SEWER ONLY - MALCOLM HOYLE WOOD JR FAMILY TRUST - MALCOM HOYLE WOOD JR TRE•
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OFF REC BK: 17978 PG: 290-292
DocType:AGM RECORDING: a27.00
AGREEMENT
(Sewer Only)
A.T.A.13-OS-515
THIS AGREEMENT, made and entered into this l$�'` day of I�Prt l , 20 j_�,
by and between the CITY OF CLEARWATER, a municipal corporarion, hereinafter referred to as
"Ciry," and Wood, Malcolm Hoyle Jr. Famil�Trust Wood, Malcom Hoyle Tr. TRE hexeinafter
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#: 03-29-15-83970-000-0340
Legal Description: Lot 34, South Binghamton Park Subdivision according to the map or
plat thereof as recorded in Plat Book 12, Page 81, Public Records of
Pinellas Counry, Florida.
Also known as: 1921 Macomber Avenue
Clearwater, Florida 33755
and
WHEREAS, the Ownex desires to connect to the City sewer main and is agreeable to signinF; 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 parries hereto hereby covenant and agree as follows:
1. The City agxees to provide sewer service, subject to the terms of this AgYeement, and to pexmit the
Owner to connect to its sewer main at the Owner's expense.
2. The 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 chaxges 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 facilities and open space land dedicarion and fees will be due
upon annexation in an amount and manner as prescribed in Clearwater Community Development Code
Chapter 54. In particular, the owner shall either:
(1) pay the required recrearion facilities 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 d�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 reading effectuating the
annexation of the subject property;
(d) that at such time as it becomes possible for the City to annex said real properry, this
Agreement will consritute an application to annex at that time, and the City will have the right, with no
further norice to the Owner, to uutiate action to annex the property to the City;
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City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans s�iall
precede the execution of this Agteement by the City and any construction on this property shall comply
with the applicable building and fire codes in effect in the City of Cleanvater;
(� that all of the pxoperty described above shall be deemed a single parcel subject to annexat:ion
as provided herein, and any subparcels of the property described above which are created by subdivis:ion
or by any other means shall be included for the purposes of the subsequent annexation proced�.zre,
subsequent sale and individual ownership notwithstanding;
(� that the terms and provisions of the AgYeement shall be commitment and obligation which
shall not only bind the pxesent owner of said described real property, but shall be a covenant which slzall
run with the land and shall bind and be enforceable against the heirs, successors and assigns of the Owxier;
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 Agteement, and the City shall institute legal proceedi_ngs
to enforce the terms and provisions hereof, the Owner or the heiYS, successors, and assigns of the Ovcner
shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in connecrion
thexewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessarion of sernrice
caused by Act of God, necessary maintenance work, or anp cause beyond the control of the City.
4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the l':ity
Managex, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at the post office address for
the property described above, at any other address which may be furnished by the Owner from timr� to
time, or at the address for the Owner accoxding 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 parties hereto have caused this Agreement to be executed the day ;and
year first above written.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
OWNER(S):
Malcolm Hoyle ood, Jr. TRE
BEFORE ME personally appeared Malcolm Hoyle Wood, Jr. TRE, to me known to be the
individual(s) described in and who executed the foregoing instnunent and severally acknowledged befor_e
me that they executed the same for the purposes herein expressed; and that said instrument is the free a.ct
and deed of said individual(s).
��'ITNE,��nd and official seal this � day of , 20 �� .
My Coinmission Expires: ��/Z�l�
2
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�.d� °�er� Notary Public State of Florida
Robert Mitchell
M� �; ` My Commission DD92310�
"� oF n°� Expires 09l07I2013
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CITY OF CLEARWATER, FLORIDA
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By: G� � � -�.
William B. Horne II
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Attest:
Rosemarie Call
Ciry Clerk
BEFORE ME personally appeared William B. Horne II, the City Manager of the above-namied
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 �_day of � r` � , 20 %�_,_.
n
Notary Public � �
Notary Name (print/type) � � �
My Commission Expires: ����(,�o
Appr ved as to form:
_ ,
Leslie K. Dougall-Si s
Assistant City Attorne
S/Form - Annexation AgYeement 1410.0029
REV. 2/27/13
3
SANDRA HARRtGEFi.
oe� NOTARY PUBLIC
� o STATE OF FLORIDA
s�H 1�� Comm# EE14223g
E � .F.xpires 1/4/2016