AGREEMENT
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AGREEMENT
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THIS AGREEMENT, made this //4day of Apri I, A. D.
1960, between and among the CITY OF CLEARWATER, FLORIDA, a
municIpal corporation, hereinafter Cad led .City,'" NEW PORT
ENTERPRISES, INC., a Florida cQrporation, hereinafter called
"'Enterpri ses, '" and NEW PORT UT I LI TV COMPANY, I NC.., a f; ror i da
corporation, hereinafter cal led .Util ity;'"
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WHEREAS, Enterprises owns and is currently developing
for use primarily as a sit. for residential construction the
following described property located in Pinellas County,
Florida:
Lots one (I), two {2), three (3), four (4),
five (S) and the E-t of the South one half
(S!) of Lot seven 71 lot eight (8), the
North one quarter N~~ of Lot nine (9), lots
ten (JO), eleven (II}, twelve (12), thirteen
(13), .fourt.een (14..),. .fifteen (IS).,an.d sixteen
(16) in t_ Jouthw...t one quarter (SWt); and
Lots five (S) less the East 215 feet of the
North 400 feet~ lots six (6), seven (7), eight
(8)( and nine (9) in the So. uth.e. ast one quarter
(SE1'), al I belng- In Secti,on 31( Township 29
South, Range 16 East, of PINEL AS GROVES SUB-
DIVISION, tess road ri9ht"'of-w~y; and
Lots one (I), two (2L three (3), four f4),
five (S), six (6) the South one half (S2).of
Lot seven (7), Lot eight (8), the East one
quarter (Ei).of Lot nine (9), the West one
half (W~) of lot nine (9), Lots ten (10),
eleven. lJI) twelve (12), th~rteen (13), and
fifteen (IS), in the Northwest one quarter (NWi),
all being in Section 6, Township 30 South, Range
16 East,-' PJNEllAS GROVES SUBDIVISION, less road
r Ight"'of- WAY,
All recorded in Plat Book I, Page 55, Public
Records of Pin.llas County, Florida.
which said property is bounded on the North by East Bay Drive
and on the West by Belcher Drive and of which a portion has been
subdi v I ded and des i gnated as NEW PORT UN I T I as recorded in P I at
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Book 53, pages 59-63, inclusive, Publ ic Records of Pinel las
Coun~y, Florida, and,
WHEREA.S, En~erprises has here~ofore con~rac~ed for
the installation of a system for the distribution of gas for
domestic use for approximately two hundred and ten homes located
and to be located I n sa i d NEW PORT UN IT I, sa i d c6n~ract be i n9
with HOLCOMB PIPE LINE COMPANY, and the work thereunder a~this
~ime substantially completed, and,
WHEREAS, City now has gas transmission I ines in ~he
vicinity of the aforesaid property through which i~ can supply
sufficient natural gas for use and consumption on said premises
and the parties hereto have reached an a9reemen~ in connec~ion
~herewi~h, and,
WHEREAS, Util ity has sewer collec~ion and ~rea~men~
faci I ities serving said ,premises for which it charges its cus-
tomers ~ monthly sewer charge and the parties are agreed that
City shal I assist in the collection of such charges as
hereinaf~er provided.
NOW THEREFORE, in consideratIon of the premises and
of the mutual covenants and compromises herein contained,
THE PARTIES HERETO AGREE AS FOllOWS:
I. City agrees at i~s expense promptly to con-
struct and Instal I adequate gas transmission I ines for the
purpose of furnishing natural gas through the existing and to
be comple~ed gas distribution system serving New Port Unit One.
2. As ~dditlonal portions of property owned by
Enterprises, its successors or assigns, are developed, City agrees
at i~s expense at such time as it is economically feasible for
the City to do so, ~o in$~.11 adequate gas distribution lines
within said Subdivision for the purpose of furnishing natural gas
~o ~he residences constructed and to be constructed thereon,
excepting only during such times as acts of God or val id court
orders may prevent performance of said obligation by the City.
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3.
City agrees to collect Its charges for gas
furnished under this Agreement directly from the users thereof
and agrees that Its rates shall at no time exc.ed the rates
for simIlar quantities and type of gas furnished domestic users
within the corporate limits of the City of Clearwater.
4. City agrees to bill Its customers under this con-
tract, monthly, concurrently with Its gas bll I, a sewer charge
on b.half of Uti I ity, and to remit the sum when collected,
monthly, to Uti Ilty, less a service collection charge of ten
cents (IOi) per account per month. The current sewer charge
to be collected Is the sum of $3.50 per family unit. A copy
5. City shall not be 1 i ab I e for sewer serv I ce charges
not paid when bi Il.lii by Cit.y ~ut agrees to notify Uti Ilty of
any such accounts remaining unpaid thirty days after such bit t ing, !
