SEWER ONLY - WILLIAM E. CARSON
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AGREEMENT
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(Sewer Only)
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THIS AGREEMENT, made and entered into this ~ day of
~I by and between the' CITY OF CLEARWATER" a municipal
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corporation,
hereinafter referred to as "City", and
William E. Carson, A single man
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:
Lot 14, Block A, of Carlton Terrace Subvision according to the Plat
there of as recorded in Plat Book 41, Page 16 of the Official records
of Pinellas County, Florida.
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c_,,~EREAS, the Owner desires to connect to the City sewer main and is
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agreeable to signing an Agreement with the City for municipal sewer service; and
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WHEREAS, the City is agreeable to furnishing sewer service upon certain
considerations; .
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
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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 Ovmer's
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expense.
2. The Owner agrees:
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~ j:::: q~ cr.:L:harges to the City on the same basis as sewer users outside the municipal
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t; ~~boundaries are charged, as set out in the Code of Ordinances of the City, until
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~he property is annexed;
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OCT 16 19ft
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OR 7 I 0 6 PG 2 310
(c) 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 tris is the only
fee require~ 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;
(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
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 ~~er 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 p~oceedings to enforce the terms and
provisions hereof. ~he Ov."Tle:- C~- ~he !lei:-s. successors and 2.ssi~ns
t.he O"lmer
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shall pay all costs of such proceedings including the payment of a reasonable
attorney's fee in connection therewith.
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 contro~ 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 Pinel1as
County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Witness as to Owner:
By
C,nilJ.<6 f fur
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Lt,.); II I{i f11
me known to be the person( s) described in and
instrument, and acknowledged that ~
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who executed the foregoing
executed the same.
, to
WITN~~ my hand and official seal this
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EXHIBIT A
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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)
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 14, Block A, of Carlton Terrace Subdivision according to the Plat
there of as recorded in Plat Book 41, Page 16 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 add~ess is P.O. Box 4748,
Clearwater, Florida 34618) 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 -~, ~ ~L ~- ---~~---~ ~- +h~ ~~O~ +n ~~irl nwnprs, as
stated in the Agr
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collectible wi the r/1I
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under the laws oj 0
option shall not
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If defa
mentioned herein)
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JAN 22 1990
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am E. Carson
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RECEIVEr
JAN 22 19C
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OR7106PG2312
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)
Clearwater, Florida
This Promissory Note to
Annex for the following described
Date: (~}t~1'~-'11 ~' &.. r
be made an addendum to the Agreement to
parcel:
Lot 14, Block A, of Carlton Terrace Subdivision according to the Plat
there of as recorded in Plat Book 41, Page 16 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 34618) 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
bea covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners of said described real
property whether or nut 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.
OWNER:
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By C /./,{(Ci:~t'.( (/
William E. Carson
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OR 7 1 0 6 PG 2 3 73
CITY OF CLEARWATER, FLORIDA
By
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Ron H. Rabun
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and
correctness:
Attest:
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M. A. Galbraith,
City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun, M. A.
Galbrai th, 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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and official seal this
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..... Rotay Public. State of Rorida
My Commission Expires April 20, 1993
Bonded Thru Troy Fain - Insurance Inc.