Agenda 03/26/2013 Item #16C2n
3/26/2013 16.C.2.
EXECUTIVE SUMMARY
Recommendation to approve and execute a Notice of Promise To Pay and Agreement To Extend
Payment of Wastewater System Impact Fees with David K. and Cheryl L. Boot, in the amount of
$3,220, with estimated interest of $571.25.
OBJECTIVE: Execute a Notice of Promise to Pay and Agreement to Extend Payment of Sewer
System Impact Fees between David K. and Cheryl L. Boot and the Board of County
Commissioners of Collier County, Florida (Board), as the governing body of Collier County and
Ex- officio the Governing Board of the Collier County Water -Sewer District (District).
CONSIDERATIONS: The Consolidated Impact Fee Ordinance No. 2001 -13, as amended,
codified at the Collier County Code of Laws and Ordinances at Chapter 74, Section 303(d)(2),
provides for agreements to extend payment (offer installment payments) of water and/or
wastewater system impact fees and associated costs over a period not to exceed seven years with
owners of then existing buildings, structures, or applicable improvements, which are mandated to
connect to the regional water and/or wastewater systems.
David K. and Cheryl L. Boot own the property located at 346 Cypress Way West, parcel number
00 1594800005. Owners had previously paid for the water impact fee on March 27, 2006, and are
now connecting to the wastewater system as a result of their septic system failure.
The total amount proposed to be financed is $3,220.00. The owners have executed a Notice of
Promise to Pay and Agreement to Extend Payment of Wastewater System Impact Fees in
accordance with the requirements of Chapter 74, Section 303(d)(2) of the Consolidated Impact
Fee Ordinance. The property owners have deposited $229.00 to cover administrative expenses,
title verification expenses, and the recording fees associated with providing the extended
payment agreement.
FISCAL IMPACT: Entering into this Agreement will defer payment of $3,220.00 over a seven
year period at an interest rate currently of 4.75 percent. The total estimated interest at the current
rate is $571.25.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: The Collier County Consolidated Impact Fee Ordinance
No. 2001 -13, as amended, established the Board's policy that improvements and additions to the
Regional Wastewater System required to accommodate future connections or demand by
Wastewater System Impact Development shall be funded entirely by the revenue derived from
the Wastewater System Impact Fee. Therefore, new users should pay their fair share of costs of
the system. At this time it is not expected that the diminished funds in the Wastewater Impact
Fee Trust account resulting from this agreement will inhibit the County's growth management or
concurrency obligations.
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3/26/2013 16.C.2.
RECOMMENDATION: Approve and authorize the Chairwoman to execute the Notice of n
Promise to Pay and Agreement to Extend Payment of Wastewater System Impact Fees between
David K. and Cheryl L. Boot, and the Board of County Commissioners of Collier County,
Florida, as the governing body of Collier County and Ex- officio the Governing Board of the
Collier County Water -Sewer District, in the amount of $3,220.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service
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3/26/2013 16.C.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.2.
Item Summary: Recommendation to approve and execute a Notice of Promise To Pay and
Agreement To Extend Payment of Wastewater System Impact Fees with David K. and Cheryl L.
Boot, in the amount of $3,220, with estimated interest of $571.25.
Meeting Date: 3/26/2013
Prepared By
Name: GramatgesAlberto
Title: VALUE MISSING
3/1/2013 3:11:09 PM
Approved By
Name: HapkeMargie
Title: Operations Analyst, Public Utilities
Date: 3/4/2013 8:18:55 AM
Name: RiesenTeresa
Title: Manager - Revenue,Utilities Finance Operations
Date: 3/4/2013 9:07:30 AM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
Date: 3/4/2013 12:50:41 PM
Name: Joseph Bellone
Title: Manager - Utility Billing & Cust Serv.,Utilities F
Date: 3/4/2013 2:15:39 PM
Name: Pam Callis
Title: Supervisor - Revenue,Utilities Finance Operations
Date: 3/5/2013 11:43:16 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
n Date: 3/5/2013 1:20:24 PM
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Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 3/13/2013 9:42:35 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/14/2013 10:52:53 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/15/2013 2:02:34 PM
Name: OchsLeo
Title: County Manager
Date: 3/15/2013 3:24:34 PM
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3/26/2013 16.C.2.
