SEWER - METZ & WHITE INC
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L. ~. 4116 P.GE 714
AGREEMENT
THIS AGREEMENT J made and entered into this
1..'5'~' day of
November, A. D. 1968, by and between CITY OF CLEARWATER, FLORIDA,
a municipal corporation, party of the first part, hereinafter referred to as
"City", and METZ & WHITE, INC., a Florida corporation, party of the
second part, hereinafter referred to as "Metz & White, Inc. ";
WITNESSETH:
WHEREAS, Metz & White, Inc. is the owner of the following described
parcels of real property situated, lying and being in the County of Pinellas,
State of Florida, and more particularly described as follows, to wit:
Parcel A.
West 250 feet, more or less, of Lot 9, Pinellas Groves
in Southwest 1/4 of Section 19, Township 29 South, Range
16 East, less the South 233 feet thereof.
Parcel B.
Lots 9 and 10, less West 250 feet, more or less of Lot 9,
all in Pinellas Groves in Southwest 1/4 of Section 19,
Township 29 South, Range 16 East;
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AND
and
WHEREAS, at the present time said property lies contiguous with
the boundaries of the City and is situated entirely in the unincorporated area
of Pinellas County, Florida; and
WHEREAS, Metz & White, Inc. has requested that said property be
annexed into the corporate limits of the City of Clearwater and has filed with
the City a formal request for said annexation; and
WHEREAS, Metz & White, Inc. is also the developer of Maple Forest
Subdivision which consists of approximately 12 single family residential lots
on the North side of Nursery Road, adjoining on the East the above described
real property; and
RETURN TO:
CITY CLERK
P. O. BOX 4748
CLEARWATER, FL\ ~;:j:.:18
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Ii- i. 4116 P!~: 715
WHEREAS, Metz & White, Inc. presently has ill use and operation a
sanitary sewer plant and system, but desires to have said properties served
by the City of Clearwater sanitary sewer system;
NOW, THEREFORE, for and in consideration of the sum of One Dollar
and other good and valuable considerations passing by and between the parties,
the receipt and sufficiency whereof is hereby acknowledged, it is hereby
agreed by and between the parties with reference to said properties, as
follows:
1. That the existing sanitary sewer plant which has been servmg
these properties is the property of Metz & White, Inc. and will be operated
by it pending completion of the necessary facilities for the turnover of
sanitary sewer services for said properties to the City, at which time said
plant will be immediately disconnected, disassembled and removed from
and not again be utilized in Pinellas County, Florida.
2. The City will at its expense design and construct a lift station of
sufficient size and capacity necessary to provide the required sanitary
sewer service to serve said properties.
3. Metz & White, Inc. will immediately convey to the City all
presently existing sanitary sewer mains and laterals on said properties
and will grant to the City easements for the installation and maintenance of
said sewer mains and laterals and will also grant to the City all neces sary
easements to provide the site for said proposed lift station and to provide
for the installation and maintenance of all necessary additional sewer mains
and laterals to serve said properties with sanitary sewer service.
4. There will be no cost to Metz & White, Inc. for the connection
of the existing sanitary sewer system to the City of Clearwater sanitary
sewer system. However, any future structures that are built on Parcels
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u. ~. 4116 PAGE 716
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A and B will be required to pay the customary tap fees and charges and
the applicable monthly service charges. In addition all structures situated
on Parcels A and B shall be required to pay to the City of Clearwater the
applicable monthly service charges for said sanitary sewer service when
they are connected to the City system.
5. The City will provide sanitary sewer serVIce for all lots located
in Maple Forest Subdivision without first requiring that said lots be annexed
into the corporate limits of the City of Clearwater; however, the owners
of said lots shall be required to pay to the City of Clearwater the applicable
monthly service charges for said sanitary sewer services when it is utilized
by said property owners. In addition, any structure in Maple Forest Subdivision
which is not presently connected to the existing sanitary sewer system
operated by Metz & White, Inc. will be required to pay to the City the
customary City tap fees and charges and to pay for and have installed the
necessary sewer service lines at such time as said property is connected
with the City of Clearwater sanitary sewer system.
6. All construction of any structures presently underway and in
progress on Parcel B (Williamsburg Place Apartment Project) will continue
to be subject to and under the inspection and supervision of the Pinellas
County Building Department. Upon completion of the construction of said
structures, all subsequent or additional construction of any structures upon
any of said Parcels A and B will be subject to the applicable City of Clearwa te r
building codes and regulations and under the inspection and supervision of the
City of Clearwater Building Department and inspectors.
7. The parties hereto covenant and agree to promptly execute all
necessary instruments to complete as expeditiously as possible the annexation
of said property into the corporate limits of the City of Clearwater and to
complete the other provisions of this agreement.
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8. The terms and provisions of this agreement are conditioned upon
and subject to the timely completion of the annexation of the above described
Parcels A and B into the City of Clearwater.
9. This agreement shall be binding upon the heirs, successors
and assigns of the parties hereto.
WITNESS our hands and seals as of the day and year first above
w ri.t.ten_
By
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Attest:
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Approved as to orm & correctnes s:
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:tity Attorney
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Acting City Clerk",. . '
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As to City
METZ & WHITE, INC.
By iLt!:rt
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Signed, sealed and delivered
in the presence of:
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Attest:
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Secretary
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