SANITARY SEWER (11)
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AGREEMENT
THIS AGREEMENT, made and entered into this txJ.dayof tJl~~,
19~, by and between
JAMES C. USSERY and CAROLYNR.USSERY1
his wife,
, of
1749 West Manor Drive, Clearwater, FL.
hereinafter referred to as "Owner, II 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 pres ently owns the following des cribed real pro-
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perty situated in the City of Clearwater, Pinellas County, Florida, to wit:
Lot 42, Clearwater Manor Subdivision, according to
the map or plat thereof as recorded in Plat Book 41,
page 66 of the Public Records of Pinellas County, Florida..;
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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
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 cons ideration of the foregoing premis es and
ot~er good and valuable considerations, the parties hereto covenant and agree
as follows:
1. The Owner agrees that the City may immediately commence and
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complete the installation of a sanitary sewer line and facility to serve the real
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property owned by them, legally des cribed as follows:
Lot 42, Clearwater Manor Subdivision, according to
the map or plat thereof as recorded in Plat Book 41,
page 66 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 $1,040.00
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 16.65 % 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 costs of said proceedings.
2. The Owner by this A greement hereby specifically grants un.to the City
of Clearwater a lien in the amount of
$1,040.00
which is 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 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 reques t of the City to execute all additional instru...'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-
s tallation to connect to said sanitary s ewer line under the same conditions as other
owners are permitted to do so.
4. This Agreement s hall be binding upon the heirs, adminis tra tors,
personal representatives, successors and assigns of the parties hereto and
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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.
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As to Ussery
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~mesc. Uss ry
C' rtJ1 ~~_ Y't~ luuOM(SEAL)
CarolynR. sery
(SEAL)
Witnes s es :
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correctness:
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City Cle.rk
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CO)J!lte:rl!l igned:
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Mayor - Commis s ioner
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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 James C. Ussery and Carolyn R.
Ussery, his wife, to me known to be the persons des cribed ln
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 afore-
said this ~r- day of ~
, 19 81 .
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, Netfary Public -
My Commission Expires:
NOTAIlY PUBLIC STATE OF FLOIlIDA AT LARGE
MY COMMISSION EXPIRfS JAN. 16 1982
BONDED THIlU GENERAL INS. \JNDEIlWIU TEaS
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this 10 d. day of
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19 7/ , 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
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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 ~~~tten.
Nok
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My Commission Expires:
Uotuol Publi~, State of Florida
My C0rrc:~~;,jr. b~:n~s ldv ~ 19& 'i
J30ndad .T.hlU JI..;I)" fgiO .:. lr..sur<lnce.. JJI_C~
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