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SANITARY SEWER AGREEMENT ,. .' I f . ,!', AGREEMENT ~ THIS AGREEMENT. made and entered into t"is ../J day of !J:=.' 19 .i.!..., by and between VISION CABLE OF PINELLAS, INC.. a Florida corporation , of 31 N. Ft. Harrison Ave.. Clearwater. FL. 33515. hereinafter referred to as "Owner," and the CITY OF CLEAR WATER. FLORIDA. a municipal corporation, hereinafter referred to as :rpity"; WITNESSETH: " ;~ . :Z1 tfJ r:~. ~ ~ ~<:>l:- "t'J :t::: ~ ooperty G)~Xr-l /.; 0 to ~.ot:Qco O).~ . co '-'uo ~ Co. ."0 rn Z~ A.! 'S:: cUH ~O ti': E-i r...-- if)0)~ 1::~~~ Q.)~ i$.s E . ~ 'IS e ~~ ~ 1~ if) u ~ an' d r;::;' (1) .," ~ ~ - -""'" (,) 'Ij"... >. ' ~~O-:.~ E-, miO' L_ WHEREAS, the Owner presently owns the following described real pro- situated in the City of Clearwater, Pinellas County. Florida, to wit: As described on attached Exhibit A; 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 s ewer line upon ins tallation; and ,~ ;D C\'J e<:> WHEREAS, the Owner is agreeable to have the City of Clearwater com- .. ~ ~<1; o M ~ .j plete said special improvement and upon completion thereof to have the City E--~'o:l'~ Z..::l >< ~ c:: u ~ \2 immediately file a lien against their said property in the amount of their pro- 2>- . ~ 1"""80< ~ 0 ~ t:;: rata share of the cost of the installation of said sanitary sewer line and facility; ~ <; ~and o 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 ioregoing premises and other good and valuable cons ide rations , 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 I "'/,,' j) \. /.if.... I \,J""" .,- ( 1(1 , :::j (/ , 1. II.' ,....- , '.1 -1- () 6 ~oo I ~O() (tJ fA I f property owned by them, legally described as follows:~ As described on attached Exhibit A and that upon completion of said work that the City may immediately file a lien against the said real property in the amount of $6.306.56 which is 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 interes t at the rate of 14.95 % per annum from the date of the lien until paid and in case of default in the payment of said minimum annual pay- ments, 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 legal proceedings, that the Owner shall be respons ible 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 $6.306.56 which is 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 Clear- water 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 agains t their des cribed real property. 3. The City agrees to permit the Owner upon the completion of said Ll'l- stallation 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, per sonal representatives. succes SOl'S and as signs of the parties hereto and -2- _..~~ I l 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 preseL1ts to be executed on the date first above written. Witnesses: ~."II., ' .. .'15L~ ' , .... As to Vision Cable INC. ,~~ ~ .... t:) . .. . .~-: _ ',' .J-- Secre ary '. /. . , (Corporate Seal) By form and Attest: ~~ ~'~. ,/ City Glerk .~ STA TE OF ~LORI:Eh\ tJ~ ) tJ V ) COUNTY OF PINELL~'\6 ) Before me, the undersigned authority, this day personally appeared ~ \ ~ ~ €:.. 't (\ .. \( t\.\ Pt ~ E: Land ~ Q.. "\ \~ U. l :M \ \-.\ '^ '- MA- tJ to me well known and known to me to ~e the individuals described in and who . . ~A,. l"AU . executed the foregoIng Instrument as }"(3Ejl<<acnt and Secretary, respectIvely, of the Corporation named in the foregoing instrument, and they severally acknowledged to and before me that they executed said instrument on behalf of and in the name of said corporation as such officers; that the seal affixed to said instrument is the corporate seal of said corporation and that it was affixed thereto by due and regular corporate authority; tha.t they are duly authorized by said corpora tion to execute said instrument and that said instrument is the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 1..\ ~ day of (V\ A--f , 1981. t) \~\)\'(1.- ~~~. Nota Pu hc MARA J. Notary Public, State of New y'ork No. 31-4714772 Qualified in New York County Commission Expires March 30, 1982 2:> My Commission Expires: - 3- , I STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this 23 day of ,Tunp 19 81, before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, Lucille Williams, and Charles F. LeCher, 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. ~0~~ ~ [J~Qo~;. NotarV Public ~~ My C ommi s si on E xpi res: Notary Public, State of Florida at L M ( .. arg(l y ommlSSW!! Ex.:Ji:er n,., "'1 1w~1 Bondod By Am.;;';, :.:~, ,.':~. ..... "." ~ ,';. -4- - ~ ..- ~ I I . , , Part of the North 350. 00 feet of the South 400. 00 feet lying West of the East 700.00 feet of the SE 1/4 of the SE 1/4 of Section 7, Township 29 South, Range 16 East, Pinellas County, Florida, described as follows: Start at the SE corner of Section 7, Township 29 South, Range 16 East, and go N 89039'14" W, 700.00 feet along the South line of said Section, said South line also being known as the centerline of State Road 590, also known as the centerline of Drew Street; thence N 00054'4111 E, 50.00 feet to a P. O. B., said P. O. B. being on the North right-of- way line of State Road 590; thence continue N 00054'4111 E, 350.02 feet; thence N 8903911411 W, 395.52 feet; thence S 0004111811 W, 350.01 feet along a line 175.00 feet East of and parallel to the centerline of the existing Florida Power Corporation transmission easement as recorded in Deed Book 1519, page 513 of the Public Records of Pinellas County, to a point on the North right-of-way line of State Road 590; thence along said right-of-way line S 89039' 1411 E, 394. 16 feet to the P. O. B. r~:XJlIBIT A