SANITARY SEWER INSTALL (2)
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A G R E E MEN T
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THIS AGREEMENT, made and entered into this ~ 3 day of
, 1991, by and between
Thomas W. Johnson and
Johnson
His Wife
of
1457 Dexter Drive
Clearwater, Florida
34616-2448
hereinafter referred to as
"Owner," and the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "city;"
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:
Lot 21, Block A, Douglas Manor Lake Subdivision
Known as: 1457 Dexter Drive, Clearwater, Florida, 34616
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and that upon completion of said work that the city may immediately file a
lien against the real property in the amount of $1.000.00 ,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 O~ner'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 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.
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IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the date first above written.
~itnesses:
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By:
FLORIDA
Rita Garvey
Mayor-commissione
C1ty Manager
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Approved as to form
and correctness:
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STATE OF FLORIDA )
COUN~Y OF PINELLAS )
BEFORE ME personally appeared
Thomas W. Johnson and Sherry L.
Johnson, His wife
, to me known to be the persons described in and who
executed the foregoing Agreement, and acknowledged that they executed the
same.
WITNESS my
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CommlSSlon Explres:
hand
and
official seal this :L~~~ day of
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Notary pu 11C--:. _ ",,:... ',.
NOT.'H;Y PC~3L!C, ST^ TE OF: FL\.!.!:,IIJA,-
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My
STATE OF FLORIDA
COUNTY OF PINELLAS
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BEFORE ME personally appeared Michael wright, M.A. Galbraith, Jr.,
Mary Kathryn Diana for
Cynthia Ee Goudeau, and Rita Garvey, to me well known, and known to be the
individuals described in and who executed the foregoing instrument as city
Manager, city Attorney, City Clerk and Mayor-Commissioner, respectively, of
the city of Clearwater, Florida, a municipal corporation, and that the seal
affixed to the foregoing instrument is the City seal of said city and the
said instrument is the free act and deed of said City.
WITNESS my hand and official seal this
C<~~ day of
My
met
commission Expires:
!i!"'" Notary Pubfic, State of Aorida
My Commission Expires April 20, 1993
80nded Thru Troy fain ~ Jnsulance Inc.
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