SEWER AND OR WATER - KEN LESCALLEET MINISTRIES INC.
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On 2J i i 40~I~DAGREEMENT, made and entered into this / f -day of
~~~A-/ . A.D., 19 ~b by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
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Ken Lescalleet Hinistries, Inc.
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8.70
8 . '{O CASl-l
referred to as "City", 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 but within the City of Clearwater service area:
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Lot 13, Pinellas Groves, as recorded in Plat Book 1, Page 55, of the Public Records of
Pinellas ColIDty, Florida; less and except the South 18.0' thereof; and less the West
30.0', and the North 30.0' as recorded in official records Book 582, Page 561, of the
Public Records of said County, being further described as follows: Comnence at the
Sou~st comer of the Northeast 1/4 of the Southwest 1/4 of Section 19, Township 29
South, Range 16 East; Thence N 00024'51"E, along the West line of the Northeast 1/4 of
the Southwest 1/4 of said Section 19, 33.0'; Thence S 89009'04"E, 45.0' to the point of
begirming; Thence N 00024'51"E, 603.22'; Thence S 89019'08"E, 259.52"; Thence
S 00031 '22''W, 603.97", To the North right-of-way line of Cotmty Road 115; Thence
N 89009'04''W, along last said line, 258.38' to the point of begirming.
and
WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signing an Agreement with
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the City for municipal sewer and/or water services; and
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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
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~ r- the Owner to connect to its sanitary sewer and/or water main at
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f - ,.. "., the Owner's expense.
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~',' " i ,,"'5 The Ci ty shall not be liable for any damage resulting from any
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unavoidable cessation of service caused by Act of God, necessary
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maintenance work, or any cause beyond the control of the City.
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Documentary T2.X Pd. $. ..f:..Z..q.. ....
$...... .-..... ."....... Intangible Tax Pd,
Ka~rleen F. De Blaker, Clerk, Pinellas County
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a.R.6 3 4 4 PAGE 261
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 transferring title
to land and/or promissory note made payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 and
312~-83, such deed and/or promissory note, copies of
whi~h are attached hereto as Exhibit A (if applicable)
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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I 0.\.63 g ~HAGE 262
(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 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
notwithstanding;
(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.
I o.R.6 3 ~ ~ PAGE 263
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
OWNER
By /]1;. L ~
Ken Lescalleet, President
KEN L~LLEET IUNISTRIES, INC.
vl~ 1.a.P~ ~ ,;ve-,
STATE OF FLORIDA - )
COUNTY OF PINELLAS )
Subscribed and sworn to before me this ~ day of
~E(J\EY"P>ct'l. 1986.
My Commission Expires:
POOH
. ofaoy Public. State of Florida
My (.ommission &Pires Jan. "7~ 1988
100-0." T hrw Iro)' f03in . lnsur~nce. inc.
Approved as to
correctness:
~
City Attor
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OF CLEARWATER, FLORIDA
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$
5,748.92
Clearwater, Florida
Date: ~ S; j9a',&
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 13, Pinellas Groves, as recorded in Plat Book 1. Page 55. of the Public Records of
Pinellas County, Florida; Less and except the South 18.0' thereof; and less the \-Jest
30.0', and the North 30.0' as recorded in official records Book 582. Page 561, of the
Public Records of said County, being fut'ther desct'ibed as follCTws: Comnence at the
Sou~st comer of the Not'theast 1/4 of the Southwest 1/4 of Section 19. Township 29
South, Range 16 East; Thence N 00024 '51 "E, along the West line of tile Not'theast 1/4 of
the Southwest 1/4 of said Section 19, 33.0'; Thence S 89009'04"E, 45.0' to the point of
beginning; Thence N Ob02/~'51"E, 603.22'; 111ence S 89019'08"E, 259.52"; 1hence
S 00031'22"W, 603.97", To the Not'tn right-of-way line of County Road 115; 'lhence
N 89009'04"W, along last said line, 258.38' to the point of beginning.
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ s: life. 92. 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 $ 5,748.92 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 ~t 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
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Ken Lescalleet, President
KEN ~5 MIN~ INC.
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