Loading...
SANITARY SEWER (2) ,~ 1 I AGREEMENT 19 ~, by and between ANTHONY ALES, 1722 1 this + day Of(y~'.r Lucas Drive, THIS AGREEMENT, made and entered into Clearwater, FL , of hereinafter referred to as "Owner," and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, bereinafter referred to as "City"; WITNESSETH: WHEREAS, the Owner pres ently owns tbe following des cribed real pr 0- perty situated in the City of Clearwate r, Pinellas County, Florida, to wit: Lot 7, Block 6, Virginia Grove Terrace 3rd Addition, according to the map or plat thereof as recorded in Plat Book 37, page 74 of the Public Records of Pinellas County, Flo rida. and WHEREAS, the Owner is desirous of and bas requested tbe 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 bave 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 tbeir pro- rata share of the cost of the installation of said sanitary sewer line and facility; and WHEREAS, tbe City is willing to install said sanitary sewer line and facility to E: erve said property unde r certain conditions; NOW, THEREFORE, in cons ideration of tbe foregoing premis es and other good and valuable cons ide rations , tbe parties hereto covenant and agree as follows: 1. The Owner agrees that tbe City may immediately commence and complete the installation of a sanitary sewer line and facility to serve the real _CI (' C '. --( L/vu.'i:-,L- CL c, "j....~}"')':.::.4~,.l I;'., -/ ,.i, ( ::' j,:' C ci k.f? i ! v , t '7 I (~3/~)..' -) c2j/3/f'l -1- or; ~O{l~<:-/)f U7/ ,~ '" I I property owned by them, legally described as follows: Lot 7, Block 6, Virginia Grove Terrace 3rd Addition, according to the map or plat thereof as recorded in Plat Book 37, page 74, 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 $935.90 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 interes t at the rate of 10 % 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 colle"ction 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 $935.90 which is the Ownerls pro-rata of Clearwater a lien in the amount of share for the installation of said sanitary sewer line and facility against the above described real property owned by themand 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 instrlli'TIents, 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, per sonal representatives, succes sors and as signs of the parties hereto and -2- I I a copy t]1e reof may be immediately filed in the Public Rec ords of Pinellas County, Florida, by the City so as to serve as notice the reof to all other persons. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. Witnesses: ~M~ Anthony Ale s (SEAL) o (SEAL) ~.~ :- . : ( \ As to City - . CITY OF CLEAR WATER, FLORIDA ~~ ,,-' ~,J"\ By' ,AJlAA,Ji'tI:J ,ity Manager Attest: m & correctnes s: at . ~ Lei,. ,. - City' Clerk -"-~ Counte rs igned: 1/ 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 Anthony Ales , 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- s aid this /9~ day of t AU rj , 19 84 . My Commission Expires: c ~-~ ~-~ ~"'-:.{1~' ~, Notary ?ublJc ~- r- Notary Pubfic, State of Florida U, e _ _' ,c: Mv Commission Expires Oct. 3.1. 1987 , _ lI....... hA<!t.<I lbll W!~. f."1l :!!1,u'.nc~, In~ -3- ... ~ I I STA TE OF FLORIDA COUNTY OF PINELLAS '744- I HEREBY CERTIFY that on this day of ~k.~GL- \ 19 N ' before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, Lucille Williams, and Kathleen F. Kelly, respectively City Manager, City Attorney, City Clerk and Mayor-Commis sioner 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. ~ ~ '-."\ ~..:.- C . Nota PublIc A Y- ,~. '-. My Comrrrlssion Expires: Notarv puhrrc Sh!~ of Fb:r'a My CommiHion Ex~ires Od. 31, 1981 1190010, I hru I roy faJn". Jnsufanc;e, jR~ -4-