SANITARY SEWER (58)
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AGREEMENT
THIS AGREEMENT, made and entered into this 1;t:h,dayof
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1972, by and between .lospph H. COlic-h. .lr. ~nd/nr Krlthryn W rnllrh
, of 164 Baywood Avenue, Clearwater, Florida
hereinafter referred to as "Owner", .and the CITY OF CLEARWATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City";
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WITNESSETH:
WHEREAS, the Owner presently owns the following describe real pro-
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
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Lot 2 6, B 1 0 c k D , Eastwood Terrace, second ad di t i on.
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WHEREAS,
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the\ Owner
is desirous of and has requested the City to install
and
C' 5~'tlitary 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
sewer 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
fa.cility to serve said property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and
other good and valuable considerations, the parties hereto covenant and agree
as follows:
1. The Owner agrees that the City r:n...~y immediately commence and
complete the installation of a sanitary sewer ~e and facility to serve the real
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property owned by them, legally described as follows:
Lot 26, Block D, Eastwood Terrace, second addition.
and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of the Owner1s pro-rata share for
the installation of said sanitary sewer line and facility. Said lien shall provide
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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, to-
gether 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 the reof by fore-
closure or other legal proceedings, that the Owner shall be responsible for
~o.e payn'">ent of legal fees and all costs of said proceedings.
2. The qwner by this Agreement hereby specifically grants unto the
City of Clearwater a lien in the amount of the Owner1s 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
Clearwater for a special improvement assessment against their said property
for the installation of said sanitary sewer line and facility. The Owner further
agrees up':m 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.
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.
4. This Agreement shall be binding upon the heirs, administrators,
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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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As to City
Approved as to form and
cor ctness:
STA TE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CE;RTIFY, 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 L.-f. ~./. /..j ~ eL l . t:~
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A:;:;' ~rj kJ. e.-ArL !fo me known to be the persons described in
and wno 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-
said this c:
day of t/~
, 1972.
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NO*~:;:';;~- (!? ~~,
My commisSiont:::e;~ /977"
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sTA TE OF FLORIDA
COUNTY OF PINEL LAS
I HEREBY CERTIFY, that on this 8th day of November
Guy L. Kennedy, Jr.
1972, before me personally appeared Merrett R. Stierheim, I-+&~-M;-~~Wofl,
Asst.
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 acknowl-
edged the execution thereof to be their free act and deed as such officers there-
unto 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 cor-
po ration.
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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Notary Public
My Commission Expires:
NO\ITV Public. State of F10ricfl .t lIrCJI
MV Commi1:i"n fx~r;;, Od. 22, 1974
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