SEWER ONLY - MANUEL AND MIRIAM KITAY
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2J OCT II PI1 3: 05
AGREEMENT
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KARLEOi F. uE t~Al';u; 89253934
CLEHK OF CIReUi r COLT"
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(Sewer Only)
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THIS AGREEMENT, made and entered into this
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day of (Jc4~
by and between the CITY OF CLEARWATER,
a municipal corporation,
hereinafter referred to as "City", and
Manuel Kitay and Miriam Kitay.
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:
Lot 7 and 8, Block 7, of Virginia Grove Terrace
4th Addition, to the plat thereof as recorded in
Plat Book 37, page 75, of the Official Records of
Pinellas County, Florida
and
WHEREAS, the Owner desires to connect to the City sewer main and is
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agreeable to signing an Agreement with the City for municipal sewer service; and
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WHEREAS, the City is agreeable to furnishing sewer service upon certain
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considerations;
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::3 ,",~ u ~ Agreement, and to permit the Owner to connect to its sewer main at the Owner's
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~ '0;']) 2. The Owner agrees:
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it ~ charges to the City on the same basis as sewer users outside the municipal
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NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
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1.
The City agrees to provide sewer service, subject to the terms of this
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(a)
to pay the appropriate annexation fee when this Agreement is
(b)
to pay normal sewer connection charges and monthly sewer service
the property is annexed;
RECEI''lf'D
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ocr 16 1989
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(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
(2) place in escrow a deed transferring title to land or a promissory
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 herein, 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
D~ovisions hereof, the Owner or the heirs. successors and assigns of the Owner
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OR 7 I 0 6 PG 2 316
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Witness as to Owner:
OWNE~ / /1 /
BY~~
~~Manuel Kitay .
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Miriam Kitay ct--
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STATE OF PLORI~ )
COUNTY OF PINELLh% )
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BEFORE ME personally appeared a Y1 (..Le I
me known to be the person( s) described in and
instrument, and acknowledged that --t1Je y
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WITNESS my hand and official seal this
19 "39
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day of };JUJu-st
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No ry Public J u.d. i-fh He i Ul~
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OFFICIAL SEAL
Judith Helene Stevens
NOT~,RY PUgLlCC!\LJOR~IIA
PI\lf>:W':,I. OFFICE II,!
VENTURA COl'NTY
My Commission Expires Sept 5, 1992
My Commission Expires:
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OR 7 I 0 6 PG 2 311
R~ta Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By 727/~
Ron H. Rabun
City Manager
Approved as to form and
correctness:
Attest:
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M~ff:1f
City Attorney
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun, M. A.
Galbraith,Jr., and Cynthia E. Goudeau, to me well known and knoWn to be the
individuals described in and who executed the foregoing instrument as Mayor-
Commissioner, City Manager, City Attorney, and City Clerk, respectively, of the
above-named City and that the seal affixed to the foregoing instrument is the
Ci ty seal of said City and said instrument is the free act and deed of said City.
90L day of ~
"t~JrN-A~ ~y hand and official seal this
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My
Corrimis SiOIl_'Expire s.:
Notary i'liblic, Stat. of rll:ll'ldll
My Commis$!on bpiros JulV 22, 1991
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