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SANITARY SEWER INSTALL AND MAP I A G R E E MEN T I '" ? ~", THIS AGREEMENT, made and entered into this /~ day of ~.h- , 19 q{; , by and between David L. Shumate and CindY Shumate, his wife of 1843 Marilvn Drive, Clearwater, Florida 34619, 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 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: Lot ~, Block "H", Carlton Terrace First Addition, according to the map or plat thereof as recorded in Plat Book 43, page ~, Public Records of Pinellas County, Florida. Known as: 1843 Marilyn Drive Clearwater, Florida 34619 and that upon completion of said work that the City may immediately file a lien against the real property in the amount of $1,241.27 which is the Owner's pro rata share of 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. 305 :1:// 00-()(J~OO I (/) I 2. The Owner bJthis Agreement specificallj grants unto the City ,J~ 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, administra- tors, 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 exec ed on the date first above written. (;0, 0 ~,;J L <~~o ~ ~Vid L. Shumate 1843 Marilyn Drive Clearwater, Florida 34619 WITN ss klJ a:v~ti Witness Printed S19 ure ~ '4 ~~ss /~ ~1T CvNN,,,,r;HflM witness Printed Signature (\ . f"\~'1 _~.Jl ~ umate 1843 M lyn Drive Clearwater, Florida 34619 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ~~ day of Jfl.n'u , 19~ by David L. Shumate and cindy Shumate, HIS WIFE, who is personally known to me or who has produced as identification and who ( ) did (/) did not take an oath. acknowledgment GAL L FA-ScI-J-fJr/J Type/print/stamp name of acknowledger or rank, and Serial No., if any (f~ ;- . . I CITY OF lLEARWATER, FLORIDA By: Ri a Garvey Mayor-Commission El1Z City . . . ,-. Approved as to form and legal sufficiency: ~c:<- _ Jo .Carassas Assistant City Attorney A~TTEST~- :" ;;;- -24': '\-:: ~. - ...::;r ~ -~ . ~ _~, ~ .~... t9 ~ ..;t,;:."D.. ~nt ---,E. ~J~deau>:::- . c~ty c1~rk., ...' '.' -. -- '~,~.- " ... ... ~ ...... Page 3 of Agreement between the CITY OF CLEARWATER, FLORIDA, and David L. Shumate and CindY Shumate, BIS WIFE bearing the date of , 1996 regarding sanitary sewer for Lot ~, Block "B", Carlton Terrace First Addition (subdivision). STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-Commissioner of the City of Clearwater, Florida, to me well known to be the person who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. 9' WITNESS my hand and official seal this (, 'fl-. day of ~~ 19 ~ . (1.. 0 ct, ~JA~jCI Nota~ ~'{ Po. CJl.r,CLVN L1-?RINK Print/Type Name: ~ ~ cc.;'.:,;i:.;i,)tH CC 463040 ~'C ~ BONDED THRU My Commission Expire~oH\.~ ATLAN"f1C 8ONOINGCO., INC, (include Commission No. STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of Clearwater, Florida, to me well known to be the person who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth. ~ a/WITNESS my hand and official seal this ~ day of ~.1- 19 '''' . ('~., C.. ~.~ Notar~ '.. ", . ." I BRINK .,r.'iPIJ ..".,'.:.... Print/type name: ;; <t', C.(~.,,',.:.,:~ICCM)3040 My Commission EXPire\1F 't\.'$'!J AT::',i~~~g~~~()..INC. (include Commission No. '" ...... a 0- C\1 1 a ~ a a 0- 0- C\1 C\1 l{) a 0- C\1 2 .q- i") CJ N I ..-- CJ ~A ...... ...... 0- C\1 3 0-0) ...... LO t:: 0- I C\1 C\1 ~ 4 2.. 17 WOODRING I I 5935 16 N 15 N.....:J. :iN co J:::.. 60 19 18 1 0) l{) ~ t:: 16 C\l C\l 17 60 A. 1848 5656-389 w > 0:: o 16 1842 6067-1849 .6.15 1836 a ~ ...... ...... 0- 0- C\1 C\l 50 w > 0:: o 2 1837 1 1 1812 6112-481 ~ 10 AGREEMENT 1836 15 14 1830 1 31824 12 1818 2 1837 6763-1987 ... 1831 3 5827-1580 4 ~ 1825 1817 5 A 5822-1594 z >- -1 0::: <( :2 3 1831 4 1825 1813 6 ~ 5722-904 18077 A L-.. g 1808 - C"""'m10 \:;?,\'lS 1 1851 .6. 6785-19 --"' N 18 N ()l z w S o 5 1819 1845 2 iA 17 6 1813 7U w > 0:: o 5962-1662 3 A 1837 6404-80 4 A 1831 6404-84 5 Ia 1825 1819 6 A 5760-1181 16 15 A 14 o z <( -1 >- ~ (j) 13 7 1813 8 1807 1 1 TO ANNEX PROPERTY DESCRIPTION LOT1. BLOCK "H". CARLTON TERRACE FIRST ADDITION (P.B.43-PG.39) Parcel No. 05-29-16-13554-008-0010 ATA 96-01-378 OWNER DAVID L. & CINDY SHUMATE APPLICANT ADDRESS 1843 MARILYN DRIVE CLEARWATER, FLORIDA 34619 Section 05 Township 29S Range 16E /I. Atlas Page 264A Site Location ~#01