SEWER ONLY - LEONARD J. AND DIANA CUCINOTTA
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CITY1n OF CLEAes~:~;~e~
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CITY r,';, :.... '...ER
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TO:
M. A. Galbraith, Jr., City Attorney
FROM:
John D. Richter, Development Code Admi .
COPIES: Cyndie Goudeau, City Clerk
SUBJECT: Agreements to Annex 85-32-254 (Newcombe), 85-34-256
(Davis), 85-36-258 (McMullen, Rogers & Rogers), and
85-38-260 (Cucinotta).
DATE:
November 15, 1985
In compliance with City Commission direction of June 21, 1984,
regarding authorization of City Manager approval of routine
agreements for annexation and the City Manager's request that you
sign off on them prior to his approval, the subject Agreements to
Annex are attached.
Please sign the attached Agreements (two copies each) and forward
to the City Manager's office for his approval. The City
Manager's office will return this signed memo to the Department
of Planning and Urban Development which will in turn notify
the Assistant City Manager's office of approval.
The Agreements will be retained by the City Manager's office for
completion of the execution and the remainder of the processing
procedure will remain the same.
JDR/GL/df
Approved
Attachment(s)
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8527:3566
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A' ~ B S -38 - ?b 0
(Lc-cf r. tK M II 9 3 i{'f
O.R.Gillt P~GE
~SEWER ONLY)
THIS AGREEMENT, made and entered into this ~day of
tY-ec 1/h1lJ.vu , A. D ., 1 9 .&: by and bet wee nth e C I T Y
^ G R E E M E ~ T
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o F C LEA R W ATE R, F LOR I D A, d !'!1 U n i c i pal cor p 0 rat ion, her e i n aft e ~,
referred to as II Ci ty'l, dnd
Leonard J. Cucinotta and Diana Cucinotta, his wif~
,
hereinafter referred to as 1I0wnerll;
WIT N E SSE T H :
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WHEREAS, the Owner now owns the following descriued real
property, located outside the municipal boundaries of the City of
Clear~ater but within the City of Clearwater service area:
Lot 12, Blk. I, Carlton Terrace 1st Add. as
recorded in Pl. Bk Mpage 39 Public Records
of Pinellas County
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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 ~ith
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tile City for lilunicipal sevjer and/or water services; and
WHEKEAS, the City is agreeable to furnishing said services
upon certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby convendnt and
agree as follows:
1. The City does hereby agree to provide sewer and/or water
s e r v ice s, sub j e c t tot i1 e t e r l~l s 0 f t 11 i s A J r e e men t, and top e r In i t
the Owner to connect to its sanitary sewer and/or ~ater main at
the Ownerls expense.
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O.R.61L11 P~GE
2
The Ci ty shall not he 1 i abl e for any ':1amage resul ti nq from any
unavoidable cessation of service cause~ by Act of God, necessary
naintenance work, or any cause beyond the control of the City.
2 . I n con sid e f' a t ion 0 f the c 0 'J e n ant 5 con t a i n e lj in? a r a~,r a p h
1; i" m e d i ate 1 y a b 0 v eon t il e par t 0 f the C i t 1" , the 0 \v n era 9 r" e e 5 :
(a) to pay the dppropriate annexation fee when this
Agreement is submitt~d for processin];
(h) to pay normal sewer and/or water connection charges
and mont~ly sewer service and/or water charges to the City on th~
sane basis as seWf:r service and/or water IJse,'s 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-
a t i I) n i n a n a In 0 U n tan d man n era s pre s c r' i I) e din Q r :j i 11 a ~1 ': e t I oJ s .
3128-83 and 3129-83. In particular, the owner shall ~ither:
(1) pay the required recreation facilities fee
when this is the only fee required by Ordinance No.
3128-83 at the ti!'le thi s Agreement is sub,.,i tted for
processing, or
(2) place in escrow such deed transfering title
tq land and/or promissory note ~ade payable to the City
of Clearwater as required by Ordinance Nos. 3128-83 rynd
3129-83, such deed and/or pr;'Mi ssory note, copi es of
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to the second or1inance
reading effectuating the annexation of the subject
\J r 0 per ty ;
(1) that at such time as it b~co,.,es possible for the
City to annex said real property, this Agreement will constitute
a nap p 1 i cat ion t I) il n n e x d t t hat t i '11 e, and t 11 e C i t Y w i 1 1 h a vet h e
right, upon sixty (60) daysl written notice of the property
OWler, to initiate actioll to <3.nnex the property to the City;
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O~R.614i P~GE
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(2) that it is to the f'1utual 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
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requisite permit from Pinellas County. Acceptance of such. plans
s h all pre c e d e t 11 e e x e cut ion 0 f t his A g r e e me n t b j t n? i: i t Y d n d any
con s t r u c t ion 0 n t 11 i S iH 0 per t y s h all corn ply ,d t h the Fir e 0 i s t r i c t
requirements as set forth in Chapter Three (3), Standard Building
Code, as duly adopted by the City of Clearwater;
{f} all property proposerl 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 Iv i t h s tan din 9 ;
(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
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d 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 defaul tin the performance of the terl:ls
and provisions of this Agreement, and the City shall i1stitute
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 paymellt of a reasonable
attorney.s fee in connection therewith.
3. ,;11 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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I
O.R.6141 P~GE
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IN WITIJESS "IHEREOF, the parties hereto have caused t"is
Agreement to be executed the day and year first above written.
Countersigned:
Approved as to form
correctness:
Witnesses as to Owner:
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STATE OF FLORIDA
COUNTY OF PINELLAS
C I T Y 0 F C LEA R W ATE R J F LOR lOA. ~.
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By
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Attest:
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OWNE :
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Diana Cucinotta
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Subscribed and s~'/orn to before me thi s '":>0 day of
o.:r\\ '''''e.'Q.. 1 9 B( .
My Commission Expires:
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EXHIBIT A
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sJLce Land Fees Due In
Dedication)
. ~ . J PROMISSORY NOTE
(Rec~eati~n Land, Recre tion Facilities and Upen
Addition To and/or In Lieu of Land
$ 200.00 (Two-hundred)
Clearwater, Florida
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This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 12, B1k. I, Carlton Terrace 1st Add., as recorded
in Pl. Bk.43 page 39, Public Records of Pinellas County
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 33518) or at such other place as may hereafter be
designated.
One pay men t 0 f $ 2 0 0 . 00 s h all be due a t the t i me 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, a~d 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 as to Owner:
Leonard J. Cu i otta
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Diana Cucinotta -
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Subscribed and sworn to before me this 1 a ~ day Qcf_----(f5,~::~;;~
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My Commission Expires:
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