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SEWER AND OR WATER - HAROLD KENNEY t ~. y ~~ O.R.6 3 76PAGE f\\P! e 10-"2.3 - 2.8,<.. C \)\-':, (,. 1\43T\ /B~~ ~;;~ ~ AGREE:E~:90218 ;;/5/ iy1 /_ / THIS AGREEMENT, made and entered into this. ---- day of I tL00~ A.D., 19~, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "city", and I 4C'. .,; (CDBG) 'T:.;t~:L Harold Kenney hereinafter referred to as "owner"; 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: i " C' ,-;, S:9 "u/,..') Lot 16, B1k.'B, Pine Ridge Sub., according to the map or plat thereof as recorded in Plat Book 28, Page 98, public records of Pinellas County, Florida (;,.- N ~~ l,-\j <: ~ ~ ,~ LD t.:... ;'_'.~ ',. (~ and -1Il'>"-.' ~~ c_, ~REAS, 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 upon certain conditions and considerations; NOW, THEREFORE, the parties hereto hereby covenant 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. The City shall not be liable for any damage resulting from any unavoidable cessation of service caused by an 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 normal sewer and/or water connection charges and i:1mthly sewer service and/or wat~r charges to the city on the same basis as S2wer 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; (b) that four years from the date hereof or at such time thereafter as it becomes possible for the city to annex said real property, this Agreement will constitute an application to annex at that time, and the City will ha~e the right, upon sixty (60) days' written notice to the property owner, to initiate' action to annex the property to the city. Appl~cable fees for annexation request shall be waived. (c) 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 ~~l, B11t "/ 10 Fvri,.tVl11>!-..-' I,;)., j I \ b to - 1 ..: 753 l'- ""!' co ~ l!';) .. ~ O COM ~..,.. E-t p:; ~- . ~~~j, U O'~ ~ .- ~ .~ E-l0- ~u~~ IX< < ~ ~ U I>.. eF ,..Q r- "l:l -d';:? ell ~ t- ~, C-d' g. ,;;, ~ cC ~ .r-: :5..~ to ~, '''; '"'....- ~ M ~ d .--, ~,.E~~~ ....C;;~.e:R ~0>,~.; S --' ,<;:; ;::; ~ :="" U ~ ~ ~. -. ~ ~ ~ U ~ .S '- ~ 0_ ;.-.U .... U '" :.a E-l ~ -CJJ;)-oq(g') , ~-'T' ~ " I I O.t 6 3 " 6 P1GE 7 5 7 advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall precede the execution of this Agreement by the City. (d) 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 purpose of the subsequent annexation procedure, individual ownership notwithstanding. (e) the terms and provisions of this Agreement shall be binding upon its successors and assigns, and the City shall record this document. (f) 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 all subsequent owners of said described real property whether or not it is mentioned in the deed to the owners. (g) 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 commection therewith. 3. All notices City of Clearwater, Florida, 33518. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. to be furnished hereunder shall be furnished to the to the City Manager, P.O. Box 4748, Clearwater, CITY OF CLEARWATER countfrs' // c~~~ By City Ma ager ;~<e,,~i ~\... . bh' 't, ,.. ..'> f1"4 t . *'itr "'" '" ,;Ii f~-/ ' . "~_-'. Attest: , .>~f4fjr~..~~<;~,{ ,. it!~;~'<..,,:- tf/I{\;Y- " ;'>t f: :.~f~'" .. .~ ~~~'r~,,:&~~,;,;~'~~i'\f5j; q,;~~, ',' ",'.<.;,:0 :il, .;/ '. "'- ,,;~.'" - ' ,;!<P-/~ ' ... .. ... .. ... .. .. .':~~.~: ." OWNER: . . BY~ M Approved as to form and correctness: to Owner: - 2 - ..~,~~. e I O,R, 6 3" 6P1GE 7 5 is STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer authorized in the State aforesaid and in the County aforesaid to take nowledgements, personaLLy appeared '\--\F\(Lo...... D k..2,,-uN€'-/ to me known to be the persons described in who executed the foregoing Agreement and acknowledged before me that executed the same. duly ack- and they WITNESS my ~and and official seal in the County and State last aforesaid this 3(Lo day of ~J~ , 198~. , . M~"i ission Expires: , If' ..., Pubic, State of Rorida ,. r,-.:....., Expires Jao, 17, 1988 f:t..,_~ J.l!i14 Jroy foin, In'UiOneo, ""__ Cll-C Notary Publ',ic -=- - ..~ ---- , .. ... WITNESS my signature and official seal at Clearwater in the County of pinellas and State of Florida, the day and year last above written. My Commission Expires: .'-- , " '~r "1 [:I',., i: Notary PUQ~~\, .;;'a;,~~J G ~ '~,JH'",:~: My Commission Expin"s My i.L LidS L,._ ~onded Thru Troy Fain - Imuranca, Inc! - .t(~tf", .J ~. ".,', / ./. . ",,-jN/~"l -' ",'~ -... . '" 'io ~ .;'~ II .. ..." . -3-