SEWER ONLY - MARK AND JEANNINE HODGES
; IN8T # 95-223701 I
8PT 7, 1995 3:59PM
AGREEMENT
(Sevver Only)
fINELLA8 COUNTY FLA.
OFF,REC.BK 9100 PG 679
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THIS AGREEMENT, made and entered into this 9th day of December ,19~ by and between
the CITY OF CLEARWATER, a municipal corporation, hereinafter' referred to as "City", and
Mark D. Hodges and Jeannine A. Hodges, His Wife
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the fOllowing described real property, located outside the municipal
boundaries of the City of Clearwater:
Lot 2, Block L. Carlton Terrace First Addition according to plat thereof
as recorded in Plat Book 43, Page 39, of the Public Records of Pinellas
County, Flori da.
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"7'0 WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing an
:? if -A€lFeement with the City for municipal sewer service; and
01-4 WHEREAS, the City is agreeable to furnishing sewer service upon certain conditions and considerations;
NOW THEREFORE, the parties hereto hereby covenant and agree as follows:
1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit the
Owner to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
(a) to pay the appropriate annexation fee when this Agreement is submitted for processing;
(b) to pay normal sewer connection charges and monthly sewer service charges to the City on the
same basis as sewer users outside the municipal boundaries are charged, as set out in the Code of Ordinances
of the City, until the property is annexed;
(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.
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?: li:: cC notic1Z-e to the property owner, to initiate action to annex the property to the City;
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In particular, the owner shall either:
(1) pay the required recreation facilities fee if this is the only fee require at the time this Agreement
is submitted for processing, or
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
he.reto as Exhibit A (if applicable). to be conveyed or paid prior to the second ordinance reading
(2)
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
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PINELLAS COUNTY FLA.
~' OFF.REC.BK 9100 PG 680
(e) that it is to tl mutual benefit of the Owner and the cit'll-in recogniti~~;;f the eventual
incorporation of the property within the City, to have site and building plans reviewed and accepted by the City
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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 the 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 he 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 or the heirs, successors and assigns of the Owner 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, 346184648 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.
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STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFOREMEpersonallyappeared IV\wL 'b. u.-Ju.~ ,and~~:~ A, ~u _\.
to me known to be the individual(s) described in and ~ho~~ed the foregoing instrument and -s~
acknowledged before me that they executed the same for the purposes herein expressed; and that said instrument
is the free act and deed of said individual(s).
V:V hand and official seaf this
~l~' .
Notary Public
~ day of~. I.L, 19, ~.
Notary Name (print/type)
T ARY SEAL
CYNTHIA M LIVER IS
NOTARY PUBLIC STATE OF FLORIDA
CO, . C287474
MY COMMISSION EXP. MAY 18 199'7
My Commission Expire~:
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PINELLAS COUNTY FLA.
OFF.HEC.BK 9100 PG 681
CITY OF CLEARWATER, FLORIDA
Attest:
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By:
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EI' eth M. ptula
CI Manager
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Cynthia E. Goudeau .c>'./
City Clerk. . '.', (",
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STATE OF FLORIDA )
COUNTY OF PINELLAS
BEFORE ME personally appeared Elizabeth M. Deptula, the City Manager of the above-named City, who
acknowledged that she executed the foregoing instrument. She is personally known to me and did not take an
oath.
WITNESS my hand and off;ci~' seal this ~ day #~9S
~ NU d) a )j ~JLJ[)1L) '.'''__''
otary '~~blic l~A'!!"~\ DENISE A. WILSON
€*: :*~ MY COMMISSION # CC 201408 EXPIRES
~;:. /-ll June 18, 1996
Notary Name (print/type) ';'-.;'ff.:r.'t-" BONDED THRU T!lOY FAIN INSURANCE,INC.
My Commission Expires:
Approved to form and legal sufficiency:
Ilk!
Pamela K. Akin
City Attorney
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AGREEMENT TO ANNEX
AT A 93-20-357 PROPERTY DESCRIPTION
OWNER MARK & JEANNINE HODGES LOT 2, BLOCK "L" CARLTON TERRACE FIRST
APPLICANT ADDITION
ADDRESS 2719 MORNINGSIDE DRIVE Parcel No. OS/29/16/13554/012/0020
CLEARWATER, FL. 34619
Section 05 Township 29 Range 16 Atlas Page 264-A
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PINELLAS COUNTY FLA.c
OFF.REC.BK 9100 PG 681
EXHIBIT A .
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PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 200 . 00
Clearwater, Florida
Da te: December 9. -,1993
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel: I
Lot 2, Block L. Carlton Terrace First Addition according to plat thereof
as recorded in Plat Book 43, Page 39, of the Public Records of Pinellas
County, Florida.
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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 I
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.
OWNER:
BY~~~
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