WATER ONLY - J. W. AND DAVID A. HEABERLIN
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46 Pas ^ G R E E MEN T
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Water Only) ~
THIS AGREEMENT, made and entered into this 3 day of
~ ' A.D., 191t', by and between the CITY
OF CLEARW~FLORIDA, a municipal corporation, hereinafter
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referred to as II Ci tyll, and
J. W. Heaberlin and David A. Heaberlin
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
Clearnater but within the City of Clearwater service area:
The East 60.8 feet of
Lot 2, Blk D., Kapok Terrace as recorded
in Pl. Bk. 36, Pgs. 14 and 15 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 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 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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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 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
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
3129-83, such deed and/or promissory note, copies of
which are attached hereto as Exhibit A (if ap~licable)
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 for 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 ~ecognition 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 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 \'1 i t h s tan din g ;
(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
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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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
Approved as to form
correctness:
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By
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Attest:
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City C er
OWNER:
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David A. Heaberlin
Witnesses as to Owner:
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STATE OF rt8RIQA
eOUNTY or PINELLAS-)
My Commission Expires:
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Notary ,
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Subscribed and sworn to before me this
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This notary only pertain to
Jay W. Heaberlin signature
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STATE OF FLORIDA
COUNTY OF PINELLAS
Subscribed and sworn to before me by David A. Heaberlin
this ' 'q~ day of 'NlA'1 1985
My Commission Expires:
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EXHIBIT A
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1'127, /7/L/
I PROMISSORY NOTE I
(Recreation Land, Recrea ion Facllltles and Open Sp ce Land Fees Due
Addition To and/or In Lieu of Land Dedication)
:
$ 200.00
(Two Hundred Dollars)
Clearwater, Florida
Date:
M.,A. '1 '1 ~ ,~~.:;
This Pro~issory Note to be made an addendu~ to the Agreement to
Annex for the following described parcel:
The East 60.8 feet of
Lot 2, Blk D., Kapok Terrace as
recorded in Pl. Bk. 36, Pgs. l4 and l5
of pinellas County Records
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 in the manner herein specified, the amount being
payable in lawful ~oney of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 33518) or at such other place as may hereafter be
designated.
One payment of $ 200.00 shall be due at the time the
property is legally able to annex, more specifically to be paid prior to
the second ordinance reading effectuating the annexation of the subject
property.
Themon'i'es herein noted are in satisfaction of the require,nents
stipulated in 9r~inance Nos. 3128-83 and 3129-83, which seek to ensure
r1 a i n ten a tlc,eof a rt' df. C e p tab 1 e level of park lands, open space and recreation
facilitlesrequired:ta: prol11ote tl1e health and welfare of its citizens anct
visitor:5.~ :_--
->.,By'.s.igf\in~.,'thi s proJ!1i ssory note, I, as present owner of sai d real
pro per t y ,knOw t n g 1 y' 'J'/ a i v e any rig 11 t t 0 con t est the am 0 LI n t due and fur the r
admit full 1~'~bi1ity for the said obligation which shall not only bind the
present owner of said described real property, but shall be a covenant
which shall run with the lan~ 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, as stated in the Agreement of which
this is a part.
If default be made in the payment of any of the sums ~entioned
herein, Dr in the performance of any of the agreements contained herein,
then the entire principal sum shall become due and collectible without
notice, and shall bear interest from the date of such default until paid at
the highest rate of interest allowable under the laws of the State of
Florida. Failure to exercise this option shall not constitute a waiver of
the right to exercise the same in the event of any subsequent default.
Each person herein hereby waives presentment, protest, notice of
protest, and notice of dishonor 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 be employed to
collect this note.
OWNER:
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Witnesses as to Owner:
David A. Heaberlin
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Subscribed and sworn to before me
My Co mm i s s ion Ex P ire s :)?1~ .~ 73
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This notary onl" pert;no 0 rl,.
this f day of
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STATE OF FLORIDA
COUNTY OF PINELLAS
Subscribed and sworn to before me by David A. Heaberlin
thisD,~ day ofm~ 1985
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My COITlTilission Expires:
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