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HomeMy WebLinkAboutCuebas, Daniel and Oilda M. State Road 17-92 Annexation Agreement -2006 05 25IININNIN~NIMMtON~MNNN~NMNNNIMNNI~I CITY OF WINTER SPRINGS STATE ROAD 17-92 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made this ~s~day of ~~~) ~'~ _, 2006, 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 DANIEL CUEBAS AND OILDA M. CUEBAS, as Co-Trustees of the Daniel Cuebas Revocable Trust dated April 11, 2003 and OILDA M. CUEBAS and DANIEL CUEBAS as Co- Trustees of the Oilda M. Cuebas Revocable Trust dated April 11, 2003, as joint tenants with rights of survivorship, whose address is 601 Casa Park Circle Ct. D., Winter Springs, Florida 32708 ("Owners"). RECITALS: WHEREAS, Owner acknowledges and agrees that Owner has made a request for water and/or sewer service in accordance with that certain Interlocal Agreement entered into by the City of Winter Springs and the City of Longwood, dated September 8, 2005. Said Interlocal agreement is recorded in the Official Records of Seminole County, Florida in Official Records Book 6086, Pages 906-921 ("Interlocal Agreement"); and WHEREAS, Owner acknowledges and agrees that the Interlocal Agreement generally T ~n t ~ ~~ -~ ~ 3 ~^ ~~ ~ ~ v goo C'^ 1~-- ,~ provides for the orderly provision of municipal services in an area identified in the Interlocal Agreement as the State Road 17-92 Municipal Service Area; and WHEREAS, the City, acting by and through the Interlocal Agreement adopted by the City Commission, has under consideration a request by the Owners for sewer and/or water service to be provided by the City of Longwood to lands owned by the Owners and located outside of the City of ~ ~: ~~ _ "T7 ITI ,It, fTl i- i~:• ,~ m Ch ="' f~ i=~ ~' ~1 U'r ~, m ~~ `~ m ~~ ~ ;~ ~. ~.7 c, -`7 c.. r) c~ ,~; ,~, ~- ~~:. ~.:~ r• in r'7 c -mod Winter Spring'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 Interlocal Agreement, in order to obtain sewer and/or water service from the City of Longwood, the Owners must enter into a binding agreement to annex the Property at such time as the City of Winter Springs 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 WHEREAS, Owners acknowledge and agree that the Cities of Winter Springs and Longwood 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 of Longwood without the condition of executing this State Road 17-92 Annexation Agreement; and WHEREAS, the Owners acknowledge that the condition of executing this State Road 17-92 Annexation Agreement prior to obtaining sewer and/or water service from the City of Longwood 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: Recitals. The parties agree that the foregoing recitals are true and correct and are hereby fully incorporated into this SR 17-92 Annexation Agreement by this reference. 2 2. Irrevocable Offer/Effective Date/Termination. Upon execution of this State Road 17-92 Annexation Agreement by the Owner and delivery to the City of Winter Springs, Owner shall be deemed to have irrevocably petitioned the City of Winter Springs for annexation. This SR 17-92 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. 3. Water and Sewer Service. Water and/or sewer service shall be provided to the Property by the City of Longwood in accordance with the terms and conditions set forth in the Interlocal Agreement and any applicable sewer and/or water connection guidelines adopted by the City of Longwood. Owners shall comply with all applicable City of Longwood policies, whether written or otherwise, regarding the connection to, and use of, the City of Longwood's sewer and/or water system. The City of Longwood shall have the right to inspect any and all sewer and/or water lines and appurtenances installed by Owners to connect to the City of Longwood'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 of Longwood and/or City of Winter Springs which directly or indirectly relate to the connection to, and use of, the City of Longwood's sewer and/or water system. For purposes of this paragraph, Owner agrees that the City of Longwood is a third party beneficiary to Owner's obligations hereunder. 