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STORM DRAIN TO ALLEVIATE STORM WATER OVERFLOW ~~ -""l I I AGREEMENT THIS AGREEMENT, made and entered into this ,tiT day of ~t-.I , 1983, by and be'tween ALDO LOVISOLO and VIRCINIA LOYISOLO, h.~lJ w~ of P. O. Box 3681, Seminole, FL. 33542, hereinafter referred to as "Owner", and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City"; WITNESSETH: WHEREAS, the Owner presently owns the following described real property situated in the City of Clearwater, Pinellas County, Florida, to wit: Lot 8, less the West 17 feet thereof, Block A, Fair View Addition, according to the map or plat thereof a.s recorded in Plat Book 5, page 85 of the Public Records of Pinellas County, Florida; also known as 104 N. Evergreen Avenue; and WHEREAS, the Owner is desirous of and has requested the City to install a storm drain pipe to alleviate stormwater overflow on the above described property; 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 their said property in the amount of the pipe material cost used in the installation of said storm drain pipe; and WHEREAS, the City is willing to install said storm drain pipe under certain conditions; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable considerations, the parties hereto covenant and agree as follows: 1. The Owner agrees that the City may immediately commence and complete the installation of a storm drain pipe to serve the real property owned by them, legally described as follows: cc: r c./}'u:;. r<A:...>l.__ C !"f:&.Zry &y~<Jk~/~)7 I ") / ) IJ:'7..7 ~ ,j/ 7; c:"") l' -1- 00 ~OO::Z' 0 ! 6) -, I I Lot 8, less the West 17 feet thereof, Block A, Fair View Addition, according to the map or plat thereof as recorded in Plat Book 5, page 85 of the Public Records of Pinellas County, Florida; also known as 104 N. Evergreen Avenue, and that upon completion of said work that the City may immediately file a lien against the saiid real property in the amount of $2,900.00 which is the pipe material cost !used in the installation of said storm drain pipe. Said lien shall provide ~t 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 payme~ts, 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 $2,900.00, which is the pipe material cost used in the installation of said storm drain pipe, against the above described real proiperty owned by them and waives all requirements and entitlement to the conduct of and notice of any public hearing or hearings by the City of Clearwater for a special improvement assessment against their said property for the installation of said storm drain pipe. The Owner further i I agrees upon the request of the City to execute all additional instruments, if any, which may be required to formally grant unto the City a lien against their des cribed re~l property. 3. This Agreement shall be binding upon the heirs, administrators, personal representatives, successors and assigns of the parties hereto and -2- , . . I I a copy thereof may be immediately filed in the Public Records of Pinellas County, Florida, by the City so as to serve as notice thereof to all other pers ons. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the date first above written. ~ rJ$JlJ~ Aldo Lovis olo (S EA L ) (S EA L) -Virginia Lovi&olQa j~~ A~ tw;f CITY OF CLEAR WATER, FLORIDA BY~ A ttes t: correctnes s : --at...;.. - L ~ · City Clerk j 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 Aldo Lovisolo and Virgluid Luvil:lull':1, h.is ,~-& to me known to be the persons des cribed m 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 ;Z~ day of ~ , 19 83 . ~~~~ '- --- ~ My Commission Expires: NOTARY PUBliC, STATE OF flORIDA MY COMMISSION EXPIRES JAN. 16. 1986 BONDED THRU GENERAL HIS. UlmERi~R\lERS -3- ~ I I STATE OF FLORIDA ) ) COUNTY OF PINELLAS ) I HEREBY CERTIFY that on this Lday of _~~~~ 19 ~3 , 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-Commissioner of the City 6'fClearwater, 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. (Y z. --~ - - ~~V:~ . ;4', . ",~ N otar Public .: -:. / _ ;;-.~ <- "" --- " -':, - - - My Commission Expires: ;- "ofa~ ~blic. Stafe 0' Florid, . Y CommIssion Expires Oct. 3t 1987 '-- i@~.~q Lht~ 119y -.in" I - - . L_ ~ "_'Urlne., In_,,- -4-