SEWER - NATIONAL SAFE CORPORATION (2)741.17712
O.R. 4210 PAGE1000
AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of
August, 1974, by and between tbe CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City", and
NATIONAL SAFE CORPORATION, a Florida corporation, hereinafter referred to as "0wner";
WITNESSETH:
WHEREAS, the Owner now OWns the following described real
property and intends to construct a residence thereon:
From the SE corner of the SE 1/4 of the Sw. 1/4 of Section It Township 29 South,
Range 15 E~st, run N 000 1714~11 vr along the N-S centerline of said Section 1,
511. 5,0 f~et; run thence N ~90 21154" W parallel to the South line of the said
SE,l/4 of the SW 1/4 of Section 1, 72.0.97 feet; thence continue N 89021'5,4"W,
631.26 feet; run thence N poo l215?" W, along the west line of saidSE 1/4
o~ the S W, 1/4 of Section 1, 148. 48 f~et for a Point of Beginning; thence continue
N 00012155" W, 98.,00 feet; run thence S 89014124" E,19P. 02 feet; run thence
S OO~ 12'55" E along the west line of a county street easement 98,.00 feet;
run thence N 890 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:ree, 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'3, however, the City shall not be liable
for any damage resulting from any unav0idable 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 pa rt of the City, the Owner agrees:
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U'. ~. 4210 PACE1001
(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 sewe r 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 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 succeSEors 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 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 payme nt of a
reasonable attorneyts fee in connection therewith.
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ii. ~,4210 PAGEtOO2
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
CITY 0;1 CLEARWATER, FLORIDA
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By '~M~if~d
Attest: '/ ~l
correctness:, ~.' ~..'" ,... ........
~ Clerk . ,..'
Signed, sealed and delivered in
the presence of:
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As to ity
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As to ner
NATIONAL SAFE CORPORATION
By
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. President
Attest:
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. ~~I Secretary
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:
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Notary Public, Slale of FloriJ" 01 L(~'ge
MyCommiS'ion Expires Aug, 1, 1978
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u~ ~.4210 PAGE1003
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STATE OF FLOIUDA
COUNTY OF PINE'LLAS
Before m,e, the undersigned authority, this day personally appeared
Thomas R. Seiter and Carrie A. Seiter
to me well known and known t6 n.e to be the individuals ~xscribed in and
who executed the foregoing instrument as President andAf~gt.etary 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 s Uell offj cers; 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 al:e 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 af,fixed my
official seal this 18th day of June , A. D. 1974.
JLe- ~ ~/
Notary Public
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My Commission Expires:
Notary Public, State 01 Florida at large
My Commission Expires APRIL 17" 1978
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