SEWER ONLY - RICKY E. AND GEORGIA N. GARDNER
"
AGREEMENT
(Sewer Only)
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WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located inside the
municipal boundaries of the City of Clearwater:
fAJLt$'\.. I.b, ~ L!>~ 2ct-/~- ).s,'t~ - 000'- 0, 60
Lot --.1L, Emerald Hill Estates, according to the map or plat thereof as recorded in Plat
Book 48 , Page 18, Public Records of Pinellas County, Florida.
Also known as:
1326 Irving Avenue
Clearwater, Florida 33756-3618
KEN BURKE. CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008250983 09/12/2008 at 03:27 PM
OFF REC BK: 16376 PG: 5-8
DocType:AGM RECORDING: $35.50
and
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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
(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 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 the Agreement shall be 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 heirs, 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, 33758-4748 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 Pin ell as County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year fIrst above written.
WITNESS AS TO OWNER:
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STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE ME personally appeared Ricky E. Gardner and Georgia N. Gardner. to me known
to be the individual(s) described in and who executed the foregoing instrument and severally
acknowledged before me that they executed the same for the purposes herein expressed; and that said
instrument is the free act and deed of said individual(s).
ESS my hand and offIcial seal this 1.;1..~ day of ~, 20Db .
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Notary Name (print/type) ~~el2-ffi L.. ~ ul ~I<-I
My Commission Expires:
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CITY OF CLEARWATER, FLORIDA
By, ~t:>. /k.....~
William B. Horne II
City Manager
Attest:
STATE OF FLORIDA)
COUNTY OF PINELLAS )
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Cynthia E. Goudeau
City Clerk
BEFORE ME personally appeared William B. Horne II, the City Manager of the above-named
City, who acknowledged that he executed the foregoing instrument. He is personally known to me and
did not take an oath.
WITNESS my hand and official seal this ~day of
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Notary Public
Notary Name (print/type)
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My Commission Expires:
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S/Form - Annexation Agreement 1410.0029
revised 04/25/97
3