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SEWER AND OR WATER - NICHOLAS CAMBAS ~ - " ,- ,:. . -. ~ ' ~ t"" trl > ::tl ~~o~ l-30l-3~ trl. cJl rt:l:l....... ~O~ t""xt"" ~:t'i~~ ....~o ~o:l ~ 11'. e.rl .... CQ" J;. -.] .... o:l o ~ ~~ .... ~ ~ 00 ..,.....S. ~ 0 ~ ~ ~~tJ>a ~ , ;::". a ~""''-<n(b P:j, e. '" ~ ::l r< " ........... ~"'I ;::: 't;r' ~ o ... :0 ~"t1g&l", ~o~ ;:'t:t ...... '< ~ "f ~t:l:I --..g .... 0 ~:o ~>< (: ,;~ ,;;;. ~ ;; t;r' ~ '-< . ~',.' ,.., '"', ,-''''''-''\' . ~'. '::.' :',:.'--,1 " ' 85273564 I 1\ \" A. 8:; - .31 - 2 S '1 \~Cl'\ . 1;\ M \ \ 9 3't3 .;V'_,. ,I ,~):1.tr~ " "~,.I J ;. ~~I;.' j~! "t~'t'.t~'-,...' ;-, ,~_.:..t.....j .', r .. ~ \0. ,'\ G R E E ~1 E iJ T O.R.614D P~CE 2395 17-fhday of lB 11 4\ 3i'~ '8~ SEWER & lVATER THIS AGREEMENT, made and entered into this ~ Z' tJ /}'Y? bt1 JU , A.D., 19~ by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and Nicholas Cambas hereinafter referred to as "O,vner"; 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 Clear~ater but ~ithin the City of Clearwater service area: That part of Lot 8, BLACKBURNS SUBDIVISION, according to Plat thereof Recorded in Plat Book 24, Page 62, Public Records of Pinellas County, Florida, being further described as follows: Begin at the Southwest corner of said Lot 8, run thence S.89046' 13"E., along the South boundary of said Lot 8 a distance of 104.50 feet to the Southwest corner of property conveyed to the Protane Corpora- tion in O.R. Book 1964, Page 567; thence N. 01002' 38" E., along the Westerly boundary of said Protane Qorporation, a distance of 149.50 feet to the Northwest corner thereof; thence N. 89046' 13" W . , 104.50 feet to a point on the West boundary of said Lot 8; thence S.01002'38"W., along the West boundary of said Lot 8, a distance of 149.50 feet to the Point of Beginning located in Section 6-29S-16E. and WHEREAS, the Owner desires to connect to the City sewer and/or water main and is agreeable to signing an Agreement ~ith the City for !n un i c i pal s e VI era n d / 0 r wa t e r S e r vi c e s; and WHEKEAS, the City is aJreeable to fur~ishing said services upon certain conditions and considerations; NOW, THEREFORE, the parties hereto hereby convenant and a g r e e a s f 0 1 1 0 \;/ S : 1. The City does hereby agree to provide sewer and/or water s e r v ice s, sub j e c t tot 11 e t e r !~1 s 0 f t 11 i s A J r e e In e nt, and top e r In i t the Owner to connect to its sanitary sewer and/or ~ater main at the Owner's expense. o-<J () ? () ~. L-~ f-- 40 Rec 46POS..~ Total 17, ~... . (!f!, : E!1..'1.g, aa:~!~ (S/Cbf(j) i~dl?tcfU 1i/31(~ - 1 - \T"'7V' .0<7!: II \ OC~j"D( I""J "'-- .._.___.~~_~U_\,___ , .. ",." I I O.R.C1~O NGE 2,396 The C i t y s r1 all not h e 1 i a b 1 e for any -j a mag ere s u 1 tin q fro J11 any unavoidable ces~ation of service caused by Act of God, necessary naintenance work, or any cause beyond the control of the City. 2. In consid~ration of the covenants contained in Paraoraph 1; ;'T1 m e f1 i a tel y a b 0 v eon t (1 e par t 0 f the C i t 1" , the 0 VI n era 9 r e e s : (a) to pay the appropriate annexation fee when tnis Agreement is submitted for processing; (h) to pay normal sewer and/or water connection charges a~d monthly sewer service and/or water charges to the City on th~ sane basis as sew~r service and/or water use~s outside the