SANITARY SEWER INSTALLATION
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AGREEMENT
THIS AGREEMENT, made and entered into this
30~' day of
, A. D. 1972, by and between STEWART D. HOLMES
and CA
HOLMES, his wife, of 1408 Orange Street, Clearwater,
Florida, hereinafter referred to as 110wner", and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, the Owner presently owns the following described real
property situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 16, Block G, Sunny Park Groves, according to the map
or plat thereof as recorded in Plat Book 36, page 2 of the
i j Public Records of Pinellas County, Florida; also known as
1408 Orange Street, Clearwater, Florida;
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and
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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
complete said special improvement and upon completion thereof to have the
City immediately file a lien against their said property i;n 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
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property owned by them, legally described as follows:
Lot 10', Block G, Sunny Park Groves, according to the map
or plat thereof as recorded in Plat Book 36, page 2 of the
Public Records of Pinellas County, Florida; also known as
1408 Orange Street, Clearwater, Florida;
and that upon completion of said work that the City may irmnediately file a lien
against the said real property in the amount of 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 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 fore-
closure 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 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
Clearwater 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 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 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, administrator,
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
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As to Holmes
~~~(SEAL)
arolyn A. Holmes
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A~
FLORIDA
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
Attest:
Approved as to form and
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corr~<rtne$'s: l'
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'~--)v-yt'--t{ / /'? ' ,
City Attorney ~
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared Stewart D. Holmes and Carolyn A.
Holmes, 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 lficial seal in the County and State last afO:J:.e-
said this 10-..,-4 day of ,u I\.) e. , A. D. 1972. . " ~
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My Commission Expires:
NOTARY PUBLIC, STATE of FLORIDA at lARGE
MY COMMlssrm,i FxrmES JU~_Y 26 1974
SOND,ED THROUGH fHED W. DIESTELHORST
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STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this 80 ~day of ~'.,
A. D. 1972, before me personally appeared Merrett R. Stierheith, Herbert M.
Brown, R. G. Whitehead and H. Everett Hougen, respectively 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 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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Notary Public
My Commission Expires:
Notary Puhj~,. Slab 0/ Florida al Large
My Ccmil,i"iunbpircs Od. 22, i974
Bonded by American Fir. & Casualty COs
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