10-2143 Annexation Agreement Gatehouse Sunshadow LLC Parcel 26-20-30-5AR-0D-00-058M

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NOW THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Sunshadow agree as follows: 1. Recitals and Exhibits. The above recitals are true and coi~•ect, form a material part of this Agreement and are, by this reference, incorporated in this Agreement as if fully set forth herein. 2. Conditions of Annexation. In the event the Property is annexed into the City, the annexation shall be subject to the conditions and stipulations set forth hereinbelow, and this Agreement shall be deemed incorporated into and shall become a part of the City's ordinance annexing the Property into the City (the "Annexation Ordinance"). 3. Deed to Sunshadow Drive. Sunshadow agrees to execute a deed (in the form attached as Exhibit "D") to Sunshadow Drive in favor of the City, granting fee simple title to the Sunshadow Drive right of way to the City, as shown in the attached Exhibit "C", and to execute any necessary lien releases. At the same time, the City will issue to Sunshadow a right of way utilization permit, pursuant to the application, in the form attached as Exhibit "E", to allow Sunshadow to continue to maintain the street lights, sidewalks, and landscaping in the Sunshadow Drive right of way. Sunshadow also agrees to comply with Section 68-41 through 68-54 of the City Code regarding requirements for City right of way permits. 4. Municipal Services. The City hereby agrees to maintain Sunshadow Drive as a public roadway and provide maintenance of Sunshadow Drive, on the same terms and conditions and in the same manner as is afforded to all other public roadways within the City. The City will maintain the roadway structural elements, to include the asphalt, base, curb and storm sewer, as well as City water and sewer elements, within the right of way. Sunshadow will be responsible for maintenance of the sidewalks, street lights and the existing landscaping along the Sunshadow Drive right of way. 5. Signage. Sunshadow owns two monument signs on S.R. 434 shown in the sketches attached as Exhibit "F", identifying the Sunshadow Apartments. These signs were legally authorized by Seminole County and shall remain on site. The signs were part of the "premises" when it was developed, as defined in City Code, and shall be deemed legal "on premises signs," as defined in City Code. In the event the signs are damaged or destroyed, Sunshadow shall be permitted to repair the signs, so long as the signs are not enlarged in any way; or if destroyed, replace them with similar signs of the same style, size, and weight. Electronic signs shall not be permitted. 6. No Annexation Fees. It is understood and agreed that no fees, costs or expenses will be charged to or become due from Sunshadow to the City or to any other governmental authority, private individual or entity on account of or in connection with the City's review and processing of the annexation. 2