SEWER ONLY - ADVENT HOMES OF FLORIDA INC.
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n.R. 5 2 6 2 PAGE 1 6 91
OCT II
II 20 AH '8 \
AGREEMENT
(Sewer Only)
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THIS AGREEMENT, made and entered into this
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OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
Advent Homes of Florida,I-ncy ,. auFlorida 'corporation
hereinafter referred to as uOwner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
and
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but within the City of Clearwater service area:
LOT 5, Block C, CARLTON TERRACE, as recorded
in Plat Book 41, Page 16, of the public records of
Pinellas County, Florida.
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40 Rec /3 .
41 OS
43 ~~. 13 (}() rit
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
WHEREAS, the City is agreeable to furnishing said services upon
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municipal sewer and/or water services; and
certain conditions and conSlderations;
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.
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O.R. 5 2 6 2 PAGE 1 6 9 2
The City shall not be liable for any damage resulting from any unavoidable
ces sation of service
caused by Act of God, necessary maintenance work,
or any cause beyond the control of the City.
Z. In consideration of the covenants contained in Paragraph 1, im-
mediately 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, 196Z;
(b) 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, Applicable fees for annexation request shall be due and pay-
able upon receipt of this Agreem.ent for processing.
(c) The Owner agrees that it is to the mutual benefit of the Owner
and the City, in recognition of the eventual incorporation of the property with-
in 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.
(d) All property proposed to be subdivided or otherwise differenti-
ated 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 notwithstanding.
(e) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the City
shall record this document.
(fl 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 be a covenant
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which shall run with the land and shall bind and be eniorc ea ble against
all subsequent owners of said described real property whether or not it
is mentioned in the Deed to said 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 eniorce the terms and provisions hereof, the Owner, its successors and
assigns, cov~nant 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.
, Co",ersigned:
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Mayor-Commis sioner
Witnesses as to Owner:
Attest:
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OWNER: ADVENT HO~S"(jl';F'bQjRIDA, INC.
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Secretary . r.eu .< er.
(Corporate Seal)
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STA TE OF FLORIDA
COUNTY OF PINELLAS
O.R. 5 2 6 2 PAGE 1 6 9 4
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknow-
ledgements, personally appeared' T.K~-MCKENZrE; 'ASPExecu1;:ive Vice President
and WALT M. WIlL, Secretary"
to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and State last ..:.rQ::re-
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said this~ day of
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My commissioI:l expires:
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1981 , before me personally appeared Anthony L. Shoemaker, Thomas A.
- (yeu;.Q. u, JJdd~
Bustin, Lucille Williams, and ,.charles F. LeCher... respectively City Manager,
City Attorney, City Clerk and MaYO~~~SSioner 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.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida,
the day and year last abov~,JIW'~i~en:. .,
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Notary Public"... '; . .'.
My commission e~r~s:
Notlry Public, ,State ofrlorldl
My Commission Expires July 5, 1985
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