SEWER ONLY - ANN M FISCHERr
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AND COTJlPTROLLER PiNELLAS COUNTY, FL
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OFF REC BK: 17989 Pr,: 1717-1719
DocType;qGM RECORDING: $27,p0
AGREEMENT
(Sewer Only)
A.T.A. 13-07-517
THIS AGREEMENT, made and entered into this � CP day of �t.k� , 20�y�,
by and between the CITY OF CLEARWATER, a municipal corporarion, hereinafter referred to as
"City," and Ann M. Fischer 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#: 03-29-15-15840-001-0190
Legal Description: Lot 19, Block "A", Cleardun Subdivision according to the map or �ulat
thereof as recorded in Plat Book 13, Page 47, Public Records of
Pinellas County, Florida.
Also known as: 1253 Union Street
Clearwater, Florida 33755
and
WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to sigiung an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to fuxnishing sewex service upon certain condirions ::�nd
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
OwneY to connect to its sewer main at the Owner's expense.
2. The Owner agrees:
a) to pay the appropriate annexarion fee when this Agreement is submitted for 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 are charged, as set out in the Code of
Ordinances of the City, until the property is annexed;
c) that all recreation land, recxeation facilities and open space land dedication and fees will be c�ue
upon annexation in an amount and manner as prescribed in Clearwater Community Development Code
Chapter 54. In paxticular, the owner shall either:
(1) pay the required recreation faciliries fee if this is the only fee required at the time tizis
Agreement is submitted for processing, or
(2) place in escrow a deed transferring ritle 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 are attached heretc:� as
Exhibit A(if applicable) to be conveyed or paid prior to the second oxdinance reacling effectuating the
annexation of the subject property;
(d) that at such time as it becomes possible for the City to annex said real propexty, this
Agreement will consritute an applicarion to annex at that time, and the City will have the right, with no
further norice to the Owner, to iniriate 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 property 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 �hall
precede the execution of this Agreement by the City and any construction on this property shall com.ply
with the applicable building and fire codes in effect in the City of Clearwater;
(� that all of the property 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 subdivision
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 w�iich
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 institute legal proceedings
to enforce the terms and provisions hereof, the Owner or the heirs, successors, and assigns of the Ow ner
shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in connect:ion
therewith.
3. The City shall not be liable for any damage resulting from any unavoidable cessation of ser�7ce
caused by Act of God, necessary maintenance work, or any cause beyond the control of the City.
4. All norices to be fuinished hereunder shall be furnished to the City of Clearwater, to the (_;ity
Manager, 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 fiirnished 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 parties hereto have caused this Agreement to be executed the day tiind
year ftrst above written.
WIT'NESS AS TO OWNER:
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STATE OF FL IDA )
COUNTY OF PINELLAS )
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BEFORE ME personally appeared Ann M. Fischer , to me known to be the individual(s)
described in and who executed the foregoing instnunent and severally acknowledged before me that they
executed the same for the purposes herein expYessed; and that said instrutnent is the fYee act and deed of
said in �vidual(s). f,�
,'t'n 'a
� WITNESS m han and offi 'al 1 this day of /, p�� / , 20 � 3.
Notary Publi�./
Notary Name (print/
My Cominission Expires:
'i`� I,-n b���y �-e._� � �/7
� Pu1�Nc Staas d Fb^da
KimberlY Loe Lo en
My Commissia� EE 044q39
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CITY OF CLEARWATER, FLORIDA
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By: /.0 ? '.�co �`�c�.
illiam B. Horne II
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
Rosemarie Call
Ciry Clerk
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BEFORE ME personally appeared -' . , the�ity Manager of the above-named
City, who acknowledged that he executed the foregoing instrument. He is personally known to me and
did not take an oath.
WITNESS my hand and official seal this �� � day of IA-T� f�� , 20 �_,_.
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Notary T'ublic `� �
Notary Name (print/type) ����- i°'C`� ��,s�
My Coiiunission Expires: _� ` o�e \ �
Ap ro ed as to form:
w� �
Leslie K. Dougall-Si
Assistant City Attorney
S/Form - Annexation Agreement 1410.0029
REV. 2/27/13
� t r SANDRA HqRRIGER
N07ARY PUBLIC
�' ��A�� OF FLORIDA
��'�'�f 1 � CO�m# EE142238
Expir�s 1/4/2016