SEWER - RODNEY N. AND BARBARA J. RIEDER - REF ORIGINAL AGREEMENT WITH LEISURE LIVING HOMES INC
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41 St
42 Sur
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77101179
RECORDED
J:'HEli.AS co, flORIDA
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. '. ~l_~RI( CIRCUIT COURT
Ja II 3" PH ~11
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AGREEMENT
.0. t 4570 PAGE1558
WHEREAS, the CITY OF CLEARWATER, a F10rid~ municipal'
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with Leisure Living Homes, Inc.,
a Florida corporation J which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
August 11, 1975,
, for the following described real property located
outside the municipa11imits of the City of Clearwater, which property is
presently owned byRodney N. Rieder and Barbara J. Rieder, his wife
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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
thereof as recorded in Plat Book 47, page 29,
Public Records of Pinellas County, Florida.
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'hereinafter referred to as "Owner":
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 :>.
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located within the City, and ~ ~ ~ r:ti.
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WHEREAS, the contract provided that the annual charge would beg~ 6 0 ~
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two (2) years after the signing of the contract and would be terminated whe~ ~ ~_~I
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the property was annexed into the City, and l ~ ~ I
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WHEREAS, it was the intention of both parties to the Agreement to ~ rn 0 ~l
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have said property annexed into the City of Clearwater, and
WHEREAS, it is now apparent that said property cannot be annexed
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 wis,hes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
wish to be 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
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motion dated January 20, 1977
, authorized the execution of this
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.0. R.4570 PAGE1559
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 re1eas e reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said releas e, 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 consideration of the covenants contained in paragraphs nwnbered
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 docwnent if it so des ires.
(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..K.4570 PAGE1560
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed this rr!idayof ~
I
A.D., 19 77
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' Mayor-Commis~' e:
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Counte r signed:
Signed~ sealed and delivered in
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As to City
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As t er
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STA TE OF FLORIDA )
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COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this II r;:/v day of .-Q ~
A. D., 19 1-1 , before me personally appeared Anthday L. Shoemaker, Thomas
A. Bustin, R. G. Whitehead, and Gabriel Cazares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commis sioner 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.
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Not~bliC - ~ -:
My Commission Expires:
Notti,y Pu!'lic, Stale of Florida at larg~
My Commission Expires Sept, 29, 1971
Bonded by American Fire & Casualty Co.
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I, d. ~. 4570 PAGE1561
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, personally appeared
to me known to be the pers (s) escri d in an who executed the foregoing
agreement and acknowledged before me that they executed the same.
WI TNESS my hand and offic ial
aforesaid this 1 ~ day of rJ-
seal in the County and State last
, A.D., J9/]'?
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~~ry CP~~ZS?a\~ ~f A~L.f~~k.~~e s :
My Commission Expires May 25, 19111
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