, Staf1l of Florida at lar!f~
My ..tgnhniccinon Fvpir""~ ~@9t 29. 1971
Bonded by American Fir. & Casualty Co.
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,o.J!,4319 fAGE1201
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STATE OF FLORTDA
COUNTY.OF PINELLAS
Before me, the undersigned authority, this day personally appear'ed
, ~~ 9r..~~,eC) \~~ _ and ~~~ g, ''';t; , ,
to e well known an known to me tO,be the individuals des ribed in and who
executed the foregoing ins trum.ent as Pres ident .and
Secretary respectively, of the Corporation narned in the foregoing instrument,
and they severally acknowledged to and before me that they executed said
instrurnent 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 cor-
pOl'ation 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
official seal this '6.-'\,~ day of d. ~C; , A. D. 19_ 75 .
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Notary Pubh~.', j .,..! . \
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My 90mmission Expires:
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Notsr}' Public. Stille of Florida at large
My Commission Expires OCT. 24, 1977
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