SEWER ONLY - TED S AND KIMBERLY Y ANDERSON. � �
S�"�'
`�`� �'� A.T.A.13-02-'�12
0
— � AGREEMENT
� — �
99�qTEit.� � (Sewer Only)
THIS AGREEMENT, made and entered into this v'1� day of ✓' it�(12 Z.�� , 20�.=�,
by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as
"City," and Ted S. and Kimberly Y. Anderson hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the
municipal boundaries of the City of Clearwater:
Parcel ID#: 03-29-15-12606-003-0060
Legal Description: Lot 6, Block "C", Brooklawn Subdivision
Also known as: 2084 Lantana Avenue
Clearwater, Florida 33755
and
nrry BuniiE, �:�E�cii OF �ti�1R i
AND COINPTROLLER PiNELL4S COUNTY, FL
;;tiST# 20 �3105314 04;�3f��93 a4 77:dfl Ah9
OFF REC BK: 17947 PG: 179�6-1800
DocType:AGM RECORDING: 527.00
WHEREAS, the Owner desires to connect to the City sewer main and is agYeeable 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 hexeto hereby covenant and agree as follows:
1. The City agtees to provide sewer service, subject to the terms of this Agreement, and to permit the
Owner to connect to its sewer main at the Owner's expense.
2. 'I'he Owner agrees:
a) to pay the appropriate annexation fee when this Agreement is submitted for processing;
-b) to pay normal sewer connecrion charges and monthly sewer service charges to the City on the
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 faciliries and open space land dedicarion and fees will be r.�ue
upon annexation in an amount and manner as prescribed in ClearwateY Community Development Cc�de
Chapter 54. In particular, the owner shall either:
(1) pay the required recrearion faciliries fee if this is the only fee required at the time this
Agreement is submitted for processing, or
(2) place in escrow a deed transferring ritle to land or a promissory note made payable to the C;iry
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 reading effectuating the
annexarion of the subject property;
(d) that at such time as it becomes possible for the City to annex said real pxoperty, this
Agreement will constitute an applicarion to annex at that time, and the City will have the right, with no
further notice to the Owner, to uutiate action to annex the property to the City;
(e) that it is to the mutual benefit of the Ownex and the City, in recognition of the eventual
incorpararion of the property within the City, to have site and building plans Yeviewed and accepted by the
City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans s�iall
precede the execution of this Agreement by the City and any construction on this property shall coxnply
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 parcel subject to annexation
as provided hexein, and any subparcels of the pxoperty described above which are created by subdivisi.on
or by any other means shall be included for the purposes of the subsequent annexation procedL�re,
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 s�iall
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 heixs, successoxs, and assigns of the Owner, shall default in the
pexformance of the terms and provisions of this Agreement, and the City shall institute 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 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 Ciry.
4. All norices to be furnished hereunder shall be fuxnished to the City of Clearwater, to the (::ity
Manager, P.O. Box 4748, Cleaiwater, Florida, 33758-4748 and to the Owner at the post office adcitess for
the property described above, at any other addtess which may be furnished by the Owner from tim� to
time, or at the address fox the Owner accotding to the properiy tax rolls of Pinellas County, Florida.
5. This Agreement shall be recorded in the public records of Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day :�.nd
year first above written.
WITNESS AS T OWNER:
/'��
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P�
AT�EOF F � R DA )�
COUNTY OF PINELLAS )
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Ted . Anderson
1 � �i � C:�rn.�cN
Kimberly . Anderson
BEFORE ME personally appeared Ted S. and Kimberly Y. Anderson, to me known to be the
individual(s) described in and who executed the foregoing instrument and severally acknowledged before
me that they executed the same fox the purposes herein expressed; and that said instrument is the free act
and deed of said individual(s).
1 ,�'^
n, nWITNESS an nd o se this f_ day of l;�' l , 20 � 3.
Notary Public
Notary Name (print/type)
My Commission Expixes: ��aY P�a
BRAT(,'FIER
*� �* MY COMMISSION 0 DD 864422
EXPIRES: �Iay�, y1�4�,�2c�0,,,1,.3.--
N�,IFOF FIOR��' BOAdC� TiNU � "'^°7 � �6
CITY OF CLEARWATER, FLORIDA
By: t�� Q�.� ,�(�.�
William B Horne
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
i� � �
Rosemarie Call
City Clerk
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BEFORE ME personally appeared William B. Horne II, the City Manager of the above-named
City, who acknowledged that he executed the foregoing instrument. He is personally known to me :�.nd
did not take an oath.
WITNESS my hand and official seal this c� 5� day of �(Yl^J.(`� , 20 ��_._.
Notary Public -
Notary Name (print/type) �-�-�-� � �
My Commission Expires: 1 ri � 0 1 �o
A pr ed as to form:
�
Leslie K. Dougall-S' es
Assistant City Atto ,
S/Forxn - Annexation Agreement 1410.0029
REV. 2/27/13
SANDRA HARRI(yER
NOTARY PUBLIC
="+ST�TE OF FLORII�A
`: � �' Comm# EE14223E�
� �� Expires 1/4/2016