SANITARY SEWER INSTALL (53)
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AGREEMENT
THIS AGREEMENT, made and entered into this
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2.1 day of
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, 1990, by and between
Donald J.
DiFrancesco, and Janette M. DiFrancesco, husband and wife, and
Norma C. Millett.a sinale oerson , of
1239 Keene Road South
,
Clearwater, Florida
34616 , hereinafter referred to as "Owner,"
and the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter referred to as "City;"
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 sani tary 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:
Lot 17, Block C, Meadow Creek, according to to
the plat thereof, as recorded in Plat Book 36,
Page 26, of the Public Records of Pinellas
County, Florida.
Known as: 1239 Keene Road South, Clearwater, Florida, 34616
and that upon completion of said work that the City may
immediately file a lien against the real property in the amount of
5940.00
,
which is the Owner's pro rata share for the
installation of the sanitary sewer line and facility. Said lien
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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 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.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the date first above written.
Witn~:+ l ~
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CITY OF CLEARWATER, FLORIDA
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Ron H. Rabun, City Manager
By:
Approved as to form
and correctness:
Attest:
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By:
STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME personally appeared
Donald J. DiFrancesco,
Janette M. DiFrancesco, husband and wife: and Norma C. Millett, a
sinqle person
, 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
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day of
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, 199~.
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Notary publi~ .
My Commission Expires:
IOTA.V 'UILIe STATE OF Fl.RIIA
IY CtlllSSlOI Of' JUlIE 21,1"1
... TIIIIU 6E"Al lIS. UD.
STATE OF FLORIDA
COUNTY OF PINELLAS
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
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foregoing instrument as City Manager, City Attorney, Ci ty 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.
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WITNESS my hand and
official
seal
this
day of
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, 197~
My Commission Expires:
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Public
I'".'"' al
. notary P bl.
Me. . U Ie, State of florid
Y omml<S'on E . a
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.... Sonded Thru Tro .. PTI 20, 1993
Y Fain - In.sUfance Inc.
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