SEWER ONLY - WILLIAM L. COUCHENOUR
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^ G R E E MEN T
(SEWER ONLY)
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THIS AGREEMEtH, made and entered into this c22~ay of
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729
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, A.D., 19 P5 ,
by and between the CITY
OF CLEARWATER, FLORIDA, a ~un;cipal corporation, hereinafter
referred to as "Ci ty", and
WILLIAM L. COUCHENOUR
hereinafter referred to as "O.,,,ner";
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
Clear~ater but within the City of Clearwater service area:
Lot 15, Blk. I
Carlton Terrace 1st Add.
As recorded in Pl. Bk. 43 pg. 39
of Pinellas County Records
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and
WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signing an Agreement ~ith
the City for !nunicipal sewer and/or wa'ter 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
s e r v ice s, sub j e c t tot h e t e r 1'1 s 0 f t 11 i s A J r e e men t, and t 0 IJ e r in i t
the Owner to connect to its sanitary sewer and/or ~ater main at
the Owner's expense.
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O.R. 61 0 4 r~GE 7 30
The C i t Y s r1 all not bel i a b 1 e for any dam age res u 1 tin q fro man y
unavoidable cessation of service caused by Act of God, necessary
naintenance work, or any cause beyond the control of the City.
2. In consid~~dtion of the covenants contained in ParaJraph
1; i'TI rn e d i ate 1 y a b 0 v eon t i1 e par t 0 f the C i t Y" , the 0 VI n era 9 r e e s :
(a) to pay the appropriate annexation fee when this
Agreement is submitted for processing;
(h) to pay normal sewer and/or water connection charges
and monthly sewer service and/or water charges to the City on th~
sane basis as sewer service and/or water users outside 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 fil 0 U n tan d man n era s pre s C r' i bed i nOr d i 11 an': 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 !'l e t his A 9 r e e !11 e n tis sub m i t t e d for
processinq, or
(2) pl ace in escrow such deed transferi ng ti tl e
tq land and/or promissory note nade payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3 1 29 - 8 3, s lJ C h de e d and / 0 r p r ;) ,'1 i S so r y not e, cop i e s 0 f
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second or1inance
rea din g e f f e c t iJ a tin 9 the ann e x a t ion 0 f t 11 e sub j e c t
f)roperty;
(1) that at such time as it becomes possible for the
City to annex said real property, this Agreement will constitute
an application to ilnnex. at that ti''1e, and tIle City will have the
right, upon sixty (60) days' written notice of the property
Ol'liler,to initiate actiol'l to annex the property to the City;
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(2) that it is to tile Mutual benefit of the i)wner 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
s h all pre c e d e t 11 e e x e cut ion 0 f t his A g r e em e n t b j t h ': C i t Y d n d any
con s t r u c t ion 0 n t i1 i S !H 0 per ty s h all corn ply ,J i t h the Fir e 0 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 \'1 i t h s tan din 9 ;
(g) that the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the City
shall record this document;
(h) that the terms and provisions of this Agreeme~t
s h all be a co mm i tm en tan d 0 b 1 i gat ion w hi C tl s h all not 0 n 1 y bin d
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 Deed to said
o\Vners; and
(i) if tr1e Owner or its successors, or assigns, or any
subsequent o\vner, shall default in the performance of the teri:ls
and provisions of tr1is Agreement, and the City shall i:1stitute
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 11 pro c e e din 9 sin c 1 u din g the pay men t 0 far e a son a b 1 e
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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I H HIT 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
Agreemeni to be executed the day and year first above written.
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Approved as to form
correctness:
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Ci ty Attorne
Witnesses as to Owner:
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STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER, FLORIDA
By
Attest:
OWNER:
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By I j~JL-~
v WILLIAM L. COUCHENOUR
s utnc r. i b.e d and s ,oJ o. r n t 0 b e for e In e t his
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My Commission Expires:
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I PROMISSORY NOTE I
( R e c r e~a t i' 0'" Lan d, R e c r e a~ ion F a c i 1 i tie san d Up enS p c e Lan d Fee s
Addition To and/or In Lieu of Land Dedication)
EXHIBIT A
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Due In
733
$ ~@O.OO (Two-hundred dollars)
Clearwater, Florida
Date:
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This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 15, Blk. I
Carlton Terrace 1st Add.
As recorded in Pl. Bk. 43 Pg. 39
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 $ 20~.0~ . in the manner herein specified, the amount being
payable in aw ul 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, 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:
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By
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.. -,"lEVy..) ..--1./, '-r;;f/t"z.- at{~.
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Subscribed and sworn to before me this
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My Commission Expires:
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