Loading...
SEWER ONLY - JASON S. AND REGAN D. MAZZA ~ AGREEMENT (Sewer Only) THIS AGREEMENT, made and entered into this c3D ~day of _vl~ . 2~by and between the CI'IY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and Jason S. and Regan D. Mazza 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: The East 100 feet of the West 383 feet of the North 85 feet of the South 165 feet of the West half of the Northeast 1/4 of the Northwest V4 of Section 16, Township 29 South, Range 16 East. Together with an easement for ingress and egress over the South 10 feet of the following described property: The North 95 feet of the South 1/4 of the Southwest % of the Northeast V4 of Section 16, Township 29 South, Range 16 East. Also known as: 3118 John's Parkway Clearwater, Florida 33759 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 Sections 116.40 through 116.51, Code of Ordinances. 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, upon sixty (60) days written notice to the property owner, to initiate action to annex the property to the City; _ May-21-99 04:2BP P.03 (e) that it is to the mutual benefit of the Owner and rhe City, in recognition of the eventual incorporation of the property within the City, to have site and building plans reviewed and accepted by tht: City in advance of obtaining any requisite permit from Pinellas County. Acceptance of such plans shall precede the exet..utlon of this Agreement by the City and any construction on this property shall comply with the applit..-able building and fire codes in effect in the City of Clc-dfWater; (f) that all of the property described above shall be deemed a single parcel subject to annexation <IS provided herein, and any subpar-eels of the property described above which are created by subdivision or hy any other means sh(\l1 be included for the purposes of the subsequent annexation procedure, subsequent sale and individual ownership notwithstanding; (g) that the terms and provi.<;ion~ of the Agreement shall be commitment and obligation which shall not only bind the present owner of said described real property. but shall he a covenant which shall run with the land and shall bind and he enforceable against the heirs, successors and <lSsigns of rhe Owner; and (h) if the Owner or the heirs, suCCCS!lors, and assigns of the Owner, shall default in the performance of the terms and provisions of rhis Agreement, and the Ciry shall institute legal proceedings to enforce the terms and provisions hereof, the Owner or the heirs, successors, and assigns of the Owncr shall pay all costs of such proceedings including the payment of a reasonahle attorney's fee in connection dlerewirh. 3. The City shall not be liable for any damage rcsulring from any unavoidable cessarion of service caused by Act of God, necessary maimeniUlce work. or any cause beyond the control of the City. 4. All notices ro be furnished hereunder shall be furnished to the City of CleaIW'ater. to the City Manager, P.O. Box 4748, Clc-cUWater, Florida, 34618-4748 and to the Owner at The post office address for rhe property described above, at any orher address which may be furnished by the Owner from time to time, or at the address for the Owner aCCl)rding to the property tax rolls of Pine lias County, Honda. 5. This Agreement shall be recorded in the public records of Pine lIas County, Florida. IN WITNESS WHEREOF. the parties hereto h;.\Vc cilust.:d this Agreement to he executed the day and year first above written. ~ESS AS ,!-"~WNER: Ljh.t'L V~-;;;) ~HO P a/de;' co STATE OF FLORIDA) COUN'lY OF PINELLAS ) BEJ'"ORE ME pCrS(ln~ll1y appeared Jason S. and Regan D. Mazza) to me known to be rhe individual(s) described in and who execured the foregoing instrument and severally acknowledged before me that they execUted rhe same for the purpo:.u..:s h<.:rein (.>xpressed; and that said insm..Lmcnt is the free act and deed of s.ud individual(s). OWNER: ~ Rega . Mazza ;;J.. 7 day of 'H QLf .19~. Not:' ubli ~ \ I Notary Name (prim/type) ~ LV LnrnneS My Commission Expires; 12( 2~/ p).., 00 2- ,,:~;,'.!.';:;,~?, Roberta W Combes g"i~;"r:~ MYCOMMIS?Of,J tI CC799811 EXPIRfS ~:"~~~~,"'''(>'' DeC8mDer 29, 2002 'J:'f,R{,i\;;~" BONDED THRU TROY FAIN INSURANC~ iNC 2 w_ CITY OF CLEARWATER, FLORIDA By: ~~i3_ ~-:ir William B. Home II I 'Ill City Manager Attest: - c:~ G-,. Cynthia E. Goud~ati City Cler~', STATE OF FLORIDA) COUNTY OF PINELLAS ) BEFORE ME personally appeared William B. Home II, the J ~ 'u City 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. j)~ JxJ day ~f !l!r11L~;eJU. 20 oS ~50;J o"..t>-V Pu~<.... Denise A. Wilson ~ ~ C; Commission # 00296233 ~. \)~ Expires June 18, 2008 ~ 01' f"P" BonIled Tnly Fain -Inu"""" In~ 8OQ.385.7019 otary Public Notary Name (print/type My Commission Expires: S/Form - Annexation Agreement 1410.0029 revised 04/25/97 .....