ANNEXATION AGREEMENT - GILBERT G JANNELLI AND EPOCH PROPERTIES INCKEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2022167141 05/26/2022 10:13 AM
OFF REC BK: 22077 PG: 1071-1078
DocType:AGM RECORDING: $69.50
ANNEXATION AGREEMENT
This Annexation Agreement (this "Agreement") is made and entered into this)1(-4 day of
, 2022 (the "Effective Date") between the CITY OF CLEARWATER, FLORIDA,
a m cipal corporation of the State of Florida, 600 Cleveland Street, Suite 600, Clearwater,
Florida 33755 (the "City"), and GILBERT G. JANNELLI, an individual, 909 S. Fort Harrison
Avenue, Clearwater, Florida 33756 ("Owner"), and EPOCH PROPERTIES, INC., a Florida for
profit corporation, 359 Carolina Avenue, Suite #200, Winter Park, Florida 32789 ("Developer").
(The City, Owner, and Developer together hereinafter referred to as the "Parties")
RECITALS:
WHEREAS, Owner fully warrants that Owner holds fee simple title to the real property
located in an unincorporated area of Pinellas County, Florida, and being more particularly
described on Exhibit "A" (the "Property") which is attached hereto and made a part hereof; and
WHEREAS, Owner is desirous that the Property be voluntarily annexed into the municipal
boundaries of the City, and the City wishes to annex said Property; and
WHEREAS, Owner intends to sell the Property to Developer and Developer intends to
engage in the redevelopment of the Property; and
WHEREAS, Owner is willing to execute a document pursuant to Ch. 171, Fla. Stat., (the
"Petition") to facilitate the voluntary annexation of said Property in satisfaction of Ch. 171, Fla.
Stat.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
valuable considerations, receipt of which is hereby acknowledged, the Parties hereto agree as
follows:
1. The foregoing recitals are true and correct and are incorporated herein and made a part
hereof.
2. The Owner hereby warrants, covenants, and agrees as follows:
a. Owner possesses fee simple title to the Property and, as such, has the full right
and lawful authority to enter into this Agreement.
b. Owner agrees not to request annexation of nor grant the right to annex the
Property into any municipal corporation other than the City.
3. The City hereby covenants and agrees as follows:
a. In consideration of the annexation of the Property into the City, the City shall
cooperate in good faith with Owner and Developer to allow for the redevelopment
of the Property, subject to final site plan approval. The City further agrees to
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accept the two (2) existing billboards (the "Billboards") on the Property as
nonconforming items, subject to the terms specified in Section 5 of this
Agreement.
b. Upon annexation, the City shall provide the Property with sanitary sewer and
solid waste collection services.
c. Owner, Owner's heirs, successors in interest, or assigns, and individuals legally
dwelling or employed on the Property will be given the in -city rate for participation
in any of the City's recreation programs.
4. The Parties agree that code liens and judicial remedies, including but not limited to
mandamus, specific performance, foreclosure, or injunctive relief (either prohibitory or
mandatory, both temporary or permanent) are appropriate remedies in the event of breach,
whether actual or anticipatory, of this Agreement. In the event of any litigation arising out
of this Agreement, the prevailing party shall be entitled to recover its costs, including
reasonable attorney's fees. This section does not inhibit or in any way limit the City's right
and ability to remove the Billboards under the conditions provided in Section 5(g) of this
Agreement. Nothing in this Agreement shall inhibit or in any way limit Owner's legal
remedies to challenge or contest any removal of the Billboards in a court of competent
jurisdiction.
5. The Parties agree that upon the Property's annexation into the city limits, the Property
"shall be subject to all laws, ordinances, and regulations in force in that municipality and
shall be entitled to the same privileges and benefits as other parts of that municipality upon
the effective date of the annexation." Florida Statute 171.062(1). Because the City's
Community Development Code prohibit new billboards within the City, and because the
City's comprehensive plan discourages visual clutter and prohibits the proliferation of
billboards along arterial streets, the Parties agree to bring the Property into compliance with
the City's Community Development Code and the City's comprehensive plan, under the
following terms and conditions:
a. The Billboards may not be moved or relocated to any other location within the City
limits nor any other location on the Property that is within City limits, absent the
adoption of a text amendment to the Community Development Code and an
amendment to the City's comprehensive plan approved by the Clearwater City
Council permitting such action. However, Owner or Developer shall be allowed to
temporarily relocate the two existing Billboards to different locations on the
Property in connection with the proposed redevelopment of the Property so long as
the Owner or Developer, whoever holding legal authority to request the relocation,
obtains any and all required development approvals, development permits, building
permits, and any other necessary government approvals or permits to do so, such
development approvals and permits shall not be unreasonably withheld by the City.
