SANITARY SEWER (51)
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AGHEEMENT
THIS ACJZEEMENT, made and entered into thisl/dclay of
1974, by and bet\'/ecn DON S. HENDERSON and JANET MARIE
his wife
of 2357 Dora Drive, Clearwater, Florida
,
hereinafter refcl'l'cd to as "O\'nlCr II, and the CITY OF CLEARVl ATEl\, FLOIZIDA,
a I11U11icipal cOl"J<lration, hereinafter referred to as "City";
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WITNESSETH:
V1HEHE/,~:~, the Owner presently owns the following describe l'cal pro-
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 9, Rolling Heights Subdivision, as recorded in Plat Book 43,
page 1, of the Public Records of Pinellas County, Florida;
and
WHEHEj,~:, the Owner is desirous of and has requested the City to install
? :.>c;lHary sewer line and facility to Inake sanitary sc\ver service available to
serve their saici property and that they be permitted to tap .into said sanit<<ry
sewer line upon installation; and
WHEREA~;, the Owner is agreeable to have the City of Clearwater com-
plete said speci,cl improvement and upon completion thereof to have the City
immediately file a lien against their said property in the amount of tbdr pro-
rata share of the cost of the installation of said sanitary sewer line and facility;
and
WHEREAS, the City is willing to install said sanitary sewer line and
facilIty to serve said 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
complct~ the installation of a sanitary sewer line and facility to serve the real
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property o\vncc1 by tIlen1, legally dcscriLcd a~> follows:
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Lot 9, Rqlling Heights Subdi vis ion, as recorded in Plat Book 43,
page 1, df the Public Records of Pinellas County, Florida;
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and that upon completion of said work that the City may irnmcdiately file a lien
against the said real property in tbe a11'lOunt of the Owner's pro,. rata share for
the installation of said sanitary sewer line and facility. Said licn shall provide
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that it may be paid in ten, equal annual paymcnts in tbe officc of thc City Clcrh::
with intcre~;t at the rate of 80;'0 per annun1 fr~ln the date of the lien until paid
and in case of default in the payn1cnt of said n1inin1\ln1 annual paY11'18nts, to-
gcthcr witb thc interest thereon, that thc City may take imrnediate steps to
enforce said licn by foreclosure or other procccdings. Said licn shall also
providc that if thc City is req\lired to cnforce the collectiuen thereof by [ore-
closure or otber legal proceedings, that the Owner shall be responsible [or
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payn-'cnt rlf leg,{l fees and all costs of said proceedings.
'2, Theqwner by this Agreen1ent hereby specifically grants unto the
Qity of Clearwater a lien in the an10unt 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 requiren1.ents and entitlenJcnt to
the conduct of and notice of any public hearing or hearings by the City of
Cleanvate l' for a special improvernent as se s sment against their said prope rty
for the installation of said sanitary sewer line and facility. The Owner further
agrees u}nn tne request of tne City to execute all additional instruments, if
any, which may be required to formally grant \mto 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 und,~r the same conditions
as othe r owne r s a re pc rmi Hed to do so.
4. This Agreement sh~lll be bindinG upon the heirs, administrators,
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pc r[jQlJal rep re S cllta ti ve 1;, succ e s SO r s and a~ f;j gll~; of the par ti e s he 1'e to and
a copy thereof, may be immediately filed hl tbe Public Records of PilJ<:llas
County, }'loricla, by the City so as to serve as notice thereof to all other
persons.
IN WITNESS WHEHEOF, the parties 1~2rcto have ca',lsed these pr(~sents
to be executed on the date first above
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As to enders ns
(SEAL)
a ~, WJfJ.JJ7V
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City
LEAHWATER, FLORIDA
By_
Approved as to forn1 and
. corre~~
~orney
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CER TIFY, that on this da)', before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowl_
edgments, personally appeared Don S. Henderson and Janet Marie
Henderson, 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 sealm the County and State last afore-
said this / 2 ~day of ~ ~
, 1974.
r A~0.~ X
Notary Public '
My Commist;jon Expircs:
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MYCOi\;:,
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CoL, J97'1
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STATE OF FL01UDA
COUNTY OF PINELLAS
I HEREBY CER TIFY, that on this
nJ::..day of
cJdo
1 <)74, before me personally appeared
Picot B. Floyd,
Herbert M. Bro\vn,
H. G. \Vhitchcad and H. Everett HOl~g~n, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner, of the City of Clearwater,
Florida, a n1unicipal corpor<:l;tion, to n.le known to be the individuals and officers
describ(~d in and who executed the .foregoing Agreem,ent' and severally aclcnowl-
edged the execution thereof to be their free act and deed as such officers there..
, unto ellll)' authorized; and that the official seal of saidluunicipal corporation is
duly affixed thereto, and the said Agreerl1cnt is the act and deed of said cor-
poration.
\/fITNESS my signature and official seal at Cleanvater in the County of
Pinellas and State of Florida, the day and year last above written.
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Notary Publi 'c' .-. =- ~'
My Commission Expires;=-~ ~
NotarY '"bUe, State of florIda .t L.rge:
My Commission Expires Sept, 29, 1977
&ended br Am.ricon Fire & Casualty Co.
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