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 of Winter Springs. Notwithstanding any other provision of this State Road 17-92 Annexation Agreement, the decision as to whether annexation of the Property is in the best interests of the City of Winter Springs, and should be accomplished under this State Road 17-92 Annexation Agreement, shall be made 3 according to the sole and absolute discretion of the Commission of the City of Winter Springs. Nothing in this SR 17-92 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 of Winter Springs 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 of Winter Springs that the Property is eligible for annexation shall be binding on the Owners. Owners hereby waive any right to object to, or appeal, the City of Winter Spring's decision to annex the Property. Furthermore, Owners hereby agree not to register any written or verbal opposition to the City of Winter Spring's annexation of the Property. 5. Annexation Petition. Upon request by the City of Winter Springs, 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 five (5) calendar days to execute the instruments necessary to annex the Property into the City of Winter Springs. In the event the Owners fail or refuse to execute the instruments, this SR 17-92 Annexation Agreement shall constitute the required Petition for Annexation pursuant to Chapter 171, Florida Statutes. Notwithstanding, the City of Winter Springs shall be authorized to solely rely on this State Road 17-92 Annexation Agreement as a valid voluntary annexation petition or an involuntary annexation consent form. 6. Zoning And Comprehensive Plan Designations For Annexed Property. The City agrees that the Commission of the City of Winter Springs shall initially consider annexing the Property with substantially similar and comparable zoning and comprehensive plan land use 4 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 SR 17-92 Annexation Agreement. For purposes of this pazagraph, local laws include, but are not limited to, all ordinances, rules, and regulations of the City relating to annexation regardless of the fact the Property, while located outside of the City boundazies, is not technically under the jurisdiction of the City, as well as local laws adopted by the City of Longwood regarding the provision of sewer and/or water services. 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 State Road 17-92 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 SR 17-92 Annexation Agreement, that the undersigned are vested with full authority to execute this SR 17-92 Annexation Agreement on behalf of Owners, and that upon execution of this SR 17-92 Annexation Agreement the same will be fully binding and enforceable according to its terms. 5 9. Recordation. The Owners agree and consent that this SR 17-92 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. 10. Binding Effect. Both parties agree to sign all papers necessary to carry out the foregoing SR 17-92 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, the prevailing party shall, to the extent permitted by law, be entitled to recover all its reasonable expenses, including attorneys' fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, trial, post judgment, and appellate proceedings, to the extent permitted by law. 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. 14. Severability. If a word, sentence, or pazagraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or pazagraph 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. 6 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: TO THE OWNERS: 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 Daniel Cuebas and Oilda M. Cuebas 601 Casa Park Circle Ct. D. Winter Springs, Florida 32708 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 18. Drafting. City and Owners each represent that they have both shared equally in drafting this Annexation Agreement and no party shall be favored or disfavored regarding the interpretation of this Annexation Agreement in the event of a dispute between the parties. 7 19. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollazs ($200,000.00). This paragraph shall survive termination of this Agreement. 20. Modification. This SR 17-92 Annexation Agreement shall only be modified by a written instrument executed by the parties hereto or any successors, assigns, heirs, or representatives thereto. