ANNEXATION AND PARKLAND DEDICATION
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AGREEMENT
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made and entered into this ~day of
8 , -1...1 '
, A. D., 19~, tY and between the CITY
THIS AGREEMENT,
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OF CLEARWA ER, FL:RIDA,
a municipal corporation,
hereinafter
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referred to as "C ty", and
Builders, Inc.' ,.
hereinafter referred to as 1I0wner";
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:
Commence at the southwest corner of the S. E. 1/4 of the S. E. 1/4 of Section 36,
Township 28 South, Range 15 East, Pinellas County, Florida and go N. 000-21'_
ll"W., 7~9. 00 fee~, along the west boundary of said S. E. 1/4 of the S. E. 1/4, 17
to the Point of Beginning'; thence continue N. 000 -~l'- II" W. ,61.4.24 feet along
said west boundary to the northwest corner of the S.E. 1/4 of the S.E. 1/4 of
the afor~mentioned Section 36; thence S. 890_56'- 19" E., 1331. 64 feet, along
the north boundary of the S. E. 1/4 of the S. E. 1/4 of said Section 36, to the
northeast corner of the S. E. 1/4 of the S. E. 1/4 of said Section 36; thence
S. 000 - 34' - 20" E., 611. 64 feet, along the east boundary of the S. E. 1/4 of the
S. E. 1/4 of said Section 36; thence S. 890 - 56' - 56" W., 1333.96 feet, to the
Point of Beginning.
and
WHEREAS, the Owner desires to connect to the City 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 arid conslderations;
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
I. 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.
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454
The City shall not be liable for any damage resulting from any unavoid-
able cessation of service caused by Act of God, necessary maintenance
work, or any cause beyond the control of the City.
2. In consideration of the covenants contained in Paragraph I,
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, 1962;
(b) to remit to the City the total sum of $20,000, such sum
representing ten (10) percent of the purchase price of the subject prop-
erty in satisfaction of City.parkland dedication requirements. The
$20,000 sum shall be paid in increments of $500 per each of the forty-
five building lots representing the fixed total sum plus interest, such
$500 to be paid at the time the City authorizes sewer and/or water service
to each building lot so long as they remain in the County or at the time
of issuance of building permit if in the City. In the event that total
payment has not been made on all 45 lots by December 31, 1982, the balance
outstanding, based on $500 per lot, shall be due and payable to the City
upon demand at any time after December 31, 1982.
(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 to the property owner, to initiate action to annex
the property to the City. Applicable fees for annexation request shall
be due and payable upon receipt of this Agreement for processing.
Cd) The Owner agrees 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.
Ce) All property proposed to be subdivided or otherwise differ-
entiated 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.
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D.H. 5~3 8 PAGE
455
(f) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the
City shall record this document.
(g) The Owner agrees that the terms and provisions of this
Agreement shall be binding upon its successors and assigns, and the
City shall record this document.
(g) The Owner agrees that the terms and provisions of this
Agreement shall bea commitment an<;l 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 enforce-
able against all subsequent owners of said described real property
whether or not it is mentioned in the Deed to said owners.
(h) If the Owner or its successors, or assigns, or any subse-
quent owner, shall default in the performance of the terms and provi-
sions 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
the day and year first above written.
By
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form and
Attest:
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R. 5 1 38 PAGE
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the C01,mty aforesaid to take acknow-
t Bernard Nastir, Secretary of
ledgements, ,rso,n, ally ap,peared Stanley Nastir ,President of
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L & M ~ uilders, Inc. , to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the C01.mty and State last afore-
said thiso?ll'1day of t~J; ~/I/ . 19 );-i? ...."."......':"''',~.
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Notary Public ~ ~~. ~ / or'; 'V r:: M
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Nfy commission expires:
,~ PubIc, StaIlt of FIoddI,., LIrge
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STATE OF FLORIDA
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this~ "tay of ~_A_-Z-<::
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19.1:!.-, before me personally appeared Anthony L. Sh6emaker omas A.
Bustin, Lucille Williams, and Charles F. LeCher, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a m1.micipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized; and that the official se~l of said municipal
corporation is duly affixed thereto, and the said Agreement is the act and
deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County
of Pinellas and State of Florida, the day and year last above written.
My commis sion expires:
Notary Public, State of Florida af large
Mv Commission Expires Aug. 28, 1982
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