SANITARY SEWER (35)
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AGREEMENT
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THIS AGREEMENT, made and entered into this ~ day of OctobQr,
KEN LESCALLEET MINISTRIES, INC.
1.9 ~, by and between
2310 Nursery Road, Cle~r~ter, FL 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 described real pro-
perty situated in the City of Clearwate r Service A rea, to wit:
See Exhibit A a~1:~ched hereto.
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
other good and valuable considerations, the parties hereto covenant and agree
as follows:
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1. The Owner agrees that the City may immediately commence and
complete the installation of a sanitary sewer line a.I'ld facility to serve the real
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property owned by them, legally des cribed as follows:;
See Exhibit A attached hereto.
and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of $4134.08 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 minimwn 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 cos ts of said proceedings.
2. The Owner by this Agreement hereby specifically grants 'Unto the City
of Clearwater a lien in the amount of $4134.08 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 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 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 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
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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.
KEN LESCALLEET MINISTRIES, INC.
Witnesses:
By i1.),/~ ~A/~
President
Attest:
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By
Attest:
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Approved as to form
correctness:
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City Attorn y
STATE OF FLORIDA
COUNTY OF PINELLAS:
_ Before me, the undersigned authority, this day personally appeared
KeV, /(e.N LC5CA 1/6CT and MAt~/Cei Lc.Sf2-~/lce'-r
to me well known and known to me to be he individuals described in
and who executed the foregoing instrument as President and Secretary,
respectively, of the Corporation named in the foregoing instrument,
and they severally acknowledged to and before me that they executed
said instrument on behalf of and in the name of said corporation as
such officers; that the seal affixed to said instrument is the corporate
seal of said corporation and that it was affixed thereto by due and
regular corporate authority; that they are duly authorized by said
corporation to execute said instrument and that said instrument is
the free act and deed of said corporation.
IN WITNESS WHEREO~ have hereunto set
official seal this I day of October
my hand and affixed my
1 1 986 .
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this /ia day of October A(---tJ..f~.L(J
'19 86 , before me personally appeared Anthony L. Shoemaker, M. A
Galbraith, Jr., Cynthia E. Goudeau, and Kathleen F. Kelly, 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 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 written.
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My Commission Expires:
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My ComllJi~si!tH
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Lot 13, Pinellas Groves, as recorded in Plat Book 1,
page 55, of the Public Records of pinellas County,
Florida; LESS AND EXCEPT the South 18.0 feet thereof;
and LESS the West 30.0 feet, and the North 30.0 feet
as recorded in Official Records Book 582, page 561,
of the Public Records of Pinellas County, Florida, being
further described as follows:
Commence at the SW corner of the NE 1/4 of the SW 1/4
of Section 19, Township 29 South, Range 16 East; thence
N 00024'51" E, along the West line of the NE 1/4 of
the SW 1/4 of said Section 19, 33.0 feet; thence S 890
09'04" E, 45.0 feet to the P.O.B.; thence N 00024'51" E,
603.22 feet; thence S 89019'08" E, 259.52 feet; thence
S 00031 '22" W, 603.97 feet, to the North right-of-way
line of County Road 115; thence N 89009'04" W, along
last said line, 258.38 feet to the P.O.B.
EXHIBIT A