SEWER ONLY - AARON B PETERSENKEN BURKE, CLERK OF COURT COUNT'(, FL
AND COMPTROLLER PINELLA
INST# 2015071g71431 122151 2053 10:46 AM PG:
OFF REC BK:
DocType :AGM RECORDING: $27.00
AGREEMENT
(Sewer Only)
THIS AGREEMENT, made and entered into this un 7 day of -.... t. ? u '2 `t , 20L.
by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter re erred to as
"City," and Aaron B. Petersen hereinafter referred to as "Owner";
A.T.A. 15-08-625
WTTNESSETH:
WHEREAS, the Owner now owns the following described real property, located outside the
municipal boundaries of the City of Cleanvater:
Parcel ID #: 03- 29 -15- 12060- 007 -0090
Legal Description: Lot 9, Block "G ", Brooklawn Subdivision according to the map or
plat thereof as recorded in Plat Book 13, Page 59, of the Public
Records of Pinellas County, Florida,
Also known as:
2035 Poinsetta Avenue
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 thc second ordinance reading effectuating thc
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;
This document is being recorded to correct that certain agreement recorded in Official Records Book 18702, Page 1916 of the Public Records of Pinellas County, Florida on March 9,
2015 to correct th property address.
(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: OWNER(S):
4q.
Witness 1 Signature Aaron B. Petersen
(Print name) // o t),7 ,6z 71'
Witness 2 S' • ature
(Print name) os, -4, motII/ X.-4c/4-"Sr
STATE OF FLORIDA)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this
by Aaron B. Petersen
Notary Public
Notary Name (print, type gf stamp na - of notary)
Personally known
Or Produced Identification
Type of Identification Produced
day of Oec e vA.6 r
,201g,
CITY OF CLEARWATER, FLORIDA
By:
William B. Home II
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this oX/ day of 1' ebttAarli , 20 K
by William B. Home II, the City Manager of the above - named City.
Attest:
X14 Lk-
Rosemarie Call
City Clerk
Notary Public
Notary Name (print, type or stamp name of notary) i �� EXPIRES: October 1, 2018
www.AARONNOTARY.COM
Scott Burrows
`fL COMMISSION # FF164993
Personally known 47'
Or Produced Identification
Type of Identification Produced
Approve as t form:
Camilo Soto
Assistant City Attorney
S /Form - Annexation Agreement 1410.0029
REV. 08/27/13