SEWER - MELVIN T. MCKNIGHT AND LOIS MCKNIGHT (3)73021383
O.R. 3994 PAGE 1034
AGREEMENT
THIS AGREEMENT, made and entered into this
16th day of February, 1973, by and between the CITY OF CLEARWATER,
FLORIDA, aluniciPal corporation, hereinafter referred to as "City", and
MELVIN T. McKNIGHT and LOIS McKNIGHT, his wife,
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 10, Pinellas Terrace, as recorded in Plat Book 49,
page 52 of the Public Records of Pinellas County, Florida;
and
WHEREAS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the City for municipal sewer
services; and
WHEREAS, the City is agreeable to furnishing said services upon
certain conditions and considerations;
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 permit the Owner to connect to its sanitary sewer main at the Owner's
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however J the City shall not be liable
for any damage resulting from any unavoidable cessation of treatment 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
immediately above on the part of the City J the Owner agrees:
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o. ~. 3994 PAGEI035
(a) To pay the normal sewer connection charge and monthly sewer
service charges to the City on the same basis as persons living outside the
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municipal boundaries are charged.
(b) The parties hereto do further covenant that within one (1) year
from the date that said Owner connects to the City sewer main, he shall
petition the City for annexation into the limits of said City and as a matter of
fact, this agreement may be considered a written request to annex at the
expiration of said one (1) year period.
(c) If at the expiration of a one (1) year period from the date of con-
nection to the City sewer system the above described real property cannot be
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- legally annexed into the City, thenthe Owner shall pa'y an annual charge to the
City based upon the tax revenue that the City would receive from real property
taxes if the prope rty as he reinabove des cribed was in the City, and therefore
subject to a real property tax by the said City iri addition to the monthly sewer
service charges. Payments shall be made on January 1st of each year following
the expiration of said one (1) year period. In the event of annexation as herein-
above provided, the foregoing. annual charge shall not be in effect.
(d) The Owner agrees that this agreement shall be binding upon his
heirs, administrators and assigns and that the City may record this document
if it so desires.
(e) 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 run with the land and shall
bind and be enforceable against 'all subsequent owners of said described real
property whether or not mentioned in the deeds ,to said owners.
(f) If the Owner, or his successors or assigns orany 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 av.-ner, his 'successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a
reasonable attorney's fee in connection therewith.
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o. R.3994 PAGE1036'
IN VflTNESS V/I-IEREOF, the p.:irtie5 hereto have caused tllis dgreernent
to be executed the day and year first above written.
Y'
.
7;~~SS:
City Attorney
Signed, sealed and delivered in
the res enceof:
1
~Jh
Melvin T. McKnight
(SEAL)
As to City
~/7;~~,
Lois'Mc nig
~
(SEA L)
~~
t:ff: to Owner
5tTATE OF FLORIDA )
}
COUNTY OF PINE LLAS )
I HEREB Y CERTIFY, that on this It, day of:::;;' ~ ,J ~ .. L
A. D. 19.731 before me personally appeared Merrett R. Stierhe~~'d't"- M.
Brown, R. G. Whitehead and H. Everett Hougen, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corp~ration, 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 rnunicip3.l corporation is duly
affixed thereto, and the said agreement is the act and deed of said corp::>ration.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
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My Commission Expires:
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Notary Public, State of Fh!i(lJ "t la~~e
Mv Comrllission E:.;-::r::s S:pl. 7.9, 1973
~onded By American Firo & i...u.sU3lty Co.
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D. R. 3994 PAGE10J7
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREB Y 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 Melvin T. McKnight
, and Lois McKnight. his wife.
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
aforesaid this
my hand and official seal in the County and State last
~1 day of V~ZiZ;;~'
Notary Public
My Commission Expires:
NOTftl'V Pllrl IC. STATE .,r 'I nqlDJ. -. "11)'::,,',
M't COMMISSION UPIRElIEPl. ,.
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