SANITARY SEWER (3)
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AGREEMENT
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THIS AG~EEMENT, made and entered
~ ~. , ' 1990, by and between
into this -1 ~ day
CATHERINE A. THOMSON
of
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of
153 S. HACKETT ROAD. WATERLOO. IOWA 50701
, hereinafter
referred to as "Owner," and the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "City;"
WIT N E SSE T H:
WHEREAS, the Owner presently owns the real property described
herein, and has requested that the City install a sanitary sewer
line and facility to make sanitary sewer service available to
serve the property and that the Owner be permitted to tap into the
sanitary sewer line upon installation; and
WHEREAS, the Owner is agreeable to have the City of
Clearwater complete said special improvement and upon completion
thereof to have the City immediately file a lien against the
property in the amount of their pro rata share of the cost of
installation of the sanitary sewer line and facility; and
WHEREAS, the City is willing to install the sanitary sewer
line and facility to serve the property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises
and other good and valuable considerations, the parties hereto
agree as follows:
1. The Owner agrees that the City may immediately commence
and complete the installation of .a sanitary sewer line and
facility to serve the real property owned by them, legally
described as follows:
Lot 14, Block 3, Virginia Groves Terrace, 3rd Addition
as recorded in Plat Book 37, Page 74, of the public
records of Pinellas County, Florida.
Known as: 2718 Terrace Drive North
Clearwater, Florida 34619-1919
and that upon completion of said work that the City may
immediately file a lien against the real property in the amount of
$935.90
,
which is the Owner's pro rata share for the
installation of the sanitary sewer line and facility.
Said lien
shall provide that it may be paid in ten equal annual payments in
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the office of the City Clerk with interest at the rate of 8% per
annum from the date of the lien until paid and in case of default
in the payment of said minimum annual payments, together with the
interest thereon, that the City may take immediate steps to
enforce said lien by foreclosure or other proceedings. Said lien
shall also provide that if the City is required to enforce the
collection thereof by foreclosure or other proceedings , that the
Owner shall be responsible for the payment of legal fees and all
costs of said proceedings.
2. The Owner by this Agreement specifically grants unto the
City of Clearwater a lien in the amount set forth in Paragraph 1
above, which is the Owner's pro rata share for the installation of
the sanitary sewer line and facility against the above described
real property and waives all requirements for and entitlement to
the conduct of and notice of any public hearing by the City of
Clearwater for a special improvement assessment against their
property for the installation of said sanitary sewer line and
facility. The Owner further agrees upon the request of the City
to execute all additional instruments, if any, which may be
required to formally grant unto the City a lien against their
described real property.
3. The City agrees to permit the Owner upon the completion
of said installation to connect to the sanitary sewer line under
the same conditions as other owners are permitted to do so.
4. This Agreement shall be binding upon the heirs,
administrators, personal representatives, successors and assigns
of the parties hereto and a copy thereof may be immediately
recorded in the Public Records of Pinellas County, Florida, by the
City so as to serve as notice thereof to all other persons.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the date first above written.
Witnesses:
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C therine A. Thomson
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Ri a Garvey
Mayor-Commissioner
By:
CITY OF CLEARWATER, FLORIDA
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Ron H. Rabun
Ci ty Mana<;J~z;.,.
Approved as to form
and correctness:
Attest:
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By:
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h~a._E. Goudea..\1'':<- ~
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STATE OF IOWA )
COUNTY OF BLACK HAWK )
BEFORE ME personally appeared
Catherine A. Thomson
, to
me known to be the person described in and who executed the
foregoing Agreement, and acknowledged that she executed the same.
WITNESS my hand and official seal this
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day of
~~"
, 199~ .
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My Commission Expires I .'
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Ron H. Rabun, M. A. Galbraith,
Jr., Cynthia E. Goudeau, and Rita Garvey, to me well known, and
known to be the individuals described in and who executed the
foregoing instrument as City Manager, City Attorney, City Clerk
and Mayor-Commissioner, respectively, of the City of Clearwater,
Florida, a municipal corporation, and that the seal affixed to the
foregoing instrument is the City seal of said City and the said
instrument is the free act and deed of said City.
c;)OYA
WITNESS my hand and official
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seal this
day of
, 19 90
My Commission Expires:
~;rrt1olary P~blic, Stak of l:bid,j
My Commission, EJ:pin:;s P.pril 2'0, 1'~1'~
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