SANITARY SEWER INSTALL (22)
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A G R E E MEN T
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!'of
THIS AGREEMENT, made and entered into this ~a. --1l. day of
~ ,19'fi, by and between Jeffrev Ke Herndon and
Debra L. Herndon. his w1fe of 3136 San Mateo Street , Clearwater,
Florida 34619, 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 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 23, Del Oro Gardens Subdivision
according to the map or plat thereof as
recorded in Plat Book ~, page ~, Public
Records of Pinellas County, Florida.
Known as: 3136 San Mateo Street
Clearwater, Florida 34619
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and that upon completion of said work that the City may immediately
file a lien against the real property in the amount of $700.00 which
is the Owner's pro rata share of 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 Ihis Agreement specifiCally\rants 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.
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4. This agreement shall be binding upon the heirs, administra-
tors, 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 WHER OF the parties hereto have caused these presents
ate first above written.
WI
34619
P a..-kr \'C'y; tie.r-r-dlJn
Witness Printed Signature
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Debra L. Herndon--
3136 San Mateo Street
Clearwater, Florida 34619
STATE OF FLORIDA
COUNTY OF PINELLAS
/~'.';j-.~:'HJ.:;:.'" PATRICE D. BARBER
i"': \'~"l~ MY COMMISSION' CC 233737
~.~.~~ EXPIRES; October 27, 1996
......:f,Rl:i~~~" Bonded Thru Notary PublIc lhIerwriterI
Title or rank, and Serial No., if any
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Rita Garvey
Mayor-Commissione
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CITY OF ClEARWATER, FLORIDA
By: ~" ,ua<i?
Eli?',. th.~.Deptu~a
IR-&e . C:i ty Manage.;-
AT'l,!E~T::
to form
Attorney
Page 3 of Agreement between the CITY OF CLEARWATER, FLORIDA, and
Jeffrey K. Herndon and Debra L. Herndon. HIS WIFE bearing the date of
, 1994 regarding sanitary sewer for Lot~, Del
Oro Gardens Subdivision .
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Rita Garvey, the
Mayor-Commissioner of the City of Clearwater, Florida, to me well known
to be the person who executed the foregoing instrument and acknowledged
the execution thereof to be her free act and deed for the use and
purposes herein set forth.
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q,~ITNESS my hand and official seal this ~~ day of
19 "t.
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Notary blic
CAROLYN l. BRINK
Print/Type Name :Notarv Public, State of Florida
My comm, expires May 22, 1995
M C . . E' . Comm. No. CC 111741
Y ommlSSlon xplreS~
(include Commission No.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, the Interim City Manager of the City of Clearwater, Florida,
to me well known to be the person who executed the foregoing instrument
and acknowledged the execution thereof to be his free act and deed for
the use and purposes herein set forth.
. . . ........'J~d f n-,-.~Il
W~TNESS my hand and offlclal seal thls 0( ~ ay 0 ~
19 q Lf .
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Notary Public
CAROLYN l. BRINK
Print/type naml!l'Qtary Public, State of Florida
My COIlUIl. t::Ayh"" M.,}' !Z, 1883
.. eomm. No. CC 111141
My Commlsslon Explres:
(include Commission No.