SEWER ONLY - DOUGLAS J. AND LORA E. HOWE
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AGREEMENT
I PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PG 182
(Sewer Only)
~
THIS AGREEMENT, made and entered into this ~ day of ~ ,19 '12- by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
Douglas J. Howe and Lora E. Howe, 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:
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LOT 8, BLOCK B, SUNSET POINT ESTATES, ACCORDING to the map or plat
thereof as recorded in Plat Book 39, Page 67, Public Records of
Pinellas County, Florida.
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K')rl'.:()n F De Blaker, Clerk, PinG';as County
Deputy Clerk
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WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing
an Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to
permit the Owner to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
(a) to pay the appropriate annexation fee when this Agreement is submitted for
processing;
(b) to pay normal sewer connection charges and monthly sewer service charges to the
City on the same basis as sewer users outside the municipal boundaries are charged, as set out in the
Code of Ordinances of the City, until the property is annexed;
(c) that all recreation land, recreation facilities and open space land dedication and fees
will be due upon annexation in an amount and manner as prescribed in Sections 116.40 through
116,51, Code of Ordinances, In particular, the owner shall either:
(1) pay the required recreation facilities fee if this is the only fee required at the time this
Agreement is submitted for processing, or
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KARLEEN F. DEBLA~ER,' '.
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PINELLAS COUNTY FLA.
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(2) place in escrow a deed transferring title to land or a prtmisSOry note made payable
to the City of Clearwater, or both, as required, such deed and promissory note, copies of
which are attached hereto as Exhibit A (if applicable) to be conveyed or paid 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 to the property owner, to initiate action to annex the property to the
City;
(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 applicable building and fire codes in effect in the City of Clearwater;
(f) that all of the property described above shall be deemed a single parcel subject to
annexation as provided herein, and any subparcels of the property described above which are created
by subdivision or by any other means shall be included for the purposes of the subsequent annexation
procedure, subsequent sale and individual ownership notwithstanding;
(g) 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 the heirs, successors and
assigns of the Owner; and
(h) if the Owner or the heirs, successors, and assigns of the Owner, shall default in the
performance of the terms and provisions of this Agreement, and the City shall institute legal
proceedings to enforce the terms and provisions hereof, the Owner or the h~irs, successors and
assigns of the Owner shall pay all costs of such proceedings including the payment of a reasonable
attorney's fee in connection therewith.
3. 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.
4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the
City Manager, P.O. Box 4748, Clearwater, Florida. 34618 and to the owner at the post office address
for the property described above, at any other address which may be furnished by the Owner from
time to time, or at the address for the Owner according to the property tax rolls of Pinellas County,
Florida.
5. This Agreement shall be recorded in the public records of Pinellas County, Florida.
2
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IN WITNESS WHEREJF, the parties hereto have caused this Agr!ment to be executed the day
PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PG 184
.
and year first above written.
Witness as to Owner:
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By
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Lora E. Howe
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STATE OF FLORIDA I
COUNTY OF PINELLAS I ' yJ
BEFORE ME personally appeared~...-..-A ~~ an.o\rL<- E'. ~o
me well known and known to be the individt'als de ribed in and who executed the foregoing
instrument as President and Secretary. respectively, of the corporation named in the foregoing
instrument, and they severally acknowledged before me that they executed the same on behalf of and
in the name of said corporation for the purposes herein expressed; that the seal affixed to said
instrument is the corporate seal of said corporation; and that said instrument is the free act and deed
of said corporation.
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Mt~~~m~i<ttr~CPIDA.
ld'Y COi~HSSION).e~PIRES: Ap~'~~ 31\ 19!!S.
BONDED THRU NOTARY PUBLIC UNDIl.Rwrona:s,
CITY OF CLEARWATER, FLORIDA
By
Approved as to form and
correctness:
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Attest: "\. I.,." "
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STATE OF FLORIDA I
COUNTY OF PINELLAS I
BEFORE ME personally appeared Rita Garvey, Michael Wright, M. A. Galbraith,Jr" and Cynthia
E. Goudeau, to me well known and known to be the individuals described in and who executed the
foregoing instrument as Mayor-Commissioner, City.Manager, City Attorney, and City Clerk,
respectively, of the above-named City and thattH~ ,se'a:f't!tfixed to the foregoing instrument is the City
seal of said City and said instrument is the fn~e.;:~,f~'~~'de~:6lsaid City.