Any and all billboards on the Property, including any temporarily relocated
billboards under this sub -section, shall ultimately be removed from the Property
when required by Section 5(g) of this Agreement.
b. No new billboards may be constructed on the Property absent the adoption of a text
amendment to the Community Development Code and an amendment to the City's
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comprehensive plan approved by the Clearwater City Council permitting such
action.
c. Normal repair and maintenance, such as painting, cleaning, and repairing of the
Billboards shall be performed. However, the Billboards shall be made to fully
comply with the provisions of the Community Development Code and the
Clearwater Code of Ordinances, where applicable, provided the cost of repair of
the billboard or improvement at any time exceeds 50 percent (50%) of the
assessed value of the entire billboard. Under these circumstances, full compliance
with the Community Development Code would require the removal of a billboard
being that Article 3, Division 18 of the Community Development Code prohibits
billboards. However, this provision does not apply to the temporary relocation of
the existing billboards provided for in Section 5.a. above. Assessed value shall be
determined by reference to the official property tax assessment rolls for the year
the billboard or improvement thereto is destroyed or damaged.
d. The Billboards shall not be altered, enlarged or changed in any way that increases
their nonconformity. The Billboards or improvements thereto may, however, be
altered to decrease their nonconformity.
e. Any part of either of the two existing Billboards which is destroyed or damaged
to the extent of less than 50 percent (50%) of the assessed value of the entire
billboard may be repaired or restored if a complete and legally sufficient
application for all required permits to repair or restore the damage is submitted
within six (6) months of the date of the damage. If either of the two Billboards is
destroyed or damaged to 50 percent (50%) or more of the assessed value then the
billboard may not be repaired or restored pursuant to the City's prohibition of
billboards found under Article 3, Division 18 of the Community Development
Code. Assessed value shall be determined by reference to the official property tax
assessment rolls for the year the structure is destroyed or damaged. The extent of
damage or destruction shall be determined by the City's building official by
comparing the estimated cost of repairs or restoration with the assessed value.
f. Subject to the limitations described in Section 4-601 and 4-603 of the Community
Development Code, the Owner shall be entitled to apply at any time for a text
amendment to the Community Development Code and an amendment to the
City's comprehensive plan that would allow for the construction, relocation, or
permanent use of the Billboards or new billboards. Nothing in this agreement shall
require the City to amend the text of the Community Development Code or its
comprehensive plan, but any request will be evaluated in good faith under the
standards set forth in Section 4-601 and 4-603 respectively.
g. In the absence of an approved text amendment to the Community Development
Code and an amendment to the City's comprehensive plan, the Owner and
Developer promise to remove all billboards from the Property by January 1, 2025,
at no cost to the City. Furthermore, in the absence of such approved amendments,
the City and its agents reserve the right to enter onto the Property at any time on
or after January 1, 2025, to remove any and all billboards on site, and to record a
lien against the Property for the cost and expenses associated with said removal
in the Pinellas County Public Records. Alternatively, the City in its sole discretion
may elect to enforce the provisions of Section 5(g) any time on or after January
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1, 2025, through the remedies described in Section 4 of this Agreement. These
remedies may be pursued against the person or entity owning the Property as of
the date the code citation is issued or a judicial complaint is filed.
In the event of a conflict between the requirements and limitations outlined in this
agreement and those found within the Community Development Code or any prior
agreement between the Owner and Developer, the requirements and limitations of
this Agreement shall supersede and govern.
6. This Agreement shall be binding upon, and inure to the benefit of, the Parties and their
respective heirs, successors, or assigns, and shall run with the land. This Agreement will
be recorded in the Public Records of Pinellas County, Florida.
7. Nothing in this Agreement shall be construed as requiring the City, at its sole expense, to
construct or install any sanitary sewer lines or other improvements of any kind upon the
Property or extend such public improvements to service the Property.
8. The Parties agree that the laws of the State of Florida shall govern the interpretation,
validity, and construction of the terms and provisions of this Agreement. If any term or
provision of this Agreement is declared illegal or invalid for any reason by a court of
competent jurisdiction, the remaining terms and provisions of this Agreement shall,
nevertheless, remain in full force and effect. Proper venue for any action arising out of or
relating to this agreement shall be in Pinellas County, Florida.
