MUNICIPAL SERVICES - BELLEAIR GRANDE LP - FIRST AMENDMENT TO ATA 15-19-636This instrument was prepared by
and should be returned to:
Katherine E. Cole, Esq., of
Hill Ward Henderson
Bank of America Plaza, Suite 3700
101 East Kennedy Boulevard
Tampa, Florida 33602
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2017123537 04/21/2017 at 09:18 AM
OFF REC BK: 19599 PG: 1537 -1540
DocType:GOV RECORDING: $35.50
FIRST AMENDMENT TO ATA 15 -19 -636
T IS FIRST AMENDMENT TO A.T.A 15 -19 -636, made and entered into this --r2-1
day of Fi L , 2017, by and between the CITY OF CLEARWATER, a municipal
corporation, hereinafter referred to as "City," and Belleair Grande, L.P., a Florida Limited
Partnership, herein after referred to as "Owner;"
WITNES SETH
WHEREAS, City and Owner entered into an Agreement to Annex 15 -19 -636, dated April 4,
2016, and recorded May 6, 2016, in Official Records Book 19183, at Page 2563, of the Public
Records of Pinellas County, Florida (the "Agreement ") encumbering that property as described
therein; and
WHEREAS, the City is a secured party by virtue of a Promissory Note, which was included
in the Agreement (collectively, the "Security Documents ") for payment of Recreation Land,
Facilities, and Open Space Fees ( "Recreation Fees ") that were due to the City upon annexation; and
WHEREAS, anticipating the eventual annexation of the real property at 1982 Belleair Road
(the "Property") at some indefinite time, into the municipal limits of the City, the Owner has satisfied
the Promissory Note by paying the City Twenty -Seven Thousand Ninety and 16 /100s Dollars
($27,090.16) for Recreation Fees; and
WHEREAS, the City acknowledges the receipt and sufficiency of Owner's payment of the
Recreation Fees, and the City hereby releases the Property from the Promissory Note, which has been
marked paid in full, and any other financial obligations associated with the Promissory Note or the
Recreation Fee; and
WHEREAS, the City is not committing to annexing the Property at any specified date, if
ever; and
WHEREAS, the parties agree that the obligations of sections 2(a), Owner's payment of
annexation fee to the City, and 2(c), Owner's payment of recreation land, recreation facilities, and
open space land dedication and fees, which are due upon annexation under the Agreement, have been
satisfied, and
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WHEREAS, the Owner has provided the City site plans, including preliminary landscape and
tree preservation plans, that the City has reviewed and accepted, pursuant to section 2(e) of the
Agreement; however, the Owner understands that the Property must still be developed consistent
with such site plans presented to the City; and
WHEREAS, nothing herein shall in any way impair, alter or diminish the effect or
requirements included in the Agreement, other than that specifically detailed in this Amendment; and
NOW, THEREFORE, the City and Owner agree to the following.
1. Paragraph 2(a) is replaced in its entirety as follows:
Deleted — complied by Owner.
2. Paragraph 2(c) is replaced in its entirety as follows:
and City acknowledges the receipt and sufficiency of Owner's payment of the
Recreation Fees, and the City, as a Secured Party pursuant to the Promissory Note
attached hereto as Exhibit A," hereby releases the Property from the Promissory Note,
which has been marked paid in full, and any other financial obligations associated with
the Promissory Note or the Recreation Fee;
3. Paragraph 2(e) is replaced in its entirety as follows:
to develop the Property consistent with the site plans reviewed and accepted by the
City. If the Property is not developed consistent with the site plans already reviewed and
accepted by the City, then the provision of all service(s) must cease, or, if temporarily
connected, must be disconnected;
[GM08 -1420- 026/197220/2] 2of 4
SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT TO
A.T.A 15 -19 -636 to be executed the day and year first above written.
WITNESSES:
Witness Signature
(Print name) ` VANC,k Xo T
buleAzt/t
itness SignatJy �e
(Print name) ►J) ) ( v ct. Lk) t-k 6
OWNE
Riclfard J. Deeb, Il, President
Deeb Family Homes, Inc., a Florida
corporation, General Partner of Belleair
Grande LP, a Florida general partnership
L lam_ U
STATE OF FL DA )
COUNTY OP Sec)
The foregoing instrument was acknowledged before me this 74 day of
by Richard J. Deeb, II, as President of Deeb Family Homes, Inc., a Florida corporation, general
partner of Belleair Grande L.P., a Florida Limited Partnership, for the company who kr is
personally known to me, or who 0 hlspradbed as
islentificatien.
, 2017,
Notary Public:
(signature)
Notary Name:
(typed, printed or stamped)
CITY OF CLEARWATER, FLORIDA
CL
74. Kc r
By:
William B. Horne II
City Manager
Attest: / �' / L �
04-It
Rosemarie Call
City Clerk
AAta-t.tu...i.
STATE OF FLORIDA)
COUNTY OF PINELLAS) N,
The foregoing instrument was acknowledged before me this _ c` day of
DUANE A. KORTAS
414° 1 %_ Notary Public - State of Florida
3• •_ My Comm. Expires Jul 30, 2017
�d*4';; Commission # FF 041055
''g•° JJ Banded Through National Notary Assn.
[GM08- 1420 -026/197220/2] 3of 4
by William B. Horne II, City Manager of the above -named City, who C'is personally known to
me, or who ❑ has produced as identification.
Notary Public:
(signature)
Notary Name:
(typed, print- • or stamped)
Appr
ed as to f
WV-
?►_
Cann oto
Assistant City Attorney
[GM08- 1420- 026/197220/2] 4of 4
Scott Burrows
COMMISSION # FF164993
EXPIRES: October 1, 2018
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