SANITARY SEWER INSTALL (48)
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THIS
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A G R E E MEN T
AGREEMENT, made and entered into this I~~ day of
, 1989, by and between JAMES F. SMYTH, of 1401 Citrus Street,
Clearwater, Florida 34616, hereinafter referred to as "Owner," and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City;"
WIT N E SSE T H:
WHEREAS, the Owner presently owns the real property described herein, and
has requested that the City install a sanitary sewer line and facility to make
sanitary sewer service available to serve the property and that the Owner be
permitted to tap into the sanitary sewer line upon installation; and-
WHEREAS, the Owner is agreeable to have the City of Clearwater complete
said special improvement and upon completion thereof to have the City immediately
file a lien against the property in the amount of their pro rata share of the
cost of installation of the sanitary sewer line and facility; and
WHEREAS, the City is wi 11 i ng to i nsta 11 the san itary sewer 1 i ne and
facility to serve the property under certain conditions;
NOW, THEREFORE, in consideration of the foregoing premises and other good
and valuable considerations, the parties hereto 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 property
owned by them, legally described as follows:
Lot 18 and the West 50' of Lot 17, Block C, Sunny Park
Groves Subdivision, according to the map or plat thereof
as recorded in Plat Book 36, Page 2, of the pub 1 i c
records of Pinellas County, Florida.
1401 Citrus Street, Clearwater, Florida 34616,
Known as:
and that upon completion of said work that the City may immediately file a lien
against the real property in the amount of $1,164.00, which is the Owner's pro
rata share for the installation of the 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
payments, 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 proceedings, that the Owner shall be responsible for the
payment of legal fees and all costs of said proceedings.
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foreclosure or other 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 specifically grants unto the City of
Clearwater a lien in the amount set forth in Paragraph 1 above, which is the
Owner I s pro rata share for the installation of the sanitary sewer 1 ine and
facility against the above described real property and waives all requirements
for and entitlement to the conduct of and notice of any public hearing by the
City of Clearwater for a special improvement assessment against their 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 against their
described real property.
3. The City agrees to permit the Owner upon the completion of said
installation to connect to the 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 a copy
thereof may be immediately recorded 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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() ~-.:J /t~ it;(SEAL)
JA~-t~AYTH --r
Witnesses:
CITY OF CLEARWATER, FLORIDA
By: ~ -;4! t2t-
Ron H. Rabun
City Manager
Attest:
Rita Garvey
Mayor-Commissioner
By:
'J. ' )' '~,l- --}. ~:_~
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ia E'-:G~deau:-' - - ~
Clerk
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared JAMES F. SMYTH, to me known to be the persons
described in and who executed the foregoing Agreement, and acknowledged that they
executed the same.
WITNESS my hand and official seal this
~~~.~~
, 1989.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
~~~~~
Notary Public
My Commission Expires:
tL
If - day of
NOTARY PUBLIC STATE OF FLORIDA
MV COMMISSION EX~. FE!.13,1!!2
BONDED THRU GENERAL INS. UNO.
BEFORE ME personally appeared Ron H. Rabun, M. A. Galbraith, Jr., Cynthia
E. Goudeau, and Rita Garvey, to me well known, and known to be the individuals
described in and who executed the foregoing instrument as City Manager, City
Attorney, City Clerk and Mayor-Commissioner, respectively, of the City of
Clearwater, Florida, a municipal corporation, and that the seal affixed to the
foregoing instrument is the City seal of said City and the said instrument is
the free act and deed of said City.
WITNESS
tJ effrrf-ev
hand
and
my
, 1989.
official
seal
this
/t~
day
of
t/;!;h.~
Not~ry Publ
My Commission Expires:
pr MotirYPlibt.c.State of FlcrM~'
My Commission Expires April 2,0, 1993
Bonded Tl1rll Troy (=tlin