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3/26/2013 16.C.2.
This instrument prepared by:
Scott R Teach
Deputy County Attorney
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
(239) 252 -8400
NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND
PAYMENT OF WASTEWATER SYSTEM IMPACT FEES
This Agreement made and entered into this 2e day of March, 2013, by, DAVID K. BOOT
and CHERYL L. BOOT
Whose mailing address is:
346 Cypress Way W.
Naples, FL 34110 -1130
(Hereinafter "Owner") and the Board of County Commissioners of Collier County, Florida acting
as the Governing Body of Collier County and the Ex- Officio Governing Board of the Collier
County Water -Sewer District (hereinafter "County").
RECITALS:
A. The parties to this Agreement adopt and incorporate into this Agreement by reference
the Collier County Consolidated Impact Fee Ordinance in its entirety, same being more
particularly described in the Code of Laws and Ordinances of Collier County, Florida, Chapter
74, including any amendments thereto, and/or its successor in function.
B. Owner represents and warrants to the County that they are the record fee title owners
of certain lands situated within the Collier County Waxer -Sewer District (hereinafter "Property'l,
which has thereon existing Buildings, structures and/or other improvements, and which are
mandated to connect to the Regional water and/or sewer system, said Property more particularly
described below:
A PARCEL OF LAND IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A" AS FOLLOWS HERETO AND MADE A PART HEREOF.
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EXHMIT "A"
A PARCEL OF LAND IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE NORTHWESTERLY CORNER OF LOT 811, UNIT 2, PALM RIVER
ESTATES, AS RECORDED IN PLAT BOOK -3, PAGE %, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, RUN N 140 58'00" E, ALONG THE NORTHERLY
EXTENSION OF THE EASTERLY RIGHT -OF -WAY LINE OF CYPRESS WAY, AS
SHOWN ON SAID PLAT OF UNIT 2, PALM RIVER ESTATE, FOR 300.00 FEET TO
THE POINT OF BEGINNING: THENCE CONTINUE N 140 58' 00" E, FOR 100.00
FEET, THENCE S 750 02' 00" E, FOR 140.00 FEET: THENCE S 140 58' 00" W, FOR
100.00 FEET: THENCE N 75002' 00"W, FOR 140.00 FEET TO THE POINT OF
BEGINNING:
SAID PARCEL OF LAND IS THE SAME AS IS DESCRIBED IN DEED RECORDED
IN OFFICIAL RECORD BOOK 506, PAGE 10 IN THE OFFICE OF CLERK OF THE
CIRCUIT COURT OF COLLIER COUNTY, FLORIDA.
Property Tax ID Number. 0015948011005
C. Owner represents and warrants to the County that the party or parties identified herein
as Owner constitute all persons or entities who are the record owners of the Property.
D. Owner acknowledges and agrees that this Property constitutes Wastewater System
Impact Development property and that Owner has not heretofore paid applicable impact fees to
the County, and as such, is subject to the imposition of Wastewater System Impact Fees
(hereinafter "Impact Fees ") by the County.
