HomeMy WebLinkAboutSrinivas and Ramani Chari Annexation Agreement -2004 02 18
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'" Prepared by and return to:
\ Anthony A. Garganese, Esquire
\-..J Brown, Salzman, Weiss & Garganese, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
MARYANNE MORSE, CLERK Of CIRCUIT CWRT
SEMINOLE Cottm'
BK 05223 PGS 1506-1514
CLERK'S I 2004036295
RECORDED 03/11/2t84 14:21:35 PM
RECORDING FEES 42..
RECORDED BV S O'Ktllty
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CITY OF WINTER SPRINGS
ANNEXATION AGREEMENT
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THIS ANNEXATION AGREEMENT is made this ~ day of February, 2004, by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal Corporation ("City"),
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and SRINIV AS AND
RAMANI CHARI, whose address is 1136 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 being more fully described in Exhibit "A", which
is attached hereto and made a part hereof by reference ("Property"); 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 detemline,
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 respecti ve intentions as concerns
annexation and the duties, and obligations, and privileges resulting therefrom; and
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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 ofthe 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 Dateffermination. 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. 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
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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 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.
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 of the 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.
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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. Zonilll!: And Comprehensive Plan Desienations For Annexed ProDertv. Upon
the annexation of the Property, Owners acknowledge and agree that the City Commission of the City
of Winter Springs shall consider an administrative comprehensive plan amendment and rezoning
application proposing to designate the Property "Town Center" on the City's Future Land Use Map
and Official Zoning Map. The City zoning and Future Land Use Map designations 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 predetermined City zoning and comprehensive plan
land use designations.
7. ComDliance 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 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, is not technically under the jurisdiction
of the City. Owners and City agree that all such City Ordinances, rules, and regulations, as may be
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amended or adopted from time to time, are hereby fully incorporated into this Annexation Agreement
by this reference.
8. Owners' Re{lresentations 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.
10. Bindine 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. Headines. All headings in this Annexation Agreement are for convenience only and
shall not be used to interpret or construe its provisions.
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14. Severabilitv. 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. 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 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:
Srinivas and Ramani Chari
1136 Orange Avenue
Winter Springs, FL 32708
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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. Draftinl:. 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. Soverehm Immunitv. 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.
Signed, Sealed and Delivered
in the presence of
g~.~ cL-
'-" 2. I N\ VA'-s SA<:'Al'L L '-JA/2\
Print Name:
SRINIV AS CHARI, Owner
Print Name:
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RAMANI CHARI, Owner < /
I<JUlMt31 jiNw
P. Ii fV7 fl N J /( ) LII-M g I
Print Name:
Print Name:
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STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certify that the foregoing instrument was acknowledged before me this ~ day of
h-€. b ,2004, by SRINIV AS CHARI, 0 who is personally known to me, or-b who has
produced CLoCO '7Q,C:,-5' t ;1 as identification.
STATE OF FLORIDA
COUNTY OF SEMINOLE v'J b" ~ vJ
F-../ Cl r{l I fi \...J
I hereby certify that the ~regOing instrument was acknowledged before me this ~ day of
r= -e. \0 ,2004, by RAMANI CHf~RI, 0 who is personally known to me, 0 who has produced
Ie YSt '7;)..0' lD~q~lfdentification.
NOTARY PUB C
/~i'<.r Michael John Williams
'1~''; My Commission 00167488
"\';01 ,':.o~ Expires November 24, 2006
i'P", Michael John ytllllams
. ~ . My Commission 00167488
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~ Of f\.';' ExPul!W~~yember 24, 2006
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. Febt:U,ary 23, 2004
PUBLIC HEARING AGENDA ITEM 400
ANNEXATION AGREEMENT
EXHIBIT" A"
LOCATION MAP
Lake Jesup
SUBJECT SITE
LEGAL DESCRIPTION
EAST 150 FEET OF LOT 6 BLOCK 'B',
D.R. MITCHELL'S SURVEY OF THE LEVY GRANT,
PLAT BOOK 1, PAGE 5