SEWER - AL ROGERO BUILDER INC (2)O.R. 3119 PAGE 223
AGREEMENT
THIS AGREEMENT made and entered into this 8th day
of June, 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";
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WITNESSETH:
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WHEREAS, the Owner now owns the following described real
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property and intends to construct residences th~reon:
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'LQt 4 less the North 125 feet thereof,rLot 5 less
the"North 125 feet thereof, ana~,"'a"1rln jjefuair
Grove, First Addition, accdrabig"to the map or plat
thereof as recorded in Plat Boo~~ 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 con::litions 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 Wlavoidable cessation of treatment caused
by act of God, :r:ecessary mainten,i.nce work, or any cause beyond the control
of the City.
2. In consideration of tbe covenants contained in Paragraph 1
immediately ab::>ve on the part of the City, the Owner agrees:
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O,R. 3119 PAGE224
v. R. 4571 PAGE 830
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(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
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of fact, this agreement may be considered a written request to annex at
the expiration of said two (2) year period.
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(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
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be legally annexed into the City, then ihe 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 :1ereinabove described was in the
. City, and therefore subject to a real property tax by the said City. Payments
shall he made 'on January 1st of each year fOllowing the expiration of said
two (2) year period. In t1re 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 agr.ees that the terms aad 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 ,"vhether or not mentioned in the deeds to said owners.
{f} If the Owner, or his successors or assigns or 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 succes sors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a.
reasonable attorney IS fee in connection therewith.
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O.R. 3119 PAGE225
o. ~. 4571 PAGE 831
caused this agreement
IN WITNESS WHEREOF, the parties hereto have
to be~eX~d the day and year first abOV:lw~:tten. R. :AT R,
.t r gned:
By;
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Approved as to fo:rm & correctnes s:
71~n;?1~M<~
. City Attorney '7
FLORIDA
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f/f Y%<. i i rz: CL:~"
C City Clerk.
Signed, sealed and delivered in
the pres ence of:
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AL ROGER,O BU?:pER, IN~;:... '~"_ ':. ~.r-j I'.~'j,_~,
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As to City
Attest:
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As to Owner .
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Secretary
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STA.TE OF FLORIDA' )
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COUNTY OF PINELLAS )
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I HEREBY CERTIFY, that on this - 7 - day ~y~, A.D. 1969,
before me personally appeared Merrett R. Stierheim, Herbert M. Brown,
R. G. Whitehead and H. Everett Hougen, respectively City Manager, 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 executio:l 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.
WITI\TESS 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.I""'; /
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My Commission Expires:
Notary Public, State of Florida at Large
My Commission Ex;;:res Sept. 5, 1971
Bonded by 1 rans::merica I!"!'urance Co.
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STATE OF FLORIDA )
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COUNTY OF. PIN"ELLAS )
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n.R. 3.119 PAsc226
o. R.4571 PAGE 832
Before me, the undersigned authority, this day personally appeared
Al Rogcrc 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
seal affixed to said instrument is the corporate seal of said co~poration 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
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WHEREOF, I have hereunto set my hand and affi~ediny
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18th day of June, A. D. 1969..,,'" _ ,.,........:
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Notary Public
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My Commission Expires:
NOJilry Public, Stat:".of Florida at Lllrf'!~
"MY Cornmls:.:on Exp:res July 18, 1972
'{'iond8d by Tr<1nsamerica Insurance Co.
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