SEWER - NATIONAL SAFE CORPORATION (3)
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iJ. k. 4210 PAGE1004
AGREEMENT
THIS AGREEMENT, made and entered into this 30 if day of
. ~1974 , by and between tbe CITY OF CLEARWATER,
FLORID , a municipal corporation, hel einafter referred to as 'ICity", and
NA TIONAL SAFE CORPORATION, a Florida corporation,
hereinafter referred to as l'Owner";
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WITNESSETH
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WHEREAS, the Owner now Owns the following described real S
property and intends to construct a residence thereon:
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All that portion of Lot 28, in the Southwest Quarter of Section 1, Township 29 South,
Range 15 East, Pinellas Groves, according to the map or plat thereof as recorded in
Plat Book 3, Page 15 of the Public Records of Pinellas County, Florida described as
follows: From the NE corner of the South 1/2 of the SW 1/4 of the SW 1/4 of Section 1,
Township 29 South, Range 15 East, being the Northeast corner of said Lot 28, run
S 00 12154" E along the 40-acre line 133 feet for a Point of Beginning; thence continue
S 001215411 E along said 40-acre line 338.89 feet to a point on the Northerly right-of-way
line of the SALRR, said right-of-way line being 30 feet Northerly of the centerline of said
right-of-way; run thence N 720 55' 4811 W along said right-of-way line 144.66 feet; run
thence N 0011141'1 W along a line 200 feet Easterly of and parallel to the West line of said
Lot 28, 245.98 feet; run thence N 680 08104" E, 148.53 feet to the P. O. B.
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 ag~ee, 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 continuou" however, 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, the Owner agrees:
RETURN TO:
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u. ~. 4210 PACE1005
(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
municipal boundaries are charged.
(b) The parties hereto do further covenant that within two (2) years
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 two (2) year periodo
(c) If at the expiration of a two (2) year period from the date of con-
nection to the City sewer system the above described real property cannot be
legally annexed into the City, then the Owner shall pay an annual charge to the
City based upon the tax revenue that the City would receive from real property
taxes if the property as hereinabove described was in the City, and therefore
subject to a real property tax by the said City in addition to the monthly sewer
service charges. Payments shall be made on January 1st of each year following
the expiration of said two (2) 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 or any subsequent
owner shall default in the performance of the terms and provisions of th:s
agreement and the City shall institute legal proceedings to enforce the terms
and provisions hereof, the Owner, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a
reas onable attorney IS fee in connection therewith.
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v. ~,4210 PAGEl006
IN WITNESS WHEREOF, the parties hereto have caused thil:l agreement
to be executed the day and year first above written.
By
Attest: '" /Zl. /7 ,/
~,pro"ed as to form correctness: ~~,' /?, "
! ~ City Clerk
C ty Attorney
Signed, sealed and delivered in
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NA TIONAL SAFE ,CORPORA TION
By
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, Pres ldent
Attest:
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~"'> 'T Secretary
STATE OF FLORIDA )
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COUNTY OF PINELLAS }
I HEREBY CERTIFY, that on this 3--tJ ~ day of ~
A, D. 19.74. before me personally appeared Picot B. Floyd, Her rt M.
Brown, R; G. Whitehead and H. Everett Hougen, respectively ity Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corp~Hation, 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 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. ,,',
My Commission Expires:
Notory Public, Slale of Florida al large
Mv Commission Expires Aug, 1, 1978
Sonded by American fire &. Casuolty Co.
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u. k.4210 PAGE1007
S TA TE OF FLORIDA
COUNTY OF PINE LLAS
Before me, the undersigned authority, this day personally appeared
Thomas R. Seiter and Carrie A. Seiter
to me well known and known to me to be the indi viduals d~s cribed in and
who executed the foregoing instrument as President and tJeslretary respectively,
of the Corporation named in the foregoing instrument, and they severally
acknowledged to and before me that they executed said instrument on behalf
of and in the name of said corporation as such officers; that the seal affixed
to said instrument is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authorized by said corporation to execute said instrument and that said
instrument is the free act and deed of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my
official seal this 18th day of June , A, D. 1974.
My Commission Expires:
Notary Public. State of Florida at large
My Commission Expires APRIL 11. 1918,
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