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SANITARY SEWER (29) .. I I AGREEMENT )Or/f TillS AGREEMENT, made and entered into this ~day of ~~, 1.9 ~, by and between DENNIS O'CONNOR and WILLIAM O'CONNOR f 1560 South Drive, Clearwater, FL 33515 , 0 hereinafter referred to as "Owner, II and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, he-reinafter referred to as IICity"; WI T N E SSE T H : WHEREAS, the Owner presently owns the following described real pro- perty situated in the City of Clearwate::, Service A rea, to wit: Lot 8, Block B, Clearwater Highlands, Unit A, according to the map or plat thereof as recorded in Plat Book 28, page 95 of the Public Records of ~inellas County, Florida; and WHEREAS, the Owner is desirous of and has requested the City to install a sanitary sewer line and facility to oake sanitary sewer service available to serve their said property and that they be permitted to tap into said sanitary 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 i..rnmediately 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 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 bay immediately commence and complete the installation of a sanitary sewer line and facility to serve the real 711;, C"- . f011,(.LICf-J.., , . /"" I1fi # lirj,'.'f/;-I Cf'J.~Q/;J<J C.J-::U,{(. /QI, .. / l ~ -1- b C' ..", '7" jYJ , "~', '" / / V . l.. / (~ f.".~ '------, -- --'------------ (fv '.. I I property owned by them, legally described as follows:' Lot 8, Block B, Clearwater Highlands, Unit A, according to the map or plat thereof as recorded in Plat book 28, page 95 of the Public Records of Pinellas County, Florida, and that upon completion of said work that the City may immediately file a lien agains t the said real property in the amount of $ 418. 74 which is the Owner IS pro-rata share for the installation of said 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 pay- ments, 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 legal 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 hereby specifically grants unto the City of Clearwater a lien in the amount of $ 418. 74 which is the Owner1s pro-rata share for the installation of said sanitary sewer line and facility against the above des cribed real property owned by them and waives all requirements and entitlement to the conduct of and notice of any public hearing or hearings by the City of Clear- water for a special improvement assessment against their said 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 agains t their des cribed real property. 3. The City agrees to permit the Owner upon the completion of said in- s ta1lation to connect to said sanitary s ewer 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 -2- " I I a copy thereof may be immediately filed in the Public Rec ords of Pinellas County, Florida, by the City so as to serve as notice thereof to all other pers ons. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. Witnesses: / //] vi.~ Dennis O'Connor (t((_ -- (SEAL) ~L~ /f7f::r~~ (SEAL) William O'Connor . ~ft1/ Jtr~~ ~j-yd//~~ By Attest: Approved as to form &: correctness: -,.-/ Ci~~ 4r- 'd ~ .- -. - - . . ~:_ -" , :. ~-'f .. "'~,,c' ~~ '/"i;!~" ",:~""'-- .-/', City Clerk',- ./" " ' ',,, ----- -" COUl'1s igned-': - ,.- -, '_ ' ( Mayor-Commission r / /; [> STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this day, before me, an- officer duly authorized in the State aforesaid and in the County aforesaid to take acknowl- edgments, personally appeared Dennis O'Connor and William O'Connor 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 '~~day of ~ I County and State last afore- said this , 1986 . ~ . .. . '. . ;,~ My Commission Expires: -3- .~ I I STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this ~ day of 'J~~ 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-CoTh~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. )}U/l" ~2~h0!4~d~~~U', // ~ tfibllC :: _', ' My Commission Expires: r'~ IU",t~.'v ~"~ r~ r:.~.l!"., ~ ;"., . ~ \a'liv..e:;.~, . ..~iJu(; ~,t;.J~;; ',,~ ~'j;,t:rH:;a My C;"j;, ",i:i:i,mi EJ(:"i"~ kly 21, 19SB ____ ~_onued 'ihru T.uy Fuji.! . In....:.Ii;lJ.(;o. JIlC - ~ . ~ ~ .- -" -4-