SEWER - J. STEVEN LEDBETTER AND BOBBIE D. LEDBETTER69063148
O.R. 3113 PAGE 491
AGREEMENT
THIS AGREEMENT, made and entered into this
19th day
of June, 1969, by and between the CITY OF CLEAR WATER, FLORIDA,
a municipal corporation, hereinafter referred to as "City", and J. STEVEN
LEDBETTER and BOBBIE D. LEDBETTER, his wife, hereinafter
referred to as "Owner";
WITNESSETH:
WHEREAS, the Owner now owns the following described real
property and intends to construct a residence thereon:
The North 125 feet of Lot 5, Belleair Grove, First
Addition, according to the map or plat thereof as
recorded in Plat Book 46, page 5 of the Public Records
of Pinellas County, Florida; and
WHEREAS, the Owner desires to connect to the City sewer main
and is agreeable to signing an agreement with the City for municipal sewer
services; and
WHEREAS. the City is agreeable to furnishing said services upon
certain conditions and considerations;
NOW, THEREFORE. the parties hereto hereby covenant and agree
as follows:
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1. The City does hereby agree, subject to the terms 0: this agreement,
to permit the Owner to connect to its sanitary sewer main at the Owner IS
expense. The City does agree that such connection for the treatment of
sewage will at all times be continuous, however, the City shall not be liable
for any damage resulting from any unavoidable cessation of treatme:1t caused
by act of God, neces sary maintenance work, or any cause beyond the control
of the City.
2. In consideration of the covenants contained in Paragraph 1
immediately above 0:1 the part of the City, the Owner agrees:
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I:J R 31 13 p,~':~ 492
(a) To pay the normal sewer connection charge to the City on the
same basis as persons living outside the municipal boundaries are charged.
(b) The parties hereto do further covenant that within two (2) years
from the date that said Owner connects to the City sewer main, he shall
petition the City for annexation into the limits of said City and as a matter
of fact, this agreement may be considered a written request to annex at
the expiration of said two (2) year period.
(c) If at the expiration of a two (2) year period from the date of
connection to the City sewer system the above described real property cannot
be legally annexed into the City, then the Owner shall pay an annual charge
to the City based upon the tax revenue that the City would receive from
real property taxes if the property as hereinabove described was in the
City, and therefore subject to a real property tax by the said City. Payments
shall be made on January lst of each year following the expiration of said
two (2) year period. In the event of annexation as hereinabove provided, the
foregoing annual charge shall not be in effect.
(d) The Owner agrees that this agreement shall be binding upon
his heirs, administrators and assigns and that the City may record this
document if it so desires.
(e) The Owner agrees that the terms and provisions of this agreement
shall be a commitment and obligation which shall not only bind the p::.-esent
Owner of said described real property, but shall run with the land and shall
bind and be enforceable against all subsequent owners of said described real
property whether or not mentioned in the deeds to said owners.
(f) If the Owner, or his successors or assigns or any subsequent
owner shall default in the performance of the terms and provisions of this
agreement and the City shall institute legal proceedings to enforce the terms
and provisions hereof, the Owner, his successors and assigns, covenant
and agree to pay all costs of such proceedings, including the payment of a
reasonable attorney's fee in connection therewith.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be
d year first above written.
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CITY~......w.' E. ';.....'....;'.~.~.;. ,.LO.....RI...........DA
By . :' . .... :"'/' " ..
( C~ty Manager :
Attest:
2 \969
Approved as to & correctness:
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Signed, sealed and delivered in
the presence of:
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C) j f,;,IA~ Uk (SEAL)
// J. Steven Ledbette r
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~~;, "J'(k.;~ (SEAL)
Bobbie D. Ledbetter
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this ~~. day O~A.D. 1969,
before me personally appeared Merrett R. Stierheim, Herbert M. Brown,
R. G. Whitehead and H. Everett Hougen, respectively City Manager, City
Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater,
Florida, a municipal corporation, to me known to be the individuals and office rs
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 Cou..'1ty of
-:P~~~as and State of Florida, the day and year last above written.
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Notary Public
MY.Gp-~mission Expires:
. Nofify' PUblic. Stale of A:>rida at La~e
My Commission Expires Oct. 22. 19 J 0
Aq~..w.rl By Amfll,icaa fire & Casu~ly Co~
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!R 3113 p:c,494
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STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
I HEREBY CERTIFY, that on this day, before me, an officer d-.lly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, pers onally appeared J. Steven Ledbetter and Bobbie D.
Ledbetter, his wife, to me known to be the perSO:1S described in and who
executed the foregoing agreement and acknowledged before me th_al they.7,
executed the same.
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WIT~ESp my hand and official seal in the County and s.tate last afore~
said this \ ~~ day of June, ~~ NO~ p~~<:~\,'~:/~ .
My C:omI:Qission Expires:
l"kt",tY f:dhhc, "late of n,)r,(b ", 1..H~",
Mv :,:urnr-r~:s~H)') Explf(:':~ Jl!fy 18. t ~)/.~
~'Jnder.t u)i {r"'1sarnenci:l In';urilncc Co.
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