SEWER ONLY - JOSEPH L. AND VIRGINIA F. ALLEN
11 RE,9.0RDING)\.
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OFF. \-\I:-.e. A~
AGREEMENT
(Sewer Only)
THIS AGREEMENT, made and entered into this 5th day of March , 19 92 by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City", and
Joseph L. Allen and Virginia F. Allen, Husband and Wife
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 Two (2) and Three (3), Block Four (4), VIRGINIA GROVE TERRACE,
First Addition, according to map or plat thereof as recorded in Plat
Book 37, page 62, of the public records of Pinellas County, Florida
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WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing
an Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to
permit the Owner to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
(a) to pay the appropriate annexation fee when this Agreement is submitted for
processing;
(b) to pay normal sewer connection charges and monthly sewer service charges to the
City on the same basis as sew~r 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 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
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- K'FR CLERK
KARLEEN f.. DEBL.A .... '~
RECORD VERIF IEr~H_u_ .....-
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(2) place in esclow a deed transferring title to land or a plomiSSOry 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 hareln, 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 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 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.
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IN WITNESS WHERE1F, the parties hereto have caused this AgrJement to be executed the day
and year first above written.
PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PG 180
Witness as to Owner:
OWNER
By (.:h,.h jdl/'~ ti~
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cl)f7~'1i ~.&1 ;J;JbJ
STATE OF FLORIDA I
COUNTY OF PINELLAS I
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:Nbo:~;'R.Y .PY,,~.:uc~ S!YTE 2F FLOpml.
ll1"f' ,-dMM~~I(ll'I KCA L'1C. : r~"cil 3!', 199.5.
~~~DED l'liltu NOTAUY PU;'LlC U;-;DERWRITERS.
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Notary Public
My Commission Expires:
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
By
Approved as to form and
correctness:
Attest:
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M. A. Galbraith, Jr
City Attorney
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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BEFORE ME personally appeared Rita Garvey, M.icha.e.1 Wright, M. A. Galbraith,Jr., and Cynthia
E. Goudeau, to me well known and known to be theint)ividuals described in and who executed the
foregoing instrument as Mayor-Commissioner/.~h~:'MtlnaQer,.. City Attorney, and City Clerk,
respectively, of the above-named City and that th~l1Eial:affixed 1:Q the;;foregoing instrument is the City
seal of said City and said instrument is the free C!qt ar{if deed ~ sal tit
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WITNESS my hand and official seal thifi.).$Cid'f)y'j : .." , 19 !l..?--
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My Commission Expires:
Notary Pllb'it, State of F1ori&
My Commission Expires !::-r~ 20, 19~~
Bonded Thru Trey ,:,i!n' h;'::U(.:;l':~ ;nc.
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EXHIBIT A
I PINELLAS COUNTY FLA.
OFF.REC.BK 7975 PG 181
PROMISSORY NOTE
(Recreation Land, Recreation Facilit~es and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200.00 Clearwa ter, Florida
Da te: March 5, 1992
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lots Two (2) and Three (3), Block Four (4), VIRGINIA GROVE TERRACE,
First Addition, according to map or plat thereof as recorded in Plat
Book 37, page 62, of the Public Records of Pinellas County, Florida
The undersigned, its successors, or assigns, or any supsequent
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 money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 34618)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. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability 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 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, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or 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:
By a~/; 1/ ~ 4d-~J
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EXHIBIT A
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PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200.00 Clearwa ter, Florida
Date: March 5, 1992
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lots Two (2) and Three (3), Block Four (4), VIRGINIA GROVE TERRACE,
First Addition, according to map or plat thereof as recorded in Plat
Book 37, page 62, of the Public Records of Pinellas County, Florida
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 money of the United States of America, to the City of
Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748,
Clearwater, Florida 346l8)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. The monies herein noted are in satisfaction of the
requirements stipulated in Ordinance Nos. 3128-83 and 3129-83, which
seek to ensure maintenance of an acceptable level of park lands, open
space and recreation facilities required to promote the health and
welfare of its citizens and visitors.
By signing this promissory note, I, as present owner of said
real property, knowingly waive any right to contest the amount due and
further admit full liability 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 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, as
stated in the Agreement of which this is a part.
