SEWER - KREIG-REYNOLDS INC - REF ORIGINAL AGREEMENT WITH CFS SERVICE CORPORATION
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_V~.j. 4661 PAGE 507
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AGREEMENT
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WHEREAS, the CITY OFCLEARW ATER, a Florida municipal
corporation, hereinafter referred to as "City", entered into a sewer
service's contract entitled "Agreement" with CFS SERVICE
CORPORA TION
, which Agreement, or a copy thereof, is attached,
marked Exhibit A, and by reference made a part hereof, on March 26, 1973
for the following described real property located outside the municipal
limits of the City of Clearwater:
Lots 7~ 10, II, 12, 13, 14, IS, 16, 17, 18, 19, 20, 21, 24, and 25,
JADE HEIGHTS SUBDIVISION, according to map or plat thereof as
recorded in Plat Book 30, Page 90, Public Records of Pinellas County,
Florida;
and
WHEREAS, a portion of that property is presently owned by
Kreig-Reynolds, Inc.
, hereinafter referred to as "Owner", which
portion is described as follows:
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Lots 7, 11, and 13, JADE HEIGHTS SUBDIVISION,
to map or plat thereof as recorded in Plat Book 30,
Public Records of Pinellas County, Florida;
according
Page 90,
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and
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 wi thin 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 tJrminated when
the property was annexed into the City; and
WHEREAS, it was the intention of both parties to the Agr eement 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 constitute'~a lien thereon ad infinitum; and
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual charges from non-municipal property and the property owners
RETURN TO:
CITY CLIQ?K
P. O. Bf;X ';.' ''^r\
eLF/\ r >~r '\:"
'This imtrum€nt vms prepared by:
~.,Tn~ 1 A~; A E~JST!N City A>~'ol'ncy
"'~~~;-~~Clc~r'i,;,C21', P. O. Box 4743
Clearwater, Florida 33518
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.O.~J. 4661 PAGE 508
wish to be 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 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 cause beyond the control of the City.
2. The City does hereby agree to execute a release ref1~cting 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 on the real
property for the year ending 1975.
3. In consideration of the covenants contained in paragraphs numbered
land 2 immediately above, 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. 4661 PAGE 509-
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed thi;2j~of ~hu.-~/.
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A. D., 1 9 t.tl.:..
COWltersigned:
Appro ed as to form and
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Signed, sealed and delivered in
the presence of:
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As 0 City .
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STATE OF FLORIDA
COUNTY OF PINELLAS: ' ..... "__'~
I HEREBY eER TIFY that on this J-I day of 1~ .
A. D. 1911, before me personally appeared Anthony L. Shoemaker, Thomas 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 th'e official seal of said mun'icipal
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
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and State above, the day and year last above written. /"
My Commission Expires:
tJobry P:;bk State of Florida d la:-ge
My Com:::i5$i:;: Expires Sept. 29, 1901
Sanded 8". AmrHil'~n J:;'A R. (":ac".,lt~ r...._p~Ar
Nota
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,O"'~' 4661 PAGE 510
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o"!>@;:~ ". dividua de rib in and
t-:as-President and Secretary respectively,
he for oing instrument, and they severally
acknowledged t and before that they executed said instrument on behali
of and in the name of said corporation as such officer s; that the seal affixed
to said instrument is the corporate seal of said corporation and that it was
affixed thereto by due and regular corporate authority; that they are duly
authorized by said corporation to execute said instrument and that said
instrUInent is the free act and deed of said corporation.
STATE OF FLORIDA
IN WITNESS WHEREOF I have hereunto set my hand and affixed
my seal this ~day of ~ ' A. D., 19-2i-.
CS
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Notary Public
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My Commission Expires:
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.~-,-j. 4661 PAGE 511
A G R S ~ M ~ N T
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THIS AGREEMENT, made and entered into this ~~? c II-. day of
,,/r/(L 'r- c,d) , 1973, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as
"City", and CFS SERVICE CORPORATION, hereinafter referred to
as "O;vner 11 ;
.- WITNE S S E T H .
.
WHEREAS, the Owner now owns the following described re.o;l
property and intends to construct a residence thereon:
Lots 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 24, and 25, JADE HEIGHTS SUBDIVISION,
according to map or plat thereof as recorded in
Plat Book 30, Page 90, public records,of Pinellas
County, Florida.
