SEWER - GEORGE NANKO AND REBA NANKO - REF ORIGINAL AGREEMENT WITH MELVIN T. MCKNIGHT AND LOIS MCKNIGHT
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O.R. ~ 719 PAGE 2191
AGREEMENT
the CITY OF CLEARWATER, a Florid~ municipal'
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with Melvin T. McKnight and Lois
McKnight, his wife
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
February 16, 1973 , for the following described real property located
outs ide the municipal limits of the City of Clearwater, which property is
presently owned by
George Nanko and Reba Nanko, his wife,
'hereinafter referred to as "Owner":
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Lot 17, Block 10, Virginia Groves Estates First
Addition, as recorded in P. B. 47, Pages 41, 42
and 43, of the Public Records of Pinellas County, Florida;
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WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City. and
WHEREAS, the contract provided that the annual charge would begin
two (2) years after the signing of the contract and would be terminated when
the property was annexed into the City, and
WHEREAS, it was the intention of both parties to the Agreement to
have said property annexed into the City of Clearwater, and
WHEREAS, it is now apparent that said property cannot be annexed
into the City, and the annual charge will continue to be assessed against the
property and will constitute a lien thereon ad infinitum;
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from. non-municipal property and the property <>wners
wish to be released from their burden of having such annual charges assessed
against said property; and
WHEREAS, the City Commission of the City of Clearwater has, by
motion dated
, authorized the execution of this
"
January 20. 1977
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bJ.~. '719 P~G~ 21 92
Agreement and Releas e, which release, or a copy thereof, is attached,
marked Exhibit B, and by reference made a part hereof;
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 continue to provide the owner with sewer services heretofore provided,
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work,
or any caus e beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said releas e, attached and marked Exhibit B,
shall be executed following payment of the annual charges assessed on the
real property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
I and 2, immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
boundaries are charged, and as is provided by City Ordinance, as long as
such real property remains outside the municipal boundaries of the City
of Clearwater.
(b) 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.
(c) The Owner agrees that in the event that the property
which is the subject of this agreement becomes eligible for annexation, the
Owner shall petition the City for annexation into the limits of the City and
as a matter of fact, this Agreement may be considered a written request
to annex.
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IN WITNESS WHEREOF, the pi rties hereto have caused this
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agreement to be executed this
A. D. 197L
Countersigned:
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As to City
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OWNER
STATE OF FLORIDA )
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COUNTY OF PINE LLAS )
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I HEREBY CERTIFY, that on this S -- day of
A. D. 197,L, before me personally appeared Anthony L. Sl90em er, Thomas A.
Bustin, Lucille "Vl{jJJ.iamsand Charles F. LeCher , respectively City Manager,
City Attorney~Ity 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.
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WITNESS my signature and official seal at Clearwater in the Courity
of Pinellas and State of Florida, the day and year last above written.,
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O,R. ~ 719 pnGE ! 1 9 ~
STATE OF FLORIDA )
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COUNTY OF PINE LLAS )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, pers onally appeared
George Nanko & Reba Nanko
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 last
aforesaid this 13th day of July ,A.D. 1977
My Commission Expires: Sept. 17, 1977
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u. R. 3994 PAGEI026
Q,R. '719 PAGE 21 9 5 .
