SEWER ONLY - GERALD M. EASTBURN
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O. i.5685 PAGE 60i
(SEWER ONLY) ~
~T_~~ S AGREEMENT. made and entered into th is I ~d oy of
~_~ - ~. , A.D., 19r'f, by and between the CITY
OF LEARWAT~R, FLORIDA, a municipal corporation, hereinafter
^ G R E E M ~E N T
referred to as IICityll, and
Gerald M. Eastburn
hereinafter referred to as 1I0wnerll;
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 23, less N. 7.5 ft.
Blk. 6
Virginia Grove Terrace 4th Add.
As Recorded in Plat Book 37, Page
75, Records of Pinellas County
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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 with
the City for municipal sewer and/or water services; and
WHEREAS, the City is agreeable to furnishing said services
;;;:;
C 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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0, j.5685 PAGE 602
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 th~
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 ~os.
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 sub~itted for
processing, or
(2) place in escrow such deed transfering title
to land and/or promissory note made payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
3 1 2 9 - 8 3, s u c h de e d and / 0 r pro.'! i S s 0 r'Y not e, cop i e s 0 f
which are attached hereto as ~xhibit A (if applicable)
to be conveyed and/or paid prior to the second or1inance
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 ti~e, 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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:0. i.5685 fACE 603
I
(e) that it is to the mutual benefit of the Qwner 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 th~ City and any
construction 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
not \~ i t h s tan din 9 ;
(9) that the terms and provisions of this Agreement
shall be bindin9 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 wllich 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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,0. i. 5685 PAGE 604
..
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Counter?igned:
Approved as to form
correctness:
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OWNER:
Witnesses as to Owner:
~~
GeraldM. Eastburn
J- ~, ~~_~~L')
l&~ ,~~
STATE OF FLORIDA
COUNTY OF PINELLAS
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SURscribed and sworn to before me thi s I( day of
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My Commission Expires:
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