SEWER AND OR WATER - FREDRICH A. THOMAS
TO:
FROM:
COPIES:
I CITY 'OF CLEARWATER
Interdepartment Correspondence Sheet
Thomas A. Bustin, City Attorney ~
David P. Healey, Planning Director~ '
DATE:
SUBJECT: Agreement to Annex - Part of Lot 15, Clearwater
Industrial Park Sub. (Thomas) #130
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April 9, 1981
The subject Agreement to Annex was on the City Commission
agenda of April 2, 1981. At that time, the recommendation
was made to approve the agreement contingent upon its
revision to include the con~ions as set forth on the
agenda memo.
The revised, signed coples of the agreement are attached
for execution.
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Attachment
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AGREEMENT
0.1. 5 1 7 8 PAGE
THIS AGREEMENT, made and entered into this
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'7 day of
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OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as llCityH, and
FREDRICHA. .THOMAS .
hereinafter referred to as "Ownerll;
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the City of Clearwater
but within the City of Clearwater service area:
Part of Lot 15 of Clearwater Industrial Park Subdivision as per map
or plat thereof recorded in Plat Book 44, Page 46, Pinellas County
Public Records more particularly desribed as follows:
Begin at the S. W. corner of said Lot 15 thence N. 006'0" E. along W. line
of Lot 15 225 ft. to an iron pipe; thence E. 670.11 ft. to an iron pipe in the
E. line of Lot 15; thence S. 005'3011 E. 430.68 ft. to an iron pipe in the S.
line of said Lot 15; thence N. 72056'17" W. along S. line of Lot 15 702. 09 ft.
to the P. O. B.
LESS
Beginning at the Sw corner of Lot 15, thence N. 006'0" E along the W. line
of Lot 15 89.87 ft. to an iron pipe; thence S. 89041115" E 382.42 ft. to an
iron pipe; thence S. 006'0" W. 205.08 ft. to an iron pipe in the S. line of
Lot 15 ; thenceN. 72()56'l711 W. along said S. line of Lot 15 399.78 ft. to
the P. O. B. and
WHEREAS, the Owner desires to connect to the City sewer and/ or
water main and is agreeable to signing an Agreement with the City for
~ municipal sewer and/ or water services; and
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'. co. WHEREAS, the City is agreeable to furnishing said services upon
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ac (.) A: i3: NOW, THEREFORE, the parties hereto hereby covenant and agree
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1. The City does hereby agree to provide sewer and/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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0.1. 5 1 7 8 PAGE 3 7
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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.
2. In consideration of the covenants contained ln Paragraph 1, lm-
mediately above, on the part of the City, the Owner agrees:
(a) to pay normal sewer and/or water connection charges and
monthly sewer serVlce 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 Clearwater,
Florida, 1962;
(b) 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. Applicable fees for annexation request shall be due
and payable upon receipt of this Agreement for processlng;
(c) to meet all City standards with respect to storm water
retention and outfall;
(d) to review and approval by the City Fire Marshal of all
details of plan construction and operation as they pertain to the Fire
Code;
(e) to galn City approval for the oisposal of any residue or
sludge;
(f) to install a backflow preventer on the potable water line;
(g) that it is to the mutual benefit of the Owner and the City,
ln recognition of the eventual incorporation of the property within the
City to have any renovation, expanslon or new construction on the premises,
in addition to that shown on the site plan ln effect on April 2, 1981
(The date the City Commission approved the Agreement to Annex), be
reviewed and approved by the City in advance of obtaining any requisite
permit from Pinellas County.
(h) All property proposed to be subdivided or otherwise differ-
entiated from the original parcel described ln this Agreement shall be
treated as a single parcel for the purposes of the subsequent annexation
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0.1.5 1 78 PAGE
38
procedure, individual ownership notwithstanding.
(i) The Owner agrees that the terms and prov1s1ons of this
Agreement shall be binding upon its successors and assigns, and the City
shall record this document.
(j) The Owner agrees 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
all subsequent owners of said described real property whether or not it 1S
mentioned in the Deed to said owners.
(k) If the Owner or its successors, or ass1gns, or any subsequent
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, 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.
5. 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
CITY OF
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O.R. 5 1 7 8 PAGE 3 9
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day, before me, an officer dnly
authorized in the State aforesaid and in the County aforesaid to take acknow-
ledgements, personally appeared . '" "'F12et:::;H "'-A:'--rt-bf'rlAS
to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and State last afore-
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said this ~ day of
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My commission,. expires:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this 17,Aday of -.
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19.1L, before me personally appeared Anthony' L. Shoemaker, Thomas A.
.Bustin, Lucille Williams, and. Charles F. LeCher, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto, and the said Agreement is the act and
deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written.
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My commission expires:
NOTARY PUBLIC, State of Florida At Large
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