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. [Signature page Follows] Signed, Sealed and Delivered in the presence of ~~`~~Z~~ Print Name: ~~ ~~. Print Name: i ~~ ~ Print Name: 9-~~ Print Name: / STATE OF FLORIDA COUNTY OF SEMINOLE DANIEL CUEBAS, as Co-trustee of the Daniel Cuebas Revocable Trust dated April 11, 2003 and as co-trustee of the Oilda M. Cuebas Revocable Trust dated April 11, 2003, as joint tenants with rights of survivorship r~~ ~~ ~~~ O LDA M. CUEBAS, as Co-trustee of a Daniel Cuebas Revocable Trust dated April 11, 2003 and as co-trustee of the Oilda M. Cuebas Revocable Trust dated April 11, 2003, as joint tenants with rights of survivorship I hereby certify that the foregoing instrument was acknowledged before me this day of ,2006,by DANIEL CUEBAS, ^ who is personally known to me, or ^ who has produced ~ L ~ ~ ~i,.a.,u~ ~; C ~r~SP as identification. L' ~Zn ltonoZa 130v NOT RY PUB C STATE OF FLORIDA COUNTY OF SEMINOLE ~~,,a ~ Chyrel Jackson My Commission DD295803 ~a a~ Expires March 02. 2008 I hereby certify that the foregoing instrument was acknowledged before me this ~ day of ,2006,by OILDA M. CUEBAS, ^ who is personally known to me, or ^ who has produced L ~ r~VY ~S~-.:~•e~-+~-as identification. C12o (fl542.4ga3o NOTARY BLI ,fir ~ Chyrel Jackson +F ~p My Commisaion OD295803 (~ ~or w°` Expires March 02.2008 ATTEST: CITY OF WINTER SPRINGS, FLORIDA: 1 ~Z , ~~~ ~ ~ ~/ ~~,~ By: ~' NDREA LORENZO-LU CES / ~' it Clerk y ~~' ~,. ~ _ ~ N ~~. JO F. BUSS; .: ~•"''~•., ~,/ '~, g _~a , ,.. .od ,, Y~~ ... . ~ ~ 'ca •. ~. ' t ,~ '~~ ~...~ •~~Ci`v~ ~ or ~ ~~ „w ,r-. 10 y' +• . r `• EXHIBIT ~l ~ I All that part of the North 315 feet :'of. Lot ~3~13~ 'o~t' z~~~,,t~z,~r~i tiger Farms Addition No. 1 , as per ,plat recor~ded~~ i~nPia't8ook 5~; r r~ Page 8, Public Records of Se~in~ole County,;, Flo~~.~d's~~~w yep°`~c~`b~;d as fol,lorrss Frog ttie: SW.. corner. ~: of n~s,a~i: "`. Lot n~ a t~h -; along the West line_~of sa d~ lot 20~ f,ee~t; .:;the~n,C~ ~A ..~~~1orah 7801 1 ' 15" -East 5.13 feet along the South hri of~,the~~No.rt~h 315 feet of said Lot 13 to the East rx'ght=~~~r~.a~y~ ~lia~e~ of U .S. Highway 17-g2 and the. Point o.f_ Begi~n~.i~ng,~t~h~enc~~e tcontinue NoI"th Z t.r•~~w ~~' ,~ ~ 1t'"1C~j"7 41,~a~M ~"4s e~•, ~~~78011' 15" East 125 feedthen-ce ~~run`~Nor~ah~~02°~39' S1" T~ 1 .~w it k 4 ~ x M Ejast 10,0 °i`e..e,t, thencFe run South~',~*8~41n1t~~~5~!,~~ "f t~+~i;,2~5y;~f:eet, ~. ~ ~. ~,~ ;:E a ~ s t~ ~ thence run Southerly. 100 ~:fee~t ~~Long~, „~r~e},a Yn ,Gr'~ h -of=ua dine. o.f~ ~ U.S. ~~Hi ~hwa* ~ .1~7" ~ 2~~ .~~'o t cu.~ve .. ,concave to the &ast~ `hav-ing a- ~>~edius~ ~o;f,8~;s8~ . 1~ fee~t~ ~a ce~Ktr+al a~n.gle of 00°'38'::38 ~a,nd' a~ cho~d~` 1i ~~ b%~ S;o~"th ~: O'2~~3,q,,~5~1 ~~!~We's t~.a n d~~,itsQ:g~~9~9 ' ~~ ;g~' ~, r .~ h a~-~ ~ ,~ - b .~ ~ ~ y 1 ~_~j L . rjT, ^y' t r~d4 j 4 ~ ,j ;'~~ y~7 ~ ''r"~t,~ _ " ~..l~,~tC ';k ~^S. -11 ?`ate}}'+~"'~h ~~t ~~~`x~~~f~~~ y 4~S R. r ~ . 4 ~ 'i -. l[+A'iir,. >c ~~ ~.~. pii~Ynw~". I' N y t+?#jt C'~'?~;. Y .. it #~7'~~iS ~~f ~ !O t_ t y~,~.i '/ ~ CI"w r<. t4 fY ~~y~4 h a~ ti M3 `. ff t !~ ~ ~ ~ 4 =~i~w" ~ _: r ~. wU"f.r.t~~ fv-F ~'"ry+'~"t ,~ S i. . 1 ~ ~S rid 1 ~ s i) ~~ '~ ~ ; ~ 1 ~i ~i ~, A '. ,p„{i } j„ ~~ ~ J9 i fir,. t +~ CITY OF WINTER SPRINGS STATE ROAD 17-92 ANNEXATION AGREEMENT TIllS ANNEXATION AGREEMENT is made this ,,70""dayof '1!7! 2006, 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 DANIEL CUEBAS AND OILDA M. CUEBAS, as Co-Trustees of the Daniel Cuebas Revocable Trust dated April 11, 2003 and OILDA M. CUEBAS and DANIEL CUEBAS as Co- Trustees of the Oilda M. Cuebas Revocable Trust dated April 11, 2003, as joint tenants with rights of survivorship, whose address is 601 Casa Park Circle Ct. D., Winter Springs, Florida 32708 ("Owners"). RECITALS: WHEREAS, Owner acknowledges and agrees that Owner has made a request for water and/or sewer service in accordance with that certain Interlocal Agreement entered into by the City of Winter Springs and the City ofLongwood, dated September 8, 2005. Said InterlocaI agreement is recorded in the Official Records of Seminole County, Florida in Official Records Book 6086, Pages 906-921 ("Interlocal Agreement"); and WHEREAS, Owner acknowledges and agrees that the Interlocal Agreement generally provides for the orderly provision of municipal services in an area identified in the Interlocal Agreement as the State Road 17-92 Municipal Service Area; and WHEREAS, the City, acting by and through the Interlocal Agreement adopted by the City Commission, has under consideration a request by the Owners for sewer and/or water service to be provided by the City of Longwood to lands owned by the Owners and located outside of