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SANITARY SEWER (3) '!.. -. I I AGREEMENT , THIS AG~EEMENT, made and entered ~ ~. , ' 1990, by and between into this -1 ~ day CATHERINE A. THOMSON of . 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 /j,,, I ,__;:' I,.,C '- ,'I....P-.~ ,~<- '-, , , ' li;_ ( (( (' {'>c_ ,'.. l t~'; J .. II. /40 '. " .'- ,,-- '~ I I " - ~ ~ 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: ~ alt~ .~l:j{~ C therine A. Thomson -\~~ ~~~ -T~fO~ . ~ ~ .:. .'~~ , , , - . I I "," Ri a Garvey Mayor-Commissioner By: CITY OF CLEARWATER, FLORIDA -!Z7/-z2j Ron H. Rabun Ci ty Mana<;J~z;.,. Approved as to form and correctness: Attest: . . - ' .... --_.-...~..::-- - - ~ ".. /' '. By: ":1 . -,~.....~~.~.. h~a._E. Goudea..\1'':<- ~ c1ei:~_ - . ---- ..' -' 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 \<-- day of ~~" , 199~ . '" ~a~ My Commission Expires I .' ~- 'd.~~o 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 rn~. 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'~ Bonded Thru hav