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SANITARY SEWER INSTALL (36) , - ~ ..- ..,. " A G R E E MEN T ~GREEMENT, m~gr and entered into this J?~ day of , 19~, by and between Rex D. Allen and Sheila M. Allen is wife of 2670 3rd Avenue North, Clearwater, Florida 34619, hereinafter referred to as "Owner," and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City;" I I WIT N E SSE T H : WHEREAS, the Owner presently owns the real property described herein, and has requested that the City install a sanitary sewer line and facility to make sanitary sewer service available to serve the property and that the Owner 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: The Easterly 30 ft of Lots 5 , 22, all of Lots 6 , 21, and the Westerly 25 ft 7 , 20, all lying in Block 47, unit NO.1, Sec. "A" Chautauqua on the Lake according to the map or plat thereof as recorded in Plat Book 9, page 52 , Public Records of Pine11as County, Florida. Known as: 2670 3rd Avenue North Clearwater, Florida 34619 and that upon completion of said work that the City may immediately file a lien against the real property in the amoun,t of $1.145.00 which is the Owner's pro rata share of 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 off ice 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. // '../.. C':C' /-;,.. ;,,~ < . l? .-1 .- 2. The Owner bylhiS Agreement specificallylgrants 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 sani tary 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, administra- tors, personal representatives, successors and assigns of the parties hereto and a 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 WITNESS WHEREOF, the parties hereto have caused these presents ~to be ~xec~~ted on the dat: first above wr~n.; f\l\ n ~ , fYlD.~ NESS . Rex D. Allen 2670 3rd Avenue North 1-J nd a 2Q }10Z-Z) Clearwater, Florida 34619 Witness Printed signature ~. ~AU. . EBS ~~ Lirr1CL Zano.2"Zi Witness Printed Signature ~ '- C{j;A-~ d7"()~ ~ . Sheila M.J' J.len 2670 3rd Avenue North Clearwater, Florida 34619 STATE OF FLORIDA COUNTY OF PINELLAS The foregoin3 instrument was acknowledged before me this q. day of ~rc1l , 19~ by Rex D. Allen and Sheila M. Allen. HIS WIFE, who is personally known to me or who has producedFLJ/)L:J:j/tll50~1;;/I-I/t,-D{)(d)as identification and who ( )did (~id not take an oath.FL.ti:;:;t/5fJ-?13-t/~-&f;;Zl signature 0 acknowledgment Type/print/stamp name of acknowledger Title or rank, and Serial No., if any By: ~ ,./ , i ,~., I , ~ t M. -Deptula ci ty. _Manager Approved as to form and correctness: -:L~~~ aXM 7f'. M~A. Galbraith, ~r. - City Attorney -=::;r. : ~ /J~ DD ,ia -~. GOudea,u -Clerk-___..-~--. 3 of Agreement between the CITY OF CLEARWATER, FLORIDA, and lIen and Sheila M. Allen HIS WIFE bearing the date of , , 199~ egarding sanitary sewer for the Easterly 30 ft of ots 5 , 22, all of Lots 6 , 21, and the westerly 25 ft of Lots 7 , 20, all lying in Block 47, unit NO.1, Sec. II A" Chautauqua on the Lake (subdivision). STATE OF FLORIDA ) COUNTY OF PINELLAS ) BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-Commissioner of the city of Clearwater, Florida, to me well known to be the person who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. ~ITNESS my hand and official seal this 19 C; . c,v./..., day of ~ C~~O(~<- Notary P lic e.e: _ .,'J L. BRINK Net81Y l,'~"" ::;tate af Fleri!18 My comm. expirEs May 22, 1995 My Commission Expires: Comm.. No. CC 111741 (include Commission No. Print/Type Name: STATE OF FLORIDA COUNTY OF PINELLAS ) ) ~ ~ BEFORE ME, the undersigned, personally appeared E~eth M.~ Deptula, the Interim City Manager of the City of Clearwater, Florida, to me well known to be the person who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth. 'J,WITNESS my hand and official seal this ,#.. day of ~ 19 q.,. . C ~. ~ NO~bliC CAROLYN L. BRINK Print/type name: Notary Public. State ot Florida My carom. expires May 22, 1"' My Commission Expires:C<lmDli. No. CC 1117t1 (include Commission No.