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HomeMy WebLinkAboutMeier, George A. III and Meier, M. Yvonne Annexation Agreement - 2002 05 29 />\- ,.....................,. ~ . , ~ Prepared by and return to: Anthony A. Garganese, Esquire Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407) 425-9566 MARYANNE MORSE, a.ERJ< OF CIRCUIT CWRT SEMINfl.E COlMY BK 04450 PG 0320 CLERK'S. 2002902559 RECOROED 07/01/2002 04:17:07 P" RECORDJNG FEES 37.50 RECORDED BY S O'Kelley CITY OF WINTER SPRINGS ANNEXATION AGREEMENT ...Qth THIS ANNEXATION AGREEMENT is made this (f { day of tn~o-- 2002, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("City"), whose address is1126 East State Road 434, Winter Springs, Florida 32708, and GEORGE A. MEIER ill and M. YVONNE MEIER, whose address is 1184 Orange Avenue, Winter Springs, Florida 32708 ("Owners"). RECITALS: WHEREAS, the City, acting by and through its City Commission, has under consideration a request by the Owners for sewer and/or water service to lands owned by the Owners and located outside of the City's municipal limits, said lands ("Property") being more fully described in Exhibit "A", which is attached hereto and made a part hereof by reference; and WHEREAS, pursuant to the policies of the City of Winter Springs, in order to obtain sewer and/or water service outside the municipal corporate limits of the City of Winter Springs, the Owners must enter into a binding agreement to annex the Property at such time as the City may determine, by law, that it is in the best interests of the City to annex the Property into the City of Winter Springs; and WHEREAS, the parties hereto wish to set forth herein their respective intentions as concerns annexation and the duties, and obligations, and privileges resulting therefrom; and FILE NOM 2002902559 OR BOOK 04450 PAGE 0321 WHEREAS, Owners acknowledge and agree that the City could suffer a loss of revenue and would be unable to ensure adequate services to its own residents if Owners were to receive sewer and/or water service from the City without the condition of executing this Annexation Agreement; and WHEREAS, the Owners acknowledge that the condition of executing this Annexation Agreement prior to obtaining sewer and/or water service from the City is a reasonable and lawful condition. Allen's Creek Properties, Inc. v. City of Clearwater, 679 So. 2d 1172 (Fla. 1996). NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration passing between the parties hereto, receipt and sufficiency of which is hereby acknowledged, be it agreed and committed as follows: 1. Recitals. The parties agree that the foregoing recitals are true and correct and are hereby fully incorporated into this Annexation Agreement by this reference. 2. Effective Date/Termination. This Annexation Agreement shall become effective upon execution by both parties and shall remain in effect until the Property is actually annexed into the City of Winter Springs or sewer and/or water service provided by the City is permanently discontinued. Upon termination, this Annexation Agreement shall become null and void and all the parties shall have no further obligations under this Annexation Agreement to each other. 3. Water and Sewer Service. Unless otherwise agreed in writing by the City, this Annexation Agreement shall not be construed in any way whatsoever as requiring the City to install a sewer and/or water line and related appurtenances thereto which are necessary to connect Owners to the City's sewer and/or water system, to provide a method for such installation, or to pay for all or any portion of such installation. It is the Owners) sole responsibility to install and pay for the 2 FILE NUM 2002902559 OR BOO~ 04450 PAGE 0322 , ,; connection to the City's sewer and/or water system, provided, however, the installation shall first be approved by the City subject to the City's sewer and/or water connection guidelines. Owners shall comply with all City policies, whether written or otherwise, regarding the connectino to, and use of, the City's sewer and/or water system. The City shall have the right to inspect any and all sewer and/or water lines and appurtenances installed by Owners to connect to the City's sewer and/or water system. Owners agree to pay any and all sewer and/or water fees, charges, assessments, and other costs adopted by the City which directly or indirectly relate to the connection to, and use of, the City's sewer and/or water system., including the 25% rate surcharge authorized by law for outside City customers. 4. Annexation. At such time the Property should ever become eligible for annexation, the Owners hereby consent to the annexation of the Property by, and to, the City. The City's administrative and advertising costs of the annexation shall be borne by the City. Notwithstanding any other provision of this Annexation Agreement, the decision as to whether annexation of the Property is in the best interests of the City, and should be accomplished under this Annexation Agreement, shall be made according to the sole and absolute discretion ofthe Commission of the City of Winter Springs. Nothing in this Annexation Agreement shall be construed to create a binding obligation on the City to annex the Property at any time. Eligibility for annexation shall be determined by the City in accordance with Chapter 171, Florida Statutes, the Charter of the City of Winter Springs, and such ordinances as adopted by the Commission of the City of Winter Springs. A determination by the City that the Property is eligible for annexation shall be binding on the Owners. Owners hereby waive any right to object to, or 3 FILE NUM 2002902559 OR BOm< 04450 PAGE 0323 . I appeal, the City's decision to annex the Property. Furthermore, Owners hereby agree not to register any written or verbal opposition to the City's annexation of the Property. 