If default be made in the payment of any of the sums
mentioned herein, or 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:
By 0o.Lj j, P ~~. ~-,J
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Tuftle Law Print Publishers. Rulland~~
FORM OM WADAHTrM~iiug 1inb~uJur~
Made thi,<; :z ~-f day of September A. D. 19 59
Between llisandro Fortune and Dorothy Fortune, Husband and Wife,
of the County of Pinellas in the State of Florida
parties of the first part, and
Joseph L. Allen and Virginia F. Allen, Husband and Wife,
whosemailingaddressis2090U.S.No. 19 North, Clearwater,
of the County of Pinellas in the State of Florida,
part ies of the second part,
Witnesseth, that the said parties of the first part, for and in consideration
of the sum of Ten Dollars and other ~ood and valuable consideration Wlll/lN,
to them in hand paid by the smd parties of the second part, the receipt
whereof is hereby acknowledged, have granted, bargained and sold to the
said parties of the second part, their heirs and assigns
forever, the following described land, situate, lying and being in the County of
Pinellas , State of Florida, to wit:
Lots Two (2) and Three (3), Block Four (4), VIRGINIA GROVE
TERRACE, First Addition, according to tnap or plat thereof as
recorded in Plat Book 37, page 62, of the public records of
Pinellas County, Florida,
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subject to restdctions and reservations of record and taxes for
the year 1958.
And the said parties of the first part do hereby fully warrant the title to said
land, and "'fill defend the sa111J3 against the lawful claims of all persons whomsoever.
In WItness Whereot, the said parties of the first part have hereunto
set their handJ3 and seals the day and year first above written.
Signed, Sealed and Delivered in Our Presence:
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State of Florida,
County of Pinellas
I HEREBY CERTIFY, That on this day personally appeared before me, an
officer duly authorized to administer oaths and take acknowledgments,
Lasandro Fortune and Dorothy Fortune, Husband and Wife,
to me well known and known to me to be the individuals described in and who
. executed the foregoin~ deed, and they acknowledged before tne that
'. .}.\A~X.'ttr . executed the same free?!! Cfnd voluntarily for the purposes therein expressed.
,y';, nrl:r~ESS my hand and o/Jicwl .'leal at Clearwater,
.:,/' ~:\.'Cbuniy 61--., Pinellas , and 'State of Florida, this ;2. 3-f
./ ~.... day of"'~ .;.; September , .11. D. 1959 . ~
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. .~. -' ~ .... '. . . .' MY Commission Expires Dec. 18, 1962
:"-. " f I: Ii i'. \ D ~ Bo.ni:lect.by American Surety Co, of N. Y.
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C I.TY
OF CLBAn.WATEn.
POST OFFICE BOX 4748
C LEA R W A T EO R, F LOR I D A 3 4 6 1 8 . 4 1 4 g
March 5, 1992
Mr.. Robert Pens a , Director
Pinellas County Building.bepartment
315 Court street
Clearwater, Florida 34616
Re: Sanitary Sewer Servlee:
Lots 2 , 3, Block 4.Virginia Grove Terraee 1st Addition
1704 Grove Drive, Clearwater, Florida 34619
Dear Mr.. Pens a :
Please be advised that Joseph L. and Virginia F. Allen owhers of
the above property has ~pplied fors~nitary sewer and/or water
service from the CityofClearw~ter.
The following fees have been paid:
s
900.00 Sanitary Impact Fee
- Receipt No.
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$ 1.971.90 Sanitary ASSessment Fee - Receipt No. M 257259
$
150.00 AnneX/Agreement Fee
- Receipt No.
1I?>7
$ 200.00 Recreation Facility Fee - Receipt No. Promissory Note
The City of Clearwater will provide sanitary sewer and/or water
service to aforesaid property and applicable impact fees have been
paid. The city of Clearw~ter utilities Division will collect the
applicable water meter fee and/or utility deposit fees when
applied for by the applicant.
)
Very truly yours,
CMH/DDM
cc :1.I3GIlci.i.hq Director'
Planning Director
Infrastructure: G. smith
Public Works/Administration
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Public Works/Engineering
DOAS: Carol Greiner
Parks Dept.: Terri Hughes
Present Owner
"Equal Employment and Affirmative Action Employer"