ANNEXATION AND PARKLAND DEDICATION (04)
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a. i.5858 PAGE1548
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17~ day of
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A G R'E E MEN T
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, TIns AGREEMENT, made and enteredi nto this
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FLORIDA, a municipal corporation, hereinafter referred to as "City", and
, A.D., 19~;;bY and between the CITY OF CLEARWATER,
CRIST DEVELOPMENT CORP., A FLORIDA CORPORATION, hereinafter referred to as
.. ~~. "Owner";
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~~'.~ WHEREAS, the Owner now owns the following described real property,
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:~~~'S1ocated outside the municipal boundaries of the City of Clearwater but
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1:: 6 -St" lolVi thi n the Ci ty of Clearwater servi ce area:
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b<~~ Lots 1 and 2, Diane Heights as recorded in plat book 84,
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agreeable to signing an Agreement with the City for municipal sewer
WIT N E SSE T H
WHEREAS, the Owner desires to connect to the City sewer line and is
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 services, subject to
the terms of this Agreement, and to permit the Owner to connect to its
~anitary sewer at the Owner's expense. The City shall not be liable for
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~ any damage resulting from any unavoidable cessation of service caused by
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~~~&:Act of God, necessary maintenance work, or any cause beyond the control of
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- _~ 2. In consideration of the covenants contained in Paragraph 1
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~immediately above on the part of the City, the Owner agrees:
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(a) to pay the appropriate annexation fee when this Agreement is
submitted for processing;
(b) to pay normal sewer connection charges and monthly sewer
service charges to the City on the same basis as sewer service 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 as prescribed in Ordinance Nos. 3128-83
and 3129-83.
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In particular, the owner shall either:
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(1) pay the total $8,610.60 in conjunction with the execu-
tion of this agreement, or
(2) pay the fee on a pro-rated per lot schedule of $538.16
for each of the sixteen (16) lots prior to the issuance of any
letter regarding sewer service and the total fee to have been
paid prior to January 1, 1986.
(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 to the vroperty owner, to initiate action to annex the
property to the City;
(e) that 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
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 all City subdivision
requirements as noted in City code including underground utilities and 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 PurlJoses of the subsequent annexation
procedure, individual ownership notwithstanding;
(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 owner of
said described real property, but shall be a covenant which shall run with
the land and shall 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
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(i) if the Owner or its successors, or assigns, or any subse-
quent 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first above written.
CITY OF' CLEARWATER, FLORIDA
Countersigned:
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By
AplJroved as to
correc_tness:
Attest: "'0 ~'
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Ci ty Clerk", ,>.~:;.:..;: ~
OWNER: C,C'(.;tveu~}of(~d(;yp
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Witnesses as to Owner:
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STATE OF FLORIDA
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COUNTY OF PINELLAS )
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~bed and s~?fn to before me this ~ day of
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My Commission Expires:
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