SANITARY SEWER INSTALL (5)
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INST :11= 88-274288
RUG 26, 1898 335PM I
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AGREEMENT
(Sewer Only)
THIS AGREEMENT, made on lflA.r.:J ~- ,1998, between the CITY OF
CLEARWATER, a municipal corporatio , ("City"), and GEORGE C. CLARK
INVESTMENT, LTD., a Florida limited partnership,("Owner");
PINELLRS COUNT~GFL~21
OFF ,REC,BK 10216
WI I N E SSE I H:
WHEREAS, the Owner now owns the real property described herein on Exhibit
"A", located outside the municipal boundaries of the City (the "Property"):
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The Property is also known as the Tropical Breeze Mobile
Home Park;
and
.--', WHEREAS, the Owner desires to connect the Property to the City sanitary
.' ..-:,s.ewer services ; and
, ".,.,., WHEREAS, the City desires to provide sanitary sewer services to the Property:
;A~:' .:=Y NOW, THEREFORE, in consideration of the mutual promises contained herein,
u...._Jhe parties agree as follows:
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The City agrees to provide sanitary sewer service to the Property, subject
to the terms of this Agreement, and to permit the Owner to connect to its sewer main(s)
at the Owner's expense.
2. The City agrees not impose sanitary sewer impact fees (connection
charges) in excess of $14,400.00.
3. The parties agree:
a. that the Owner shall pay to the City $14,400.00 in sanitary sewer
impact fees (connection charges) upon execution of this Agreement.;
b. that upon commencement of the receipt by the City of sewage from
the Property, mobile home residents located on the Property shall pay normal monthly
sewer service charges to the City on the same basis as sewer users outside the
municipal boundaries are charged, as set out in the Code of Ordinances of the City,
until the property is annexed;
c. that recreation land, recreation facilities and open space land
dedication and fees required to be paid by the Code of Ordinances, which shall not
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PINELLRS IOUNTY FLR,
OFF,REC,8K 10216 PG 222
exceed $67,816.00, will be due upon annexation in the manner prescribed in Sections
116.40 through 116.51, Code of Ordinances,
d. that at such time as it becomes possible for the City to annex the
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 Owner, to initiate
action to annex the Property into the City;
e. that upon annexation, that portion of the Property which has a
residential land use designation and zoning shall be land use designated Residential
Medium and zoned RM 16 and that portion of the Property which has a commercial
land use designation and zoning shall be land use designated Residential/Office/Retair
and zoned CH, Commercial Highway.
f, 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 construction on the Property shall comply with the
applicable building and fire codes in effect in the City;
g.. that the Property shall be deemed a single parcel subject to
annexation as provided herein, and any subparcels of the Property which are created
by subdivision or by any other means shall be included for the purposes of the
subsequent annexation procedure, subsequent sale and individual ownership
notwithstand ing;
h. that the terms -of this Agreement shall be a covenant which shall
run with the land and shall bind and be enforceable against the Owner, its successors
and assigns; and
i. if either party defaults under this Agreement, and the other party
institutes legal proceedings to enforce its terms, the prevailing party shall pay all costs
of such proceedings including the payment of a reasonable attorney's fee (including
paralegal fees and fees on appeal) in connection therewith.
5. 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.
6. All notices to be furnished hereunder shall be furnished to the City of
Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and
to the Owner at the post office address for the property described above, at any other
address which may be furnished by the Owner from time to time, or at the address for
the Owner according to the property tax rolls of Pinellas County, Florida.
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PINELLRJ COUNTY FLR,
OFF,REC,BK 10216 PG 223
7.
Florida.
This Agreement shall be recorded in the public records of Pinellas County,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
WITNESS AS TO OWNER:
OWNER:
GEORGE C. CLARK INVESTMENT,
L TO., a Florida limited partnership
By: C;~ &/b,~v.L
Print Name: t;e.t1rJe C. f.j Q..r k
(}:,1U1 :u--tJ-I Pa. rt'n e.r-
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Int ame: JltYN'E. ~. 5c/t1LS
Jh:;mT 1~* t ~~cfc,"
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this ~o;;ay of fl:1l\.5~
1998, by George C. Clark, as general partner of George C. Clark Investment, Ltd., [who
is personal!y known to m~[ who produced as
identification]. () ~
WITNESS my hand and official seal this ~ day of
i1=t-sf
,1998.
