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WATER ONLY - MAX ROTHFIELD (2) ~ 01 tasb 1!i&? 40 Rae I 3~ MJ (1 St 42 S.ur 43 Int ac..- .\ Tot I ~.tn ~ rd.' ~ \0 Cf.l Cf.l (l() . "lX\~~ O~t--~ ro~~~ Z~x ~ "uo~ O~CQ~ ti~o~ ~u~~ 0. "'I.: >. " ~ 00 >...."<:t' ..oot:- '0 :i3 "<:t'CliD' ClJ<G ~Mf I>-< 0-.0 ~ .c ~ CtJI (1)........ . CQ ... U 0 QJ A ."t:J rn z- p., 'i:; C\S ~_: "' 0 ~ r ..._ ~$r.r.. ~ ~ ~ ~.. Cl.l i=Q :::: ~ E ........ . <<l ~ e <G ClJ ~I 1i:: UJ 6~i ~ .-< "H ~I .~ ~ 0...... rn "'" Of ..... "'" >. ~O~ E-i p:;. 0 ". E-i <. - '') o "'- ~ I jR It 8 9 7 :::~.1 ; 1 7 PMlI(U...(: """"llt. ".""'"'.1',.. ...t ' "'~" J. f ..",'1'(11;'.. ~~~'" CLERk CtftCli~f C-oUftt 79135564 AGREEMENT WATER ONLY ..,~ J. /J da y of 3 51 PH~lS TIllS AGREEMENT, Sr- made and entered into this , A.D., 19~, by and between the CITY OF CLEARWATER, FLORIDA, a mUnicipal corporation, hereinafter referred to as UCity", and MAX ROTHFIELD, hereinafter referred to as "Owner"; WIT NE 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: Begin at the Northwest corner of the Southwest 1/4 of the Northeast 1/4 of Section 23, Township 29 South, Range 15 East, and run South 88057'46" East, 142.82 feet to the Point of Beginning: thence run South 88057146" East 100 feet; thence run South 0020133" East, 227 feet; thence run North 88- 57146" West, 100 feet; thence run North 0020'33" West, 227 feet to the Point of Beginning, LESS the North 33 feet for road, and LESS the property described in O.R. Book 3488, page 806, and further described as follows: Begin at the Northwest corner of the SW 1/4 of the NE 1/4 of Sec. 23, Twp. 29 S, Range 15 E., run South 88057'46" East, 142.82 feet; thence run South 0020'33" East, 122.60 feet for the Point of Beginning thence run South 87059'23" East, 100.06 feet; thence run South 0020'33" East, 102.70 feet; thence run North 88- 57146" West, 100 feet; thence run North 0020'33" West, 104.40 feet to the Point of Beginning all lying, being and situate in Pinellas County, Florida. and WHEREAS, the Owner desires to connect to the City sewer andlor 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 and conslderations; NOW, THEREFORE, the parties hereto hereby covenant and agree as follows: 10 The City does hereby agree to provide sewer and/orwater 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. ,I,<t, i.' J /, \ J -I. " /) ~ ", . \ I' ! (' 0/ - C:~~:~:?(~!f) " \ J- '9- I I O,R. ~ 897 PAGE 111 8 The City shall not be liable for any damage resulting from any unavoidable ces sation 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 1, im. mediately 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) that at such time as it becomes pos sible 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 pay- able upon receipt of this Agreement for processing. (c) 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 with. in 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. (d) All property proposed to be subdivided or otherwise differenti. ated 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. (e) 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. (f) The Owner agrees that the terms and provisions of this Agr.eement shall be a commitment and obligation which shall not only bind the present owner of said described real property, but shall bea covenant .2. , - f '",' I , ~ O-t-J' I O.R. ~ 8 9 7 PAGE 111 9 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. (g) 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. By J ,.,'Y ." '. - ,<,\' -y .; ~. ,," -'f-~ ('/ ~~ ~ ~. >'~{~-'~ _: '. ~-~ ; tv '" 4,~,_;~~~: .. ~ , ,Ji / ~~.'.'~v.~: . \ 4;~: ", '~~J.J~-~JlRt~ ' ", ..city elerk .,' . ) t .! t I f,,#JTJ~~til ~ 1'-' I If. l.. I', I I ' Approved as to form and correctness: f~K~ City Attorney , Attest: Witnesses ~",a" , Aaj~A..- J .3. I I Q,R. ~ 897 PAGE 1120 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 County aforesaid to take acknow- ledgements, personally appeared -Max Rothfield' , 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 County and State last afore- said this?~ day of ~-- 1979 . My commis sion expires: , 7 r.,t' or' . " '<..., ~, .~ 'f' 0- /. :t. j":- ^, . .'';;' .... (':of Notary Public, State of Florida at Larl!e ' My Commission Expires OCTOBER 23, l~~~ STATE OF FLORIDA ) COUNTY OF PINELLAS ) ..flr;;'1T /7 ' 1979, before me personally appeared Anthony L. Shoemaklr, Thomas A. I HEREBY CERTIFY that on thisij-dday of Bustin, Lucille Williams, and, Charles F. LeCher, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida, a municipal 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 seal of sai,d 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 inth~ County of Pinellas and State of:F"~()_~_idC!-J - --- /' i"'~ . - ~ '- .... 'v My commission expires: Notarv Public, State 01 Florida at large My Commission Expires Aug, 28, 1982 Bonded 8y Am"ri,an fire & Ca..ualtv Company .4..