SANITARY SEWER INSTALL (31)
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A G R E E MEN T
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THIS AGREEMENT, made and entered into this ~ day of
~~ ' 19 qcf , by and between Mark E. Allen and Kimberlv
A. Allen hi. wife of ~Irvinq Avenue, Clearwater, Florida 34616,
hereinafter referred to as "Owner," and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "city;"
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WIT N E SSE T H :
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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~, Emerald Hill Estates according to
the map or plat thereof as recorded in Plat
Book 46, page 18, Public Records of
Pinellas County, Floridae
Known as: 1351 Irving Avenue
Clearwater, Florida 34616
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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 $2.923.20
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 this Agreement specificallybrants 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, 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.
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WHEREOF, the parties hereto have caused these presents
~he date first above written.
1fI~E:aPt-
Mark E. Allen
1351 Irving Avenue
Clearwater, Florida 34616
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~ .)-~e~i;'-&. Allen
1351 Irving Avenue
Clearwater, Florida 34616
STATE OF FLORIDA
COUNTY OF PINELLAS
~he fOregOin~~nstrument was acknowledged before me
o {\_ , 19 :..J by Mark E. Allen and Kimberl A. Al
who is personally known to me or w has produced
as identification and who ()did )did not tak n ath.
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this ~ day
n S WIFE,
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acknowledgment
Notary Pu~/ic, Stars of Flodda
o f B~IlIiVlW-
Title or rank, and Serial No., if any
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CITY OF CLEARWATER, FLORIDA
By: EliZj:tti~tUl:
Inte:r im ci ty-~anaqer-_
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co~ne .
Rita Garvey
Mayor-Commissioner
Approved as to form
and correc
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Cyn ", ia:E.' Goudeau '" ".'..
City Clerk _ ~ ' '.
Page 3 of Agreement between the CITY OF CLEARWATER, FLORIDA, and
Mark E. Allen and Kimberlv A. Allen. HIS WIFE bearing the date of
, 1993 regarding sanitary sewer for Lot ~,
Emerald Hill Estates.
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.
19!11~TNESS my ha,nd and OffiCiD :eal this 7 day of-fdlui~
tt!a~;;tji(J. .Jj~fY(L)
Print/Type Name:)wi&611 ~'lsolJ
My Commission Expires: ' t//!/9t
{include Commission No. f!.~/ :J.b i t/ () ~
"Ii;,v:;~"" DENiSE A, WILSON
{~"~',~ MY COMMISSION 1/ CC 201408 EXPIRES
"'....,~..o5'E June 18, 1996
"'l,X~;..~~~;." BONOEOTHRU TROY FAIN INSURANCE, INC,
IIIfflll"
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.
/), ,ITNESS my hand and off icial seal this 1 day of -r P Yi J ,../) L J j,-
19.':l.!:L..-. . ~
,";r.~',~~ DENISE ^, WILSON V\ f\f), ^ (J \ a I) , (j " r\ -" \
I.f"'K.V:~ MY COMMISSION 1/ CC 201408 EXPIRES f:::)f J 1 U ~. ~ ,M ~lU
~.~,;:'f June 18, 1996 Notary Publ1.c .
"~h'f.,i~\:;>' BONOEOTHRUTROYFAlNINSURAIlCE,II<<:, Print/type name -:])W i,56 A. LJ,I SO tJ
My Commission Expires: &/1;/910
{include Commission No. {lC d<J/ClOll
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
FROM:
Cynthia Goudeau, City Clerk
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Donald D. Melone
COPIES:
Bob Maran, Civil Engineer III
Claude Howell, Civil Engineer II
Bill Shepard, Engineering Drafting Supervisor
SUBJECT:
Irving A venue Lien Agreement ( Emerald Hill Estates Subdivision )
DATE:
May 11, 1994
Irving Avenue sanitary sewer installation in now complete. The actual cost for the project was less
than that quoted to the property owners. The letter that was sent to each of the abutting property
owners stated "If the final cost of the project is less than estimated, the assessment will be
reduced accordingly. If the final cost is more than estimated the City will absorb the additional
cost. n
According to my records 14 property owners chose to participate. Seven paid cash and seven
signed voluntary Sanitary Sewer Lien Agreements. The City accepted the Sanitary Sewer Lien
Agreements on January 31, 1994.
A difference of 46 cents per front foot exists between the actual cost and original estimated cost.
The savings to the property owners that signed liens are as follows:
Legal Owner Original Adjusted
Amount Amount
Lot 61 Mr. & Mrs. Mark Allen $2,923.20 $2,883.18
1351 Irving Ave.
Lot 63 Ms. Erika Hunter $2,923.20 $2,883.18
1363 Irving Ave.
Lot 68 Mr. & Mrs. Robert McClung $2,923.20 $2,883.18
1374 Irving Ave.
Lot 70 Ms. Linda Jakobsen $2,923.20 $2,883.18
1360 Irving Ave.
Lot 71 Ms. Karen Wulf $2,923.20 $2,883.18
1356 Irving Ave.
Lot 72 Mr & Mrs Gerald Bastarache $2,923.20 $2,883.18
1350 Irving Ave.
Lot 73 Mr. & Mrs. Keith Knudsen $2,923.20 $2,883.18
1344 Irving Ave.
Please use the adjusted amount to correct the agreements made between the City and the above
property owners.
IRVlNGII,DDM