SEWER AND OR WATER - CAROL A. AND CARL D. DUNN
86290220
O.R. 6376 PAGE 763
(CDBG)
THIS AGREEMENT, made and entered into this 20th day of June,
A.D., 1986, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation hereinafter referred to as "City", and ~-~
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Carol A. and Carl D. Dunn
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:
Lot ll,Block B, Pine Ridge Subdivision
CCO,rd, ing to the plat ther,eof" a,s, recorded
_ 1n Plat Book 28, Page 98, of the Official
;'; ;~~,,:7 _10, _ ~ Records of Pinellas COUll ty, Florida.
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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 covenant 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. The City
.shall not be liable for any damage resulting from any'unavoidable cessation
of service caused by an 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 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;
(b) that four years from the date hereof or at such time
thereafter 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 to the
property owner, to initiate action to annex the property to the City.
Applicable fees for annexation request shall be waived.
(c) it is to the mutual benefit of the Owner and the 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
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O.R. 6 3 '7 6 PAGE 7 6 ~
advance of obtaining any requisite permit from Pinellas County. Acceptance
of such plans shall precede the execution of this Agreement by the city.
(d) 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 purpose of the subsequent annexation
procedure, individual ownership notwithstanding.
(e) the terms and provisions of this Agreement shall be binding
upon its successors and assigns, and the City shall record this document.
(f) the terms and provisions of this Agreement shall be a
commitment and obligation which shall not only bind the present owner o!
said described real property, but shall be a covenant which shall run with
the land and shall bind all subsequent owners of said described real
property whether or not it is mentioned in the deed to the owners.
(g) 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
commection 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first above written.
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CITY OF CLEARWATER
By
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Approved as to form and
correctness:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day, before me, an officer
authorized in the State aforesaid and in the County aforesaid to take
nowledgements, personally appeared Carol..;... allCl Carl D.DUl111
to me known to be the persons described in
who executed the foregoing Agreement and acknowledged before me that
executed the same.'
duly
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WITNESS
aforesaid this
my hand and official seal in the County and State
20 day of J1.me , 198 l!
last
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I HEREBY CERTIFY that on this C1/1Ji:. day of /'Ltrz.~~ " l~>.."."",'MIi;;
before me personally appeared Anthony L. Shoemaker, M. A. Galbrf':Lth, Jr:'~,
Cynthia E. Goudeau, and Kathleen F. Kelly, 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 several-
ly 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 corpora~ion is duly affixed thereto, and the said Agreement is
the act and deed of said corporation.
STATE OF FLORIDA
COUNTY OF PINELLAS
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WITNESS my signature and official seal at Clearwater in th~iCounty of
pinellas and State of Florida, the day and year last above wr~~ten.
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