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SANITARY SEWER (30) I I AGREEMENT THIS AGREEMENT. made and entered into this 3fl!Z day of ~k_~ , 1.9 ~. by and between DOUGLAS CHARLES THIEL and MARION MAY -LING CHANG THIEL, 1481 Otte~ afreet, Clearwater, FL 33515 hereinafter referred to as "Owner." and the CITY OF CLEAR WATER. FLORIDA. a municipal corporation. be-reinaiter referred to as "City"; WI T N E SSE T H : WHEREAS, the Owner presently owns the following described real pro- perty situated in the City of Clearwater Service Area, to wit: Lot 3, Terra Alto Estates, according to the map or plat thereof <<s recorded in Pl~t Book 45, page 5 of the Public Records of Plnellas County, Florida; and WHEREAS. the Owner is! des irous of and has requested the City to install a sanitary sewer line and facility to make sanitary sewer service available to serve their said property and that they be permitted to tap into said sanitary sewer line upon installation; a.nd WHEREAS. the Owner is agreeable to bave 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- 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 cons ideration of the foregoing premis es and other good a.ndvaluable considerations. the parties hereto covenant and agree as follows: -.... 1. The Owner agrees that the City may immediately commence and complete the Uistallation of a sanitary sewer line and facility to serve the real -1- (! (! Y 'j:ltL) (CJ.--'.': 1 /J /JA /1. r; i{, --\!?( LfU)(.Y.AJ/f)![)! ~ 7/'~ 10 r; , ") /i.' /'\(....lIl "..'....;'(- V n' (,,:,,'/ ~. yu_-. {;j1 , ''',.''.' I I property owned by tbem, legally described as follows:; Lot 3, Terra Alto Estates, according to the map or plat thereof as recorded in Plat Book 45, page 5 of the Public Records of Pinellas County, Florida, and tbat upon completion of said work tbat the City may immediately file a lien agains t tbe s aid real property in tbe amount of $ 4 7 5. 69 wbicb is tbe Owner IS pr'o-rata sbare for tbe installation of said sanitary sewer line and facility. Said lien shall provide tbat it may be paid in ten equal annual payments in the office of the City Clerk witb interest at the rate of 8 0/0 per annum from the date of the lien until paid and in case of default in the payment of said mininlum annual pay- ments, together with the interest thereon, tbat tbe 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 orotber legal proceedings, that the Owner shall be responsible for tbe 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 of $475.69 which is tbe Ownerls pro-rata share for the installation of said sanitary sewer line and facility against tbe above des cribed real property owned by themand waives all requirements and entitlement to the conduct of and notice of any public bearing or bearings by the City of Clear- water for a special improvement assessment against their said property for tbe installation of said sanitary sewer line and facility. Tbe Owner further agrees upon tbe request of the City to execute all additional instruments, if any, wbicb may be required to formally grant unto the City a lien a gains t tbeir des cribed real property. 3. The City agrees to permit the Owner upon tbe completion of said in- stallation to connect to said sanitary s ewer line under tbe same conditions as otber owners are permitted to do so. 4. This Agreement sball be binding upon tbe beirs, administrators, personal representatives, successors and assigns of the parties hereto and -2- '~-"-'-;-'-"----;'.--,-"-- I I a copy thereof may be immediately filed in the Public Records of Pi~llas / / COWlty, 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. Witnesses: '--;It.~&f~di{#t//L~-7I' A ____ By As to ty; p7 ./' Attest: ,.' Approved as to form & correctness: c~r~ ~- -~~- d.~':~ I )~~ ~ -'- Z -.:;/ ~:~J< . Gity Clerk .,-:- '. . - STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) r 1 HEREBY CERTIFY, that on this day, before ,me, an'officer duly authorized in the State aforesaid and in the COWlty aforesaid to take acknowl- edgments, personally appeared Douglas Charles Thiel and Marion May-ling Chang Thiel to me known to be the persons des cribed 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 afore- said this ~ day of A.000c;.-r , 19 86 . My Commiss ion Expires: Qc...... c. Notary Public, State of Aorida .~ My Commission [xpile5 Jan. 17'. 1988 ~1.1~lJ !l&(~, j.Nt i.,a/a: 'p_surance. ~~ -3- I' .. STATE OF FLORIDA I I COUNTY OF PINELLAS I HEREBY CERTIFY that on this 3t~day of d~a ?,~/--</'-_/ (/ 1.9 86 , before me personally appeared Anthony L. Shoemaker, M. A Galbraith, Jr., Cynthia E. Goudeau, and Kathleen F. Kelly, respectively City Manager, City Attorney, City Clerk and Mayor-Co~~issioner 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. ./ '---}~" l._r ~ ~ "'- '~4/ ~ ::: . I,J =/ ,..~..-: -- /,.'..- ..." /ttt/-w~<<;:( Z!/ ?c: It /;{. . ~'!'X-.("C---- t/N tary ,h;Ll.c .,' .~"'.: ~.. ~,.. , . . - - ..; - .- Ml Commission Expires: Notary Public, State of Florida My Commission hpires July 12, 1988 ~H ~onded Thru, Jroy fain ~ In:iurance, Jne!. -4-