SANITARY SEWER (15)
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Q,R.5 0 81 PAGE 386
8015019'1
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AGREEMENT
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THIS AGREEMENT, made and entered into this
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9 day of ~ ~ ,
19~ 80, by and between
Jonas C. Merricks, Jr. and Geraldine Merricks,
1311 Parkwood Street
Clearwater, Florida 33515
, of
hereinafter referred to as "Owner," and the CITY OF CLEAR WATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City";
WI T N E SSE T H :
WHEREAS, the Owner presently owns the following described real pro-
perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 6, Block "B", Pine Ridge Subdivision
according to the map or plat thereof as recorded
in Plat Book 28, Page 98 of the Public Records
of Pinellas County, Florida.
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See 25 2 05 PH '80
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 their said property and that they be permitted to tap into said sanitary
sewer line upon installation; and
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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
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
complete the installation of a sanitary sewer line and facility to serve the real
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O.R. 5 0 81 PAGE 387
property owned by them, legally des cribed as follows:;
Lot 6, Block liB", Pine Ridge Subdivision
according to the map or plat thereof as recorded
in Plat Book 28, Page 98 of the Public Records
of Pinellas County, 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 $670.00
which is the Owner IS
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 8o/c 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 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 cos ts of said proceedings.
2. The Owner by this Agreement hereby specifically grants unto the City
of Clearwater a lien in the amount of $670.00
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 t'l1e City to execute all additional instrlli.-nents, if any, which may be
required to formally grant unto the City a lien agains t their des cribed real property.
3. The City agrees to permit the Owner upon the completion of said in-
stallation 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,
personal representatives, successors and assigns of the parties hereto and
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n.R. 5 0 81 PAGE 3 8 8
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 h.~reto have caused these presents
to be executed on the date first above written.
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By
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A ttes t:
Approved as to form & correctness:
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City Cle,rk
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, 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
Jonas C. Merricks. .I,. and Geraldine
Merricks
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, to me known to be the persons des cribedi-t.n",
and who executed the foregoing Agreement and acknowledged before me t:B:at --
they executed the same.
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WITNESS my hand and official seal in the County and State last afore";
said this JJr day of ~~d
, ~ 1980.
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Notary Public
My Commission Expires:
NOTARY PUBLi C STA.TE O. FLORIDA AI L'.~c...
MY COMMISSION EXPIRES JUNE. 12 1981
BONDEQ THRU GCNERA,l INS U'JD:RW~I fER(
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O,R. 5 0 81 PAGE 389
STATE OF FLORIDA )
)
COUNTY OF PINELLAS ) ~f
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I HEREBY CERTIFY that on this /3 aay 0 . ~~.-h~
19 80 , before me personally appeared Anthony L. Shoemaker, Thomas A.
Bustin, Lucille Williams, and Charles F. LeCher, 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.
My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires Aug. 28, 1982
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