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SEWER ONLY - FIRST HOME BUILDERS INC. ., A G R E E MEN T , (SEvlER ONLY) I A..TA e ~ -l9 .1.82- a...car. ~ ~ l4-1'=,~, '," ~L. ~"A-'L..-. '~~~ _ ~:l{)('^"""s~u:",,''-1 N,,"~ O.R. 6 3 7 G PAGE 771 d1/d day of 86290222 THIS AGREEMENT, made and entered into this ~4:--rn1~A./ , A.D., 19~ by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and FIRST HOHE BUILDERS, INC. 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 but within the City of Clearwater service area: ~ "':i' 1- '"i" ro ..... .'" .. ~ O~~M f-l~~ . ~ ~ ~...:l~...:l uo~ ~~~ E-d-oj 0 r.o:l ~d.r-- ~ ~~ ~ ~ W ...:l U Lot 16, Block 7, of Virginia Grove Terrace, 4th Addiyion according to the plat thereof as recorded in Plat Book 37, Page 75 of the Official Records of Pinellas County. c:::J -:r,:,,: n'l ~: n~ .. . ,) _~~l b'" ~... c ;. i~' f v"'1 ~1 (~:-' ~~.) t,l ('f- -\:"'~ '.... V. -;"'-r :~'" 'i!- i'}. C":~.i; t. and 0-; .., WHEREAS, the Owner desires to connect to the City sewer and/or water main and is agreeable to signing an Agreement with h ~ the City for municipal sewer and/or water services; and ,.Q t'! "t ,,":"~I co ~ ~~ WHEREAS, the City is agreeable to furnishing said services c:l"'; C "':f< ~-, ~oO .C) . ~ z.. -5 S' c ~ upon certain conditions and considerations; ~ -;: E~' ~ ,,-' """ 0 :; ~!3 t ti NOW, THEREFORE, the parties hereto hereby covenant and agree ~ G -~~ ~ ~ , C ~: ~ ~ ~ 0 ;;;;; as follows: l:: v f'l ~ ~ 0 t .~ ~ ~ 1. The City does hereby agree to provide sewer and/or water rfl 0 ~ ~ ~u u 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. 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. [/ (j ~ '- "... / gOfl:lO <19. " 'o<]~CC} ~/ 4,., I- ,- "'\ J'~li:l..'allJt~ .. ~~a)~ (;JI'II~-f' o'-tob-Oq(~) - 1 C,,___ '_._ _. '. I I O.R.6 3 7 6 PAGE 772 2. In consideration of the covenants contained in Paragraph 1; immediately above on the part of the City, the Owner agrees: (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 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; (c) that all recreation land, recreation facilities and open space land dedication and/or fees will be due upon annex- ation in an amount and manner as prescribed in Ordinance Nos. 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 time this Agreement is submitted for processing, or (2) place in escrow such deed transferring title to land and/or promissory note made payable to the City of Clearwater as required by Ordinance Nos. 3128-83 and 3129-83, such deed and/or promissory note, copies of which are attached hereto as Exhibit A (if applicable) to be conveyed and/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 of the property owner, to initiate action to annex the property to the City; - 2 - I I o.R.6376PAGE 773 (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 Fire District requirements as set forth in Chapter Three (3), Standard Building Code as duly adopted by the City of Clearwater; (f) all property proposed to be subdivided or otherwise differentiated from the original parcel described in this Agreement shall be treated as a single parcel for the purposes of the subsequent annexation procedure, individual ownership notwithstanding; (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 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 is mentioned in the Deed to said owners; and (i) if the Owner or its successors, or assigns, 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. 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.6 376 PAGE 774 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Witnesses as to Owner: STATE OF FLORIDA ) COUNTY OF PINELLAS ) ......\'..J.. ~ ~ ~ ~ ,." ~ ~ .;- -- -- .... "" .~ '""-........ '~- ; , ~.'-~ Robert Broege, Vi~Pi'esident First Home Builders;,,-.:Inc. Subscribed and sworn to before me this ~ day of ((J ~ 1:1;.0'1'\- 19 'R (;, . My Commission Expires: F Notary PulllC, State of Aorida My Commission Expires Jan. 17, 1983 .L.-..___~~[Idtld H~l.I rro1' t~1O - IO.5urance, Inc. counter~ed: / Approved as to form and correctness: ~~ Ci ty Attjrney / U 'oP:~~:~~ .'.";.... p. .~~ ~\l~: '<.J-.<- C? CITY OF CLEARWATER, FLORIDA -))- < '" ~{. ..".:; tL":.~:"~ ;:':,i;\. ~ ..J~J~" ~~ Cle rIt. . -.. _:. ....'.....3iF. "."i.'{ itt _ ~'. - ~, . :J,~~i,:tP""~':'~ ~ .:~t,;."f~"'t.~l_ -~.~". "~"'/~"'.) ",~~,';~ ~4;;t~:':>.-~'. ,,', - Jln~,' .f- .'. C . . . . \;:.'.:.'.~~ . ~ -;'" \ -- .e:.t. '" if' . - 4 - I I o . R ,ra3"7~ Pj 17~ ,~" ...-' EXHIBIT A PROMISSORY NOTE (Recreation Land, Recreation Facilities and Open Space Land Fees Due In Addition To and/or In Lieu of Land Dedication) $ 200.00 (TWO HUNDRED DOLLARS) Clearwater, Florida Date: '0\ 8l Bi. This Promissory Note to be made an addendum to the Agreement to Annex for the following described parcel: Lot 16, Block 7, of Virginia Grove Terrace, 4th Addition according to the plat thereof as recorded in Plat Book 37, Page 75 of the Official Records of Pinel1as County. The undersigned, its successors, or assigns, or any subsequent owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the sum of $ /.00.00 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 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: es., First Home Builders ,Inc. Robert Broege, Vice Pres.,' t Home Builders, Inc.