Agenda 09/27/2016 Item #16A11 16.A.11
09/27/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$554,500 for payment of $450 in the code enforcement action entitled Board of County
Commissioners v. Guadalupe Peralez, Code Enforcement Board Case No. CEPM20090008057
relating to property located at 5084 23rd Court SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code
enforcement lien with an accrued value of $554,500 for payment of $450 in relation to the Code
Enforcement Board Case No. CEPM20090008057.
CONSIDERATIONS: As a result of a code violation at 5084 23`d Court SW, consisting of damaged
fascia, missing roof tiles missing, a broken door with no lock, and bee infestation. The Code
Enforcement Board ordered the imposition of a lien against Guadalupe Peralez, in Case No.
CEPM20090008057. The lien was recorded in the Official Records on October 6, 2009, at O.R. Book
4497, Page 3130 and an Amended Order was recorded on January 23, 2012, at O.R. Book 4757, Page
1879. The lien amount of$554,500 is based on 2,218 days of accrued fines, for order item B ($250 per
day from August 15, 2009 through September 10, 2015). The property was brought into compliance by
Fannie Mae a/k/a Federal National Mortgage on September 10, 2015.
This property was abandoned for over 3 years following a foreclosure (Case No. 2012-CA-2164). A
Special Warranty Deed was recorded on October 19,2015, in favor of Walfrido Proenza.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code
enforcement lien encumbers property that is under new ownership and compliance has been achieved
within 30 days. The property is being actively maintained and the new owner has paid$450 in settlement
of fines. The owner is requesting a waiver of$554,050 in accrued fines.
FISCAL IMPACT: Payment of$450 in settlement of fines has been made. If approved by the Board,
accrued fines in the amount of$554,050 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board's
policy contained in Resolution 2012-46. - KN
RECOMMENDATION: To waive the fines in the amount of $554,050, accept payment amount of
$450, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for
recording in the Official Public Records.
Prepared by: Michael Ossorio, Code Enforcement Division Director, Growth Management Department
ATTACHMENT(S)
1.Lien Order (PDF)
2.Releases of Lien-KN signed (PDF)
Packet Pg. 569 I
16.A.11
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of$554,500 for payment of$450 in the code enforcement action entitled Board of County
Commissioners v. Guadalupe Peralez, Code Enforcement Board Case No. CEPM20090008057 relating to
property located at 5084 23rd Court SW, Collier County, Florida.
Meeting Date: 09/27/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name:Nancy CardinaleLower
08/24/2016 8:02 AM
Submitted by:
Title: Division Director -Code Enforcement—Code Enforcement
Name: Michael Ossorio
08/24/2016 8:02 AM
Approved By:
Review:
Code Enforcement Marlene Serrano Level 1 Sim. Reviewer 1-8 Completed 09/09/2016 11:53 AM
Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 09/09/2016 1:08 PM
Growth Management Department Jeanne Marcella Level 1 Division Reviewer Completed 09/09/2016 1:51 PM
County Attorneys Office Kevin Noell Level 2 Attorney Review Completed 09/09/2016 2:21 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/09/2016 5:15 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/13/2016 10:11 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/13/2016 4:18 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/13/2016 5:24 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/14/2016 10:07 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 8:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
Packet Pg.570 I
INSTR 4649774 OR 4757 PG 1879 RECORDED 1/23/2012 9:37 AM PAGES 3 16.A.11.a
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REG $27.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20090008057
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
VS.
GUADALUPE PERALEZ, m
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Respondent. _
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AMENDED W ! TII)�.SPECIAL A6ISTRATE hi
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THIS CAUSE came of e e p i 1 :g.., e f. P Ii hearing upon the Petitioner's a
Motion for Imposition of Fie n o, Ja ulry 12, d(th cial Magistrate, having heard i
argument respective to all ap z i s e-matt er iss& —Its} n n s of Fact anda.
r°' Pq„ ,,�J g Order of the
Special Magistrate,as follows: ,..., I
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\?/_.,.., FINDINGS OF 1 T' �/ f'
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1. On August 7,2009,Respond it`' �fQund guilty of--vio ip of Collier County Code of Laws and C
Ordinances,Chapter 22,Article Piti ;I i t, Anse -Code,Sections 22-231(12)(i),(12)(k), °'
V.)'
(12)(c),and(19) for damaged fascia:1-'6ot i1_c mg,broken door with no lock.,and bee J
infestation, which violation occurred on the property located at 5084 23`d Court SW,Naples,FL, c
Folio##363I5120005(Legal Description:GOLDEN GATE UNIT 6 ELK 198 LOT 9 OR 1546 E
PG 1077).
