WATER ONLY - TONY D. AND SANDRA D. DAVIS
85273565
O.R. 6140 PAGE 2399
AGREEMENT
(WATER ONLY)
THIS AGREEMENT, made and entered into this 17th day of
December, A.D., 1985, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Ci ty", and
TONY D. DAVIS and SANDRA D. DAVIS
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:
Lots 7, 8 and 9, Blk. G
Brooklawn Sub.
as recorded in Pl. Bk. 13 pg. 59
of Pinellas County Records
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 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 Owner's expense.
,
I
o.R.Sil1a P~GE 2400
The C i t Y S f1 a' 1 not h e 1 i a b 1 e for any rj a mag ere s u 1 tin q fro rn 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~~dtion of the covenants contained in ?ara]raph
1; i'T1 m e d i ate 1 y a b 0 v eon t 11 e par t 0 f the C i t 1" , the 0 VJ n era 9 r e e s :
(a) to pay the appropriate annexation fee when this
Agreement is submitted for processin);
(b) to pay normal sewer and/or water connection charges
and monthly sewer service and/or water charges to the City on th~
sar'le basi s as sewe:r servi ce and/or wat8r IlSer'S outsi de 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 in 0 U n tan d n ann era s pre s c " i bed i nOr d i Jl 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.
3 1 28 - 8 3 a t the t i i'1 e t his A 9 r e e in e n tis sub fT1 i t t e d for
processirl<j, or
(2) pl ace in escrow such deed transferi n9 ti tl e
to land and/or promissory note ~ade payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3129-83, slJch deed and/or pr;"),'li ssory note, copi es of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second or1inan~e
rea dill 9 ~ f f e c t '1 a tin 9 the ann e x a t ion 0 f t 11 e sub j e c t
f.lroperty;
(d) that at such time as it becomes possible for the
City to annex said real property, this Agreement will constitute
a nap p 1 i cat ion to r.l n n e x. at t:-' a t t i '1'1 e, r.l n d the City wi 1 1 h a vet he
right, upon sixty (60) days' written notice of the property
owner, to initiate action to annex the property to the City;
- 2 -
I
I
O.R.61t10 P~GE 2,101
(2) 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 .ouilding plans
revie~ed and accepted by the City in advance of obtaining any
requisite permit from Pinellas County. Acceptance of such plans
s h all pre c e d e t [1 e e x e cut ion 0 f t his A g r e em e n t by tn.: C i t Y d n rj any
con s t r u c t ion 0 n t 11 i S I) r 0 per ty s hall corn ply ,~i t h the Fir e D i s t r i c t
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 b~ treated as a single parcel for the purposes of
the subsequent annexation procedure, individual ownership
not Iv i t h s tan din 9 ;
(9) that the terms and provisions of this Agreement
si1all 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
d 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 Oeed to said
o\vners; and
(i) if the Owner or its successors, or assigns, or any
subsequent o\vner, shall default in the performance of tile 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 s u C (1 pro c e e din g sin c 1 u din g the pay m e r1 t 0 far e a son a b 1 e
attorneyls fee in connection therewith.
3. ~ll notices to be furnished hereunder shall be furnished
to the City of Clearwater, to the City Manager, P.O. Box 4748,
Clearwater, Florida, 33518.
- 3 -
I
I
O.R.61t10 P~GE 2L102
I I~ ~I I T IJ E S S ~I HER E 0 F, the par tie S 11 ere to h a v e c a use d t 11 i s
Agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
I
/
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y
Approved as to form and
correctness:
Attest:
City At tor
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'0 C i tot !:C e <:,: ~ ," ; ;_~
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OWNER: ~. .,,," ~ '-;,," c
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Witnesses as to Owner:
ony
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. a dra D. Davis
STATE OF FLORIDA
COUNTY OF PINELLAS
Subs.>;-,"-U>ed and S\'/.9!:Jl- to before Iile this L7day of
Or~ 1995.
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My Commission Expires:
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- 4 -
J PROMISSORY NOTE
(Recreation Land. Recre tion Facilities and Open
Addition To and/or In Lieu of Land
$ 200.00 (Two hundred dollars)
l:.XH1IH I 1\
Q. P C:;14:0 (XI ~ 4:03
sJLce L~nd Fees Due In
Dedication)
Clearwater. Florida
Date:
/j-/7-YS
.
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 7, Blk. G
Brooklawn Sub.
As recorded in Pl. Bk. 13 pg. 59
of Pinellas County Records
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 lawful money of the United States of America. to the City of
Clearwater. Clearwater. Florida (mailing address is P.O. Box 4148.
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 pr~mote 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.
Witnesses as to Owner:
OWNER:
~~~~e-
~D. ~vis , fj
, r. \ '
t1-A.A- dk k t~ ..,' Cl/J.^--":J
Sandra D. Davis
N(q.I~1\Y FUfi~" ~c S'f.~;'F O~- i~ ~L<;:,~.[~:1
!~y Cc)!lnH:~.,-:~~DiJ ~\;1. 11,1\'( ~3, F;~S
BONDED ThRl ~ENERAl INS. UNO.
/7 day of r~ 19F~
~afY~ ~~
Subscribed and sworn to before me this
My Commission Expires:
'.
EXHIBII A
~e~/l.fO pq ~ <fOt{
splce Land Fees Due In
Dedication)
l PROMISSORY NOTE
(Recreation Land, Recrea ion Facilities and Upen
Addition To and/or In Lieu of Land
$ 200.00 (Two hundred dollars)
Clearwater, Florida
Date:
/() - ( ? - ~-S
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 8, Blk. G
Brooklawn Sub.
As recorded in Pl. Bk. 13 pg. 59
of Pinellas County Records
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 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 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, 1, 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.
Witnesses as to Owner:
OWNER:
Br~~- -
~~L~ ~. AJ~
San ra D. Davis
//)dd:i J La-/
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Subscribed and sworn to before me this ~ day of ~~~~
My Commission Expires:
19r5:-
NOTARY PUBLIC STATE OP FLORIDA
MY COMMISSIO~ EXP. MAY 8, 1968
BONOEO 1HRU GENERAL INS. UNO.
(/;)~J~
~t y . ,.
,/ .I
(,/
1 PROMISSORY NOTE
(Recreation Land, Recre ion Facilities and Open
Addition To and/or In Lieu of Land
$ 200.00 (Two hundred dollars)
EXHIBIT A
Q,R.&JtfO P1 Qt..f;OS.
spice L~nd Fees Due In
Dedication)
Clearwater, Florida
I
Date:
/ t) - / 7 - ~ .s;~
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 9, Blk. G
Brook1awn Sub.
As recorded in Pl. Bk. 13 pg. 59
of Pine11as County Records
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 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 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, 1, 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.
OWNER:
,
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B~~
To D. avis
~ OM I1v- [~ {8 ~~
Sandra D. Davis
Witnesses as to Owner:
Subscribed and sworn to before me this ~ day of ~~
My Commission Expires:
yS-
19 .
NOTARY pun IC STAn o~ HORlOt.
NY COMMISS UN EXP. nAY 8, 1988
aONDE0 THR SE~~RAL IN~. UNe.
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L---- ~ary . ..