SANITARY SEWER (55)
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AGREEMENT
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THIS AGREEMENT, made and entered into this /~ day of
, A. D. 1970, by and between GEORGIA H. ZINSSER,
of 3035 Eastwood Drive, Clearwater, Florida, hereinafter
referred to as "Owner", and the CITY OF CLEAR WATER. 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:
The East 200 feet of the South 90 feet of the South one half of the SW 1/4 of
the NW 1/4 of the NW 1/4 of Section 16, Township 29 South, Range 16 East,
Public Records of Pinellas County, Florida; and
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 her said property and that she be permitted to tap into
said sanitary sewer line upon installation; and
WHEREAS, the Owner's pro-rata share of the cost of the installation
of said sanitary sewer line and facility by the City of Clearwater would amount
to $1276.00, and the Owner is agreeable to have the City complete said special
improvement and upon completion thereof to have the City imrre diately file
a lien against her said property in the amount of $1276.00; and
Whereas, the City is willing to install said sanitary sewer line and
facility to serve said property under certain conditions:
NOW J THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties.hereto covenant and agree
as follows:
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O;R, 3381 PAGE 151
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 her and that upon completion of said work that the City may
immediately file a lien against the said real property, legally described as
follows: The East 200 feet of the South 90 feet of the South one half of the
SW 1/4 of the NW 1/4 of the NW 1/4 of Section 16, Township 29 South, Range
16 East, Public Records of Pinellas County, Florida, in the amount of
$1276.00, which represents the Owner I 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
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 $1276.00 against the above described
real property owned by her 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 her 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
her described real property in the amount of $1276. 00.
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.
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O.R. 3381 PAGE 152
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 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
presents to be executed on the date first above written.
Witnesses:
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ST A TE OF FLORIDA }
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COUNTY OF PINELLAS }
I HEREBY CERTIFY, that on this day, before me, an officer duly
authorized in the State afores,aid and in the County aforesaid to take
acknowledgments, personally appeared Georgia H. Zinsser to me known to
be the person described in and who executed the foregoing agreement and
acknowledged before me that she executed the same.
WITNESS my hand and official seal in the County and Sta.t.e lq..st,\~td:r'e'"
said this /0 Y..:.:L day of C?.A-< -i~':I!:--- , A. D. 19tj(~:>\,' ,," "
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My Commission Expires:
NOTARY PUBUC, STATE of FLORIDA at tARGE
MY COM_MISSION D~pmES JULY 26 1974
BONDED THrmll"'-' "Rill;? '10'. EilmTELl1~t(~1
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IbJR. 3381~~GE 153
STA TE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this (q-ri day of ~' ,
A. D. 1970, before me personally appeared Merrett R. Stierheim, 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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My Commission Expires:
Notary Public, S:J!e of fb:;da d LarCJe
My Commission Exp:res Sspl. 29, 1973
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