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SOLID WASTE ONLY - LOPEZ, GUILLERMO & GLADYS- � , S�,t`L"A°' �, � ,�I� � � �, = o 99�ArE�.`�`'° KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2012009387 01/11/2012 at 04:19 PM OFF REC BK: 17458 PG: 1677-1681 DocType:GOV RECORDING: $44.00 AGREEMENT (Solid Waste Only) A.T.A.11-06-507 THIS AGREEMENT, made and entexed into this � day of �� (3� ��, Q�} , 20 lf _ by and between the CITY OF CLEARWATER, a municipal corporation, hereinaftex xefeYred to as "City," and Guillertno and Gladys Lopez hereinafter refeYred to as "Owner"; WITNESSETH: WHEREAS, the OwneY now owns the following descYibed Yeal property, located outside the municipal boundaries of the City of Clearwater: Parcel No. 03/29/15/12060/006/0150 Lot 15, Block "F" Brooklawn Subdivision according to the map or plat thereof as recorded in Plat Book 13, Page 59 of the Public Records of Pinellas Counry, Florida. Also known as: 2040 Poinsetta Avenue Cleanvater, Florida 33755 and WHEREAS, the Owner desixes to connect to the City sewer main when it is available and is agreeable to signing an Agreement with the City for municipal sewer service; and WHEREAS, the City is agreeable to furnishing sewer service upon certain condirions 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 seweY main at the Owner's expense. 2. The Owner agrees: a) to pay the appropriate annexation fee when this Agreement is submitted fox 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 axe charged, as set out in the Code of Oxdinances of the City, until the property is annexed; c) that all recreation land, recYearion facilities and open space land dedication and fees will be due upon annexation in an amount and manner as prescribed in Secrions 116.40 through 116.51, Code of Ordinances. In particulaY, the owner shall either: (1) pay the required Yecreation facilities fee if this is the only fee required at the time this Agreement is submitted for processing, oY (2) place in escrow a deed transferring title to land or a promissory note made payable to the City of Clearwater, oY both as xequired, 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 oYdinance reading effectuating the annexarion 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 applicarion to annex at that time, and the City will have the right, upon s�ty (60) days written notice to the property owner, to uutiate action to annex the property to the City; (e) that it is to the mutual benefit of the Owner and the City, in recognirion of the eventual incorporation of the properry within the City, to have site and building plans reviewed and accepted by the Ciry in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall ✓ � precede the execurion 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; (� that all of the propeYty 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 owneYShip notwithstanding; (g� that the terms and provisions of the Agreement shall be coininitment 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 insritute 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 connecrion 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 Ciry of Clearwater, to the City ManageY, P.O. Box 4748, Clearwater, Florida, 34618-4748 and to the Owner at the post office address for the propetry 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 paYties hereto have caused this Agreement to be executed the day and yeax f�st above written. AS TO OWNER: �. • �,,..,�.,�,,.. �,�:: �-�� -� �evw�: i-�,� I.v � 1�^:-w.-.n— STATE OF FLORIDA ) COUNTY OF PINELLAS ) OWNER: , -� i sz Guillermo Lopez j`�� �1ca1� �� i� d.� O� U � Gladys Lo `���/ ✓O � '� � BEFORE ME peYSOnally appeared Guillermo and Gladys Lopez, to me known to be the individual(s) descxibed in and who executed the foregoing instrument and severally acknowledged befoYe 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). _ �WITNESS my hand and oncial seal this �_ day of ° , 20�.. . Notary P'tiblic Notary Name (pYint/type) My Commission Expires: pRY P� •, O � MY COMMISSION # EE 023789 *� �* HFP+�ES�-@croii �r9TE0F FlOP��P Bonded ThN Budget No�ry Service3 G .1 .��►� CITY OF CLEARWATER, FLORIDA By: ���T��..�, f� . �'�.,p�--�.t�-�. Willtam B. Horne, II City Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) . �lLOFTpE/!� 1�'"' �i4I�,�', . o s� �' � { �, l r� .:°� � �� ° �,. �'"''�--' ,�� , - �.� Attest: ���:� ,_:�� ,,�' �`� --" ,�.� ,:,��.�,�� � �:�.. :����� n "�sssY ,��;(�llPI3'!�� L(J l 'a.G� Rosemarie Call Ciry Clerk BEFORE ME personally appeared William B. Horne, II, the Ciry Manager of the above-named City, who acknowledged that she executed the foregoing instrument. She is pexsonally known to me and did not take an oath. my hand and official seal this �� Q-� day of �E:�-��1�2;'' , 20 �. Notary Public _ ` Notary Name (pYint/type) � 0. � 0.rn ,-e� My Commission Expires: y ��► � 1�. App oved as to form \ � 7 Leslie Doug ll Sides Assistant Ciry Attorney S/Form - Annexation Agreement 1410.0029 revised 04/25/97 �4�YP� SANDRA HARRiGER y�MY COMMISSION # DD733691 � EXPIRES: January 04. 2012 �oF�� FI. Notaq' Discount Assw. Co. 1.8�0-3-NOTARY ,..