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SEWER AND OR WATER - GLENN E. FINKENBINDER .-, ... '. 1 /\y;\ I-./.4. 81197784 1 --..:.. 40 Rec 41 OS 43 lot ~ -:2 () O~ Tot . '..) o t1 THIS AGREEMENT, &~~ Of.> , "" ~ "'l' .'.~ '~fl:j t~ >.1 r- ~ -.r f1;, ;Z; ~ x. r:x:OO~ :J ~Fl ... l>t . ~ w~O;< ~ua.:~ rY. < f:l ~ o ~,'"";,. C) >.t:~ .Q 0 l- '"0 '::3 -.;1' 00 ~~~~ ~.c~co <:I) ,~; . CY:l 1-;00,"" A ~ .~ 00 Z ~ .~ '""I-< ~O ~~ ~~ +>Ul+> ~ >=1P ill I-; Q1~~$ S . ~ '"" r::s < <l) ~ I-; __ j:, iilwO,"" ~.......... <l) ....~ 00 ~;!d ~ ~ .s:< 0:::: ~::r10 E-< C .,~ . . '--- . ~*- Q,R.5 286 PAGE 1100 AGREEMENT made and entered into this ~ 17 da y of , A. D., 19~, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and Glenn E . FinkenbindeT 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 00 r-< \,~ ,\";) CQ but within the City of Clearwater service area: From the East 1/4 corner of Section 1, Township 29S,Range 15 E also being the West 1/4 corner of Section 6, Township 29S, Range 16E, run thence S 0005' 04" W, along the section line, 50. 0 ft. for the Point of Beginning; thence N 89051'29" E, along the southerly right-of-way of Sunset Point Road, 194.66 ft.; thence S 0008'31" E, along the westerly right... of-way of Belcher Road, 142.82 ft. ; thence S 34049'32" W, along said westerly right-of-way line, 197.84 ft. ;thence along a curve to the left, whose chord bears S 34,015118" W, 15.35 ft. arc of 15.36 ft. and radius of 771. 20 ft. ; thence N 89"54156" W, 88.85 ft. ; thence N 0005'0411 E, parallel to and 15.0 ft. west of the section line, 317.53 ft. to the southerly right-of=way line of Sunset Point Road; thence S 89007'16" E, along said Southerly right-of-way line, 15.0 ft. to the Point of Beginning. 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. . c;::.l ["1'1 C"? ",-:,. ,-- in c , c..--.-':./: . ~ ' '1---/.' f i.._'-/ 't.. i.q -; .1. cD ,:\...' . ' ( ,t '... '~':'! i- 4, - - l: /~ ,}/' ;1~/ C> ..:;.- t..." :P"" :J,:. -, or:> - ).p --1 ~~> or -OCXo-o q{'-+I). 2"3 '- ." ~ t- I I O.R. 5286 PAGE 1101 The City shall not be liable for any damage resulting from any unavoidable ces sation of service caused 'by Act of God, necessary maintenance work, or any cause beyond the control of the City_ Z. 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, 196Z; (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 ror 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 docum.ent. (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 -Z. ...., ~ '- . , .. .. I I O.R, 5 2 86 PAGE 1102 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. (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 paytnent 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. ~gned: ti1 ,/ , ",,9,~ . 'j Jl~':j.... - //)~ ayor-Cornnus Sloner By ;;i<f Attest: . . .... J,; iJ . ~~ ~L ..r ,~~.':,~ City dierk " . .'i , . . ~ ~ Witnesses as to Owner: OWNER: BY~ (&~~ enn . Fi en In e r -3. .. ' . .. .. . '; -.., " I I a.R, 5286 PAGE 1103 STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknow- ledgements, personally appeared . -GlenilE: . Finkenbinder 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 afore- said this ~ay of . ~... ,- -, 19~. My commis~iot,l expires: Notary Pub.ic, Stale, of FloridR, at .Large hA)' r.("lrnmh..:~irln r-<i"liTt)(~ "'.fA::' ;:" 1 :Jr~2 .~ Notary Public /""." ",' ~~, , . ;"',' STA TE OF FLORIDA ) COUNTY OF PINELLAS ) :fi- r HEREB Y CERTIFY that on this 11:.. day of [)~~ 19.iJ...., 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 munic:ipalcorporation, 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 fast ab"ove wri~Ji~,"i:,,:;', . ~' " /~/>'::'~~."~: ~;< . . - ',~ , v .-:: t ~...:.. i ~" :: " " Notary PublH=::~ , ";',"... , ':>::: "': ~ -", .." '.......lr"...,II., My conunission expires: Notary Publi~; State of Rorida , My Comm:s:ion Expires July 5, 1985 ~ 0' e~: Thf~ Troy fain - Insurance, InCj .4.