P RE -A NNEXATION A GREEMENT B ETWEEN T HE C ITY OF W OODBURY , T ENNESSEE
AND _____________________ AND R ELATED I MPROVEMENTS
TO B E C ONSTRUCTED T HERETO
THIS PRE-ANNEXATION AGREEMENT, made and entered into as of the _____ day of ___________, 2014 by and between the City of Woodbury, Tennessee, a Tennessee municipal corporation, hereinafter referred to as the “City” and _______________, hereinafter referred to as “Petitioner,” is for the purpose of setting forth the terms regarding the annexation of property into the corporate limits of Woodbury and the extension of a trunk sewer line to serve the property to be annexed.
WHEREAS, Petitioner is desirous for the City to annex ___± acres of property into the city limits; and
WHEREAS, Petitioner, as an inducement to the City of Woodbury to annex said property, is willing to extend a ___-inch trunk sewer line to town specifications to serve said property (the “project”); and
WHEREAS, the City of Woodbury is desirous of annexing the property in accordance with the construction obligations placed on the Petitioner as set forth in this agreement;
NOW THEREFORE, for and in consideration of the mutual promises and benefits to be derived by the parties herein contained, the City and Petitioner agree as follows:
Section I. Obligations of the City of Woodbury
The City will:
1.
Annex ___± acres of land owned by Petitioner as shown on the attached Exhibit 1 and further described as tax parcel _________.
2.
Review and approve design plans and specifications for the trunk sewer line caused to be prepared by the Petitioner in accordance with City construction standards and requirements.
3.
Grant Petitioner permission to construct the project within the street right-of-way following evidence in the form of an executed construction contract or other document to guarantee completion of the project.
4.
Provide construction inspection of the trunk sewer to be constructed and to be dedicated to the City.
Section II. Obligations of Petitioner
Petitioner will:
1.
Voluntarily request annexation of ___± acres of land attached hereto as Exhibit 1 within thirty (30) days of execution of this agreement.
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2.
Provide to the City utility easements for the project across all property under its ownership or control without cost to the City as may be required.
3.
Furnish design and engineering specifications for the construction of a ___-inch trunk sewer line from Point A on the existing municipal sewer trunk line, along a path, more or less, to the property line of Petitioner as depicted as Point B on Exhibit
2.
4.
Construct the Project in accordance with the plans and specifications approved by the City, and dedicate at no cost to the City such improvement upon completion and acceptance by the City.
Section III. Payment Terms and Conditions
1.
Petitioner shall pay all costs of the Project.
Section IV. Standard Terms and Conditions
1.
This Agreement may be modified only by a written amendment executed by the parties hereto.
2.
The parties hereto, in the performance of this Agreement, shall not act as employees, partners, joint venturers, or associates of one another. It is expressly acknowledged by the parties hereto that such parties are independent entities and that nothing in this
Agreement shall be construed to create an employer/employee relationship.
3.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Tennessee.
Section V. Notices
All instructions, notices, consents, demands, or other communications required or contemplated by this Agreement shall be in writing and delivered in person or sent via first class mail to the respective party noted below or to such other party or address as may be hereafter specified by written notice.
The City:
Mayor
City of Woodbury, Tennessee
101 West Water Street
Woodbury, Tennessee 37190
Petitioner:
(Name)__________________________
(Address)________________
(Address)________________
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IN WITNESS WHEREOF, the parties have duly executed this agreement as of the day and year first written.
C ITY OF W OODBURY , T ENNESSEE P ETITIONER
By: ________________________
Approved as to Form and Legality this ___ Day of ________ 2014
___________________________
City Attorney
By:___________________________
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