HomeMy WebLinkAboutMeier, George A. III and Meier, M. Yvonne Annexation Agreement - 2002 05 29
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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
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FILE NUM 2002902559
OR BOO~ 04450 PAGE 0322
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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 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
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FILE NUM 2002902559
OR BOm< 04450 PAGE 0323
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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
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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.
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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
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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
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. /, HOLLY PIERSTORFF
N TAR Y UBLI olary Public. State 01 FIorlda
CQmrr>s.soo Expres Jun 26, 2lXl5
Commlulon #I 00037<454
ATTEST: !
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City Clerk ' I
By:
PAUL P.
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STATE OF FLORIDA ""~/() ..~.St.'~\\~-_.--
COUNTY OF SEMINOLE ll\"\\\,,,..:_,~.:~
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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.
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NOTARY PUtt'C .,,~4.,fo DeborahLGillesple
*~~ My Commission CC920806
''I.,,,~ Expires March 21,2004
F:\DOCS\City of Winter Springs\MeierlAnnexation Agreemenl.Meier.wpd
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