SEWER - ALBERT H. LEACH AND JACQUELYN M. LEACH77140521
O.R. 4595 PAGE 40
AGREEMENT
This Agreement, made and entred into this 8th day of
September A. D., 1977, by and between the CITY OF
CLEARW ATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and
Albert H. Leach, and Jacquelyn M. Leach, his wife,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, tbe Owner now owns the following described real
but witbin the Ci.ty of Clearwater service area:
property, located outside the municipal boundaries of the City of Clearwater
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WHEREAS, the Owner desires to connect to the City sewer mam an~,
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The East 167.0 feet of the North 170.0 feet, of the SE 1/4 of
the SE 1/4 of Section 23, Township 29 South, Range 15 East,
Pinellas County, Florida, less the North 50.0 feet thereof for
right-of-way of Nursery Road and less the East 50.0 feet
thereof for right-of-way of Keene Road.
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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
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1. The City does hereby agree to provide sewer services, subject~ t3 ~ ~
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to the terms of this Agreement, and to permit the Owner to connect to its W........ 0 ~
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as follows:
sanitary sewer main at the Owner's expense.
The City shall not be liable
for any damage resulting from any unavoidable cessation of treatment caused
by Act of God, necessary maintenance work, or any cause beyond the control
of the City.
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.0. R. 4595 PAGE
41
2. In consideration of the covenants contained in Paragraph 1,
immediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer service
users outside the municipal boundaries are charged, as set out in
the Code of OrdInances of the City of Clearwater, Florida, 1962;
(b) that at such time as it becomes possible for the City
to annex said real property, this Agreement will constitute an application
to annex at that time, and the City will have the right, upon sixty (60)
days' written notice to the property owner, to initiate action to annex the
property to the City. Filing fees shall be waived by the City.
(c) The Owner agrees that the terms and provisions of
this Agreement shall be binding upon its successors and assigns, and
the City shall record this document.
(d) The Owner agrees that the terms and provis ions of
this Agreement shall be a commitment and obligation which shall not only
bind the present owner of said described real property, but shall be a
covenant which shall run with the land and shall bind and be enforceable
against all subsequent owners of said described real property. whether or
not it is menti.oned in the Deed to said owner s.
(e) If the Owner or its successors, or a.ssigns, or any
subsequent owner, shall default in the performance of the terms and
provisions of this A.greement, and the City shall institute legal pr oceedings
to enforce the terms and provisions hereof, the Owner, its successors and
assigns, covenant and agree to pay all costs of such proceedings, including
the payment of a reas>onable attorney's fee in connection ther ewith.
3. This Agreement shall continue until cancelled or terminated by
either party giving sixty (60) days I notice (wr itten) to the other party of such
termination.
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o. R. 4595 PAGE 42
4. All notices to be furnished hereunder shall be furnished to the
City of Clearwater, to the City Manager, P. O. Box 4748, Clearwater,
Florida, 33518.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Witness as to Owner:
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CITY OF CLEARWATER, FLORIDA
By
COUNTERSIGNED:
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Mayor-Gommis ner
OWNER:
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Albe rt H. Leach
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-- r ~a~Uelyn M. 'Leach
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STA TE OF FLORIJA
I
v.~. 4595 PAGE
43
ss
COUNTY OF PINELLAS
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I(,~ HEREBY CERTIFY that on this ~day of
A. D. '{9~before me personally app~~Anthony L.' S 0 omas A.
Bustin,"1tG. Whitehead and Gabriel CClzares, respectively ity Manager.
City Attorney. City Clerk and Mayor-Commissioner of the City of Clearwater,
Flor ida. 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.
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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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Notary Public, State of Florida at Large
My Commission Expires Sept. 29, 1977
Bonded by Ameritan Fire & Casualty Co.
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, per sonally appeared
Albert H. Leach and Jacquelyn M. Leach, his wife,
to me known to be the person(s) described in and who executed the foregoing
Agreement and acknowledged before me that he executed the same.
WITNESS my hand and Offi~jeal in the
aforesaid this /1/ day of ~
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County and State last
, A. D., 192Z..:
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