SEWER AND OR WATER - ALDI LLC
AGREEMENT A:.:t"A. 01- 02 - 4 f;?
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THIS AGREEMENT, made and entered into this if day of ~h...- ,
20 ~ by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred
to as "City," and AIdi (Florida), LLC hereinafter referred to
as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the
municipal boundaries of the City of Clearwater:
PML~ l. \b. ... oc.. - 2.~ - I c-. - O'l 0"7'2.. - 000 - 100'
See Attached Exhibit t~" for the Legal Description
Also known as:
24698 U.S. 19 North
Clearwater, Florida 33763
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2008250989 09/12/2008 at 03:27 PM
OFF REC BK: 16376 PG: 35-39
DocType:AGM RECORDING: $44.00
and
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WHEREAS, the Owner desires to connect to the City sewer main when it is available 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 t9 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 tide 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
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precede tb~ execution of. this Agreement by the City and any 'construction on this property shall cotnply
with the applica.bl~ building and fire codes in effect in the City of Clearwatet;
(f) that all of the property described above sh2ll be deemed a single parcel subject to annexation
u provided herein., and any subpatc:els of the property described above which at~ created by subdivision
ot: by any othe.t means $ha11 be inclu~ed for the puxposes of the subsequent annexation procedw:e,
subsequent sale and individual ownersbip notwithstanding;
(g) that the tettns and provisions of the Agreement shall be commitment and obligation wbich
shall not 901y bind the present ownex of said described real property, but shall be a covenant which shall
tun with the land and shall bind and be enforceable against the heirs, successoX'$ and assigns of the Owner;
and
(h) if the Owner or the heirs, succesSO.t5, and assigns of the Owner, sball 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 Owne.t
shall pay :all costs of such proceedings including the payment of a reasonable attomefs fee in connection
therewith.
3. The City shall not be lia.ble for any d.atnage xesulting from any unavoidable cessation of semce
caused by Act of God, necessary maintenance work, ox: any cause beyond the control of the City.
4. All notices to be furoished hereunder shall be futo~hed to the City of Clearwater, to the City
Managex, P.O. Box 4748, CleatWater, Florida, 34618-4748 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, OJ: at the address fOI the Owner according to the property tax rolls of Pinellas County, Flonda.
5. This Agreement shall be ,t;ecotded in the public records ofPinellas County, Flonck.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
yeal: first above written-
OWNER:
~ ~eU DId" g ~~\ f~
STATE OF FLORIDA)
COUN1Y OF PlNELLAS )
BEFORE ME p~=rudly appe"'ed 'Ar"t." Y I V~ I ), (el"iar oP ~ E2Iritr
, to me known to be the mdiVldual(s) descri~ 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).
ITNESS my hand offkial se s J 1tJ:b- day of ~~ , 200!:[
.
My Commis,;oo EXPu".telll/$tj j/l;~' f. Jrhnm
:i~V Pt\.
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a,,..<$'-
Notary Public State of Florida
Kenyetta White-Johnson
My Commission 00389419
Expires 01/24/2009
2
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CITY OF CLEARWATE~ FLORIDA
By:
p;)~~, ~-rt
William B. Home, II
City Manager:
Attest:
Cynthia E. Goudeau
City Clerk
WITNESS my hand a.nd official seal this ~day of Au ~ V ~ \- 20 ~ ~
~.~. ~
Notary' Public ~......
Notary Name (print/type) .~ ~n.tJ'il:....I
My Commission Expires~ \ ~ -a ~ \ 0...
SANDRA HARRIGER
~ MY COMMISSION # DD733691
EXPIRES: January 04. 2012
FI. NotarY DiJeounl AJw;. Co.
l.ooo-l.NQTARY
.... '^"
S/Fonn ~ Annexation Agreement 1410.0029
tevised 04/25/97
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Exhibit "A"
THE EAST 324.00 FEET OF LOT 10, BLACKBURN SUBDIVISION, ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 62, PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, TOGETHER WITH A PORTION OF THE VACATED ROAD NUMBER 194,
ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWESTERLY CORNER OF LOT 6 OF SAID BLACKBURN
SUBDIVISION; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF BLACKBURN
STREET OF SAID BLACKBURN SUBDIVISION, N.89057'59"W., 60.01 FEET; THENCE ALONG
THE WESTERLY RIGHT-OF-WAY LINE OF LAWSON ROAD, N.01002'38"E., 1,018.79 FEET;
THENCE S.89046'13"E., 295.94 FEET TO THE POINT OF BEGINNING; THENCE N.01001'02'38"E..
269.00 FEET; THENCE S.89046'13"E., 324.03 FEET; THENCE ALONG THE WESTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY 19, S.01002'38"W.. 269.00 FEET; THENCE N.89046'13"W..
324.03 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
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