SANITARY SEWER (37)
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AGREEMENT
TffiS AGREEMENT, made and entered into this /Ztl'day of~~.PJL,
85 L-EONARD J. CUCINOTTA and DIANA CUCINOTTA,
, by and between
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his wife,
, of
1812 Diane Drive, Clearwater, FL
hereinafter referred to as "Owner, II 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 Clearwater Service A rea, to wit:
Lot 12, Block I, Carlton Terrace First Addition,
accordina to the map or plat thereof as recorded in
Plat Book 43, page 39 of the Public Records of
Pinellas County, Florida;
and
WHEREAS, tbe Owner is des irous 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
s ewe r line upon ins talla tion; 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
imm.ediately file a lien against their said property in the am.ount of their pro-
rata share of the cost of the ins tallation of said sanitary s ewer 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 consideration of the foregoing premises and
other good and valuable cons ide rations , 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..'"ld facility to serve the real
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property owned by them, legally des cribed as follows:;
Lot 12, Block I, Carltofi Terrace First Addition,
according to the maD or plat thereof as recorded in
Plat Book 43, page 39 of the Public Records of
Pinellas County, Florida,
and that upon completion of said work that the City may immediately file a lien
against the said real property in the amount of $1,016. 12
which is the Owner IS
pr'o-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 10
% per annuzn 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 cos ts of said proc~edings.
. 2. The Owner by this Agreement hereby specifically grants unto the City
of Clearwater a lien in the amount of $1 ,016. 12
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 instrum.ents, 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-
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
pers ons.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be
(SEAL)
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(S EA L)
Diana Cucinotta
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As to City
CITY OF CLEARWATER, FLORIDA
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By
,
Approved as to form & correctness:
Attest:
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City Attorney
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
1 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 Leonard J. Cucinotta and Diana
Cucinotta, his ~;,'ife, , 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 3D'\-^'- day of
o ~ -", 21"L
1985 .
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My Commission Expires:
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STATE OF FLORIDA I
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COUNTY OF PINELLAS
I HEREBY CERTIFY that on this 1r2~ day of /lJou-erY\ter
'/.9 85 , 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 ~ayor-Co~nissioner 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.
~Q.d,.~
Nary Public
My Commission Expires:
Notary Public. State of Florida
My Commission fxp"<>< bn 7, Wi9
Bonded lhru Tr'J)' (-'",in. Imu[uncc, jnc.
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