SEWER ONLY - ALPHONSE AND SANDRA G. FRAZIER
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AGREEMENT
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THIS AGREEMENT, made and entered into this
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Revised
November 24, 1986
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OF CLEARWA12R, FLORIDA, a municipal corporation, hereinafter
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referred to as "City", and
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hereinafter referred to as "Owner"j
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WIT N E SSE T H:
WHEREAS, the Owner now owns the following described real
property, located outside the municipal boundaries of the
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Clearwater:
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LOT 8, BLOCK 6, OF VIRGINIA GROVE TERRACE, 3rd ADD.
ACCORDING TO THE PLAT THERE OF AS RECORDED IN PLAT
BOOK 37 PAGE 74 OF THE OFFICIAL RECORDS OF
PINELLAS COUNTY, FL.
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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 servicejand
WHEREAS, the City is agreeable to furnishing sewer service
upon certain conditions and considerationsj
NOW, THEREFORE, the parties hereto hereby covenant and agree
as follows:
1. The City agrees to provide sewer service, subject to
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amJOOO1O the terms of this Agreement, and to permit the Owner to connect
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Ilm'_,_...._, 2. The Owner agrees:
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Agreement is submitted for processingj
(b) to pay normal sewer connection charges and monthly
sewer service charges to the City on the same basis as sewer
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users outsi~e the municipal boundaries are charged, as set out in
the Code of Ordinances of the City, until the property is
annexedj
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(c) tha1all recreation land, recrlation facilities and
open space land dedication and fees will be due upo~ annex-
ation in an amount and manner as prescribed in Sections 116.40
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through 116.51, Code of Ordinances. In particular, the owner
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shall either:
(1) pay the required recreation facilities fee if
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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 tne 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 te the property owner,
to initiate action to annex the property to the City;
(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;
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. . (g) t~al the terms ~nd ~rovis~ons of this Agreement
shall be a comm~tment and obl~gat~on wh~ch sJlll 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
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enforceable against the heirs, successors and assigns of the
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Owner; and
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(h) if the Owner or the heirs, successors, and assigns
of the Owner, shall default in the performance of the terms and
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provisions of this Agreement, and the City shall institute legal
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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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IN WITNESS WHfREOF, the parties hereto ~ve caused this
Agreement to be executed the day and year first above written.
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
Subscribed and sworn to before me this ~ day of
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My Commission Expires:
Notary P~bJi,c, State of Florida at large
My Commlsslun Expires Fe:Jruary 6, liiG
Bonded thru Huckleberry, Sibley &,
JUry~~ Insurl!Oc~ llnd floods! Jn~
CITY OF CLEARWATER, FLORIDA
Countersigned:
Approved as to form and
correctness:
Attest:
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EXHIBIT A I
PROMISSORY NOTE
(Recreation Land, Recreation Facilities and Open Space Land Fees Due In
Addition To and/or In Lieu of Land Dedication)
$ 1.. C> O,(tb
Clearwater, Florida
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This Promissory Note to be made an addendum to the Agreement to
Annex for the following described parcel:
LOT B I BIK. (; t V't.G'r04'A G~O"'€.s TE"IZ(l!.AC~ r;,'f'lO Apo,",. 37 -7'/
The undersigned, its successors, or assigns, or any subsequent
owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the
sum of $ 2.. 0 () LO,j 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.
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One payment of $ ~ 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:
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