SEWER - CHARLES B. TOLAND JR AND BARBARA A. TOLAND70013282
O.R. 3265 PAGE 48
AGREEMENT
THIS AGREEMENT, made and entered into this 6th day of
February. 1970, by and between the CITY OF CLEARWATER,
FLORIDA,
lcipal corporation, hereinafter referred to as lICity", and
CHARLES B. TOLAND, JR. and BARBARA A. TOLAND, his wife,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
Lot 7, Westchester Subdivision, according
to the map or plat thereof as recorded
in Plat Book 37, page 44, of the Public
Records of Pinellas County, Florida; and
WHEREAS, the Owner desires to connect to the City sewer main
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 considerations;
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 permit the Owner to connect to its sanitary sewer main at the Owner IS
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 f!,om any 1;1.Ilavoidable 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, 32B5 PAGE 49
(a) To pay the normal sewer connection charge 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 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 thlt the City would receive from real
property taxes if the property as hereinabove described were 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 upon 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
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OR' ' PAGE
50
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.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
.
FLORIDA
City .:t'4t1nage.r.' Ii'
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Approved as to f m & correctness:
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CityAttorney ,{
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Signed, sealed and delivered in
the presence of:
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As to City
.,'.~t{~l~ /I /?~?/-Z!SEAL)
Barbara A. Toland
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this t 21;day of ~-t:,
A. D. 1970, before me personally appeared Merrett R. Stierheim, He ert M.
Brown, R. G. Whitehead and H. Everett Hougen, repectively 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
ackn~wledged the execution thereof to be their free act and deed as such officers
'tJ).e1"~1l.~to d-qly 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
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" ,corp(},ration.
'W':ITNESS my signature and official seal at Clearwater in the County
State of Florida, the day and year last above written.
~~.~~,
Notary Public
Notary Pl'~l!c, St~t~ of Floricla d Large
My (omc:i5SiJn Ex;J:res Gd. 'r;:, 1<)70
lond_,q ~y .~merjcan Fire & Ca.)ualty Co.
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O.R, 3265 PAGE 51
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
acknowledgments, personally appeared CHARLES B. TOLAND, JR. and
BARBARA A. TOLAND, 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.
WI, T..,.N.,ESS my hand and Of}al seal.in the
af()I"~'~\~~i~ this 214 day of , ~~
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County and State last
, A. D. 1970.
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Notary Public
My C:o~mission Expires:
N~tary PUbl,~. State of Florida at large
. y Commbslon Expires July 27 1973
tjonueo toy 1 I drL..c..fllc'J<..:d Ilt:":U'~Ai~i.;t-: Co.