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SEWER - CSG ENTERPRISES INC4 � f � EAI�� � ��Ir ¢ �, � Q A.T.A.11-OS-506 9 � O' AGREEMENT ��Ar� `�•. THI$ AGREEMENT, mad� and entered into this �_ day of .�� , 20 /� by and between the CITY OF CLEARWATER, a municipal c�rporation, hexeinaftex referred to as "Ciry," and C S G Enter�rises, Inc. P.O. Sax 17692 Tampa, Flotida 33G82-7692 hereinafter refer�ed to as "Owner"; WITNESSETH: WHEREAS, the Owne� now awns the following described zeal. praperty, located outside the xn.unicipal boundaries of the City of Cleanvatex: Paxcel ID#: 05 /29/16/13554/Q07/p160 Lot 1�( , Slock "G" Carlton Terrace 1St Addition according ta the map or plat thereof as recorded in Plat Sook 43 Page 39 af the Public Records of Pinellas County, Florida. ' ICEN BURKE, CLERK QF CQURT Also known as: 2715 Woodring Drive PINELLAS COUNTY FLORIDA Clearwater, Florida 33759 ONST# 2D11252996 09/23l20;� at ��:25:,M OFF REC BK: 17362 PG: 2236-2238 DocType:AGM RECORDING: $27.00 and �..�.��, WHEREAS, the Ownex desires to connect ta the City sewer maui and is agre���o signtxig an ' Agxeement vvith the Ciry fox municipal sewer service; and WHEREAS, the City is agxeeable to furnishing sewex service upon certain conditions and cansidexations; NOW THEREFORE, the paxries hereta hexeby covenant and agree as £ollows: �. The City agtees to ptovide sewer serv'ice, subject to the texms of thi.s Agreement, and to pexmit the Ownex to connect to its sewex main at the Ovanez's expense. 2. The Owner agrees: . a) to pay the appropriate annexation fee when this Agreement is submitted for processing; b) to pay normal sewet connection charges and monthly sewex service chaxges to the City on the same basis as sewer users autside the municipal boundaries are charged, as set out in the Cade o£ Ordirzances o£ the City, until the pxoperty is annexed; c) that all tec�eation land, recxeation facilities and open space land dedicatian and fees will be due upon annexation in an amount and manner as prescribed in Sectians 116.40 through 116.51, Cade of Oxdinances. In particular, the owner shall either: (1) pay the reqtxixed recreation facilities fee if this is the only fee xequited at the time this Agxeement is submitted £or processing, or (2) place in escrow a deed txansfexring tide to land or a promissory note made payable to the City of Clearwatex, ox both as required, such deed and pxamissory note, capies af which axe attached hereto as Exhibit A(if applicable) to be conveyed or paid pridr to the secand oxdinance xeading e£fectuating the annexation of the subject propexty; (d) that at such time as it becomes possible for the Ciry to annex said zeal prope�ty, tl�is Agreeznent will constitute an applicatian to annex at that time, and the City will have the tight to initiate action to annex the pxo�e�ty to the City; (e) that it is to the mutual benefit o£ the Owner and the City, in recogtxitian of the eventual incorpoxation of the pxopexty within the City, to have site and building plans xeviewed and accepted by the City in advance of obtaiuiug anp reyuisite penmit from Piuellas County. Acceptance af such plans shall precede the execuiion of this A.greement bp the City and anp consttuctian on this properiy shall camply with the applicable building and fire codes in effect in the City of C.�eatwater; (� tbat all o� the property desc�ibed above shall be deemed a single parcel subject to ann��ation as provided herein, and any subparcels af the pmp�► described above which ate c:reated by subdivision or by anp other mieans shall be included for the purposes of the subsequent annexation procedure, subsequent sale and individual ov�nership notwithstandin� (;� that the terms and provisioas o£ the Agteement shall be commitmeat and obligation which shall. not onip bind the present owner of said desctibed real property, but shall bc a covenant which shall � with the land and shall bi.nd and be enfoxceable agaiust the heirs, success�rs and assi�ns of the O�n�er; and (h) if the �avnex ar the hei=s, successors, aud assigns of the Owner, shall defaul.t in the petforn�a.nce of the terms and pxov�isions of this Agreement, a�d the City shall institute legal proceedin.gs ta enforce the terms and provisions hereof, the Owner or the heirs, successors, an.d as�� s of the Oarner shall pay all costs o£ such proceediztigs including the payment of a reasonable attoan�y's fee i� connection there�avith. 3. The City shall not be liabl.e for any datnage resulting fmm any unavaidable cessatioa of setvice caused. by Act of God, necessarq maintenance wark, or aap cause beyond the cnntml of thc City. 4. All notices to be fu.mished hereunder shall be fixmished ta the City of Clea�.watex, to the City Managet, P.O. Box 4748, Clearwater, Floxida, 34618-4748 and to the �ner at the post office address foz the propertp described above, at anp other address which map be futnished by the �wnex from time to time, or at the address fot the Owner accordi,ng to the property ta� mlls of Finellas County, Florida. 5. T'his Agzeement shall be recarded in the public records of Pinellas Cawnty, Floxida. IN WITNESS V il HEREOF, the parCies hereto ha�e caused this Agree,nnent to be executed the dap and yeax fitst above written. WITNESS AS TO OWNER: �1 `v��. �Q.�l� O�J•.�� G V -� U av��- � �� �..� �l � `r� STATE UF FLORIDA ) COUNTY OF FINELLAS ) � ,. ; . /� - ��-r .;► - �, - The £o=egoing instnunent was acknowledged before me this �"� ' �`� � b nz Vice Fre�ideat of C 5 G Eitterptises, Inc., on beha�lf of t6e corpora ��n. He is personally know`to me has produced � ----- ES5 �„� o seal thi.s ��-�t day of ��C S� 20 �� % r ha�.."7.` �i�ta1 v � � aun a�i Notaty Nsme (pxint/t9Pe) �� ��l ���� � � My ca+rn��an �vrrs � � a,�so,. Mp Comuuission Expires: � � �►r.� • � 2 C�TY UF CLEAR'WATER, FLURIDA By: �C•�c�c.",�, � � Wi7.liam B. Hame II C;tty Manager STATE OF FLORIDA ) COUNTY OF PINELI.A.S ) ,r� Rosemaxae Call Citq Cletk BEFORE ME pe.tsanally appeared William B. Harne TI, the Citq Manager of the above-named Citp, who acknowledged th�.t s�e e�ecuted the foregoiug instrum.ent �is pexsonally knvwn to nne and did not take an aath. �'`�' mp hand and o£ficial seal this ��� day o� _�� ��e.��_, �� �__�__._. . Notary Public �� � � Natary Naine (print/type) f ~ Mq Commission F..xpires: b Appraved as to fo�m: � - -�� L.eslie Do - es Assist�nt City ttomep S/Farsn - Annexatian Agreement 1410.0029 revised U4/25/97 i� SAND� HA�G�R MY COMD'tISSION # D p 201291 EXPIRFS- ]anuatY p. Nawn' n�'aum A�• �O• �_g�p. .NC]1'ARM