WHEREAS, the Owner desires to connec;.: 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 O;vner 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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EXHIBIT A
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-Q-,,~, 4661 PAGE 512
(a) To pay the normal sewer connection charge and monthly
sewer service ~harges to the City on the same basis as persons
living ou~side 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 or 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 in
addition to the monthly sewer service charges. 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
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Q. ~. 4661 PACE 513
and provisions of this agreement and the City shall institute
legal proceedings to enforce the terms and provisions hereof,
the ~vner, 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 \iHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned~
/ s/ H. Everett Hougen
Mayor-Commissioner
By / s / Merrett R. Stierheim
City Manager
Approved as to form &
correctness:
Attest:
/s/ Herbert M. Brown
City Attorney
/ s / R. G. Whitehead
City Clerk
Signed, sealed and delivered
in the presence of:
CFS SERVICE CORPORATION
(SEAL)
As to City.
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. Secr' ary
(SEAL)
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As to Owner
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day of
A.D. 1973, before me personally appeared Merrett R. Stierheim,
Herbert M. Brown, Ro 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.
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v. x. 4661 PAGE 514
i/r!:T~;ESS -:;1'(1 ~i '!T'~c tur'~ cir:C. I~f=ic i-: t .3~~..=. L .-5 '7: C,le= -r-".;J2 t2I' in
the County of ?inellas ar.d State cE ?lorid~, ~ne day and year
last written above.
Notary Public
My Ccm~ssion Expires:
STATE OF F.LORIDA )
)
COUNTY OF PINELLAS )
Before me, the undersigned authority, this day personally
appeared Donald S. Jones and
Madge H. Beard to me well known and known
to me to be the individuals described in and who executed the
foregoing instrument as Executive Vice President and Secretary
respectively of the Corporation named in the foregoing instrument,
and they severally acknowledged to and before me that they executed
said instrument on behalf of and in the name of 'said corporation as
such officers;
that the seal affixed to said instr~T.ent is the corporate seal of
'said corporation and that it was a.ffixed thereto by due and regular
corporate authority; that they are duly authorized by said corporation
to execute said instrument and that said instrument is the free
act and deed of said corporation.
IN WITNESS ~~EREOF I have hereunto set my hand and affixed
my official seal this 26th day of March , A.D. 1973
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C/'l{:( -/7/( {.'-UfU
Notary Public .
My ComT.ission Expires:
NOTARY PUDlIC. ST.~TE of nORIDA at LARGE
MY cnr.1'~I<,;~!n,'1 r.':?1~~~..;:;r5
>uIHJ::.1) I illw Gi:...ib\.';L IN:SURt:i\CE UNDERWI\lT80'"
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.O!-J. 4661 PAGE 515
PARTIAL
RELEASE
WHEREAS, on or about the _day of
19_, the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as 'JCity", entered into a sewer services contract
entitled "Agreement" with
for the following described real property located outside the municipal limits
of the C i.ty:
and
WHEREAS, a portion of that property is presently owned by
, hereinafter referred to as "Owner",
which portion is described as follows:
.--------
and
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 wi thin the City; and
WHEREAS, the City wishes to be relieved of its burden of collecting
such annual char ges from the property located outside the municipal limits,
and the property owners wish to be released fro-..., thei.r burden of having
such annual charges assessed against said property;
NOW, THEREFORE, in consideration of the foregoing, the City
does hereby acknowledge the execution by the Owner of a new agr eement for
sewer services, and, in consideration thereof, the City does hereby remise,
release, and forever discharge the Owner of the property from further
,~
obligation under the agreement dated
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EXHIBIT B
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Q. 1.. 4661 PAGE 516
IN WITNESS WHEREOF, the City of Clearwater, Florida, has
caused this Release to be executed this
day of
19
CITY OF CLEARWATER, FLORIDA
Countersigned:
By
City Manager
Mayo r - C ommi s sione r
A tte st:
Approved as to form
and correctne~....:
City Clerk
City Attorney
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF PINELLAS:
I HEREBY CERTIFY, that on this day of
A.D. 19 , before me personally appeared Anthony L. Shoemaker,
Thomas 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 Release
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 Release is the act
and deed of said corporation.
WITNESS my hand and official seal at Clearwater in the County
and State last aforesaid, the day and year last above written.
Notary Public
My Commission Expires:
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