6. Enterprises represents that portions of said
premises wi 11 be Bold by It, its successors or assigns, primarily
as resia.ntial units with constructed houses thereon, and agrees
that all such houses so constructed by Itself, its successors
or assigns,have and will have gas central heating and gas hot
install ed.
water heat i ng/ 1 tis understood that the type of fue I to be
used for cooking In said residences shall be left to the option
of the house owner, but that City shall have the privilege of
receiving a list of names of such householders and shall have
the right to attempt to sell to them the use of gas for cooking
purposes.
7. Enterprises has contracted with Holcomb Pipe line
Company for the installation of the gas distribution system in
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said Unit I at a cost not to exceed $24,292.64, as is repre~
sented by the copy of the purchase order therefor, attached
hereto as Exh i bit two, and by reference made a part hereof.
Enterprises has J ikewise contracted with American Meter Company,
Inc. of Birmingham, Alabama, for the purchase of certain meters
and regu I ator.1' .. J s hldi ~.t.d by copy of purchase order ther...
for, attached hereto, marked Exhibit three and by reference
made a part hereof. At this time Enterprises has purchased
and paid for forty-two (42) meters at $20.45 each and forty-two (42)
regulators at $6.50 each, at a total cost of $1,131.90, which
IN WITNESS WHEREOF the parties hereto have executed
this Agreement by .nd through their proper authorized officers
and emp J o)'~es.
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Witnesses as to execution by
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CITY Of CLEARWATER, FLORIDA
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Wi tnesses as to
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NEW PORT ENTERJ?R I S$i/I ~C.~' .~,- "::-:
By
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NEW PORT UTILITY COMPANY, INC.
2425 East Bay Drive
Clearwater, Florida
Gentlemen:
Weare purchasing Lot
on this lot is connected with
to be served by your collection
follows:
Block III Unit New Port Subdivision, The home erected
the sewer system owned by you, In consideration of your permitting this house
and disposal system and the benefits to be derived by us therefrom we agree as
1. To pay a monthly serVice charge for the sewer connection of $3,50 per month.
2. That should the monthly service charge not be paid monthly the sewer service may be discontinued, In the
event of such discontinuation and if later it is desired that service be restored, we agree to pay a fee of $15,00
for such restoration of service, in addition to bringing to date any past due bills,
3, It is agreed that while this contract is executed by the undersigned, it is a contract for sewerage services for
the property above described. If either the undersigned or any purchaser of said property or any. lessee, tenant,
or occupant of said property shall fail to pay at anyone or more times as and when due any amounts as
above provided for, you may discontinue further sewerage services to said property and the occupants thereof,
whether such occupants be the undersigned or anyone else, until all sums due shall be paid, without any lia-
bility or obligation on your part for discontinuing such service.
4. It is understood that the sewer will be connected to house outlets. However, in the event of a stoppage or
breakage of the sewer lines from the main line to the house on the lot above described, we agree to pay
the cost of clearing or repairing of same.
5, It is understood that when the City of Clearwater furnishes natural gas from: their city system, and bills the
undersigned user for the sewerage charge herein described as a part of the City of Clearwater gas bill, we
will remit payment of sewer charge along with the payment of the gas bill, subject to all the provisions hereof.
6. A 5 % late charge will be paid on all bills not paid by the 10th of month following billing.
7. It is agreed that if there is a change of economic conditions, the service charge for sewerage may be either
increased or decreased, provided, however, that said rate change shall meet with the approval of the Federal
Housing Administration and the Veterans Administration, or their successor agencies.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of
, 19
WITNESSES:
(SEAL)
(SEAL)
Accepted on the conditions set forth above.
NEW PORT UTILITY COMPANY, INC.
By:
Agent
EXHIBIT NO.
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... 'PORt' .~DP.D.i8 c.
> '.401 North 1st Avenue ....
BIRMINGHAM 4, ALA.
Phone FAirfax 2~711
TO "I.e_ P11* J,.S.A.., x..,.
P. .0. aU 986
Cl.....'.r. PIOl-lAia
FOR JOB Ga. .'It.. - ... ,.s,I/f) "It. '1
LOCATIONliDeU.1 Co.'-7." ,...... 1'*1..
SHIP VIA
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PURCH,ASE ORDER
DATE
"ollt. 10, 1960
ORDER
10. S914
TERMS ...
Shipment To Be Made On Or Befor" _______OrRight Is Reserved To Cancel Order
. All material and labor included in this Order mu,st be in strict accordance with plans and specifications and subject to oUr and
. the architect's approval.
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As per qu...... ...... 18, 1.959.
NOTICE-All Invoices to be rendered in triplicate to ~ur offiee,~ 0..... 131. Lup, P14~l" Invoices to
show our Order No. ' ,"";. l
EXHIBIT 'I
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By--A___
H. JI.. S traua.
INC.