SANITARY SEWER (43)
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AGREEMENT
THIS AGREEMENT, made and entered into this /z.,-thday of~,
19 ~, by and between WILLIAM L. COUCHENOUR
, of 9700 Koger Blvd., Suite 210, St. petersbur~,
FL 337U:L
hereinafter referred to as "Owner, II and the CITY OF CLEAR WATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City";
WI T N E SSE T H :
W"I1EREAS, the Owner pres ently owns the following des cribed real pr 0-
perty situated in the City of Clearwate r Service A rea, to wit:
Lot 15, Block I, Carlton Terrace 1st
Subdivision, according to the map or
plat thereof as recorded in Plat Book 43,
page 39 of the Public Records of Pinellas
County, Florida; being 1830 Diane Dr.,
Clearwater, FL 33519;
and
WHEREAS, the Owner is des irous 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
sewe.r line upon installation; and
WHEREAS, the Owner is agreeable to have the City of Clearwater com-
plete said special improvement and upon completion thereof to have the City
immediately file a lien against their said property in 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 cons ideration of the foregoing premis es and
other good and valuable considerations, the parties hereto covenant and agree
as follows:
1.
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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 des cribed as follows:;
Lot 15, Block I, Carlton Terrace 1st Subdivision, according
to the map or plat thereof as recorded in Plat Book 43, page
39 of the Public Records of pinellas County, Florida; being
1830 Diane Dr., Clearwater, FL 33519,
and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of $1 ,002.75
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 interest at the rate of 10
0/0 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 ioreclosure 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 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 $1,002. 75
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 instrum.ents, 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 in-
s tallation to connect to said sanitary s ewer 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
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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
pers ons.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed on the date first above
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Witnes s es:
William L. Couchenour
(S EA L)
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As to City
CITY OF CLEAR WATER,
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Attest:
Approved as to form & correctness:
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City Attorn '.
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~..city>Clerk ._'
COUNTY OF PINELLAS
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STATE OF FLORIDA
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowl-
edgments, personally appeared
William L. Couchenour
, to me known to be the persons des cribed in
and who executed the foregoing Agreement and acknowledged before me that
they executed the same.
WITNESS my hand and official seal in the County and State last afore-
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said this \ ~ day of
O~0-.i:: tL..
, 1985
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My Commis s ion Expires:
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STATE OF FLORIDA I)
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COUNTY OF PINELLAS )
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I HEREBY CERTIFY that on this ~day of /l~tJe-rn/"e('
1.9 85
, before me personally appeared Anthony L. Shoemaker, M. A
Galbraith, Jr., Cynthia E. Goudeau, and Kathleen F. Kelly, respectively
City Manager, City Attorney, City Clerk and Mayor-Co~~issioner 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.
My Commission Expires:
Notary Public, State of Florida""
?'y Commission Expires lilil. "/, 198~!
6unwed 1 fln.l 'lruy fain - InSClH!l1:e, Inc.
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