MUNICIPAL SERVICES - KELLY P HICKSq
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2022252436 08/17/2022 04:42 PM
OFF REC BK: 22172 PG: 913-915
���• DocType:AGM RECORDING: 827.00
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4610
A.T.A. 21-02-680
AGREEMENT
(Municipal Services)
THIS AGREEMENT, made and entered into this 29th day of December 2020 by and between the CITY OF
CLEARWATER, a municipal corporation, hereinafter referred to as "City," and KELLY P HICKS 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#: 23-29-15-22266-001-0010
Legal Description: DOUGLAS MANOR LAKE BLK A, LOT 1, according to the map or plat thereof as
recorded in Plat Book 37, Page 99, of the Public Records of Pinellas County, Florida.
Also known as: 1439 DEXTER DR
Clearwater, Florida 33756
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) that all recreation land, recreation facilities and open space land dedication and fees will be due upon
annexation in an amount and manner as prescribed in Clearwater Community Development Code
Chapter 54. In particular, the owner shall either:
(1) pay the required recreation facilities fee if this is the only fee required at the time this Agreement
is submitted for processing, or
(2) place in escrow a deed transferring title to land or a promissory note made payable to the City of
Clearwater, or both as required, such deed and promissory note, copies of which are attached
hereto as Exhibit A (if applicable) to be conveyed or paid prior to the second ordinance reading
effectuating the annexation of the subject property;
[A04-01420 /177611/4]
A T A Form for Municipal Services_11.25.15
Page 1 of 3 Form Revised: 11/25/2015
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;
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 to meet all City
requirements and standards, 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first
above written.
g)
WITNESSES AS TO OWNER:
ess Signa
rint name)
de. aA-Zief-&40
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this 49 day of pNu.tirei , 20a-/, by 1
name of person ackno ledging 1, who 0 is personally known to me, or who 0 has produced
as identification.
,ye-Gfy
elpsoya Cees
Valid 'Cie -
Notary Public:
(signature)
Notary Name:
(typed, printed or stamped)
[A04-01420 /177611/4]
A T A Form for Municipal Services_11.25.15
Page 2 of 3
BRENDA L BALLARD
Notary Public - State of Florida 0
Commission # GG 288812
My Comm. Expires Jan 6, 2023
Form Revised: 11/25/2015
CITY OF CLEARWATER, FLORIDA
By: IA) gmA.uLar,'
Willia
B. Horne II
City Manager
Attest:
Q4.0Q
Rosemarie Call
City Clerk
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this PF day of J aN.ACtJ H , 20 ci-1, by
William B. Horne II. City Manager of the above-named City, who Bis personally known to me, or who 0 has
produced as identification.
Notary Public:
(signature)
Notary Name:
(typed, printed or stamped)
Approved as to form:
. ��r .,, Scott Burrows
-`,1+ '' r�' COMMISSION # GG261179
�C 7f=
If EXPIRES: October 1, 2022
iis% Bonded ifiu Aaron Notary
Michael P. Fuino
Assistant City Attorney
[A04-01420 /177611/4]
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