SEWER ONLY - VICTOR AND SHARON HOSPELHORN CHANEY
A G R E E MEN T
*** OFFICIAL RECORDS ***
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IPINELLAS COUNTY FLA.
- INST t 90--021667
(Sewer Only)
THIS AGREEMENT, made and entered into this
~ '4h. day of /ioverie.r
19
g'9
by and between the CITY OF CLEARWATER, a municipal corporation,
hereinafter referred to as "City", and
Victor Chaney & Sharon Hospelhorn Chaney
hereinafter referred to as "Owner";
WIT N E SSE T H:
WHEREAS, the Owner now owns the following described real property, located
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o 0:: 0 C'> agreeabl,e to signing an Agreement with the City for municipal sewer service; and
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outside the municipal boundaries of the City of Clearwater:
Lot 15, Block 7 Virginia Grove Terrace,
4th Addition According to the Plat thereof
as recorded in Plat Book 37, Page 75, of
The Official Records of Pinellas County
and
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WHEREAS,
the Owner desires to connect to the City sewer main and is
WHEREAS, . the City is agreeable to furnishing sewer service upon certain
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1.
The City agrees to provide sewer service, subject to the terms of this
Agreement, and to permit the Owner to connect to its sewer main at the Owner's
expense.
2. The Owner agrees:
(a) to pay the appropriate annexation fee when this Agreement is
submitted for processing;
(b) to pay normal sewer connection charges and monthly sewer service
charges to the City on the same basis as sewer users outside the municipal
boundaries are charged, as set out in the Code of Ordinances of the City, until
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property is annexed;
Ilocumentary Tax Pd, $
130
$
!nL"n~;f:le Tax
Pd,
Karleen F. DeBI;;kcr, CICi\(, P;..
r~ OLi, ,ty
By
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KARLEEN F. DEBLAKER, CLERK
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*** OFFICIAL RECORDS ***
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(e) that all recreation land, recreation facilities and open space
land dedication and fees will be due upon annexation in an amount and manner as
prescribed in Sections 116.40 through 116.51, Code of Ordinances. In particular,
the owner shall either:
(1) pay the required recreation facilities fee if this is the only
fee required at the time this Agreement is submitted for processing,
or
(2) place in escrow a deed transferring title to land or a promissory
note made payable to the City of Clearwater, or both, as required, such
deed and promissory note, copies of which are attached hereto as
Exhibit A (if applicable) to be conveyed or paid prior to the second
ordinance reading effectuating the annexation of the subject property;
Cd) 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;
(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
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 and any construction
on this property shall comply with the applicable building and fire codes in
effect in the City of Clearwater;
(f) that all of the property described above shall be deemed a single
parcel subject to annexation as provided herein, and any subparcels of the
property described above which are created by subdivision or by any other means
shall be included for the purposes of the subsequent annexation procedure,
subsequent sale and individual ownership notwithstanding;
(g) 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 the heirs, successors and assigns of
the Owner; and
(h) if the Owner or the heirs, successors, and assigns of the 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 or the heirs, successors and assigns of the Owner
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*** ~FFICIAL RECORDS ***
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ShE~~ oav al_ cos~s of sUCh proceedings including the payment of ~ reasonable
attorney's fee i~ connection therewith.
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3. 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.
4. All notices to be furnished hereunder shall be furnished to the City
of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 34618
and to the owner at the post office address for the property described above,
at any other address which may be furnished by the Owner from time to time, or
at the address for the Owner according to the property tax rolls of Pinellas
County, Florida.
5. This Agreement shall be recorded in the public records of Pinellas
County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above_written.
OWNER
By
~~~C::;;h~;A~ <<~
.. Sha=~rn Chaney ()
STATE OF FLORIDA
COUNTY OF PINELLAS )
\ BEFqf\E ME \penonat,y appeared 1.r\~~ ~\I1I-.l\:':'-c . and
c::s 1\.\-))C\\N \-\~~ AA~'t-l"Y\~C\r. , to me well known arid known to be the
individuals d~scribed in and wh~ executed the foregoing instrument as President
and Secretary, respectively, of the corporation named in the foregoing
instrument, and they severally acknowledged before me that they executed the same
on behalf of and in the name of said corporation for the purpose s herein
expressed; that the seal affixed to said instrument is the corporate seal of said
corporation; and that said instrument is the free act and deed of said
corporation.
~~WITNESS my hand and official seal this
19 0 .
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==~y OF CLEAPJ{ATER, ?LORIDA
Rita Garvey
Mayor-Commissioner
By
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Ron H. Rabun
City Manager
M. A. Galbraith,
City Attorney
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Approved as to form and
correctness:
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun, M. A.
Galbraith,Jr., and Cynthia E. Goudeau, to me well known and known to be the
individuals described in and who executed the foregoing instrument as Mayor-
Commissioner, City Manager, City Attorney, and City Clerk, respectively, of the
above-named City and that the seal affixed to the foregoing instrument is the
City seal of said City and said instrument is the free act and deed of said City.
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hand and official seal this
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My Commis~ion Expires April 10, 1993
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PROMISSORY NOTE
(Recreation Landt Recreation Facilities and Open
Addition To and/or In Lieu of Land
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Space Land Fees Due In
Dedication)
Clearwatert Florida
Date: l\JovGrn~r;,:f{. ~) \q~
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
$ 200.00
(two hundred dollars)
Lot 15, Block 7 Virginia Grove Terrace,
4th Addition According to the Plat thereof
as recorded in Plat Book 37, Page 75, of
The Official Records of Pinellas County
The undersignedt its successorst or assignst or any subsequent
ownert promises to pay to the CITY OF CLEARWATER, FLORIDAt or ordert the
sum of $ 700 00 in the manner herein specifiedt the amount being
payable in lawful money of the United States of America, to the City of
Clearwater, Clearwatert 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 to be due at the time the
property is legally able to annext more specifically to be payed 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 3129-83t which seek to insure
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 notet I, as present owner of said real
propertYt 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 ownerst as stated in the Agreement also
entered into on this date.
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, protestt notice of
protestt and notice of dishonor and agrees to pay all costst including a
reasonable attorney's feet whether suit be brought or not, if after
maturity this notice or default hereundert counsel shall be employed to
collect this note.
::NER: ~
Victor Chaney
Chaney
Subscribed and sworn to before me this b\\'\- day of N~~\'<~
iVlY;~omm-; ssi-on Expi res: rida
-- ' r Rotary Public, State of Ao
~ My Commission Expires June 28, -
Bonded Thru Troy fain - 'nsura.nce lac.
19~.