MUNICIPAL SERVICES - ROSE M HUNTPrepared by and return to Matthcw J Mytych Esq
City of Clearwatei
Public Works Department
P 0 Box 4748
Clearwater Florida 33758
A T A No 26-05-700
KEN BURKE CLERK OF COURT
AND COMPTROLLER PINELLAS COUNTY, FL
INST# 202626769210/07/2026 04 33 PM
OFF REC BK 23717 PG 2496 2502
DocType AGM RECORDING $61 00
AGREEMENT TO ANNEX
(Municipal Services)
This Agreement to Annex (this "Agreement") is made and entered into this day of
, 2026 by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation (the "City") and ROSE M HUNT, ("Owner") (collectively the City and
Owner are the "Parties" and individually each is a "Party")
RECITALS
WHEREAS, Ownei owns the following described teal property in fee simple located
outside the municipal boundaries of the City of Clearwater (the `Property")
Parcel I D No 10-29-15-71694-001-0040
Legal Description See attached Exhibit 'A'
Address 1321 I+ airmont Street
Clearwater, FI 33755
,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, Ownei 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 consideiation of the mutual piomises and covenants contained herein,
and for other good and valuable considerations, the receipt and sufficiency of which is hereby
acknowledged, the Parties heicby agiee as follows
1 The City will permit Owner to connect to the City's utility systems or receive other
requested municipal sciviccs at the Owncr's expense and in accordance with laws and
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regulations regarding applicable permitting and inspections Subject to the terms and
conditions of this Agi cement, the City will provide the following municipal services
,WASTEWATER/SEWER
❑ SOLID WASTE/RECYCLING
❑RECLAIMED WATER
2 Owner warrants and agiccs to the following terms and conditions
a) Owner possesses lee simple title to the Property more particularly described in Exhibit
"A" attached hci etc and has full right and lawful authority to enter into this Agreement
b) Owner shall pay all iclevant 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 uscis outside the municipal boundaries, as set out in the applicable City
of Clearwater codes
c) Owner agiees 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 Clearwatei Community Development Code and in accordance with Fla Stat
§163 31801 if such fee is applicable to the Property
d) At such time thc Pioperty becomes eligible tor annexation into the City pursuant to
Chapter 171, I lorida 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 pioceedings to annex the Property, this Agreement shall constitute a
Petition for Voluntaiy 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
f) Ownei agrees that thc Property shall be deemed a single paicel subject to annexation
as provided herein and any sub -parcels of the Property which are created by
subdivision 01 by any other means shall be included for the purposes of the subsequent
annexation procedui c, 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, Ownei agrees to pay all costs arising 01 relating to such enforcement action
including the payment court costs and ieasonable attorney's fees
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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 01 been occasioned, in whole or in part, by the exercise of the City of
its rights granted hci sunder Ownei 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 ACKNOI EDGES 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 SIIAI I BE SUBJECT TO ALL LAWS, ORDINANCES, AND
REGULATIONS IN FORCE IN THE CITY OF CLEARWATER
k) OWNER AGRI IS 11 IA1 ANY DEVELOPMENT IN PROGRESS AT 1 IME OF
ANNEXATION MUS`I COMPLY WITH LAWS, ORDINANCES, AND
REGULATIONS IN FORCE IN FHE 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 mt main 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 piovisions 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, necessaiy maintenance work, any unavoidable cause beyond the control of
the City
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 he completely cured within thirty (30) days, the defaulting Party
shall have such icasonablc 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 agiee that termination of this Agreement, discontinuance of municipal services,
mandamus, specific perfoimance, injunctive relief (either prohibitory or mandatory, both
temporary or permanent), and liquidated damages in the amount of $100 00 per day
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commencing on the date of material default, are appiopriate remedies in the event of a
material default, whethei 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 Agicement 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 pi evailmg 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 agiee 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 addiessed 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, 01 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 Manages, P 0 Box 4748, Clearwater, Florida, 33758-4748 and to the Owner at the
address for the Ownei 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 Agieement shall be recorded in the Public Records of Pinellas
County, Florida, and shall constitute notice to all subsequent purchasers of the covenants
contained herein
12 The laws of the State 011 Ioiida shall govern the interpretation, validity and construction
of the terms and plov1sions of this Agreement The exclusive venue selected for any
proceeding or suit in law of equity arising fiom 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 deliver cd, shall be an original, but all such counterparts shall constitute one
and the same instrument
IN WITNESS WHERI 01 the Pasties hereto have caused this Agreement to be executed on
the date and year first wi itten above
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Approved as to for
(CITY OI CLEARWATER SIGNATURE PAGE)
Matthew Mytych
Sr Assistant City Attorney
Date J 0/ 4-/J (
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City of Clearwater, Florida,
a Florida municipal corporation
Jennifer P o irrier
City Manager
Date
Attest
/Wm, 4.6,
Rosemar e all
City Clerk
Date /o s ��i
Witnesses as to Owner #1
i2j4L2L1Y714'2
Print Name
Cddress
(OWNER SIGNATURE PAGE)
P_1\iiP
1'
Address
STATE OF
COUNTY OF
-\\
/oM )
Sk-
Owner #1
Print Name 63<S /If mu -1 r
p
Date l- a�-� (P
The foregoing instrument was acknowled ed before me by means of Ph'physical presence or ❑
online notarization, this Ad day ofjjj�„P/, , 2026, by
o is personally kno mE 01 who ❑ has produced
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as identification
My commission expires Le//l-X4,24
My commission no
ALICIA DENISE SCOTT
* Commission # HH 608735
Expires November7 2028
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 4, Block "A", PINE RIDGE, according to the plat thereof as recorded in Plat Book 28, Page
98, of the Public Records of Pinellas County, Florida
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