SEWER - MICHAEL L AND MARSHA H DYER TRUSTEESR
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KEN BURKE, CLERK OF COURT
ANC COMPTROLLER PINELLAS COUNTY, FL
lNST# 2012332858 1'i;1512013 at 10:48 AM
OFF REC BK: 17785 PG: 663-665
DocType:AGM RECORDING: $27.00
AGREEMENT
A.T.A. 12-02-51:19
THIS AGREEMENT, made and entered into this �_ day of �7t�-u.�nc �-C� ,
20 � by and between the CITY OF CLEARWATER, a municipal corpoxa on, hereinafter referred to
as "City," and Michael L and Marsha H. Dyer, Trustee's hereinafter referred to as "Ownex";
WITNESSETH:
WHEREAS, the Ownex now owns the following described real property, located outside �the
municipal boundaxies of the City of Clearwater:
Parcel ID#: 09 /29 /16 /45108 /000 /0200
Lots 19 and 20 , K�.�ok Forest accord.ing to the map or plat thereof as recorded in F'lat
Book 47 Page � of the Public Records of Pinellas County, Florida.
Also known as: 1210 Kapok Bove Court
Clearwater, Florida 33759
and
WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signing; an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agteeable to furnishing sewer service upon certain conditions and
considerations;
NOW THEREFORE, the parties hexeto hexeby covenant and agxee 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 sewer main at the Ownex's expense.
2. The Owner agrees:
a) to pay the appxopriate annexation fee when this Agreement is submitted for processing;
b) to pay normal sewer connection charges and monthly sewer service charges to the Ciry on the
same basis as sewer usexs outside the municipal boundaries are charged, as set out in the Cod�z 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 due
upon annexation in an amount and manner as prescribed in Sections 116.40 through 116.51, CodE: of
Ordinances. In particular, the owner shall either:
(1) pay the requixed recreation facilities fee if this is the only fee requixed at the time this
Agreement is submitted for processing, or
(2) place in escxow a deed transferring tide to land or a promissory note made payable to the City
of Clearwater, or both as required, such deed and promissory note, copies of which axe attached hereto as
Exhibit A(if applicable) to be conveyed ox paid prior to the second oxdinance reading effectuating; the
annexation of the subject pxoperty;
(d) that at such time as it becomes possible for the City to annex said real property, this
Agxeement will constitute an application to annex at that time, and the City will have the right to in:itiate
action to annex the pxoperty to the City;
(e) that it is to the mutual benefit of the Owner and the City, in recognition of the evenitual
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 Pinellas Counry. Acceptance of such plans shall
1�
precede the execution of this Agreement by the City and any construction on this property shall comply
with the applicable building and fixe codes in effect in the City of Clearwater;
(� that all of the property described above shall be deemed a single paxcel subject to annexation
as pxovided herein, and any subparcels of the pxoperty described above which are cYeated by subdivis:ion
or by any other means shall be included for the purposes of the subsequent annexation procedure,
subsequent sale and individual ownership notwithstanding;
(� that the terms and provisions of the Agreement shall be commitment and obligation wh:ich
shall not only bind the present owner of said described real property, but shall be a covenant which sliall
run with the land and shall bind and be enforceable against the heirs, successors and assigns of the Own.er;
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 proceedi�igs
to enforce the terxns and pxovisions hereof, the Owner or the heirs, successoxs, and assigns of the Owner
shall pay all costs of such proceedings including the payment of a xeasonable attorney's fee in connecti.on
therewith.
3. The City shall not be liable fox 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 heYeundex shall be furnished to the City of Clearwater, to the C;ity
Manager, P.O. Box 4748, Clearwater, Florida, 34618-4748 and to the Owner at the post office addtess for
the property 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 Agxeement shall be recorded in the public xecords of Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day ,�ind
yeax first above written.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
OWNER:
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Michael L. Dyer
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BEFORE ME personally appeared Michael L. and Marsha H. Dyer, Trustee's, to me known
to be the individual(s) described in and who executed the foregoing instrument and sevemally
acknowledged befoYe me that they executed the same for the purposes herein expressed; and that said
instnunent is the free act and deed of said indiridual(s).
hand and official seal this � day of , 20 �� .
Notary Public
Notaxy Name (print/type)
My Coininission Expires:
Sandra. T . Sandmeyer
C�m�ri::;siol += DD942086
THRU ATLANTIC BONDING CO., ING
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CITY OF CLEARWATER, FLORIDA
By: `�� ���u,rr.- !-� .>
William B. Horne II
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
BEFORE ME personally appeaxed William B. Horne II, the City Manager of the above-nam.ed
City, who acknowledged that she executed the foregoing instrument. She is personally known to me a�nd
did not take an oath.
WITNESS my hand and official seal this s`� day of �DVe-��1�� , 20 1 Z __
f� , n �
Notary Public
Notary Name (print/type) �r-
My Con�unission Expires: 11 �l 1�(D
A pr ved as to form:
Leslie Douga Si es
Assistant City torney
S/Form - Annexation Agreement 1410.0029
revised 04/25/97
SANDRA HARRI<aER
NOTARY PUBLIC
STATE OF FLORII[)A
. � . Comm# EE14223Ft
E�ir+�s 1/4�/Z016