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SEWER ONLY - DANIEL S. BECK ."" co ~ ~co "0 " c.; Vi G 8 '"' C .", ~-, ~c6 8 . hO' ~ ~,~ () M ~ .~ E r....,~ M ~_: ~ q "' lo"";'~~~~ ~l~~>' D~ -=: ',::-: h <l.l 2 ~ u i3 ~ ~'~ (3 C >=1 ~ ~ .: ~ ~ :E c-U E-l U >-. ..1:1 ~ t- ~ 06 ...... In .. M O~e:;e"0 ~ ~'" t::" ~~~ ~d~~ ;::J~~~ ~b~5 ~ ~ < ~ ...:lI U I) O.R.6166 PAGE 1536 I f\. \f\ e 5 - ~l - 1..(.,;3 rv?6P\'~I'I\\" 93 'I- ~ \9:c ~.,- ,R~ '. 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. .~ f;~ D ... 'c::J .1 ~ ~ " , , w ~~! \ ro ,.. ...... ~:..') ~J ,""f :r ~~.- t'-., - ':.. ,~ ,7;'~if' c::n . ~ ~, " '. 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~~ ~t:las]1 (l}?; Clc . (:-=-1') () !","';ft; -/ ",I (,! ,j./.. / g /Ff:- '/1' ,../.. L " y' - 1 - o\, -eoG- O~ G ~~, - .-: I I 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; - 2 - ."-- - I I 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. - 3 - I I 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. ~1 Approved as to form correctness: ~ C 1 ty At tor Witnesses as to Owner: . ~ (7~~ efL iL r,~ f STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA / Attest: "';(,J . o OIJNER: ,- By ~~ 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: ,"'.~'~ ~ .) .; Ir..; hlC,!, Q, - 4 -