SEWER - AL ROGERO BUILDER INC69065955
O.R. 3119 PAGE 223
AGREEMENT
THIS AGREEMENT, made and entered into this 8th day
of July,1969, by and between the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City", and AL
ROGERO BUILDER, INC., a Florida corporation, hereinafter referred to
as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property and intends to construct residences thereon:
Lot 4 less the North 125 feet thereof, Lot 5 less
the North 125 feet thereof, and Lot 6, all in Belleair
Grove, First Addition, according to the map or plat
thereof as recorded in Plat Book 46, page 5 of the
Public Records of Pinellas County, Florida; and
WHEREAS, the Owner desires to connect to the City sewer main
and 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
as follows:
1. The City does hereby agree, subject to the terms of this agreement,
to permit the Owner to connect to its sanitary sewer main at the Owner's
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however, the City shall not be liable
for any damage resulting from any unavoidable cessation of treatment caused
by act of God, neces sary maintenance work, or any cause beyond the control
of the City.
2. In consideration of the covenants contained in Paragraph 1
immediately above on the part of the City, the Owner agrees:
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O.R. 3119 PAG[~224
(a) To pay the normal sewer connection charge to the City on the
same basis as persons living outside the municipal boundaries are charged.
(b) The parties hereto do further covenant that within two (2) years
from the date that said Owner connects to the City sewer main, it shall
petition the City for annexation into the limits of said City and as a matter
of fact, this agreement may be considered a written request to annex at
the expiration of said two (2) year period.
(c) If at the expiration of a two (2) year period from the date of
connection to the City sewer system the above described real property cannot
be legally annexed into the City, then the Owner shall pay an annual charge
to the City based upon the tax revenue that the City would receive from
real property taxes if the property as hereinabove described was in the
City, and therefore subject to a real property tax by the said City. Payments
shall be made on January 1st of each year following the expiration of said
two (2) year period. In the event of annexation as hereinabove provided, the
foregoing annual charge shall not be in effect.
(d) The Owner agrees that this agreement shall be binding upon
its successors and assigns and that the City may record this document if
it so desires.
(e) The Owner agrees that the terms and provisions of this agreement
shall be a commitment and obligation which shall not only bind the present
Owner of said described real property, but shall run with the land and shall
bind and be enforceable against all subsequent OWners of said described real
property whether or not mentioned in the deeds to said owners.
(f) If the Owner,or his successors or assign-suor any subsequent
OWner shall default in the performance of the terms and provisions of this
agreement and the City shall institute legal proceedings 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
reasonable attorney's fee in connection therewith.
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OR. 3119 PAGE225
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
::/WPt1R.
City Manager
FLORIDA
~~ness'
Clty Attorney
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City el~'f"lt
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Signed, sealed and delivered in
the presence of:
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As to City
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As to Owner
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Attest:
7~cr~ryyM-k
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
Notary Public
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My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires Sept. 5, 1971
Bonded by lransamerica Insurance Co.
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O.R. 3119 PAGE226
STATE OF FLORIDA }
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COUNTY OF PINELLAS }
Before me, the undersigned authority, this day personally appeared
Al Ro~ero and Helen F. Grode
to me well known and known to me to be the individuals described in
and who executed the foregoing 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 corporation as such officers; that the
seaLaffixedto said instrument is thec~o.rpor8,t~~,~,~J o;fsaid 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
official seal this
WHEREOF. I have hereunto set my hand and aff~:xedin;y.
18th day ~ A. D~ 1969. r~j ...... > . \"
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Notary Public
My Commission Expires:
NIliM'i h,!1:iC, ~;,hk of Flclrida clt L.i'n'i'
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:::;(~'i,d(\d oy rr,'\I'I:..,.lnlf~ric{-j ln~u~l':nce C~).
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