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HomeMy WebLinkAbout09-114A RESOLUTION AUTHORIZING ST. LUCIE COUNTY TO ENTER INTO A PAYMENT PLAN WITH DELINQUENT FEE PAYERS FOR IMPACT FEES WHEN AUTHORIZED BY THE BOARD OF COUNTY COMMISSIONERS WHEREAS, St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County; and WHEREAS, on September 6, 2005, the Board of County Commissioners (the "Board") approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks; and WHEREAS, the alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property; and WHEREAS, on February 3, 2009, the Board granted permission for the County Attorney to file suit to foreclose said lien(s). WHEREAS, it has been requested by Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default-related costs recoverable under the terms of the Lien; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Following the filing of a Notice of Lien directed to a delinquent fee payer for impact fees which remain due and payable, the Board is authorized to enter into a payment plan with the delinquent fee payer. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payer. B) The Fee Payer shall agree to pay equal monthly payments for a term not to exceed 18 months beginning the month following execution of the Agreement. Payments shall be calculated on a calendar day basis, until paid in full, using the total impact fees, plus the delinquency fee and interest set at the statutory rate for final judgments. An amortization table shall be attached to the Agreement. C) In the event that an action in bankruptcy, mortgage foreclosure or any other interests in the land is instituted, then the full amount of the impact fee shall immediately be due and the County will be authorized to protect any interest that it has in that property. D) Monthly payments will only be accepted for the agreed amount. However, nothing shall prohibit paying the entire balance due at any time during the 18 month term. E) The lien imposed upon the property for the payment of the delinquent impact fees shall remain in place and shall not be released until all impact fees and delinquency fees are paid in full; F) In consideration for the Agreement authorizing the payment of impact fee under a schedule, the Fee Payer shall waive any rights they may have under the statute of limitations or any other law for the institution of an action for the foreclosure of the lien. 2. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chair Paula A. Lewis AYE Vice Chairman Charles Grande AYE Commissioner Chris Dzadovsky AYE Commissioner poug Coward AYE Commissioner Chris Craft AYE PASSED AND DULY A~.'~~2T" day of May, 2009. ~~~ ~~ ATTEST: ~" ~ s ,~ ~ ~ ~ ~ Deputy Clerk , =~ ~ C~~ BOARD OF COUNTY COMMISSIONERS , =~ ~, T. WCI COUNTY, FLORIDA . :~.' '~ ~ ~- r 3 '~r- "~ Y• ~ ~~ * Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: 11`~~..." ~~~~ County Attorney IMPACT FEEPAYMENT AGREEMENT 1. PARTIES. 2. 3. 4. 5. 6 "XXX" means "XXX" and his successors and assigns. County" means St. Lucie County, a political subdivision of the State of Florida, and its successors and assigns. IMPACT FEE LIEN. On , the County recorded a Claim of Lien for failure of impact fees to be paid. PROMISE TO PAY. XXX promises to pay the principal sum of plus interest fees and cost for a total of . Interest will continue to accrue on this amount until paid in full. XXX agrees that the impact fees due are valid and enforceable against the property. MANNER OF PAYMENT. A. On or before the fifth day of each month, XXX shall pay dollars to the county. B. Payment shall be made at the office of Code Compliance, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, or at such other place as the County may designate in writing to XXX. RIGHT TO PREPAY. XXX has the right to pay the entire debt evidenced by the Agreement, prior to the dates set forth above in paragraph 4. Monthly payments will only be accepted for agreed amount. FAILURE TO PAY/SALE OF PROPERTY A. If XXX defaults by failing to pay in full any payment required hereunder, the County may require immediate payment in full of the balance remaining due. The County may choose not to exercise this option without waiving its rights. B. If XXX sells the Property, the County will require immediate payment in full of the balance remaining due. C. If the County has required immediate payment in full, as described above in paragraph 3, the County may require XXX to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this note. D. County may foreclose the liens and this Agreement without further notice. E. County may exercise all other rights available to it under written agreement or applicable law. County's rights are cumulative and may be exercised together, separately, and in any order. S:\ATTY~AGREEMNIIIMPACT FEE PAYMENT AGREEMENT.wpd Page 1 of 2 7. 8. WAIVERS. XXX and any other person who has obligations under this Agreement waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the County to demand payments of amount due. "Notice of dishonor" means the right to require the County to give notice to other persons that amounts due have not been paid. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to XXX under this Agreement will be given by delivering it or by mailing it by first class mail to XXX at XXX or at a different address if XXX has given the County written notice of a different address. Any notice that must be given to County under this Agreement will be given by first class mail to the County at the address stated in paragraph 4.B, or at a different address if XXX is given a notice of that different address. BY SIGNING BELOW, the parties accept and agree to the terms and covenants contained in this Agreement. ATTEST: Deputy Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: XXX BY: Print Name: County Attorney S:\ATTY~AGREEMNTIMPACT FEE PAYMENT AGREEMENT.wpd Page 2 of 2