SEWER - MAJOR LEAGUE LANES OF CLEARWATER INC.77140520
O.R. 4595 PAGE 36
AGREEMENT
This Agreement, made and entered into this 8th day of
September, A. D., 1977 , by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
MAJOR LEAGUE LANES OF CLEARWATER, INC., a Florida corporation,
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 Cle~~ter
WHEREAS, the Owner desires to connect to the City sewer maifrand
but within the Ci.ty of Clearwater service area:
South 259.0 feet of the North 400.0 feet of Lots 15 and
16, in the SW 1/4 of Section 1, Township 29 South,
Range 15 East, PINELLAS GROVES, according to the
map or plat thereof as recorded in Plat Book 3, page
15 of the Public Records of Pinellas County, Florida;
and
is agreeable to signing an Agreement with the City for municipal sewe!t
services; and
WHEREAS, the City is agreeable to furnishing said servi.ces uP~:3 ~ fJ:-<_
NOW, THEREFORE, the parties hereto hereby covenant and agree ~
certain conditions and considerations;
as follows:
1. 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 liable
for any damage resulting from any unavoidable cessation of treatmenicaused
by Act of God, necessary maintenance work, or any cause beyond the control
of the City.
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o. ~. 4595 PAGE
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2. In consideration of the covenants contained in Paragraph l,
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' 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 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 menti.oned in the Deed to said owners.
(e) If the Owner or its successors, or a.ssigns. 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 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' notice (written) to the other party of such
termination.
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o. R.o 4595 PAGE 38
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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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By ~ ~. ".,"'., ,
City nager
COUNTERSIGNED:
Y:Y~;d ~
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OWNER:
Witne,s"as to Ow~~er' /l
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Attest:
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~Corporate Seal
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- .. ST,ATE OF FLORI.
COUNTY OF PINELLAS
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) 55
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o. R. 4595 PAGE
39
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,01.
I HEREBY CERTIFY that on this 1.t1. day of ~>bJ .
A. D. 19~, before me personally appeared Anthony L. S oemaker, Thomas A.
Bustin, R. G. Whitehead and Gabriel CClzares, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City' of Clearwater,
Florida, a municipal corpora'tion, 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
officet's 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
of Pinellas and State of Florida, the day and year last above written.
J<d c
Notary~c
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My Commission Expires:
Notll,y Puhlic, State of Florida at lar~
M, Commissien Expires Sept. 29, 1971
Bonded by American fire & Casualty Co.
STATE OF VIRGINIA
COUNTY OF HENRICO
Before me, the undersigned authority, this day personally appeared
Joseph T. Antone 111 and H. D. Shepherd . Jr.
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 that said
instrument is the free act and deed of said corporation.
My Commission Expires:
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Notary Public ~,. "'. ",~
IN WITNESS WHEREOF I have hereunto set my hand and affix,
official seal this 1st day of July , A. D. 1977. f.j;
Ortnhpr' ~. 1q77
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