SEWER AND OR WATER - GERHARD AND MARIE RUGULLIES
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85065448
^ G R E E MEN T
THIS AGREEMENT,
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made and entered into thi s -/Y day of
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, A.D., 19~, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as IICityll, and
Gerhard Rugullies and Marie Rugullies, His wife,
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:
Lots 8 thru 19 and the East 1/2 of Lots 7 and 20, Blk. 44,
Unit 1, Sec. A, Chautauqua Sub. less the following:
The E 1/2 of Lot 7, all of Lot 8, the W. 32.5 of Lots 9
and 18, all of Lot 19, East 1/2 of Lot 20, Blk. 44, Unit 1,
Sec. A, Chautauqua Sub., Sec. 32-28S-16E as recorded in
Pl. Blk. 9 Pg. 52 of pinellas County Records.
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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 i~ith
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 thi~ 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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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
Agre~ment 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) 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 Nos.
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 submitted for
. processi ng, 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
3129-83, such deed and/or pro~issory note, copies of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second ordinance
reading effectuating the annexation of the subject
property;
(d) that at such time as it becomes possible fo~ 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 of the property
owner, to initiate action to annex the property to the City;
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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
property within the City, to have site and building plans
reviewed and a~cepted by the City in advance of obtaining any
requisite permit from Pine1las 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 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
nohd thstandi ng;
(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
oV.Jners; and
(i) if the. Owner or its successors, or assigns, or any
sub s e que n t -0 w n e r, s i1 a 11 de f a u 1 tin the per for man ceo f the t e r 1>1 s
and provisions of this Agreement, and the City shall institute
legal proceedings to enforce the terms and provisions heteof, 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
tot h e C i t Y 0 f C le a r w ate r, tot h e C i t Y ~1 a nag e r, P.O. Box 4 7 4 8 ,
Clearwater, Florida, 33518.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
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~~MCri bed and 1~KS&'~ !to before me thi 5 ~(,,1!-day of
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".. ' . Notary Public- State of Florida
.-.~ My Commission Expires June 21, 1937
Countersigned:
form and
Witnesses as to Owner:
STATE OF FLORIDA
COUNTY OF PINELLAS
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CITY OF CLEARWATER, FLORIDA
By
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City
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Clerk
OWNER:
BylIR~.J 9dC~4'~
v rhard Rugullles I
tl/~1Lil ~ 1;1< U {)k(,1.1'th
V". Marie RUgu1Jlies
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tary
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...."aUNTY 0110
nl-TUTORY
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,'i1ltis ~nd~nuy:e~
RAMeo FORM "'101
(Whrrf'vltl". uwd h~rf'in .h~ le-r~' urint party" and "wcond party" .haH includr ,in~lar and plural. Min, ko..1
",prf"W~la""'f". .~d auilitnl uf Individu.al.. and the .uccruun and aailftl of corporat.onl. whrr~ver the conkxl
10 admlu or rrqulrn.)
(\1(1(/,' ,/,i' 21st duy 01 January . A. D. IQ 85
BETWEEN MARSHALL S. HARRIS and SUSAN A. HARRIS, his wife,
of lilt. COlllllv of Pinellas
in Ill(' Slall' of Florida
. pori ies of the fir.1 part, and
his wife,
. whose posl oFFice addreu b
Hwy U.S.19 North,
GERHARD H. RUGULLIES and HARIA M. RUGULLIES,
of II,., COIlIII',' of Pinellas . in Ihe Slale of Florida
Bldg.No.29,Apt.No.285,stratford Village,2220
Clearwater, Florida, 33515,
purl ies of 1/.(. 5('CO/l(1 purl.
~itnessdh, Thai Ill(' said pari ies of Ihe first part. for and in consideration of the sum 0/
ten dollars ($10.00) and other valuable consideration ------- ~~
10 them in hand paid /'y the said pari ies a/the .econd part. the receipt whereof b hereby acknowl.
edged, Ita ve gran led. bargained. and sold to the said part ies of the .econd pari. their heirs
and assigns forever. III(' following described land, siluate, and being in Ihe County 0/ Pinellas
Slale of Florida . lo-wil:
East 1/2 of Lot 7, all of Lots 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 19 and the East 1/2 of Lot 20,
Block 44, Unit No.1, Section A, CHAUTAUQUA ON THE LAKE,
according to the map or plat thereof recorded in Plat
Book 9, page 52, public records of Pinellas County,
Florida.
And Ihe said part ies of the first part do Ilereby fully warrant the IiIle to .aidland. and will de/end ,he
same against the lawful claims 0/ all persons whomsoever.
In lttitness Uhertof, The .aid par' ies 0/ ,he first par' ha ve hereunto .e' their
hand S and seal Sthe day and year first above wrillen.
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Signed. seaL.d and Jelir,('red in ,he prpspnc-e 0/:
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STATE OF FLORIDA,
COU~TY OF PINELLAS
I HEREBY CERTIFY that on thi. day, before me, an
offica dul)' authorized in the State aforesaid and in the County aforesaid to take acknowledgments. penonally appeared
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~ffiRSHALL S. HARRIS and SUSAN A. HARRIS, his wife,
in and who executed the foregoing in.trument and they acknowledgd
to DIe known to be the penonS described
bt'fore me that they executed the same.
WIT:\ESS my hand and official seal
January A. D. 19 85.
in the County and State last aforeaaid this
21st
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, VERNON R. TODD '. ,'v I', .>c, su,. C. f::ri(' ',.t L,T~
TIllS lWlnlf11ml prepared hy: Suite 612 I,,! '_-:;I""I~,~:~n E)'i)ir,-,~C:t ,e'-l. J9',:-
AddrcJJ 801 \v. Bay Drive, Largo, Fla.33540