SEWER ONLY - CHARLES CONSTRUCTION CORPORATION
r i~.Y':: ::1~!rn~:~',~
(' rou 010
<:'-0 c'C
.;2, '-t, If'D
Au K ~ ~n ~ ~ L
8816103\
f\T&\ 98-1- '3 oS Revised
~,fA ?r. 4 M 141:3 a 0
Vt~~:,~;,::;,"",NOVember 24, 1986
(Sewer Only)
THIS AGREEMENT, made and entered into this 25th day of
May
, 19~ by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
..;t, f?:u
.'Y referred to as "City", and
co
"'t"
r.....
co~
~' ,
r.....oo
"1"'1'-
. . co
o ~ >< "<;1"
I- cr: 0 cY)
:z~co
ccU!JJ-J
:::> uLL.
1->--
I.u I- u- cr:~
C::-'-u-lU
uC>t-
I-~
Cl)s
an::
Q..c:l(
I!lI.U
-u
o
>. 00.
..Q G
"0 <::j<
~ ~
<'3 ~ 0
c......., ~
<:;
t.d~'O
UJ o~ ~ ~
~ ~ 8
~,.Q~-r~
E7d<~~
d)~ >.[; ..
~ ~.. '"
. '" .....;.~ "" '"'
E "'" U i3 ~
....... - >
= ~ u S
0; ~,..8
.,.., :;...U
~ ......
E-i U
Charles Construction Corporation
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:
Lot 1, Block "I", Carlton Terrace First Addition
as recorded in Plat Book 43, Page 39 of the Public Records
of Pinellas County, Florida.
')
:.,,:)
I
co
--~
1,,0
and
:. :1
t.,)
WHEREAS, the Owner desires to connect to the City
sewer main and is agreeable to signing an Agreement with
the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service
upon certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City agrees to provide sewer service, subject to
the terms of this Agreement, and to permit the Owner to connect
to its sewer main at the Ownerls expense.
2. The Owner agrees:
(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
users outside the municipal boundaries are charged, as set out in
the Code of Ordinances of the City, until the property is
annexed;
~~ e'} r 7ji3/~t)
M
"
0
::0
<::n
-....J I
CD f
c.n
-0
C"")
c::)
<=>
-
\.0
, ,."~' I ~ .:,.':
:'-'1
- '1 '[
...,.",.
OI-Co6- 09 (30)
____"------r'-" ---......'~~_
.,0"
(c) thct all recreation land, rect~ation facilities and
, ~
open space land dedication and fees will be due upon annex-
ation in an amount and manner as prescribed in Sections 116.40
(1) pay the required recreation facilities fee if
this is the only fee required at the time this Agreement
C)
:::c
,0"'\
-.J
CJ:)
U1
1:1
c::;'"')
c:>
o
N
o
through 116.51, Code of Ordinances. In particular, the owner
shall either:
is submitted for processing, or
(2) place in escrow a deed transferring title
to land or a promissory note made payable to the City of
Clearwater, or both, as required, such deed and
promissory note, copies of which are attached hereto as
Exhibit A (if applicable) to be conveyed 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 to the property 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 the applicable
building and fire codes in effect in the City of Clearwater;
(f) that all of the property described above shall be
deemed a single parcel subject to annexation as provided herein,
and any subparcels of the property described above which are
created by subdivision or by any other means shall be included
for the purposes of the subsequent annexation procedure,
subsequent sale and individual ownership notwithstanding;
- 2 -
. '.'"
(g) th1t the terms and provisions ff this Agreement
shall be a commitment and obligation which snall 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 the heirs, successors and assigns of the
Owner; and
(h) if the Owner or the heirs, successors, and assigns
of the 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
or the heirs, successors and assigns of the Owner shall pay all
costs of such proceedings including the payment of a reasonable
attorneyls fee in connection therewith.
3. The City shall not be liable for any damage resulting
from any unavoidable cessation of service caused by Act of God,
necessary maintenance work, or any cause beyond the control of
the City.
4. 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, and to the owner at the post office
address for the property described above, at any other ad4ress
which may be furnished by the Owner from time to time, or at the
address for the Owner according to the property tax rolls of
Pinellas County, Florida.
5. This Agreement shall be recorded in the public records
of Pinellas County, Florida.
- 3 -
o
:::c
"'"
-.J
CJ)
U1
-0
c:;"")
o
10
N
-
.,_~_~ ,.4'"
IN WITNESS ~EREOF, the parties hereto ~ave caused this
Agreement to be executed the day and year first above written.
?jLe;;;L
~ Ii. ;0-~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
o
:::0
en
-....J
c:c
U1
-c
C'"")
o
o
N
N
OWNER ~cons77tio Cor orati n
By p l~
Doran R.
Charles Construction Corporation
. , <
(i J _
.r'-j-)
Subscribed and sworn to before me this 25th day of
May
1 9 88 .
My Commission Expires:
/JJ Ji ) 9) / 7'Y /J
Countersigned:
Approved as to form and
correctness:
~~
City Attorney
cm;ct7/:t^ ~ 7/t/!.l!h&z?~f/-
Notary
CITY OF CLEARWATER, FLORIDA
\ "-~
:,.., (' tJ-./ . ,~~
..... ~'.-
,1- .
: '"'~ -:
By ~~-D2~ ~
Attest:
'\" '" -.;. '~- \',
~' , '
; ; ~ 1 f ,
. -;J i':
. . J ~ - ~ :- i.' .II:';' ~. ~:~' , i.
-.:~
,~,.,'.i' \i;~\~".".;. :~"
;-.J ~ ..
~..- ;. ~.,
~ ~ .L~~u 6. ~:~-
~,~ ~-~...
>. ..--""...~,~~~:::/
\ ~ ~
- 4 -
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
I
EXHIBIT A
IOeb ~ ffj {JO;),3
!.-- '~
"'.. .,4 ~
$
200.00
Cl~arwater, Florida
(Two Hundred and No/I00 Dollars)
Date:
May 25, 1988
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 1, Block "r", Carlton Terrace First Addition as recorded
in Plat Book 43, Page 39 of the Public Records of Pinellas County, Florida.
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 in the manner herein specified, the amoun t being
payable in lawful money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 33518) or at such other place as may hereafter be
designated.
One payment of $ 200.00 shall be due at the time the
property is legally able to 'annex, more specifically to be paid prior
to the second ordinance reading effectuating the annexation of the
subject property. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability for the said 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, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or in the performance of any of the agreements
contained herein, then the entire principal sum shall become due and
collectible without notice, and shall bear interest from the date of
such default until paid at the highest rate of interest allowable
under the laws of the State of Florida. Failure to exercise this
option shall not constitute a waiver of the right to exercise the same
in the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and notice of dishonor and agrees to pay all costs,
including a reasonable attorneyls fee, whether suit be brought or not,
if after maturity this notice o~ default hereunder, counsel shall be
employed to collect this note.
::NER:Cnst(tion ~tiO~
Doran R. Pace, Jr., President of
Charles Construction Corporation