Loading...
SANITARY SEWER (33) .. ....' " I I AGREEMENT THIS AGREEMENT, made and entered into this ~1'\A \ ':> da y of f\0tOu~\ 1.9 li.., by and between JAMES R. PARADY and GERTRUDE M. PARADY , of 1751 Faulds Road North, Clearwater, FI 33516 , hereinafter referred to as "Owner," and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation. he-reinafter referred to as "City"; WI T N E SSE T H : WHEREAS. the Owner presently owns the following des cribed real pro- perty situated in the City of Clearwater Service A rea. to wit: See Exhibit A attached hereto and made a part hereof; /' and WHEREAS, the Owner is desirous of and has requested the City to install a sanitary sewer line a.nd facility to make sanitary sewer service available to serve their said property and that they be permitted to tap into said sanitary s ewer 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 consideration of the foregoing premises and other good and valuable cons ide rations . 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 rea.l -1- . r-' (!~ . i:Jl'?O-/fP- Ii t; O~ lit . ~-:JJI/ !(,)Lt l~efj..R, 7/1d)/?b .,'" I /'"' '-"',1'/" '''"'' L,,'({- """(.- t: ':' -",':" {,.,," (Ii') .... .'!. ~. I I property owned by them, legally described as follows:; See Exhibit A attached hereto and made a part hereof, and that upon completion of said work that the City may immediately file a lien against the said real property in the amount of S1r/C;7 nn which is the Owner's 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 8 % 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 Agreement hereby specifically grants unto the City of Clearwater a lien in the amount of $ 3 ,257 . 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 themand 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 the City to execute all additional instruments, 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 shall be binding upon the heirs, administrators, personal representatives, successors and assigns of the parties hereto and -2- - ,~~ " I I 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. e/1 ~ cvJ0t- o Be;.: (fjlP. t di~ (SEAL) Witnesses: (SEAL) CITY OF CLEAR WA TER, FLORIDA ffi!~u-?J &~--A-/U By As to q'tt /7 ~/ V./ Attest: , . - ... - ~ - Approved as to form & correctness: .~ City Attorney - , , .'- .,"' ~~l-~~~ ..~~=..Q.'.-8.... l _--- CityClerk,:,~--~- -- - STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) / 1 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 R. Parady and Gertrude M. Parady , to me known to be the persons des cribed 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 afore- \'~ ~ day of \\\..Jc....:.c;;~ , 19 ~. s aid this My Commission Expires: -:. r Notary Public,5tate of Florida My Commission Expires 1an. 17, ElIZ3 ~',.dliJd I hr... I,gy h:lllO. 1fl,~l,.itc,;~'ll.;.., .j"j~. -3- I I STATE 'OF FLORIDA Galbraith, Jr., Cynthia E. Goudeau, and Kathleen F. Kelly, respectively City Manager, City Attorney, City Clerk and Mayor-Co~TIissioner 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 wri t.ten. '-----,.~i "./ <--- /' ',/ -. ' /'~-utz<.-/7L' )~-Ld.i.,-t<./.'. .'.... _9 ary P~iC :. -. ,_;- .... - - --.... My Commission Expires: Notary Public, Slate of Florida"'; My Commission b:~.~t;~ My n, 1988 s,_. ...;~.d Tl.~bl Till, r. i J I .aJ, L.~. -4- ~' . I I; EXHIBIT A That certain part of Tract "A", BEL-KEENE Subdivision more accurately described as that certain parcel beginning at the NW corner of Lot 24 and running South 97.60 feet along the West Line of Lot 24; thence West 168.69 feet to the SE corner of Lot 25; thence North 97.60 feet along the East line of Lot 25; thence East 168.69 feet to the P.G.B. at the NW corner of said Lot 24, as shown on the recorded plat of BEL-KEENE Subdivision and LESS that certain parcel of Tract "A", BEL-KEENE Subdivision more accurately described as that certain parcel beginning at the NW corner of Lot 24 and running Southerly 97.60 feet along the West line of Lot 24, thence Westerly 84.35 feet; thence Northerly 97.60 feet; thence Easterly 84.35 feet to the P.G.B. I' I'