SEWER - W. J. PIPER AND JUNE A. PIPER - REF ORIGINAL AGREEMENT WITH AL ROGERO BUILDER INC
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40 Rec :<2, (1)
, 41 St .
42 Sur
43 Int ..__--
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77044743
AGREEMENT
the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
se~vices contract entitled" Agreement" with
Al Rogero
Builder, Inc.,
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on
July 8, 1969
for the following described real property located outside the municipal
r- limits
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of the City of Clearwater:
Lot 4, less the N 125 feet thereof, Lot 5, less the N 125 feet
thereof, and Lot 6, all in Belleair Grove, First Addition,
according to the map or plat thereof as recorded in P. B. 46,
Page 5, of the Public Records of Pinellas County, Florida;
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and
WHEREAS, a portion of that property is presently owned by
W. J. Piper & June A. Piper, hereinafter referred to as "Owner", which
his wife
portion is described as follows:
Lot 6, Belleair Groves, First Addition, according to the
map or plat thereof as recorded in P. B. 46, Page 5, of
the Public Records of Pinellas County, Florida;
and
WHEREAS, the sewer services agreement provided for an annual
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 wi thin the City; and
WHEREAS, the contract provided that the annual charge would ~egin
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 constitute a lien thereon ad infinitum; and
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
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J{ETURN TO.~
CITY CIT'1:;r
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'O.R.4526 f'^CE 4
wish to be released from their burden of having such annual charges assessed
against said property; and
WHEREAS, the City Commission of the City of Clearwater has, by
motion dated January 20, 1977, authorized the execution of this 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
agr.ee 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,
br any cause beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer impose 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 on the real
property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
1 and 2 immediately above, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges to
the City on the same basis as persons living outside the municipal boundaries
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 assigns, and that the City may record this
document if it so desires.
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(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.t4526 ['ACE 5
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed this;g;of tlt-1~
A. D., 1 922..
Countersigned:
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Appro ed as to form and
ctness:
Signed, sealed and delivered in
the presence of:
A~P~~
STATE OF FLORIDA
COUNTY OF PINELLAS:
CLEARWATER, FLORIDA
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. City Clerk' .' .' '.. .... ", .
OWNER
** Anthony L. Shoemaker
I HEREBY CERTIFY that on this l!LdaY*if March
A. D. 1977 , before me personally appeared P+e-e-1:-S-r-:F~&yd, ThQmas A.
Bustin, R. G. Whitehead and Gabriel Cazares, respectivelyl~1tvl.~anager,
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 munl.cipal
corporation is duly affixed thereto, and the said agreement is the act and deed
of said corporation.
WITNESS my signature and official seal at Clearwater in the County
and State above, the day and year last above written.
My Commission Expires:
Notary PuU:c, S~:'!'9 of Floride at Lar(7a
My ~nrn'rn:~~:...n cX(lirai taft'. 29, 1'71
Bonded by American Fire & Casualty Co.
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Notary P lic
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STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized i.n the State aforesaid and in the County aforesa' to take
acknowledgments, person lly appeared t.U ~ '- -
to me known to be the per n(s) descri.be in and w 0 executed the foregoing
agreement and acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this /7 ~ day of ~ , A. D., 19 77 .
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Notary R lic
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My Commission Expires:
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