Fort Walton Beach Annexation record — 1604--Lot 3, Block F, Country Club Estates ‎(628 Country Club Avenue)‎ — reading text

The City will process in good faith the application. NOW THEREFORE, in consideration of the representations and warranties heretofore and the mutual premises contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1.) CITY will process an ordinance annexing into the City the Property to be Annexed, a copy of the draft ordinance, identified as Exhibit "A ", and being attached hereto and incorporated herein by reference. 2.) The Ordinance will be processed by CITY as a voluntary annexation pursuant to Section 171. 044, Florida Statutes, which is an ordinance adoption process, including public hearing and participation, the result of which cannot be guaranteed by CITY. 3.) Upon annexation, APPLICANT and any resident on the property annexed Parcel to be Annexed ") shall be entitled to all the rights and privileges and immunities as are from time to time granted to residents and property owners of Fort Walton Beach, as further provided in Section 171. 062, Florida Statutes, and shall further be subject to the responsibilities of owners and any resident on the properties annexed as may from time to time be determined by the Fort Walton Beach City Council and the provisions of said Chapter 171. 062, Florida Statutes.  C V 4.) Upon annexation of the Property to be Annexed, the parcel shall be administered for land use purposes by the City pursuant to the applicable Okaloosa County comprehensive plan and zoning and subdivision regulations until the Fort Walton Beach City Council adopts ordinances amending its comprehensive plan reflecting the City's annexation and rezoning the parcels, respectively. While the application requests the Property to be Annexed be designated LDR on the Future Land Use Map of the Comprehensive Plan and be zoned R -1A, no assurances of those results can be made. 5.) Upon execution of this Agreement by Applicant and City, and upon payment of any impact or other fees, deposits, costs or expenses incident thereto, the Property to be Annexed shall be entitled to connection to the City of Fort Walton Beach water and sewer systems. Until such time the property is Annexed, the rate charged for such services shall be the rate charged for properties outside the city limits. 6.) The application for annexation is irrevocable. 7.) In the event the Fort Walton Beach City Council disposes of consideration of the annexation ordinance without adoption, the parties are both discharged from further performance under this agreement, except that Applicant shall be entitled to receive water and sewer services by City. 8.) This Agreement may not be changed, altered, or amended without a written consent and approval of both parties. 9.) This Agreement shall be binding upon, and inure to the benefit of the heirs, successors and assigns of the parties hereto. 10.) The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this lease shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Dated this 1 2--"day of . 2004 CITY OF FORT WALTON BEACH By: Qb" i 2AU ICA, XMEVHANAHAN, City Manager ATTEST: LEN SPEN R, City Clerk 2  M N Approved as,19 form and legal s iciency. ONI CRAIG T , City Attorney STATE O F F 1ori t 0. COUNTY OFdLal 00Sct The foregoing instrument was acknowledged before me on % S, 2004 by Keith Brooks and Kimberly Brooks who are personally known to a or produced lorida. Driysys C. cwAseas proof of identification. o ARY PUBLIC My commission expires: LARAINE V Commission 0 000104M Expires 3/ 3MM er Bonded P - v, gh 800. 432 -4254) R& 0 ....................