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MUNICIPAL SERVICES - BELLEAIR GRANDE LPA.T.A. 15 -19 -636 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2016137782 05/06/2016 at 02:58 PM OFF REC BK: 19183 PG: 2563 -2569 DocType :AGM RECORDING: $61.00 AGREEMENT (Municipal Services) THIS AGREEMENT, made and entered into this �' day of I0-■ L , 2016, by and between the CITY OF CLEARWATER, a municipal corporation, hereinafter referred to as "City," and Belleair Grande L.P., a Florida Limited Partnership hereinafter referred to as "Owner "; WITNESSETH: WHEREAS, the Owner owns the following described real property, located outside the municipal boundaries of the City of Clearwater: Parcel ID #: 24- 29 -15- 00000- 340 -0800 Legal Description: Also known as: The East'/. of the Southeast X of the Southwest X of Section 24, Township 29 South, Range 15 East, of Pinellas County Florida, less and except the North 400 feet thereof and less and except the South 50 feet thereof. 1982 Belleair Road Clearwater, Florida 33764 and WHEREAS, the Owner desires to receive the following available City services, and the Owner is agreeable to signing an Agreement with the City for any of the following municipal services: •WASTEWATER /SEWER •SOLID WASTE /RECYCLING and /or •RECLAIMED WATER; and WHEREAS, the City is agreeable to furnishing these services upon certain conditions and considerations; NOW THEREFORE, the parties hereto hereby covenant and agree as follows: 1. The City agrees to provide any such chosen municipal services, subject to the terms of this Agreement, and to permit the Owner to connect to its wastewater /sewer, and /or reclaimed water main(s) at the Owner's expense, when applicable. 2. The Owner agrees: a) to pay the appropriate annexation fee when this Agreement is submitted for processing; b) to pay normal wastewater /sewer and /or reclaimed water connection charges and all associated monthly service charges to the City on the same basis as service users outside the municipal boundaries are charged, for all relevant services received by Owner, as set out in the Code of Ordinances of the City, until the property is annexed; c) to pay all recreation land, recreation facilities and open space land dedication and fees due upon annexation in an amount and manner as prescribed in Clearwater Community Development Code Chapter 54. In particular, the Owner has executed a promissory note (the "Note "), a copy of which is attached hereto as Exhibit "A," providing for the payment of the required fees pursuant to the aforementioned chapter; in the event, however, the City does not annex the Property within 30 years of the date hereof, the City will cancel the Note and return the original to the Owner; and thereafter the then - owners of the Property shall be responsible for payment of such fees, if any, consistent with the Development Code at that time; d) that at such time as it becomes possible for the City to annex said real property, this Agreement will constitute an application to annex at that time, and the City will have the right, with no further notice to the Owner, to initiate action to annex the property to the City; [GM08- 1420 - 026/181234/21 7938023_1 Page 1 of 4 e) that it is to the mutual benefit of the Owner and the City, in recognition of the eventual incorporation of the property within the City, to have site plans, including preliminary landscape and tree preservation plans, reviewed and accepted by the City prior to the execution of this Agreement if development or redevelopment is contemplated on the site receiving these municipal services. The land receiving services under this agreement must be developed or redeveloped in accordance with all City requirements. In order to ensure continued consistency with City requirements while developing in Pinellas County, the development and /or continued development of the site shall be submitted to the City for review and acceptance. If this land is not developed or redeveloped consistent with the site plan, then provision of all service(s) must cease, or, if