SEWER ONLY - JOHN R. AND PATRICK F. HERNDON AND ARTHUR A. AND MARGARET B. CAPOGNA
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Arthur and Margaret Capogna
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A G R E E MEN T
PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PG 186
(Sewer Only)
THIS AGREEMENT, made and entered into this 25TH
day of June
by and between the CITY OF CLEARWATER, a municipal
corporation,
and
John R. Herndon, Patrick F. Herndon and
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:
Lots .. iIIul 13, Block 3, Virginia Grove Terrace Third Addition,
according to the map or plat thereof as recorded in Plat Book 37,
Page 74, Public Records of Pinellas County, Florida.
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~4 ~~ * WHEREAS, the City is agreeable to furnishing sewer service upon certain
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~ U Agreement, and to permit the Owner to connect to its sewer main at the Owner's
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a: c....:> 0 f-,.charges to the City on the same basis as sewer users outside the municipal
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~ ~boundaries are charged, as set out in the Code of Ordinances of the City, until
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Lthe property is annexed;
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and
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WHEREAS, the Owner desires to connect to the City sewer
main
and is
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1.
The City agrees to provide sewer service, subject to t~e terms of this
expense.
2.
The Owner agrees:
(a)
to pay the appropriate annexation fee when this Agreement is
(b)
to pay normal sewer connection charges and monthly sewer service
KARLEEN F. DEBLAKER, CLERK
HECORD _""-~~I::;!_FJED BY: .~
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,. PINELLAS COUNTY FLA.
O-F.REC.BK 7975 PG 187
(el that all recreation land, recreation facilities and open space
land dedication and fees will be due upon annexation in an amount and manner as
prescribed in Sections 116,40 through 116,51, Code of Ordinances, In particular,
the owner shall either:
(1) pay' the required recreation facilities fee if this is the only
fee required at the time this Agreement is submitted for processing,
or
(2) place in escrow a deed transferring title to land or a promissory
note made payable to the City of Clearwater, or both, as required, such
deed and promissory note, copies of which are attached hereto as
Exhibit A (if applicable) to be conveyed 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
to the property owner, to initiate action to annex the property to the City;
(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 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 applicable building and fire codes in
effect in the City of Clearwater;
(f) that all of the property described above shall be deemed a single
parcel subject to annexation as provided herein, and any subparcels of the
property described above 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 notwithstanding;
(g) 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 the heirs, successors and assigns of
the Owner; and
(h) if the Owner or the heirs, successors, and assigns of the 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 or the heirs, successors and assigns of the Owner
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I PINELLAS COUNTY FLA.
~F.REC.BK 7975 PG 188
shall pay all costs of such proceedings including the payment of a reasonable
attorney's fee in connection therewith.
3. The City shall not be liable for any damage resulting from any
unavoidable cessation of service caused by Act of God, necessary maintenance
I
work, or any cause beyond the control of the City.
4. All notices to be furnished hereunder shall be furnished to the City
of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 34618
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.
5. This Agreement shall be recorded in the public records of Pinellas
County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Witness as to Owner:
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STATE OF FLORIDA
COUNTY OF PINELLAS
ppear.~vf~.j)/ML 1~. and
iIl1 . 0 me well kno~ and known to be the
de cri d in and wh executed the foregoing instrument as President
and Secretary, respectively, of the corporation named in the foregoing
instrument, and they severally acknowledged before me that they executed the same
on behalf of and in the name of said corporation for the purposes herein
expressed; that the seal affixed to said instrument is the corporate seal of said
corporation; and that said instrument is the free act and deed of said
corporation.
~~
my hand and official seal this Cl~
day of ~
Expires:
N.lary Public
Slate 01 Florida at lIrae
My Commission Expires:
Octar 27.1982
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_I.F'~.~~I..,L~.S.. CCH.!.NTY FLA.
~~,!_~~""::._~~BK 797~j PO 189
Rita Garvey
Mayor-Commissioner
CITY OF CLEARHATER, FLORIDl..
By
Approved as to form and
correctness:
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Attest:- \ . ." ..
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M. A. Galbraith,
City Attorney
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STATE OF FLORIDA
COUNTY OF PINELLAS ~ .11::
BEFORE ME personally appeared Rita Garvey, R:R U ~~ M. A.
Galbraith,Jr., and Cynthia E. Goudeau, to me well known and known to be the
individuals described in and who executed the foregoing instrument as Mayor-
Commissioner, City Manager, City Attorney, and City Clerk, respectively, of the
above-named City and that the seal affixed to the foregoing instrument is the
City. S;;:N;';~ :::; ::: ::::c~::trs::n:::s theis- ;It a:y d::~
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Notary ~ ic . I-tCLLY It. !9-u.S/1ttJ 10
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Notary Public, State of Aorida
My Commission Exp:res April 20, 1993
~nded Thru Troy fain. Insurance Inc.
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My Commission Expires:
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C 1 T Y
(). F C LEA It ",r A T En
POST OFFICE 80X 4748
C LEA Fl W ATE A. F Lon I D A 3 4 6 1 b . 4 7 4 8
June 25/ 1991
Mr. Robert Pensa, Director
Pinellas County Building Department
315 Court Street
Clearwater, Florida 34616
Re: Sanitary Sewer Service - 2724 Terrace Drive
Lot 13/ Block 30f Virginia Grove Terrace
3rd Addition
Dear Mr. Pensa:
Please be advised that John R. Herndon, Patrick :P. Herndon and
Arthur A. & Margaret B. Capogna owner of the above property has
applied for sanitary sewer and/or water service from the City of
Clearwater.
The following fees have been paid:
Sanitary Impact Fee - Receipt No. L ':5 ~L '2 Cl
C' . R' N ') .5"-' 3,2.. 2.. Cl
~anltary Assessment Fee - ecelpto. ~. I
Annex/Agreement Fee - Receipt No. J 84 7
SU7
RecreatIon F~crlity Fee - Receipt No. J I
$ 900.00
$ 935.90
$ 150.00
$ 200.00
The City of Clearwater will provide sanitary sewer service to
afOresaid property and applicable impact fees have been paid. The
City of Clearwater Utilities Division will collect the applicable
water meter fE~e and/or utility deposit fees when applied for by
the applicant.
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Ce~il M. Hen~.{;;n,Jr;, P. E.
Assistant Director of Public Works
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cc: Building Director
Planning Director
Public Service: G Smith
Public WorkS/Engineering
Utilities: Bob Brumback
DOAS: Caro1 Greiner
Present Owner:
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