AGREEMENT
THIS AGREEMENT, made and entered into this / ~ aJ day of
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r-../;;.?I.AA-(;!:.A/~ t~ 19 73 t by and between the CITY OF CLEARWATER,
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FLORIDA, ~ rnunlclpal corporation, hereinafter referred to as "City" t and
~"J.~"!::l"'~~+~~.r~~~t'~:~~.t?;'"~~~~_.;.;-~~ ,~_,~~~~,::'-!\:;:"-:F^=-~.; ,,<~")jf"'-::r'''.'~'''"',,"'''''~ h . r
_~ :,..':;',b..v.E:~j;'~~":i.VJ_.;::tL~~i....;Wt~~ ,'r:r-b'O' i:5:l';lkr:,;k1,G.w.::,E~ . is WIl. e ,
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner nOW ownS the following described real
propl~rty and intends to construct a residence thereon:
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Lot 17, Block IO, Virginia Groves Estat~s First'
Addition, as recorded in Plat Book 47, pages 4l,
42 and 43 of the Public Records of Pinellas County,
Flor:ida;
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and
WHEREAS, the OWner desires to connect to the City sewer IT'2.1n
and is agreeable to signing an agreenlent wittl the City lor mtL'iicip<.'1. s ewe r
services; and
W1IF:REAS, the City is agreeable to furnishing said serVlces upon
cert2.in conditions and considerations;
NOW, THEREFOR?. the p-lrtie:..; hereto hereby covenant and agree
as follows:
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1. The City does hereoy agree, subject to the terms of this agreement,
to perrnit the OViner to connect to its s2_nit2.ry sew-er main at the Owner's
expense. The City does agree that such connection for the tre2_tment of
sewage will at all times be continuous, however, the City shall not be liable
for any danlage resulting from any unavoidable cessation ot treatment caused
by act of God, necessary m2,intenance work, or any cause bCj'8nd the cc::>ntrol
of the City.
2. In consideratio=-~ of the covenants contair,_cd ln I'd1'c '':'2.uHl
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imrnedi:::>..tely above on the.. l-.
of the Cit/, . ~ (,'
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EXHIBIT A
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e,ft, '719 PAGE 219 Q
(J. R.3994 PAGE1027
(a) To pay the norm,al sewer connection charge and monthly sewer
service charges to the City on the same b2_sis as persons living outside the
..
municipal bounda~ies are charged.
,
(b) The parties here to do furthe r covenant that within one (1) year
from the' date tbat said Owner connects to the City sewer maIn, he shedl
petition the City for annexation into the limits of said City and as a matter of
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fact, this agreement_ ID2.y be considered a written request to annex at the
expiration of said one (1) year period.
(c)
If t th ~'70,-",,"~'-~~"""""'-"""'f .,=_t":J.""",~..,"",,,,:;"r,"1"',;:";,,.:C,c"^""";'it 0
a e ~~_t~:~::.~.g~'::!~-="t~ a !!!:...c:.-::~-.'.~,:.~~."'.'.'::,!.r:_~-:.'~;::.;:~~;:-f-,~.::':-~"~_1',:::.:;.-o. rn
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the date of con-
nection to the City sewer system the above descrii)t~d re;;d property cannot be
legally annexed into the City, thm the o.vne I' shall pa y an ~~:C;;;:J..;,:;:.b:cliafg;;J to tbe
City ~~'a~ul'r6T}".~5,:~!:;::_~'{:~:;:t;:''QeAG1~ that the City would receive ~fG~rS'.Q~~'t
G:~~5~c,~tf.;-::tIit:?~t~PE:r:~0&:"n:t~1#~~~~;:Yc:e-~~*~:~r:V:>:~~:s'va.:s/:::Til'''i''::1,~:::;G-;::;)', and the ref 0 I' e
S~}J>;;"'''''';~"i~~2~~''::;l..';.\d::'p]:'~,;;.~:";i{y;?'riE..( b1':~'~;::,2~;?id City in addition to the nlonthly sewer
service charges. Payments shall be ITk,de UIl JanU2;:Y Is t of eeLch yeaT followii1g
file e:x:pir2~ tiOll of S2. id one (1) year pe riod. In the event of2_nnexa tion as here in-
above provided, the foregoing aDEn?l ch2_rge shall not be in cIted.
(el) The eNiner agrees that this agreement shall be binding upon his
heirs, administrators and as sIgns and that the City may' record this dOCUTIlent
if it so desires.
(e) The Owner agrees that the term; and provisions of this agree:nent
shall be a commitment and obligation which shan not only bind the present
Owner of said described real property, but sball r.un with the land and s['2_11
bind 2.nd be enforceable against all subsequent OVir.ers of said described real
property whethe l' or not mentioned III the deeds to s2_id owners.
