ANNEXATION AND PARKLAND DEDICATION (05)
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"'OS -W-. , - THIS AGREEMENT,
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A G R E E MEN T
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Yl' day
made and entered into this
, 1985, by and between the CITY OF CLEARWATER,
corporation, hereinafter referred to as
"City", and RALPH N. COXHEAD, Coxhead Homes, hereinafter re-
ferred 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 but within the City of Clearwater Service area:
The North 1/2 of the S. 1/4 of the NW 1/4 of the SW 1/4
of Section 33, Township 28 South, Range 16 bast, Plnellas
County, Florida, less road right-of-way, TOGETHER WITH
THE FOLLOWING DESCRIBED PARCEL: Beginning at the SW corner
of the NW 1/4 of the SW 1/4, run thence 842.32 feet East,
thence North 166.1 feet; thence West 842.32 feet; thence
South to the Point of Beginning; all being in Section 33,
Township 28 South, Range 16 East, Pinellas County, Florida.
WHEREAS, the Owner desires to connect to the City sewer
line and is agreeable to signing an Agreement with the City for
municipal sewer services, and,
WHEREAS, the City is agreeable to furnishing said serVlces
upon certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby covenant and
agree as follows:
1. The City does hereby agree to provide sewer serVlces,
subject to the terms of this Agreement, and to permit the Owner
to connect to its sanitary sewer at the Owner's expense. The
City shall not be liable for any damage resulting from any un-
avoidable 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
one (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.
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B) To pay normal sewer connection charges and
monthly sewer service charges to the City on the same basis
as sewer serV1ce 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 as prescribed in
Ordinance No. 3128-83 and 3129-83, the Owner shall either,
1n particular:
(1) pay the total of $23,687.38 1n conjunction with
the execution of this Agreement, or,
(2) pay the fee on a prorated per lot schedule of
$1,393.37 for each of the seventeen (17) lots prior to the
issuance of any letter regarding sewer service and the total
fee to have been paid prior to annexation.
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 preliminary site and
building plans reviewed and accepted by the City in advance
of obtaining any requisite permit from Pinellas County. It 1S
mutually understood and agreed between the City and the Owner
that the City has approved a prel1minary site and construction
plan prepared by Tampa Bay Engineering, Inc., a copy of which
is attached hereto identified as "The Crest", and by reference
made a part hereof. It is further mutually agreed that final
plans and specifications shall not differ substantially from
these plans and that construction upon the subject property
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shall comply with these plans, including underground utilities
and with the Fire District requirements as set forth ln
Chapter Three (3), Standard Building Code, as duly adopted
by the City of Clearwater.
F) The conservation area identified as part of Lot 11
on the preliminary plat, which is made a part of this Agreement,
shall be preserved in its entirety.
G) All property proposed to be subdivided or other~
wlse 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
notwithstanding.
H) That the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the City
shall record this document.
I) That the terms and prOV1Slons 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,;
J) If the Owner, or its successors or asslgns, or
any subsequent owner, shall default in the performance of the
terms and provisions of this Agreement, and the City shall in~
stitute legal proceedings to enforce the terms and provisions
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.
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IN WITNESS WHEREQF, the parties hereto have caused
this Agreement to be executed the day and year first above
written.
CITY OF CLEARWATER, F
By:
VkLMayor-Commissloner
Approved as to form and
correctness:
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C ty Attorney
WITNESSES:
OWNER:
COXHEAD HOMAES
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STATE OF FLORIDA )
COUNTY OF PINELLAS)
SUBSCRIBED AND SWORN to before me this /~day of
, 1985.
My Commission Expires:
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NOTARY PUBIC' . :;.", "
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NOTARY PUBLIC STATE OF FLORIDA AriA-
Ihl "I.JIVI!vII:lS,ON E1J'lkES JULY 29 RGE
. i'wr'-i~~ j~u ~ ,1985.
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