SEWER ONLY - STEPHEN D. AND SUSAN J. BROWN
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^ G R E E MEN T
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day of
the CITY
THIS AGREEMENT,
(Sewer Only)
made and entered into this
, A.D., 19 t~, by and between
FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
Stephen D. Brown and Susan J. Brown, 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
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o Clearwater but within the City of Clearwater service area:
The West 154.00 feet of the following described property:
Begin at the NW corner of Lot 36, COACHMAN LAKE ESTATES, as
recorded in Plat book 62, pages 26 through 29, Public Records
of Pinellas County, Florida, said Point being on the South
right-of-way line curve of Campbell Road as shown on said plat,
said curve being concave southerly having a radius of 503.17
feet; thence along the arc of said right-of-way line curve,
a chord bearing and distance of N. 8S037'49" W., 23.84 feet
to the point of Curvature of said curve; thence N. 890 59' 16" W.,
along said South right-of-way line 474.37 feet; thence S. 00"08'10" W.,
339.90 feet; thence S. 89059'16" E., 462.94 feet to a Point of an
Extension of the West boundary of said Lot 36 that is S. 06004'00"W.,
50.19 feet from the SW corner of said lot; thence N. 06004'00"W.,
along said West boundary and extension thereof, a distance of
341.24 feet to the Pointof Beginning. All being in the
Southwest 1/4 of Section 6, Township 29 South, Range 16 East,
Pinellas County, Florida, subject to rights-of-way and easements
of record.
and
WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signing an Agreement \~ith
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 Owner1s expense.
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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;
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(e) that it is to the mutual benefit of the Owner and
t~e 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
notwithstanding;
(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 provisions of this Agreement, and the City shall institute
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 WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Countersigned:
Approved as to
correctness:
Witnesses as to Owner:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
CITY OF CLEARWATER, FLORIDA
By~~.~j~
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Attest: ~. ..\~..: -"_~/.
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OWNER:
By
ste~
Subscribed and sworn to before me this ~ day of
D\ WvI, 19 8+.
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My Commission Expires:
Notarv Public, State of Florida
My Commission Expires Jan. 17~ 1988
8cndf;Q rhru Troy tein. Insuranr;e, 'nc.
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Kecreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
I
$
200.00
(TwO Hundred Dollars)
Clearwater, Florida
Date:
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addendum to the Agreement to
Annex for
This Promissory Note to be made an
the following described parcel:
M&B 34-022, SW 1/4 Sec. 6-29S-l6E
(See Attached Legal)
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 law'ul 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
property.
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 promote 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 oOr not, if after
maturity this notice or default hereunder, counsel shall be employed to
collect this note.
OWNER:
Witnesses as to Owner:
By
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W~)1jd!a~i{
Subscribed and sworn to before me this
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day of
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19~.
My Commission Expires:
~JG:,J', 1'111;111, )1~le III /Illt:rl.}
Mr (olllmilsiull [xpill's Jan. 17, J'J8~
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