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WATER SERVICE TO MONTEREY HEIGHTS SUBDIVISION r ... , -of Ac._~ J I WATER SERVICE AGREEMENT THIS AGREEMENT, by and between MONTEREY CO~WANY, INC., a Florida corporation of Clearwater, Pinellas County, Florida, party of the first part, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, party of the second part, WITNESSETH: THAT WHEREAS, party of the first part is interested in the development and sale of lands described as follows, and desires water service to said lands: MONTEREY HEIGHTS SUBDIVISION, according to the map or plat thereof as recorded in plat book 28, page 40 of the public records of Pinellas County, Florida, MONTEREY HEIGHTS FIRST ADDITION, according to the map or pEt thereof as recorded in plat book 33, pages 43 and 44 of the aforesaid records, and the ten (10) acre tract described as the Northwest Quarter (NW~) of the Southwest Quarter (SW~) of the Northeast Quarter (NE~) and the Southwest Quarter (SW~) of the Southwest Quarter (SW~) of the North- east Quarter (NE*), all being in Section 27, Town- ship 29 South, Range 15 East, and WHEREAS, party of the second part is willing to undertake to provide continuous water service upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and promises herein contained, and in further consideration of the sums of money to be paid hereunder, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. The party of the first part will simultaneously with the execution and delivery of this Agreement pay to the party of the second part the sum of TWENTY-FIVE HUNDRED DOLLARS ($2500.00), which said amount shall be retained by the party of the second part without interest until such time as water service to the above described property is commenced. 2. The party of the first part will provide at its subdi- vision the necessary transmission mains and laterals approved by the State Board of Health and the City Manager with all appur- tenances to serve the above described property with pressure for adequate supply of pure and potable water. r, ~ ,,' \_ :' ' ), i' /) #' , J I 3. The party of the first part will release to the party of the second part a plot of land in said subdivision described a s follows: The South Seventy-five (75) Feet of the West One hundred Thirty-four (134) Feet of an area described as Park Area on the plat of MONTEREY HEIGHTS FIRST ADDITION as recorded in plat book 33, pages 43 and 44 of the public records of Pinellas County, Florida, so that the said party of the second part may proceed within thirty (30) days to install on the said land so released to the City a ten inch (10") well with a six inch (6") discharge, to- gether with an appropriate pump, together with housing therefor, and including any six inch (6n) main desired by the party of the second part, together with other necessary appurtenances so as to provide adequate water into the mains to be constructed by the party of the first part and the City of Clearwater distribution system. 4. It is the agreement of the parties hereto that the cost of the well, pump, housing and appurtenances shall be shared equally between the party of the first part and the party of the second part, and the deposit of TWENTY-FIVE HUNDRED DOLLARS ($2500.00) shall be adjusted upward or downward upon completion of the installa- tion of said well and appurtenances as will make the deposit of the party of the first part equal one-half of the cost thereof. 5. The party of the first part will convey and grant unto the City an appropriate site to be designated by the City for the installation of the said well and appurtenances. In the event that within twenty (20) years from the date hereof said well is abandoned-permanently and_the P'llmp and equipment and appurtenances are removed from the property by the City, the lands so conveyed and granted shall revert to the party of the first part. 6. The party of the second part will refund to the party of the first part the amount of the foregoing deposit at the rate and by the means of two and one-half cents (2~~) per thousand gallons of water used by the party of the second part from said -2- ,. . ',/ 1 J well until such time as the total amount of the adjusted deposit is repaid to the party of the first part, whereupon the well and appurtenances shall belong to the party of the second part and no further refund shall be made to the party of the first part from the party of the second part. 7. It is further agreed and understood that in the event that the above described property becomes a part of the City of Clearwater, then mains laid or to be laid in any street, alley, or public way shall be and remain the property of the party of the second part, its successors and assigns, and that the property of the second part retains and shall have the right to extend any main installed by it pursuant to the terms of this agreement in or to other lands, streets or ways, but the party of the first part shall not by reason thereof be entitled to any repayments other than those provided for. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their name by the duly authorized officers and the corporate seals to be hereunto affixed this KJ~ day of May, A. D. 1955. ~EY CO~rP;~ ~ ~nt / ~-tA- '/ --- sses as to execution of Clearwater: by Approved as to form and correctness: ---~ "'-@:'~~-~ ~... Cl A 0 ney I , ~~ ~_~il) ~ of)j~ . -)- -.