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SEWER ONLY - RUSSELL A. AND DENISE M. BINETTE '\t "- >-. <0 .0 ~ ~co x~ o~ Ci:s2 ~'en cO ~~Eoft; o.~g .~ ~~<a... ~ >- ~' ___ x G ~ u: ~..:L 00 ~ '-- 5~'3:E~ _~u.<u 2: c '+- '" ,'- o..:!! ~ c,U t-, U -0 ::' 0;), ""'" IJ--. -1<, ~ .,...., .~ -. <:I':i o ,~ OQ <:I':i 'L.. .,., ~ r....~t-. . ~~< ZH><~ ~UO~ .......~o:l ~ -' . ~ f-d'" 0 41 0;.1 U .~, ~ Il<< t::: p:; < ~ ~ -, .... , -~, O.R. 8 037 PACE 1720 ~A 8'5"-\'\--~?~ :;~i;>\, ~ ,\ C, 'J 01 ...2(. F~c \;~.:;:- , ",c.'e,. ft M \ 0* l,. '\ \of' ~"- I ~ :1cCHG I 0t56~ 4e r'<3C (:f~.: 4 :;-~ '-I"~ ~,.... j T~taL::: /7j}f!Lb (Sewer Only) THIS AGREEMENT, made and entered into this j~y of ~ , A.D., 19iJ...., by and between the CITY OF CLEARWA~ORIDA, a municipal corporation, hereinafter 85151508 I ^ G R E E MEN T referred to as II Ci tyll, and Russell A. Worman and Denise M. Binette hereinafter referred to as IIOwnerll; 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 wit~in the City of Clearwater service area: Lot l4, Blk 5, Virginia Grove Terrace, 2nd Add. as recorded in Pl. Bk. 37, Pg 73 Pinellas County Records c...... ,.....,. ..,~ ~)' ~, ~~, , ()l w c:-\ -,:) :x: - a::: (...r, 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 WHEREAS, the City is agreeable to furnishing said services upon certain conditions and considerations; NOW, THEREFORE, the parties hereto hereby convenant and agree as follows: 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. .. \" {~~- ,~ ;'. < . ,.. / \, :I ( ;< '~l'~ (/ ) ,,-/j /' t ""e i~) ,-' " .-".,' ," ,-,/ '/' i' ("('r,N )7 . <l' (.-t.-V . . (" - 1 - c:0(-aXy{)7(?'0 I I O. R; 6 0 3 7 PACE 1 7 2 1 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 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 transfering 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. 6 0 3 7 P~GE 1 7 2 2 (e) that it is to the mutual benefi t 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 not\'Ji thstandi ng; (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 pro vis ion s 0 f t his A g r e em e nt, an d the C i t Y s h all i ns tit ute 1 egal proceedi ngs to enforce the terms and provi sions 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 - . . . -' ,"- 1" I .. ' I O. R. 6 0 3 7 PAGE 1 7 2 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Countersigned: B&i~~ 7/~ /Mayor- ommlssiOner Approved as to form and correctness: . ~~t~ Qt cJot V\.. 1 tAt tor n e y Witnesses as to Owner: ./-./~;J /1 ".,. ~. 9-~? 4?7"' 12" L ~ STATE OF FLORIDA COUNTY OF PINELLAS CITY OF CLEARWATER, FLORIDA By .-'</ Attest: ~,"IIlI' "- .- , "";:"'.Ao ....~~ ,/' ~';. .;J .. I, \;A> , .. Il.... ',.:' : L, ~ j:,." / .~/ (7)v..~'Jf/j~.. ;:;' J C.i.~.Y tl ~:~."".. '.',',,", . OWNER: B~\~~~A~" -- "- Russell A. Worman J. L L "?Jt. &M/u :-. , Denise M. Binette Subscribed and sworn to befure me this (VIA'1 19 8~. <;s( 1 day 0 f My Commission Expires: ~~~ ot\y Cl.g~ t I ~:<:"'~::: 7' ,I', ,~,-,..: - 4 -