Loading...
MUNICIPAL SERVICES - ALBANA SHALA & EDON GASHIKEN BURKE, CLERK OFA COUNTY, FL AND COMPTROLLER 09C N INST# 2024115013 05/0612024�79 OFF REC BK: 22789 DocType:AGM RECORDING: $35.50 A.T.A. 24-01- 691 AGREEMENT (Municipal Services) THIS AGREEMENT, made and entered into thisvl ,nQ day •f 1� ' 2Q(lby and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referreto as "City," and Albana Shala & Edon Gashi 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#: 08-29-16-64041-000-0080 Legal Description: Lot 8, Orange Blossom Subdivision according to the map or plat thereof as recorded in Plat Book 51, Page 70, of the Public Records of Pinellas County, Florida. Also known as: 1555 Owen Dr Clearwater, Florida 33759 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: 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. 1. 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 1410.0029.dotx Page 1 of 3 Form Revised: 06/10/2022 d) that at such time as the Owner obtains a certificate of occupancy for the development at the property described above and it becomes otherwise 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, for Owner to provide the City with copies of any site plans, including preliminary landscape and tree preservation plans, prior to the execution of this Agreement if development or redevelopment is contemplated or ongoing on the site receiving these municipal services. 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; g) 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. 2. 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. 3. 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. 4. This Agreement shall be recorded in the Public Records of Pinellas County, Florida. [A04-01420 /177611/4] A TA Form 1410.0029.dotx Page 2 of 3 Form Revised: 06/10/2022 I IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal this ZO1h day of Ar67O,i , 2024. Signed, sealed, and delivered in the presence of: l • (Witness Sig p ture) (Print Witness Signature) (Witness Post Office Address 3 i 1 (1Nitne - Signature) (Print Witness Signature) &op Entaprisc IZd • E. Glta rw1Fu2 Ft- • (Witness Post Office Address) 331 STATE OF FLORIDA COUNTY OF PINELLAS Grantor Signature --flO 4 ellet&il 0VIPEZ. Print Grantor Name and Title The foregoing instrument was acknowledged before me by means of IE/physical presence or 0 online notarization, this ? day of APp i 1 , 2024, by 1=�1on Shi , to me personally known or who has/have produced a driver's license as identification. WITNESS my hand and official seal in the County and State last aforesaid this 21 day of prpizI ,20_ Notary Publi (Seal) Ulit T Tut (Print Name of Notary Above) Commission No.: 14- ti 48 51$5 My Commission expires: 0 (u) 2026 Page 1 of 1 �.+ SI.. u1.IEJT 413n, Oi. L144114: HH q� ; re8 g •,„ OF FL.O.„.. CITY OF CLEARWATER, FLORIDA By: City Manager Attest: (0 0 Rosemarie Call City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of RUI , 20�� by Jennifer Poirrier, City Manager of the above-named City, whNis personally known to me, or who has produced as identification. Notary Public: (signature) Notary Name: (typed, printed or stamped) Approved as to form: i/( Cwm-vncy M. ktaLacKcriN Jerrod Stimpson Sr Assistant City Attorney [A04-01420 /177611/4] A T A Form 1410.0029.dotx ,,. Y,4 Courtney M. Holzwartt, _)(4i: : Comm.: HH 387361 Expires: April 17, 2027 v",7,?7,, „ay�` Notary Public - State of Florid Page 4 of 3 Form Revised: 06/10/2022