SEWER - NORMAN KIRKLAND JR. AND MARGARET KIRKLAND77155162
O.R. 4605 PAGE1846
AGREEMENT
This Agreement, made and entered into this 30th day of September, A. D., 1977, by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and Forest Dean and Willadene C. Dean, and
Norman Kirkland, Jr., and Margaret Kirkland,
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 Clearwatei;!
but within the Ci.ty of Clearwater service area:
From the N 1/4 corner of Section l2, Township 29 S, Range l5 E, run S 89 0.24"1~"
E 33.0' along the North line of said Sectionto the East R/W of County Rd. #31:~..;''E
thence S 00017'00" W 30l. 07' along the East R/W of County Rd. #34 to the iIJt~~
section of said East R/W of County Rd. #34 and the South R/W of the Seaboa;r(I t.,"
Railroad, thence South 529.88', thence East l7' to the P. O. B. . ~ 't;
WHEREAS, the Owner desires to connect to the City sewer main and
and
is agreeable to signing an Agreement with the City for municipal sewer
services; and
certain :::::::. a:e C:::i~:r::~::sa;b1e to furnishing said services upont f{,td
NOW, THEREFORE, the parties hereto hereby covenant and agrEt.e
as follows:
1. The City does hereby agree to provide sewer services, subject
to the terms of tl;lis 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 unavbidab1e cessation of treatment caused
by Act of God, necessary maintenance work, or any cause beyond the control
of the City.
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.JJ.J.4605 PAGE1847
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 provis ions of
this Agreement shall be a commitment and obligation which shall not only
bind the present own~r 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 menti.oned in the Deed to said owners.
(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 tez,:ms and provisions hereof, the Owner, its successors and
assigns, covenant and agree to pay all costs of such proceedings. including
the payment of a reas,onable attorney'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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D.J.4605 PAGE1848
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.
CITY OF CLEARWATER, FLORIDA
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COUNTERSIGNED:
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OWNER:
Witness as to Owner:
By 1tJW-f~
,. Forest Dean .~
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Willadene C. Dean
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Norman Kirkland, Jr. .:;
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/ .. l.~~u..--f . L.^t..-1C.2 t.lA,,"'''(
Marg}iret Kirkland
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COUNTY OF PINELLAS
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o..R~4605 PAGE1849:
...
?TA TE OF FLORIlA .
I HEREBY CERTIFY that on this ~O day of ~)-e~ ,
A. D. 19.1l, before me personally appeared Anthony L. oemaker, Thomas A.
Bustin, R. G. Whitehead and Gabriel C<lzares, 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.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written.
1(,~C.
Notary Public
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My Commission Expires:
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N t Public State 01 florian at large
o (jry '. 9 1981
Mv Commission ExpIres Sep~,: 2r^~"anv
[)ooclcd by r\nH!riCan TUI:I Ii ( J
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CER TIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in th County afo esaid to take
o~l ments, personallyappe ed '
WITNESS my hand and official seal in the County and State 'last
aforesaid this rJ-.,} day of ~~ ' A. D., 194:
My Commission Expires:
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Notary ub' ..::. .,'.1.,., .... ': ..,,'
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J...;,'{ c,>>,JA'd:.~'.':'_'i ~ '''l. ~ U~~r: 4, 1978
BONDED THRlJ GE:,ERAL INSURANCf UNDERWRITERS
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