AMENDMENT TO AGREEMENT FOR UTILIZATION OF SEWAGE TREATMENT FACILITIES
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AMENDMENT TO
CONTRACTUAL AGREEMENT FOR UTILIZATION OF SEWAGE TREATMENT FACILITIES
BETWEEN THE CITY OF CLEARWATER, FLORIDA, AND
THE CITY OF SAFETY HARBOR, FLORIDA
THIS AMENDMENT is made and entered into this /&Ul day of November,
1992, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
and the CITY OF SAFETY HARBOR, FLORIDA, a municipal corporation, in order to
amend the Contractual Agreement for Utilization of Sewage Treatment Facilities
Between the City of Clearwater, Florida, and the City of Safety Harbor, Florida,
entered into between the parties on July 28, 1988 (herein, the "1988 Agreement").
IN CONSIDERATION of the mutual promises and covenants contained herein, and
the benefits to be gained by each party by clarifying certain provisions of the
1988 Agreement as set forth herein, the parties agree as follows:
1. Paragraph 19 of the 1988 Agreement is amended as follows by adding
the italicized language:
19, The parties in providing retail sanitary sewer
services shall be bound by the service area designated
in Exh i b it Two "2" to th i s agreement. The part i es sha 11
have the exclusive right to provide retail sanitary
sewer service within the area allocated to such party
and each party agrees not to compete with the other as
to the provision of such sewer service outside its
designated area. This agreement makes no provision for,
or implication of, a boundary designation for the
annexation of real property into the corporate limits of
either Clearwater or Safety Harbor. As used in this
paraGraph. "exclusive" means that each party may provide
sewer service within its service area free from
competition by the other party. With respect to service
to properties outside the corporate limits of a party.
this aGreement is not intended to establish
extraterritoria 1 ri Ghts. the exi stence and extent of
which are Governed by Florida law.
2. The amendment to Paragraph 19 adds language clarifying the intent of
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the parties at the time the 1988 Agreement was entered into, and therefore shall
have retroactive effect.
3. All other provisions of the 1988 Agreement are incorporated herein
by reference and shall continue in full force and effect in accordance with its
terms.
4. This amendment shall take effect when approved and executed by both
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on
the day and year first above written,
ita Garvey
Mayor-Commissioner
Approved as
nd correctness:
CITY OF CLEARWATER, FLORIDA
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CitY~1anag~r~-
Attest:
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M. A. Galbraith,
City Attorney
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Coun
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Ma or-Commissioner
CITY OF SAFETY HARBOR, FLORIDA
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City Manager . .
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City Attorney {
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Bonita Haynes .
City Clerk
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Oily of (Safely J{arbor :Jlorida
HOME OF ESPIRITU SANTO MINERl\.L SPRINGS __-,
750 Main Street * Safety Harbor, I<lorida, 3+695 * (813) 726-0780
FAX.. 726-0724
November 24, 1992
Cynthia Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
Dear Cyndie:
Enclosed please find a fUlly executed or:.ginal of the
to Contractual Agreement for Utilization of Sewage
Facilities between the City of Clearwater and the City
Harbor, for your records.
Amendment
Treatment
of Safety
Sincerely,
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BOlUlle Haynes, CMC/AAE
City Clerk
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NOli 3 0 1992
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HOME OF ESPIRITU SANTO MINERAL SPRINGS
750 Main Street .:t: Safety Harbor, Florida 34695 ::j: (813) 726-0780
July 22, 1988
Ron Rabun, City Manager
City of Clearwater
P,O, Box 4748
Clearwater, FL 34618-4748
Dear Mr, Rabun:
Enclosed please find two original copies of the proposed Joint Facilities
Agreerrent, Northeast Pollution <;nntrol Facility, which have been executed by the
appropriate City officials. Please provide this office with one fully-executed
copy for our files.
VeryrlY yours,. ,(
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Boni ta Haynes, eM:: ~
City Clerk
RECEIVED
JUt 2 5 1988
CITY ATTORNEY
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A G R E E MEN TIN D E X
1, Cancel Old Agreements,
2. Clearwater engaged in AWT improvements,
3, Safety Harbor currently has one million allotment.
4, Clearwater acknowledges Safety Harbor request for three million total,
5, Clearwater will design and request permit for additional two million for
Safety Harbor for total of three million,
6. Clearwater loan Safety Harbor one million until new capacity is completed,
7, Safety Harbor shall pay for its costs.
8, Additional capacity in future,
9. Future operation improvements and modifications,
10, Safety Harbor pay Clearwater for operation (1981 Clearwater/Safety
Harbor).
11, Fee amount for operation (1981 Clearwater/Safety Harbor) and debt Service
of Old Plant (1981 Clearwater/Safety Harbor),
12, Monthly billing (1981 Clearwater/Safety Harbor),
13, Safety Harbor Pre-Treatment Conditions (1981 Clearwater/Safety Harbor)
Hydrogen Sulfide Control.
14, Safety Harbor record CO's and sanitary hook-ups (1981 Clearwater/Safety
Harbor).
15. Term of Agreement.
16. Settlement of disputes (1976 Clearwater/Safety Harbor),
17, Control of capacity usage.
18, Transmission to Northeast Plant (1981 Clearwater/Safety Harbor).
19. Retail sanitary service areas (1983 Clearwater/Largo),
20, SerVice within respective retail service area,
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