SEWER - NATIONAL SAFE CORPORATION (4)
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pO.t4S35 f'M:[i3~9
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AGREEMENT
WHEREAS, the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreementll with National Safe Corporation,
a Florida corporation
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
August 30, 1974
, for the following described real property located
outside the municipal limits of the City of Clearwater, which property is
pres ently owned by
National Safe Corporation, a Florida corporation
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hereinafter referred to as "Owner": \
All that portion of Lot 28, in the SW 1/4 of Section 1, Township 29 S, Range 15 E, Pinellas
. Groves, according to the map or plat thereof as recorded in PB 3, p. 15 of the Public Records of
Pinellas County, Florida, described as: From the NE corner of the S 1/2 of the SW 1/4 of the
SW 1/4 of Section 1, Township 29 S, Range 15 E, being the NE corner of said Lot 28, run S 00
12'54" E along the 40-acre line 1331 for a P.O. B.; thence continue S 0012154" E along said 40-
acre line 338.891 to a point on the Northerly right-of-way line of the SALRR, said right-of-way
line being 301 Northerly of the centerline of said right-of-way; run thence N 72055'48" W along
WHEREAS, the sewer services agreement provided for an annual (see
Addendum)
charge for said services, which charge was equivalent to the tax revenue
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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
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WHEREAS, it is noW apparent that said property canriot 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 owners
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 Clea:.:'water has, by
motion dated January 20, 1977
, authorized the execution of this
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.n~ t4535 f'^cr1340
Agreement and Release, 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 agr~e to execute a re1eas e reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said release, 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
1 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 as signs, 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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'[0:, a. 4535 f~Gt1341
IN WITNESS WHEREOF, the pi. rties hereto have caused this
agreement to be executed this ~ay of ~~
A. D. 1 97-l-.
Countersigned:
y?fr~/2?~
. Mayor-Commission ..../
By
FLORIDA
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Signed, sealed and delivered in
the presence of: r
By
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As to Owner
OWNER
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STA TE OF FLORIDA
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I HEREBY CERTIFY, that on this /8 . day of ~\q\-,,'
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 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.
COUNTY OF PINELLAS
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:
~ia'rY"~'ie; Sta~ of Ftorldo at Large
My Commission Expires Sept, 29, 1977
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'o~R.4535 f^GE1342
STATE OF FLORIDA
COUNTY OF PINELLAS:
BEFWE ndersigned autho~ dV If}'r!!eM.lIY
appeared J-. and ,,~
to me well known and known t e to be the individuals described in and
who executed the foregoing in rument as President and Secretary 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 ~JjEREOF I have hereunto set my hand and affixed my
official seal this c:7~ day of k~ , A. D. , 19 11 .
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My Commission Expires:
NOT AR'i ?UPL'C ST A IE OF FLOR:DA AT LARGE
MY COMMiSSION EXPIRES APRIL 3 1980
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ADDENDUM
.o.R.4535 I'M;E1343
said right-of-way line 144, 66 feet; run thence N 0011'41" W, along a line
200 feet Easterly of and parallel to the W line of said Lot 28, 245.98 feet;
run thence N 68008'04" E, 148.53 feet to the P. O. B.