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SANITARY SEWER (25) " " .,. I I AGREEMENT ~.' THIS AGREEMENT, made and entered into this .L day of ~l(~::o-..~~ , 19 % I , by and between Charles R. White, Sr. and Joan A. White, his wife, of 3139 JohnTs Parkway Drive, Clearwater, Florida, hereinafter referred to as nOwner,TT and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as TTCity;TT WITNESSETH: WHEREAS, the Owner presently owns certain real property situated in the City of Clearwater Service Area, as described herein; and WHEREAS, the Owner has requested the City to install a sanitary sewer line and facility to make sanitary sewer service available to serve their property and that they 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 their property in the amount of their pro rata share tif the cost of installation of the sanitary sewer line and facility; and WHEREAS, the City is willing to install the sanitary sewer line and facili~y to serve the property under certain conditions; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable considerations, the parties hereto covenant and 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 8, JOHNS PARKWAY SUBDIVISION, according to the plat thereof as recorded in Plat Book 29, Page 41 of the Public Records of Pinellas County, Florida -1- nil \,.,~., r ,J ~":I"~ f\, , ) t'V-J':: ;,,-""'--' f " 9/'1;/;" /',r ,,"""" , C'/ i' '", u{ '-9'" ( i (/5) '" I t known as: 3139 John's Parkway Drive, Clearwater, Florida and that upon completion of said work that the City may immediately file a lien against the real property in the amount of $1,004.25 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 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 legal 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 hereby 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 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. -2- I I IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. Witnesses: .~~ ~ ~ t!~WM~_ (SEAL) ~ v:)/~'1i-eu/ /Y. Charles R. White, Sr. //) 1 ./ / ~' '",',. . A ~~Is1 -. >1 J ! Joan A. White 0/ (SEAL) ~_ /., . CITY OF CLEARWATER, FLORIDA /&(/~Wr~~ .~~BY As to City Attest: , ~ .~ . Approved as to form &. correctness: ~ f\/ c;~..., -;f~ ' " .~'-_/':'- \ '1 A .~~~. -~-.Q~, ~. ,- '. . -- ~ : ,.~ ~ CityC~rk::.... .,....-. ..-. ~._-' ,','.' City Attorney Mayor-Com missio -3- .c I Ii STATE OF FLORIDA COUNTY OF PINELLAS ) ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Charles R. White, Sr. and Joan A. White, his wife, to me known to be the persons described in and who executed the foregoing Agreement and acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid ci. this j S - day of ()J~ , 19-KL. '--~_a/MA::-R4/A" ~~~~~~'~"-"':~"_ Notary Public .", ,',. , ..: ----.: My Commission Exoir, eS:n ". ('.,.*" "f. r"'.;f~" tiotary r(;.L!~~(, ~.1.i,j",';'; ...,,1 iI C'.,IU~'~,~", . ....~. ""~'') My Ccmmissmjj .::,p1rr,,$i.U1j. ("'.I"f) Bonded T:,'lfU ft..~,y rOlln " 1,):,.-.:.;]".:;,), Inc. STATE OF FLORIDA ) COUNTY OF PINELLAS ) I HEREBY CERTIPY that on this 9tL- day of ~.tc..~J) 199, before me personally appeared Anthony L. Shoemaker, M. A. Galbraith, Jr., --.:: ~, ~ -~ Cynthia E. Goudeau, and Rita Garvey, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in and who executed the foregoing Agreement and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said Agreement is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. '- ~ ,- -, . /2 I.-. '~". '/' ~~~cJ- 't~~_ No Pu~c ~-: " , " My Commission Expires: ./ .: G'~'-~dry ~:"u~,,'~~i:, S{2'~C cf f{)~~d~ My CClilmISSI(;!l h"IPS Jul'v .'l.' 1:'.,,, .-'" 1'-, L..'L'.,~ '~ ~C>l1ded. Th~u, J.roy tCi;n - InsUr<:lllCG, Inc. -4-