06-1638 Annexation Agreements - Laserfiche WebLink

Home Browse Search

2. Title Ooinion/Certification. The City will secure, at the expense of the Owner/Developer, prior to the execution and recording of this Agreement, a title opinion of an attorney licensed in Florida, or a certification of an abstractor or title company authorized to do business in Florida, showing marketable title to the Subject Property to be in the name of the Owner/Developer and showing all liens, mortgages, and other encumbrances not satisfied or released of record. In the alternative and at the option of the Owner/Developer, the Owner/Developer will provide to the City, in advance of the execution of this Agreement, a title opinion of an attorney licensed to do business in Florida, or a certification of an abstractor or title company authorized to do business in Florida, showing marketable title to the Subject Property to be in the name of the Owner/Developer and showing all liens, mortgages, and other encumbrances not satisfied or released of record. 3. Subordination. Unless otherwise agreed to by the City, all liens, mortgages, and other encumbrances not satisfied or released, must be subordinated to the terms of this Agreement. It shall be the responsibility of the Owner/Developer to promptly obtain the said subordination, in form and substance acceptable to the City Attomey, prior to the City's execution of this Agreement. 4. Petition for Annexation. The Owner/Developer, in consideration of the City's agreement to extend, or permit the extension of, municipal water (if applicable: and sewer) service to the Subject Property, does hereby apply to and irrevocably petitions the City for annexation of the Subject Property into the City, in accordance with all rules and regulations applying to such annexation, and in compliance with the City's ordinances and policies relating to the annexation and zoning of the Subject Property, at such time as it becomes legally possible to annex the Subject Property into the City. The Owner/Developer agrees that its petition for annexation is irrevocable. 5. Temoorarv Seotic Tank. ( If sewer service is not available - availability is defined bv Sec. 86-31lc)(2) ofthe City Code) It is acknowledged thatthe City's sanitary sewer service is not presently available to the Subject Property, and that the Subject Property may presently be served by a septic tank located on the Subject Property. It is further acknowledged that the utilization of the septic tank is temporary only until such time as sanitary sewer is available to the Subject Property. 6. Future Sewer Connection. (If sewer service is not available) At such time as the City extends sanitary sewer to the Subject Property [City's Code of Ordinances Section 86-31 (c)], the OwnerlDeveloper shall, at the OwnerlDevelope~s expense and within thirty (30) days written notice from the Annexation Agreement Commercial and/or Residential Properties (greater than 1 unit) Page 2