HomeMy WebLinkAboutAgreement_Water Service_9/14/2023_17053 SE Federal Hwy- AnnexationRecord & 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: /7053 —5a Fei-,e$ 1
V.l r,Jcci- m wk,. 1
The Property Control Number of the Subject Property is: 13' I0-'(2-- aoo' 000-aooGp- $0000
The legal description of the Subject Property is as follows.
N lD D' o [= S Z t'L ` 017Gov L t I or N or w V,1, aF NE Y-L OF 3 t
I? T qds 1z41E, 01F Ue, tk 1 ,. $z lItA► rcpvclo.., otr Sow I$
qoS R43& Lxil' ' /�tJ3" Td CLY dF i+�owStl� -► wvi'
I v1Tk° w AS` TAt- i,,t PTA Q ,A1 PS / N dr - 3 S-,( a"
UTILITY SERVICES. The Village agrees to make and/or provide the following
improvements to the Subject Property AlL``' (A)�- �y S k�/2-
WATER METER & TAP SIZING WORKSHEET - ADDITIONAL INFORMATION
Notes:
Section (1) - Demand Estimation: Estimate demands using Table 1. When Total Fixture Units falls between table values, round up to
the next higher value.
Section (1) - Other Demands: There are some fixtures that are not listed such as unusual fixtures, custom equipment, etc. Each of
these should be listed with supporting information provided justifying the demand.
Section (2) - Irrigation Demand: Irrigation demand shall be based on the largest zones)/circuit(s) operating simultaneously. If
applicable, provide supporting calculations to justify irrigation demand.
Section (3) - Selected Meter Size: Meter & Tap size shall be selected using Table 2. The Max Flow Rate is the larger of the Domestic
Water Demand and Irrigiation Demand plus 20% of the Domestic Water Demand. Meters serving only irrigation demands shall be
based on the calculated irrigation demand in Section (2)
Table 1
Demand Estimation
Fixture Units
De!rand
(GPM)
Fixture Units
Demand
(GPM)
5
9.4
45
27.7
6
10.7
50
29.1
7
11.8
60
32
8
12.8
70
35
9
13.7
80
38
10
14.6
90
41
11
15.4
100
43.5
12
16
120
48
13
16.5
140
52.5
14
17
160
57
15
17.5
180
61
16
18
200
65
17
18.4
225
70
18
18.8
250
75
19
19.2
275
80
20
19.6
300
85
25
21.5
400
105
30
23.3
500
124
35
24.9
750
170
40 1
26.3 1
1000
208
Based on Table f103.3(3) from Florida Plumbing Code
Table 2
Meter & Tap Size Selection
Meter:Tap
Size
Max Flrw
Rate (GPM)
"ax Fixture
Units
3/4"
25
35
1"
40
80
1.5"
75
250
2"
120
400
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 $ ii , plus thereafter pay connection
charges as authorized by the utility director (or designee) in the amount of
$ #4 p. , for a total amount of $ .4 P 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 $ P4 1p,
dollars, together with interest thereon at the rate of -_-�` percent per annum, for
a period of L��` 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
093
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.
WITNESSES
Property Owner
L S wv,
Br
The foregoing instrument was acknowledged before me
20,21, by �O
known to me -or- who has produced
(NOTARY SEAL)
Niarcfa vlhua i
yOtary punlic
date of f-ionda
Carom# H//H10241-
4
this day of
who is personally
as identification.
Notary Public
Print Name: frtll.L
My commission expires: J' ! /a S
VILLAGE OF TEQUESTA
By: I
age Manager
(Seal)
ATTEST:
(APO
P o Ry' C
al SEAL
Village Clerk ':INCORPORATED
STATE OF FLORIDA
COUNTY OF PALM BEACH
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Village
345 Tequesta Drive
Tequesta, FL 33469
Transmittal Form
561-768-0700
www.tequesta.org
To: Lori McWilliams, Village Clerk
From: Dennis Rick, Utility Billing, and Customer Service �M,ana r
CC: Marjorie Craig, Director, Utilities Department , 7
Date: 9/12/2023 ��
Re: Property Owner Agreement for Utility Services, Installment Payment Plan, Lien,
and Voluntary Annexation
Address: 17053 SE Federal Hwy, Unincorporated Martin County 33469
PC N : 13-40-42-000-000-00060-80000
Doc. Type
Pages
Date
9/12/202
Received by
Voluntary Annexation Consent
4
a - ! 40a
Lew -�r _ (G r
I 4,1
all 1 D a'3 914
Notes: For the Village Manager's signature and the Village Clerk to Attest
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Village
345 Tequesta Drive
Tequesta, FL 33469
of Tequesta
a
561-768-0700
www.tequesta.org
Village Clerk's Office Memorandum
TO: Keith Davis
FROM: Lori McWilliams, MPA, MMC, Village Clerk
DATE: 9/12/2023
SUBJECT: Property Owner Agreement for Utility Services, Installation Payment and
Lien, and for Voluntary Annexation
Attached is an agreement that requires recording. Please record and send us back the original
recorded document.
