Okaloosa County BOCC — April 7, 2015 — Capacity Expansion Charge Payment Agreement — reading text

OKALOOSA COUNTY CAPACITY EXPANSION CHARGE (CEC) PURCHASE AGREEMENT THIS AGREEMENT entered into this _____ day of ___________, 2015, made and entered into by and between Okaloosa County, a political subdivision of the state of Florida, whose mailing address is 1804 Lewis Turner Blvd., Suite 300, Fort Walton Beach, Florida hereinafter referred to as the SERVICE UNIT, and _______________________, whose mailing address is ___________________________________________________, hereinafter referred to as PROPERTY OWNER. WITNESSETH WHEREAS, PROPERTY OWNER is required by either state law and or county ordinance to connect to the SERVICE UNIT’S utility system and in doing so is required to pay either or all of the fees as set forth more fully in the Okaloosa County Code of Ordinances, Chapter 24, Article 11, Division 5, subdivision 1, section 24.212, including water connection fees, wastewater connection fees, installation fees, inspection fees, and lateral fees – collectively referred to as “capacity expansion charges”; WHEREAS, PROPERTY OWNER is a customer currently being supplied with water or sewer services through a private well and/or septic tank located on the specific property that is being required to connect to the SERVICE UNIT as the result of the extension of the SERVICE UNITS’ water and or sewer lines contiguous to the parcel or property to be served; and WHEREAS, the cost of paying all of said fees at one time would create a financial burden to the PROPERTY OWNER and the PROPERTY OWNER is desirous of paying the connection charges on an installment basis. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. The SERVICE UNIT agrees that it shall provide PROPERTY OWNER with sewer and or water connection to the property more particularly described in Exhibit “A” attached hereto and made a part hereof by reference. The sewer and or water connection shall not exceed 100 feet to the property line. 2. PROPERY OWNER does hereby agree to pay SERVICE UNIT a down payment in the amount of $_______ plus a ten percent (10%) administrative cost in the amount of $ _______, for a total of $ ________ on or by _____________. In addition, PROPERTY OWNER does hereby 1 agree to pay on an installment basis capacity expansion charges in the amount of $ __________ which shall be paid monthly in equal amount amortized over ____ (__) years (___ months) until the entire amount is paid in full. 3. The SERVICE UNIT agrees that is shall amortize the capacity expansion charge in accordance with the amortization schedule described in paragraph 2 above and said monthly installment shall be billed to the PROPERTY OWNER monthly on the PROPERTY OWNER’s utility bill. 4. In order to secure the principal amount of connection charges referenced in paragraph 2 above, the PROPERTY OWNER agrees that this Agreement shall constitute a lien upon the property being provided utility services by the SERVICE UNIT, as more particularly described in Exhibit “A” attached hereto and made a part hereof by reference. Said lien will not be removed from the property until the balance owed is paid in full. 5. In the event PROPERTY OWNER fails to pay the monthly capacity expansion charge as required by the terms of this Agreement, the entire balance of the principal sum owed will become due and collectible upon notice. The parties agree that for purposes of this agreement, notice is sufficient when sent via certified mail. 6. The parties agree that should PROPERTY OWNER fail to pay the monthly capacity expansion charge as required by the terms of this Agreement, the SERVICE UNIT shall have the right to discontinue utility service to the property in question until such time as the connection charge has been paid currently. The SERVICE UNIT will not reestablish service to the property until all past due amounts are paid. 7. Upon execution this Agreement shall be recorded in the Official Records of Okaloosa County. 8. The obligations of this Agreement shall run with the land. 9. This Agreement may not be assigned by PROPERTY OWNER without the express, written consent of the SERVICE UNIT which consent shall not be unreasonably withheld. This Agreement encompasses the entire agreement of the parties and may not be modified unless placed into written form and executed by both the SERVICE UNIT and the PROPERTY OWNER, with the same formality use to execute this Agreement. 10. In the event of litigation with respect to enforcing the terms of this Agreement, the venue and court of jurisdiction shall be the Circuit Court of the First Judicial Circuit in and for Okaloosa 2 County, Florida. The PROPERTY OWNER agrees to pay all costs including attorney’s fees necessary in enforcing this Agreement. IN WITNESS WHEREOF the parties have hereunto executed this Agreement the date and year first above written. SERVICE UNIT: ATTEST: OKALOOSA COUNTY, a political Subdivision of the state of Florida, _______________________ By: ______________________________ CLERK DIRECTOR OF WATER & SEWER PROPERTY OWNER: ________________________ BY: ______________________________ WITNESS PROPERTY OWNER Name: ___________________ ________________________ WITNESS Name: ___________________ STATE OF FLORIDA) COUNTY OF OKALOOSA) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ___________________ who is personally known to me or who has produced the following form of identification ____________________________________. WITNESS my hand and official seal this _____ day of _________, 2015. ____________________________ Notary Public – State of Florida 3  EXHIBIT “A” Name: Legal Description: Service Address: Mailing Address: 4