SANITARY SEWER (54)
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O.R.4449 PACE 606
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lUG II
2 17 PH '76
AGREEl-,1ENT
THIS AGREEMENT, made and entered into this~M-ay of ~,
197 -.!:_' by and between GARY HOHIMER and CAROLE HOHlMER, ~--
, of 1928 Atlantis Drive, Clearwater, Florida
hereina.fter referred to as "Owner," and the CITY OF CLEAR WATER, FLORIDA,
a InunicipaJ corporation, hereinafter referred to as "Cityll;
WITNESSETH:
WHEREAS, the Owner pres ent1y owns the following des cribed real pro-
perty situated in the City of Clearwaier, Pinellas County, Florida, to wit:
Lot 26, Blk. "A" and Lots 11, 12, & 13, Blk. "B", all in
Sunset ,Point Estates, according to the map or plat thereof
as recorded in Plat Book 39, page 67 of the 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
serre their said property and that they be pennitted to tap into said sanitary
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
'pther good and valuable cons ide rations , the parties hereto covenant and agree
~).s 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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l R. 4449 PAGE 607
property owned by them, legally des cribed as follows:
Lot 26, Blk. "A" and Lots 11, 12, & 13', Blk. liB", all in
Sunset Point Estates, according to the map or plat thereof
as recorded in Plat Book 39, page 67 of the Public Records
of Pine11as County, Florida,
and that upon completion of said work that the City may immediately file a lien
against the s;:j,id real property in the amount of $2,400.00
which is the Own0r rs
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 th~ City Cler.k 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 pay-
ments, together with the interest thereon, that the City may take unmediate 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 OW.1.er shall be respons ible for the payment of
legal fees and all costs of said proceedings..
2. The O...'.1n(;1.' by this Agreem,ent lle.:.-eby specifically gr2nts unto the City
of Clearwater a lien in the amount of $2,400. 00
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 against their described real property.
.:>. The City agrees to pen-nit 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 A greement shall be binding upon the heirs, adlninis trators,
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I.. R.4449 PACE 608
personal representatives, successors :3.nd assigns of the parties hereto and
a copy thereof may be innnediately filcd in the Public Records of Pinellas
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County, Florida, by the City so .as to servc as notice thereof to all other
persons.
IN ,VITNESS WHEREOF, the p:3.rties hcreto have ca"tlsed these pre:sents
to be executed on the date first above ,written.
'\Titne s se s: "
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As to City
STA TE OF FLORIDA )
, COUNTY OF PINELLAS )
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(SEAL)
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(SEAL)
Carole Hohimer
CITY OF CLEAR,Y A TER,
By
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CO'lnte r signed:
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./ Mayor-Corrnniss'. r , .
I HEREBY CER TIFY, that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take acknowl-
edglnents, personally appeared Gary Hohimer and Carole Hohimer, his
wife, to me known to be the persons described In
and \vho executed the foregoing Agreement and acknowledged before me that
they executed the same.
,-
WITNESS my hand and official seallll the County and State last"afore-
caid this 11Kday of :r~ , 1976.
Net." PuWic, Stat. .f AGrida Rt LRrgt" \
My Com...... b.... 101., i9. i98l' ~
BMd.d By Amorlea" Fi'. '" ,o;uoi'=:r .
.V
Notary Public
My Commission Expires:
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I rO:R.4449 PAGE 609
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
ss:
I HEREBY CERTIFY, that on this ~day of ~
19 76 ,before me personally appeared Picot B. Floyd, Thomas A. Bustin,
R. G. Whitehead and Gabriel Cazares, 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 fo:regoing Agreement and severally
acknowledged and 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 Pinellasand State of Florida, the day and year last above written.
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No ry Public ..
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My Commission Expires:
, f1orldo at t~
1'IotorY Illlb\lc, Sto~ ~ 5 pt 29 1917
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My Comn\lss'on 'p, c....u~,." c...
aondcd by ",,,",critp" f"o
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