ATA95-07-376 - 1712 ELTRINIDAD DR E�
` �"�5i �y6 0���3�.
/g�'R �o, /y�6 �o,�; f�i�I
!`�/l✓.C:,L�,/%S e0��-s�- �.L.�%
� �=� /�'C -�� 9'3a.� i°�� �a6
AGREEMENT
(Sewer Only)
� ; �� J�
--- - AGREE ENT, made and entered into this�� day of
, 19�:L by and between the CITY OF CLEARWATER, a
municipal corporation, hereinafter referred to as "City", and
Tam Bav Develoqers, Inc.
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:
Please see attached les�al description attached hereto, marked exhibit "A" and Incorporated
herein bv
Also known as: "Winwood Subdivision"
and
�
WHEREAS, the Owner desires to connect to the City sewer main and is agreealile to signing an
Agreement with the City for municipal sewer service; and
WHEREAS, the City is agreeable to turnishing 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 1 16.40 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 require 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;
1
(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 a 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 he 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, 34618-4648 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.
WITNESS AS TO OWNER:
,�� !f l�C �' �l � �G[. � /Z� �`%
STATE OF FLORIDA )
COUNTY OF PINELLAS )
• � ' .�
l. .i'/.�.Il/!..� _�
��"' "` W.�s-L.�,/
BEFORE ME personally appeared .../', �,G'��-�,�'"�nd �T%` ,
to me known to be the individual(s) described in and�who executed the foregoing ins rument 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).
WITNESS my hand and official seal this ���� day of �C , 19�
,��}� � �� �t... �� %�C c �3 x�.��'
Notary Public
7 .¢
Notary Name (print/type) /�ii'l�,fl �• �aC��/rl�'�(
:r.:s.�n+sssvcr.-.svrt...a•a...'ewr;�:.sw:x. •
My Commission Expires: ----
';'�4P.1'1j�"� MY COMMISSION �l CC 18.3�Ib6
_.: .:
' .�;�;; IXPIRES: February7T,�1996
'=%;;�,r �;;:.' Bor�dad rnru hbtary Pudic Undervrritera
+x.-•:-`�.. �::-+r....
CITY OF CLEARWATER, FLORIDA
By: .�5
izabeth . Deptula
City Manager
STATE OF FLORIDA )
COUNTY OF PINELLAS 1
Attest:
. �
Cynthia E. Goudeau
City Clerk
BEFORE ME personally appeared Elizabeth M. Deptula, the City Manager of the above-named City, who
acknowledged that she executed the foregoing instrument. She is personally known to me and did not take an
oath.
WITNESS my hand and official seal this � 7 day of ��;_,r�� 9/�� .
� �.
� ,;�:Y:Py;-. DENISE A. WILSON
Notary Public ,� �0". MY CO�iMISSION N CC 201408 EXPIRES
' ;�.�e : June 18, 1996
Notary Name (print/type� �',�/�f / � ) �� Q;� F;°`' BONDED THRU TROY FAIN INSURANCE, INC.
My Commission Expires: d � ?
Approved as to form and legal sufficiency
�
Pamela K. Aki —
City Attorney
3
. . . . �-�ffr� �i � �� .,
L�GAL DESCRIPTION
THq� pORi1pN QF 1�iE NEMTN t/4 OF 1HE SQl1THWEST i/4 OF SECT10t�
5, TQWNSNIP 29 SOUTN, RANGE 16 EAST, PINELLAS COUNTY,
fLORIDA; BEiNG �lORE PARTICULARLY DESCR�BED AS FOLLOWS:
COMMENCaNG AT �NE NORTNEAST CORNfR OF SA{D SOU1NiN�ST 1/4 OF
SECTION 5; RUN SQQ'18'1fi"W ALOt+fG T�iE EAST UNE OF SAID
SOIiTHWEST 1/4 OF SECTION 5, 8d8.43 FE€T FOR A POINT OF
BEGINNING; THENCE COtJT1NUE SOa'18'16"W ALONG SAlD EAST LINE
524.48 FEET; THE�IC£ RUN N89'40'43`W ALONG TNE NOR1H �NE OF
V�RGlI�IA GR011� TERRACE SUB{NVfSl01�t AS RECORDED IN PLAT BQOK
37, PAGE 29 AND NRGINIA GROVE TERRAC£ FlRSfi ApDITitM1 AS
REC�DEQ IN PLAT 8U0!( 37, PAGE 6Z, 4fi8,aa �EET; THENCE RUN
ALONG THE EAST LiNE OF CARLT(N� TERRACE FlRST At?DITiON AS
RECORDED IN PLAT BOOK 43, PAGE 39, THE FOtiOWING TNREE
COURSES: t�40'18'47"E t24.96 FEET; THENCE N10'0$'S)�E 6Q.40
F�ET; THENCE NOt'08'45"E 344.00 FEET; 1NENCE RUN S89'40'43"E
ALONG �HE SOUTH IJNE 4F DIANE HEiGHTS REPLAT AS RECORQEQ fN
PLAT BQOK 90, PAG� 5, 452.68 FEET TO THE POINT 0� BEGiNN!l�G.
