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(xx) "Wastewater" means the spent water of the community comprising the liquid and water - carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with minor quantities of ground and surface waters that are not admitted intentionally. ARTICLE 11 ANNEXATION Section 2.1. Petition to Annex. (a) The Owner has voluntarily submitted to the City a formal and revised Petition or request for Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner and constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed by all of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has been filed with the City in compliance with any and all applicable requirements of law, including, but not limited to, Chapter 171, Florida Statutes. (b) This sub -section of the Agreement represents and includes findings by the Owner and the City that: (1) A substantial portion of the boundary of the Real Property is substantially contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida Statutes; (2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property, and (3) The Real Property is ideally suited for annexation into the City due to its proximity to the City and adjacent transportation corridors and Public Facilities; and (4) The annexation will yield substantial benefits to the Owner, the City, and to the Real Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of natural habitats, Open Space, and increased employment opportunities. (c) The Annexation petition to annex a portion of the Real Property may be withdrawn by the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby terminated as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement with regard to its application to that portion of the Real Property. However, no application fees or other type of fee or charge paid to the City or any other governmental entity, or obligated to be paid to the City or other governmental entity shall be refunded, and the City shall be released form any liability for the release of the obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this Agreement. 5. Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof, the Owner understands and agrees that the City makes no representation as to the suitability or legal appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based upon any specific conditions, except as otherwise set forth herein. Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real Property, based on any time schedule, all as may be required by the City in its sole and absolute discretion, Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 8 14 of 71 291