ANNEXATION - PARKLAND DEDICATION & PROMISSORY NOTE
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A '18 ItU t85 AGREEMENT
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THIS AGREEMENT, made and entered into this / 9-111. day of
December, 1985, by and between the CITY OF CLEARWATER-, FLORIDA, a
municipal corporation, hereinafter referred to as "City," and
JAMES SOFRONAS and JOHN SOFRONAS, hereinafter collectively
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:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE
A PART HEREOF.
and
WHEREAS, the Owner desires to connect to the ci ty 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 Act of God,
necessary maintenance work, or any cause beyond the control of
the City.
2. Owner has paid.and city hereby acknowledges receipt of
the annexation fee in the amount of $450.00. 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 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;
(b) that all open space land dedication fees will be
due upon annexation in an amount and manner as prescribed in
Ordinance No. 3129-83. In particular, the Owner shall place in
escrow a promissory note made payable to the city of Clearwater
as required by Ordinance No. 3129-83, such promissory note, a
copy of which is attached hereto as Exhibit "B," to be paid prior
to the second ordinance reading effectuating the annexation of
the subject property.
(c) 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;
(d) 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 be
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
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o.R.614i P~GE 17
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;
(e) 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 notwithstanding;
(f) that the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the city
shall record this document;
(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 all subsequent owners of said described real
property whether or not it is mentioned in the Deed to said
owners; and
(h) 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.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA,
a mun' 'pal corpor
Approved as to fo
correctness:
Attest:
By:
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witnesses as to Owner:
OWNER:
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JAMES SOFRONAS .
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JO SOFRONAS, by 0ames Sofronas
as Attorney-in-Fact
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O.R.614i P~GE 18
STATE OF FLORIDA )
COUNTY OF PINELLAS )
,Ii- The foregoing ).nstrument was ack o~ledged ~eforej/me this
J!l!!i.9~Y of Jie~be...( , ,1985, by l#t61l- J.....~oe~, ,
and ,~(ee" f. K.e.llv: ' , as City Manager a d Mayor-Commiss'ioner
respectively, of. tHe CITY OF CLEARWATER, FLORIDA, a municipal
corporation, on behalf of said corporation.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
6M~/'~ ,Q '{'~)~,..'~,..,>",..,i),:-,.."
Notary 11.c '/' r.'._
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Mz.. commission e~ires: .">
r' Notary PubrlC, St.,. Gt ~~\ <;>;.
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My Commission Expires JM 1 tz."~ ' '" C >:..'
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The foregoing instrument was acknowledged before me this
30th day of October , 1985, by JAMES SOFRO;N'AS.,. indi vidHally
and as Attorney-in-Fact for JOHN SOFRONAS 0/.";:""';
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My commissid~':,:e~'pi~~ i:'::,~'.':. '.
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Notary Public, Stoia' 'bi ~ f)<5:r,i~.~.:
RE4.1-10285 My Commission Expiras9!2/1989
Bondp.d thru Troy.Fain .. Ins. Inc.
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o.R.6141 P~GE 19
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LEGAL DEsCRIPrION. .";:'.' .. .'.. .
Beglnriing ~at !h';' Nor~hw'est~ 'co~er. 0.1'. Section 29',' Township .29. South,
Range 16..East,.'Pinellas' County, Florida as a point of beginning. .
Thence S.' 89 9'48" E., '.along, the North boundary line .01' said Section
29. 721.40"re tl~Thence ~. 01.26'49" E., to a point on a line that
is S. 89 21'0 ".E.,_from the center of the State Road department
bridge, said ~enter~being on the West line of'said Section 291' ,
(Equally distant-from the North.and South end of said bridge)1
Thence N.. 89 21..00". '"I.', .alorig said line to said point on the West
line of Section .~29. Thence Northerly along said West boundary line
of said Section:29 to the point of beginningl Less '''lIhat part'for 'the
right. of way ~ighway #19, and less that triangular portiori being
more' ~artic~~~ly described: as follows'". .. . .
. ..... .." '. . .