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2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or Q
before August 14,2009,or a fine of$250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4485,PG
389).
3. Operational costs of$118.40 incurred by the County in the prosecution of this case were ordered
to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing and no legal defense to the Motion was presented.
5. No request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
ORDER
Packet Pg. 571
OR 4757 PG 1880 16.A.11.a
Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,
and Collier County Ordinance No.2010-04,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondent for 874 days for the period from
August 15,2009 to January 6,2012,for a total amount of fines of$218,500.00.
C. Respondent shall pay the previously assessed operational costs of S118.40.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of$1,350.00.
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E. Respondent is ordered to pay fines and costs in the total amount of$219,968.40 or be subject to Zi
Notice of Assessment of Lien against all properties owned by Respondent in Collier County, o
Florida.
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F. The daily fine of$250.00 shag e ittre=to accziie(inti jbatement has been confirmed by a °'
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Collier County Code Enforkmt*9ut Lnves€(gator. � j--`. ce
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DONE AND ORDERED this( s e o . %-.: I v=t Collier County,Florida.
., )C 0 'il +R c+i s I">`Y c ODE ENFORCEMENT
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the w
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # Q
(239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent, -Guadalupe Peralez
Collier Co.Code-Ehfarcement Dept.
Packet Pg. 572
*** OR 4757 PG 1881 ***
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NERVY CERTIFY THAT thisi.S a'tie Imo.:
:ofrecr copy at a oocurnerit ar1'f1ts it .
ioord Minutes and Recoras ofCo�3#€dr ur} ; .~
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WIGHT E. SROCK,CLERK OF 65U/tit
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Packet Pg. 573
INSTR 4348627 OR 4497 PG 3130 RECORDED 10/6/2009 12:38 PM PAGES 2 16.A.11.a
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM—2009-0008057
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
GUADALUPE PERALEZ, E
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Respondent. „_
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ORDER S SPECTAI f STRATE m
f/IMPOSING FINES1L ' \,, W
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THIS CAUSE came befor th cia;T`Mtagistiate for\ublic hearing upon the Petitioner's s
Motion for Imposition of Fines/Lie s .+ ep ber : 701' i e Special Magistrate, having heard m
argument respective to all approprist= _ ert;ole e,..• i. a `_. indings of Fact and Order of the a
Special Magistrate,as follows: { )
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\ FINDINGS OF`FACT
1. On August 7,2009, Responds llrsv`as found guilty of vk latibn'pf die Collier County Code of Laws&
Ord., Chapter 22, Article VI Prope'ty i ja' tenance Code, Sc c 22-231, Subsections 12i, 12k, 12; & O
19 for fascia damaged, roof tiles misau*,b` kkc:n-doer ith,a .tock, bee infestation, which violations aai
occurred on the property located at 5084 23{4oibrb S I }ales,FL,Folio#36315120005. J
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or a'
before August 14, 2009, or a fine of$250.00 per day would be assessed for each day the violations c
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4485,PG 389 ;g
and attached hereto). Q
3. Operational costs of$118.40 incurred by the County in the prosecution of this case were ordered to
be paid.
4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did
not appear at the hearing and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
6. The violation has not been abated as of the date of the hearing.
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED:
Packet Pg. 574
*** OR 4497 PG 3131 ***
16.A.11.a
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against Respondent for 35 days for the period from
August 15,2009 to September 18,2009 for a total amount of fines of$8,750.00.
C. Respondent shall pay the previously assessed operational costs of$118.40.
D. Respondent is ordered to pay fines and costs in the total amount of$8.868.40 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
E. The daily fine of$250.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement Investigator.
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DONE AND ORDERED this / _da3!-of__ � t. ,2009 at Collier County,Florida. aa)
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Mata of fLARItJA —
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HEREBYI CERTIFY THAT this Is a WS
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ENFORCEMENT o
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier E
County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252- 5
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the as
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obligations of this order may also be obtained at this location. Q
LIEN RIGHTS: This order may be recorded in the Public Records of Collier County may become
a lien on your real and personal property. After three(3)months from the filing of any such lien or civil
claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on
the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a
collections agency,the Violator will be responsible for those costs incurred by Collier County.
APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the
Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a
hearing de novo, but shall be limited to appellate review of the record created within the original hearing.
It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk
of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondents--Guadalupe Peralez,/
Collier Co.Code Enforcement Dept..
