SEWER - NATIONAL SAFE CORPORATION (5)
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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 "Agreement" with National Safe Corporation,
a Flor ida 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
presently owned by National Safe Corporation, a Florida corporation
hereinafter referred to as "Owner":
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 0001714811 W along the N-S centerline of said Section 1, 511. 501; run thence N 89021'54"
W parallel to the S line of the said SE 1/4 of the SW 1/4 of Section 1, 720.971; thence continue
N 89021'5411 W, 631. 26'; run thence N 00012'5511 W, along the W line of said SE 1/4 of the SW 1/4
of Section 1, 148.48' for a P.O.B.; thence continue N 00012'55" W, 98.00'; run thence S 89014'
24" E, 190.02'; run thence S 00012' 5511 E along the W line of a COWlty street easement 98,00';
run thence N 89014'24" W, 190.021 to the P.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 cons titute 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 assess ed
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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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 inlpose 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 nwnbered
1 and 2, immediately abo've, on the part of the City, the Owner agr ees :
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
bOWldaries 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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'O,t 4535 f'AGE1366
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IN WITNESS WHEREOF, the IE- rties hereto have caused this
agreement to be executed this ~ay of /l! ~
A. D. 197 7 .
Countersigned:
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F CLEARWATER, FLORIDA
'&1D.
City Man
By
Signed, sealed and delivered in
the presence of:
NATIONAL SAFE CORPORATION
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I HEREBY CERTIFY, that on this /g 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.
OWNER
STA TE OF FLORIDA
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COUNTY OF PINE LLAS )
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 Commis sion Expires:
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NotarY Pu:;I!c, S;."te of F:oricla at large
My Commission Ex?,rc< Sept. 29, 1977
IlOnded by Amencan tIre & I.a$Ualty ~.
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'0. t 4535 l'^cE1367
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STATE OF FLORIDA
COUNTY OF PINELLAS:
BEFORE;. }viE'1I t~ undersigned authori~di?P':r~nalIY
appeared ~ f1)LJJIcXL and , ~
to me well known and kno to me to be the individuals described in and
who executed the foregoin 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 corp'oration 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 ~EREOF I hay~ her7fnto set my hand and affixed my
official seal this ~r tk day of !lL~
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Notary Public
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LAROl
MY COMMISSION EXPIRES APRIL 3 1980
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