SANITARY SEWER (62)
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AGREEMENT
THIS P.GREEMENT. made and entered into this >>~ay of ~
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1974, by and between ROBER T H. LISTER and ANNA LISTER, his wife,
, of 78 Baywood Ave., Clearwater, Florida,
htfreinafter referred to as "Owner", and the CITY OF CLEARWATEH, FLOlUDA,
a municipal corporation, hereinafter referred to as "City";
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WITNESSETH:
WHEREAS, the Owner presently owns the followi.ng describe real pro-
perty situated in the Gountyof Pinellas, State oLFlorida, toW-it:
Lot 20, Block liD", Eastwood Terrace Second Addition,
according to the plat thereof 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 requested the City to install
C' :;~'1itary sewer line and facility to lnake 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
facilit}.'.4:.0.serve said property under certain conditions;
NOW, T!-~~ORE, in consideration of the foregoing premises and
'other good and valuable cOIl:"~.dprations, 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 2P, Block I'D", Eastwood Terrace Second Addition,
acco~ding to the plat thereof as recordedi:h Plat Book 52,
page ~9 of the Public Records of Pinellas County, Florida,
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and that upon completion of said wo rk that the City may immediately file a lien
against the said real property in the a:rnount of the Owner1s pro-rata share for
the installation of said sanitary sewer line and facility. Said lien shall provide
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that it rnay be paid in ten equal annual payments in the office of the City ClerIc
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 nlinirnun1. annual paYlnents, 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 collecti~n thereof by fore-
closure or other legal proceedings, that the Owner shall be responsible for
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payrT'.cnt of legal fees and all co:::;ts of said proceedings.
. 2. The Qwner by this Agreement hereby specifically grants unto the
$ 750 which is
<;::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 requiren1.ents 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:>n the request of the City to execute all additional instruments, if
any, which maybe 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 to 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 caused these presents
to be executed on the date first above written.
Witnesses:
Approved as to form and
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~ttorneY ~
STA TE OF FLORIDA )
COUNTY OF PINELLAS )
ftJ~/ ~(SEAL)
, Robert H. Lister
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Anna Lister
(SEAL)
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
Robert H. Lister and Anna Lister. 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-
said thi s
6th day of September
, 1914.
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Not~ri -P!a18ic_ ~'.." ,,:
-YO'"
My ~ji1fpissi,on, E~pires:
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-r\~OTARY PUBLIC STATE OF FLORIDA AT LARG!
MY COMMISSiON EXPIRES .!UN. 21 1975
CU":E:'lf,llt:S;JRMJ::::E UNDERWRI1 LHS. INC.
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STATE OF FLORIDA
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COUNTY OF PINEL LAS
I HEREBY CERTIFY, that on this .;J 3 day of '~
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197Lf, before me personally appeared _ Picot B. Floyd,
Herbert M. Brown,
R. G. Whitehead and H. Everett HOl.~g~n, respeci:ively City Manager, City
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 luunicipal corporation is
duly affixed thereto, and the said Agreement is the act and deed of said cor-
po ration.
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
Nota?y~~ C ~'. ~
My Commission Expires:
Notary Public, State .f Florida at larg7
My Conunission Expires Sept. 29, 1977
Bonded by American fire & Casualty Co.
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