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Agenda 09/08/2015 Item #16A289/8/2015 16.A.28. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $80,780 for payment of $530, in the code enforcement action entitled Board of County Commissioners v. VP Office Holdings, LLC, Code Enforcement Board Case No. CESD20120000116, relating to property located at 2244 Venetian Court (Folio No. 00237600008), 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 $80,780, for payment of $530, in relation to Code Enforcement Board Case No. CESD20120000116. CONSIDERATIONS: As a result of a code violation at 2244 Venetian Court (Folio No. 00237600008), which consisted of a failure to install a streetlight at the north entry /exit as required by PUD, the Code Enforcement Board ordered the imposition of a lien against VP Office Holdings, LLC in Case No. CESD20120000116. The lien was recorded in the Official Records on April 18, 2013, at O.R. Book 4909, Page 2613, and it encumbers all real and personal property owned by VP Office Holdings, LLC. The lien amount of $80,780 is based on 807 days of accrued fines ($100 per day from January 23, 2013 through April 9, 2015) plus $80 in operational costs. The property was brought into compliance on April 9, 2015. The property was acquired by Venetian Plaza Office Park Master via Special Warranty Deed on September 11, 2012. Due to extraordinary circumstances beyond their control, as evidenced by hardship letter, the owner accrued additional fines in abating the violation. 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. The property is being actively maintained and the owner has paid $530 in settlement of accrued fines. The owner is requesting a waiver of $80,250 in accrued fines. FISCAL IMPACT: Payment of $530 has been made in settlement, representing $450 in fines and $80 in operational costs. If approved by the Board, accrued fines in the amount of $80,250 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: That the Board waive the fines in the amount of $80,250, accept settlement payment amount of $530, 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: Jeff Wright, Director, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien, 2) Lien Order and 3) Hardship letter Packet Page -786- 9/8/2015 16.A.28. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.28. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $80,780 for payment of $530, in the code enforcement action entitled Board of County Commissioners v. VP Office Holdings, LLC, Code Enforcement Board Case No. CESD20120000116, relating to property located at 2244 Venetian Court (Folio No. 00237600008), Collier County, Florida. Meeting Date: 9/8/2015 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Growth Management Department 8/12/2015 3:46:14 PM Submitted by Title: Manager - Code Enforcement Operations, Growth Management Department Name: SerranoMarlene 8/12/2015 3:46:15 PM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/13/2015 4:01:03 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/13/2015 4:03:40 PM Name: WrightJeff Title: Division Director - Code Enforcement, Growth Management Department Date: 8/14/2015 8:54:53 AM Name: WilkisonDavid Date: 8/14/2015 3:20:11 PM Packet Page -787- Name: NoellKevin 9/8/2015 16.A.28. Title: Assistant County Attorney, CAO General Services Date: 8/17/2015 8:54:06 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/17/2015 9:41:55 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Date: 8/18/2015 10:00:12 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 8/19/2015 7:16:58 AM Packet Page -788- 9/8/2015 16.A.28. This Instrument Prepared By: Jeff Wright 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: VP Office Holdings, LLC., Respondent The lien was recorded on April 18, 2013, in Official Records Book 4909, Page 2613, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six thousand five hundred eighty dollars and zero cents ($6,580), 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 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. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK, Clerk COLLIER COUNTY, FLORIDA A Date: By: Deputy Clerk Tim Nance, Chairman Approved as to form and legality l Kevin Noel] Assistant County Attorney CESD20120000116 Date: Packet Page -789- 9/8/2015 16.A.28. July 30, 2015 Collier County Code Enforcement Operations Growth Management Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Settlement of Code Enforcement Fine in Case No. CESD20120000116 Dear Ladies & Gentlemen: Pursuant to Section 4 of Collier County Resolution 2012 -46, VP Office Holdings, LLC, a Florida limited liability company ( "VP "), hereby requests a waliver of the code enforcement fine and accompanying lien, ' as evidenced by that certain Order Imposing Fine /Lien recorded in Official Records Book 4909, Page 2613, of the Public Records of Collier County, Florida (the "Lien "). Per the payoff request provided to us by Ms. Iliana Burgos, the fine is in the amount of $80,780.00. We enclose herewith a check payable to Collier County in the amount of $80.00 to cover the costs and expenses incurred by Collier County in prosecuting this violation and obtaining, recording and enforcing the Lien. VP formerly owned that certain real property located at 2744 Venetian Court, Naples, FL 34109, Folio 237600008 (the "Property ") which is encumbered by the Lien. VP conveyed the Property to the Venetian Plaza Office Paris Master Association, Inc. via a Special Warranty Deed dated October 1, 2007, and recorded September 11, 2012, in Official Records Book 4834, Page 2136, of the Public Records of Collier County, Florida. The Special Warranty Deed was delivered to Venetian Plaza Office Paris Master Association, Inc. in 2007 as part of the turnover process of the project common areas from the ajeveloper to the owners. We are not certain why the deed was not recorded until 2012. The underlying violation giving rise to the Lien was abated on March 25, 2015, when CO Number PRBD2012122601701 was issued. A code enforcement inspector certified the abatement of the violation, as evidenced by the Affidavit of Compliance enclosed herewith. As the underlying violation has been abated, the