SEWER ONLY - STATUS DEVELOPMENT INC.
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o.R.6166 PACE 1521
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^ G R E E MEN T
(SEWER ONLY)
THIS AGREEMENT, made and entered into this ~1l) day of
November
, A.D., 19~, by and between the CITY
OF CLEARWATER, FLORIDA, d municipal corporation, hereinafter
referred to as "Ci ty", dnd
STATUS DEVELBPMENT, INC.
herei nafter referred to as "Q,vner";
WIT N E S S [ 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:
The West 60 feet of the East 139.28 feet of Lot 157,
CLEARWATER MANOR, according to the map or plat thereof
as recorded in Plat Book 41, page 66, of the Public Records
of Pinellas County, Florida.
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and
WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signiAg an Agreement ~ith
t i1 e City for !Il u n i c i pal s e VJ era n d / 0 r wa t e r s e r vie e s; 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
s e r v ice s, sub j e c t tot h e t e r ,'1 s () f t 11 i s A J r e erne nt, and top e r In i t
the Owner to connect to its sanitary sewer and/or ~ater main at
the Owner's expense.
This iuslnll:lcnl was rn'parcJ by:
M. A Calhr;;;:h, Jr.
(~ily }. t~orp(''\-
City of Clearwater, P. O. Box .ln8
Clearwater, FL 33518-4748
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I. D.R.6166p~Gr 1522
The C i t y s f1 all not bel i a b 1 e for any 1j a mag ere s u 1 tin q fro JT1 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~rdtion of the covenants contained in ?ara]raph
1; i,'1 m e d i ate 1 y a b 0 v eon t 11 e p a I' t 0 f the C i t Y" , the 0 V.J n e I' ag I' e e s :
(a) to pay the dppropriate annexation fee when this
Agreement is submitted for processing;
(b) to pay normal sewer and/or water connection charges
a~d monthly sewer servic~ and/or water charges to the City on th~
sane basis as sew~r service and/or water users outside the
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 rn 0 u n tan d n ann e I' asp res c l' i bed i nOr d i 11 a r1 ': e i J ;) s .
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 t i !'1 e t his A 9 I' e e In en tis sub fl1 i t t e d for
processinq, 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, such deed and/or pr;')i'1io;sory note, copies of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second ar1inance
I' e a d i 11 9 : f fee t i1 a tin 9 the ann e x a t ion 0 f t 11 e sub j e c t
~roperty;
(1) that at such time as it )ecofl1es possible for the
City to annex said real property, this Agreement will constitute
a nap p 1 i cat ion t 0 ii n n e x a t t hat t i ''1 e, ii n d t f1 e C i t Y w ill h a vet h e
right, upon sixty (60) days' '....ritten notice of the prop,=rty
owner, to initiate action to annex the property to the City;
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I a.R.GiG6 PACt 1523
(2) that it is to tile Mutual benefit of the i)wner 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 Pine11as County. Acceptance of such plans
s h all pre c e de t 11 e e x e cut ion 0 f t his A g r e em e n t b j t h ': <: i t Y d rl rj any
con s t r u c t ion 0 n t i1 i S I) r 0 per ty s hall COin ply '.~ i t h the Fir e 0 i s t r i c t
requirements as set forth in Chapter Three (3), Standard Building
Code, as duly adopted by the City 'uf Clearwater;
(f) all property proposerl to be subdivirled 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 IV; 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
subsequent o~~ner, shall default in the performance of the tenlS
and provisions of this Agreement, and the City shall i1stitute
legal proceedings to enforce the terms and provisions hereof, the
Owner, its successors and assigns, covenant and agree to pay all
c 0 s t s 0 f sue 11 pro c e e din g sin c 1 u din 9 the pay men t 0 far e a son a b 1 e
attorney's fee in connection therewith.
3. ,1.11 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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o,R.61€6 PAGE 1524
Il~ ~JlTljESS ~JHEREOF, the parties 11ereto Ilave caused tllis
Agreement to be executed tile day and year first above written.
Countersigned:
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Approved as to form
correctness:
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C, ty Attor
Witnesses as to Owner:
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STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
Attest:
{/"" B Y
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f7~-:s ,d~+ _ S'TA\U'; ~'.J'2,-of",^"cN\'
~~b5cri bpd and 5"BJe.n to before me thi 5 j6-ftJday of
/J.10(/ct11 0& 191-;:.)
My Commission Expires:
.OTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. APR 28,1989
SONDED THRU GENERAL INS. UNO.
Notary
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I PROMISSORY NOTE
(Recreation Land, Recreltion Facilities and Open
Addition To and/or In Lieu of Land
$ 200.00 Two Hundred Dollars
EXHIBIT A
O~0IloG P915d5
s'ace Land Fees Due In
Dedication)
Clearwater, Florida
Date:
November 15, 1~85
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
The West 60 feet of the East 139.28 feet of Lot 157, CLEARWATER MANOR,
according to the map or plat thereof as recorded in Pla~ Book 41,
page 66, 0 f the Public Records 0 f Pinellas County, Florlda
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. Two Hundre~n 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 pay men t 0 f $ 200. Two Hun dr e ds h all bed u eat the t i met h e
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 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 or not, if after
maturity this notice or default hereunder, counsel shall be employed to
collect this note.
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OWNER:
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By
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f, e.Sc\J e 4- STAlu<; -J~LoPMI2:(\.J1
Subscribed and sworn to before me this /6117day of ))ol/€-mbtr
19 f:5
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. APR 28.1989
SO~DED T~RU GENERAL INS. UNO.
UUJ
My Commission Expires: