STIPULATED MOTION FOR ENTRY OF FINAL JUDGEMENT BY CONSENT
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELlAS COUNTY, FLORIDA
CIRCUIT CIVIL CASE NO. 88-5358-7
COUNTRYSIDE CHRISTIAN CENTER, INC.,
Plaintiff,
vs.
CITY OF CLEARWATER, a municipal
corporation in the State of Florida,
Defendant.
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STIPULATED MOTION FOR ENTRY OF FINAL JUDGMENT BY CONSENT
The Plaintiff, COUNTRYSIDE CHRISTIAN CENTER, INC., and the Defendant, CITY
OF CLEARWATER, on behalf of themselves, their successors and assigns, and their
officers and employees, all of whom are referred to collectively and singularly
as the "parties," jointly move for the entry of a final judgment by consent in
this case pursuant to the Settlement Agreement entered into between and among the
parties, the original of which has been filed in this action, such that the
Settlement Agreement shall be incorporated therein and have the full force and
effect of law. In support thereof, the parties would show:
1. The parties have agreed to resolve their differences and settle their
claims relating to the annexation of certain real property owned by the Plaintiff
and known as Countryside Christian Center, which is described more particularly
in the Settlement Agreement, and the policy of the City of Clearwater requiring
annexation or an agreement to annex real property located outside the corporate
limits of the City as a condition of receiving sewer service from the City, and
related issues as described in the Settlement Agreement.
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2. The parties have approved the Settlement Agreement, and have
authorized their respective attorneys to move for the entry of a consent judgment
incorporating the terms and conditions of the Settlement Agreement therein.
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T.
Barnett Bank Plaza S
1150 Cleveland Str e
Clearwater, fl 34 5
Attorney for Plaintiff
FINAL JUDGMENT BY CONSENT
This action having come on to be heard before me on a Stipulated Motion for
Entry of Final Judgment by Consent in which all of the part ies hereto have
joined, and the Court having been further advised in the premises, it is hereby
ORDERED AND ADJUDGED that:
1. This Court has jurisdiction over the parties and the subject matter
of this action.
2. The parties were and are fully authorized to enter into the
Settlement Agreement upon which the stipulated motion for this final Judgment by
Consent is based, and have authorized their counsel to file the stipulated
motion, and the stipulated motion is valid and binding upon each of the parties
hereto, their successors and assigns, and their officers and employees.
3. The Court accepts and confirms the terms and conditions of the
Settlement Agreement, the original of which has been filed in this action, and
incorporates the Settlement Agreement herein by reference as if set forth in
fu 11.
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4. This Final Judgment by Consent is intended and shall be construed as
creating a covenant which runs with the land, and the same shall be binding upon
each of the parties hereto and any and all of their successors in title or
interest to the real property now known as Countryside Christian Center, which
property is more fully described in the Settlement Agreement.
5. The Court hereby retains jurisdiction for purposes of enforcement of
the provisions of the Settlement Agreement and this Judgment.
6. Any party hereto, or any successor in title or interest to the real
property described in the Settlement Agreement, shall have the right to enforce
the Settlement Agreement and this judgment by motion for injunctive relief, or
by any other civil remedy at law or in equity.
7. Each party shall bear his, her or its own costs and attorney's fees.
DONE AND ORDERE;JD i . Chambers in Clearw.ate.r, Pinellas County, florida, this
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Copies:
M. A. Galbraith, Jr., Esquire
Patrick T. Maguire, Esquire
A TRUE Copy
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