SEWER ONLY - ROBERT DOWNING AND RITA DOWNING
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A GR E E MEN T
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Revised
November 24, 1986
O.R.6451PAcr 888
1- #0-
ur day of
(Sewer Only)
THIS AGREEMENT, made and entered into this
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, 19~ by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
Robert Downing and Rita Downing, his wife
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:
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Lot 15, Block 3, of Virginia Grove Terrace
3rd Addition Subdivision according to the
Plat thereof as recorded in Plat Book 37,
Page 74, of the Official Records of Pinel1as
County, Florida.
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and
vJllEREAS, the Owner desires to connect to the City
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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;
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G.R. 8451 P~Ct 889
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(c) that all recreation land, recreation facilities and
open space land "dedication and fees will be due upon annex-
ation in an amount and manner as'prescribed in Sections 116.40
through 116.51, Code of Ordinances. In particular, tpe 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 of 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;
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(g)
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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 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, 33518, 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.
.
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IN WITNESS JkEREOF, the parties hereto
D.P.. 6461 PACt 891
lave caused this
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Agreement to be executed the day and year first above written.
OWNER
Witnesses as to Owner:
BY~~
~ ~owning ~
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/ Rita Downing ~
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Subscribed and sworn to before me this /c1Y!) day of
JDL~fC
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My Commission Expires:
1\I'Or ARY 'P(JBLlC STATE OF FLORIDA '. '"
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MY COMMISSION EXPIRES JUNE 26 1987'0:'-," "
iO~ED. ItI&u ~EI!AL JNSURANa UNO . "--.- .. ."....-
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Notary., ( ." ". ; "'. . ;. ""..' "
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CITY OF CLEARWATER,FLORIDA
Counte7gned:
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a~
ayor-Commissioner
By
Approved as to form and
correctness:
Attest:
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