~ T- (2. a.h
Notary Public tJ-" I / /
Notary Name (print/type) D q i'1 . (\ -(:a.Ci{ t/r
My Commission Expires: -+I ;L Q. 120 0 I
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:-.fI'*~ Ann T, Reader
~~:. J:i MY COMMISSION II CC643
~::i',..,.';'~l April 29 200! 380 <<ltfJIHF.~
"P.f"r.;,,' BONDED THRU TIIOV', ~'N I
r", NSURAII(;j, i~,
CITY OF CLEARWATER, FLORIDA
By:L
Attest:
Michael J, Roberto
City Manager
Cynthia E. Goudeau
City Clerk
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PINELLRS COUNTY FLR,
OFF,REC,BK 10216 PG 224
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~h foregoing instrument was acknowledged before me this at!day of
, 1998, by Michael J. Roberto, as City Manager of the City of Clearwater.
He i personally known to me.
WITNESS my hand and official seal this Aiday of ~ 1998.
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Notary Public '"").... 1/ J J. / 1 /!~.N ..~;; MVCOMMISSlON#CC538008EXPIRES
Notary Name (print/type) - O€!..AJ I S ~ . WI 180,J ~'.:~ June 18. 2O:URANCE INC
/ l / .... iif." BONDED lllRU TROY FAIN I "
My Commission Expires: t/!p;o/~ ....
Approved as to form
06/26/98 11 :00 AM
0160086,03
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PIIELLRS COUNTY FLR
OFF,REC,BK 10216 PG 225
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EXHIBIT "A"
(larce I [:
lot Ten (10) 01 Ar:Kfllllm SlJODIVISION, i'lccordirlg 1.0 mi'lp or plat
1I1l.~r,eof as n~r;lIrd(:d in Plat [)ook ~~, Pil'Jr~ I;;, I'lIld iI.: Hc:cords of
Pinellas Counly, Florida.
Purcel I I:
lite North 500.0 feel. of l.ot 11, BLACI<DlJHN SUIJDIVIS[(lN, as
rt~l:orded in Pial Book 2-1, Page 62, Publir: Hf~r:nrdB lIf Pinellas
r:lllHlly, Fiorillo, l.r~i~; jJ lract on I.Im Wr:fll. sidc~ dl:m:ribecJ;w
fullows: From lhe Norlhl-Iest corner uF ~;;)id Lut [I for a Poinl. Ill'
Ueginning, run parallel to the cenler line of County Hoad 194,
~;outh 09 deg. 46'13M East 220.47 feet; thenl;e SOlJth I deg.
02'3SM West 508 feet; thence North 09 deg. 46'13" West 229.92
feet, thence along the West side of said Lot I I, North t deg.
12'2S" East 508.0 feel to the Point of Beginning, and Less and
Except the Easterly 60 feet of Lot II reserved for road
right-oF-way for Lawson Road, recorded in D.R. Book 535, Page
612.
Parcel I I I:
The South 270 feet 01' the North 778 feel of Lot I I, BLACKBURN'S
SUSDIVISION, according to the map or plat thereoF as recorded in
Plat 800k 24, Parle 6'2.01' the Public Hccords of Pinellas Counl.y,
I lorida, U::s~; I.hr~ E.,::>t 1,0 fep.t thp.r~or ror rOi'1l1 ri,,jhl...,of-wily for
I ,lwson Road, rr-:cordf:d ill O.R. [)ook ~1::I~l, Piltj(~ 61?, ;Hld also L[~iS
I.lte West 225 feel thereof for Floridrl Power LilleB.
Parcel IV:
~;ullth 230 reel of l.he North 1016 feel. of Lol II, IJIACKBUHN'S
~ilJllDIVIS[[)N, ill:l:nrrJin!J I.l), the mr1p or plill. thr,:rr:lll' iW recorded In
fllr1t Dook 2~, PilUC (,2, or the Pub I ie Hl'~r;ords of Pillr:llils Counl.y,
/'lorida. LESS till: [r1Bl 60 feet for riqht-of-wilY of Lill-lSI)Jl HlJ~r1,
ilS recorded in lJ./C [Jook 535, Page {JI'2.
