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Home My WebLink About13-5535 MIDDLESEX TOWNSHIP IN THE COURT OF COMMON PLEAS OF MUNICIPAL AUTHORITY, CUMBERLAND COUNTY, PENNSYLVANIA Claimant NO. 2013- J C'S3 sMLD' V. (7 ) +a `M BLUE BEACON PA, LLC, MUNICIPAL LIEN DOCKET `' ` Owner t'- MUNICIPAL CLAIM Middlesex Township Municipal Authority ( "Claimant ") files this Municipal Claim against Blue Beacon PA, LLC ( "Owner ") having an address of 20 Erford Road, Suite 305, Lemoyne, Pennsylvania, 17043, and all that certain tract of land including improvements thereon, owned by Owner and described as follows: 1240 Harrisburg Pike Carlisle, PA 17015 Tax Property Map: 21 -17 -2694 Parcel No.: 005 for unpaid additional water tapping fees assessed and charged against the above property pursuant to applicable rate resolutions, the Rates, Rules and Regulations of the Middlesex Township Municipal Authority and in accordance with a Water Tapping Fee Payment Agreement (the "Agreement ") entered into between the Owner and Claimant, a true and LAW OFFICES SNELBAKER & so BRENNEMAN, P.C. �f l� correct copy of which Agreement is attached hereto and incorporated by reference herein as "Exhibit A ". Exhibit A attached hereto contains a statement of the kind and character of the services so rendered and the prices charged therefor, said statement being a true and correct copy of the Owner's account with the Claimant, as a result of which the sum of $79,757.07 was duly assessed against the above Owner and premises on September 19, 2013, and for which sum, including interest at a rate as set forth in the Agreement if and when applicable, a lien is claimed against the above premises in accordance with the Municipality Authorities Act of June 19, 2001, P.L. 287, 53 P. S. § 5601, et seMc ., as supplemented and amended, and by consent and agreement of the Owner. Middlesex Township Municipal Authority By: Keith O. Brenneman, Esquire. Snelbaker & Brenneman, P. C. Solicitor, Middlesex Township Municipal Authority Date: September 20.2013 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) KEITH O. BRENNEMAN, ESQUIRE, being duly sworn deposes and says: that he is the Solicitor for the Middlesex Township Municipal Authority, the above -named Claimant, and that the facts set forth in the foregoing Claim are true and correct to the best of his knowledge, information and belief. l Keith O. Brenneman Solicitor, Middlesex Township Municipal Authority Sworn to and subscribed before me this 20th day of September, 2013. o ary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L. Matrazi, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires Nov. 24, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WATER TAPPING FEE PAYMENT AGREEMENT THIS Water Tapping Fee Payment Agreement ( "Agreement ") is made and entered into this 1A day of ,ffofTh, hZ14, , 2013 by and between: BLUE BEACON PA, LLC, a Pennsylvania limited liability company, having a registered office of 20 Erford Road, Suite 305, Lemoyne, Pennsylvania, 17043, party of the first part, hereinafter "Blue Beacon" AND MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY, a municipal authority organized and existing under the laws of the Commonwealth of Pennsylvania having its principal office at 350 North Middlesex Road, Carlisle, Pennsylvania, 1.7013, party of the second part, hereinafter "Authority" WITNESSETH: WHEREAS, Authority is the operator and manager of municipal sanitary sewerage and water facilities (the "Authority System ") within Middlesex Township, Cumberland County, Pennsylvania (the "Township "); and WHEREAS, Blue Beacon is the owner of a certain parcel or tract of land identified as tax parcel number 21 -17- 2694 -005 and commonly known as 1240 Harrisburg Pike, Carlisle, Pennsylvania (the "Property"); and WHEREAS, the Property is served by the Authority System and has been developed and improved for purposes of providing tractor trailer and truck washing and weighing facilities; and WHEREAS, in accordance with the approved Rates, Rules and Regulations of the Authority (the "Regulations "), Blue Beacon has been previously credited with water tapping fee paid based upon each EDU or portion thereof estimated to be consumed on a daily basis; and EXHIBIT A WHEREAS, the Authority, in accordance with its Regulations, is required to make an analysis of actual water consumption and adjust the tapping fee paid based upon using the highest three months of consecutive usage; and WHEREAS, based upon the analysis of the actual water consumption on the Property, an additional water tapping fee (the "Additional Tapping Fee ") is owed to the Authority by Blue Beacon; and WHEREAS, due to the uniqueness of the development and use of the Property which, inter alia, was previously three separate tracts of land and now utilizes methods of recycling and conserving water, but continues to utilize a large volume of water from the Authority System, the Authority is willing to enter into this Agreement to allow payment by Blue Beacon of its Additional Tapping Fee to the Authority. NOW THEREFORE, in consideration of the promises, terms and conditions contained in this Agreement and intending to be legally bound hereby, the parties hereto agree as follows: 1. The foregoing background and paragraphs are incorporated herein and made a part of the parties' agreement. 