-.---. -.. -. w_ .., '~.. ..,u... ....~ C1eltWeter. Fl 33761 TtlI. in,tNfMItt Prep.red by: CoI,"" bird Amerlun Realty Tille Agencv Inc. 24701 US 19 N.. Surte t02 C1lerweter. FL 33163 AATA " 5301.2 Property A......aser. hrcel lclernlflcedOft (Fono) Number!.): 18/2'" 6lO000O12 1 011200 "'ACI"_ _alllNO 1M'" . UIlf Olt IItJ 06."" This Wtu'rlUlty need MtJIle 1M 13l/e dIzy 0/ No.,.mbv A.D. 1"8lJy ERIK D. WILLIAMS Imd FRANCES A. WILLIAMS. HUSBAND AND WIFE herlintlJi" mUtd lhe ,TGlttDr, '0 ) JASON S. MAZZA and REGAN D. MAZZA, HUSBAND AND WIFE whOSf post o./Iic, GddrUl is 3111 ]011.$ Parlcw.y Clttsrwtllu. Flo,"", 33159 hudMfter t:tIlled 1M ,rantft: (Whtrn" IU~ 1I~"in III' ItnllS .,runIO~' /1111 'ZfDIII,,' IIJdMd~ tIlll"~ ptmi" III Mis bu'IWIIWfII..,h. "n". tqal rtptuMmliYf, .." 1Wlf'U of illdMtIuab. 0114l1li SIIUUSO'l MI,ulllll of CfII'I>>rtllton} Witnesseth: TlrtJllM ITdIIUJ'. for tIIIll in consideralion of th, s"", of $10.00 QIld other YGlruJbII consid,rations. r~pl whertof is hutby fIdtnowled,etl. hlTcby ,TtIIIU. bargains. seUs, alimr. rmlis~, r,'lQStfS, conveys tmd CMljinn.s 1l1l1t1 Ill, grtUll" 4U that cert4iJt lD1td nnuue ;11 Pin"'" Cowrty. Slale 0/ Florida. lIll: ~ The Eeat 100 feet Qf the West 383 feet of the North 86 "et of the South 165 feet of the West half of the North8att 1/4 of the Northwest 1/4 of Section 16. Township 29 Soulh, Range 16 East. Together with en easement for Ingr... ...d egr... over the $O\lth 10 feet of the following described property; The North 95 feet of the South 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 16, Township 29 South. Rang. 18 Eest. SCJBJECT TO HI....., "~IU ail ruUN1Ul1U tJf record. Together, wilh fllJ th~ IDlOfll1lls. hendJltJIIItIIU QN/ flPPllrtlltdncu ,herero btlDlllinl or;1I dnywiu appmDinin,. To Have and to Hold, tIrt same in/ee slmple/orewr. And ria, ,rtJntor hucby COtlentmlS wilh said ,ralu lluIl the ,ranlor iJ lawjidty $eited of saitllDNl in/ee fimpu; ,hIIl'M ,ranlor has good ri,1u 11M lawfrd aUlhority 10 SIlllUld co~ said land. and hereby WDTrQntS 1M lilll IQ said lal'fd and wrU defend dr, 101M agairul the llJwful '''''InS Of IIU pInons whomsoever; and rhtu said land is /rte of all tncumbrtJllea, acepr ,aus tJCaui", nWs,qulnllo D<<ember J/. 1997. In Witness Whereof, Ih, said I'dl'llor has signed twl ;sraled rhese p'~rflrs rht day and year first above wrillen. Si,nld. $ldlttJ and deU'IItnt/ in Ih, p,.,mu 0/: $igneture S1C1NtU1'. ERIK D. WlWAMS Printed Sl9nltutl $.".,url Printed SltMlUre SlgNrure Prinhld $iv",v, SIgn..- FRANCES A. WilLIAMS S..,.ture Pmled Slgnaturl STATi OF: ,..1'\1 '''.TV "... ~Iorida I her.by Certify ,ha, on thlt dlv. before me. ill" orr~.t dul~ ...f'hnri7.... "" .......1_..... ""...... ....,. .."'. ........""'"._.."..""""".... .........."'.Hv I#: 2005490702 BK: 14794 PG: 1912, 12/09/2005 at 02:13 PM, RECORDING 4 PAGES $35 . 50 KEN BURKE, CLERK OF COURT PlNELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC9 -,. ~. /'\ \ \ ,~~... ...;~ "j " "~. .\'_M"l..? .:' (\ ~ \".. .....( ., ." ............. 'j . ...., (~A?) , ~ l'H,IS"AGREEMENT, made and entered into this 30 day of ~ '2Q'~S-::by and between the CITY OF CLBARWATER, a municipal corporation, hereinafter referred ~ ~'"G:ity," and Jason S. and Rq;m D. Muza hereinafter referred to as "Owner"; ........ '.".l\ ~ {...... r~-~.~':........., \/ .... ,.{ .,.,,''...,,': .............,..,. AGREEMENT (Sewer Only) /,':\:",>) WIi~, the Owner now owns the following described real property, located outside the munici~i~~~\daries of the City of Clearwater: The EaI,dOO ft:et of the Weat 383 feet of the North 85 feet of dac South 165 feet of the Weat half of the No~eOt~,~;'of the Northwcat V4 of Sectioa 16, T0WD8hip 29 South, Raage 16 East. Topthel' with an ell8e~~~ ~pr iagrcaa and eerca. ovel' the South 10 fect of the followiac deacribcd property: The North 9S fccf'iif.tI1e/South V4 of the Southwcat Y4 of the Northcut V4 of Sectioa 16, TOWII8hip 29 South, Raace 16 n.'&t. ".,,,::' WITNESSETH: ,'.... "\.'~.,. ......!. ( ....,.\.. '".:, <,,:.)"; \,' Also known as: ...........".../. 3118 John's Parkway Clearwater, F10rida 33759 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 pennit the Owner to. connect to its sewer main at the Owne~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 &cilities and open space land dedication and fees will be due upon annexation in an amount and manner as prescribed in Sections 116.40 through 116.51, Code of Ordinances. In particular, the owner shall either: (1) pay the required recreation &cilities 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, upon sixty (60) days written notice to the property owner, to initiate action to annex the property to the City;