SEWER ONLY - RON LEIST - TRUSTEE
'"
I
CITY OF CLEARWATER
lnterdepartment Correspondence Sheet
FROM:
City Attorney M. A. Galbraith, Jr.
,~ ~nl\ Q~
John D. Richter, Development Code Administrator ~
TO:
COPIES:
Cyndie Goudeau, City Clerk
SUBJECT: Agreements to Annex 85-39-261 (Leist, Trustee),
85-40-262 (Status Development, Inc.), 85-41-263 (Beck)
and 86-1-264 (Booher).
DATE:
January 16, 1986
In compliance with City Commission direction of June 21, 1984,
regarding authorization of City Manager approval of routine
agreements for annexation and the City Manager's request that you
sign off on them prior to his approval, the subject Agreements to
Annex are attached.
Agreements 85-39-261, 85-40-262 and 85-41-263 were processed
prior to our receipt of your requested revisions. Agreement
86-1-264 does include the revisions as you requested..~
Please sign the attached Agreements (two copies of each) and
forward to the City Manager's office for his approval. The City
Manager's office will return this signed memo to the Planning
Department who will in turn notify the Assistant City Manager's
office of approval.
The Agreements will be retained by the City Manager's office for
completion of the execution and remainder of the processing
procedure will remain the same.
Approved
JDR/GL/df
JAN 2~ 1986
-)( b : It..:~ rt.{.ti-' t. +L 0.0..-;" .st...'.l J...
~.tu.r Cfp'o/'- a-.. p. 4) J .J.,. <L
~(e-~'o,--- J 6 {( ~;rd.-r4lUJ; ~ -t-L "
~~<ol ~~ ~-+4. fMia"- t~lAM.~
-f:o f/. ~
Attachments
RECEIVED
CITY CLERK
tI-.
co
'-t<
t-':'
..-1'
c;,
rl
It)
.. ct:)
o~~~
E-< ;c;; ,
;~. <
z~~~~
~ ~1 c.~
~~...,~d'
E-<E..,O~
u:l u ,F-i
~ ~<:
~
~
<:
~
...:I
U
'r- "
)I1rc~
I
I
f\tP. 8S~ '3'1 - 21, \
k<..r,. lIL M \ \ Gj'3 '\-\..,
()c, -^'- .__
'f-'--~' \' I'~ L. \'.,-":: C)
~\l..ul"\.,s\'c!\--'1 Nc,,,,, ,).ioiVGl)
8ti02rr181
^ G R E E MEN T
O.R.6166 PaGt 1528
AGREEMENT, made and entered into this ~nh day of
( SEWER ONLY)
THIS
~
'- / 8ruu; },:4<
OF CLEARWAT , FLORIDA, d municipal
, A.D., 19&,
by and between the CITY
corporation, hereinafter
referred to as "City", dnd
RON LEIST, TRUSTEE
hereinafter referred to as "O.."ner";
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
Clear~ater but within the City of Clearwater service area:
Lot 9
Oak Creek at Countryside
As recorded in Pl. Bk.~_pg.iZ..o
of Pinellas County Recorcls-
!!!1 r
:111
lG ; .;;
f ~ , ., ~ "'f
~ "'. r ;
:-. .
'-;-.1<
CHGIDOO 1/) (W) ,,- Sit ~-# t ..
,--. .
11 'I"\;) c.:; b:L
CoCC .t-J ~~~.
.~) {1';'Io~".
40 R8C;;( I ()rJ = -s: c f':':
- ;;~ '.-;-
46 Pas IJI:ZltI>> ~l. t.i~
oC(} (=n- ','I-i
Total ~ I
, ~ ..
and
WHEREAS, the Owner desires to connect to the City sewer
and / 0 r wa t e r m a i n and i sag r e e a b 1 e to s i g n i ri 9 a nAg r e em e n t \~ i t ~1
t 11 e City for !Il u 11 i c i pal s e VI era n d / 0 r wa t e r s e r vi c e s; and
WHEKEAS, the City is agreeable to furnishing said services
upon certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby convenant al1d
agree as follows:
1. The City does hereby agree to provide sewer and/or water
s e r v ice s, sub j e c t tot 11 e t e r 1~1 s 0 f t /1 i s A J r e e men t, a 11 d top e r In i t
the Owner to connect to its sanitary sewer and/or ~ater main at
the Owner's expense.
This iw,trllm~nt was rr~rared by:
1\1. A, (;a]}lrai'h, Jr.
City ,A t~()rn!'y
City of Cluu'watn, P. O. Bn~ J.7-l3
, l'L 3"~1() 1~'3
Clearwater,' J:'>..o"' l"t
(!l! / cnq/
r:;i4uICLL/dj q l' h
~\-c:o&-Of)Q 8') ,
C::;:jiiIC__. --r- "r---______-
- 1 -
I
I
o.R.6166 PACE 1527
The C i t Y S 11 all not bel i a b 1 e for any rj a mag ere s u 1 tin q fro fTl any
unavoidable cessation of service caused by Act of God, necessary
maintenance work, or any cause beyond the control of the City.
