SEWER ONLY - NORMAN C. RILEY AND JOANN W. HALL
~
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200549069312/09/2005 at 02:13 PM
OFF REC BK: 14794 PG: 1880-1882
DocType:AGM RECORDING: $27.00
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,
AGREEMENT
(Sewer Only)__________
THIS AGREEMENT, made and entered into this 3D ~ day of
{\OJ\.J..VYY\.~ , 20 ~ hy and het\\lel'n the CITY OF CLEARWATER, a municipal corporation,
hereinafter referred to as "City," and Norman C. Riley and Joann W. Hall 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:
Lot 30 & S. 1/2 of Lot 31 , Pinellas Terrace according to the map or plat thereof as
recorded in Plat Book 49, Page J;~, Public Records of Pinellas County, Florida.
Also known as:
17.:/2 O\\len Drive
C1e;l1\\i;lter, 1"lorld;1
))7')()-.1.:/-l-1
;1 III I
WHEREAS, the Owner desires to COllllect to the City sewer main and is agreeable to signing an
Agreement with the City for mllllicip;ll se\ver service; and
WHEREAS, the City is ,1gree;dlle to furnishing sewer service upon certain conditions and
considerations;
NOW THEREFORE, the parties hereto herehy cO\'Cnant and agree as follows:
1. The City agrees to provide sewer slT\'ice, suhject 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 appropri;lte annexation fee when this :\greement is submitted for processing;
b) to pay nornul sewer cunnection charges ,Ind monthly sewer service charges to the City on the
same basis as sewer users outside the mlll1icip;tl boundaries are charged, as set out in the Code of
Ordinances of the City, until the property is ;mnexed;
c) that all recreation land, recreation f;lCilities and open space land dedication and fees will be due
upon annexation in ,Ill amount and manner as prescrihed in Sections 116.40 through 116.51, Code of
Ordinances. In particuLlr, the owner sh;llleitlll'r:
(1) P,IY the re'luired relTe;lti()fl flCilitics ~-Ct' I~- this is the only fee required at the time this
Agreement is submitted for processing, or
(2) place in escrow ;1 deed tLlI1s~-crrlng mil- to I:1nd ur ,1 prumissory note made payable to the City
of Cleaf\vater, or both ;IS rellulred, such deed ;md promissory note, copies of which are attached hereto as
Exhibit 1\ (if ;lpplicabk) to be conH'ynl or p;l1d prlllr to the second ordinance reading effectuating the
annexation of the subject property;
(d) that ,It slIch time as it bec( lt1WS possil >Ie for the City to annex said real property, this
Agreement will constitute an application to ;lI1nex ;It that time, and the City will have the right, upon sixty
(60) days written notICe to the property 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 \vithin the City, to IL1\'C site ;lIld building plans reviewed and accepted by
the City in ildvancc of obLlining any requisite permit from PinclLts County. Acceptance of such plans shall
precede the execution of this !\greement by the City and any construction on this property shall comply
with the applicable building and tire codes in effect in the City of Clearwater;
(t) that all of the property described "thove sh,llI be deemed a single parcel subject to annexation
as provided herein, and any sub parcels 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;
(e) that the terms i1l1d 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 ilg,linst the heirs, successors and assigns of the
Owner; and
01) if the Owner or the heirs, successors, i1l1d assigns of the Owner, shall default in the
performance of the terms and provisions ot' this .\greement, and the City shall institute legal proceedings
to enforce the terms and provisions hereot', 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 li;tble t'or any d:lIll;lge resulting from any unavoidable cessation of service
caused by Act of Cod, necess',lry mainten:ll1ce work, or :lIlY cause beyond the control of the City.
4. All notices to be furnished hereunder shall IlC furnished to the City of Clearwater, to the City
Manager, P.O. Box -P..j.H, Cle:lI\v:ltLT, l'Iorid:t, 337.=iH-..j.7..j.H and to the Owner at the post office address for
the property described :tboH\ :It any other address which may be furnished by the Owner from time to
time, or at the address for the (hvner an:( lnling to the property tax rolls of Pinellas County, Florida.
5. This Agreement shall be recorded in the public recurds of Pinelbs County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
W~A.STO.O\\'NER:
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DOU Ct.-A S . s. K (;,
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE 1\1[': personally appeared Norman C. Riley and Joann W. Hall, to me known to be
the individual(s) described in and who executed the foregoing instnJlnent and severally acknowledged
before me that they executed the same for the purposes herein expressed; and that said instrument is the
free act and deed of said individual(s).
OWNER:
~e7j~
. ormaa::: /;u. fda.~
~w.Hall ~
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\,IITNESS my h:md and oftlcial scal this l~ da)' of OC-TO ~Eft-
9~ J, ~
,2000 .
Notary Public
Notary Name (pnnt/type)
My Commission Expires:
/IJ bP..MfV'I C ft\LE'I
FL. \':)2. LolL.. ~4DU - b;L~ - 36,- 106 - ()
:rDANV w- H A \.L
FL. \)A.. \. \ c.. H 40" - "B 1 - ~ \.{ -'80 l - 0
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CITY OF CLEARWATER, FLORIDA
By:
~~~
William B. [[orne 11
Il,ttlil"l. City l'vLmager
Attest:
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Cynthia E. Goude{tu
City Clerk . .
STATE OF FLORIDA)
COUNTY OF PINELLAS )
BEFORE I\fE personally appeared Willi:lm B. Ilorne I I, the Iflf{<Jri~ City Manager of the above-
named City, who acknowledged t1ut he executed the foregoing instmment. He is personally known to
me and did not take an oath.
Notary Puhlic
Notary Name (print/type)
..:i}LJ d"YOf~AJ ,zoGl.)'
My Commission Lxpin's:
~'( P,,~ Denise A. Wilson
t~\.'("'. Commission # 00296233
~_ \)J Expire. & June 16, 2006
~ OF ,sr- Bonded Tloy 'eln .11lIIIIIl1llII. I.... 1QG48Io701g
Leslie Doug~lll-,' d s
Assist,mt City Attorney
S/Form - i\nncxation ,\greemen t 1-1- )(I.002<J
revised 0-1-/25/97
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