SEWER ONLY - DANIEL S. BECK
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O.R.6166 PAGE 1536
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Q..co<:.(' \ , ~M '04---1:..)\
80027783
^ G R E E MEN T
(SEWER ONLY)
THIS AGREEMENT, made and entered into this ~ day of
'\ ) O-ru.l tA ))/ r · A. D '. 1 9 gee. h y and bet wee nth e CITY
OF CLEARWATER, LORIDA, a ~un;cipal corporation, hereinafter
referred to as "Ci ty", and
Daniel J. Beck
hereinafter referred to as "O-'Viler";
WIT N E SSE T H :
WHEREAS, the Owner now owns the following descriued real
property, located outside the municipal boundaries of the City of
Clear~ater but within the City of Clearwater service area:
W. 30 ft. Lot 6, Blk 3 Virginia Grove Terrace 1st Add.
as recorded in Pl. Bk. 37 pg. 62, Pinellas County Records
and E. 30 ft, Lot 7, Blk, 3 Virginia Grove Terrace 2nd Add.
as recorded in Pl. Bk. 37 pg. 73 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 signiAg an Agreement ~ith
the City for !ilunicipal sev/er 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
s e r v ice s, sub j e c t tot i1 e t e r i" s 0 f t 11 i s A J r e erne 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.
11 CHGJ(X)01f)
40 Recfi~~
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o.R.61€6 PAGE 1537
The C i t y s fl d 1 1 not bel i a b 1 e for any rj a mag ere s u 1 tin q fro fT! any
unavoidable cessation of service caused by Act of God, necessary
naintenance work, or any cause beyond the control of the City.
2. In conside~ation of the covenants contained in ?araJraph
1; immediately above on the part of the City, the Owner agrees:
(a) to pay the dppropriate annexation fee when this
Agreement is submitted for processin];
(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 Clearwate~, Florida;
(c) tllat 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 era s pre s C r' i I) e din 0 r d i 11 an': e t J ;J s .
3128-83 and 3129-83. In particular, the owner shall either:
(1) pay the required recreation facili,ties fee
when this is the only fee required by Ordinance No.
3 1 28 - 8 3 a t the t i 1'1 e t his A 9 r e e iTI e n tis sub IT1 i t t e d for
processine), or
(2) pl ace in escrow such deed transferi n9 ti tl e
tq land and/or promissory note nade payahle to the City
of Clearwater as required by Ordinance Nos. 3128-83 on~
3129 - 83, s lJ c h de e d and / 0 r p r;,);'1 i S so r y not e, cop i e s 0 f
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second or1inance
rea d i 11 9 : f f e c t IJ a tin 9 the ann e x a t ion 0 f the sub j e c t
property;
(d) that at such time as it becomes possible for the
City to annex said real property, this Agreement will constitute
a nap p 1 i cat ion t f) ;j n n e x. d t t hat t i ''1 e, a n rl the C i t Y Iv ill h a vet h e
right, upon Sixty (60) days' written notice of the prop,::rty
oWler, to initiate actinl'1 to annex the property to the City;
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o.R.6166 P~CE 1538
(2) that it is to the mutual benefit of the i)wner 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
s h all pre c e d e t 11 e e x e cut ion 0 f t his A g r e e me n t b j t h~ C i t Y d il d any
construction on ti1is :Hoperty shall comply \dth 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 propasert to be subdivided or otherwise
differentiated from the original parcel described in this
Agreement shall be treated as a single parcel for tfle purposes of
the subsequent annexation procedure, individual ownership
rl 0 t Iv 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 this document;
(h) that the terms and provisions of this Agreeme~t
shall be a commitment and obligation w'lictl 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
o\Vners; and
(i) if the Owner or its successors, or assigns, or any
subsequent o\vner, shall default in the performance of tIle terl:1S
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
c 0 s t s 0 f sue 11 pro c e e din g sin c 1 u din g the pay men t 0 far e a son a b 1 e
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.BiG6 PAGE i539
I N ~J I T IJ E S S ~I HER E 0 F, the par tie s 11 ere t 0 h a v e c a use d t 11 i s
Agreement to be executed the day and year first above written.
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Approved as to form
correctness:
~
C 1 ty At tor
Witnesses as to Owner:
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STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
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Attest:
"';(,J .
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OIJNER:
,- By
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Daniel J. Beck
ST
Su~sc~i bed and S\oJorn to before Iile thi s ~ day of
NCl \A.1Yv\ f;, aVl..., 1 9 EK .
My Commission Expires:
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