ANNEXATION AND PARKLAND DEDICATION (08)
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 Owner's expense. 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 annexation
in an amount and manner as prescribed in Ordinance Nos. 3128-83
and 3129-83. In particular, the Owner shall either:
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S527~~08
AGREEMENT'
Chelsea Place
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o.R.€140 PAGE 2392
(
THIS AGREEMENT,
of D E'C;.E WV\ "B ~R
FLORIDA, a municipal
and STEVENS DESIGNER
made and entered into this ~~t10 day
, 1985, by and between the CITY OF CLEARWATER,
corporation, hereinafter referred to as "City",
HOMES, 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 but within the City of Clearwater service area:
That certain property described in Official Records Book 2076 on
page 104 in the Public Records of Pinellas County, Florida as
follows:
Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of
the Southeast Quarter (SE 1/4) of Section 32, Township 28 South,
Range 16 East, less and except the South 33 feet for road
right-of-way.
The above described property is more particularly described as
follows:
Commence at the South 1/4 corner of Section 32, Township 28 South,
Range 16 East, Pinellas County, Florida; thence N 00 00 15 E,
along the West line of the Southeast 1/4 of said Section 32, for
33.00 feet to the POINT OF BEGINNING; thence continue along said
West line, N 00 00 15 E, for 631.13 feet; thence S 89 49 18 E,
along the North line of the Southwest 1/4 of the Southwest 1/4 of
the Southeast 1/4 of said Section 32, for 666.09 feet; thence S 00
G6 19 E, along the East line of the Southwest 1/4 of the Southwest
~/4 of the Southeast 1/4 of said Section 32, same also being the
West line of that certain property described in OR 2067 on page 9
of the Public Records of Pinellas County, Florida, for 631.46
feet; thence N 89 47 38 W, long a line 33.00 feet North of and
parallel to aforesaid South line, for 667.29 feet to the POINT OF
BEGINNING, and containing 9.66 acres, more or less, and 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 with 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 covenant and agree
as follows:
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O.R.61~O P~GE 2393
1(1) pay the total fee of J !l/ 4 prior to
or in concert with the execution of this Agreement; or
1 /V)t2~ pay the fee on a pro-rated per lot schedule of
_ Vl/~.. 70 for each of theila:n1lj Q.,o lots
pfior to the issuance of any letter fegarding sewer
service and the total fee to have been paid prior to
QnrJf YO truYl
(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 ~he
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:
(1) have the preliminary plat reviewed and
accepted by the City in advance of obtaining any
requisite permit from Pinellas County. Acceptance of
such plan shall precede the execution of this Agreement
by the City and any construction on this property
subsequent to annexation 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.
(2) have the water and sewer system designed to
City standards, and the City will be entitled to review
the water, sewer, and all other subdivision construction
plans.
(3) have each home builder to go to the City to
obtain a water and sewer letter, but City shall not
require review of builders' architectural/structural
plans.
(4) Owner agrees that the plat and subdivision
construction plans will be in conformance to the City
approved preliminary plat entitled Chelsea Place as
prepared by Appenzeller, Boyd & Zarra, Inc. and dated
September 16, 1985, a copy of which is attached hereto as
Exhibit "A".
(5) Owner and City agree that storm drainage/street
paving subdivision improvements will be installed/
constructed with coordination of Pinellas County and City
of Clearwater inspections.
(6) have the performance bond and maintenance bond
run to Pinellas County.
(7) have no additional review fees payable to City
of Clearwater while under the jurisdiction of Pinellas
County.
(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 it 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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tN WITNES! WHEREOF, the parties
Agreement to be executed the day and
I O.R.€140 P~GE 2394
here~o have caused this
year first above written.
Countersigned:
Approved as to form and
Correctness:
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City Attorn
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/J1Uzft. J.~
S1ATE OF FLORIDA
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By:
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Attest:
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Partner
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COUNTY OF PINELLAS )
Subscribed and sworn to before me this :!xJr1. day of f),i:dLtA
19~.
My Commission Expires:
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SEE PLANS IN FILE