SEWER AND OR WATER - G. PATRICK ILEY
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THIS AGREEMENT,
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A G R E E MEN T
O. i. 5648 PAGE 315
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made and entered into this
, A.D., 19 ~~, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
G. Patrick Iley
>.. hereinafter referred to as "Owner";
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"'''ot- WITNESSETH:
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~;.)rS~ WHEREAS, the Owner now owns the following described real
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ti ~-'j ..~ ~.. Cl earwater but wi thi n the Ci ty of Cl earwater service area:
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h~o Lot 12, and the Northeasterly 15 feet of Lot 11, said
portion of Lot 11 being a strip ~f land 15 feet wide
said Lots 11 and 12, all in Block 2, ACKER'S
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measured at right angles to the division line between
SUBDIVISION, according to the map or plat thereof as
and
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recorded in Plat Book 30, Page 91, Public Records
Pinellas County, Florida.
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WHEREAS, the Owner desires to connect to the City
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 convenant 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.
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I O.K. 5648 PAtE J16
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.
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) in recognition of the eventual use of the property
as right-of-way for S.R. 580 and McMullen-Booth Road, to restrict
its use to that category of use proposed to be established or any
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use permitted under the existing zoning and Land Use Plan
categories which would not require more parking spaces than that
number of spaces determined to be required for the proposed
restaurant use, to limit all remodeling to the existing size with
the addition of a foyer not to exceed 150 square feet so as not
to further encroach upon proposed right-of-way.
(d) that at such time as the property is acquired by
the appropriate public entity for right-of-way purposes, this
Agreement will constitute an application to annex and the City
will have the right, upon sixty (60) days' written notice to the
appropriate public entity, to initiate action to annex the
property to the City;
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0, K. 5648 PAGE 317
(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
remodeling on this property shall comply with the Fire District
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 be treated as a single parcel for the purposes of
the subsequent annexation procedure, individual ownership
notwithstanding;
(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 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 all subsequent owners of said described real
property whether or not it is mentioned in the Deed to said
owners; and
(i) 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 payment 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.
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,v. 1.5648 PACE 318
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Countersigned:
/
Approved as to form
correctness:
cnrA'J,UJf J 0~~Vr--
CITY OF CLEARWATER, FLORIDA
By
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Attest:
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By
OWNER:
Before me personally appeared
G. Patrick Iley known to me to be the
person described herein and who executed
th@ for~going in~trum~nt ~nd acknowledged
to and before me that he executed said
b f instrumentofoL the~urposes herein expres-
e ore me ~nlS~ aay or . . d
_ se .
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Su~cribed and sworn to
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My Commission Expires:
\~OTARY PUBLIC STATE OF fLORIDA AT LARGE
MY COMMISSION EXPIR5 NOV 25 1985,
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