WATER ONLY - ALLAN M. MCMULLEN - DANIEL R. ROGERS - PHILLIP W. ROGERS
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O.R.o '11 PAGE
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(WATER ONLY)
THIS AGREEMENT, made and entered into this
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, A.D., 19~ by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City", and
Allan M. McMullen, Daniel R. Rogers and Phillip W. Rogers
hereinafter referred to as "O,vner";
WIT N E S S [ T H :
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WHEREAS, the Owner now owns the following descriued real
property, located outside the municipal boundaries of the City of
Clear~ater but within the City of Llearwater service area:
Lot 32, 33 and the eN. 10 ft. Lot 34, Blk. B
Scotia He igh ts Sub. as recorded in Pl. Bk. 10
Page 10 of Pinellas County Records
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WHEREAS, the Owner desires to connect to the City sewer
and/or water main and is agreeable to signing an Agreement ~ith
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the City for !il un i c i pal s e VJ era n d / 0 r wa t e r s e r vi c e s; and
WHEREAS, the City is agreeable to furnishing said services
upon certain conditions and considerations;
NOW, THEREFORE, the parties hereto hereby convenant and
agree as follows:
1. The City does hereby agree to provide sewer and/or water
s e r vi c e s, sub j e c t tot 11 e t e r j!l s 0 f t 11 i s A J r e em en t, and top e r In i t
the Owner to connect to its sanitary sewer and/or dater main at
the Ownerls expense.
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O.R.S141 P~GE 7
The C i t Y s rl all not bel i a b 1 e for any tj a mag ere s u 1 tin q fro rn any
unavoidable cessation of service caused by Act of God, necessary
naintenance work, or any cause beyond the control of the City.
2. In consid~rdtion of the covenants contained in Paragraph
1; ; \'1 rn e d i ate 1 y a b 0 v eon t (1 e par t 0 f the C i t 1" , the 0 VJ n era 9 r e e s :
(a) to pay the appropriate annexation fee when this
Agreement is submitted for processin];
(b) to pay normal sewer and/or water connection charges
a~d monthly sewer service and/or water charges to the City on th~
sane basis as sew~r service and/or water users outside the
municipal boundaries are charged, as set out in the Code of
Or.j i n a n c e s () f the City 0 f C 1 e a rliJ ate yo, F lor i d a ;
(c) that all recreation land, recreation facilities and
open space land dedication and/or fees will be due upon annex-
a t ion i i1 a n a m 0 u n tan d man n era s pre s C r' i :) e din 0 r d i 11 a rl ': e i 1 ;J s .
3128-83 and 3129-83. In particular, the owner shall either:
( 1) P ay the r e qui red r e c rea t ion fa c i lit i e s fee
when this is the only fee required by Ordinance No.
3128-83 at the time this Agreement is sub~itted for
processir1CJ, or
(2) place in escrow such deed transfering title
to land and/or promissory note nade payable to the City
of Clearwater as requir~d by Ordinance Nos. 3128-83 and
3129 - 83, s 11 c h de e d and / 0 r p r;) i'l i S so r y not e, cop i e s 0 f
which are attached hereto as Exhibit A (if applicable)
to be conveyed and/or paid prior to trle second or1inance
rea d i 11 9 : f f e c t iJ d tin 9 the ann e x a t ion 0 f the s IJ b j e c t
IJroperty;
(d) that at such time as it b~comes possible for the
City to annex said real property, this Agreement will constitute
a nap p 1 i cat ion t I) il n n e x a t t hat t i ''1 e, and t fl e C i t Y w ill h a vet h e
right, upon Sixty (60) daysl written notice of the prop'::rty
0\" n e r , to i nit i ate act i l) 11 to ann e x the pro per ty tot he City;
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O.R.S14i P~GE 8
(2) 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
s h all precede t 11 e execution of t his Agreement b j t n: C i t Y d il d any
construction on ti1is iHoperty shall comply \dth the Fire District
requirements as set forth in Chapter Three (3), Standard Building
Code, as duly adopted by the City .of Clearwater;
(f) all property proposed to be subdivided or otherwise
differentiated from the original parcel described in this
Agreement shall b~ treated as a single parcel for the purposes of
the subsequent annexation procedure, individual ownership
not Iv i t h s tan din 9 ;
(g) that the terms and provisions of this Agreement
shall be binding upon its successors and assigns, and the City
shall record this document;
(11) that the terms and provisions of this Agreement
shall be a commitment and obligation wllicl1 shall not only bind
the present owner of said described real property, but shall be
d covenant which shall run with the land and shall bind and be
enforceable against all subsequent owners of said described real
property whether or not it is mentioned in the Deed to said
O\Vners; and
Ii) if the Owner or its successors, or assigns, or any
subsequent o\vner, shall default in the performance of trle ten:1S
and provisions of this Agreement, and the City shall i1stitute
legal proceedings to enforce the terms and provisions hereof, the
Owner, its successors and assigns, covenant and agree to pay all
c 0 s t s 0 f s u C [1 pro c e e din g sin c 1 u din 9 the pay m e 11 t 0 far e a son a b 1 e
attorneyls fee in connection therewith.
