Agenda 04/22/2014 Item #16A15 4/22/2014 16.A.15.
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EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$169,082.29 for payment of
$12,082.29,in the code enforcement action entitled Board of County Commissioners v. Saddlebrook
Apartments, LLC, Code Enforcement Board Case No. CEPM20120009999, relating to property
located at 8625 Saddlebrook Circle,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of $169,082.29 for payment of $12,082.29, in
relation to Code Enforcement Board Case No. CEPM20120009999.
CONSIDERATIONS: As a result of a code violations at 8625 Saddlebrook Circle, that
consisted of metal stairs that were rusted through creating a hazardous condition and a hole in the
ceiling with rotted wood exposed due to water damage,the Code Enforcement Board ordered the
imposition of a lien against Saddlebrook Apartments, LLC, in Case No. CEPM20120009999.
This lien was recorded in the Official Public Records on June 12, 2013, at O.R.Book 4931,Page
3573, and it encumbers all property owned by Saddlebrook Apartments, LLC. The lien amount
of$169,082.29 is based on accrued fines of$169,000.00 (338 days at $500 per day from April
30,2013 through April 2,2014),plus$82.29 in operational costs.
Saddlebrook Apartments, LLC acquired this property from the CEI Kensington on March 8,
2013, and inherited the violations, which were a matter of public record as of March 15, 2013.
The property is an affordable housing multifamily development which had many property
maintenance and other issues, including fire system upgrades. Shortly after taking title, and for
approximately one year that followed, Saddlebrook fixed all of the issues and expended over
$1.3 million dollars to accomplish this. The property is under contract with a closing date of
April 30,2014.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when
payment of the full lien amount would impose a severe financial hardship on the property owner;
fines accrued by an existing owner would be considered for a waiver as.long as the existing
owner has diligently pursued abatement and compliance has been achieved. In this case, the
owner is actively maintaining the property and compliance was achieved on April 2, 2014. The
owner has paid $12,082.29, representing $12,000 in fines and $82.09 in operational costs, and is
requesting a waiver of$157,000.00 in accrued fines.
FISCAL IMPACT: Payment of $12,082.29, representing $12,000 in fines and $82.09 in
operational costs, has been made. If approved by the Board, accrued fines in the amount of
$157,000.00 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
/'"'■
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4/22/2014 16.A.15.
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 accrued fines in the amount of$157,000.00,
accept payment of $12,082.29, and authorize the Chair to sign the attached lien release for
recording in the Official Public Records.
Prepared By: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division,Planning and Regulation.
Attachments: 1)Release and Satisfaction of Lien
2)Order imposing lien
3)Expense receipts
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4/22/2014 16.A.15.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve a release of Tien with an accrued value of
$169,082.29 for payment of$12,082.29, in the code enforcement action entitled Board of
County Commissioners v. Saddlebrook Apartments, LLC, Code Enforcement Board Case No.
CEPM20120009999, relating to property located at 8625 Saddlebrook Circle, Collier County,
Florida.
Meeting Date: 4/22/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
4/15/2014 3:58:08 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 4/15/2014 4:16:58 PM
Name: WrightJeff
Title: Director-Code Enforcement,Code Enforcement
Date: 4/15/2014 5:03:34 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/16/2014 7:25:55 AM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/16/2014 8:41:23 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/16/2014 9:14:30 AM
.-� Name:KlatzkowJeff
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4/22/2014 16.A.15.
Title: County Attorney,
Date: 4/16/2014 9:20:34 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/16/2014 9:32:42 AM
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4/22/2014 16.A.15.
This Instrument Prepared By:
Jeff E. Wright
Code Enforcement Department
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:
Saddlebrook Apartments, LLC
Respondent
The lien was recorded on June 12, 2013, in Official Records Book 4931, Page 3573, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of twelve thousand eighty-two dollars and twenty-nine cents ($12,082.29), 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. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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4/22/2014 16.A.15.