WITNESSETH:
NOW THEREFORE in consideration of the above Recitals, the covenants exchanged
herein, the County's provision of certain regional utilities service to the Property, the County's
consent to allow the extended payment of the Impact Fees in installments over time, the Owner's
promise to pay the Impact Fees and all costs associated therewith and other good and valuable
consideration exchanged amongst the parties, the parties agree and covenant with each other as
follows:
1. The above Recitals are true and correct and are incorporated herein.
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2. Owner will pay the subject Impact Fees to the County, together with any title
verification expenses, recording fees, and any reasonable estimation of the cost and expense
associated with providing an extended payment alternative itemized as follows:
Wastewater Impact Fee ................ ..............................$ 3,220.0}
TOTAL DOLLAR AMOUNT FINANCED ....... $ 39220.00
*Accrued Interest on Lien ............ ..............................$
(Special Cases formerly liened to the time of financing)
Extraordinary Administrative Expense
associated with providing extended
payment alternative .................. ..............................$ 75.00
Title Verification Expenses .......... ..............................$ 100.00
Transactional Fees, (recording fees,
documentary stamps, etc.) ........ ..............................$ 54.00
FEES PAID AT TIM OF EXECUTION..........$ 229.00
3. In return for the extended payment alternative that Owner has received, Owner promises
to pay to the order of the County the principal sum reflected as the TOTAL DOLLAR AMOUNT
FINANCED in Paragraph 2 above with interest on the unpaid principal balance from the
beginning of the second full month following the date of this Agreement. The interest charged
shall be adjusted each quarter beginning in January of any calendar year and shall be based on the
County's cost of funds for the immediately proceeding fiscal year.
4. Owner covenants to make monthly payments at any address or location designated by
the County beginning with the second full month following the date of this Agreement in the
amount of $45.13
and a like amount payable each and every month thereafter over a seven (7) year period, the end
of which shall be the maturity daze.
5. On the maturity daze, A FINAL PAYMENT consisting of any remaining principal
balance, accrued interest and other charges shall be due and payable.
6. If the County, in its sole discretion, determines that the monthly installments on the
extended Impact Fees should appear on the Owner's water and/or sewer bill, Owner will make
full and timely payment of the entire utilities bill including any extended Impact Fees
installments. Owner covenants not to attempt to partition the bill or pay either the utilities'
portion without paying the Impact Fees portion or vice- versa.
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3/26/2013 16.C.2.
7. All payments under this Agreement shall be applied first to interest, then to any other
unpaid charges that may be imposed by or appear on the Owner's utility bill, then to any other
charges that may be imposed under this Agreement, with the remainder applied as a reduction of
the remaining principal balance under this Agreement. Owner may pay the entire unpaid
principal balance and any accrued interest or other charges at any time without penalty. If Owner
makes a partial payment of principal, there will be no delay in the due date of any subsequent
payment due from Owner.
8. Owner covenants that Owner is lawfully seized of the Property and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Owner warrants and will defend generally the title of the Property
against all claims and demands subject to any encumbrances of record.
9. Owner covenants to promptly pay when due the principal and interest on the debt
evidenced by the Agreement and will at all times keep its water and/or sewer, and if applicable,
irrigation utilities bill current.
10. Owner covenants to pay all property taxes, including all non-ad valorem assessments,
assessments, charges, fines and other impositions attributable to the Property that may in any way
attain priority over the County's lien against the Property resulting from providing an opportunity
for extended payment of the subject Impact Fees. Owner shall promptly discharge any lien
which has priority over the lien evidenced and contemplated by this Agreement unless Owner:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to County,
(b) contests in good faith the lien by, or defense against enforcement of the lien in, legal
proceedings which in the County Attorney's opinion operates to prevent enforcement of
the lien or forfeiture of any part of the Property, or
(c) secures from the holder of the lien an agreement satisfactory to County subordinating the
lien to the interest of the County in obtaining full payment of the subject Impact Fees.
If County determines that any part of the Property is subject to a lien that may attain priority over
the Country's rights to full payment of the Impact Fees, County may give Owner a notice
identifying the lien and Owner shall satisfy the lien or take one or more of the actions set forth
above within ten (10) days of the giving of notice.
11. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to the County.
12. If the existing Buildings, shvctures and applicable improvements on the subject
Property consist of a mobile home park or rental housing, Owner covenants and agrees, for the
benefit of all affected occupants, to pass through and on the same terms all the benefits of any
extended payment of these Impact Fees to the affected occupants.
