SEWER - ARTHUR J. AND BEVERLY C. LINDBLAD
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0, 'R, 4302 PAGE140t
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AGREEMENT
TI-IIS AGREEMENT, made and entered into this
21 st
day of
May
, 19 75
, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, he reinafte r referred to as "City'l, and
AR THUR J. LINDBLAD and BEVERLY C. LINDBLAD, his wife,
he reinafte r referred to as IIOwner ";
WITNESSETH
WHE REAS, the Owner noW owns the following described real
property and intends to construct a res ic1ence thereon:
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From the Northeast corner of the Southeast 1/4 of the
Southwest 1/4 of Section 1, Township 29 South, Range 15
East, run S 000 17148" East, along the North/South Center-
line of said Section 1 (centerline of C. R. 34-Hercules Avenue)
350.03 feet; thence run N 890 14'24'1 West parallel to the
North line of the Southeast 1/4 of the Southwest 1/4 of said
Section 1, 33.0 feet to the Westerly right-of-way line of
C. R. 34, for a point of beginning; thence run South 000 17'48"
East along said right-of-way line 57 feet; thence run N
890 14'24" West 230 feet; thence run N 000 17'48" West 57 feet; thence
r.\UJ. SQuth 890 14'2....4" East 230 feet to the point of b~llinninll, .
w HEKEAS, the Owner deslres to connett to the GJ:ty sewer maID
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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 cons ide rations;
NOW, THEREFORE, the pa.rties 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 sanita~y sewer main at the OW'ner'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, necessary 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 Owne l' agrees:
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Q, R.4302 PAGE1402
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(a) To pay the normal sewer connection charge and monthly sewer
service charges 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, he shall
petition the City for annexation into the lirn.its 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 ci con-
nection 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 in addition to the monthly sewer
service charges. 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 herein-
above provided, the foregoing annual charge shall not be in effect.
(d) The Owner agrees that this agreement shall be binding upon his
heirs, administrators and assigns and that the City may record this document
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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 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, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payme nt of a
reasonable attorney rs fee in connection therewith.
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0, R,4302. PAGE1403
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
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Counters igned:
Ma yor -Commis s io
Attest:
Signed, sealed and delivered in
the res ence of:
/;;}e /L~ ;/77 t rt
As to City
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A s to Owner
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STA TE OF FLORIDA )
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COUNTY OF PINELLAS }
I HEREBY CERTIFY, that on this 20th day of June
A.D. 1975, before me personally app^eaAed P4e-&i-~-F~ GUytL. Kennedy, Jr.,
W 'd . 1 C nn"tnonv .J..,. o.em r ,f\C 1.ng .
R. G. hltehea and Gabrle azares, respechve y/Clty anager, nctmg .
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 acknow-
ledged 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.
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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My Commission Expires:
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iGf'a,y Puhlle, State of Florida at Large
MyCommissicn Expires Sept. 2'1, 1971
IIaDdIId by Americon fire & (;o511Qlty Co,
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.oj! 4302 PAGE1404
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STATE OF FLORIDA )
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COUNTY OF PINE LLAS )
I HEREB Y CERTIFY, that on this day, before me, an officer dnly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared ArtnllT J. Lindblad and
Beverly C. Lindblad , his wife.
to me known to be the persons described in and who 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 21 st day of May , A, D, 19 75
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Notary Public
My Commisf1=ho~ ~~es:
No'ary Public, Stotp ~ on t:I \971
.' ~"rJlr^S Aug. 2.1
h~y '~:omnH~5~on ~." , _ ~
. ' . .' .',. fire & Ca,ually i;;lt\
BCJndcd by P.rll\...I,,--on
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RETURN TO:
CITY CLERK
P. 0, BOX 4748
CLEARWATEH, FLA, 33518
GU This, Instrument was prepAred by:
Y L. KENNEDY, JR., Acting City AttCl'lH',V
p, 0, Box 4748 .
Clearwater, Florida 83518