SANITARY SEWER INSTALL (54)
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A G R E E MEN T
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THIS AGREEMENT, made and entered into this ~ day of ~t; 1989, .
by and between DONNA CLARK-WIDMAN AND MARIE M. CLARK, of 2061 Douglas Avenue,
Clearwater, Florida 34615, hereinafter referred to as 1l0wner," and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City;1l
WIT N E SSE T H:
WHEREAS, the Owner presently owns the real property described herein, and
has requested that the City install a sanitary sewer line and facility to make
sanitary sewer service available to serve the property and that the Owner be
permitted to tap into the sanitary sewer line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater complete
said special improvement and upon completion thereof to have the City immediately
file a lien against the property in the amount of their pro rata share of the
cost of installation of the sanitary sewer line and facility; and
WHEREAS, the City is willing to install the sanitary sewer line and
facility to serve the property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable considerations, the parties hereto agree as follows:
1. The Owner agrees that the City may immediately commence and complete
the installation of a sanitary sewer line and facility to serve the real property
owned by them, legally described as follows:
West 67 feet of Lots 5 through 8, inclusive, Block B,
Cleardun Subdivision, according to the map or plat
thereof as recorded in Plat Book 13, Page 47, of the
public records of Pinellas County, Florida.
2061 Douglas Avenue, Clearwater, Florida 34615, and that upon
Known as:
completion of said work that the City may immediately file a lien against the
real property in the amount of $311.55, which is the Owner1s pro rata share for
the installation of the 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
payments, 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 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 specifically grants unto the City of
Clearwater a lien in the amount set forth in Paragraph 1 above, which is the
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Owner's pro rata share for the installation of the sanitary sewer line and
facility against the above described real property and waives all requirements
for and entitlement to the conduct of and notice of any public hearing by the
City of Clearwater for a special improvement assessment against their 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 against their described real property.
3. The City agrees to permit the Owner upon the completion of said
installation to connect to the 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,
personal representatives, successors and assigns of the parties hereto and a
copy thereof may be immediately recorded 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.
~ O!J
~IDMAN
Witnesses:
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v~ae~e ~4
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MARIE M. CLARK-
1PJ:ed:
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~~ ~
Ron H. Rabun
City Mal'rager:-
Attest:
Approved as to form
and correctness:
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By:
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Cyntli.:ra E.." -.bC:ll1de. al!.--,--:"_ --
C i t4'-Ci-e~~ _ _ _ __ ._--- .:. -::->~
M. A. Galbraith,
City Attorney
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared DONNA CLARK-WIDMAN and MARIE M. CLARK, to
me known to be the persons described in and who executed the foregoing
Agreement, and acknowledged that they executed the same.
WITNESS my hand and official seal this
/ 'l-t5t day of December, 1989.
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My C
Expires:
STATE OF FLORIDA
COUNTY OF PINELLAS
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Notary Pub!k, S~::I~ c1 :+cdda
My COTi1!i.:nkr: ;;'['r. :2:, 1792
Boncf~d Thr'J Tro,/ Fain ./:,5:;ri,'",;\,) :nr,;..
BEFORE ME personally appeared Ron H. Rabun, M. A. Galbraith, Jr., Cynthia
E. Goudeau, and Rita Garvey, to me well known, and known to be the individuals
described in and who executed the foregoing instrument as City Manager, City
Attorney, City Clerk and Mayor-Commissioner, respectively, of the City of
Clearwater, Florida, a municipal corporation, and that the seal affixed to the
foregoing instrument is the City seal of said City and the said instrument is
the free act and deed of said City.
WITNESS my hand and official seal this
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9.d
day of
Notar
My Commisslon Expires:
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( :._:_~ E',,!:> t.pii 20, 1993
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Bonceu i l.jU 1 ruY t"uin - Insurance InC.
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