9. This Agreement embodies all agreements and representations of the Parties. There are no
promises, terms, conditions, or allegations other than those contained herein; and this
Agreement supersedes all previous communications, representations, and agreements,
whether written or verbal, between the Parties. This Agreement may be modified only in
writing and executed by all Parties.
10. This Agreement may be executed in one or more counterparts, each of which when
executed and delivered, shall be an original, but all such counterparts shall constitute one
and the same instrument.
[ Signature Pages To Follow]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day
and year first above written.
[OWNER'S SIGNATURE PAGE]
OWNER:
BERT G. JANNELLI
STATE OF FL IDA 1
COUNTY OF lQ S
The foregoing instrument was acknowledg
this �-� day of
personally known
presence or online notarization,
i l LA" (,j,A I who is
b"c t .& as identification.
My commission expires:
(NOTARY SEAL)
VALERIE A. SULECKI
MY COMMISSION # HH 119922
��-
P `.= EXPIRES: April 21, 2025
?
'C%PM1°Bonded Thor NPublic Underwriters
before me .eavis of v physical
, 2022, by
to e or who produced
5
Notary Public Signature
I u-' 1, -tet" , ( Sth Ck,
Notary Public Print Name
[DEVELOPER'S SIGNATURE PAGE]
EPOCH PROPERTIES, INC.,
a Florida corporation
By: off, Witness:
Allyson iappa, Executive Vice President Print Name:
STATE OF FLORIDA
COUNTY OF ORA-Ncs
atiriS itIrrhes
The fore oing instrument was acknowledged before me by means of / physical
presence or N/q online notarization, this /1 "I day of APRIL , 2022, by
/ILLYSVN ClttAPpA , vice president of EPOCH PROPERTIES, INC. who is personally
known to me or who produced NAI as identification.
My commission expires:
(NOTARY SEAL)
OEM MARIE FONTENOT ►
Hoary NbOc • State of Florida
Commission 9 NN 039451
My Comm. Expires Sep 3, 2024 I
Bonded through National Notary Mtn.
6
Zi4241 Notary Public S1?eitiL
n
Debra /r%rrie Ponte,1at
Notary Public Print Name
[CITY'S SIGNATURE PAGE]
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation
(the "City")
K
rank V. Hibbard
Mayor
Approved as to Form:
Assistant City Attorney
Jon P. Jennings
City Manager
Rosemarie Call
City Clerk
NOTARIZATION
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me by means of ✓ physical presence or
f online notarization, this ,290+ day of /Nay , 2022, by
To►-► Je-inn ,-4 S , as CiI'Y1w,naer-' .gof the'ity of Clearwater, a Florida
municipal corporation, on behalf of the City, who is ,/personally known to me or has
produced as identification.
My commission expires:
(Nb��... •� SEAknmy L. Cummings
' : -. Comm .:HH 212538
�,ij �� Expires: Jan. 3, 2028
�i,.r,r„ "��"'\ Notary Public • State of Florida
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Notary Pub Signature 1
1 a ill m j_.6.4vv y e s
Notary Pubj Print Name
c
EXHIBIT A
Legal Description of Property
Parcel 1: 05-29-16-00000-320-0300
The South Four Hundred Nineteen feet (S. 419') of the West Four Hundred feet (W. 400') of the
Northwest One-quarter (N.W. 1/4) of the Southwest One -Quarter (S.W. 1/4) of Section 5,
Township 29 South, Range 16, East, LESS the West One Hundred feet (W. 100') for road right-
of-way, situated on U.S. Highway 19 North.
Parcel 2: 05-29-16-00000-320-0200
Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and
run thence S 1°08'45" W. along the Section line 228.08 feet' thence S 88°34'39" E, 100.0 feet;
thence S 1°08'45" W., 33.0 feet; thence S 88°34'39" E., 16.0 feet for P.O.B.; thence S 88°34'39"
E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton
Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida;
thence S 1°08'45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the
Southwest corner of said Carlton Terrace; thence N 89°40'43" W., along the 40 acre line 300.0
feet; thence N 1°08'45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence
N 16°05'38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following
described tract:
Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and
run thence S. 1°08'45" W. along the section line 228.08 ft.; thence S. 88°34'39" E, 100.0 feet;
thence S. 1°08'45" W., 33.0 feet; thence S. 88°34'39" E., 16.0 feet for P.O.B.; thence S. 88°34'39"
E., 254.0 feet; thence S. 1°08'45" W., 170.0 feet; thence N. 88°34'39" W., 270.0 feet; thence N.
1°08'45" E., 110.0 feet; thence N. 16°05'38" E., 62.01 feet to P.O.B.
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