SEWER ONLY - DANIEL R. AND JUNE NEWCOMBE (2)
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O.R.81~1p~GE
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(SEWER ONLY)
THIS AGREEMENT, made and entered into this
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, A.D., 198!;i: by and between the CITY
OF CLEARWATER, FLORIDA, d municipal corporation, hereinafter
referred to as "Ci ty", dnd
Danie I R. Newcombe and June Newcombe
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hereinafter referred to as "Owner";
WIT N E SSE T H :
WHEREAS, the Owner "OW owns the following described real
property, located outside the municipal boundaries of the City of
Clear~ater but within the City of Clearwater service area:
Lot 5, Blk.l, Virginia Grove Terrace
as recorded in Pl. Bk.~lPg. 2'1 of
Pinellas County Records.
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WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signi~g an Agreement ~ith
t i1 e City for ill un i c i pal s e VJ era n d / 0 r wa t e r s e r vie e s; and
WHEKEAS, 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
s e r v ice s, sub j e c t tot h e t e r !~, s 0 f t I' i s A J r e e r:1 e nt, and top e r In i t
the Owner to connect to its sanitary sewer and/or ~ater main at
the Owner's expense.
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O.R.6141 PAGE
12
The C i t y s f1 all not bel i a b 1 e for any ':1 a mag ere s u 1 tin q fro man y
unavoidable cessation of service caused by Act of God, necessary
nai~tenance work, or any cause beyond the control of the City.
2. In consid~~ation of the covenants contained in ?ara]raph
1; ;,1'] m e d i ate 1 y above on t 11 e p a I" t of the C i t Y" , the 0 ~v n e I" a 9 I" e e s :
(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 th~
sar'le basis as seWE:r service and/or water user'S 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-
a t ion i n a n a In 0 U n tan d n ann e I" asp res C l' i bed i nOr din an,: e i J ;) s .
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 tip1e this Agreement is subfTlitted for
processil1<J, or
(2) place in escrow such deed transfering title
tq land and/or promissory note ~ade payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3129-83, slJch deed and/or pr;,);"lissory 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
~roperty;
(0) that at such time as it becomes possible for the
Ci ty to annex sai d real property, othi s Agreement wi 11 consti tute
a nap p' i cat ion t I) ~ n n e x at t hat t i ''1 e, ~ n rl t tl e C i t Y wi 1 1 h a vet he
right, upon Sixty (60) days' written notice of the prop,=rty
Q\-J'ler, to initiate actio" to annex the property to the City;
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O.R.61~.1 P~GE
13
(2) that it is to the f'1utual benefit of the I)wner and
the City, in recognition of the eventual incorporation of the
property within the City, to have site and .ouilding 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 thi s Agreement by tn? Ci ty dnd any
construction on tllis iHoperty shall comply ,dth the Fire District
requiref'1ents as set forth in Chapter Three (3), Standard Building
Code, as duly adopted by the Cityof Clearwater;
(f) all property proposed to be subdivided or otherwfse
differentiated from the original parcel described in this
Agreement shall b~ treated as a single parcel for the purposes of
the subsequent annexation procedure, individual ownership
r1 0 t Iv i t h s tan din 9 ;
(9) 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
d 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
sub s e que n t 0 \v n e r, s h all de fa u 1 tin the per for man c e ,) f the t er \:1 S
and provisions of this Agreement, and the City shall i1stitute
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 paymerlt of a reasonable
attorney's fee in connection therewith.
3. ,;11 notices to be furnished hereunder shall be furnisrled
to the City of Clearwater, to the City Manager, P.O. Box 4748,
Clearwater, Florida, 33518.
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O.R.61L11 P~GE 14
I r~ ~J I T IJ E S S ~I HER E 0 F, the par tie she r e to h a v e c a use d t 11 i s
Agreement to be executed the day and year first above written.
Approved as to form
correctness:
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Witnesses as to Owner:
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STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By
Attest:
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OWNER:
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Daniel R. Newcombe
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June Newcombe
Subs..cribed and S\vorn to before me this \\~~day of
r)::-;-:) i~~'/L 19 e; .
My Commission Expires:
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~. ,. . PRO MIS SO R Y NOT E
(Recreation land. Recreltion Facilities and Open
Addition To and/or In lieu of land
EXHIBIT A
01':;( lo l't Pjl5
sJLce l~nd Fees Due In
Dedication)
$200.oo(Two-hundred Dollars)
Clearwater. Florida
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This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Da te :
Lot 5, Blk.l, Virginia Grove Terrace
as recorded in Pl. Bk .31Pg. 2.~
of Pinellas County Records
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 amount 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
p rope rty .
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, 1, 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 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:
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