2. The parties acknowledge and agree that Blue Beacon shall pay an Additional Tapping Fee of $79,757.07 to the Authority. 3. The Additional Tapping Fee payable by Blue Beacon to the Authority shall be paid as follows: A. $30,000.00 shall be paid by Blue Beacon to the Authority upon Blue Beacon's execution and delivery of this executed Agreement to the Authority, which execution and delivery shall be prior to the Authority's execution of this Agreement. Such payment shall be a separate payment in the above amount and not included with any other water or sewer bill payment; and -2- B. Blue Beacon shall pay the sum of $49,757.07 in twenty -four (24) monthly installments to Authority, the first twenty -three (23) payments each being $2,073.21 with the last monthly installment being $2,073.24, with the first monthly installment being paid due by the 25th day of January, 2014 and with all subsequent monthly payments due each month thereafter on or by the 25th day of each month, in accordance with the payment schedule attached hereto and incorporated by reference herein as "Exhibit A ". 4. As security for Blue Beacon's payment of the Additional Tapping Fee for the period noted in Paragraph 3, above, Blue Beacon agrees that the Authority will file a municipal claim on the Property in the amount of $79,757.07, which municipal claim shall be satisfied by the Authority upon payment in full of all amounts due by Blue Beacon to the Authority under this Agreement. A copy of the municipal claim to be filed is attached hereto and incorporated by reference herein as "Exhibit B ". 5. In the event Blue Beacon fails to make any payment by the time required for such payment as noted in Paragraph 3, the parties agree that Blue Beacon shall be responsible for paying interest on the outstanding balance of the Additional Tapping Fee then due at a rate of six percent (6 %) per annu n and that the full balance of the Additional Tapping Fee shall be immediately due by Blue Beacon and paid to the Authority. 6. In the event Blue Beacon shall be in breach of any term or obligation of this Agreement, Blue Beacon agrees to pay and be responsible for any and all legal fees, costs and expenses incurred by the Authority as a result of such breach, including such fees, costs and expenses incurred in enforcing any term or provisions of this Agreement. 7. In the event any dispute arises regarding the interpretation or enforcement of this Agreement, the parties hereby consent to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania as the sole forum for the resolution of any and all disputes. -3- 8. This Agreement shall be legally binding upon and insure to the benefit of the parties hereto and their respective successors and/or assigns. IN WITNESS WHEREOF, the parties hereby have caused these presents to be executed the day and year first above written. WITNESS /ATTEST: BLUE BEACON PA, LLC: (4 By: K � - Secretary J f wtr,Kbr✓ Name: Morrie SoclE ,rbe-r� Title: ATTEST: MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY: �C'_ 4 B Sec tary (JAee� Chairman (Authority Seal) -4- Blue Beacon Adjusted Water Tapping, Fee�P.ayment Schedule Total Tapping Pee Du,e ... $ 79,757.07 i3own.Payment $ 30 Remaining.8alance Due $ 49,757.07 Monthly.Payments $ 2,073.21 Pnncpai Due Date Payment.# Principal interest. '1341ance $ 49,757.07 Jan, 2014 1 $ 2;073:21 $ .47;683:86 Feb. 2014.. 2 $ 2;073:21 :$ 45,610.65 Ma'r :2014 .3 $ 2;073:21 $ 43537:44. :Apt. 2014 4 $ 2,;073:21 I 41,464.23` May.2014 :5' $ 2;073,21 :$ 39 Jurie.2014: '6: $ 2,073:21 $ 37,317:81. July. 2014 7 $ 2;073;21 $ 35,244.60 Aug.2014 8 $ 2,073.21 $ 33,171:39 Sept. 2014 9 $ 2 Oct.. 2'074 10 $ 2,473:21 $ 29,024.97 Nov. 2014 11 $ 2;073:21' $ .26;951:76 Dec. 2014 1'.2: $ 2 $ 24.,878:55: Jan.2015 13 $ 2,073.21 $. 22,805.34: Feb. 2015 14 $ 2,073:21 $ - 20,732..13 Mar. 2015 15 $ 2;073:21 $. - 18;658.92 Apr; 2015 16. $ 2;073.-21 $ 16 ;May. 20;15. 17 $ 2,073:21 $ 14 June.201S 18 $ 2,073.21; July: 2015 1J $ 2,073.21. $ 10;366:08' Aug. 2015 20 ;$ 2;07 $ 8;292 Sept: 201'5 21 $ 2073.21 $ 6,219:66 0ct..2015 22 $ 2,073.21 $ 4,146:45 Nov. ;2.015 23 $ 2073.21 $ 2,073.24 Qec.201.5 24 $ 2;073.24 $ 0:00 }XHIBIT A