temporarily connected, must be disconnected; f) that all of the property described above shall be deemed a single parcel subject to annexation as provided herein, and any sub - parcels of the property described above which are created by subdivision or by any other means shall be included for the purposes of the subsequent annexation procedure, subsequent sale and individual ownership notwithstanding; that the terms and provisions of the Agreement shall be commitment and obligation which shall not only bind the present owner of said described real property, but shall be a covenant which shall run with the land and shall bind and be enforceable against the heirs, successors and assigns of the Owner; and h) if the Owner or the heirs, successors, and assigns of the 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 or the heirs, successors, and assigns of the Owner shall pay all costs of such proceedings including the payment of a reasonable attorney's fee in connection therewith. 3. The City shall not be liable for any damage resulting from any cessation of service caused by Act of God, necessary maintenance work, any unavoidable cause beyond the control of the City, or due to City's termination of services for Owner's failure to develop or redevelop in accordance with all City requirements. 4. All notices to be furnished hereunder shall be furnished to the City of Clearwater, to the City Manager, P.O. Box 4748, Clearwater, Florida, 33758 -4748 and to the Owner at the address for the property described above, at any other address which may be furnished by the Owner from time to time, or at the address for the Owner according to the property tax rolls of Pinellas County, Florida. 5. This Agreement shall be recorded in the Public Records of Pinellas County, Florida. g) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Witness Signaturgg (Print name) (__-v.ro-I 4. Lk. et 04 STATE OF FLORIDA ) COUNTY 0 FlitteM The foregoing instrument was acknowledged before me this 14 day of J L OWNER(S): Richard J. Deeb, II P th trd 5 . DeebU, Pre$.1c -i- t�ellerair Grande (r. P. Q 1-: l�t c�A Li m.% -hec>I Pa p . ee, c r- , 2016, by Richard J. Deeb II as Re: istered A: ent on behalf of Belleair Grande L.P. a Florida Li ited Partnershi ' for River Crossin Development Co., Inc., . • . Corporation, Its General Partner, who is personally known to me, or who ❑ has produced Notary Public: (signature) Notary Name: (typed, printed or stamped) as identification. [GM08- 1420 -026/ 181234/2] JENNIFER L LIND MY COMMISSION #FF082776 EXPIRES January 13, 2018 FloridallotaryService.com 793803_1 Page 2 of 4 ;r. • CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: i-a-il'( .tj Rosemarie Call City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of r., \ , 20 i (o, by William B. Horne II, City Manager of the above -named City, who I'is personally knov?n to me, or who ❑ has produced as identification. Notary Public: (signature) Notary Name: (typed, printed or stamped) Camilo A. Soto Assistant City Attorney Olik SANDRA HARRIGER MY COMMISSION # FF930375 %m a EXPIRES: January 04, 2020 [GM08- 1420 - 026/181234/21 7938023_1 Page 3 of 4 $27,090.16 PROMISSORY NOTE (Recreation Land, Recreation Facilities and Open Space Land Fees Due In Addition To and/or In Lieu of Land Dedication) Clearw ter, Florida April , 2016 Exhibit A This Promissory Note to be made an addendum to the Agreement to Annex for the following described parcel: SEE ATTACHED EXHIBIT A The undersigned, its successors, or assigns, or any subsequent owner, promises to pay to the CITY OF CLEARWATER, FLORIDA, or order, the sum of $27,090.16 in the manner herein specified, the amount being payable in lawful money of the United States of America, to the City of Clearwater, Clearwater, Florida (mailing address is P.O. Box 4748, Clearwater, Florida 33758 -4748) or at such other place as may hereafter be designated. A payment shall be due at the time the property is legally able to annex, more specifically to be paid prior to the second ordinance reading effectuating the annexation of the subject