�'o�YT'RIiY�.�'9 S 5'�.� ���a�'s�� .�lo.� .
,�
.
' PINELLA� COUNTY FLA.
OFF.REC.BK 9305 PG 2010
" 78-12 `r
�77 10 1
556-17 r311 Q��� 5794� 321
13 �12 � �est
� 5
� O�`�G 19 6� �s 4s-�so+
��Q � r 1854 � � 30
�6785- 9 �'s r�315� 2 IA E R PL T
l84B
ie�e 60 �ees aass �sas 3 4 5 6 7
6-389 � ! j o� �
2 1812 �` °j �'
� �o r � � � �
6812 � 5962-166. � � � h N h`� 8
r-�e4e ° �83� 16�ess ° � ��ANE TERRACE
5 6404-80 f830 � n n � � 9 W
J836 4♦ 15 16 14� 13� � �.
4 �as� �6104-729 15 12 11 h 10 �
f830 6404-84 14 1827 7 90 5 �
♦
�2-576 l825 182� �
�e2< �s�s � � g o 42/02
�� 2 Z 6� 13 �e�s 8 ?
< s�ao-na, �s�e ,,� �
,1818 � Q 6141-1
Q 1B09 -�
��� N �e�s Q • 12�s�2 ° 9� w
1 O 1B078 � �� �� d' S . �
1806 1806 fB07
♦ � 6219-518 �
� N 6693-2284 �0 � 11 � �
� 60 l801 9 f800 60 �
MORNINGSIDE ° °
n! y�j ' 4 y to �
� � L � � � N 10 �' t
i 4 5 6 7 8 9 > > r
0
� ♦ ♦ ♦ � 3
e� r m � 6853- 2 61 6-1536 4 3 2 j � 8� � 9 ,Z� 2� 22 2
13m ^12 �11 �10 m9 8 7 6 5 �.i 18
N n� tq�� q m q N� 3 � � � a m � e` m° � � m N
a h �
� � f� N �n v7 ��n �V N N N N � N N � � �% c� � N N N
19B9 � � 7 �06, �
TERRACE DR�� � o ° pRIVE
16 i� '�ee tO
66 I765 � 66 ,� � 66 n 1772 p f7B3 16 � � �
� �g 15 N o 16 �� 15 0 16 h 15 0 15 tyez o 1� 15 � o
� 7975-172 ♦ ♦6853-1547 5648-311 ♦ 56p8-2200� ♦5697-2058 Z 1977 � 1777 "+ �
Q8377-337 �♦ 6037-1720 Q f755 f75� � (�j � 15 U Z
c,� 17 d' 14 � 17 14 0 17 �p 14 177f 1 4W f ��e � 17 a; 14 �
J 1759 175, � 5785-1044 ♦♦ 6583-222 � 1753 f764 W �y75-tye � 4 � 1771 � J�92 Z
♦ 6249-1628 t- 5794-1346 ♦�5�60-1176 175f � 548�-��g5 � 1770 l7658 f766 Q
18 C'7 • 1 1 U 13 '►
AGREEMENT TO ANNEX
ATA 95-07-376 PROPERTY DESCRIPTION
OWNER TAM—BAY DEVELOPERS, INC. WINWOOD SUBDIVISION
APPLICANT
ADDRESS Parcel No. 05-29-16-33345-000-0010
05-29-16-00000-310-0200
Section 05 Township 29S Range 16E Atlas Page 264A Site Location