Packet Pg. 575
INSTR 4333937 oR 4485 PG 389 RECORDED 8/21/2009 4:28 PM PAGES 2 16.A.11.a
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.--CEPM—2009-0008057
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
GUADALUPE PERALEZ,
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Respondent, '0
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ORDER OF SPEcIA1 -MAG1t,STRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 7, 2009, and ami
the Special Magistrate, having heard 4es1sms,oriy-under-oath, received. evidence, and heard argument76
respective to all appropriate maters,hereupon t ,s_ucsits Findi ga
s of Fact,Conclusions of Law,and Order a.
of the Special Magistrate,as fllotV`s' ("`vi1 ) `'\ ..
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1. The owner of the subject property is Guadalupe Pcrziez i l ,
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2. Respondent was notified of the(date of hearing by ccrti€ied mail and posting,but did not appear for
the public hearing. ' '
3. The real property located at 5084 23rd CO-Li-it-SW,Naples, Florida, Folio #36315120005, was, at
the time of service of the Notice of Violation, in violation of Collier County Code of Laws and E
Ordinances, Chapter 22, Article VI Property Maintenance Code, Section 22-231, Subsections 12i, 12k, u
12c and 19 in the following particulars: ;a
Fascia damaged,roof tiles missing,broken door with no lock,bee infestation.
4. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted
in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
22,Article VI Property Maintenance Code,Section 22-231,Subsections 121, 12k, 12c and 19.
B. Respondent shall abate the violations by hiring a general contractor to obtain all applicable
permits, inspections and certificates of completion to repair all minimum housing violations on or before
August 14,2009 or a fine of$250.00 per day will begin to accrue for each day the violation continues
Packet Pg. 576
*** OR 4485 PG 390 *** 16.A.11.a
until compliance is confirmed.
C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violations.If necessary,the County may request the services of the Collier County Sheriff's
Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed
against the property.
D. Respondent is ordered to pay Operational Costs for the prosecution of this case in the amount of
S118.40 on or before September 7,2009.
E. Respondent shall notify the Code Enforcement Investigator, Renald Paul, within 24 hours of
abatement so that a final inspection may be performed to confirm compliance.
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DONE AND ORDERED this day of 111. /,'\ ,2009 at Collier County,Florida.
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C, � COLLIER' OL NTY CODE ENFORCEMENT re
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PAYMENT OF FINES: Any fines orered ttl ~be-paid- ursuart't to this order may be paid at the Collier
County Code Enforcement Department,2&0�Nb t tlo k4io=e Drive,Naples,FL 34104,fax#(239)252- ..
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the c
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obligations of this order may also be obtained at this location. E
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LIEN RIGHTS: This order may be recorded in the Public Records of Collier County and may become acc
lien on your real and personal property. After three (3) months from the filing of any such lien or civil Q
claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on
the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a
collections agency,the Violator will be responsible for those costs incurred by Collier County.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within. It is the responsibility of the
appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal
will not automatically stay the Special Magistrate's Ord •
:aunty of COWEN `'41--:*,}414'
cc: Respondents—Guadalupe Peralez c ` `" ;., ,
�4 r 7 Collier Co.Code Enforcement Dept. 1 HEREBY CElirth TE-2�AT.triilS t,II M
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f :orrect copy Or.a'docutt Erli- 11:ine fa
Board Minta s;and lit:crd5 of older
A� gS hz. o ..::.1 r el,. his
aiy of
DWIGHT E. BRO(kCLEFIOF-COURTS
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♦ ' D't`.e 1 Packet Pg.577
16.A.11.b
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and -�
personal property owned by:
Guadalupe Peralez,
Respondent
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The lien was recorded on January 23, 2012, in Official Records Book 4757, Page 1879, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five
0-
hundred
hundred fifty four thousand five hundred dollars ($554,500), plus accrued interest and penalties,
if any, and imposes certain obligations against real property situated in Collier County, Florida. co
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
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The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
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ATTEST BOARD OF COUNTY COMMISSIONERS °
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DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By: By:
Deputy Clerk Donna Fiala, Chairman
Date: Date:
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Approved as to form and legality
Kevin Noell
Assistant County Attorney
I Parka+ Pn C711 I
16.A.11.b
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
—(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and Zi
personal property owned by:
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Guadalupe Peralez, a
Respondent
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The lien was recorded on October 6, 2009, in Official Records Book 4497, Page 3130, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five a
hundred fifty four thousand five hundred dollars ($554,500), plus accrued interest and penalties,
if any, and imposes certain obligations against real property situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County a,
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
—The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. a'
ATTEST BOARD OF COUNTY COMMISSIONERS °
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
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By: By: ce
Deputy Clerk Donna Fiala, Chairman
Date:
Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
I Packet Pg. 579 I