Less and except from Parcels II, 1[1, and IV that rart deeded 1.0
Florida Power Corporaljon~,~rn.pre particularly described as
fal lows: Seginning at a point on the West bOlJnrJr1ry of Lot II.
IJLACK8URN'S SUUlJIVISION, run North n dr:4. 5~'2::1" J:ilsl 260.25
feet from the !)OlJl.hl-IP.!,1. corner of Bilirl Lilt II, t:I11~nr;e North 0
r1eg. 54'23" Erlsl 1015.46 feet, tlae/l~e North U<J dC9. :16'19M Eilsl.
?213.47 feet, I.henr:r~ ~)l)l1th 0 dey. ~)t!'tOM WeBt 1015.-16 feet,
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EXHIBIT "An
CONTINUED
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PINELLRS COUNTY FLR
OFFREC,8K 10216 PG 226
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t.hence South 09 deg. 56']9. Wesl '2'2el.12 feel. to the Poinl of
Ilegl nnl ng.
PARCEL v:
t'\ portion or VilCilt.Cc.l Counly Road No. 19-1, V,lCill.ioll recorded ill
ll./L (Jook -1r)O/" f'Jilue '}C):~, lying in ~;er;tioll I), lown~;hlp 29
South, Range 16 E~st, Pinellas Counly, Florida described as
rl) I lows: Commenc i nu il t t he Nor t heas t cor Ile~r 0 I' ~ip"nt,i1m 6',
Iuwllship 29 SOlllh, r~allYc 16 East, Pinellils COlll1ly-,'f:lorida;
lhence North 09 cJeu. -16'13" West, a dist.ilnr.e of 100.00 feet to il
point on the West. ri~hl of w~y I ine or U.s. Ili~hw,1Y 19, also
IJeing the Polnl or lJeuinning; thence Suul.h 01 lIeg. 02'30" West,
rllrmg silid Wesl. rl!,~III, oJ l-U1y line of lJ.~i. IIi!/III-lilY Ie), i1 dlsl.alH:e
lJr 33.00 feet; I:hellce North 0') deu. -16'1:1" WI::;t, illollg the North
line 0 f Ul.AC/<lJlJHN' S SIIl,/D I V I S I ON, ~s rc~corcferJ ill Pial. !Jook 2il,
/l,J'Jr.~62, Pull I ie: HI~Cl)rrb or pinellas l;oIJnly, r-lnrid;.l, i1 distance
or 1003.39 feel; l/Iellce North 01 dcg. 02"30" [asl., iJ distance (If
:l:J.00 feeti I:Ilf~llr;e Snulh B9 cleg.' -10'1:1" Eil:ll:, e1 diBtilllce of
1 rJO:1 .::19 r ce t. I. Cl t. hr: I'll i II L 0 f lJC!) i 1111 ill!!.
I. r.ss and excepl; I.hal rmrllon thereof GOllvc:yed Inn.H. !look il92t,
PAve 619 and descriued as follows:
l:ommence at the Northeast corner of Sect iOIl 6, TOl-lIH,hip 29
South, Range 16 East, Pinellas County, Florida; thence North 89
dr~y. 46'13. West, a distance of 100.00 feet to a poillt on the
~}p.st right-oF-way) ine of U.S. Highway 19, also lleing lhe Point
IJr Oeginnlng; thence Soulh 01 deg. 02'30" West, illony said WeGt
right-oF-way line of U.S. Highway 19, a distance of 10.00 feet;
lhence North 09 d(~u. 40'13. WeBt, A distallce of ~)/,O.OO feet;
III~nr.e North 01 flt:y. 02'30" East, a dislance of 5.50 feel;
thence North 09 de!). 46'13. West, a distance of -143.3'} feet;
1,IIence North 01 deg. 02'30" East, a distance of 12.50 feet;
!.Ilence South n9 deg. il6'13" Eilst, a diBl;ilnr.e of 100:3.39 feet to
1,IIe Polnl of lJegiIHlill~/.
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