SEWER - BERNARD C. EGGEN AND CONSTANCE H. EGGEN71117098
AGREEMENT
O.R. 3644 PAGE 838
THIS AGREEMENT,
made and entered into this 15th day of
October, 1971, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City.!, and
BERNARD C. EGGEN and CONSTANCE H. EGGEN, his wife,
he reinafte r referred to as "Owner ";
WITNESSETH
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 9, Block 6, Virginia Groves Estates, First
Addition, according to the map or plat thereof as
recorded in Plat Book 47, pages 41 to 43 inclusive,
of the Public Records of Pinellas County, Florida.
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WHEREAS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreeluent 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 pa,rties hereto hereby covenant and agree
as follows:
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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, 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 Owner agrees:
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O.R. 3644 PAGE 839
(a) To pay the normal sewer connection charge to the City on the
same basis as pel's ons 1i ving outs ide 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 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 up:::m
his heirs, administrators 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 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 payment of a
reasonable attorney's fee in connection therewith.
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O.R. 3644 PAGE 840
IN WITNESS WHEREOF J the parties hereto have caused this agreement
to be executed the day and year first above written.
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Signed, sealed and delivered m
the pres ence ~f:
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As to City
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Bernard C. Eggen
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~ . Constance H. Egge .
&TA TE OF FLORIDA )
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COUNTY OF PINE LLAS }
I HEREBY CERTIFY, that on this 15~ day of a~
A. D. 1971'. before me personally appeared Merrett R. Stierheirn, 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 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.
My Commission Expires:
Notary Public. State of Florida at Large
My (omm;s:i;);] Expires Oct. 22. 1974
R^..~.... by American Fire 3. CasuallY CO:t
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OJ. 3644 PAGE 841
STATE OF FLORIDA )
)
COUNTY OF PINE LLAS )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Bernard C. Eggen and
Constance H. Eggen, 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 of4~: the County and State last
aforesaid this 02t:ut day of ~, A. D. 1971
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My Commission Expires:
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This instrument was prepared by:
HERBERT M. BROWN, City Attorney
City of Clearwater, P. O. Box 4748
Clearwater, Florida 33518
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