AGREEMENT - SEWER & WATER SERVICE
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AGaEEMENT
THIS AGREEMENT, by and between the CITY OF CLEAR-
WATEa, FLORIDA. a municipal corporation. hereinafter called
the "CITY". and NORTH BAY COMPANY. a Florida corporation.
hereinafter called the "OWNER".
!:IT!i~~SETH
THAT WHEREAS. the Owner has submitted to the City of
Clearwater. through its City Manager. a proposed plat of Unit
1 of Island Estates of Clearwater. a subdivision. and Unit 2
of Island Estates of Clearwater. a subdivision; and.
WHEREAS, the Owner is in need of both temporary and
permanent sewer service and sewage treatment facilities, and
is in need of a perment water supply; and.
WHEREAS. the City is in need of certain sewer trans-
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mission main, a water transmission main. tilling, 'paving and
other improvements. both in and in the vicinity of the said
subdivisions; and,
WHEREAS. it is in the public interest that the parties
hereto accomplish the improvements to fill the needs and re-
quirements of both parties concurrently.
NOW, THEREFOaE. in consideration of the mutual coven-
ants and agreements hereof, and in further consideration of
other good and valuable considerations. the parties hereto do
hereby mutually covenants and agree as follows:
THE OWNER HEREBY AGREES:
1. To install on City right-of-way a sewage trans-
mission main which is sufficient according to the calculations
of the City Engineer. from the above subdivisions westerly to
the nearest practicable point of connection to the presently
existing City sewer system on Clearwater Beach.
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2. To fill an area of approximately three (3) acres
for the City for a proposed sewage treatment plant adjacent
to the foregoing subdivision. The exact size of the fill will
be designated by the City Engineer and shall be of an actual
size as required by the size of the sewage treatment plant, with
necessary space for beautification, parking and other necessary
appurtenances. The said sewage treatment plant shall be 10-
c ated adjoining the foregoing subdivisions between the access
road to said subdivisions on the east and a line extended from
the bases of the three most southwesterly fingers on the lands
of the Owner according to the map of the proposed development
of the Owner's lands on the west.
3. To fill and pave an area designated by the City En-
gineer on Memorial Causeway to be used for a deceleration traf-
fic lane immediately east of the access road to the foregoing
subdi visions.
4. To provide a 48 inoh culvert with State Road Depart-
ment ~ype headwalls on each end underneath the fill for the ac-
cess road to said subdivisions so as to provide a flow of tidal
water ,underneath said access road.
5. To install a twelve inch (12ft) water main through
the entire development of the Owner in the vicinity of the fore-
going subdivisions, said main to run generally in a north and
south direction, OD the customary refunding contract, limited,
however, to a refund only on the basis of pipe laid and con-
nections made within and upon said subdivisions.
THE CITY HEREBY COVENANTS AND AGREES:
1. To construct, install and opera~e a sewage treat-
ment plant on the site filled by the Owner, which plant shall
be sufficient to handle the sewage treatment requirements of
the entire proposed development of the Owner in the vicinity
of the foregoing subdivisions, and to receive and treat the
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sewage collected from the development of the Owner, subject,
however, to the sale of revenue certificates and the receipt
of acceptable construction bids for said sewage treatment
plant by the City, it being understood that the City is not
hereby required to enter into improvident or unwise financing
or construction contracts. Said sewage treatment plant shall
be properly beautified and shall be of attractive exterior
design, and shall be similar in appearance to the Marina at
Clearwater Beach and shall include facilities for the dock-
ing of small boats alongside.
2. Using existing City installation, to provide tem-
porary sewage treatment and transmission facilities for the
foregoing subdivisions until the proposed sewage treatment
plant is put into operation.
3. To allow the Owner to take fill material as desig-
nated by the City Engineer from the areas between Memorial
Causeway and the land of the Owner on both theueasterly and
westerly sides of the access road to the foregoing subdivis-
ions.
4. To provide an adequate supply of potable water
to the foregoing subdivisions and the other development of
lands in the vicinity by the Owner, on the customary refund-
ing contract.
IT IS AGREED BETWEEN BOTH PARTIES:
1. That this agreement shall not relieve said pro-
perty or its present or future owners from any tapping f'ees,
charges _for plant capacity, connection charges,()r other_~harges
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,.s~ow in effect or which hereafter may be placed in effect
by the City, providing all of such charges are applicable to
other property in the City of Clearwater of the same general
type and classification.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed, this 20 day of l!JA"
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, 1957.
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ATTEST:
€@.~
. i::?~-tZZ~~
Ci Clerk ·
Approved as to form and ccr-
rectness: .
CITY OF CLElRWATE.'l., FLORIDA
~~n~ty
(SEAL)
NORTH
BAY COMPANY
A~dd
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BY
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- -Ar~EST:
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