MUNICIPAL SERVICES - ANGELICA AND STEPHEN SCHUTTEPUBLIC WORKS
A.T.A. No.: 24-02-693
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2024219533 08/29/202410:08 AM
OFF REC BK: 22907 PG: 460-466
DocType:AGM RECORDING: $61.00
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 3 37 5 8-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE. AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4750 FAX (727) 5 62-475 5
AGREEMENT TO ANNEX
(Municipal Services)
This Agreement to Annex (this "Agreement") is made and entered into this nday of
, 207geiby and between the City of Clearwater, Florida, a Florida municipal corporation
(the "City") and Angelica & Stephen Schutte ("Owner") (collectively the City and Owner are the
"Parties" and individually each is a "Party").
RECITALS
WHEREAS, Owner owns the following described real property in fee simple located
outside the municipal boundaries of the City of Clearwater (the "Property"):
Parcel I.D. No.: 05-29-16-94410-004-0190
Legal Description: Lot 19, Block D, Virginia Groves Terrace Fifth Addition, according
to the map or plat thereof as recorded in Plat Book 51, Pages 43
and 44, Public Records of Pinellas County, Florida.
Address: 2858 State Road 590
Clearwater, Florida 33759
;and
WHEREAS, Owner is desirous that the Property be annexed into the municipal boundaries
of the City, and the City wishes to annex the Property; and
WHEREAS, Owner desires to receive certain available City services and Owner is
agreeable to entering into this Agreement with the City to obtain said services; and
1
WHEREAS, the City is agreeable to furnishing these services upon certain terms and
conditions; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and for other good and valuable considerations, the receipt and sufficiency of which is
hereby acknowledged, the Parties hereby agree as follows:
• The City will permit Owner to connect to the City' s utility systems or receive other
requested municipal services at the Owner's expense and in accordance with laws and
regulations regarding applicable permitting and inspections. Subject to the terms and
conditions of this Agreement, the City will provide the following municipal services:
WASTEWATER/SEWER
• Owner warrants and agrees to the following terms and conditions:
• Owner possesses fee simple title to the Property more particularly described in
Exhibit "A" attached hereto and has full right and lawful authority to enter into this
Agreement.
• Owner shall pay all relevant connection charges and impact fees at such time required
by the City. All associated monthly service charges will be calculated at the rates
applicable to users outside the municipal boundaries, as set out in the applicable City
of Clearwater codes.
• Owner agrees to pay the required Parks and Recreation Facilities Impact Fee at such
time required by the City in an amount and manner prescribed in Chapter 54 of the
City of Clearwater Community Development Code and in accordance with Fla. Stat. §
163.31801 if such fee is applicable to the Property.
• At such time the Property becomes eligible for annexation into the City pursuant to
Chapter 171, Florida Statutes, the City may at its sole discretion commence
annexation proceedings on behalf of the Owner provided that the City provides
Owner thirty (30) days written notice of the City's intent to annex the Property. At
such time that the City initiates proceedings to annex the Property, this Agreement
shall constitute a Petition for Voluntary Annexation.
• Owner agrees not to request annexation nor grant the right to annex the Property into
any municipal corporation other than the City of Clearwater.
2
• Owner agrees that the Property shall be deemed a single parcel subject to annexation
as provided herein, and any sub -parcels of the Property 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.
• Owner agrees that this Agreement shall be a covenant that runs with the land and shall
be enforceable and binding against the Owner, and his or her heirs, successors, and
assigns.
• If it becomes necessary for the City to institute legal proceedings to enforce this
Agreement, Owner agrees to pay all costs arising or relating to such enforcement
action including the payment court costs and reasonable attorney's fees.
• Owner agrees to indemnify, defend, and save the City harmless from and against all
losses, costs, expenses, claims, damages, judgments, liabilities and causes of action
whatsoever (collectively "Claims") including reasonable attorneys' fees and paralegal
fees both at trial and at appellate levels, arising out of or alleged to have arisen out of
this Agreement or been occasioned, in whole or in part, by the exercise of the City of
its rights granted hereunder. Owner shall use its best efforts to promptly notify the
City in writing of any Claim and shall provide the City with information regarding the
Claim as the City may reasonably request, but the failure to give such notice or
provide such information shall not diminish the Owner's obligations under this
provision.
• OWNER ACKNOLEDGES AND UNDERSTANDS THAT ANY DEVELOPMENT
UNDERTAKEN BEFORE TIME OF ANNEXATION INTO THE CITY OF
CLEARWATER MAY NOT BE PERMISSABLE UNDER THE CITY OF
CLEARWATER CODES. OWNER AGREES THAT UPON ANNEXATION, THE
PROPERTY SHALL BE SUBJECT TO ALL LAWS, ORDINANCES, AND
REGULATIONS IN FORCE IN THE CITY OF CLEARWATER.
• OWNER AGREES THAT ANY DEVELOPMENT IN PROGRESS AT TIME OF
ANNEXATION MUST COMPLY WITH LAWS, ORDINANCES, AND
REGULATIONS IN FORCE IN THE CITY OF CLEARWATER.