Thank you.
This document may be reproduced upon request in an alternative format by contacting the Village
Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Telephone: 561-768-0700
http://www.tequesta.org
Received of:
STRADA, JOSEPH & KAREN
Description: 1021705300
DEP 17053 SE FEDERAL HIGHWAY $200.0(
CONN
METER
$1,460.00
CAP I 17053 SE FEDERAL HWY-CAPITAL I $8,677,061
SRCH I SURCHARGE - MARTIN I $2,594.271
CONN I SERVICE I $40.001
TOTAL: $12,971.33
Signed: Date:
PAID
Ccp 12 ?Q3
Village of Iequeste
Record & Retum 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: %705� -5a re.4-jex4l
V4 t.JcoO- P ts*ffp� pf pk,4 ✓
The Property Control Number of the Subject Property is: 13 -10* 1 t-=' 000- 000 -00060. ff0000
The legal description of the Subject Property is as follows:
UTILITY SERVICES. The Village agrees to make and/or provide the following
improvements to the Subject Property Alt``' 6t1 *,s�c (v
WATER METER & TAP SIZING WORKSHEET - ADDITIONAL INFORMATION
Notes:
Section (1) - Demand Estimation: Estimate demands using Table 1. When Total Fixture Units falls between table values, round up to
the next higher value.
Section (1) - Other Demands: There are some fixtures that are not listed such as unusual fixtures, custom equipment, etc. Each of
these should be listed with supporting information provided justifying the demand.
Section (2) - Irrigation Demand: Irrigation demand shall be based on the largest zone(s)/circuit(s) operating simultaneously. If
applicable, provide supporting calculations to justify irrigation demand.
Section (3) - Selected Meter Size: Meter & Tap size shall be selected using Table 2. The Max Flow Rate is the larger of the Domestic
Water Demand and Irrigiation Demand plus 20% of the Domestic Water Demand. Meters serving only irrigation demands shall be
based on the calculated irrigation demand in Section (2).
Table 1 Table 2
Demand Estimation Meter & TaD Size Selection
Fixture Units
Demand
(GPM)
Fixture Units
Demand
(GPM)
5
9.4
45
27.7
6
10.7
50
29.1
7
11.8
60
32
8
12.8
70
35
9
13.7
80
38
10
14.6
90
41
11
15.4
100
43.5
12
16
120
48
13
16.5
140
52.5
14
17
160
57
15
17.5
180
61
16
18
200
65
17
18.4
225
70
18
18.8
250
75
19
19.2
275
80
20
19.6
300
85
25
21.5
400
105
30
23.3
500
124
35
24.9
750
170
40
26.3
1000
208
Based on Table EI03.3(3) from Florida Plumbing Code
Meter.Tap
Size
Max Flow
Rate (GPM)
Max Fixture
Units
3/4"
25
35
1"
40
80
1.5"
75
250
2"
120
400
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 $ 1.1 A- _, 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 $ P4 1Pk
dollars, together with interest thereon at the rate of percent per annum, for
a period of �` months (not to exceed 60 months). Repayment of this amount shall
be as follows: Monthly installment payments of $ /k including principal
and interest, plus any outstanding late charges, fees and costs shall be due and payable
commencing 20 ". M�. , 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,
0
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.
WITNESSES
Property Owner
ot, I - sw,
B�
The foregoing instrument was acknowledged before me
20Qa, by
known to me -or- who has produced
(NOTARY SEAL)
�utarc+a ,rvooa
rK y'
Notary Public
State of FlOnda
t{� Comm# HH1024V
Yoc
I,I
this
day of
who is personally
as identification.
i
d Ma vj� �
Notary Public
Print Name:
My commission expires:
VILLAGE OF TEQUESTA
Q�ymxv-A-
By: V' age Manager
(Seal)
ATTEST:
6 al
SEAS,
Village Clerk INCORPORATED
STATE OF FLORIDA
COUNTY OF PALM BEACH
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