WATER ONLY - VENTURA PROPERTIES INC.
81141809
O.R. 5243 PAGE 79
AGREEMENT
(Water only)
THIS AGREEMENT, made and entered into this 21st day of
August, A. D., 1981, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
Ventura Properties, Inc., a Florida corporation
hereinafter referred to as "Owner";
WITNESSETH
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:
North 102 feet of Lots 1 and 2, Block A, BROOKLA WN
SUBDIVISION, according to the plat thereof as recorded
in Plat Book 13, Page 59, Public Records of Pinellas
County, Florida.
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:
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.
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O.R. 5 2 4 3 PAGE 8 0
, Th~ ~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.
20 In consideration of the covenants contained in Paragraph 1, im-
mediately above, on the part of the City, 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 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 pay-
able upon receipt of this Agreement for processing.
(c) The Owner agrees that it is to the mutual benefit of the Owner
and the City, in recognition of the eventual incorporation of the property with.
in 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.
(d) All property proposed to be subdivided or otherwise differenti-
ated 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.
(e) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the City
shall record this document.
(f) 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
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O.R. 5 2 43 PAGE 8 1
whtGh 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.
(g) 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.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
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City Clerk; (\t ;~ ~. ",'
Attest:
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- ecre ry
(C orporate seal)
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a.R. 52 43 PAGE 8 2
..5TA TE OF FLORIDA )
COUNTY OF PlNELLAS )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid an
ty aforesaid to take acknow-
ledgements, personally appeared resident, and
. respective y f Ve tura roperties, Inc.,
'f-;1f..~4~' SeciEitary'1, to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and State last ~fore...
said this L:L. day of
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My commissiot,l expires:
NOTARY ~UBUC SlATE Of flORIDA AT LAG
M" CO.....!I, C I')t>l f't'Pl"'~~ ~Pl '1 1982
IONDLD THRU GeNtRAl INS. UNDERW1ITERS
STATE OF FLORIDA )
COUNTY OF PlNELLAS )
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I HEREBY CERTIFY that on this a.. day of
,
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19 81
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before me personally appeared 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 who 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 written.
My commission expires:
. Notary Public. State of Roridll
My Commiuion ExpirE" In1r i 19&5
Bonded Thru Troy f.;n.. ,__ '
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N-61019552
This Warranl" Deed M"d/. III/!
LUISJ. LEO~ and BARBARA E.
lu,,.'iIlCl/lI.r ca/l,..d .1/1l! !lrulllor. 10
VENtURA PROPERTIES, INC.,
/1;:orI'OI'-lI.J.;/l1I ('.\islill!/ ""d,'r Ill(! [nws of tile State of F lor i d a
ailc1r/'ssal 121 Phillips Way, Palm Harbor, FL
'.('r('ill(//I/'r called Ille fJ'wi/ee:
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20th <ltlY of
LEON, his wife,
Ap r i 1 ,
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D.R. 5243 PAGE 83
,
, willi its ,wrmUlWII t postoffice
33563
(\\ 111''''\1'' U\.'" Ilt'rrin Ih.. terms. ul(r.nlort. aDd "JiC,anteeU indude .11 lhr Imnil:"I lH, rhi. jnJtl'\J,m~nl. anfl
aI". h.."" 1....1 ",,,rWIII...0\ e. ~nd a","", o' individuah. and the .u<c,...." ~nd a'''~II'~' f~?'.~f\7 70 nl'I.:I. ~~?ALB I
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lttitnesseth: on a I I he grantor, for and in cons ideralion of the s urn of $ 1 0 . 00.,.. - trl- and oth178., " fJS
/la[uu/)lc. cOflsidt'ratiolls, rt.Ct!iptuJhereof is hereby acknowledged. hereby aranls. bargains. sells. aliens. rft2. CK
mist's.r/,[t'(/SI!S, cont/t.ys wlt/con.firms unto the grantee. all that certain land situate in Pin e 11 as
County, Florida. viz:
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North 102 feet of Lots 1 and 2, Block A, BROOKLAWN
SUBDIVISION, according to the Plat thereof as.recorded
in Plat Book 13, Page ~9, Public Records of Plnellas
County, Florida.
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:!= fB;': M;r~i.t f t.\.;", ..J r' -" f () ga,
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Togettltf wi/II ull t/ut '.IIements. h.l'C/ditam.nt~ and appurtenance5 ther% belonging or in any-
w/s(J appt'rlai'lin(J.
J &) ltaUt ami to JIold, the iame in lee 5imple lorever.
lAd the grantor hereby covenants wt~h said grantee that the grantor i5lawfully 5eized 0/ said land
I,. (t't' simplt'; II.a' the wanlor 'IRS good right and lawful authority /0 .ell and convoy SQid i..md; Ihat the
ar(m/or lw"AJ'j! fully warrants the title to satd land and. will delend the same against the lawful claims of
aU pcrsrJllS wllOmso('ver; and that said land is /ree of all encumbrances. except taxes accruing suhsequent
10 f)cccf1il)(!r31. 19 80, easements, reservations and restrictiQns ot reqorc.
III UJilntss IfIhtrtof, the saicl gran'or has hel'C/unto set t'h ~ Nbnd 9lnd seal rJ.e day and )'t3ar
/irs/rlb/we writ/t'n. /7. . I%;'
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CO\.::\TY OF PIN E L LAS ,,'.~
I, HEllEBY Cf;RTIFYthat on this day, before ~e, a~
officer duly.authorized ilt the State afor~said and in the County aforesaid to take ;lcknowledgments. personally appeared
LUIS J. LEON and BARBARA E, LEON, his wife,
IW{Of('
known to be the person S dcscribt'd in and who necutcd the foregoing inurumcnt and they acknowledgcd
1IlC' lh~t they ('xrlut"d the same.
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NOTARY PUBLIC '
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TlJiJ ImlfUlI/t'IIl p"pnrrd by:
AddT(iS
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E. Bechtol
First American Title
1395 Main Street
Dunedin, FL 33528
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