1175-MOU Midway-Canaan Comunity Water AssociationMEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SANFORD AND
MIDWAY - CANAAN COMMUNITY WATER ASSOCIATION
REGARDING PAYMENT OF PAST DUE UTILITY INDEBTEDNESS
THIS MEMORANDUM OF UNDERSTANDING is made by and between the CITY
OF SANFORD (hereinafter referred to as "City "), whose address is 300 North Park
Avenue, Sanford, Florida, 32771 and MIDWAY - CANAAN COMMUNITY WATER
ASSOCIATION (hereinafter referred to as "Midway- Canaan "), whose address is 2301
Jitway Street, Sanford, Florida 32772.
The purpose of this Memorandum of Understanding is to memorialize and develop
an enforceable understanding and Agreement as between Midway- Canaan and the City
to develop and implement a payment plan for extinguishing the past due indebtedness to
the City for potable water service furnished to Midway- Canaan by the City.
The City and Midway- Canaan agree as follows
1 . Continuing Service. The City of Sanford will continue to provide potable
water service to Midway- Canaan by means of the existing single water meter.
2. Acknowledgment of Debt Midway- Canaan acknowledges responsibility for
past due utility indebtedness to the City totaling $76-.705 I i dated to April 10, 2007.
3. Firm Payment Plan Midway- Canaan agrees to pay the minimum amount of
Two Thousand, Five Hundred Dollars ($2,500) per month commencing May 1, 2007 and
every month thereafter on the first day of each month until the $76r7-9&.+7 is extinguished,
satisfied and paid in full. Further, it is agreed that FULL payment shall be made by
Midway- Canaan to the City within thirty six (36) months from the date hereof (i.e. May 1,
2010).
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4. Current Service Payments Midway- Canaan agrees to keep all current utility
bills sent by the City of Sanford paid on time and in accordance with the City's billing and
payment schedules.
5. Mandatory Periodic Rate Adjustment Midway- Canaan agrees to periodically
adjust their rates charged to their customers to equal, mirror and match adjustments
required by the City so as to cover all current operating expenses.
6. Interim Defaults In the event Midway- Canaan fails to make the monthly
payments required by Paragraph Three; and /or fails to keep current utility bills paid on time
as required by Paragraph Four; and /or fails to periodically adjust rates to customers as
required by Paragraph Five, then in either or all of such events, the failure of payment or
shortfall in performance shall be brought to the attention of the City Commission by the
Utility Director at its next regular or special meeting following the Interim Default for
immediate action in accordance with the default provisions of this Memorandum of
Agreement.
7. Amendment This Agreement shall be only subject to modification by the City
Commission of the City and the Board of Directors of Midway- Canaan by written
memorandum of equal dignity after notices for public hearing and formal action by the City
and Midway- Canaan.
8. Authority for Execution The respective parties through their lawful
authorized representatives acknowledge that they have full authority to enter into this
Agreement, execute same and perform in accordance with the terms thereof.
9. Default Upon default by either party with reference to the terms, conditions,
agreements and covenants herein contained, the respective parties shall take such action
against the defaulting party as is deemed necessary to enforce the terms hereof.
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10. Counterparts This Understanding may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
11. Applicable Law This Agreement shall be governed by the laws of Florida.
Venue for any claim arising from this Agreement shall be in Seminole County, Florida.
12. Interpretation Whenever the context hereof shall so require, the singular
shall include the plural, and vice versa.
13. Severability In case one or more the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
14. This Agreement shall become effective upon the date the last of the parties'
execution of said Agreement.
Witnesses:
Printed Name
MIDWAY- CANAANCOM M UNITYWATER
ASSOCIATION
L - - �e
Si nature
L lz?
Printed Name
- 4 4
Title
V44,1 �7
Date
Page 3 of 4
i t Xt, Signature - ,
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
he foregoing instruments acknowled ed before me this. �� day of
urWe- 2007, by ��`�?�� +�= 7/41,iti, as G iyir,� �✓
for Midway- Canaan Commu ity Water Association, who is [ ] personally known to me or
who [ ] produced 0 r.zl�4/ p as
identification.
(Notary Seal) Officiat Notary Signature
Attest:
+n
i2 �lLC ,
Jariot R. Dougherty, City' Jerk
Printed Name
CITY OF SANFORD
A�=�
Robert Yehl nager
±
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
Date
The foregoing instrument was acknowledged before me this �` -/%
day of ; , 2007, by Robert Yehl as City Manager of the City of
Sanford, Florida, whG. is [,_.] personally known to me or [ ] who has produced his
as identifi7
(Notary Seal) M otary Public — State of Florida
SINS
Printed Name avy h ftt igr4' 116%
r r �� r Jidy 2� zs
WW &I ftd Asi�x} ��iiey, ire (800)451- 40621
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Y
°a te a +c;
AIZADA WASHINGTON
Notary Public • State of Florida
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My Commission Expires Jan 4, 2011
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Commission # DD 612495
( ;ondF d Through National Notary ASg1.
Attest:
+n
i2 �lLC ,
Jariot R. Dougherty, City' Jerk
Printed Name
CITY OF SANFORD
A�=�
Robert Yehl nager
±
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
Date
The foregoing instrument was acknowledged before me this �` -/%
day of ; , 2007, by Robert Yehl as City Manager of the City of
Sanford, Florida, whG. is [,_.] personally known to me or [ ] who has produced his
as identifi7
(Notary Seal) M otary Public — State of Florida
SINS
Printed Name avy h ftt igr4' 116%
r r �� r Jidy 2� zs
WW &I ftd Asi�x} ��iiey, ire (800)451- 40621
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