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Backup Documents 03/26/2013 Item #16C 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO tqe<-- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 4-q-2&3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN A,�U Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to��rie n A for y Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Cou t ne a no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #1 through 42 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #I through #2, complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. Service (Initial) 2. 3/26/13 Agenda Item Number 16 -C -2 3. County Attorney Office County Attorney Office SRT 3/26/13 4. BCC Office Board of County Commissioners Number of Original One 5. Minutes and Records Clerk of Court's Office Documents Attached t�3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Pam Callis, Utility Billing and Customer Phone Number 252 -2359 Contact / Department Service (Initial) Agenda Date Item was 3/26/13 Agenda Item Number 16 -C -2 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, SRT Type of Document Notice of Promise to Pay - Boot Number of Original One Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account Yes - Please contact Pam Callis for account number if document is number SC�'7Q•t -o_, -5 to be recorded SRT INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) 1. Does the document require the chairman's original signature? SRT -Applicable) 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwardin to Tallahassee within a certain time frame or the BCC's actions are nullified. Be awarelof your deadlines! 8. The document was approved by the BCC on 3/26/1 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 16 C2 co ,er County Public Utilities Division Utility Billing & Customer Service MEMORANDUM To: Scott Teach, Deputy County Attorney County Attorney's Office From: Pam Callis, Revenue Supervisor UBCS Date: March 5, 2013 Subject: Solid Waste Satisfactions of Lien, Resolution and Executive Summary. Also, the Executive Summary and the signed Impact Fee Agreement, both scheduled for the 3/26/13 BCC Meeting. n Please sign that you have received the above documents and upon the Board's approval, your office will forward them on for the Chairwoman's signature and recording. Our Cost Center for the recording fees is 408 - 210152- 649030. Thank you, oa,oaJ,( oil at. -4 o.4, Sign and Date Utility BIN & Customer Service Department • 4420 Mercantile Ave. • Naples, Florida 34104.239- 252 -2350 • Water /Sewer Billing & Trash Collection 239 - 252 -2380 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 16 C2 INSTR 4821048 OR 4904 PG 2968 RECORDED 4/5/2013 9:17 AM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA DOC @.35 $11.55 REC $69.50 OBLD $3,220.00 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WASTEWATER SYSTEM IMPACT FEES This Agreement made and entered into this 26th 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 Water -Sewer District (hereinafter "Property"), 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. 16 C2 EXHIBIT "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 96, 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, FLORDIA. Property Tax ID Number: 00159480005 C. Owner represents and warrants to the County that the parry 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. 16 C 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 ................ ..............................$ 3,220.00 TOTAL DOLLAR AMOUNT FINANCED ........ $ 3,220.00 *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 TIME 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 date. 5. On the maturity date, 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. 3 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 County'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, structures 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. 4 13. Owner will be in default under this Agreement if Owner falls 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 GJ 16 CZ 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 3 16 C2 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 full of all sums secured by this Agreement shall be due and payable. If these sums are not paid in full 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 lien 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 first above written. ATTEST:,. DWIGHT E. BROCK,- CLERK ,DEPU' Attest as to al. ,- signature d iy: A d as to form d legal suf i iency f; S . Teach Deputy County Attorney BOARD OF COUNTY ,CO SIQNERS COLLIER COUNTY, FLO$ D A THE - GOVERNING BODY OF COLLIER. COUNTY AND AS EX- OFFICIO TI-Id BOARDPF THE COLLIER V',,Q TY WATER -SEW DISTRICT. 7 ESQ. WITNESSES TO ALL SIGNATURES: Sign' Print Sa Si .`V Print STATE OF FLORIDA COUNTY OF COLLIER 16 C2 PR E TY OWNER(S): David K. Boot Cheryl L.toot The foregoing Notice of Promise to Pay and Agreement to Extend Payment of Wastewater System Impact Fees was acknowledged before me this i day of March, 2013, by, DAVID K. BOOT AND CHERYL L. BOOT who produced driver's licenses as identification. U� (affix notarial seal) ,p""'""�. M EMING EE51636 27, 2014 140W NMAR Arac. Co. Notary Public Commission Number: L E 5 16 3(0