SEWER ONLY - CHIEF CHARLEY'S INC.
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^ G R E E MEN T
(SEWER ONLY)
THIS AGREEMENT, made and entered into this
O. i.5722 PAGE 909
~
! day of
try ~
, A.D., 19 ~~, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
.'
Chief Charley's Inc.
hereinafter referred to as "Owner";
WIT N E SSE T H :
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of
Clearwater but within the City of Clearwater service area:
,;
Beginning at Northwest corner of the Southwest 1/4 of the
Northeast 1/4 of Section 12, Towhship 29 South, Range IS East,
Pine lias County, Florida, then east along Range Road 50 ft., then
South parallel to the centerline of Hercules Avenue 16S feet to
Point of Beginning, then East parallel to centerline of Range Road
233 feet., then South lIS feet parallel to the centerline of
Hercules Avenue, then West 233 feet parallel to centerline of
Range Road, then North lIS feet parallel to the centerline of Hercules
Avenue to the Point of Beginning.
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and
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WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signing an Agreement with
the City for municipal sewer and/or water services; and
WHEREAS, the City is agreeable to furnishing said services
upon certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby convenant and
agree as follows:
1. The City does hereby agree to provide sewer and/or water
services, subject to the terms of this Agreement, and to permit
the Owner to connect to its sanitary sewer and/or water main at
the Owner's expense.
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O. A, 5722 PAGE 910
The City shall not be liable for any damage resulting from any
u~avoidable cessation of service 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:
(a) to pay the appropriate annexation fee when this
Agreement is submitted for processing;
(b) to pay normal sewer and/or water connection charges
and monthly sewer service and/or water charges to the City on the
same basis as sewer service and/or water users outside the
municipal boundaries are charged, as set out in the Code of
Ordinances of the City of Clearwater, Florida;
..
(c) that all recreation land, recreation facilities and
open space land dedication and/or fees will be due upon annex-
ation in an amount and manner as prescribed in Ordinance Nos.
3128-83 and 3129-83. In particular, the owner shall either:
(1) pay the required recreation facilities fee
when this is the only fee required by Ordinance No.
3128-83 at the time this Agreement is submitted for
processing,or"U
(2) place in escrow such deed transfering title
to land and/or promissory note made payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3129-83, such deed and/or promissory note, copies of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second ordinance
reading effectuating the annexation of the subject
property;
(d) that at such time as it becomes possible for the
City to annex said real property, this Agreement will constitute
an application to annex at that time, and the City will have the
right, upon sixty (60) days' written notice of the property
owner, to initiate action to annex the property to the City;
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O. i. 5722 PAGE 911
(e) that it is to the mutual benefit of the Owner and
~he City, in recognition of the eventual incorporation of the
property within the City, to have site and building plans
reviewed and accepted by, the City in advance of obtaining any
requisite permit from Pinellas County. Acceptance of such plans
shall precede the execution of this Agreement by the City and any
construction on this property shall comply with the Fire District
requirements as set forth in Chapter Three (3), Standard Building
Code, as duly adopted by the City of Clearwater;
(f) all property proposed to be subdivided or otherwise
differentiated from the original parcel described in this
Agreement shall be treated as a single parcel for the purposes of
.
the subsequent annexation procedure, individual ownership
not\'1i thstandi ng;
(g) that the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the City
shall record this document;
(h) that the terms and provisions of this Agreement
shall be a commitment and obligation which shall not only bind
the present Qwoerof said described real property, but shall be
a covenant which shall run wi th the land and shal 1 bind and be
enforceable against all subsequent owners of said described real
property whether or not it is mentioned in the Deed to said
owners; and
(i) if the Owner or its 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 and provisions hereof, the
Owner, its 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.
3. All notices to be furnished hereunder shall be furnished
to the City of Clearwater, to the City Manager, P.O. Box 4748,
Clearwater, Florida, 33518.
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o. .,5722 PAGE 912
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Countersigned:
Approved as to form
correctness:
Witnesses as to Owner:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
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C it.y/, C'ler,k '
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OWNER:
Ronald Egger,
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By
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Supscribed and sworn to before me this 1___ day of
':f.-t.~ 19.:Ji.
My Commission Expires:
NotilfY Public. St~te of I1crida
My foffiffilulon Expires Oct. 31. 1981
iaRS88 Illllllln Foil!, In.uranco, In~ _.
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