SANITARY SEWER (39)
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AGREEMENT
TIm AGREEMENT, made and entered into this <3-0-- day of
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, 1988, by and between Ronni Joe Bare and
JacquelineKay Bare. his wife, of 3009 Virginia Avenue, Clearwater, Pinellas
County, Florida, hereinafter referred to as "Owner," and the CITY OF
CLEAR WATER, FLORIDA, a municipal corporation, hereinafter referred to as
"City;"
WITNESSETH:
WHEREAS, the Owner presently owns certain real property situated
in the City of Clearwater Service Area, as described herein; and
WHEREAS, the Owner has requested that the City install a sanitary
sewer line and facility to make sanitary sewer service available to serve the
property and that they be permitted to tap into the sanitary sewer line upon
installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater
complete said special improvement and upon completion thereof to have the
City immediately file a lien against the property in the amount of their pro
rata share of the cost of installation of the sanitary sewer line and facility; and
WHEREAS, the City is willing to install the sanitary sewer line and
facility to serve the property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto 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
property owned by them, legally described as follows:
Lot 3, Block 1, Bayview City Subdivision, according to the
map or plat thereof as recorded in Plat Book 9, page 43,
of the Public Records of Pinellas County, Florida.
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Known as:
3009 Virginia Avenue, Clearwater, Florida
and that upon completion of said work that the City may immediately file a lien
against the real property in the amount of $266.00 which is the Owner's pro rata
share for the installation of the 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 8% per annum from the date of the lien
until paid and in case of default in the payment of said minimum annual
payments, 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 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 specifically grants unto the City
of Clearwater a lien in the amount set forth in Paragraph 1 above, which is the
Owner's pro rata share for the installation of the sanitary sewer line and
facility against the above described real property and waives all requirements
for and entitlement to the conduct of and notice of any public hearing by the
City of Clearwater for a special improvement assessment against their 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 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 to connect to the 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,
personal representatives, successors and assigns of the parties hereto and a
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copy thereof may be immediately recorded in the Public Records of Pinellas
County, Florida, by the City so as to serve as notice thereof to all other
persons.
IN WlTRESS WHEREOF, the parties hereto have caused these
presents to be executed on the date first above written.
Witnesses:
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onni Joe Bare ,
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~ ay Bare "-.j ".
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City Attorney
~ CITY OF CLEARWATER,~~ORIDA
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Attest: _ ~ __
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City e.xer~, -', . _~.- _=.:_ ~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I HEREBY CERTIPY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared Romie Joe Bare and JaequelireKay Bare, his
wife, to me known to be the persons described in and who executed the foregoing
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Notary ~
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My Commission Expires:
.ONn .S~I 1~~3~J8 nu~! OlG~rG
t66['GI'~ON 'eX] hGISSIWNO: .~
WOIH013 ~o ]l~lS JI1Snd AH~lON
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Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida, a
municipal corporation, to me Imown to be the individuals and officers described in and
who executed the foregoing Agreement and severally aclmowledged 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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My Commission Expires:
Notary Public, ~1;;LC l.il ll..:i,ua
My Commission Expires Jlliy 1..1., I iiiiB
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