SEWER - M. LENORE AND N.W. HOLCOMBE
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01 Ca~h ~ o. R.5360 PAGE1493
40 RfC -L g .60 A G R E E MEN T
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( 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
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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).
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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.
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_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
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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
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.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
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Attest:
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Witnesses as to Owner:
OWNER:
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.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'- ,
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My commissioll expires:
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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~~
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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.
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