SANITARY SEWER (8)
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AGREEMENT
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THIS AGREEMENT, made and entered into this t day of ~ 'W
19~, by and between FRANK J. HECKENBACH and MARY E. HECKENBACH,
his wife,
, of
2020 Culbertson Ave., Dunedin, FL 33528
hereinafter referred to as IIOwner, II and the CITY OF CLEAR WATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City";
WI T N E SSE T H :
WHEREAS, the Owner presently owns the following described teal pro-
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 7, Pinellas Terrace Subdivision, according to the
map or plat thereof as recorded in Plat Book 49, page
52 of the Public Records of Pinellas County, Florida;
and
WHEREAS, the Owner is desirous of and has requested the City to install
a sanitary sewer line and facility to make sanitary sewer service available to
serve their said property and that they be permitted to tap into said sanitary
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 cons ideration of the foregoing premis es 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
complete 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:;
Lot 7, Pinellas Terrace Subdivision, according to the
map or plat thereof as recorded in Plat Book 49, page
52 of the Public Records of Pinellas County, Florida,
and that upon completion of said work that the City may immediately file a lien
agains t the said real property in the amount of $2,054.98
which is the Owner IS
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 annual payments in the office
of the City Clerk with interest at the rate of
10
0/0 per annum from the date of the
lien until paid and in case of default in the payment of said minimum annual pay-
ments, 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 legal 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 hereby specifically grants unto the City
of Clearwater a lien in the amount of $2,054.98
which is the Ownerls 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 Clear-
water for a special improvement assessment against their said 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 instrtL.llents, if any, which may be
required to formally grant unto the City a lien agains t their des cribed real property.
3. The City agrees to permit the Owner upon the completion of said in-
s tallation to connect to said sanitary s ewer line under the same conditions as other
owners are permitted to do so.
4. This Agreement shall be binding upon the heirs, adminis trators,
personal representatives, successors and assigns of the parties hereto and
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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 .caused these presents
first above written.
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~/~SEAL)
Fra~J. Heckenbach
A~ g. ~ (SEAL)
MarY(jE. He ckenbach
to be executed on the date
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As to City
By
Attest:
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l/t)~~Wi~
City Clerk
c~;;:: ld~,
/ Mayor-Comrriissio
STATE OF FLORIDA
COUNTY OFPINELLAS
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to ta.ke acknowl-
edgments, personally appeared Frank J. Heckenbach and Mary E;
Heckenbach, his wife, to me known to be the pe rs ons des cribed m
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-
said this ;{ ~-1!::-day of (f)~
, 19 83.
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Notary Pu~lle. - ~-'
My Commission Expires:
Notill"( P.ll~;(: S~dc d r!Nida at Large
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this X'0-- day of
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19 S( 3 , before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams, and Kathleen F. Kelly, respectively City Manager,
City Attorney, City Clerk and Mayor-Commissioner of the City 6TClearwater,
Florida, a municipal corporation, to me known to be the individuals and
officers described in and who executed the foregoing Agreement and severally
acknowledged the execution thereof to be their free act and deed as such
officers thereunto 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 corporation.
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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NotaV- Pubhc . -. /
My Commission Expires: Nt,
M 0 ary. p.ubl1c. Stde !)f flol,'cla
y CommISSIon ExpjrE~ Oct. 31, 1937
Bonded Il1ru ho)' fain' IOsurao',,", !/iC.
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