Lien amount is fixed and no longer accruing on a periodic basis. We believe that extraordinary circumstances exist which justify Collier County waiving the Lien. VP received the original notice of violation in early 2012. Upon receipt of the notice of violation, VP contacted the neighboring property association, Olympia Park, to coordinate a response and action plan to address the violation. VP had to coordinate with Olympia Park in its response since both properties share a joint driveway access and easement agreement, a portion of the property encumbered thereby is the shared entrance located just off of Vanderbilt Beach Road. A copy of the access and easement agreement, as amended, is enclosed herewith ( "Access Agreement"). R &P Property Management, the property manager for Olympia Park, requested, which VP agreed, to take the lead in contacting and coordinating with code enforcement to address the violation. VP was willing and able to pay its fair share of the cost of the required streetlight, but could not do so until Olympia Park also agreed to pay its share due to the requirements of the Access Agreement. Time lapsed and VP presumed that the streetlight issue had been settled between Collier County and Olympia Park. The underlying situation to abate the code violation was an extraordinary convoluted and complicated process due to the Access Agreement governing the shared entry road at which the streetlight at issue was required to be built, and further due to the delay in recording of the Special Warranty Deed from VP to Venetian Plaza Office Park Master Association, Inc. conveying the Packet Page -790- 9/8/2015 16.A.28. project common areas (which include the Property encumbered by the Lien) to the project owners. Per the enclosed Access Agreement, three (3) separate and distinct legal entities, along with their successors and assigns, jointly share responsibility for the access road, including responsibility for the installation of the streetlight at issue. Coordinating a response between the parties and their respective management companies proved to be unworkable. In the end, it appears that each party believed that the other parties would address the code violation. As time lapsed, all parties, unbeknownst to each other, lost track of the matter. As noted above, at all times, VP was ready, willing and able to coordinate with other property owners, and attempted to do so with Olympia Park, subject to the Access Agreement and pay its fair share of the costs, but, in the end, due to miscommunication across the board, was never given the opportunity to do so. Moreover, the information provided by Collier County as to this violation was vague and failed to explain what was necessary to abate the violation (i.e. location, size, specifications, etc. of the street light). Even if VP were to take the lead in addressing the violation, it is unclear how we could have done so with the information provided by Collier County. In any event, the cost to complete the installation of the streetlight is relatively minor as compared to the extraordinarily high fine. The principals, past and present of VP, are taxpaying citizens of Collier County in good standing, a part of the business community for almost forty (40) years, and this is the first code enforcement issue any of its principals has ever faced. As such, VP respectfully requests a waiver of the code enforcement fine (or reduction thereof) due to the extraordinary circumstances presented in this case. Please let us know if you need any additional information to process this request. Si c cha vage, as Manag VP Office Holdings, LLC 2240 Venetian Court Napies, FL 34109 cc: Cheryl L. Hastings, Esq. Packet Page -791- INSTR 4826710 OR 4909 PG 2613 RECORDED 4/18/2013 8:53 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. VP OFFICE HOLDINGS, LLC. Respondent THIS CAUSE came on for Respondent at which time the Board and Conclusions of Law and there furnisbed to Respondent and was r et. seq. on August 10, 2012 coven nj 237600008, more particularly descri Northeast Quarter of Section 2, Tovr An Affidavit of Non -Co March 18, 2013, which Affidavit ordered. Accordingly, it having been bri Order dated August 6, 2012, it is hereby 9/8/2015 16.A.28. CASE NO.: CESD20120000116 jrea%ing before the Board Jhly Q6, 2012, after due notice to is i nder oath, received evidence, and issued its Findings of Fact i was reducedio writing on August 6, 2012, and in the bcords o Collier bounty, Florida at OR 4825, PG 905, VeRian Court, Naples, Florida 34109, Folio row�j If dfkh' ' a rter �f the Northwest Quarter of the e� 14korrOffivt ` Ilter< �w�,y, Florida. has been filed with r�l byltielode Enforcement Official on under oath that the V action has not been taken as to has not complied with the ORDERED, that the Respondent, VP Office Holdings, LLC, pay to ColIier County fines in the amount of $6,500.00 (Order Items 1 & 2) at a rate of S 100.00 /day for the period of January 23, 2013 through March 28, 2013, (65 days), plus the operational costs of $80.00, for a total of $6,580.00. IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board 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. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this _A_ day of -OtDa2, 2013 at Collier County, Florida. S ?ate of Eiorida County of COL LIER. f c r..r I HEREBY and Cii' {cGi '�.}.'•;�.^��.�.� r.'rr,�l?.7:"- -,i 1 ��' 3 IA4 = ' �- /+ (.'.. County Y•�S�u���c i't� 2,.:;1.1 i=. tROC ', C?_�r ;t' G= COURTS CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY Gerald Le ebvre, ice Chair 2800 North Ho hoe Drive Naples, Florida 34104 Packet Page -792- * ** OR 4909 PG 2614 * ** 9/8/2015 16.A.28. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) o The foregoing instrument was acknowledged before me this _�— day of 2013, by Gerald Lefebvre, Vice Chair of-the Code E forcement Board of k er County, Florida, who is personally mown to me or 1/ who has #roduced x�lorida Diver's License as identification. KAREN G BAILEY � T PUBLI U MY COMMISSION* EESTStZ commission expires: EXPIRES February 14, 2017 ft,4swv� .e. a ICATE OF SERVICE I HEREBY CERTIFY t Office Holdings, LLC, 2244 Ver Packet Page -793- Mail to VP 3.