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SANITARY SEWER INSTALL (4) . '--."- . ".il IJ .~'i~; " j I AGREEMENT (LIEN) I .$+- THIS AGREEMENT, f!ljlde and entered into this ~J day of ~ . 19 70 . by and between David J. Bratnick of 2724 . " ide Drive, Clearwater, Honda JJZS2, heremafter referred to as "Owner," and the CIlY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City;" WITNESSETH: 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 III Addition according to the map or plat thereof as recorded in Plat Book 43, page ~, Public Records of Pinellas County, Florida. Known as: 2724 Momingside Drive Clearwater, Florida 33759 and that upon completion of said work that the City may immediately file a lien against the real property in the amount of $ 1,069.60 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. 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. /") / '-f~ I, c::,.., r ., V ft) L ~- - u (/0' . . I I . ....~ 3. The City agrees to permit the Owner upon the completion of said installation to connect to the sanituy 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. ~-f- U{~t?~\lU~ WITNESS ~e,*--MG!--? I ~\lANt;? Witness Printed Signature {)~.~ DavidJ. B 'ck 2724 Momingside Drive Clearwater, Florida 33759 ~/~ wiTNfS C I" {2., t. .../. t!?12-TFt:>,,f Witness Printed Signature STATE OF FWRIDA COUN'IY OF PINEll.AS The foregoing instrument was acknowledged before me this / ~y of f1n'/,. 19!1! by David J. Bratni~ who is person~y known to me or who has produced F L- 1-, t!..i It .<::;e- as identification and who ( )did ~d not take an oath. Title or rank, and Serial No., if any . ., I ::'1Y~wl~RD~DA Michael J. Roberto City Manager Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: ~~~ John C. Carassas Assistant City Attorney ATIEST: ~E,l1~~,Q,. ynthia ft~(;oudeau _ . .' -". City Clerk . Page 3 of Agreement between the CITI OF CLEARW A1ER, FLORIDA, and David J. Bratoick. bearing the date of ~~ cSl \ . ' 1998 regmling sanitary sewer for Lot ~ Block "U", Carlton Terrace lit Ad . 'on ( ubdivision.) STATE OF FLORIDA ) COUNIY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Guvey, 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. WITNESS my hand and offidal seal this :;(~ ~ day of ~ _ 19 'l,f ~C?~ Notary Public oQ..y PlJ. C!>.~1)lVN L. BR?NK Print/Type Name: ....y. '& ,'(.ct r jl CC 463040 2 EXPlFlES r:i.l>.Y 22,1999 ~ ~ BOh'[jED THRU My Commission Expires:~oF 'i:\..f;)~ ATL.AN11C BONl)ING co., INC. include Commission No. STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Michael J. Roberto, 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. WITNESS my hand and official seal this .;Lo Y-L day of ~. 19 "1 S_ ~"';;f ~ Notary Public . ,\,?v,/'t.& ( '^::_':";I;'~i:.. 7..JK Pnnt/Type Name:~(.. CCi.: ::.;2k',," ,_,. ..;,,:;040 .. EXPIRES :,V.Y ~L, I ::J'Jfl ~ .iJ BONDED THRU M C .. Ex ~lK.f\.~' ATLANTIC BONDING co., INC. y Otnm1SS10n pltcs. include Commission No.