SANITARY SEWER (57)
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L.R. 3961 PAGE962
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AGREEMENT
THIS AGREEMENT, made and entered into this:2.-?~day Of~--i ,
1972, by and between JohnJ. Plsacano and Josephine M~ Pisacano
, of ?16 Anna ~venue - Clearwater. Fla.'. 3'31)1 S
hereinafter referred to as "Owner", and the CITY OF CLEARW A TEH, FLORIDA,
a municipal corporation, hereinafter referred to as "City";
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WITNESSETH:
WHEH.EAS, the Owner presently owns the following describe real pro-
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 9 - Elk. "E" - Esatwood Terrace ?nd Addition
and
WHEHEAB, the Owner is desirous of and has requested the City to install
C' s<:!l)itary sewer line and facility to make sanitary sewer service available to
serve their said property and that they be permitted to tapinto 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
imm'ediately 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 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 may immediately commence and
complet~ the installation ofa sanitary sewer line and facility to serve the real
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G.R. 3961 PAGE 963
property owned by them, legally described as follows:
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Loti 9 - Blk. "E" - Eastwood Terrace ?nd Addition
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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 Owner's pro-rata share for
the installation 01 said sanitary sewer line and facility. Said lien shall provide
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that it may be paid in ten equal annual payrncnts in the office of the City Clerk
with inte re st 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 coll~ction thereof by fore-
closure or other legal proceedings, that the Owner shall be responsible for
the payment of legal fees arid all conts of said proceedings.
2. The Qwner by this Agreement hereby specifically grants unto the
C;;ity of Clearwater a lien in the amount of 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 0 r 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'Jn the request of the City to execute all additional instruments, if
any, which!na.)~2>erequired to formally grant unto the City a lien against their
described real propert;.~n
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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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O..R. 3961 PAGE 964
persohal representatives, SUccessors and assigns of the parties hereto and
a copy thereo{ may be immediatcly filed in the Public Records of Pincllas
County, Florida, by the City so as to serve as notice thereof to all othe r
persons.
IN WITNESS WHEREOF, thcparties r..crcto have caused these presents
to be executed on the date first above written.
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. '. s to City
Approved as to form and
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Cit)T Attorney
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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(SEAL)
(SEAL)
FLOIUDA
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I HEREBY CBR TIFY, 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 ,John.T _ Pi sacano and Josephine M.
Pisacano
to me known to be the persons described in
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and who executed the fo!eg()iI1Kl~..gl"_el;lm~~"tilnd -a.CkllClwledge_d}::)eJ6-ieni-e that _
they executed the same.
WITNESS my hand and official seal in the
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County and State last *,r~\1i :;.....
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said this ?-rl-2-:dayof ~~~1if\.-.l972.
Notary Public
My Commission Expires:
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O.R. 3961 PAGE 965
STATE OF FLORIDA
COUNTY OF PINELLAS
I HERE~Y CERTIFY, that on this ~7 _ day of (C~
1972, before me personally appeared Merrett R. Stierheim, Herbert M. Brown,
R. G. Whitehead and H. Everett HO"L~g~n, respectively City Manager, City
Attorney, City Clerk and Mayo r- COlnn:is sioner, 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-
poration,
WITNESS my signature and official seal at Clearwater in the County of
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day and year last above written.
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Notary Publi , - '..:.
My Commission Expires;~\:; .,. .....;.,. j\l /"
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Pinellas and State of Florida, the
Rotary-'~bli~:"St~t~~l' Florida at large
My Commission Expires Se:,i, 29, 1973
Bonded By American Fire &. Casualty Co.
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