the City of Winter Spring'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 Interlocal Agreement, in order to obtain sewer and/or water service from the City of Longwood, the Owners must enter into a binding agreement to annex the Property at such time as the City of Winter Springs 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 WHEREAS, Owners acknowledge and agree that the Cities of Winter Springs and Longwood 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 of Longwood without the condition of executing this State Road 17-92 Annexation Agreement; and WHEREAS, the Owners acknowledge that the condition of executing this State Road 17-92 Annexation Agreement prior to obtaining sewer and/or water service from the City of Longwood 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 SR 17-92 Annexation Agreement by this reference. 2 2. Irrevocable OfferlEffective Daterrermination. Upon execution of this State Road 17-92 Annexation Agreement by the Owner and delivery to the City of Winter Springs, Owner shall be deemed to have irrevocably petitioned the City of Winter Springs for annexation. This SR 17-92 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. 3. Water and Sewer Service. Water and/or sewer service shall be provided to the Property by the City of Longwood in accordance with the terms and conditions set forth in the Interlocal Agreement and any applicable sewer and/or water connection guidelines adopted by the City of Longwood. Owners shall comply with all applicable City of Longwood policies, whether written or otherwise, regarding the connection to, and use of, the City ofLongwood's sewer and/or water system. The City of Long wood shall have the right to inspect any and all sewer and/or water lines and appurtenances installed by Owners to connect to the City of Longwood'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 of Longwood and/or City of Winter Springs which directly or indirectly relate to the connection to, and use of, the City ofLongwood's sewer and/or water system. For purposes of this paragraph, Owner agrees that the City of Longwood is a third party beneficiary to Owner's obligations hereunder. 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 of Winter Springs. Notwithstanding any other provision of this State Road 17-92 Annexation Agreement, the decision as to whether annexation of the Property is in the best interests of the City of Winter Springs, and should be accomplished under this State Road 17-92 Annexation Agreement, shall be made 3 according to the sole and absolute discretion of the Commission of the City of Winter Springs. Nothing in this SR 17-92 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 detennined by the City of Winter Springs 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 of Winter Springs that the Property is eligible for annexation shall be binding on the Owners. Owners hereby waive any right to object to, or appeal, the City of Winter Spring's decision to annex the Property. Furthermore, Owners hereby agree not to register any written or verbal opposition to the City of Winter Spring's annexation of the Property. 5. Annexation Petition. Upon request by the City of Winter Springs, 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 five (5) calendar days to execute the instruments necessary to annex the Property into the City of Winter Springs. In the event the Owners fail or refuse to execute the instruments, this SR 17-92 Annexation Agreement shall constitute the required Petition for Annexation pursuant to Chapter 171, Florida Statutes. Notwithstanding, the City of Winter Springs shall be authorized to solely rely on this State Road 17-92 Annexation Agreement as a valid voluntary annexation petition or an involuntary annexation consent form. 6. Zonin~ And ComprehensivePlanDesi~nations For Annexed Property. TheCity agrees that the Commission of the City of Winter Springs shall initially consider annexing the Property with substantially similar and comparable zoning and comprehensive plan land use 4 designations as imposed by Seminole County upon the Property at the time of annexation, or as altered by application ofthe 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 Reeulations. 