SEWER ONLY - DANIEL R. AND JUNE NEWCOMBE
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85228378
^ G R E E MEN T
(SEWER ONLY)
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THIS AGREEMENT, made and entered into thi s v-1d - day of
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, A.D., 19 PS, by and bet wee nth e C I T Y
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
O.R. 6 i 04 PAGE
referred to as
II City II, and
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Daniel R. Newcombe and June Newcombe
hereinafter referred to as IIOwnerll;
WIT N E SSE T H :
WHEREAS, the Owner now owns the following described real
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property, located outside the municipal boundaries of the City of
Clear~ater but within the City of Clearwater service area:
Lot 23, Blk. 2 Virginia Grove Terrace 1st Add. as
recorded in PL. Bk. 37 page 62 of Pinellas County Records.
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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
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~ the City for municipal sewer and/or water services; and
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~ ~ ~ . WHEREAS, the City is agreeable to furnishing said services
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~~; NOW, THEREFORE, the parties hereto hereby convenant and
~ agree as follows:
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u 1. The Ci t.y does hereby agree to provi de sewer anq/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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(~Ol- fXXo-06 (3)- \
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o.R.6 i 0 q P~GE
735
The City shall not be liable for any damage resulting from any
unavoidable cessation of service caused by Act of God, necessary
naintenan~e 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 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
sane basis as sew~r 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 Ordinan~e 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.
3128-83 at the 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 pro~issory note, copies of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second or1inance
reading effectuating the annexation of the subject
property;
(1) 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 ti~e, and the City will have the
right, upon sixty (60) day~' written notice of the property
owner, to initiate action to annex the property to the City;
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o.R.6 i 0 Ii PAGE 7 3 B
(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 Pine11as County. Acceptanc~ of such plans'
differentiated from the original parcel described in this
Agreement shall be treated as a single parcel for the purposes of
t~e subsequent annexation procedure, individual ownership
not \'i i t h s tan din 9 ;
(g) that the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the City
shall record thi s document; .
(h) that the terms and provisions of this Agreement
~ha11 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
o\'iners; 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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o.R.6 i 0 q P~GE 7 3 7
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day ~nd year .first above written.
CITY OF CLEARWATER, FLORIDA
C 0 U n t er s i g 9 e d :
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By
OWNER:
Approved as to
correctness:
Attest:
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Ci ty Attorney,
Witnesses as to Owner:
By
Daniel R. Newcombe
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Newcombe
STATE OF FLORIDA
COUNTY OF PINELLAS
s~scri bed and swo!'n to before me thi 5 ~ day of
0~vyr 19 ~b.
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My Commission Expires:
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, . I PROMISSORY NOTE 1 fJ;j
(Recreition Land, Recre~ion Facl1ltles and Open Sp,ce Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
200.00 (Two hundred dollars)
Clearwater, Florida
Date: A...Jclj')\ lb.lQ8S'
This Pro~issory Note to be made an addendu~ to the Agreement to
Annex for the following described parcel:
Lot 23, Blk. 2 Virginia Grove Terrace 1st Add., as recorded In Pl.
Bk. 37 page 32 of Pinellas County Records.
The monies herein noted are in satisfaction of the require~ents
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 pro~ote the h~alth and welfare of its citizens anrl
visitors.
By signing this pro~issory 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 sDa'1 run with the land and.sha11 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 w.hich
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 attorney's 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
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My Commission Expires:
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