2. In consid~~dtion of the covenants contained in ?ara]raph
1; i,1'1 rn e d i a tel y a b 0 v eon t 11 e par t of the C i t 1" , the 0 V~ n era 9 r e e s :
(a) to pay the appropriate annexation fee when this
Agreement is submitted for processing;
(h) to pay normal sewer and/or water connection charges
a~d monthly sewer service and/or water charges to the City on the
sane basi s as sewe:r servi ce and/or water Ilsers oLltsi de tfle
municipal boundaries are charge1, 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-
a t ion i n a n a in 0 U n tan d In ann era s pre s C r' i IJ e d . i nOr d i 11 a. n ': e t J :) s .
3125-83 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 sub~itted for
processing, or
..
(2) place in escrow such deed transfering title
tq land and/or promissory note ~ade payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3129 - 83, s lJ c h de e d and / 0 r p r;);1 i S so r y not e, cop i e s 0 f
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second or1il1ance
rea dill 9 e f f e c t iJ a tin 9 the ann e x a t ion 0 f t 11 e sub j e c t
~roperty;
(d) that at such time as it beco~es possible for the
City to annex said real property, this Agreement will constitute
a nap p 1 i cat ion t I) ~ n n e )( a t t 11 a t t i '11 e, and t f1 e C i t Y wi 1 1 h a vet h e
right, upon sixty (60) days' 'I'Iritten notice of the prop,=rty
OWler,to initiate actiol1 to annex the property to the City;
- 2 -
~-
I
I
o.R.6166 P~Ct 1528
(2) that it is to tile mutual benefit of the 0wner and
the City, in recognition of the event~al 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
s h all pre C e d e t f1 e e x e cut ion 0 f t his A g r e e men t b j t h ,= C i t Y d n rj any
construction on tllis !Hoperty shall comply \dth 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 proposerl to be subdivided or otherwise
differentiated from the original parcel described in this
Agreement shall be treated as a single parcel for tfle purposes of
the subsequent annexation procedure, individual ownership
not Iv i t h s tan din 9 ;
(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
sub s e que n t 0 \v n e r, s h d 1 1 d e f a u 1 tin the per for man c e ,) f the t e r i:1 5
and provisions of this Agreement, and the City shall i~stitute
legal proceedings to enforce the terms and provisions hereof, the
Owner, its successors and assigns, covenant and agree to pay all
costs of suerl proceedi ngs i ncl udi ng the payment of a reasonab,l e
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 -
:Y
,J, ,
i" .
>:,,'
I,
./....1'.....'.'.
J,:,"t
t)
If
' (;,q:".~r:
"1;'
!"t' ,
,~"%''i:,;:,
~'
~':,:
-I '" '"~. _,,__.
..
I
I
O.R.6166 PASt 1529
I t~ ~J I T IJ E S S vi HER E 0 F, the par tie she r e to h a v e c a use d t 11 i s
Agreement to be executed the day and year first above written.
Approved as to form and
correctness:
~
City At tor n
Witnesses as to Owner:
(ZA-cL(/i-c.uJv/,,-d~~
I
STATE OF MICHIGAN
C 0 U tH Y 0 F ST. JOSEPH )
CITY OF CLEARWATER, FLORIDA
By
Attest:
..oJ-'
:,;,~.~:-.;:;",,",
OWNER:
By
~
--&U-
Sub ~r i ~e d and s \~J:.n to be for e Ii1 e t his ~ -d ay 0 f
C1!.d' , 19Y5.
My Commission Expires:
LO!: i" r ",' .
Notary Publ ie, St. .'L.: Cc,: :~:,", ;.11
My ,Commissicn l\t;E,~. ':.), J5,~.;:)
,......
~,'--"
~
::/j
( // r-7J /:;)
c----, <=~: ' 6 ~. C~~ /'--
Notary /
- 4 -
1 PROMISSORY NOTE
(Rec~eatton Land, Recre ion Facilities and Open
Addition To and/or In Lieu of Land
$ ZOO .00 (Two Hundred Do:blars)
EXHIBIT A
ORlotlpG pCj IS?JJ
sJLce L~nd Fees Due In
Dedication)
Clearwater, Florida
Date:
OCr'
"28
\ '1 B {
,
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 9
Oak Creek at Countryside
as recorded in;)Pl. Bk. 82 pg. 20
of Pinellas County Records
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 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
p rope rty.
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 prGmote 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:
By.. ~
,/~~,---- .
. . iNALD' R. LEIST, TEUSTEE
Witnesses as to Owner:
---?0-
$i.ltfs-ci-Ftr:~,.;and sworn to before me thi s ;((; - day of
My_..Co'nfm-i :$ s1 0" Ex P ire s :
@J.
19 ~C; .
1.olS E. GP.r~E
Notary Public, St. JGSE;ph County, MI
_ Myeommission Expires J'.ug. 27. 1989
=".~~, p~
Notary v