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SANITARY SEWER INSTALL (10) ~~ - '-" I AGREEMENT I w~ AGR~ENT, mw.l~ and entered into this 02 r~ay of -~//aAJ~ , 19~, by and between Carl G. Davis of 1705 Ludas Drive, Clearwater, Florida 34619, 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 wi II il1gdto 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 ~, Block~, Virainia Groves Terrace, 3rd Addition according to the map or plat thereof as recorded in Plat Book 37, page ~, Public Records of Pinellas County, Florida. Known as: 1705 Lucas Drive Clearwater, Florida 34619 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 of 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 proceedings, that the Owner shall be responsible for the payment of legal fees and all costs of said proceedings. \ fe,'~ to-' ( ',r l .....'> .:-- ".. 2. The Owner bY~hiS Agreement specificallyJgrants 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, administra- tors, 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 ~jec~the date first abovp~ni!JCJ-~ WITNESS Carl G. Davis I ~ 1705 Lucas Drive S ~ I r / ~ Clearwater, Florida 34619 TNESS / E. YUMaA/1 vrlLL Witness Printed Signature STATE OF F&.!llleA #If;ll/es4.n4- COUNTY OF Illl..... (] ~s,e-y The foregoing instrument was acknowledged before me this d #- day of rc.b , 19li- by Carl G. Davis, who is personally known to me or who has produced as identification and who ( )did ( )did not take an oath. acknowledgment Titl , if any ~...' '", .. . , I CITY OF dlEARWATER, FLORIDA By: .. ~k~ Eliz~eth - . Deptulca Int~rim-city-Manager Page 3 of Agreement between the CITY OF CLEARWATER, FLORIDA, and Carl G. Davis bearing the date of , 1994 regarding sanitary sewer for Lot ~, Block ~, Virainia Groves Terrace, 3rd Addition (subdivision). STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-Commissioner of the City of Clearwater, Florida, to me well known to be the person who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. (l!lITNESS my hand and official seal this 45 day of ~hf\ A. 19 y. !1/1Jl~l) () LJ f,M)/fl..2 Notary Public ' . Print/Type Name:JJeDi,/)j), 1J/c{J''u My Commission Expires: & /;; /9 ~ (include Commission No. C?C~ 0)0/ flOC ",~-:.~~~';iJ;;:., DENISE A. WILSON (:tJi.Y:.\ MY COMMISSION # CC 201408 EXPIRES ~:.~.~f June 18, 1996 "~. 'OF f\,~" BONDeD THRU TROY FAIN INSURANCE, INC. ""fll'" STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the Interim City Manager of the city of Clearwater, Florida, to me well known to be the person who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth. ~/'ITNESS my hand and official seal this c!5 19~. """"," NI WI N ~~\,!\v.r~*, DE SE A. LSD t(~.\:~ MY COMMISSION # CC 201408 EXPIRES ,~;.-~.~.. June 18,1996 ~;~dfll~~~" BONDED THRU TROY fAIN INSURANCE, INC. day of Lkj}~A WaH0-~) a. ~V otary Public '" . Print/type name:~ _ - -) . I/SOU & IcY 9? My Commission Expires: (include Commission No.