property. The monies herein noted are in satisfaction of the requirements stipulated in Community Development Code Chapter 54, which seeks to ensure maintenance of an acceptable level of park lands, open space and recreation facilities required to promote the health and welfare of its citizens and visitors. By signing this promissory note, I, as present owner of said real property, knowingly waive any right to contest the amount due and further admit full liability for the said obligation which shall not only bind the present owner of said described real property, but shall be a covenant which shall run with the land and shall bind and be enforceable against all subsequent owners of said described real property whether or not it is mentioned in the deed to said owners, as stated in the Agreement of which this is a part. Upon the subdivision of the Property as contemplated by Owner, the above referenced fee shall be paid pro rata by each lot owner at the time each residential lot or tract is legally able to annex and no later than the second ordinance reading effectuating the annexation of each respective lot or tract (specifically, each lot or tract shall pay 1/Nth of the total amount due hereunder, where "N" equals the total number of lots or tracts the Property is subdivided into). If default be made in the payment of any of the sums mentioned herein, or in the performance of any of the agreements contained herein, then the entire principal sum shall become due and collectible without notice, and shall bear interest from the date of such default until paid at the highest rate of interest allowable under the laws of the State of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. Each person herein hereby waives presentment, protest, notice of protest, and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether suit be brought or not, if after maturity this notice or default hereunder, counsel shall be employed to collect this note. The City shall record a Satisfaction and Release this Note in the Public Records of Pinellas County, FL, contingent upon full payment of the Note as provided for herein. OWNER: By: Paid in full as 6f j2/22/2016. by • ,w � . 6 William B Horne II City Manager F. d�rd 3.cee7It) - es�den+ ,lleair C rYande i_. ice• q 10?)- cia Urn i -Par-tr'eyshi P IN', River i n Taeveecrr,ent Co. j ti AS S' ■ GRAPHIC SCALE 30 30 ( IN FEET ) 1 I000 .. 30 feet LEGEND PARCEL 1011 24 -204 5- 00400- 3d0 -E300 A'.I7ALo. PAS'Ql AL/i J CA!HER/NI: °a° ofi0 ^N ti< PARL'F.'l. IITNII.39�7!•0000031f1 -IIT00 NON1H 400 FEET l". 1R (4LTUO24- :9 /5- (IU110 /A141004IUO NAT 40E, PASQUALEA CATHERINE NOT INCLUDED CR /7'F »C, R /(' /l4010 ^P aNF STORY sIeDRNO erOYr wenlxol °; a ELT Tf INSO.N ELLEN F.F. D-, Ie.r EF. 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EAST OF Of SO IREAeT m.Nrx EuMNION RAY R:E rAL 1562 m N CCNCRETE LIZVAIION NS, IiA47#i1�i. Nu AND Oo. LS--7.01 COWMEN MEI LOCATED SOVINTl3 NR nTRCIReI DOMED "FRITH. ELEVATION 7.IM' 17 I NC'E!. III. 2J -T 9• L O 4FHrRN6a.io -H:00 III.'ES. Gil I.''01 I/ DIES, JESCIR'I I. of ILDPE 45 d (SEARING BASIS) f Na91e'oe'W(F) T PP N UNE OF L 66' ,/4 Qf31/4. 4 0-73-E I I 6 $r O11 04641040161 ° 6•. K (E°WI iicT ELA T.AC "' U a NV. E I: 7.31. W ' L NY. 4N °,I, ..... EL, 33.40 90• }4 ,' SOUTH 50 FEET 4 NOT INCLUDED EU NOT 1 exA• CONOSn (P 5 OS °° MAP OF SURF'EYe Zaiihnicz- I HEREBY CERI1FY NNE THIS SURVEY WAS MADE UNDER MY DIRECTION AND MELTS NE MINIMUM MCHNICAL STANDARD REQUIREMENTS OF CHARIER 5J-17 OF ITIE FLORIDA SURVEYOR ANO MAPPER NUMBER: LS-4525 EBI Surveying 6415 Sunstate Street Tampa, Florida 33634 Phone: (813) 886 -6080 / Fax: (813) 886 -6081 Certificate of Authorization Number: LB -7652 BOUNDARY AND TOPOGRAPHIC SURVEY 1982 BELLEAIR ROAD SECTION 24 TOWNSHIP 29 BO3IF4 RANGE 15 EAST PlBLA5 COUNTY, FLOFDA Noit DATE OF SURVEY: OS -12-2014 DRAWN: ots CHECKED: JRC REVISION: FILE: weoleox.dxg SCALE: Cr. 30' PROJECT NUMBER: REVISIONS: APPD. SIIEET NO. WRA10001 1 OF 1 Property Appraiser General Information Interactive Map of this parcel Page 1 of 3 Back to Query Results New Search Tax