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STORM DRAINAGE .'". j". C) :~ t,j ~:',\ C) E::'j. .. I I Q. P,43,21fAtE1S97 75108375 - " tY,d 11-;' .'''C'''~ c' , AGREEMENT THIS AGREEMENT ,made and entered into this :..-l f, day of rfr.. , 1975, by and between HERMAN KEMPF and MARTHA KEMPF, his wife, of Levittown,New York, hereinaft er 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 following described real property situated in the City of Clearwater, Pinellas County, Florida, to wit: Lot 3, Parkwood Fifth Addition, according to the map or plat thereof, as recorded in Plat Book 64, Page 87 of the Public Records, Pinellas County, Florida; also known as 1366 Jeffords Street, Clearwater, Florida, and WHEREAS, the Owner is desirous of and has requested the City to install a storm drainage line to serve their said property; and WHEREAS, the Owner is agreeable to have the City of Clearwater Ii!) ",~ --',":,\ I .'::,) , en complete said special improvement and upon completion thereof to have the City immediately file a lien against their said property in the amount ( ,I ;,~ r,~ ,~'1 "C) ~ ;''0( of $924. 00 which is their pro-rata share of the cost of the installation of ~.... (<) ',' ~~ ~~ ,~ 'oJ : ~3j said storm drainage line; and WHEREAS, the City is willing to install said storm drainage line to serve said property under certain conditions; NOW, THEREFORE, in cons.ideration of the foregoing premis es and other good and valuable cons iderations, the parties hereto covenant and agree as follows: 1. The Owner agrees that the City may immediately commence and complete the installation of a storm drainage line to serve the real I ~~l " -1- O / f\/)..,) ,~ ((,? "'[j L' ,.,.,:"','{) if :::::: w ~ ""'\1Z7 3: .. ~ '-~ .0 :J::- '~, r't ,- mZ ;;0 m ~ :: ~.- .., ~ =' >!;-, -- ~ <1',,, :u ... B }..J~~ - -r.m ',:-) _ r:t-; ~, r .g :1;, 0' -, ~ ~!';i' --: ". '.) r.. "" " . ._-i 0"':; " ~ (r:~: ~'~: : ~"1 pc, :; Z r~" ~l..I\, ~ ;>~ ;..," f.. f-i ,,:; [.:J o-.l ~,...' "'( " "u c" ;'" 1',"1 <fl '< ~l ~ Q (IZ') ... tL I Ill. t. 4321 PAcr189B property owned by them, legally described as follows: Lot 3, Parkwood Fifth Addition, according to the map or plat thereof, as recorded in Plat Book 64, Page 87 of the Public Records, Pinellas County, Florida; also known as 1366 Jeffords Street, Clearwater, Florida, and that upon completion of said work that the City may immediately file a lien against the said real property in the amount of $924. 00 which is the Owner's pro-rata share for the installation of said storm drainage Hne. 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 8% per annum from the date of the lien until paid and in cas eof default in the payment of said minimwn 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 pro- ceedings. 2. The Owner by this Agreement hereby specifically grants unto the City of Clearwater a lien in the amount of $924. 00 which is the 0wner,.s pro-rata share for the installation of said storm drainage line 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 Clearwater for a special im- provement assessment against their said property for the installation of said storm drainage line. The Owner further agrees upon the request of the City to execute all additional instrwnents, if any, which may be required to formally grant unto the City a lien against their described real property. 3. 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 -2- 01 . ~ I t f.4.121 PAGE1899 Pinellas County, Florida, by the City so as to serve as notice thereof to all other persons. ;,'i> ~ ,_\. ';",1" ... '.,.) ~ , . . ' , \ tJ. .,.' caus edt:b~s.fKJ i " ~t -/l' ~~/ , :> c;. Vi" .... \~ 'v ,'d~) , "'- "' \, I . U. .'~~~, ~~A"~;i ~;6;.t",.....,,,..... IN WITNESS WHEREOF, the parties hereto have presents to be executed on the date first above written. Herman Kempf /;(~/t~ ~t Martha Kempf ...:' By ~' , ; '; ; " .; < A ttes t: Approved as to form and ~~~~~ '( , City Attorney Countersigned: ~/7~d (:z~.~ /' Mayor-Commiss' er. STATE OF NEW YORK ~)tM COUNTY OF ) ) ) I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared HERMAN KEMPF and MAR THA KEMPF, his wife, to me known to be the persons described 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 aforesaid this clq day of. \~, ' 1975. "~'IA.,p', Wi, ~rJ". 'u.i; , '., -4", ,. .' ~'J. .-: ~"i';~'~;~~~;:c,c: ' ", .'l _' , ..J(" " ........".'1 I <L, IT~.(.;;/"., .JO, t, !/tJvH My Commission Expires: A-/i (}-/^C~]() (15 7 /0 , -3- ,-. I I o. R,4321 'PAGE1900 , I" I' ~ I ~STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY, that on this J/4'l" day of ~ 1975, before me personally appeared Pic<;>t B. Floyd, Thomas A. Bustin, R. G. Whitehead and Gabriel Cazares, respectively C~ty 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 des cribed 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. - ~ ~ I ~ ~,' [1 rl WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. Notary Public ~.i<~,~t:"C'11't~'7 '.- ~ 0" ~-6,.,~ ,.': ",0'" "'" ':';'-', ("'"i '-'. ,,' ; Ji ~ 0 - b . :- ! ~:~j' '-:,',-:- ~, : ,::~).:..,<)...:..., '~~::.J.;:, ~"i:',;:"', ~ : ., l.. ',", c!i "I ' ,~ ~V'~. ' "'.1...,-:'.',:,. ~ \,~ 1If~.~ " ~#4' -,C),: ,';~i~..~,~", ".I/':"?~" " "'~ '!',~l" ' ~t" 'K~~, My Commission Expires: Notary Public:, State of Florida at La.". MyConrmiss;on bpi res Sept. 29, 19" Bonded by American fire & Casualty Co. '~ ~ l -4-