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SANITARY SEWER (59) \~,;j ,.......;,,'~: -q- '(3\ .,: ~ ~9~, by and between '1' l,~j ').. .'<:;"":' ~ \ :-. e:~ "~ a municipal corporation, hereinafter referred to as "City "; ot- '-, :t:; '<l' 00 . " x rl ~( <:) l(~ ~CI:) ',. ,-:r,) ',_:o~: c "-', 4, .', '_)-.~ : ,I ~'Ii ~, CJ.! ';1 i~erty situated in the City of Clearwater, Pinellas County, Florida, to wit: ~ - -~, (!\ 3 r.... I :< i'~ gl~1 '".' . ,.J ~I. (,; ~t:!:.~ f..t\ t: rr) (.) C\l: r' ..~ ~ Cl.)1 .r' ;~,1 0 OJ ~r~ t~ ;q t'-.! n~ (.J ........... '- ,"- .,- , ( ., .. I 40 Rec &~ 80159785 AGREEMENT 67 41 DS ~I[\t &;< t' ~lot" 0- " ~ lL'l ~r THIS AGREEMENT, made and entered into this LINDA LOUISE LIPPER T of 986 Lexington Drive, Dunedin, Fla. 33528 hereinafter referred to as "Owner, II and the CITY OF CLEAR WATER, FLORIDA, WI T N E SSE T H : WHEREAS, the Owner presently owns the following described real pro- SouthS Sfeet of Lot 23 and the North 6 feet of Lot 22, SUBAN'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 40, page 32 of the Public Records of Pinellas County, Florida; ~ ~,f;.~. '~. ,...~" i;' -,r, eo ':0 ~ i' :..,. ;,' ~ >-~ ~~ 'Xl ''''''I ~) <<..~.: I; " ~f"""; ;,," :x:;g ~i: = ?~~' , ,;:;' CitTto ins tall e,.), t:l and WHEREAS, the Owner is desirous of and has requested the 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 (Y" S ewe l' line upon ins talla tion; and au f}~ ~ ~(~! ' ,.~,-- C' ~ , ~,:; 7t. 1-=[ > : ,,:. , -"'1 ";" ,~ "f. " ,..,;.. ~", \ 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 unde r 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 real 'l. t BEING RERECORDED TO CORRECT LEGAL DESCRIPTION 01 C2::1~.1 C....".' 40 1~,...C -I_~_ f1 '~ ~',' '. dJ \l ',-... ,J, -1- If,) L,; -,~-!!,if!1~ /""} '" ,~-t"" 'l. / /_1... ,,- /: , (J~) <.,.--' ; I I ." Q.R.50-.c9t'~ljl: 2~ property owned by them, legally des cribed as follows:: O.R. 5089 PAGE 68 South 55 feet of Lot 23 and the North 6 feet of Lot 22, SUBAN'S SUBDIVISION, according to the plat thereof as recorded in Plat Book 40, page 32 of the Public Records of Pinellas County, Florida, and that upon completion of said work that the City may immediately file a lien agains t the said real property in the amount of $976.00 which is the Owner IS 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 8O/c 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 $976.00 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 therrtand 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 irstruments, 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- stallation to connect to said 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, succes sors and as signs of the parties hereto and -2- ~~ ~.. B.R5008 pm 2rmr- O.R, 5 0 8 9 PAGE 69 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 W1TNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. Witnes ses : ~..;. ~'^:~~ (SEAL) ( /l:~~ppert 67Zi a, e.:~ ~~A?"'~ tZ J,-/~A././)~ - (SEAL) c.--/ By Attest: Approved as to form & correctness: , , ." ~.~,,:,~/,~ f , City Clerk. f~'l~ City Attorney ;', Coun~gned: ~' ? 1 Z~47eAL' " ' Mayor-Commissioner STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I 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 Linda Louise Lippert , 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- said this d-I/ day of A ugus t , 19 80 . My Commission Expires: Notary Pubk State 01 Florida at large M ,Commission Expires Aug. 1, 1982 y d U A~."'can Fi~e &. ~asua!ly. ~:~p~,-...-;...:.~ ~.ondl? ~.v ,-,' '-~ -- - .,-. ..---" 11 .. Ot ~ 7 . Nota.~y Public.. -3- ~..! ~ ,,, '" o,R.5 080 PAGE 70 I I STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this 28thdayof AUQust 1980 , before me personally appeared Anthony L. Shoemaker, Frank Kowa.lski', Lucille Williams, and Charle sF. LeCher, re spectively City Manager, City Attorney, City Clerk an.d 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 writtetl.. My Commission Expires: Notary Public, State 01 Aorida at large My Commission Expires Aug. 28, 1982 Bonded By. American fire & CaSl.liltv Company -4-