SEWER - CFS SERVICE CORPORATION
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IJ. l. 4013 rAGE 93
IN I 4 17 PM '11
AGREEMENT
THIS AGREEMENT, made and entered into this ::l G!l day of
~~~ , 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 "Owner";
WIT N E SSE T H :
WHEREAS, the Owner now owns the following described real
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 99, public records of Pinellas
County, Florida.
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'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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RETURN TO," .' (j
CITY CLERK
P. Q. BOX 4748
CLEARWATER, FLA. 33518
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n. K. 4013 PAGE 94
(a) To pay the normal sewer connection charge and monthly
sewer service charges 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 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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I u. R. 4013 PAGE 95
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.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
Signed, sealed and delivered
in the presence of:
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As to City
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SERVICE CORPORA""ION Lj.j CI~,
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Approved as to f
correctness:
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C,FS
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(SEAL)
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Seer ary
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As to Owner
STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this .s- day of &A-v,;1-
A.D. 1973, before me personally appeared Merrett R. St{;;~eim,
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.
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u. R. 4013 PAGE
96
WITNESS my signature and official seal at Clearwater in
the County of Pinellas and State of Floridat the day and year
last written above.
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Notary PubllC
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My Commission Expires:
tM;'-; PubI:"State of Flllfida at la~6e
My Commission Expires Sept. 29, 1973
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
Before me, the undersigned authoritYt 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 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 instrument is the free
act and deed of said corporation.
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Notary Public
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IN WITNESS WHEREOF I have hereunto set my hand and affixed
my official seal this 26th day of March , A.D. 1973/'
My Commission Expires:
NOTARY PUBLIC, STATE of flORIDA at LARGE
UYCnMMI~~ION J:XP.IRES JUL-Y 7 19;16
llJIWi:.V IliKU GENERAL INSURANCE UNDERWRITEW
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