SEWER AND WATER - VILLAS OF LAKE ARBOR
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O.R. 5 1 6 5 PAGE 208 6
AGREE ME N T
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made and entered into as of this xci day
1981 by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter re,ferredto as
"City" and
VILLAS 'OF LAKE ARBOR, a Florida partnership
hereinafter referred to as "Owner";
W I ,T N E SSE T H :
WHEREAS, the Villas of Lake Arbor partnership is the owner
of certain land in Pinellas County, Florida, comprising
approximately 25.12 acres ("Property") more particularly described
on attached Exhibit A, and located outside the municipal boundaries
of the City of Clearwater but within the City of Clearwater
service area, which it intends to develop into a resdential
development entitled "Villas of Lake Arbor"; and
WHEREAS, the Owner desires to connect to the City sewer
and water main and is agreeable to signing an agreement with
the City for municipal sewer and water services; and
WHEREAS, the City desires the Owner to proceed with
development infi~ccordance with the laws, regulations, and
procedures of the "City"; and
WHEREAS, the laws of the City requlre, under Record Plats
and Subdivisions, Chapter 20, Ordinance Number 1449, a dedication
of park land up to ten percent (10%) of the gross acreage of said
plat, or monetary value in lieu thereof; and
WHEREAS, ten percent of the land or monetary value ln lieu
thereof is equal to approximately 2.51 acres; and
NOW THEREFORE, ln consideration of the above premises, the
mutual promises of the parties hereafter set forth, and other
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto do mutually agree as
follows:
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D.H. 5 1 6 5 PAGE 208 7
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.
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The Owner agrees:
(a) 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, 1962;
(b) that at such time as it becomes possible for the
City to annex said real property, this Agreement will constitute
an application or petition 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. Applicable fees for annexation request shall be
due and payable upon receipt of this Agreement for processing.
~. The Owner shall remit to the City, Thirty Thousand
Dollars ($30,000.00) in cash.
Fifty percent (50%) ($15,000.00)
of the total amount will be remitted to the City at the time
the Villas is issued the first building permit for Phase II
n~ the Villas of Lake Arbor. The remaining fifty percent (50%)
_: . 'C>l . (I C' 5 [; a : 1 Q ( Ten.l: t e C: t c t j-~ (: -= it\' ,it t h f t. i TII e L j) E
the Villas is issued the first building permit for Phase III
of the Villas at Lake Arbor. The aforementioned payments
~hall be made as stipulated in this paragraph or by
January 31, 1983, whichever occurs first.
4. The Owner shall convey to the City a ten foot (10")
utility and recreation easement along the entire North boundary
of the property as shown on the attached site plan and said
easement shall extend to Lake Arbor for public access.
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t.R. 5 1 6 5 PAGE 2088
5, Th,e Owner shall convey to the Ci.ty a. san:i;tary sewer
lift station site contiguous to the 10' easement as shown on
the attached site plan.
6. The City will be responsible only for that maintenance
required to remove debris that may be deposited by the publi,c
on the recreation easement to the lake.
7. The Owners performance of the payments conditions
imposed upon it herein shall be in full and complete satlsfacti,Qn
of the City's parkland dedication requirements.
8. The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its sucessors and ass;i.gns.! and
the City shall record this document.
9. The Owner agrees 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.
10. If the Owner or its successors~ ar 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.
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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n.R. 5 1 6 5 PAGE 208 9
IN WITNESSWHEREOF,the undersigned parties have executed this
Agreement by their duly authorized representatives as of the day and year
first above ,written.
By:
CITY
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Attest: .
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THE VILLAS OF LAKE }.,RBOR, A
FLORIDA PARTNERSHIP
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ATTEST
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RICH-COM, INC., AN OHIO
CORPORA ION, A PARTNER
BY
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Secretary
ATTEST
(CORPORATE SEAL)
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D.R. 5 1 6 5 PAGE 20.0.
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STA TE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY~ that on this day~ before me~ an office1" duly
authorized in the State aforesaid and in the County aforesaid to take acknow-
- T"'m. W-.- Benne, tt,"Stanley Rothenfeld
ledgements~ personally appeared v
and Helen Morgan
, to me known to be the persons described in
and who executed the foregoing Agreement ~d acknowledged before me that
they executed the same.
.
WITNESS my hapdand official seal in the County and State last afore-
said -this 3 rd day of . Fenr.ua::ty - - -'.' ,--._- - ~- - ~ 197 ~1
My com:mi.ssion expires:
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My C,lnilli'c'SI,Jh Expires June 29; 1984 '
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STATE OF FLORIDA )
COUNTY OF FWELLAS )
I HEREBY CERTIFY that on this01"~day of -, f\~'"L ~-J..........
19c.J, before me personally appear.ed Anthony'L. Shoemaker, Thomas A.
Bustin, Lucille Williams~ and. Charles F. LeCher, respectively City Manager,
City Attorney~ City Clerk and Mayor-Commissioner of the City of Clearwater ,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and ~ho executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official seal of said municipal
corporation is duly affixed thereto~ and the said Agreement is the act and
deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above wr~tten.
, )
My co:mrni.ssion expires: .
. Notary Pubk State oJ Ronda at l.arge
My Commissioil Expires Oct. 31, 1983
It.._... ... ~l'" riun fin~ &. Ca$Ually Compan,.
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O.R. 5 1 6 5 PAGE 20 9 1
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Survey of
The NW 1/4 of the NW 1/4 of Section 6, Township 29 South, Range 16 East,
Pinellas County, Florida; less and except the North 323.00 feet and the
South 330.00 feet of said parcel; also a tract of land beginning at the
SE corner of the NW 1/4 of the NW 1/4 of aforementioned Section 6;
Thence Wesd, 220.00 yards; thence North, 110.00 yards; thence East
l20.00 yards; thence South, 110.00 yards to the Point of Beginning le..
and except right-of-way: All'more particularly described as follows:
From the West 1/4 corner of Section 6, Township 29 South, hngS 16 East,
Pinellas County, Florida as a Point of Reference; thence N., 00 37'22"W..,
along the West line of said Sectbon, 1676.66 feet to the Point of
Beginning; then8e continue N. 00 37'22"W., 693.64 feet; thence leaving
- .aid line, N.89 57'50"E., 1338.49 feet t8 a point on the Westerly right-
of-way line of Belcher Road; thence S.OO l2'09"E., along said line,
745.67 feet to a point of curve; thence along the arc of a eurveto the
right, Radiu. 661.20 feet, arc 230.04 feet, chord S.09045'52" W., 228.88
feet to a point on the north right-af-way line of Montclair Road; thence
alon'-.said 1i:'1e by the followinA three calls: N.89038'58"W., 273.46 f'eet;
S. 00 - ~l '02"W., 15. 75 f.et; S .89 34' 39"W., 287.84 fee t; thence leaving
said line N.OOG22'2St"E. ,294.12feet; thence S.89054'42"W., 735.30 feet
to the Point of Beginning.
Containina 25.112 acr.. .-or. or les..
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DEVELOPER: A JOINT VENTURE OF
ORION INVESTMENTS, INC. CleerW8ler. FloriOa
and
MONARCH CENTERS. INC. Cleveland. OhIo
A subsidiary of Forest City Enterprises
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