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SEWER ONLY - JOHN D AND TAMMY L GRUBBKEN BURRS, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2013361603 11/08/2013 at 09:34 AM OFF REC BK: 18220 PG: 361 363 DocType:AGM RECORDING: $27.00 AGREEMENT (Sewer Only) A.T.A. 13 -45 -555 THIS AGREEMENT, made and entered into this 3 1 day of 62(!..11-11-1-1 , 20i, by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and John D. and Tammy L. Grubb 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- 12060- 001 -0060 Legal Description: Lot 7 and South 15.3 ft. of Lot 6, Block "A" Brooklawn Subdivision according to the map or plat thereof as recorded in Plat Book 13, Page 59 Public Records of Pinellas County, Florida. Also known as: 2068 Poinsetta Avenue Units A and B Clearwater, Florida 33755 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 agreeable to furnishing sewer service upon certain conditions and 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 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 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, recreation facilities and open space land dedication 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 recreation 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 title 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 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 property, this Agreement will constitute an application to annex at that time, and the City will have the right, with no further notice to the Owner, to initiate action to annex the property to the City; (e) that it is to the mutual benefit of the Owner and the City, in recognition of the eventual 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 County. Acceptance of such plans shall precede the execution of this Agreement by the City and any construction on this property shall comply with the applicable building and fire codes in effect in the City of Clearwater; (f) 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 annexation 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 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 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 work, 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 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 and year first above written. WITNESSES AS TO OWNER: - 2%- Witness 1 Sign ture (Print name)Te'n� /'V ' C607f1-\ itne W Signature rint name) e J k) C:f(4(711_ STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this q(11----4day of CCr , 20L3 by John D. d Tammy L. Grubb Notary Public Notary Name (print, type or stamp name of notary) Personally known Or Produced Identification of Identification Pro ced L. bc- ieFS 1. C 5 DANIELLE P. ANTHONY Notary Public, State of Florida Cometission# EE 58757 !11po a rea lanuary26, 2015 CITY OF CLEARWATER, FLORIDA Attest: fram B. Horne II City Manager Rosemarie Call City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of ©C 20 byity Manager of the above -named City. \.,e_r Notary Public Notary Name (print, type or stamp name of notary) Sc f Personally known ✓ Or Produced Identification Type of Identification Produced ed as to form: Leslie K. Dougall- Assistant City Atto S /Form - Annexation Agreement 1410.0029 REV. 2/27/13 sJ SANDRA HARRIGER NOTARY PUBLIC 0 ry - STATE OF FLORIDA s�Nc 1 Comm# EE142938 Expires 1/4/2016