SEWER - NELTON ZUPPA77098583
O.R. 4564 PAGE 854
AGREEMENT
This Agreement, made and entered into this 21st day of
June, A. D., 1977, by and between the CITY OF
FLORIDA, a municipal corporation, hereinafter referred
to as "City", and Nelton Zuppa, a single man hereinafter referred to as "Owner";
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:
The North 141 feet of Lot 16, Pinellas Groves in the SW 1/4
of Section 1, Township 29 South, Range 15 East, 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 servlces upon
certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
1. The City does hereby agree to provide sewer services, subject
to the terms of this Agreement, and to permit the Owner to connect to its
sanitary sewer main at the Owner's expense. The City shall not be liable
for any damage resulting from any unavoicrable cessatLonof treatment caused
by Act of God, necessary maintenance work, or any cause beyond the control
of the City.
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o. R. 4564 PAGE 855
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer service
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. Filing fees shall be waived by the City.
(c) The Owner agrees that the terms and provisions of
this Agreement shall be binding upon its successors and assigns, and
the City shall record this document.
(d) The Owner agrees that the terms and provisions of
this Agreement shall be a commitment and obligation whi.ch shall not only
bind the present owner of said described real property, but shall be a
covenant 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 owner s.
(e) . If 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 pr oceedings
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 paymeIifof a reas-onableattorney' s fee in connection ther ewith.
3. This Agreement shall continue until cancelled or terminated by
either party giving sixty (60) days' notice (written) to the other party of such
termination.
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O. R. 4564 PAGE 856
4. 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.
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Witness as to Owner:
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CITY OF CLEARWATER, FLORIDA
COUNTERSIGNED:
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. Mayor-Commis . ne:r: ..'
OWNER:
By
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STATE OF FLORItA
u. R. 4564 PAGE 857
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COUNTY OF PINELLAS )
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I HEREBY CERTIFY that on this ;}J- day of ~
A. D. 19:]l, before me personally appeared Anthony . S oemaker, Thomas
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 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.
A.
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:
Notary Pul:l:c, Slate of Florida at large
My Comm,so,or. I:;<;,:."s Sapt. 29, 1977
Bonded by Americon Fire & Ca,uo!ty Co.
STATE OF FLORIDA )
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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
acknowledgments, per sonally appeared Nelson Zuppa, a single man,
to me known to be the person(s) described in and who executed the foregoing
Agreement and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 1 st day of June , A. D. , 19 77
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