INSTR 4852054 OR 4931 PG 3573 RECORDED 6/12/2013 10:00 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
4
•
CODE ENFORCEMENT BOARD
COWER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY.FLORIDA,
Petitioner, CASE NO.:C5PM20120009999
vs.
SADDLEBROOK APARTMENTS.LLC.
Respondent,
•:IP a:. ; •ID'Lr -. - ,
,vim„------- 1
THIS CAUSE came on for• iii► ing before the Board .. 28,2013,after due notice to
Respondent at which time the Board •— • • i • under oath,receive evi•r_. - and issued us Findings of Fact
and Conclusions of law a n d therein.• c• • .•writing on March 4,2013,and
fs niched to Respondent and was -•• a• „ Florida at OR 4896,PG 2084.
et.seq,on Match 15,2013 coverin• • •• •••;"�'1 -7,1:1,„:-''w•" ;;,: .• pink,Naples,Florida 34104,
Folio 295120307,more partial .. d--••' f ls'• ne 1tecdrds of Collier County,Florida.
,..,
I �
An Affidavit of Nob-Coat pe • • • • • _,, • , . ' Enforcement Official on May
10,2013.which Affidavit certified tdr4C\o oath that the required .•• • af ' not been taken as ordered.
�\.. 1
Accordingly,it having been to the Board's attenuo� �.,has not complied with the
Order dated March 4,2013,it is hereby (3 1l�
ORDERED,that the Respondent. •. �--��;,3 , �, pay to Collier County fines in the amount
of S12,000.00(Order hems 3&4)at a rate of •', 7' ;, ,31.,• • 'ad of April30,2013 through May 23,2013
(24 days),plus the operational costs of S8229,fora total of 512,08229.
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 pursumt 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 watts stay the Board's Order.
DONE AND ORDERED this 3 day of i fG ,2013 at Collier County,Florida.
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Saddlebrook Cap Ex
Al[Dates
Total
15015 CAPITAL EXPENSES
12170 Equipment Rental 37,594.86
12180 Equipment Repair 3,222.45
15016 Material Waste Removal 6,199.47
15018 Fire System Upgrades 16,580.00
15019 Rehab Equipment 98,918.46
15030 Ext.Bldg.Improvements 685,000.00
15070 int.Bldg.Improvements 21,783.75
15072 Rehab Supplies 49,922.55
15074 Rehab Labor 23,763.00
15075 Rehab Paint 22,964.76
15071 Card Entry Systems 13,600.00
15079 New Equipment 24,170.85
15080 Electrical 25,152.08
15090 Plumbing Rehab 20,829.34
15100 Energy Sysbm/HVAC 19,808.20
15190 Appliance Replacement 26,538.41
15200 Carpet/Floor 18,739.71
15250 Vinyl Flooring 13,044.07
Total Expenses
$ 1.127.93196
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VIP Construction Services. LLC IN V( )1 C
102 19th Street
Beileair Beach, FL (727) 831-0085
SOLD TO:
Saddlebrook Apartments LLc INVOICE NUMBER 0015943
INVOICE DATE Aug 6,2013
OUR ORDER NO.
YOUR ORDER NO.
TERMS
SHIPPED TO: SALES REP
SHIPPED VIA
F.O.B.
PREPAID or COLLECT
Sales Tax Rate:
QUANTITY DESCRIPTION UNIT PIS AMOUNT
Architectural Design&Review $885,000.00
Remove&Repiace All Water Damaged Micro Lambs& •
Stair Well Connections Throughout Entire Complex
Paint&Water Seal Exterior Throughout Entire Complex
N FULL
PAID
SUBTOTAL $685,000.00
TAX
FREIGHT
$685,000.00
DIRECT ALL INQUIRIES TO: MAKE ALL CHECKS PAYABLE TO: PAY THIS
Rowdy Thorsen V Power MotorSports,Inc. AMOUNT
(727)831-0086 Attn:Accounts Receivable
email: vpowermc®gmail.com 102 19th Street
Beileair Beach,FL 33786
THANK YOU FOR YOUR BUSINESS!
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