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13. Owner will be in default under this Agreement if Owner fails to make any payment
exactly on time, if Owner files a petition of any kind in Bankruptcy Court, or if Owner should be
in default under any of the agreements, terms or covenant in this Agreement. If Owner is in
default, the County may declare the entire unpaid balance under this Agreement and accrued
interest thereon to be due immediately without any advance notice. The County shall not waive
its right to accelerate the payment if it fails to exercise its right for any past defaults. If the
County requires Owner to pay the principal balance and the accrued interest immediately in full
as described above, the County will have the right to be paid back for all of its costs and
expenses in enforcing this Agreement to the extent permitted by applicable law. Those expenses
include, for example, reasonable attorney's fees and costs, including any attorney's fees or costs
awarded by any courts.
14. Owner acknowledges and agrees that the TOTAL DOLLAR AMOUNT OF IMPACT
FEES reflected in Paragraph 2 is a fee, rate or charge for the services and facilities of Collier
County's regional utility system. Further, Owner covenants and agrees that if any extended
payment installment shall not be paid when and as due, the unpaid balance thereof and all interest
accruing thereon shall be an automatic fixed lien on the Property pursuant to Chapter 88 499,
Laws of Florida. Such lien shall be superior and paramount to the interest in the Property of any
owner, lessee, tenant, mortgagee, or other person except the lien of county taxes and shall be on
parity with the lien of any such County taxes. Further, Owner covenants and agrees that in the
event that any such extended Impact Fees installment, or the balance of the Impact Fees upon
acceleration, shall not be paid as and when due and/or shall be in default for thirty (30) days or
more, the unpaid balance of the Impact Fees and all interest accrued thereon, together with
attorney's fees and costs, may be recovered by the County in a civil action, and any such lien and
accrued interest may be foreclosed or otherwise enforced by the County by action or suit in
equity as for the foreclosure of a mortgage on real property.
15. Owner fully understands and agrees that failure to pay any monthly installments in a
timely manner will result in the water to the referenced Property being shut off without further
notice and that the water service will not be restored until all outstanding balances are paid in
full, including but not limited to outstanding utility charges, turn on charges and reinstatement of
the extended Impact Fees installment to current.
16. The extension of time for payment or modification of amortization of the sums secured
by this Agreement granted by the County to any successor in interest of the Owner shall not
operate to release the liability of the original Owner or Owner's successors in interest County
shall not be required to commence proceedings against any successor in interest or refuse to
extend time for payment or otherwise modify amortization of the sums secured by this
Agreement by reason of any demand made by the original Owner or Owner's successor in
interest. Any forbearance by County in exercising any right or remedy shall not be a waiver of or
preclude the exercise of any right or remedy. The covenants and agreements of this Agreement
shall bind and benefit successors and assigns of the County and the Owner. Owners' covenants
and agreements shall be joint and several. If more than one person signs this Agreement as
Owner, each person or entity is fully and personally obligated to keep all the promises made in
this Agreement, including the promise to pay the full amount owed. Any person or entity who
takes over the obligation under this Agreement is also obligated to keep all of the promises made
herein. The County may enforce its rights under this Agreement against each person or entity
individually or against all of them together. This means that any one person or entity signing as
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Owner or any one person succeeding to the Owner's interest may be required to pay all of the
amount owed under this Agreement.
17. Owner or any other person or entity who has an obligation under this Agreement,
waives the right of presentment and notice of dishonor. Presentment means the right to require
the County to demand payment of amounts due. Notice of dishonor means the right to require
the County to give notice if any amounts due have not been paid.
18. If enactment or expiration of applicable laws, or an adjudication by a court of
competent jurisdiction, has the effect of rendering any of the provisions of this Agreement or the
County's statutory lien rights unenforceable or alters the priority of the County's lien as
contemplated and referenced in Paragraph 13, the County, at its sole option, may require
immediate payment in full of all sums secured by this Agreement and may invoke any remedies
permitted hereunder or available by law. If County exercises this option, the County shall give
Owner notice of acceleration. The Notice shall provide a period of not less than thirty (30) days
from the date of notice is delivered or mailed within which the Owner may pay all sums secured
by this Agreement. If Owner fails to pay these sums prior to the expiration of this period, the
County may invoke any remedies permitted by this Agreement or otherwise available to it by law
without further notice or demand on the Owner.
