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USE OF SEWAGE DISPOSAL PLANT - OUTSIDE THE CITY ~..<Ilt'~.L-':". '. ." I I AGREErvlENT THIS AGRE~~ENT made this I"~day of August, 1953 by and betvreen the CITY OF CLEARi\TATER, a duly incorporated municipality, of Pinellas County, State of Florida, herein- after referred to as the City and A & W GLADS, INC., a Florida corporation with its principal place of business in Clearwater, Florida, hereinafter referred to a s the Company, VJI TNESSETH that IVHEREAS, the City and the Company have been negotiating for the use of a sewage disposal plant for use by certain lands outside the City, and WHEREAS, these negotiations have been conducted for a period commencing prior to commencement of the construction of such sewage disposal plant by the City, and the City and the Company have never arrived at an allocation of costs as to the Compilllyts proportionate share applicable to such properties outside of the City, and WHEREAS, it was recently agreed by and between the City and the Company that $8,650.40 constitutes (subject to the fol- lowing provisos hereinafter contained) the correct and appli- cable share of such sewage disposal plant capacity for the property owned by the Company located outside of the City limits, said property being otherwise described as Unit #9 of Skycrest Subdivision, Plat Book 30, page 80, and ~iliEREAS, the City has reached an agreement with Doris T. Alvord which provides for the furnishing by the City of sewage plant capacity necessary to serve certain lands East of the aforesaid Unit #9 of Skycrest Subdivision, which lands are more fully described in that certain agreement executed between the City and Doris T. Alvord, under date of August /tJt:/j, 1953, IIJmv, THEREFORE, in consideration of the sum of $8,650.40 paid by the Company to the City, the receipt of which is hereby LAW OFFICES OF THOMPSON & COOPER DAVEY. Me MULLEN BLDG. CLJEA.IUIl.AXER, FLA. or:, - 00:2 - cC (I) 'i c& , , acknowledged, a nd the mutual promises herein contained, it is agreed as follows: 1. 1hat themoresaid $8,650.40 constitutes full payment for the sewage disposal plant capacity necessary to service the above described Unit #9 of Skycrest Subdivision, and represents a maximum the Company shall be required to pay for said plant capacity. 2. That the total cost of the said sewage disposal plant shall be apportioned over all the lands serviced by it (on the square footage basis) and should the proportionate share of the above described lands (excluding the streets and alleys) be less than the aforesaid $8,650.40, then the City shall apply any such difference to the account of Doris T. Alvord as provided for in the aforesaid agreement made and entered into between the said City and Doris T. Alvord under date of August ~~1953. Should the said difference exceed $8,000.00, then any excess over said $8,000.00 shall be imme- diately refunded by the City to the Company. It is understood and agreed that the actual cost per square foot shall be fixed as of the date the assessment reso- lution for the cost of said plant is adopted by the City, pro- vided that as of said date the City will, in making said assess- ment, include in the computations all lands to be serviced by said disposal plant. It is understood that the Company will in no event be required to pay more for said plant capacity than the sum-of $s,650.40to service said Unit #9 of SRycrestSubd.:lvision.- 3. The City agrees to furnish to the Company sewage disposal plant capacity in amounts sufficient to service the afore-described property, it being specifically understood that the Company may utilize the said premises for any legitimate purposes, and the capacity herein referred to shall be sufficient to satisfy such purposes. LAW OFFICES OF THOMPSON & COOPER DAVEY.Me MULLEN BLDG. CLEARWATER, FLA. ~ ~ .. ~. ~ I , 4. The City assumes no obligation for the laying of sewage mains or trunk lines within the above described lands. 5. It is specifically agreed that the rights of the Company in and to said sewage disposal plant capacity shall be assignable and shall inure to the benefit of its successors and assigns. IN WITNESS WHEREOF the parties hereto have set thet~ hands and seals the day and year first above written. /' ./" ATTEST: ~'~ Cit;:gerk CITY OF CLEARWATER, FLORIDA BY~,~ c~~ APPROVED AS TO FORM: ~ Attorney Witnesses: A & W GLADS, INC. .;:-~~/~~-" By ~/ ~ ~~ Vice"President. U-.. ..:I~,. (CORPORATE SEAL) LAW OFFICES OF THOMPSON & COOPER DAVEY. Me MULLEN BLDG. CLEARWATER, FLA.