SEWER ONLY - WILLARD STANLEY PREWITT AND DONNA M. PREWITT
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TH~S AGREEMENT,
(SEWER ONLY)
A G R E E M E NJ!
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O.R.6 4 04 PAGE 70
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made and entered into this c3J day of
, A.D., 19~ by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
Willard Stanley Prewitt and Donna M. Prewitt
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:
Lot 4 less easterly 32 ft. thereof, Block 1, of Virginia
Groves Terrace Subdivision according to the plat thereof
as recorded in Plat Book 37, Page 29, of the Official
Records of Pinellas County, Florida
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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.
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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2. In consideration of the covenants contained in Paragraph
1; immediately above on the part of the City, the Owner agrees:
(a) to pay the appropriate annexation fee when this
Agreement is submitted for processing;
(b) 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;
(c) that all recreation land, recreation facilities and
open space land dedication and/or fees will be due upon annex-
ation in an amount and manner as prescribed in Ordinance Nos.
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.
3128-83 at the time this Agreement is submitted for
processing, or
(2) place in escrow such deed transferring title
to land and/or promissory note made payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3129-83, such deed and/or promissory note, copies of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second ordinance
reading effectuating the annexation of the subject
property;
(d) 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 of the property owner,
to initiate action to annex the property to the City;
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o.R.6 q 0 4 PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
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Witnesses as to Owner:
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, STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Subscribed and sworn to before me this ~ day of
tJ 0\1 Q. ~h-e. {l..
19.1!:L.
My Commission Expires:
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Countersigned:
, )
CITY OF CLEARWATER, FLORIDA
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M~yor-Commissioner .
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BY~
Approved as to form and
correctness:
Attest:
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200.00 (Two-hundred dollars)
Date:
Clearwater, Florida
/~/51 /~0
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 4 less easterly 32 ft. thereof, Block 1, of Virginia
Groves Terrace Subdivision according to the plat thereof
as recorded in Plat Book 37, Page 29, of the Official
Records of Pinellas County, Florida.
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, 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,
-i-fafter-maturi. tythisnotice cor defaulthereunder,_co.unsel shall be-_
employed to collect this note.
OWNER:
By
t Willard Stanley~witt
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v Donna M. Prewitt