SEWER ONLY - FEDERAL HOME LOAN MORTGAGE CORPORATION
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AGREEMENT
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(Sewer Only)
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;I~ THIS AGREEMENT, made and entered into this
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day of (jCi-6~
'"" 19 ff"7
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by and between the CITY OF CLEARWATER, a municipal corporation,
hereinafter referred to as "City", and
Federal Home Loan Mortgage Corporation
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:
Lot 23, Block 5, of Virginia Grove Terrace, 3rd Addition according
to the plat thereof as rec6rded in Plat Book 37, Page 74, of the
'Official Records of Pinellas County, Florida.
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.~ ~greeable to signing an Agreement with
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WHEREAS,
the Owner desires to connect to the City sewer
main
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the City for municipal sewer service; and
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~~EREAS, the City is agreeable to furnishing sewer service upon certain
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considerations;
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NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
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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 O~~er's
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UJ charges to the City on the same basis as sewer users outside the municipal
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2.
The ~~er agrees:
(a)
to pay the appropriate annexation fee when this Agreement is
(b)
to pay normal sewer connection charges and monthly sewer service
boundaries are charged, as set out in the Code of Ordinances of the City, until
the property is annexed;
RECEIVED
OCT 16 1989
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CITY CLERK
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OR 1 106 PG 2 319
(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
(2) place in escrow a deed transferring title to land or a promissory
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 or
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
prDvisions hereof. the Ovmer or ,-he heirs. successors and assigns of the Ovmer
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I OR 7 I 0 6 PG 2 3 8 0
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
W i tne\!l-s"~ a'S to OwnaJ: ;
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Federal Home Loan Mortgago Corr' ..
Regional REO RepreSflntativ,
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STATE OF ~~-
~OUNTY OF r~~~
BEFORE ME personally appeared ~~~ , to
me known to be the person( s) describeR in and who executed the foregoing
instrument, and acknowledged that ~ executed the same.
d1v n I , _ , . .j-;
/7 day of ~~~
WIT~~ my hand and official seal this
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My Commission Expires:
DOIIM I.ITICMU.
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OR 7 I 06 PG 2 3 81
CITY OF CLEARWATER, FLORIDA
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By
Rita Garvey
Mayor-Commissioner
Ron H. Rabun
City Manager
Approved as to form and
correctness:
Attest:
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Cyn
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M, A, Galbraith,
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun, 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 that the seal affixed to the foregoing instrument is the
City seal of said City and said instrument is the free act and deed of said City,
9tL day of ~/
WITNESS my hand and official seal this
_, 19 g9 .
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&u~-a-ry~itJ- -:-:0
My Cornmi~si'.~on:"Expires:
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My Commission ExpIres JulV 22, i991
Bondod Thru Tr01 fain .lnlurGn~ InGt
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