3. ;..11 notices to be furnished hereunder shall be furnisrled
to the City of Clearwater, to the City Manager, P.O. Box 4748,
Clearwater, Florida, 33518.
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o.R.S141p~GE 9
I I~ ~JITIJESS ~IHEREOF , the parties hereto have caused t [1 i s
Agreement to be executed ttl e day and year first above written.
CITY OF CLEARWATER, FLORIDA
Countersigned:
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Approved as to form and
correctness:
Attest:
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Daniel R. Rogers
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',_ Phi lip WD Rogers
STATE OF FLORIDA
COUNTY OF PINELLAS
su~ and 1~~ to before Iile thi s 12 day of
, M'y- C'Oli$-:;:S s ion Ex pi re s :
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Not ry
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.,._NOT^~YP~BfiGJ STATE OF FLORIDA
'My <:Crrrmission expires April .14, 1987.
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I PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open
Addition To and/or In Lieu of Land
$200.00 (Two hundred dollars)
LAtlltjll t\
I O.R. (0141 ps ib
S'ace L~nd Fees Due In
Dedication)
Clearwater. Florida
Date:
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This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
Lot 32, 33 and the N. 10 ft. Lot 34, Blk. B
Scotia Heights Sub. as recorded in Pl. Bk.
10 Page 10 of Pinellas County Records
The undersigned, its successors, or assigns. or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 200.00 in the manner herein specified, the amount being
payable in lawful ~oney of the United States of America, to the City of
Clearwater. Clearwater. Florida (mailing address is P.O. Box 4748.
Clearwater, Florida 33518) or at such other place as may hereafter be
designated.
One payment of $ 200.00 shall be due at the time the
property is legally able to annex, more specifically to be paid prior to
the second ordinance reading effectuating the annexation of the subject
property.
The monies herein noted are in satisfaction of the requirements
stipulated in Ordinance Nos. 3128-83 and 3129-83, which seek to ensure
Maintenance of an acceptable level of park lands, open space and recreation
facilities required to pro~ote the health and welfare of its citizens and
visitors.
By signing this promissory note, I, as present owner of said real
property. knowingly waive any right to contest the amount due and further
admit full liability for the said 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 all
subsequent owners of said described' real property whether or not it is
mentioned in the deed to said owners, as stated in the Agreement of which
this is a part.
If default be made in the payment of any of the sums mentioned
herein. or in the performance of any of the agreements contained herein.
then the entire principal sum shall become due and collectible without
notice, and shall bear interest from the date of such default until paid at
the highest rate of interest allowable under the laws of the State of
Florida. Failure to exercise this option shall not constitute a waiver of
the right to exercise the same in th~ event of any subsequent default.
Each person herein hereby waives presentment, protest, notice of
protest, a~d notice of dishonor and agrees to pay all costs. including a
reasonable attorney's fee. whether suit be brought or not, if after
maturity this notice or default hereunder, counsel shall be employed to
collect this note.
OWNER:
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By G:Ofo~ (8 ~f ~d01/c, \.^ , .
Allan M. McMullen ~
gers
Subscribed ctrtd>s,wG...rn to before me this J\ day of )71E ~ 19%.
_ - - _ _ -c NO"'AClY PUBLIC STATE OF FLOf1ID..
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My ~m i s. s.1on: Ex f) t;-i~ s : My commission e1.pIM, April 14, 1 .. L. .
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