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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 1 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 2 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 3 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 4 Approved as to for (CITY OI CLEARWATER SIGNATURE PAGE) Matthew Mytych Sr Assistant City Attorney Date J 0/ 4-/J ( 6 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 5 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 7