19. This Agreement shall be governed by the Laws of the State of Florida. In the event
that any provision or clause of this Agreement conflicts with applicable law, such conflicts shall
not affect other provisions of this Agreement which can be given effect without the conflicting
provision. To this end, the provisions of this Agreement are declared to be severable.
20. Upon payment of all sums secured by this Agreement, the County shall file a notice
indicating full payment in the appropriate Public Records without charge to Owner. Owner shall
pay any recordation cost.
21. If Owner meets certain conditions, Owner shall have the right to have enforcement of
this Agreement discontinued at any time prior to the earlier. (a) five days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power
of sale contained in this Agreement, or (b) entry of a judgment enforcing this Agreement. The
conditions are that the Owner. (a) pays the County all sums which then would be due under the
Agreement had no acceleration occurred; (b) cures any defaults of any other covenants under this
Agreement; (c) pays all expenses incurred in enforcing this Agreement, including, but not limited
to, reasonable attorney's fees; and (d) take such action as the County may reasonably require to
assure that the lien or the lien rights of the County in the Property and the Owner's obligation to
pay sums secured by this Agreement shall continue unchanged Upon reinstatement by Owner,
this Agreement and the obligation secured hereby shall remain fully effective as if no
acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Paragraphs 17 or 21.
22. Any notice to Owner provided for in this Agreement shall be given by delivering it or
by mailing it by first -class mail unless applicable law requires the use of another method. The
Notice shall be directed to the Property address on the utility bill typically delivered by the
County to the Owner. The Notice to the County shall be given by first -class mail to the County's
address on the utility bill, to the attention of the Collier County Utility Billing and Customer
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Service Director, or any other address the County designates by notice to Owner. Any notice
provided for in this Agreement shall be deemed to have been given to Owner or the County when
given as provided in this Paragraph. If all or any part of the Property or any interest in it is
sold or transferred to other than a person related to the Owner by blood or marriage (or if
a beneficial interest in the Owner is sold or transferred and Owner is not a natural Person)
immediate payment in fall of all sums secured by this Agreement shall be due and payable.
If these sums are not paid in fW1 upon such sale or transfer, the County may invoke any remedies
permitted by this Agreement or applicable law, including but not limited to the refusal to open a
new utilities account and/or provide or turn on the water service.
23. This Agreement shall be recorded in the Public Records of Collier County to reflect a
vested, fixed, and secured Iien on the Property.
24. This Agreement shall be binding upon the Owner, the Owner's successors and assigns
and shall run with the Property.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year fast
above written.
ATTEST:
DWIGHT E. BROCK, CLERK
� ,DEPUTY CLERK
Approved as to form
and legal sufficiency:
151��1
Scott R. Teach
Deputy County Attorney
n
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX- OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER -SEWER DISTRICT.
BY:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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WITNESSES TO ALL SIGNATURES:
Sign-- ✓ Z4t(;L— j
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STATE OF FLORIDA
COUNTY OF COLLIER
3/26/2013 16.C.2.
P E TY OWNER(S):
David K. Boot
The foregoing Notice of Promise to Pay and Agreement to Extend Payment of Wastewater
System Impact Fees was acknowledged before me this _day of March, 2013, by, DAVID K.
BOOT AND CHERYL L. BOOT who produced driver's licenses as identification.
(affix notarial seal)
VALERIE DEE FLEMIN(i
i MY COMMORaN • M106
1 E%l M: D==dw27.20M
IJMiNOdRV Mws"WaermAwwCa
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Notary Public
Commission Number: E E S 1 b 3 (a