municipal boundaries are charged, as set out in the Code of Ordinances of the City of Clear,/ater, Florida; (c) that all recreation land, recreation facilities and open space land dedication and/or fees will be due upon annex- ation in an amount and r:lanner as prescri:)ed in Ordindrl':e iJos. 3128-83 and 3129-83. In particular, the owner shall either: (1) pay the required recreation facilities fee when this is the only fee required by Ordinance No. 3128-83 at the tiJl1e this Agreer!lent is submitted for processing, or ( 2 ) p 1 ace i n e s crow s u c h rl e e d t ran s fer i n 9 tit 1 e tq land and/or promissory note nade payable to the City of Clearwater as required by Ordinance Nos. 3128-83 and 3129 - 83, s lJ c h de e d and / 0 r p r;) I~ i S so r y not e, cop i e s 0 f Which are attached hereto as Exhibit A (if applicable) to be conveyed and/or paid prior to the second or1inance rea d i 11 9 : f f e c t IJ a tin 9 the ann e x a t ion 0 f t tl e sub j e c t iJroperty; (d) that at such time as it becomes possible for the City to annex said real prciperty, this Agreement will constitute a nap p 1 i cat ion t 0 ann e x a t t hat t i ''1 e, and t rl e C i t Y IV ill h a vet r1 e right, upon sixty (60) daysl written notice of the prop,:rty oWler,to initiate actio" to annex the property to the City; - 2 - ~,..~ --.:~ I I O.R.S14a P~GE 2397 . -. (2) that it is to the mutual benefit of the !)wner 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 Pi~ellas County. Acceptance of such plans s h all pre C e d e trl e e x e cut ion 0 f t his A g r e em e n t b j t h ,= C i t Y d il d any construction on tilis iHoperty shall comply '.dth the Fire District requirements as set forth in Chapter Three (3), Standard Building Code, as duly adopted by the City of Clearwater; (f) all property proposed to be subdivided or otherwise differentiated from the original parcel described in this Agreement shall b~ treated as a single parcel for the purposes of the subsequent annexation procedure, individual ownership not Iv i t h s tan din 9 ; (9) 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 s h all be a co mm i tm en tan d 0 b 1 i gat ion w 11 i c h s h all not 0 n 1 y bin d the present owner of said described real property, but shall be 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 sub s e que n t 0 \v n e r, s h all de fa u 1 tin the per for man c e ,) f the t e r \:1 S and provisions of this Agreement, and the City sh~ll 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 paymerlt 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. - 3 - . .. . I I O.R.61L~O P~GE 2398 It~ ~J I T Ij E S'S ~I HER E 0 F, the par tie s 11 ere to h a v e c a use d t f1 i s Agreement to be executed the day and year first above written. CITY OF CLEARWATER, FLORIDA Countersigned: /" / By Approved as to correctness: Attest: ~ (l .:.' I..r 1-0' ..i ~ _ C, ty ~'..... .. .,>".g'.......~.... . , .,... ," -- . .' "'-' --",,:""0 OWNER: . ..r~ i;. ,,; .. ~~. - -.:....;.. - ~ J. ----, ~ .. '.'~. .~ .-...... ~ ~ ", Witnesses as to Owner: By za,,~ ~ Carnb~ Nul.I....) ~ STATE OF FLORIDA COUNTY OF PINELLAS SUbsc,ri)>ep and sworn to before me thi s~d1y of o C&OI2, 1~- ~ Commission Expires: M t.y Public. State of Rand. 'i ~::~ssion ~xpires Dee. 18. lOOL h"" J roy fain. I lug IJ,sUlilncC.l I~ ~ '--' ) I ....~; - 4. - ..oil