SANITARY SEWER INSTALL (24)
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A G R E E MEN T
THIS AGREEMENT '., jiade and entered into this ~ 1/1-- day of
, 19,;?';"Cfly and between John F. Albitz and Trudv E.
is wife ,of P.o. Box 613. Road 5. , Boyertown, Pennsylvania
hereinafter referred to as "Owner," and the CITY OF CLEARWATER,
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 willing to install the sanitary sewer line
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 10, Blk 5, virginia Groves Terrace 2nd Addition
Known as: 1736 Thomas Drive
Clearwater, Florida 34619
and that upon completion of said work that the City may immediately file a
lien against the real property in the amount of $935.90, 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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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's pro rata share for the installation of the sanitary sewer line
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.
WsC'm DO
'5TEverv fYll HE~.B
Witness' Printed Signature
'7\~/l.Co-€f(rr-~
~,\..;~~cc., ~
Trudy E. bitz, hi 'fe
>lane'-:1- iJ. Co Jp q J ou~
Witness'UPrinted signature
CL~' FLORIDA
wrigh ity"Manager
Rita Garvey
Mayor-commissione
~-
Approved as to form
and correctness:
Attest:
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By:
<{ - ,"~' ~-tk-~Q-
ia: lle g~dellu :-
Cle~-Jt -::.
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STATE OF PENNSYLVANIA )
COUNTY OF -g 2 reJ<s )
BEFORE ME personally appeared John F. Albitz and Trudv E.
Albitz. his wife ,to me known to be the persons described in and who
executed the foregoing Agreement, and acknowledged that they executed the
same.
WITNESS my
AJov
hand and official
, 199 t
seal this
dO~
day of
Notarial Seal
ArthUr J, HeIb, NOtary Public
BoyertoWn Bora, BerKs County
My eommission Expires Sept 18, 1994
fIaIlSy\vaJliaASsgdation of
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(J R TI1'V/l J l-IcR g
Notary's Printed Signature
My Commission Expires: q -I ~ - q '+
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE HE personally appeared Michael Wriqht. M. A. Galbraith.
Jr.. Cynthia E. Goudeau. and Rita Garvev, 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.
syl
~ WITNESS
'1.1"1
my hand and
, 19 ~c::( .
official
seal
this
day
of
My Commission Expires:
P bl' State ul Hor:,da
Notary u 11(, '0 \993
" Exp;res Apnl 1 ,
.a, Commission .
mY fain. lnsurance InC.
Ilonclocl IhlU T,QY
f1l~~'"
NotC!rY Public
/loLLY I{ AttSA-N~(j
Notary's Printed Signature
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TO:
FROM:
COPIES:
SUBJECT:
DATE:
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
M. A. Galbraith, Jr., City Attorney
Cecil M. Henderson, Jr., Assistant Director of Public Works/E
William J, Shepard
Agreement for Lien (Sanitary Sewer)
John F. and Trudy E. Albitz
Lot 10. Blk 5, Virginia Groves Terrace 2nd Addition
(1736 Thomas Drive, Clearwater, FI. 34619)
November 26. 1991
Please have the City Commission approve the attached Agreement for Lien.
RECEIVED
NOV 2 7 1991
CMH/WJS/ae
Attachment
CITY ATTORNEY