SANITARY SEWER (53)
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AGREEMENT
THIS AGREEMENT, made and entered into this , -:StldayO! 'm~
1974, by and between
EARL H. PARMER, SR. and KATHRYN K. PARMER,
his wife
, of 132 Baywood Avenue, Clearwater, Floliida
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hereinafter referred to as "Owner", and the CITY OF CLEARWATEH., FLORIDA,
a municipal corporation, hereinafter referred to as IICityll;
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WITNESSETH:
WHEREAS, the Owner pr~sently owns the followi.ng describe real pro-
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 24, Block "0", Eastwood Terrace Second Addition, as recorded
in Plat Book 52, page 49, of the Public Records of Pinellas County,
Florida; .
and
WHEREAS, the Owner is desirous of and has reqlJested the City to install
(> 521J.itary sewer line and facility to make sanitary sewer service available to
serve their said property and that they be permitted to tap .into said saniLny
sewer line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater com-
plete said special improvement and upon completion thereof to have the City
immediately file a lien against their said property in the amount of their pro-
rata share of the cost of the 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 premises and
other good and valuable considerations, the parties hereto covenant and agree
as follows: '
1. The Owner agrees that the City may immediately commence and
complet~ the installation of a sanitary sewer line and facility to serve the real
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property owned by them, legally described as follows:
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Lot 24, BLock "D", Eastwood Terrace Second Addition, as recorded
in Plat Bobk 52. page 49, of the Public Records of Pinellas County,
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and that upon completion of said work that the City may immediately filE: a lien
against the said real property in the amount of the Owner's pro-rata share for
the installation of said sanitary sewer line and facility. Said lien shall provide
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that it may be paid in ten equal annualpayrnents in the office of the City Clerk
with inte re st 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 njinirnunl annual paynlents, to-
gether 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 coliection thereof by fo1'e-
closure or other legal proceedings, that the Owner shall be responsible for
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payrX'cnt of legCll fees and all cants of sdd proceedings.
'2. Theqwner by this Agreement hereby specifically grants unto the
<;:;ity of Clearwater a lien in the amount of the Owner's pro-rata share for the
installation of said sanitary sewer line and facility against the above described
real property owned by them and waives all requirements and entitlement to
the conduct of and notice of any public hearing or hearings by the City of
Clearwater for a special improvement assessment against their said property
for the installation of said sanitary sewer line and facility, The Owner further
agrees up'Jn 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 t'? connect to _said 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,
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personal representatives, successors and assigns of the parties hereto and
a copy thereof may be immediately filed in the Public Records of Pinellas
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County, Florida, by the City so as to serve as notice thereof to all other
persons,
IN WITNESS WHEREOF, the parties hereto have cai.lsed these prcsents
to be executed on the date
first abOV;6:t~~r.
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EARV{ATER, FLORIDA
By
Approved as to form and
correctne ss:
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STATE OF FLORIDA )
, COUNTY OF PINELLAS )
I HEREBY CER TIFY, 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 Earl H. Parmer, Sr. and Kathryn K. Parmer,
his wife,
to me known to be the persons described in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and State last afore-
day of ~
, 1 914.
said this 23
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NotaTy' Public ~ _ _
My C~1J1lh'3jC... 'Expi:fcs:
.:~ .,.< ,1II0TARY PUBLIC STATE Of flORIDA AT LARG~
- 3 - ' . ;: ->-. - ,000Y COMMISSION EXPIRES .!UN. 21 1975
" ,GENERAL INSURANCE UNDERWRI i _.:.;,. .. ._,
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STA TE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this 13 day of "7n~
1974, before me personally appeared
Picot B. Floyd,
Herbert M. 'Brown,
Mary SUe~b3t!1}~j.:!i.and H. Everett Hot~g~n, respectively City Manager, City
Deputy
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 acknowl-
edged the execution thereof to be their free act and deed as such officers there-
unto 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 cor-
poration.
'WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written,
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Notary Public
My Commission Expires:
Notary Public, State .f F10ritla at Large
My Commission Expires Sept, 29, 1977
Bonded by American Fire & Casualty Co.
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