From the Northwest co~er of said.Section 29, Township 29 South,
Range. 16 ~ast:. Finellas County; Florida as a point of reference.
Thence S.. 89 19' 28" . E., ..along the North boundary line of said
Section 29,.721.40 feet for a point of beginning. Thence S. 01 26'
.. .. 49- E.,. 62.7.87 1."eet to a point on a .line. which is S. 89 21 'OO~ E~,
.-,,::'::i?,~.i,.:.:;;,;~:; from the centerline of the State Road department bridge. said center-
; ..~'}~~~;."~~:;.~~;.>:~).: line being on' the ."lest line of :iection 29 ,(Equally distant from
;;'~\f':;;;;~':-'_'7 North and South end of said bridge). Thence fl. 89 21'00": W., along
,. said line 10.85 feet. Thence .N. '00 27'22" W., 627.57 feet to the
point of beginning.~.' .- .
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EXHIBIT "A"
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PROMISSORY NOTE
$87,913.60
Clearwater, Florida
October 30 , 1985
This Promissory Note to be made an addendum to the Agreement
to Annex for the following described parcel:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
The undersigned, its successors, or assigns, or any
subsequent owner, whoever may be the owner of the property at the
time it is officially annexed, promises to pay to the CITY OF
CLEARWATER, FLORIDA, or order, the sum of Eighty-Seven Thousand
Nine Hundred Thirteen and 60/100 Dollars ($87,913.60) 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 33518) or at such other place as may
hereafter be designated.
One payment of Eighty-Seven Thousand Nine Hundred Thirteen
and 60/100 Dollars ($87,913.60) 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 No. 3129-83, which seeks to
ensure maintenance of an acceptable level of open space 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.
WITNESSES:
OWNER:
*
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James Sofronas
*
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Jdfin Sofronas by J roes Sofronas I
as Attorney-in-Fact
*
Subscribed and sworn to before me this 30th day of
October , 1985 JAMES SOFRONAS and JOHN pOFRON~S.
(h,A~LJ E (.:/;jJ~i;~~
i((,'taiy' Public ~ _ -=- !7. _~
My commission?xpi:t:e..s: .:-. ~--:.-
RE 4 . 1-103 0 5 ~ -N9tary. .Public, State of Florida
My COI'nIlllS8kJri. EXP!T.3s 9/2/1989
* Signing as witnesses and notary only and not as d&9:~~1(~lr~lsyrF'ain - Ins. Inc.
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EXHIBIT "A"
TO PROMISSORY NOTE
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LEGAL'DEsCRI~ION I ..,...... ....... .
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Beginning "at ih~'Nortnwest.comer or Section 29.. Township 29.South.
Range 16..East...Pinellas. County. Florida as a point of beginning. .
Thence S.' 89 9'fJ8" E.. '.along. the North boundary line .of said section
29. 721.40.re t..':Thence ~. 01. 26'49" E.. to a point on a line that
is S. 89 21'0 ".E...from the center of the State Road department
bridge. said ~enter~being on the West line or said Section 291' .
(Equally distant.from the North .and South end of aaid bridge).
Thence N. 89 21'00" W... .along said line to said point on the West
line of Section...29I' Thence Northerly along said West boundary line
of said Section:29 to. the point of beginning. Less .that part'for the
. right. of way ~ighway #19. and less that triangular portiori being
more' partic~~~ly described: as follows... ., .
. .. ..... . .' " . .
From the Northwest co~er of said.Section 29. Township 29 South.
Range 16 J;:ast:, Finellas County; Florida as a point of reference.
Thence S~.B9 19.28...E....a1ong the North boundary line of said
Section 29..121.40 feet 'for a point of beginning, Thence S. 01 26'
49" E... 62.1.87 reet to Ii point on a .line' which is S. 89 21' 00':' E.,
'from the cent~rline o'f the State Road department bridge. said center-
~ine being on th~ ~est line of ~ection 29 . (Equally di~tant from:
North and South end o'f said bridge), Thence N. 89 21'OO~ W., along
said line 10.85 feet. Thence ~.'OO 27'22" W., 627.57 feet to the
point of beginning.:.' .... 0" .
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