(f) If the Owner, or his successors or assigns or any' subsequent
owner shall dcf2_ult in the perfonnance of the terms and prOVISIons of this
agreement and the City shall institute legal proceedings to enforce the tenns
and provisions ?ercof, the Owner, his successors aEd assigns, coven-c,..t
t
and agree to pay all c:, ts of such proceedings I including the payment of a
reason,able attorney's :'.. in connectio:l t}lerc\.\-ith.
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a. R. 3994 PAGE1028
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IN \nT!'-iESS VlI-:::EREOF,
the p.:ii-tie:s hereto have
to qe executed the day and year first above written.
CO~:7;ed: ,'/1/
. /(/ (;4utiJhl~1h-. City Manage; ::-'> . .
~;~Commissioner Atte~n '1 / ~ ,'., -' - '...,
Approvedcas to form - correctness: ICJ/~~iY':' ",-
'--~~~Ad--~ City Clerk . ""
City Attorney
LEARWATER. FLORIDA
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Vks to Owner
S-TATE OF FLORIDA )
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COUNTY OF PINE LLAS }
I/, day of3~;V~~~_~.,
A.D. 19,73. before me personally app2ared Nferrett R, StierheiI'n, Herbert M.
Brown, R. G. Whitel1ead and rL Everett Hougen, respectively City Manager,
City Attorney, ~ity C'lerk and Mayor-Commissioner of the City of Clearwa.ter,
Florida, a municipal corp:Jration, to me knO\\/Il to be tne individuals and officers
described in and wno executed tne foreg:Jing Agreement and severally acknowled.gcd
the execution thereof to be their free act and deed as such officers thereunto
duly authorized; and that the official seal of said municip:d corporation is duly
affixed thereto, and the said agreen1cnt is the act a.nd deed of s2.id corp::>ration.
I HEREB Y CERTIFY. th2.t On tnis
WITNESS my signature a.nd official s~al at Clearvlater in tne County of
Pinellas and State of Florida, the day and year last above written.
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My Con1mission Expires:
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Q,R. ~ 719 PAGE 2198
G. R.3994 Pt,GE1029
,STATE OF FLORIDA )
)
COUNTY OF PINE~LLAS )
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
acknowledglnents, 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 ackno'.vledged before me that they executed the S3-me.
WITNESS rny hand and official
aforesaid this ~7 day of
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seal in the County and State last
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V..c/J1:i/1.:7V . A.D. 1973
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My Cornmission Expires:
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MY COi,1i,nS::;IO:; E;(PIRes SEP1. 7. 1976
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o.~.~f719 PAGE 2 1 9 9
RELEASE
and
WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City; and
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from the property located outside the municipal limits,
and the property owners wish to be released from their burden of having
such annual charges assessed against said property;
NOW, THEREFORE, in consideration of the foregoing and in
consideration of the receipt of the sum of $
, which sum
represents the annual sewer service charges levied on the Owner's property
to date, and the City does hereby acknowledge the execution by the Owner
of a new agreement for sewer services, and, in consideration thereof,
the City does hereby remise, release, and forever discharge the Owner
of the property from further obligation under the agreement dated
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EXHIBIT B
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I O.R. ~ 719 paGf 2200
IN WITNESS WHEREOF, the City of Clearwater, Florida, has
caused this Release to be executed this
day of
19
CITY OF CLEARWATER, FLORIDA
Countersigned:
By
City Manage r
Mayor - C ommis s ione r
Attest:
Approved as to form & correctness:
City Clerk
City Attorney
Signed, sealed and delivered
in the pre sence of:
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day of
A. D. 197 , before me personally appeared Picot B. Floyd, Thomas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectively City Manager,
City Attorney, City 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 Release and severally
acknowledged the execution thereof to he 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 Release 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.
Notary Public
My Commission Expires:
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