Loading...
SANITARY SEWER (53) ,: .'., .~, ': I Ai~f~~ J~~o~7Y -~? 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 '. hereinafter referred to as "Owner", and the CITY OF CLEARWATEH., FLORIDA, a municipal corporation, hereinafter referred to as IICityll; ", 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 00' OC:;) , (::lL) (3) ,~ c, I I '- property owned by them, legally described as follows: ,I Lot 24, BLock "D", Eastwood Terrace Second Addition, as recorded in Plat Bobk 52. page 49, of the Public Records of Pinellas County, . , I , Flonda; , ! 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 " 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 .1.1...:"::.. ........l:_ 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, .2- .-.-, .~ .'-' I I personal representatives, successors and assigns of the parties hereto and a copy thereof may be immediately filed 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 cai.lsed these prcsents to be executed on the date first abOV;6:t~~r. Yat.L 0" J,},. r:~ . 1\0 - athryn. arme r (SEAL) Wi tn e sse s : " ~~ , f_ J( ,,(/ ~ ' %~~m1;s' ~. (SEAL) ,.,/v EARV{ATER, FLORIDA By Approved as to form and correctne ss: ':(~~~ , 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 . ,- ~~~';:T:/~a-y' 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 _.:.;,. .. ._, r"~..., ,l- .11*- I I 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, , - '1:dr c:.~:_ Notary Public My Commission Expires: Notary Public, State .f F10ritla at Large My Commission Expires Sept, 29, 1977 Bonded by American Fire & Casualty Co. -4-