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HomeMy WebLinkAboutGreen, Clinton and Retta Annexation Agreement -2000 11 28 \ . J Off ICI'l~L 'RECORDS , . , BOOK PAGE i '. 3966 I I 33 Prepared By & Return To: City of Winter Springs SEMltiO~E CO..FL 1126 East State Road 434 CITY OF WINTER SPRINGS Winter Springs, Florida 32708 ANNEXATION AGREEMENT THISANNEXAirION AGREEMENT is made this 28th dayof November , 2000, by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("City"), whose address isl126 East State Road 434, Winter Springs, Florida 32708, and CLINTON GREEN and RETHA GREEN, whose address is 190 Long Pond Drive, Longwood, Florida, 32779 ("Owners"). RECITALS: WHEREAS, the City, acting by and through its City Commission, has under consideration c-, r- "':.t a request by the Owners for sewer and/or water service to lands owned by the Owners and located :::0 ;;;;:~ (j'\ ;:0 N ~-< outside of the City's municipal limits, said lands ("Property") being more fully described in Exhibit (...J )> ..~z ...- :'-."::: .,.. .,~ .;..- II' "A", which is attached hereto and made a part hereof by reference; and CJ1 . -?' -'':::~ W --;0 :-,,:':0 '(/) WHEREAS, pursuant to the policies of the City of Winter Springs, in order to obtain sewer 2r<'t '- ::rJ --I 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, f'o..) ;o(r> = ~ rr1 fTI by law, that it is in the best interests of the City to annex the Property into the City of Winter ~ ('") 3: 0- " ,'., ~UZ Cj 1:;)0 Springs; and I [=ill ':::;:l1Tl C..'l c" ('") .' C) WHEREAS, the parties hereto wish to set forth herein their respective intentions as concerns -0 -<:c :::It ! -11 :r:: ~n-l - ;:':1 :< .. annexation and the duties, and obligations, and privileges resulting therefrom; and (." r'i1 ." 0" or 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 , \ OFFICIAL RECORDS 80r.~ PAGE 3966 1134 HERE h kn d' ~~IWlLE ca..fL hi . W AS, t e Owners ac owl edge that the con Itl 0 executmg t s, AnnexatIOn Agreement prior to obtaining sewer and/or water service from theCity 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 Daterrermination. 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. 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 rdated appurt~nances thereto which are necessary to connect Owners to the City's sewer and/or water system, to provide'a method for such installation, orto pay for all or any portion of such installation. It is the Owners' sole responsibility to install and pay for the 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 connection to, and use of, the 2 OFfiCIAL RECORUS BOO\\ PAGE 3966 1 , 35 . " lEHIHOLE ca..FL CIty'S sewer and/or water system. The CIty shall have the nght 0 mspect 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. 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. Notwithstanding any other provision of this Annexation Agreement, the decision as to whether annexation of the Property is in the best interests ofthe City, and should be accomplished under this Annexation Agreement, shall be made according to the sole and absolute discretion of the 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 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 3 OffICIAL ~r.WPAGE 800K " 3966 \ \ 36 the City. SEMINOLE ca..FL In the event the Owners fail or refuse to execute the instniments, 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 agree 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 regulations of the City relating to annexation and sewer and/or water serviCes regardless of the fact the Property, while located outside of the City boundaries, b 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. 4 OFfICIAL RECUKU:; BOOK PAGE 3966 1 , 3; 8. " SEMIHOtf CO..FL Owners' Representations And Warranties. ' wners 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 shaJ 1 be paid by the Owners. 10. Bindin~ 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 representative, successors and assigns of the respective parties. 11. Attorney's Fees. In the event of litigation arising out of or relating to this Annexation Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's 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 c~nstrue its provisions. . 14. Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shaU be severed from this , - 5 . OFFICIAL RECORD~E gOOI~ f'A 3'966 1 \ 38 Annexation Agreement, and this Annexation Agree~\H%fafia.tfeL 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 properlevel 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:407-32?-1800 Fax: 407-639-7575 TO THE OWNERS: Clinton Green and Retha Green 190 Long Pond Drive Longwood, Florida 32779 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 6 ,- OFfiCIAL l\I:.W;AGE BOm~ . , , . , , 39 3966 SEMINOLE Co..FL shall be deemed to have been given upon the date said notlce 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 n:ceived. 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. 19. 'Sovereigl1l Immunity. Nothing contained in this Annexation Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 20. Modification. This Annexation Agreement shall only be modified by a written instrument executed by the parties hereto or any successor, assigns, heirs, or representatives thereto. IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day and year first above written. CLINTON GREEN, Owner 7 " UfflCIAL RECORQ5 . i Bon~ PAnE '. , '. , 3966 I '4 I , SEMINOLE CO.. Fl STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this Z 7 day of (Jet ,2000,bl CLINTON GREEN, 0 who is personally known to me, or tt'who has produced VtJk'u{ PGI2 L as identification. . ...;:;;..\'fU...., JOHN S. MCMURRER ~~ l:~J!!;:, MY COMMISSION fJ CC 601352 ~~. :J} EXPIRES: November 14, 2000 "l.~ 0" ",~., Bonded Thru Notary Public Underwli18rs N Y BLI ~/"1I11" STATE OF FLORIDA COUNTY OF SEMINOLE I hereby certify that the foregoing instrument was acknowledged before me this 2 "7 day of ~~/~ ,2000,by RETHA GREEN, 0 who is personally known to me, ortit"Who has produced R . fJL as identification. .;. .. I :,,<:,~:,,;:~,:':~ ~.-;,.*!!.'f;:J;;;. JOHN S. MCMURRER "', ' , " NAA MY COMMISSION NCC 601352 . ,_,......,"'",,\ ,.' ,,' w. .:..{,~ EXPIRES: November 14, 2000 ' _' - . I \ II "-?,9f.,i~~;'" Bonded Thru Notary Public Underwliters _-' ~\~ ~ '1 C'I' ., - '\ ....... .y' '. -- ").. ..... 0) . ._, '''l' . ., : ~'..' ,"D "'->' " - ~ I-. . , - ~.. '. 'r ' '. I RI , FLORIDA:'Z ~ >0 :::>~ : 0 ' . ~ : . . . . (I : -;i{'?l STATE OF FLORIDA COUNTY OF SEMINOLE' . o.fh I hereby certify that the foregoing instrument was acknowledged before me this!) 6 - day ~h;w\ovL- ,2000,b~\ 7.~.~'GA of ~ )I\\\er- C?unQCS , who is personally known to me, or 0 who has produced I as identification. l~'<i. TanlEI Haas - \~~ *~ * M'J Commission $::C909506 ",,,.,,,,," Expires February 10, 2004 NOTARY PUBLIC 8 :J/2tJ/ Ll:H1tJ<' 14;5iJ 4U?&452tJ35 Bg~~ICIAL RECOA01E PAGE el3 .. " ~ SCHEDULE A S' ,u.v.f F.t.""/o.,'.'.,,, ...,~:(: 3 9 SURVEY ~9~ ftAT OF ~~r co ( (IMPROVEMENt L~ATI ~. d' . 'l lOt)' . _,.__-p '('I (4' ,.,. J-A' ,": l') II " '-: " J UJ ~l I "T V \I) 4' ,W 11' ~I . /:- i ~ (:. " 1" ~~ I ~l ~ . =" t) ;\~I ~ {, ,,~~ ~~~ r {)~~ (, ,J. 1rI" , , t ~~~ ACcJlf'cs.s . j/ ~ ' It) ./e:31 . ~ ~~~ '.' t~~ . ~l f(', ~ ~Cl I? ~ '. , . '/ 1t)1(~ " [ ", d '\" It.d "-"'''' sm...,.>, ". ~t-" ,; I ~ '.' ..~ ' MG rAJ. r!',~ ..p '~~~ . r-,wlO-C,."g) ) , \ ,.,)1 I - ".,.t' ..eu/~.ol/Y.s N '11 '-, ,:" VJ ~ it;: - /,p"", .v: '" '",... ,'" -.... l ,"~ r ""fl' 1 -". "\ "It .-.--Jo.- " 100' 0 Ili 0Z- . DESCRtmON W The Eut '100 feet or tob 3 and 4, tlEASON SUBDIV!,C;!CN, as rer.ordp.d in Plat Book 7, Page 85, Publie R9cord9 or Ser-incl<:! County, Florida. . ~"I (ts TM! 19 to certify that ,the above described property 1s in 7.011E "e", ~ as determjned by the foderal !nsuranee ^d~1nlstrat1on ~lood Hn7.ard Boundary Map 6nd is not, located 1n Q Flood-prone Area. . SURVEYOR'S CEktlFICA TE 1. O. L 1ieWnr. do hereby ccrtJf)' that thlI plat WI' plotted (rom note, or I F~ld Sum, made under my direct rapon.ibWty, Npervilion and checldna and Itcuratel)' reprntnb I f~ld suney or same. I eerti!y flltther that the abovo plat cOfftlCtly .ho" the (Nt: dlmensiona of the properly surveyed. Ih.t there an no vUiblo encroachment. nor "lolalloN or 8ulldlng Reatrlctlona Of Zenina Ordinancea. eJ(ccpt IS Nl9Wn and detlpated 011 the plat. Thi. plat ~lS the Minimum Standarduet ronh by lhe Florida Boud of Land Survcyol'3. pu~u8n( 10 Section 472.027 and Chapcer 21' HH. Florida Statutes., , C'- ~ ~.Al':':u~ /'~ Rep.t.rC Lal\ll Su~)'Of 0,1.. HaiJNC EXHIBIT No. 1914 FO;IT: . c/J....f.A.., 16S I Kmlyft om, ~ ~/A y\ CL IN rON &. -;l!7ET-" CREEN Loftpood. Florid. 32750 :8 Tc\eptlom; (30~) 862.1674 19 . Jolf No. 11 '( - SJ/ 01"; 7- II.. ~r?