SANITARY SEWER INSTALL (46)
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AGREEMENT
THIS AGREEMENT,
made and entered into this
lli~
"7 day
of
l~~
, 1989, by and between CHRISTOPHER S. PIERCE and
SHELLEY J. PIERCE, his wife, 1744 Evans Drive, Clearwater, Florida 34619,
hereinafter referred to as "Owner," and the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "City;"
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 that the City install a sanitary sewer line
and facility to make sanitary sewer service available to serve the 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 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 12, Block 7, Virginia Groves Terrace 4th Addition,
according to the map or plat thereof as recorded in Plat Book
31 , page IS , of the Public Records of Pinellas County,
Florida.
1744 Evans Drive
Clearwater, Florida 34619
and that upon completion of said work that the City may immediately file a lien
Known as:
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 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
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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.
Witnesse., e o~",-d, ~s& ~
(SEAL)
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AJwflcJf(j~ !J.ev'u,=
S'HELLEY J ( CE
(SEAL)
::~y OF fl:;T~ORIDA
~ Manager
Ron H. Rabun
Mayor-Commissioner
Rita Garvey
Approved as to form
and correctness:
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City Attorney ! I
M. A. Galbraith~.
Attest:
By: ~'Wo~.j;J,.:\!?,..,-
CYl'ithia-::E .-Goudeau
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STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME personally appeared CHRISTOPHER S. PIERCE and SHELLEY J.
PIERCE, to me known to be the persons described in and who executed the foregoing
Agreement, and acknowledged that they executed the same.
WITNESS my hand and official seal this
7U
day of
c;7{ ~
, 1989.
My Commission Expires:
NOTARY PUBLIC STATE OF FLIRI'A
NY CORRISSION EXP. FEI.13.1tl2
JOIDED THRU GENERAL liS. UN'.
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V Notary Public .
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STATE OF FLORIDA
COUNTY OF PINELLAS
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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
A ttorney, 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 Ci ty.
WITNESS my
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hand
and
official
seal
this
/#
day
of
, 1989.
My Commission Expires:
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"o.ary 11"' ....,.""...
, ,u"":".,., ',.\: ~2, 199.
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