MUNICIPAL SERVICES - KIERKEL INCi4Yifflt-rte.
lit
PUBLIC WORKS
A.T.A. No.: 24-03-693
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, I00 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4750 FAX (727) 562-4755
KEN BURKE, CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 2024245301 09/30/2024 02:04 PM
OFF REC BK: 22935 PG: 101-107
DocType:GOV RECORDING: $61.00
AGREEMENT TO ANNEX
(Municipal Services)
This Agreement to Annex (this "Agreement") is made and entered into this /7 day of
�►b�✓ , 2(� ((by and between the City of Clearwater, Florida, a Florida municipal corporation
(the "City") and Kierkel, Inc ("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.:
06-29-16-86454-000-0081, 06-29-16-86454-000-0090, 06-29-16-86454-000-0100,
06-29-16-86454-000-0110, 06-29-16-86454-000-0120, 06-29-16-86454-000-0130,
06-29-16-86454-000-0140, 06-29-16-86454-000-0150, 06-29-16-86454-000-0160,
06-29-16-86454-000-0230, 06-29-16-86454-000-0240, 06-29-16-86454-000-0250,
06-29-16-86454-000-0260, 06-29-16-86454-000-0270, 06-29-16-86454-000-0280,
06-29-16-86454-000-0290
Legal Description: THE SOUTH 35 FEET OF LOT 8 AND ALL OF LOT(S) 9, 10,11,12,13,
14, 15, 16, 23, 24, 25, 26, 27, 28 AND THE SOUTH 35 FEET OF LOT 29, OF SUN GLO PARK,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 54, PAGE
64, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING FURTHER
DESCRIBED AS FOLLOWS:
Also known as:
;and
Ryan Cotton, Councilmember
Mike Mannino, Councilmember
Sidney Street Twin Villas
Clearwater, Florida 33763
Bruce Rector, Mayor
David Allbritton, Councilmember
Lina Teixeira, Councilmember
"Equal Employment and Affirmative Action Employer"
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
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:
1. 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:
-SANITARY SEWER -
2. Owner warrants and agrees to the following terms and conditions:
a) 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.
b) 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.
c) 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.
d) 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.
e) Owner agrees not to request annexation nor grant the right to annex the Property into
any municipal corporation other than the City of Clearwater.
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f) 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.
g)
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.
h) 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.
i) 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.
j) 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.
k) 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.
1) 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.
3. 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.
4. 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.
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5. 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.
6. 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.
7. 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.
8. The Parties may mutually agree in writing to amend or terminate this Agreement.
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.
10. 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 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.
11 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.
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12. 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.
13. 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.
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(OWNER SIGNATURE PAGE)
Witnesses as to Owner #1:
Print Name: S0.e_ Liwre t .
Address: /631 Gee
aNISIMPIPI
FIRMErtNe
Print Name: eifiralliTAMMIEN
Aid ess: el>gra D'/'
I 'iiinglitAIEW S,
. •
Witnesses as to Owner #2:
Print Name:
Address:
Print Name:
Address:
Owner #
Print N
Date:
Owner #2:
Print Name:
Date:
STATE OF ! 1t r t dA )
COUNTY OF -pI p (105 )
The foregoing instrument was acknowledged before me by means
online notarization, this 9H-1 day of ciep i,y1/- , 20
who is 12/Personally known to me or who ❑ has produced
identification.
of C physical presence or��❑�
by J'1 I ditie ( IA*/ I�'/� tacidier
as
n71C fit
Notary name:
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me by means
online notarization, this day of , 20
who is 0 personally known to me or who ❑ has produced
identification.
6
Notary Public State of Florida
Deanne M Young
My Commission HH 413854
Expires 6/22/2027
of ❑ physical presence or
, by
as
Notary name:
(CITY OF CLEARWATER SIGNATURE PAGE)
Approve11
o form:
Jerrod Sim
Assistant
Date:
on
ity Attorney
4(i612`1
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City of Clearwater, Florida,
a Florida municipal corporation.
Je
P
City Manag
Date: cif/ VA y
Attest:
/LIU1/110A: ti/Q-
Rosemarie Call
City Clerk
Date: 9 la �tpy
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