SEWER ONLY - ANTONIO CILIENTO AND SILVANA CILIENTO
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A G R E E MEN T
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(Sewer Only) .
Revised
November 24, 1986
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872621.. 73
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THIS AGREEMENT, made and entered into this /~ day of
C)~+ob€r
. , '19 ~7 by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City" and
, ,.."Cl, S c..,
AntonioCilien toa.nd" Sil vanta Ciliehto
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her~inafter referred to as "Owner";
WIT N E SSE T H:
.''_.___'_____._u___.___~~,~~~AS, the Owner now owns the following described real
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'property, located outside the municipal boundaries of the City of
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La r ~. c..,. c::, . e..- .
l.:H 22,. Ell.: I&- of Glen Ellyn 'Es'.t?tes. according
to the plat thereof asrecorded,in Plat Book 34,
Page 32, of the Official Records of Pinellas
County, Florida.
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Clearwater:
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OCT 20
2 52 PH '81
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and
vlHEREAS, 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
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~ WHEREAS, the City is' agreeable to furnishing sewer service
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~.~ upon certain conditions and considerations;
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~ffi-~ . NOW, THEREFORE, the parties hereto hereby covenant and agree
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i2-~~ a: as follows:
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<(. 1. The City agrees to provide sewer service, subject to
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a.....iJ5the terms of this Agreement, and .to permit the Owner to connect
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to its sewer main at the Owner's expense.
to~:"pay.'theappropriate annexation fee'
Agreement is submitted for processing;
(b) to pay normal sewer connection charges
charges to,the,c;ityon the same basis
the municipal boundaries are charged, as set out in-
the Code of Ordinances of the City, until the proI>erty.is
CeL'. en.~
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open space land "dedication and feerwill be due upon annex-
ation in an amount and manner as prescribed in Sections 116.40
(c) that all recreation land, recreation facilities and
th~'ough 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 mad~ 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 subj ect prop.erty;
(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
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right, upon sixty (60) days written notice ~ the property owner,
initiate action to annex the property to the City;
(e) that it is to the mutual benefit of the Owner and
City, in recognition of the, eventual incorporation of the
.
property within the City,' to have site and building plans
1-
;
reviewed and accepted by the City in advance of obtaining any
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;
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that all of the property described above shall be
subj ec.t. to annexation_as provided herein,
. .'---
property described above which are
created by subdivision or by any other means shall be included
purposes of the subsequent annexation procedure,
~d_"---subsequ~nt sale and individual' ownership notwithstanding;:.::2.:..~
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that the terms and provisions of this Agreement
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shall be a commitment and obligatio.p 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. t;.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, 33518, 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.
.
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I , n .k' 660.5 '~[t 80
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~ ",' IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and first above 'I
year wn.tten.
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Witnesses as to Owner:
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
--1\J<ou S'l
Subscribed and sworn to before me this 2~~day of
19~.
--~,c.,.-",'MY'Cqmm,issionExpires :
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. '".' " . ,... NO/illy ~)ll~jl(, Sldte of /'Ionda
- ' ~ ,_fit (omIHi~sion:fxPlll'S lan 17, 1988
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Approved as to form and
correctness:
Ci~y Attorney
CITY OF CLEARWATER, FLORIDA
Attest:
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EXHIBIT A
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$200.00
(Two Hundred Dollars)
Clearwater, Florida
Date: R -- --z.- ">~- ~')7
This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
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~~ 22, Blk, 16 of Glen Ellyn Estates according
to the Plat thereof as recorded in Plat Book 34,
Page 32, of the Official Records of Pinellas
County, Florida.
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 money 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 promote 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 the event of any subsequent default.
Each person herein hereby waives presentment, protest,
notice of protest, and 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:
By
1:,~lien 0 'i \0
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/:Silvana Ciliento
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II FORM 104
WARUNTY DELf' <;t""t,1 F'",n.)
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(n. ...... ".,..nOt''' IDeI .'.r.nl.... .....i. .b.1I ... ~0>8I1..ud
I. iDC:luda all Ilrndlrrl and IIn,ubt or plural a. .b. C-Dftua' j"d,io;.....1
Made this
8th
day of
prepa~cl by: Barbara GldJlt.
Ameri~an Title Insurance Co.
3211 U.S. Hwy 19 N., suite 170
Clearwater, Florida 34621
July
1987 ,
IirtIItttn
MELVIN L. BAKER and LINDA S. BAKER, his wife
of the County of
pinellas
,State of
ANTONIO CILIENTO and SILVANA CILIENTO, his wife
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whose post-office address is
of the Gounty of
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P inellas ,State of
Florida
, grantor, and
c..\~o r-.uc-.+e, \=L
Florida
33<;4 ~
, grantee,
mUlttSsrt~: That said grantor, for and in consideration of the sum of $10.00 Dollars, and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, ha,~ granted, bargained and wld (0 the said grantee, and grantee's heirs, successors and assigns forever,
the following described land, situate,lying and being in pine 11 as County, Florida, to-wit:
LOT 26, GLEN ELLYN ESTATES, according to the map
or plat thereof as recorded in Plat Book 34, page
32, Public Records of pinellas County, Florida.
SUBJECT TO 1987 taxes and years subsequent thereto.
SUBJECT TO restrictions, reservations and'easements of record.
and said grantor d('es hereby fully warTant the title to said land, and will defe~the same against the lawful claims of
all persons whomsoever.
In JIIUlttJU1 JIlqrrtof. Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
C~~~LC~'
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}~~IN L. BAffRJ' .
;;lv,...L- ~ (:XL '2.~ (Seal)
LINDA S. BAKER
(Seal)
(Seal)
STATE OF FLORIDA
COUNTY OF P INELLAS
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared
MELVIN L. BAKER and LINDA S. BAKER, his wife
to me knuwn to be the person(s) described in and ,dID executed the foregoing instrunient and acknowledged before me
the execution of same.
WITNESS m. hond ond officiol ,,01 in rio, CO""'. m,d S,"', '":~,"~~~~~ 8 tt~ ~f Ju1 y, 1987
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