SEWER ONLY - GEORGE AND DAPHNE JARMAN
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43 Int _ n 'j, .. d,',';VO ,'., '
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Oo("~ren~ Tax I'd. $.~;_..[]?,.~
$, ::r.~. 0..0.,....", Intangible Tax Pd.
.Kp';'1'J' ff' ~e}laker, Clerf' ))nellas County
By({ ~{,),')W..t".( Deputy Clerk
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84149118
^ G R E E M E ~ T
O:i.5B04 PACE
Jl~-day of
988
(Sewer Only)
THIS AGREEMENT, made and entered into this
, A.D., 19.&"i by and between the CITY
FLORIDA, a municiP~corporation, hereinafter
referred to as "City", and
George Jarman and Daphne Jarman
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hereinafter referred to as "Owner"j
WIT N E SSE T H :
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Lot 10, Blk. 3, Virginia Grove Terrace
2nd Add. as recorded in Pl. Bk. 37
Pg~' 73 Public Records of Pinellas
COlMd?6!1352 4G
41
43
TOTAL
11 JL84 ,
3.00
4~ot
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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 \'1ith
the City for municipal sewer and/or water services; and
WHEREAS, the City is agreeable to furnishing said services
upon certain condftfons and consfderations;
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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D. i.5804 PAGE 989
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The City shall ~ot be liable for any damage resulting from any
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unavoidable cessi~i~h 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 Paraaraph
1; ~mmed1atelY above on the part of the City, the Owner agrees:
(a) to pay the appropriate annexation fee when \h1s
Agreement is submitted for processing;
(hl to pay normal sewer and/or water connection charges
and 'monthlY sewer service and/or water charges to the City on th~
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s~mi bas~s as s~wer service and/or water users outside the
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'murl1c1p:al'boundaries are charged, as set out in the Code of
Ordinances of the City of Clearwater, Florida;
Ccl that all recreatIon land, recreation facilities and
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open space land dedication and/or fees will be due upon annex-
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ation in ,an amou'nt and manner as prescribed in Ordinance lIas.
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'312 B ~ B 3 . and' 3129 - 83 . I n par tic u 1 a r, the own e r s hall e i the r :
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(1) pay the required recreation facilities fee
'when this is the only fee required by Ordinance No.
3129-83 at the time this Agreement is subMitted for
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'processing, or
(2) place in escrow such deed transfer1ng title
to land and/or promissory note made payable to the Cfty
of Clearwater as required by Ordinance Nos. 3128-83 ann
3129-83, such deed and/or promfc;sory note, copies of
which are attached hereto as Exh1bit A (ff applicable)
to ne conveyed and/or paid prior to the second or11nance
reading effectuating the annexation of the subject
'.property;
Cd} that at such tfme as ft becomes possible for the
City to 'annex said real property. thfs Agreement will constitute
an application to ~nnex at that tf~e, and the C1ty wfl1 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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"il ~. i. 5804 PAGE 990
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(e) that it is to the mutual benefit of the Owner and
the City,. in recognition of the eventual incorporation of the
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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~ Citf and any
construction on this property shall comply with the Fire District
,r~~uirements as.set f~rth in,Chapter Three (3), Standard Building
'Code, as duly adopted by the City of Clearwater;
(f) all property proposed to be subdivided or otherwise
differe~tiated from the original parcel described in this
Agreement shall be treated as a single parcel for the purposes of
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th~ subsequent.annexation procedure, individual ownership
not\'I1 thstand1 ng;
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t,:t (g)', that the terms and provisions of this Agreement
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~~~11belb1rid1rig 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
subseq~ent 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
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costs of such proceedi ngs i ncl udi ng the payment~ofa ~reasonabl e
attorney's fee 1n connection therewith.
3. All notices to be furnished hereunder shall be fur~ished
to the'City of Clearwater, to the City r'1anager, P.O. Box 4748,
Clearwater, Florida, 33518.
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O. 1.5804 PACE 9.91
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l~ WITNESS~WHEREOFt the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
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Approve( a s to form
correc es'
Attest?
c,ty f-1anager
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OWN E R : ">:;~,~',",,.;.::~~t,'
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CQu'tlTV 'SF PIN EllAS )
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'Subscribed and sworn to before me this e28 day of
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My-Commission Expires:
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,~,~\~,~.~!!Cli;'2gjl.TI~Y THAT THIS IS A TRUE COPY OF THE
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:Al:'.~ft!' 1';; )'~~~O~is'sion Expires: 71; 1 / g-:J-
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ORIGINAL.
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f EXHIBIT A
Space Land Fees Due tn
Dedication)
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, ".' ,\ I'" PRO IH S S 0 R Y HOT t:
(Rec'reat1'on Land'; ~eereation Facll1tles and open
Addition To and/or In Lieu of Land
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$ , 200 ~ 00 ,":;,.
(Two Hundred Dollars)
Clearwater, F10ridd
Date:
71j)/C6~
10, Blk 3, virginia reove Terrace
Add. as recorded in Pl. Bk. 37
73 Public Records of Pinellas County
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One payment of $ 200.00 shall be due at the time the
property is legally able to annex, more specifically to he paid prior to
the second ordinance reading effectuating the annexation of the subject
p rope rty.
:The mbn1esherein noted are in satisfaction of the require,~ents
stipulated in Ordinance Nos. 3128-83 and 3129-03, which seek to ensure
Ma1ntenance of.an acceptable level of park lands. open space and recreation
flc1lit1es required to pro~ote the health and welfare of its citizens an~
visitors.
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:, By signing this pro~1ssory note. t. as' present owner of said real
property. knowingly wa1ve any r1ght to contest the amount due and further
ad m 1 t f u 11 ,11 a b 111 ty for the sa 1 d 0 b 1 i ~ a t 1 on ~I h i c h s hall not 0 n 1 y bin rl the
present owner of sa1d descr1bed real property, but shall he a covenant
wh1ch shall run with the land and shall bind and be enforceable against all
subsequent owners of said descr1bed real property wheth~r or not it 1s
mentioned in the deed to sa1d owners. as stated in the Agreement of which
this is a part. .
If default be ~ade in the payment' of any of the SUI'lS mentioned
herein., or in the performance of any of the agreements contained herein,
I then the entire principal sum shall hecome due and collectible without
I' not 1 c e. and s hall b ear 1 n t ere s t fro m the d ate 0 f s u c h d e f a u 1 tun t 1 1 p a i 11 a t
the h1ghest rate of interest allowable under the laws of the State of
I Flor1da. Fa1lure to exercise this option shall not constitute a waiver of
r the r1ghtto exercisl!., the ,same in the event of any subsequent ftefau1 t.
Each person herein hereby waives presentment. protest, notice of
protest. and not1ce ofd1shonor 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 he employed to
collect this note.
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Witnesses as to Owner:
By ....
Subscribed andsworll to before me this :<"''6 day of
My Commission Expires:
Aliff
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