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 SR 17-92 Annexation Agreement. For purposes of this paragraph, local laws include, but are not limited to, all ordinances, rules, and regulations of the City relating to annexation regardless of the fact the Property, while located outside of the City boundaries, is not technically under the jurisdiction of the City, as well as local laws adopted by the City of Longwood regarding the provision of sewer and/or water services. 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 State Road 17-92 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 SR 17-92 Annexation Agreement, that the undersigned are vested with full authority to execute this SR 17-92 Annexation Agreement on behalf of Owners, and that upon execution of this SR 17-92 Annexation Agreement the same will be fully binding and enforceable according to its terms. 5 9. Recordation. The Owners agree and consent that this SR 17-92 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. 10. Bindine Effect. Both parties agree to sign all papers necessary to carry out the foregoing SR 17-92 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, the prevailing party shall, to the extent permitted by law, be entitled to recover all its reasonable expenses, including attorneys' fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, trial, post judgment, and appellate proceedings, to the extent permitted by law. 12. Counterparts. This Annexation Agreement may be executed in several counterparts and each counterpart shall constitute an original. 13. Headines. All headings in this Annexation Agreement are for convenience only and shall not be used to interpret or construe its provisions. 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. 6 16. Governin~ 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 offederal 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: Daniel Cuebas and Oilda M. Cuebas 601 Casa Park Circle Ct. D. Winter Springs, Florida 32708 Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 18. Draftin!!. City and Owners each represent that they have both shared equally in drafting this Annexation Agreement and no party shall be favored or disfavored regarding the interpretation of this Annexation Agreement in the event of a dispute between the parties. 7 19. Soverei&J1 Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 20. Modification. This SR 17-92 Annexation Agreement shall only be modified by a written instrument executed by the parties hereto or any successors, assigns, heirs, or representatives thereto. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. [Signature page Follows] 8 Signed, Sealed and Delivered in the presence of 41~~ P;int Name: EioISe.. ~ Ylvdd 1i?ft Print Name: " ~~ d}flw ~ / Print Name: (~8f~ ~-~ PrintN~ Y'1y STATE OF FLORIDA COUNTY OF SEMINOLE J4?wf ~ DANIEL CUEBAS, as Co-trustee of the Daniel Cuebas Revocable Trust dated April 11 , 2003 and as co-trustee of the Oilda M. Cuebas Revocable Trust dated April 11, 2003, as joint tenants with rights of survivorship Ittn.;&v \tic. t &/6 J;-J(-7 o LDA M. CUEBAS, as Co-trustee of the Daniel Cuebas Revocable Trust dated April 11, 2003 and as co-trustee of the Oilda M. Cuebas Revocable Trust dated April 11, 2003, as joint tenants with rights of survivorship I hereby certify that the foregoing instrument was acknowledged before me thi~.s day of N\.au..... ,2006,by DANIEL CUEBAS, 0 who is personally known to me, or 0 who has produced ~ L 1) 111 ~ ~ l\ c ofv&' as identification. C. \201<.>0.;1.<11300 ~ ~h~d~_ _ ~ NOT YPUB C ~ a\. Chyrel JacksOn !~ . My Commission 00295803 '\1;.1 Expires March 02. 2008 STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this ~ day of M ~,2006,bY OILDA M. CUEBAS, 0 who is personally known to me, or 0 who has produced L b "';0~ ...c;.Lk~as identification. Q, 2 0 (osq ~l\qa3o ~)~ NOTARY LI ~ 9 ~ ~ Chyrel Jact<son rJ~ My CommisSiOn 00295803 \;,1:...1 Expires March 02. 2008 A TrEST: CITY OF WINTER SPRINGS, FLORIDA: ,o~_ <.~ NDREA LORENZO-LU ity Clerk 10 11!F>':" // ;:I:lij;;::,{';; ./// I!i~~::' /. ~~~~;:;.(r.'.... . . ,;';"'::. >.;.,~. . .'.il.o" ..:.... ~:; <: < ..,.... '.. ~/.~',,:,".' '::" .\.... "';.-' :',.:'. \ ;"'/T" ., :: ..; ':::::;:':.:" :.h...-.....~~ "11. 4,l.."..~~._.l.'.4~' .i ';J..'$'I '" rY' \~<.\. EXHIBIT I II A II :L . '.\. ~ . ;: . . . .. '~',". , . "'::.'~'<'"f:,~": ......,-~....-.-;"'..:.~. :", o:.:.."",-._,.~., ::.:""';,.. ..:;:.....~~.;.,~ ,.-i-.,.".,.. '~''''l . ." ..' - . '::~.,::.:.i '";~~,~,;, ,- . 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