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WITNESS my hand and o~fidal sealf,~,:;,'/~ day:.,f~,' , 19 f.2--
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My Commission Expires:
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EXHIBIT A
I PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PG 185
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PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200.00
Clearwater, Florida
Da te: April 9, 1992
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
LOT 8, BLOCK B, SUNSET POINT ESTATES, According to the map or
plat thereof as recorded in Plat Book 39, Page 67, Public
Records of Pinellas County, Florida
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, Florida34618) 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 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, 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,
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.
I
EXHIBIT A
I
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200.00
Clearwater, Florida
Date: April 9, 1992
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
LOT 8, BLOCK B, SUNSET POINT ESTATES, According to the map or
plat thereof as recorded in Plat Book 39, Page 67, Public
Records of Pinellas County, Florida
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, Florida34618) 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 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, 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,
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:
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Lora E. Howe
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d by BBrbara Grant
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'Clea 'f title Insurance contract.
(n. term. "lIr.aco," and "a,antee" be..ele .billl be con.trued a B
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83079370
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10 include .:III aendel'l and ,ineu"", Of plural .. cbe cunCItJl( indio:ues.)
.n.R,5,51.7 r^GE 670
Made this
28th
day of
April
19 83
ilrtwrrn
GEORGE F. DETHLOFF and MARIAN DETHLOFF, his wife
of the County of
Pinellas
, State of
Florida
,grantor, and
DOUGLAS J.
whose post-office address is 1943
of the County of P inellas
HOWE and LORA E. HOWE, his wife
Atlantis Drive, Clearwater, Florida
, State of Florida
33515
, grantee,
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.ttnrllllrt~: That said grantor, for and in consideration of the sum of $10.00 Dollars, and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs, successors and-assigns forever,
the following described land, situate, lying and being in Pine lla s County, Florida, to-wit:
LOT 8, BLOCK B, SUNSET POINT ESTATES, according
to the map or plat thereof as recorded in Plat
Book 39, page 67, Public Records of Pinellas
County, Florida.
SUBJECT TO 1983 taxes and years subsequent thereto.
SUBJECT TO restrictions, reservations and easements
of record.
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S, . . , . , . , . , . . , , . . .' Intanp,ible Tax Pd,
K Blaker Cler:';, Pine lias County
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and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of
all persons whomsoever.
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as hereunto set grantor's hand and seal the day and year first above written.
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(Seal)
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day before me, an officer duly qual(fied to take acknowledgments, personally appeared
GEORGE F. DETHLOFF and MARIAN
Notary Pu~li~ FJOT ARY ~UBLlC' ~j," " c
My commISSIon f1frP~fti~ ,. ,
l.I~ED JHRU GENERAL INS RANQ UNQj ..;
to me knuwn to be the person( s) described in and who executed the
the execution of same.
W1TNESS my hand and official seal in the County and State las
MIDSTATE LEGAL SUPPL Y CO., INC. - ORLANDO, FLORIDA
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April 9, 1992
Mr. Robert Pensa, Director
Pinellas County Building Department
315 Court street
Clearwater, Florida 34616
Re: Sanitary Sewer Service:
Lot 8, Block "B" Sunset Point Estates SUbdivision
1943 Atlantis Drive, Clearwater, Florida 34623
Dear Mr. Pensa:
Please be advised that Douglas J. and Lora E. Howe, owners of the
above property has applied for sanitary sewer and/or water service
from the city of Clearwater.
The following fees have been paid:
k-I'SQL",I...I
S 900.00 Sanitary Impact Fee - Receipt No.
.j;2.. 5 B 8 5 l..
S 600.00 Sanitary Assessment Fee - Receipt No.
S 150.00 Annex/Agreement Fee - Receipt No. #8278
S 200.00 Recreation Facility Fee - Receipt No. Promissory Note
The City of Clearwater will provide sanitary sewer service to
aforesaid property and applicable impact fees have been paid. The
City of Clearwater utilities Division will collect the applicable
water meter fee and/or utility deposit fees when applied for by the
applicant.
~UlY yours,
f~/'
Cecil M. Henderson, Jr., P.E.
Assistant Director of Public Works
CMH/DDM
cc: Building Director
Infrastructure: G. smith
Public Works/Administration
DOAS: Dee Shawen
Planning Director
Public Works/Engineering
Parks Dept.: Terri Hughes
Present. Owner
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