SEWER - C. OTTO NIMTZ AND BERNICE M. NIMTZ; REF ORIGINAL AGREEMENT WITH CHARLES B. TOLAND JR. AND BARBARA A. TOLAND
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a. R.4563 PAGE1415
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AGREEMENT
JUN ZZ 9 5S AH '71
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WHEREAS, the CITY OF CLEARWATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
services contract entitled "Agreement" with Charles B. Toland, Jr., and
Barbara A. Toland, his, which Agreement, or a copy thereof, is attached,
wife
marked Exhibit A, and by reference made a part hereof, on
February 6, 1970
, for the following described real property located
outside the municipal1imits of the City of Clearwater, which property is
pres ently owned by
c: Otto Nimt7. ;Inn Rprni!'lp M Nimtz:
hereinafter referred to as "Owner":
Lot 7, Westchester Subdivision, according to the
map or plat thereof as recorded in P. B. 37, p. 44,
of the Public Records of Pinellas County, Florida;
WHEREAS, the sewer services agreement provided for an annual
charge for said services, which charge was equivalent to the tax revenue
the City would receive from real property taxes were the serviced property
located within the City, and
WHEREAS, the contract provided that the annual charge would begin
two (2) years after the signing of the contract and would be terminated when
the property was annexed into the City, and
WHEREAS, it was the intention of both parties to the Agreement to
have said property annexed into the City of Clearwater, and
WHEREAS, it is now apparent that said property cannot be annexed
into the City, and the annual charge will continue to be assessed against the
property and will cons titute a lien thereon ad infinitum;
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
wish to l::e released from their burden of having such annual charges assessed
against said'property; and
WHEREAS, the City Commission of the City of Clearwater has, by
motion dated
January 20, 1977
, authorized the execution of this
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o. ~. 4563 PAGE1416
Agreement and Release, which release, or a copy thereof, is attached,
marked Exhibit B, and by reference made a part hereof;
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 continue to provide the owner with sewer services heretofore provided.
The City shall not be liable for any damage resulting from an unavoidable
cessation of treatment caused by acts of God, necessary maintenance work,
or any caus e beyond the control of the City.
2. The City does hereby agree to execute a release reflecting that
the City will no longer impose an annual charge for sewer services on the
real property of the owner. Said release, attached and marked Exhibit B,
shall be executed following payment of the annual charges assessed on the
real property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
1 and 2, im.mediatelyabove, on the part of the City, the Owner agrees:
(a) To continue to pay the monthly sewer service charges
to the City on the same basis as persons living outside the municipal
boundaries are charged, and as is provided by City Ordinance, as long as
such real property remains outside the municipal boundaries of the City
of Clearwater.
(b) The Owner agrees that this Agreement shall be binding
upon his heirs, administrators and assigns, and that the City may record
this document if it so desires.
(c) The Owner agrees that in the event that the property
which is the subject of this agreement becomes eligible for annexation, the
Owner shall petition the City for annexation into the limits of the City and
as a matter of fact, this Agreement may be considered a written request
to annex.
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o. R.4563 PACE1417
IN WITNESS WHEREOF, the parties
agreement to be executed thisJ.../~ of
hereto have caused this
A. D., 1 922
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Countersigned:
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Mayor-Commissione .
CITY OJ) CLEARWATER, FLORIDA
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Signed, sealed and delivered in
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As tfCity .
OWNER
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STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY that on this ;l/lt~x'6~f . '&:~
A. D. 19'77, before me personally appeared Pre_Un. f!.al~, 1:'homas A.
Bustin, R. G. Whitehead and Gabriel Cazares, 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 COWlty
and Sta te above, the day and year last above w1"Ltten.
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Notary Public '
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My Commission Expires:
Notary Public, Stale of Florida at large
My Commission Ex:>ires Sept. 29, 1971
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Q. R.4563 PAGE1418
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
aCkD. 06ed..gme~ts., perS~~.lY a.ppeared (I. 01/17 AG.,/m fL-. tl./ld
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to me known to be the p'erson(s) described in and who executed the foregoing
agreement and acknowledged before me that they executed the same.
WITNE~y hand and
,~oresaid this . day of
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LC al seal in the County and Stat~a-=;
, A. D., 19LL.
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Notar
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t:lWiC.ommission Expires:
.. "~OTARV PUBLIC STATE OF FlORIDA at LARGE
M't COMMISSION EXPIRES FEBRUARY 4, 1979
119.11,11\1 ev AM,RIr.AN BANKERS INSURANCE CO.
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