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HomeMy WebLinkAboutAgreement_Water Service_8/29/2022_Elizabeth CobbRecord & Return To: Keith W. Davis, Esq., Village Attorney Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 PROPERTY OWNER AGREEMENT FOR UTILITY SERVICES, INSTALLMENT PAYMENT AND LIEN, AND FOR VOLUNTARY ANNEXATION THIS PROPERTY OWNER AGREEMENT ("Agreement") is entered into between the undersigned ("Property Owner"), constituting all of the fee simple owners of the property described herein ("Subject Property") and the Village of Tequesta, a municipal corporation existing under the laws of the State of Florida, whose address is 345 Tequesta Drive, Tequesta, Florida 33469 ("Village") WITNESSESETH: The Property Owner desires to obtain certain utility improvements, specifically described below, from the Village. Pursuant to Ordinance No. 08-22, as well as the powers granted to the Village under § 166.021, § 170.09 et seq, and § 180.19, Florida Statues, the Village hereby agrees to extend utility improvements to the Property Owner in consideration of the following agreements and lien, which includes an irrevocable annexation consent: The street address of the Subject Property is: 3`/1-o / /" C4 LJ,1, -1 C0P- f0yc A1,ed p6 , 1-3 The Property Control Number of the Subject Property is: 00 - y3- C/o - 3o , OZ - 06S-0130 The legal description of the Subject Property is as follows: vz- (4e gh4-s &-r- I /.3Z- S UTILITY SERVICES. The Village agrees to make and/or provide the following improvements to the Subject Property ``' JAl A-$t z Cy S-1-v X--e ✓t PAW AU6 2 0 2022 kntage, ©r -tequisota INSTALLMENT PAYMENT TERMS FOR SINGLE FAMILY PROPERTIES. The Property Owner (for single family properties only) agrees to pay the Village an initial nonrefundable down payment in the amount of $ Z, plus thereafter pay connection charges as authorized by the utility director (or designee) in the amount of $ , for a total amount of $ , The Property Owner promises to pay without setoff, deduction or counterclaim of any kind or nature, and made payable to: "Village of Tequesta" at such place as maybe designated in writing by the Village, the assessed sum of $ dollars, together with interest thereon at the rate of--(_`%o) percent per annum, for a period of ''P months (not to exceed 60 months). Repayment of this amount shall be as follows: Monthly installment payments of $ including principal and interest, plus any outstanding late charges, fees and costs shall be due and payable commencing _ , 20 — , and on the first day of each and every month thereafter until the maturity date, at which time all outstanding principal, interest, late charges, fees, and costs will be due. If the Village has not received the full amount of any monthly payment by the end of ten (10) calendar days after the date it is due, the Property Owner will pay a late charge to the Village in the amount set by current ordinance or resolution, which may be amended from time to time. The Property Owner will pay the late charge promptly, but shall only pay one late charge on each late payment. The Property Owner further agrees: 1. The said principal sum of the assessment, together with all accrued interest, late charges, fees, and costs may be accelerated and shall thereafter become immediately due at the option of the Village on the happening of any default in complying with the terms of this agreement, following a ten (10) day grace period. If a default occurs under the terms and conditions of this Agreement, the Village may refuse or discontinue all water and utility service to the Subject Property even if the Subject Property is occupied by a tenant. Consistent with the foregoing, except as specifically provided in § 180.135, Florida Statutes, the Property Owner hereby agrees the Village shall be entitled to refuse or discontinue all water utility services in the event of a default under the terms and conditions of this Agreement, 2 and the Village need not restore utility services unless and until the default is cured. Further, the Village will not establish water service in a tenant's name or any other person or entity's name who is not the Property Owner. During the term of the installment plan, the Property Owner shall maintain all utility accounts for the Subject Property in his or her name. A new account for the Subject Property shall not be opened until the installment plan is paid in full. Where the Property Owner owns more than one property within the Village or service area, a default on one payment shall constitute a default on all payments. Failure on the part of the Village to exercise the provisions of this section shall not constitute a waiver of the right to exercise same in the event of any subsequent default. 2. Presentment for payment, notice of dishonor, protest, and notice of protest are waived by the Property Owner. 3. Provided the indebtedness evidenced in this Agreement is current in all respects, the assessment may be prepaid in whole or in part before maturity, without penalty, and such prepayments shall be applied to the principal. All partial payments of the assessment, except prepayments, shall be applied first to any late payments, then to interest, and then to the outstanding principal. 4. If it becomes necessary to employ counsel to collect this assessment, foreclose the lien granted herein, or otherwise enforce or construe this Agreement, whether or not suit be brought, the prevailing party shall be entitled to reasonable costs and attorney's fees, including those at all appellate levels. 5. Payment in full, including all principal, interest, and late charges shall become immediately due upon the sale or transfer of title to the Subject Property. LIEN . For owners who are paying the above charges via the installment payment method outlined in the preceding paragraphs, Property Owner agrees, and hereby grants the Village an assessment lien against the Subject Property, and such lien shall be governed by the provisions of § 170.09 and § 170.10, Florida Statutes, and shall supersede all other liens except for taxes assessed against the Subject Property, and such lien shall be for the amount of the full indebtedness referenced above, and may be foreclosed at any time 3 following the ten (10) day grace period referenced above, and may be instituted and prosecuted under Chapter 173, Florida Statues. IRREVOCABLE VOLUNTARY ANNEXATION CONSENT. The Property Owner, on behalf of themselves and their successors and assigns, further agrees to submit to annexation by the Village if and when the Village Council should desire to annex the Subject Property into the Village of Tequesta, and the Property Owner agrees that this document shall serve as the Property Owner's voluntary agreement to be annexed into the Village, and no further consent need be given by the Property Owner or their successors or assigns, and no further action or elections shall be required on the part of the Village, except that the Village shall give reasonable notice of its intent to annex the Subject Property by Ordinance. IN WITNESS WHEREOF, the parties have set their hands and seals in execution of this Property Owner Agreement for Utility Services, Installment Payment and Lien, and for Voluntary Annexation. Property Owner By: -i SV'� The foregoing instrument wasacknowledged before me this day of C '&t' � Iffi1 g J'20_L�L, by (-69 b who is personally known to me -or- who has produced 1" l-. P (-- as identification. (NOTARY SEAL) ��wro DIANA COLETTE MANALI JL Commission # HH 064373 , 4 Expires November W, 2024 Borded Ttru Troy fain Insurance WO-W.7019 id • Notary Public Print Name: 1�'�0,nA �anadk My commission expires: ('Wv• I}I VILLAGE OF TEQUESTA By i lage Ma eY (Seal) ATTEST: ` SEAL INCORPORATED; Village Clerk,,('Orgy STATE OF FLORIDA COUNTY OF PALM BEACH Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Telephone: 561-768-0700 http://www.tequesta.org Received of: COBB, JE Description: 1023420301 Receipt 1 08/29/2022 1 375393 1 Iconti DEP 3420 PALM COURT $125.001 L CONN I METER I $500.00 CAP I 3420 PALM COURT I $3,470.861 SRCH I SURCHARGE PB I $1,002.72 CONN I SERVICE ( $40.001 TOTAL: $5,138.58 Signed: Date: