SANITARY SEWER (26)
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AGREEMENT
THIS AGREEMENT, made and entered into this I(}~day of ~~g.<-...,
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19 -E, by and between Daniel J. Cummings, Jr., Single
, of 11601 4th Street N. ,Apt.216, St. Petersburq,FL33702,
hereinafter referred to as "Owner, II and the CITY OF CLEAR WATER, FLORIDA,
a municipal corporation, he'reinafter referred to as "City";
WI T N E SSE T H :
WHEREAS, the Owner pres ently O""'11S the following des cribed real pr 0-
perty s itua ted in the City of Clearwate r Senrice A rea, to wit:
The West 100 feet of the East 186.05 feet of the North
85 feet of the South 165 feet of the West half (W-l/2) of
the Northeast Quarter (NE-l/4) of the Northwest Quarter
(NW-l/4) of Section 16, Township 29 South, Range 16 East.
lying within pinellas County, Florida.
Known as: 3136 Johns Parkway, Clearwater, Florida.
and
WHEREAS, the Owner is desirous 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; and
WHERE~A.S, the Owner is agreeable to have the City of Clearwater com-
plete said special iIuprovement and upon completion thereof to have the City
immediately file a lien against tneir said property in the amount of tbeir pro-
rata sbare of t},e cost of tbe 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 pre:-nlses and
other good and valuable considerations, t},e parties hereto covenant ane a.g=ee
as follows:
1. The Owner agrees tbat the City may immediately coml7'.ence and
complete tbe installation of a sanitary sewer line and facility to ser',,'e the real
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property owned by him legally des cribed as follows:
The West 100 feet of the East 186.05 feet of the North
85 feet of the South 165 feet of the West half (W-l/2) of
the Northeast Quarter (NE-l/4) of the Northwest Quarter
(NW-l/4) of Section 16, Township 29 South, Range 16 East,
lying within pinellas County, Florida.
Known as: 3136 Johns Parkway, Clearwater, Fl.
and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of $1339.00
which is the Owner rs
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 ~_% per annum from the date of the
lien until paid and in case of default in the payn"lent 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 s hall be r espons ible 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 $1339.00
which is the Ownerrs pro-rata
share for the installation of said sanitary sewer line and facility against the above
described real property owned bynj::m and waives all requirements and entitlement
to the conduct of and notice of any public hea ring or hearings by the City of Clear-
water for a special irnprovement 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 instrllinents, if any, which may be
required to formally grant unto the City a lien against his described real property.
3. The City agrees to permit the O\vner upon the com~pletion of said In-
stallation to connect to said sanitary sewer line under the salne conditions as other
owners are permitted to do so.
4. This Agreement shall be binding upon the heirs, adlninis trators,
per sonal representatives, succes sors and as signs of the partie s hereto and
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a copy thereof may be immediately filed 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 be executed on the date first above written.
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(SEAL)
(SEAL)
CITY OF CLEAR WATER, FLORIDA
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A tt est:
Approved as to form & correctness:
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City Attor y .
ST ATE OF FLORIDA )
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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
Daniel J. Cummings, Jr.
, to me known to be the personj[ described in
and who executed the foregoing Agreernent and acknowledged before rne that he
~lX)X executed tI,e same.
WITNESS IllY band and official seal III the County and State last afore-
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said this //l~ day of 4Vi//6r , 19 87 .
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Notary Public
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this
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of ~-ddV ,
L. Shoemaker, M. A.
19 87 ,before me personally appeared Anthony
Galbraith, Jr., Cynthia E. Goudeau, and Rita Garvey, 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 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 ln the
County of pine lIas and State of Florida, the day and year last
above written.
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My Commission Expires:
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NG'~l3i"i Fi.i~iic, St~tc cf r;(~,;';cla
My (wl<Hiis,;Oil b,d;<.S Juiy '.1.'1.. 1938
bOJiJljJ "r hiU -J-ruy" t-u,rI - b~:..;,'.;l.;'~0. JllC.
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