SEWER - NATIONAL SAFE CORPORATION (6)
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.~,.t 4535 f^CE1J76
AGREEMENT
WHEREAS, the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with National Safe Corporation,
a F10r ida corporation
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
Au~ust 30. 1974
, for the following described real property located
01Jts ide the municipal limits of the City of Clearwater, which property is
presently owned by
National Safe Corporation, a Florida corporation
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hereinafter referred to as "Owner":
Part of Tract W2, Hercules Industrial Park, described as follows: From the SE corner of the
SE 1/4 of the SW 1/4 of Section 1, Township 29 South, Range 15 E, run N 00017'48" Walong
the N -S centerline of said Section 1, 511. 50'; thence run N 89021' 54" W parallel to the S line
of the SE 1/4 of the SW 1/4 of Section 1, 1352.23'; thence run N 00012155" W along a 40-acre line
74.48' for a P. O. B. ; thence continue N 00012'55" W, 74'; thence run S 89014124" E, 190.02';
thence S 00012'55" E, along the W line of a county street right-of-way (See O.R. 2099, p. 356) 74';
thence run N 89014'24" W, 190.02' to theP.O.B.
WHEREAS, the sewer services agreement provided for an annual
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charge for said services, which charge was equivalent to the tax revenue
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
WHEREAS, it is now apparent that said property cannot 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 Clearwater has, by
motion dated
January 20, 1977
, authoriz ed the execution of this
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'O,'t 4535 '^GE1377
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 agree to execute a release 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
I 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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~R. 4535 t'''-1378
IN WITNESS WHEREOF, the IS- rties hereto have caused this
agreement to be executed this ~ay of qf~
A. D. 197..;2-.
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,/ Mayor-Commissio .
By -
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Signed, sealed and delivered in
the presence of:
NATIONAL SAFE CORPORATION
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As to Owner
By;Jd~ ~~~'~P/?
Pre sident '
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OWNER
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STATE OF FLORIDA
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COUNTY OF PINELLAS";'>>;I',"'"""
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I HEREBY CERTIFY, that on this /8 day of' ~."
A. D. 197-1-, 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.
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:
Notary Public, Stote of F1orido elf Large
My Commission Expires Sept. 29, 1971
Bonded br Aa.lr;ttllR 'ir. l ~.a~_II, ~.
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.U.R.4535 fM;f 13 79
STATE OF FLORIDA
COUNTY OF PINELLAS:
BEFORE M.~underSign. e.d auth~s ~yt1e!'4ona. lly
appeared 0 (e) ~ and , ~
to me well known and known 0 me to be the individuals described in and
who executed the foregoing instrument 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 corporatealitIioriJY:;~th::lt the-y-are duly
authorized by. said corporation to execute said instrument and that said
instrument is the free act and deed of said corporation.
official I::~~~~ES~;IE~~~~ I h~~unto set my ~a~~~~_~ii~,i7?d my.
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Mv Commission Expires:
-''NOTARY PUBLIC STI\TE OF FLORf'DA AT LARGE
MY COMMISSION EXPli:[S APRiL 3 1980
BONDED THRU GENER/.l IN'> llMJFRWRIHR5
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