SEWER ONLY - DAVID A. AND JANET K. BLANCHARD
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THIS AGREEMENT,
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O. i.5656 PAGE 389
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^ G R E E MEN T
(SEWER ONLY)
made and entered into this
, A.D., 19~, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Ci ty", and
David A. Blanchard and Janet K. Blanchard, His Wife
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 17,
Bl. H,
Carlton Terrace 1st Add.,
1848 Skyland Drive
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and
WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signing an Agreement ~ith
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.
r RECEIVED
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'CITY CLERK
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O. i. 5656 PAGE 390
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.
2. In consideration of the covenants contained in Paragraph
l; 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.
3l28-83 at th~ time this Agreement is submitted for
processing, or
(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, to be conveyed and/or payed
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. k.5656 PAGE 391
(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 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
no t\'J it h s tan din g ;
(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
(i) if the Owner or its successors, or assigns, or any
subsequent owner, shall default in the performance of the ter~s
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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Countersigned:
Approved as to form
correctness:
Witnesses as to Owner:
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
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By
Attest:
OWNER:
By
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Su,gscribed and sworn to before me this )o~day of
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My Commission Expires:7-~~8f
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. I PROMISSORY NOTE
(Recreation Land, Kecreation Facllltles and Open
Addition To and/or In Lieu of Land
EXHIBIT A
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Space Land Fees Due
Dedication)
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In
$200.00(Two-Hundred Dollars) Clearwater, Florida
Date: October 19, 1983
This Pro~issory Note to be made an addenduM to the Agreement to
Annex for the following described parcel:
Lot 17, Bl. H, Carlton Terrace 1st Add.
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 20~.00 in the manner herein specified, the amount being
payable in awful 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 Hos. 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 sig~ing 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, ~ncluding a
reasonable attorney1s fee, whether suit be brought or not, if after
maturity this notice or default hereunder, counsel shall be employed to
collect this note.
OWNER:
Witnesses as to Owner:
By
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Subscribed and sworn to before me this ~~ day of
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