SANITARY SEWER (52)
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u~ k.4141 PACE
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74027984
AGREEMENT
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THIS AGREEMENT, made and entered into this:< J hciay of: , '
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1974, by and between
DONALD E. PAULK and NANCY A. PAULK, his wife,
, of 2213 Palmetto Street, Clearwater, F10dda
hereinafter referred to as "Owner", and the CITY OF CLEARWATEH, FLORIDA,
a luunicipal corporation, hereinafter referred to as "City";
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WITNESSETH:
WHEREAS, the Owner presently owns the following describe real pro-
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 4, Block A, Palmetto Terrace Subdivision, according to the map
or plat thereof as recorded in Plat Book 39, page 75, of the Public
Records of Pinellas County, Florida; also known as 2213 Palmetto
Street, Clearwater, Florida;
and
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WI-IEHE,AS, the Owner is desirous of and has requested the City to install
C' 5.:\1J.itary sewer line and facility to lnake sanitary sewer service available to
serve their saici property and that they be permitted to tap,into said sanit3ry
sewer line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater com-
plete said special improvement and upon completion thereof to have the City
immediately file a lien against their said property in the amount of their pro-
r~ta share of the cost of the installation of said sanitary sewer line and facility;
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and
WHEREAS, the City is willing to install said sanitary sewer line and
facillty to serve said property under certain conditions;
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NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto covenant and agre~-' ,,'
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a. follows: . :;l;;Zj
1. The Owner agrees that the City may immediately commence and f:-,2 ()
complet~ the installation ofa sanitary sewer line and facility to serve the real
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u. ~. 4141 PAGE
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property owned by thern, legally described as follows:
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Lot 4, B~pck A, Palmetto Terrace Subdivision, according to the map
or plat thFreof as recorded in Plat Book 39, page 75, of the Public
Records <j>f Pinellas County, Florida;' also known as 2213 Palmetto
Street! <;::~earwater, Florida;
and that upon completion of said work that the City may immediately file a lien
against the said real property in the a~ount of the Owner's pro-rata share for
the installation of said sanitary sewer line and facility. Said lien shall provide
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that it may be paid in ten equal annual payrnents in the office of the City Clerk
with interest at the rate of Bala per annum from the date of the lien until paid
and in case of default in the payment of said Dlinilnum annual paYlnents, to-
gether 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 col1ecti~n thereof by fore-
closure or other legal proceedings, that the Owner shall be responsible for
~;he paYlY'cnt of legal fees and all CO!3ts of said proceedings.
.2. Theqwner by this Agreement hereby specifically grants unto the
C;;ity of Clearwater a lien in the amount of the Owner's pro-rata share for the
installation of said sanitary sewer line and facility against the above described
real property owned by them and waives all requirelnents and entitlement to
the conduct of and notice of any public hearing or hearings by the City of
Clearwater for a special improvement assessment against their said property
for the installation of said sanitary sewer line and facility. The Owner further
agrees up'Jn the request of the City to execute all additional instruments, if
any, which maybe 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 said 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,
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personal representatives, successors and assigns of the parties hereto and
a copy thereof may be immediately filed in the Public Records of Pinellas
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County, Florida, by the City so as to serve as notice thereof to all other
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persons.
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IN WITNESS WHEREOF, the parties hereto have caused these prt::sents
to be executed on the date first above written.
Witnesses:
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CITY OF CLEARWATER, FLORIDA
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STA TE OF FLORIDA )
By
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Approved as to form and
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City Attorney l
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, COUNTY OF PINELLAS )
I HEREBY CER TIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowl-
edgments, personally appearcd Donald E. Paulk and Nancy A. Paulk, his wife,
to me known to be the persons described in
and who executed the foregoing Agreementanda<::knowledged befo!,e me that
they executed the same.
WITNESS my hand and official seal in the County and State last afore-
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day of
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My ~o:it};mis si9n'.~~~ircs:
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t;;" ," ;;.:;~ ""~IOrf:?Y ~U~Ll~ S~!\!E Of FLORIDA ,~T U\RGl:
';)il ' "'.', ....0MI\1!uSdJN t-,;.PIRES JUN. 21 1975
GEi'Jf:.!L'J. 1:'1[3:rV\NCE UNDERwmTL,',,;, , ,'..
said thi s
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STA TE OF FLORIDA
COUNTY OF PINELLAS
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I HEREBY CERTIFY, that on this ,;25- day off~~
1974, before me personally appeared
Picot B. Floyd,
Herbert M. Brown,
R. G. Whitehead and H. Everett HO'l~g~n, 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 acknowl-
edged the execution thereof to be their free act and deed as such officers the re-
unto duly authorized; and that the official seal of said lTIunicipal corporation is
duly affixed thereto, and the said Agreement is the act and deed of said cor-
poration.
WITNESS my signature and official seal at Cleanvater in the County of
Pinellas and State of Florida,
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the day and year last above written. _,' ( j., "'.
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Notary Public
My Commission Expires:
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Notary Public, State of' Florida at large
My Commission Expir.s Sept, 29, 1977
Bonded by American Fire & Casualty Co.
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