• Upon request of the City, Owner agrees to provide the City with any preliminary or
approved development plans for the Property within thirty (30) days of request.
• This Agreement shall remain in effect until the Property is properly annexed into the City
limits. To the extent any development is in progress at time of annexation, Section 2(k)
and this Agreement's enforcement provisions shall survive the termination of this
Agreement.
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.
• In the event of a material default of any of the terms, conditions, or provisions of this
Agreement, the non -defaulting Party shall provide the defaulting Party with written notice
of said default which shall provide the defaulting Party thirty (30) days to cure the
default. In the event the defaulting party has commenced to cure the material default, but
it is of such nature that it cannot be completely cured within thirty (30) days, the
defaulting Party shall have such reasonable additional time as is necessary to cure the
material default. Failure to cure the default within the specified timeframe shall entitle
non -defaulting Party to pursue any remedies provided for in this Agreement or otherwise
available at law or at equity.
• The Parties agree that termination of this Agreement, discontinuance of municipal
services, mandamus, specific performance, injunctive relief (either prohibitory or
mandatory, both temporary or permanent), and liquidated damages in the amount of
$100.00 per day commencing on the date of material default, are appropriate remedies in
the event of a material default, whether actual or anticipatory, of this Agreement. The
Parties understand and agree that liquidated damages are included as a remedy herein
being that damages from a breach of this Agreement would be difficult to ascertain and
that the amount provided is fair and reasonable. In the event of any litigation or other
enforcement action arising out of this Agreement, the prevailing Party shall be entitled to
all reasonable attorney's fees and costs.
• Nothing in this Agreement shall be construed as requiring the City, at its sole expense, to
construct or install any improvements of any kind upon the Property or extend such
public improvements to service the Property.
• The Parties may mutually agree in writing to amend or terminate this Agreement.
• 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.
• Any notice required to be given or furnished under this Agreement shall be deemed given
or furnished when addressed to the Party intended to receive the same, and delivered at
such address by personal delivery, national overnight courier company, or when mailed
by first class U.S. Mail, postage prepaid and deposited into the U.S. Mail, being deemed
the delivery of notice, or when given by facsimile transmission or via e-mail. All notices
to be furnished to the City shall be addressed to the City of Clearwater, to the attention of
the City Manager, P.O. Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at
4
the address for the Owner according to the property tax rolls of Pinellas County, Florida
or at any other address which may be provided by the Owner to the City in writing.
• Upon execution, this Agreement shall be recorded in the Public Records of Pinellas
County, Florida, and shall constitute notice to all subsequent purchasers of the covenants
contained herein.
• The laws of the State of Florida shall govern the interpretation, validity and construction
of the terms and provisions of this Agreement. The exclusive venue selected for any
proceeding or suit in law or equity arising from or incident to this Agreement will be in
Pinellas County, Florida. 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.
• 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on
the date and year first written above.
Witnesses as t
Owner #1:
(OWNER SIGNATURE PAGE)
Owner #1:
Print . ,e: riatilat
ft
dress: GOO 2r
t.), nctiiL
47f 1,--(5
Pnn Name: Uj.� o no.
Address: qR pts nociwcy
QVinc..1 L_ l
5
L
Print ef
Date: -7 /az? /
Name:
Witnesses as to Owner #2:
Icy Pr I�e/5
Address: uta3rcco 54
(
Print Name: t cry). Ura.
Aess: `6 U $ aad� c„ `4 c
U1nC l -(- �U
a33
STATE OF 11 1 In b i s )
COUNTY OF S )
er #2:
P
Date:
Name:
The foregoing instrument wauacknowledged before me by means of Ei p1iysical presence or 0
online notarization, this Z day of AA/ u 5f , 20 2_ , by 5+9 h t,, Sch v { { z
who is personally ta ine_ or _who_ 1-1 produced as
identification.
STATE OF at i n a l
OFFICIAL SEAL
CYNTHIA LESTER
NOTARY PUBLIC STATE OF ILLINOIS
My Commission Expires 07-25-2020
ID # 09975539
COUNTY OF (Um3 )
The foregoing instrument w_a acknowledged befo a me by means of L ysical presence or 0
online notarization, this 12- / day of hill LlSr- , 20 2 y , by 9 e /{a SC ii o -ET
who is personally known to me or who 0 has produced as
identification.
OFFICIAL SEAL
CYNTHIA LESTER
NOTARY PUBLIC STATE OF ILLINOIS
My Commission Expires 07-25-2027
ID # 09975539
";154
V011 /L4 h YS .ns'
otary name:
(CITY OF CLEARWATER SIGNATURE PAGE)
6
City of Clearwater, Florida,
a Florida municipal corporation.
Jenni Poi
City Manager
Date:
Approved 4 to form: Attest:
Jerrod Simpsbr Rosemarie Call
Assistant CiAttorney City CleilF
Date: I i. I J2 v1 Date: i c.;i.1 2? )63-t-1
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 19, Block D, Virginia Groves Terrace Fifth Addition, according to the map or plat
thereof as recorded in Plat Book 51, Pages 43 and 44, Public Records of Pinellas County,
Florida.
7