§ 40-175. Written agreement.

Upon submittal of a complete application to enter into the program as approved by the district, the property owner shall enter into a voluntary written agreement with the district that shall constitute the property owner's consent to be subject to a non-ad valorem assessment. The written agreement shall be recorded and provide for the following:

(1)

The maximum limit of the financing for the program shall be $50,000.00 or 20 percent of assessed value, whichever is greater, per property, unless:

a.

A higher financing amount is consented to by the mortgage holder on the property, if one exists; and

b.

The energy audit, or information on energy savings measures provided in the application, shows a demonstrated high level of energy savings that is equal to or greater than the proposed assessment amount or renewable energy produced over the duration of the financing.

(2)

Express voluntary consent to accept the non-ad valorem assessment has been given.

(3)

The length of time permitted for the property owner to repay the non-ad valorem assessment shall not exceed 20 years, including the term, interest rate and administrative and financing fees.

(4)

The property owner shall be responsible for ensuring the improvements are completed as reflected in the approved application documents. The property owner also consents to providing access to property to the county to verify that the improvements have been completed as proposed in the application.

(5)

At the time of a transfer of property ownership, the past due balances of any non-ad valorem assessment under this subsection shall be due for payment, but future payments shall continue as a lien on the property.

(6)

The risks associated with participating in the program shall be disclosed in the written agreement, including risks related to the failure of the participating property owners to make payments and the risk of issuance of a tax certificate and loss of the property pursuant to F.S. ch. 197.

(7)

The cost of an energy savings audit or the cost to complete an estimate of information on energy savings measures, estimated energy savings for each measure, estimated greenhouse gas reductions and estimated cost savings from the projects will be subject to reimbursement upon execution of the written agreement to accept the non-ad valorem assessment.

(8)

The property owner shall agree to apply any rebates provided by an entity other than the district, received for the projects approved by the district, towards the repayment of the non-ad valorem assessment.

(9)

If property taxes are paid through an escrow account, the property owner is responsible for notifying the lender of any adjustment to monthly payments.

(10)

The property owner shall provide all copies of final permits and inspections to the district upon completion of the projects.

(11)

The property owner shall agree to provide the district five years of utility statements showing the energy usage for the property following the year in which the improvements are made. The statements shall be due on the final day of the month when the improvements were completed.

(Code 1982, § 1-19-14; Ord. No. 10-025, § 1, 6-15-2010)