SEWER - NATIONAL SAFE CORPORATION74111771
O.R. 4210 PAGE 996
AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of August,
1974 . by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "Cityl!, and
NATIONAL SAFE CORPORATION, a Florida corporation,
hereinafter referred to as "Owner";
WITNESSETH
WHEREAS, the Owner now owns the following described
property and intends to construct a residence thereon:
Part of Tract W2, Hercules Industrial Park, des cribed as follows::
From the Southeast corner of the SE 1/4 of the SW 1/4 of Section 1, Township 29
South, Range 15 East. r~n N OO~ 17148" W along the North-South centerline of
said Section 1, 5ll~ 50 feet; thence run N 890 21,'51=11 W parallel to the South
line of the SE 1/4 of the SW 1/4 of Section 1, 13.52.23 feet; then~e run
N OO~ 12 '55" ~ along a 40-acre line '(4.48 feet for a P. O. B. ; thence continue
North 000 12'55" West, 74 feet; thence run S 89014124" E, 190.02 feet; thence
S 000 12155" E along the West line of a County Street right-of-way (See O. R.
Book 2099, page 356) 74 feet; thence run N890 14124" W, 190.02 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:7iee, 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 continuous, 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, Qr 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:
,,'':';i~';;,;;i.;~i-k~"'''~3I';;;;X''j:.i~~:r:''''';'',t.&::-.,.'.;;::~.;.i';;~~~I""~'-' -:o.~~~.~,i!';;:~~.,;..i'-~"""'''--''''''-'''"-''-- _r_..:JJ-Z~
" ,
- ~
I
I
u, R. 4210 PAGE 997
(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 period.
(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 th3.t 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 0r any subsequent
owner shall default in the performance of be terms and provisions of this
agreement and the City shall institute legal proceedings to enforce the terms
and provisions hereof, the Owner, his succes sors and assigns, covenant
and agree to pay all costs of such proceedings, including the payme nt of a
reasonable attorney1s fee in connection therewith.
-2..
'_~.,"'~~;""':;'L.~~"":':':'~~~~i)9':.~>"-,*,~~~,:,,,_,;"""; -....r:......~:!lW.,---'-'z~.::-.:o:..;.',-'-,j {,;'-.iiir"...';:."=a:>..i.:. -..... ~"..~-tI.~~~'.:.do.. ~ '~':'''''~;_'';-'~- ':"':_"':".~.;,,,,, '-'.~ C-:~~'''''''~A'''~~'-~~~~~;'''~~'~3~~~:;:1:..-:;~~~~;;-..~~~~';;iQ.,
. . .
-~' ..
" .
..
~..~. ..
'"
,
'c .I
.1
I
u. ft. 42.10 PAGE 9S8
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
By
~
Atte~t:
Approved as to f m 8< correctness: ~
y~~~_ _ City Clerk
CIty Attorney
Signed, sealed and delivered in
the presence of:
;t.L /l~
. '1fJo:"<~~l' tA,,~Q,,;
A s City
\,
:~1j~
A{~f! Dw4
NATIONAL SAFE CORPORATION
By
~~
( President
Attest:
&~ c?J~k
*'"....7~\-r Secretary
STATE OF FLORIDA )
)
COUNTY OF PINELLAS }
I HEREBY CERTIFY, that on this Ya ~dav Of~
A. D. 19.74. before me personally appeared Picot B. Floyd, He ert 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~ration, 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 writterL,: ;;,;,
("1"-
Notory Public, State of f1orid<l cd l(\Ig~
My Commission Expires Aug. 1, 1978
Bonded by Ameri<c1O Fire S. Losuolty eg.
11~ a ~~~~,~'...']'-o'....
Nary Publicl ~"-,,~ '- ~ -. =-
L' --I _', " I_
.: ~" :c' )2-, d 0-,
',,; ,/".',
"'(.,'~;,,"".< j~' '~,"" ~" ,\....;.,.
My Commission Expires:
li'l.";l."
-3-
..
".
, r r
~;;-..
I
I
u. ~. 4210 PAGE 999
STATE OF FLOH.IDA )
)
COUNTY OF PINELLAS )
Before me, the undersigned authority, this day personZllly appeared
Thomas R. Seiter and Carrie A. Seiter
to me well known and known tei rne to be the individuals dxscribed in and
who executed the foregoing instrument as President and/S"J'~t'etary respectively,
of the Corporation named in the foregoing instrument, and they severally
acknowledged to and before ITle that they executed said instrument on behalf
of and in the name of said corporation as such office rs; 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 a~e duly
authorized by said corporation to execute said instrUluent 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.
~JL 7/ ~'~,:',
Notary Public
j;J
My Commission Expires:
Notary Public. State of Florida at large
My Commission Expires APRil 17& 1978
-4-
,.,/