SANITARY SEWER INSTALL (50)
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AGREEMENT
THIS AGREEMENT, made and entered into this
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day of
it-d'~ 1988, by and between MARGARET M. TIBERT, a widow,
of 2746 Terrace Drive, Clearwater, Florida 34619, hereinafter referred to as "Owner,"
and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, hereinafter
referred to as "City;"
WITNESSETH:
WHEREAS, the Owner presently owns certain real property situated in the City
of Clearwater Service Area, as described herein; and
WHEREAS, the Owner has requested that the City install a sanitary sewer line
and facility to make sanitary sewer service available to serve the property and that
they 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 desCflibed as follows:
Lot 8, and Lot 7 less the East 30 feet, Block 3, Virginia Grove
Terrace 2nd Addition, according to the map or plat thereof as
recorded in Plat Book 37, page 73, of the public records of
Pinellas County, Florida.
Known as: 2746 Terrace 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 $1,470.70, 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
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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.
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.
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~-~G RET M. IBERT
(SEAL)
CITY OF C/J'WATER, FLORIDA
By: ~ 71... ~
City M;anllger.:
Approved as to form
and correctness: /"';
Attest:
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City Attorney
By:
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~ CIty Gierk _._"__.----..'~"'~>::
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared MARGARET M. TIBERT, to me known to be
the persons described in and who executed the foregoing Agreement, and
acknowledged that she executed the same.
WITNESS
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my hand
and
official seal
this
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day of
, 1988.
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, Notary Pti Ii
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~y~Commission Expires:
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OONOe-o THRU NOTARY PUBLIC UN~E:R;"RITER~.
ST A TE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Ron H. Rabun, M. A. Galbraith, Jr., Cynthia E.
Goudeau, and Rita Garvey, 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.
WITNESS my hand
!2L()~ . 1988.
and
official seal this
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day 0 f
My Commission Expires:
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