5. Annexation Petition. Upon request by the City, the Owners agree to execute any and all reasonable instruments to effectuate the annexation of the Property, providing the City has determined, in its sole and absolute discretion, the Property is eligible for annexation. The Owners shall have thirty (30) days to execute the instruments necessary to annex the Property into the City. In the event the Owners fail or refuse to execute the instruments, this Annexation Agreement shall constitute the required Petition for Annexation pursuant to Chapter 171, Florida Statutes. 6. Zoning And Comprehensive Plan Designations For Annexed Property. The City agrees that the Commission of the City of Winter Springs shall consider annexing the Property with substantially similar and comparable zoning and comprehensive plan land use designations as imposed by Seminole County upon the Property at the time of annexation, or as altered by application of the Owners. The City zoning and comprehensive plan land use designation shall be considered by the Commission for approval, disapproval, or modification pursuant to applicable state and local law. In no way whatsoever shall this paragraph be construed as a contractual obligation of, or promise by, the City to give the Property a predetermined City zoning and comprehensive plan land use designation. 7. Compliance With Laws and Regulations. Owners shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the annexation and sewer and/or water services under this Annexation Agreement. For purposes of this paragraph, local laws include, but are not limited to, all ordinances, rules, and 4 . " FJLENUM 2002902559 OR BOOK 04450 PAGE 0324 regulations of the City relating to annexation and sewer and/or water services regardless ofthe fact the Property, while located outside of the City boundaries, is not technically under the jurisdiction of the City. Owners and City agree that all such City Ordinances, rules, and regulations, as may be amended or adopted from time to time, are hereby fully incorporated into this Annexation Agreement by this reference. 8. Owners' Representations and Warranties. Owners represent and warrant that Owners possess fee simple title to the Property, that Owners have full power and authority to enter into this Annexation Agreement, that the undersigned are vested with full authority to execute this Annexation Agreement on behalf of Owners, and that upon execution of this Annexation Agreement the same will be fully binding and enforceable according to its terms. 9. Recordation. The Owners agree and consent that this Annexation Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Seminole County, Florida, and that all costs of recording shall be paid by the Owners, up to $40.00. 10. Binding Effect. Both parties agree to sign all papers necessary to carry out the foregoing Annexation Agreement. The provisions of this Annexation Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties. 11. Attorneys' Fees. In the event of litigation arising out of or relating to this Annexation Agreement, each party shall bear their own attorney's fees and costs. 12. Counterparts. This Annexation Agreement may be executed In several counterparts and each counterpart shall constitute an original. 13. Headings. All headings in this Annexation Agreement are for convenience only and shall not be used to interpret or construe its provisions. 5 FILE NUM 2002902559 OR BOOK 04450 PAGE 0325 14. Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Annexation Agreement, and this Annexation Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 15. Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Owners. 16. Governing Law/Jurisdiction. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder. For purposes of state court action, venue shall lie in Seminole County, Florida, and for purposes of federal court action, venue shall lie within Orlando, Florida. 17. Notices. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: City of Winter Springs City Manager City of Winter Springs City Hall 1126 East State Road 434 Winter Springs, Fl. 32708-2799 Phone: 407-327-1800 Fax: 407-639-7575 TO THE OWNERS: George and Yvonne Meier 1184 Orange Avenue Winter Springs, Florida 32708 6 . of '" FILE NUM 2002902559 OR BOOK 04450 PAGE 0327 ST ~TE OF FLORIDA COUNTY OF SEMINOLE I hereby certifY that the foregoing instrument was acknowledged before me this a day of ~m: by GEORGE A. MEIER ill, 0 who is personally known to me, or ~o has producbd (-" M l,d){)30 14- rr I q()() as identification. STATE OF FLORIDA COUNTY OF SEMINOLE ~I hereby certifY that the foregoing instrument was acknowledged before me this J!L day of 20/, by M. YVONNE MEIER, 0 who is personally known to me, or ~ho has prod ed _FL -M (; OD/) qq).{. W {~,q 0 as identification. g I . /, HOLLY PIERSTORFF N TAR Y UBLI olary Public. State 01 FIorlda CQmrr>s.soo Expres Jun 26, 2lXl5 Commlulon #I 00037<454 ATTEST: ! ! r J,' , i ,:, l ' I ~~~D~A :i(;itkN~~~~~~ES City Clerk ' I By: PAUL P. , , . ~ ;:;; ~ I, :-- -. 0 " ", ~ .... vi'll."" ('" 'f, ", .... .... ,r);' _ STATE OF FLORIDA ""~/() ..~.St.'~\\~-_.-- COUNTY OF SEMINOLE ll\"\\\,,,..:_,~.:~ " ,,;~'p,. I hereby certifY that the foregoing instrument was acknowledged before me thi~:!{~~ay of ----=:1V\;;Ly , 2002, by PAUL P. PARTYKA, Mayor of the City of Winter Springs, 0 who is person~lly known to me. ~'--P~Q. NOTARY PUtt'C .,,~4.,fo DeborahLGillesple *~~ My Commission CC920806 ''I.,,,~ Expires March 21,2004 F:\DOCS\City of Winter Springs\MeierlAnnexation Agreemenl.Meier.wpd 8