SEWER - MARSHA DYER AND DONALD HUFFe
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KEN BURISE, CLERK OF COURT
ANC C0161P � Rt3LLE32 PINELLAS C�t�UTY, ��
I�i�fi# ?013332�59 �'t,'l5120'ii at 30:481� :1
OFF REC BK: 17785 PG: 666-668
DocType:AGM RECORDING: $27,00
AGREEMENT
A.T.A.12-01-5�8
THIS AGREEMENT, made and entered into this � day of �(Jut.�K, �1.�1 ,
20 L� by and between the CITY OF CLEARWATER, a municipal corpoxarion, hereinafter referred to
as "City," and Marsha Dyer and Donald Huff hereinafter xeferred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside t:he
municipal boundaries of the City of Clearwater:
ParcelID#: 09-26-16-45108-000-0210
Kapok Forest Lot 21 according to the map or plat thereof as recorded in Plat Book 47:_,
Page 47 , Public Records of Pinellas County, Florida.
Also known as: 1206 Kapok Kove Cir
Clearwater, Florida 33759-3214
and
WHEREAS, the Ownex desires to connect to the City sewer ma.in and is agreeable to sigivng an
Agreement with the Ciry for municipal sewer service; and
WHEREAS, the City is agreeable to futnishing sewex service upon cextain conditions and
considerations;
NOW THEREFORE, the paxties hereto hereby covenant and agtee as follows:
1. The City agrees to provide sewer service, subject to the terms of this Agreement, and to permit t:he
Owner to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
a) to pay the app�opriate annexation fee when this Agreement is submitted for processing;
b) to pay normal sewer connection charges and monthly sewer service chatges to the City on t:he
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 dlue
upon annexation in an amount and manner as prescribed in Sections 116.40 thxough 116.51, Code of
Ordinances. In particular, the owner shall either:
(1) pay the required recreation facilities fee if this is the only fee required at the time tkus
Agreement is submitted for processing, or
(2) pla.ce in escrow a deed transferring title to land or a promissory note made payable to the C:ity
of Clearwater, or both as required, 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 ordinance xeading effectuating the
annexation of the subject property;
(d) that at such time as it becomes possible for the City to annex said real property, tkus
Agreement will constitute an application to annex at that time, and the City will have the right to initiate
action to annex the property to the City;
(e) that it is to the mutual benefit of the Owner and the City, in recognition of the eventual
incorporation of the pxoperty within the Ciry, 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 sYiall
precede the execurion of this Agxeement 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;
(fl that all of the property described above shall be deemed a single paYCel subject to annexatior.� 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 annexarion procedure,
subsequent sale and individual ownexship notwithstanding;
(� that the terms and provisions of the Agreement shall be commitment and obligation whi.ch
shall not only bind the present owner of said described real property, but shall be a covenant which sh�all
run with the land and shall bind and be enforceable against the heirs, successors and assigns of the Owner;
and
(h) if the Ownex 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 proceedv-igs
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 connecti.on
therewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessation of serv:ice
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City.
4. All norices to be furnished hereunder shall be fi�rnished to the City of Clearwater, to the C:ity
Manager, P.O. Box 4748, Clearcvater, Florida, 34618-4748 and to the Ownex at the post office address l:or
the property described above, at any other address which may be furiushed 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 paYries hereto have caused this Agreement to be executed the day a.nd
year fitst above written.
WITNESS AS TO OWNER: OWNER:
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Marsha Dyer
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
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Donald Huff
BEFORE ME personally appeared Marsha Dyer and Donald Huff, to me known to be the
individual(s) described in and who executed the foregoing instrument and severally acknowledged befi_>re
me that they executed the same for the purposes herein expressed; and that said instruinent is the free :�ct
and deed of said individual(s).
my hand and official seal this � d day of �GA�n��� , 20 ��
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Nota ublic ,(� � �J ,;�,�'�� "`'a°�, JEfFREY J.E. SLATER
Notary Name (print/type) e l` S�W�'{.�� =• = Nc�ary Pub��c • St�te ot F�orpl�
y�,, �; My Comm. Expirea Nov 13, 2015
� � y�,q�� N�,•�� Commission N EE 145613
My Commission Expires: U` 1� �'U � S-
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CITY OF CLEARWATER, FLORIDA
By: ,��� - ���� - �1��
William B. Horne II
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
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Rosemarie Call
City Clerk
��A�Of THE ��Al�
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BEFORE ME personally appeared William B. Horne II, the City Manager of the above-narr�ed
City, who acknowledged that she executed the foregoing instrument. She is pexsonally known to me and
did not take an oath.
WITNESS my hand and official seal this ��� day of N�V�rn4j 2r , 20 1 Z.
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Notary Public " � 1 ,
Notary Name (print/type) �•r�c�-t--c•- � t�c'r � G e.�
My Commission Expires: �� 1� blo
Approved as to form:
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:-
Leslie Dougall- d s
Assistant City At rney
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
3
�t Y SANDRA HARRII;3ER
NOTARY PUBLIC
o _ =STATE OF FLORId)A
" . Comm# EE14223E�
s��E �g� Expires 1/4/2016