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SANITARY SEWER (9) . I I AGREEMENT '*- TIDS AGREEMENT, made and entered into this :lS day of ~ 1 9 ~, by and between Franklin D. Hudson and Marion J. Hudson, his wife, , of 1755 Thomas Dr.,Clearater, FL 33515 hereinafter referred to as "Owner," and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, hereinafter referred to as "City II; WI T N E SSE T H : WHEREAS, the Owner presently owns the following described real pro- perty situated in the City of Clearwater ~~.!'viceArE;:~,_to Lot 17, Block 4, Virginia Grove Terrace 2nd Addition, according to the map or plat thereof as recorded in Plat Book 37, page 73 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 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 complete the installation of a sanitary sewer line and facility to serve the real ce; '. I I ,'...... I ' /,,~ _ ~ ;,/ ! ;". '....." ~_ 1 , .'\ . (' ,,",. V'VJ''l'~.c/('.( ~;' 1 l.' ~p..,~f) v . 1/ / / I ' f :J/../ '~. . I.t '/ ;~. 'l..L.I't..k..t .;' {i1fl4Ji..t/,Lf\ \C1(l CQ.R..~. -1- O~~OOJ' d /----------cZ) I I property owned by them, legally described as follows: Lot 17, Block 4, Virginia Grove Terrace 2nd Addition, according to the map or plat thereof as recorded in Plat Book 37, page 73 of the Public Records of Pinellas County, Florida and that upon completion of said work that the City may immediately file a lien against the said real property in the amount of $935.90 which is 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 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 cos ts of said proceedings. 2. The Owner by this Agreement hereby specifically grants unto the City of Clearwater a lien in the amount of $935.90 which is 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 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 instru...-nents, 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 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, administrators, personal represe~tatives, successors and assigns of the parties hereto and -2- - .. I I 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 pers ons. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. Witnesses: .~4.~SEAL) Frank in D. Hudson ~~J~ ~EAL) Marion J. Hudson ~_h': (~(~~ Jj~ nt- R~ As to City By .....----- Attest: m & correctness: " :......:- - /' - ~-~--~~- " :G ityr.::l~ r k :- -.......- ~ STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, 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 Franklin D. Hudson and Marion J. Hudson, his wife, , to me known to be the persons des cribed 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- said this 24 ~ day of J~~ , 1 9 81L-' My Commission Expires: Ifm Notary Public, State of Florid. - My Commission Expires Jan. 17~ 1988 L. Qoodod lh,. T IOV folllo lo,.,o.co, In~ - . tp-.- , ] 1t:,~(D Notary :~ub.h-t:_ _ ./ . ~ , . -3- . , , '!. - .,.,~ ~ I I STA TE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this :;<.s- dar of 7Y7! 19 84 , before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, Cynthi.a E.Goudeau, and Kathleen F. Kelly, respectively City Manager, City Attorney,~rk 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 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. :- ',. - ~~Jf./J~' './~\j ~ ~~, -~~-~ Notary Public :, -.: __. .'. C' '-.. My Com~ssion Expir~e_s: Notary Publl(, Slate of Aorida My Commi1Sion Expires Dec, 28, J98l Bended Thru T tOY fain .. "'-o::m........ 10"" -4-