Collector Home Page Contact Us WM Portability Calculator 24- 29 -15- 00000 - 340 -0800 Compact Property Record Card Data Current as of April 11,2016 Email Print Radius Search Ownership/Mailing Address Change Site Address Mailin I Address BELLEAIR GRANDE L P 9400 RIVER CROSSING BLVD STE 102 NEW PORT RICHEY FL 34655 -6033 1982 BELLEAIR RD (Unincorporated) Property Use: 0000 (Vacant Residential - lot & acreage less than 5 acres) [click here to hide] Legal Description S 860.85FT OF N 1260FT OF E 1/4 OF SE 1/4 OF SW 1/4 CONT 6.54AC(C) Living Units: Mortgage Letter 0 File for Homestead 2016 Parcel Use Exemption Exemption 2015 2016 Homestead Use Percentage: 0.00% Homestead: Yes No Government: No No Non - Homestead Use Percentage: 100.00% Institutional: No No Classified Agricultural: No Historic: No No Parcel Information Latest Notice of Proposed Property Taxes (TRIM Notice) Most Recent Recording Sales Census Tract Evacuation Zone (NOT the same as a FEMA Plat Book/Page Com . arison Flood Zone) 18967/1319 ® $1,111,500 121030254012 B Year 2015 Interim Value Information Just/Market Assessed Value/ County School Municipal Value SOH Cap Taxable Value Taxable Value Taxable Value 2015 $845,237 $419,817 $369,817 $394,817 $369,817 [click here to show] Value History as Certified (yellow indicates correction on file) 2015 Tax Information Click Here for 2015 Tax Bill Tax District: CTF Tax Collector Mails 2015 Tax Bills October 31 2015 Final Millage Rate 21.8118 $18,436.14 Ranked Sales (What are Ranked Sales?) See all transactions Sale Date Book/Page Price Q V/I 16 Oct 18967 / $1,480,000 Q I 2015 1319 http: / /www.pcpao.org/general.php ?strap = 152924000003400800 4/11/2016 Certificate of Limited Partnership Name of Limited Partnership: BELLEAIR GRANDE L.P. Street Address of Limited Partnership: 9400 RIVER CROSSING BLVD. SUITE 102 NEW PORT RICHEY, FL. 34655 Mailing Address of Limited Partnership: 9400 RIVER CROSSING BLVD. SUITE 102 NEW PORT RICHEY, FL. 34655 A15000000631 FILED October 05 2015 Sec. Of State jshivers The name and Florida street address of the registered agent is: RICHARD J DEEB II 9400 RIVER CROSSING BLVD SUITE 102 NEW PORT RICHEY, FL. 34655 I certify that I am familiar with and accept the responsibilities of registered agent. Registered Agent Signature: RICHARD J. DEEB, II The name and address of all general partners are: Title: G RIVER CROSSING DEVELOPMENT CO., INC. 9400 RIVER CROSSING BLVD., SUITE 102 NEW PORT RICHEY, FL. 34655 Signed this Fifth day of October, 2015 I (we) declare the I (we) have read the foregoing and know the contents thereof and that the facts stated herein are true and correct. General Partner Signature: RICHARD J. DEEB, II The individual(s) signing this document affirm(s) that the facts stated herein are true and the individual(s) is /are aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F. S. 2016 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# J17508 Entity Name: RIVER CROSSING DEVELOPMENT CO., INC. Current Principal Place of Business: 9400 RIVER CROSSING BLVD SUITE 102 NEW PORT RICHEY, FL 34655 Current Mailing Address: 9400 RIVER CROSSING BLVD SUITE 102 NEW PORT RICHEY, FL 34655 US FEI Number: 59- 2682608 Name and Address of Current Registered Agent: DEEB, ALEX R 9400 RIVER CROSSING BLVD NEW PORT RICHEY, FL 34655 US FILED Jan 26, 2016 Secretary of State CC5079133090 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Officer /Director Detail : Title DIRECTOR, VP, TREASURER Name DEEB, ALEX R Address 9400 RIVER CROSSING BLVD SUITE 102 City- State -Zip: NEW PORT RICHEY FL 34655 Title PRESIDENT Name DEEB, RICHARD J II Address 9400 RIVER CROSSING BLVD SUITE 102 City- State -Zip: NEW PORT RICHEY FL 34655 Title Name Address City- State -Zip: Title Name Address City- State -Zip: Date S SINDELAR, MARJORIE H 9400 RIVER CROSSING BLVD SUITE 102 NEW PORT RICHEY FL 34655 VP DEEB, ADAM R 9400 RIVER CROSSING BLVD SUITE 102 NEW PORT RICHEY FL 34655 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: ALEX R. DEEB VICE PRESIDENT 01/26/2016 Electronic Signature of Signing Officer /Director Detail Date