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SEWER ONLY - COSTAS CANOTASC � � �� �,�L � " — o 99�yATE ��� nr� ssi.ir"int, s�c!'s'ri s3F yi�s.iicS A�N�D COqi�AP�jTfiOLLEFt Pryi�NjE�LjLA�Sy Cq�flUqN�TjYi, FL IfVJ�� i��J���1 � VaF/f VJ)ii)�a�1 dL �7'�. iU i�1i OFF REC AGM RECORDING? 32� 00 DocTYPe� AGREEMENT (Sewer Only) A.T.A.13-11-521 THIS AGREEMENT, made and entered into this ��± day of m�-1 , 20 d 3 by and between the CIT'Y OF CLEARWATER, a municipal corporarion, hereinafter referred to as "Clty�" and Costas Canotas hereinafter referred to as ��Owner"; WITNESSETH: WHEREAS, the Owner now owns the following described Yeal pYOperty, located outside the municipal boundaries of the City of Clearwater: Parcel ID#: 03-29-15-83970-000-0540 Legal Description: Lot 54, South Binghamton Park Subdivision according to the map or plat thereof as recorded in Plat Book 12, Page 81 of the Pul:rlic Records of Pinellas County, Florida. Also known as: 1936 North Betty Lane Clearwater, Florida 33755 and WHEREAS, the Owner desires to connect to the City sewer main and is agreeable to signuig an Agreement with the City for mumcipal sewer service; and WHEREAS, the City is agreeable to fumishing sewer service upon certain conditions and considerations; NOW THEREFORE, the parties hereto heYeby covenant and agree as follows: 1. The City agtees to provide sewer service, subject to the terms of this Agreement, and to peYmit the Owner 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 connecrion charges and monthly sewer service charges to the City on the same basis as sewer users outside the municipal boundaries aYe charged, as set out in the Code of Ordinances of the City, until the property is annexed; c) that all tecreation land, recreation facilities and open space land dedicarion and fees will be due upon annexation in an amount and mannex as prescribed in Clearwater Community Development Code Chapter 54. In particular, the owner shall eitheY: (1) pay the requited recrearion faciliries fee if this is the only fee required at the time �:his Agreement is submitted for processing, or (2) place in escYOw a deed transferring ritle to land or a promissory note made payable to the City of Clearwater, or both as Yequired, 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 propexty; (d) that at such time as it becomes possible fox the City to annex said Yeal property, this r,greement will constitute an application to annex at that time, and the Ciry will have the right, with. no further notice to the Owner, to initiate acrion to annex the pxoperry 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 withixi the City, to have site and building plans reviewed and accepted by the City in advance of obtauung any requisite permit from Pinellas County. Acceptance of such plans s]1all pYecede the execurion of this Agreement by the City and any construcrion on this property shall com�ly 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 annexation 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 ownership notwithstanding; (g) that the terms and provisions of the Agreement shall be commitment and obligation which shall not only bind the present owner of said described real property, but shall be a covenant which s11all 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 terxns 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 connection therewith. 3. The City shall not be liable for any damage resulting from any unavoidable cessation of service caused by Act of God, necessary maintenance woxk, or any cause beyond the control of the City. 4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City 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 furnished by the Owner from time; to time, or at the address foY the Owner according to the property tax Yolls of Pinellas County, Florida. 5. This Agreement shall be recoYded 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 TO ���N��� `�. ��� ��� ER(S): ._---�-�—_—_ Costas Canotas � Oc�#�C5.3e? -100 - 3► —paa—�'.) oco� Y2z1 ��3► �e-K-rP `1a� 1 i � STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME personally appeared Costas Canotas, to me known to be the individual{s) described in and who executed the foregoing instrument and severally acknowledged before me that the;y executed the same for the purposes herein expressed; and that said instrument is the free act and deed c�f said individual(s). my hand and official seal this a�� day of �)�-/�.- , 20�. Nota� Public n�,.� Nota Name Yuit e KUg�-� �• �LL�S K-1 ��A �� ��� �' � �ti'P ) Not�ry PtibNe • S� 01 floriY My Commission Expires: ��'% o�% 07 (�/-S � �� ��� ,�� gp�g��� �!f n MdNd Throuph NnbnN Notu�r Aasn. � CITY OF CLEARWATER, FLORIDA By: �,1.� �^� William B. Horne II City Manager STATE OF FLORIDA ) COUNTY OF PINELLAS ) Attest: BEFORE ME pexsonally appeared William B. Horne II, the City ManageY 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 {�-nn � , 20 �___. n, Notary l�ublic " 1�, Notary Name (pxint/type) s��l�y-2�- �3�-i/" � My Cominission E�pires: \ � 4 1�� 11e Approved as to form: . � Leslie K. Dougall-Si e Assistant City Attorney S/Form - Annexation Agreement 1410.0029 REV. 2/27/13 2 �A��R'� H�RRIGER � � N07ARY PUI�UC �, ., ST�rE oF Fl,pRiDq ' Cwr�^y� EE 141238 ��ires 1/4/2016