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SEWER - M. LENORE AND N.W. HOLCOMBE ",. ,..' )' ALA l\. g-z -1. - 1'\-<0 (No 0-'C \)~ '-) 'S,,~ AI: i\ l!>. 8 )" " I '. 82087818 01 Ca~h ~ o. R.5360 PAGE1493 40 RfC -L g .60 A G R E E MEN T 41 C ( Sewer Only) 43 I~~L - I.J"OQ~ THIS AGREE1vIENT I made and entered into this J7if day of ~1" · A. D.. 19~. by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter ." ':f 'Xl h t: -',H ..0 ::i t- '7j i-,; ';:tl (YJ <J) <G K )'4 ~ 0 l1:J ~ ;>, f.Q -:'0 P. +'> Cf.: W.,'-l . ,-,00 ('J ~ ."0 00 Z~ (:.y 'C c.~ 1--1 ~ 0 ~E-l~~. UJ '401 ,- ~ >-5 -;j '-'~ r::... ~ C) Q,l ~ ~. ..-> E . ~1 ~ c......cli;; ;...~'l~-ol~ "t3 r:/2 C) ,~ J:: -< '+-; "~ .~..'oI 0 U .~ ~ ~~ ...t:: (J .-~ 8;::;u b 00 M l!~ C'=I cY:l ..~~~ O~r--~ t-~-rrx. Z~>< . "C,)O~ i:~C::~ k.lt:O~ ~,o~~ ~ ~ ~'tl ~ C,) cc. " J referred to as "City", and M. LENORE HOLCOMBE and- N; - ....\r~' HOLCOJ.;.fBE,;her husband, hereinafter referred to as "Owner II; 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: Lots 1 and 2 in the S'w 1/4 of Section 1, Township 29 South, Range 15 East, PINELl.AS GReVES, accord~ng to the map or plat thereof in Plat Book ~, Page IS, of the Public Records of Pinellas County, Florida: LESS the South 125.0 feet; ALSO LESS the N'Jrth 370 ft. (a:s measured from E- VI centerline of sa.id Section' I, Township 29 South. Range 15 Ea.st); ALSO I,ESS the E 50.0 feet (as measured from the N~S centerline of Qaid Section 1. Township 29 South, Range IS East). .. n at 3? . ~ z - rn )0.;: rrl .lC.. :::0 ~~ r- " :-"~ ,.... ;~t (,l'>;:", -' ::>:J ('"')<=:.' ("") ('~~ <;)7, OJ I c: ,. 0 r '-1 ,-' ",.,... ..,. r. f r-o 0 :z <:> ;;0 c:; 0 - :;:0 - ~ .. ~ and WHEREAS, the Owner desires to connect to the City sewer and/ or water main and is agreeable to signing an Agreement with the City for mtmicipal sewer and/or water services; and WHEREAS, the City is agreeable to furnishing said services upon certain conditions and conslderations; NOW, THEREFORE, the parties hereto hereby covenant and agree as follows: 1. The City does hereby agree to pro,,--ide sewer and/or water services, subject to the tern'ls of this Agreement, and to permit the O>v-ner to connect to its sanitary sewer and/or water main at the Owner's expense. /../, ) ,.' -/ Cbf":f -I. J " OJ- V6b~(2j ,IC1) , .. 1- I _0. R.5360 PAGE1494 The City shall not be liable for any damage resulting from any unavoidable cessation of service caused by Act of God, necessary maintenance work, or any cause beyond the control of the City. 2. In consideration of the covenants contained in Paragraph 1, im- . mediately above, on the part of the City, the Owner agrees: (a) to pay normal sewer and/or water connection charges and m.onthly sewer service and/or water charges to the City on the same basis as sewer service and/or water 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, Applicable fees for annexation request shall be due and pay- able upon receipt of this Agreement for proces sing. (c) The Owner agrees that it is to the mutual benefit of the Owner and the City, in recognition of the eventual incorporation of the property with- in the City, to have site and building plans reviewed and accepted by the City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall precede the execution of this Agreement by the City. (d) All property proposed to be subdivided or otherwise difierenti.. ated from the original parcel described in this Agreement shall be treated as a single parcel for the purposes of the subsequent annexation procedure, individual ownership notwithstanding. (e) The Owner agrees that the terms and provisions of this Agreement shall be binding upon its success.ors and assigns, and the City shall record this document. (f) 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 co'\renant -2- . r' 1 I -- " .0. R.5360 PAGE1495 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 mentioned in the Deed to said owners. (g) Ii the Owner or its successors. or assigns, or any subsequent owner. shall default in the performance of the terms and provisions of this Agreement, and the City shall institute legal proceedings 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 reasonable attorney's fee in connection there'With. 3. 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. Approved as to form and c s' 'l~ Attest: /I: )f~ 'It; '''', ",L,~; Witnesses as to Owner: OWNER: ~~ ~ By;/~. ~' ," ,- '. '- ?, -', " '. ..~............. .... . .. .. 4 -3. ... ,"", 1 I .o! R.5360 PAGE1496 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 acknow- ledgements, personally appeared N. 'v. HOLCCMBE '. M.LENORE HOLCOMBE and to me known to be the persons described in and who executed the foregoing Agreement and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State lastafo.t'e.. said this JiL day of Ur:f'- , ," ," q.., 1 9 82. ~/J ,".~'..i'-;!".c,,,,' .' I / , }, ,'_,' ",,' '.., , ~? 'a~~cL-/' Notary Public .. , $'; I .J 'I My commissioll expires: '9 -- tf~rYLf" STA TE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this ~7~ay of -fK~ .u 1982 , before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin,Mary Sue LamkiIf and.Charles F. LeCher, respectively City Manager, DjffJUT'1 . City Attorney, Clty 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 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 i~;&;b-.e.CoUpty of Pinellas and State of Florida, the day and year last above:~#tt.:e~~ ~., ~ '" My commission expires: !.ll)farv Public:, State of Florida at large My Commission Expires Oct. 31, 1983 JUlh.a~\,l u)' Americln, f...k@ ~ ~ualty, Company. C\-^~ . ~._~~~;;_~:: r Notary PubI~'l7', . - '-, " /.~'~ ' ~\~~:;:~;.. ::l'~~: " ".'., , , i ,;~' ;' i .i . . :; ~ .. ';. '" \i,.' -4-