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Agenda 07/08/2014 Item #16A177/8/2014 16.A.17. EXECUTIVE SUMMARY Recommendation to approve seven releases of code enforcement liens with a combined accrued value of $138,238.19 for payment of $4,188.19, in the code enforcement actions entitled Board of County Commissioners v. Judith Harbrecht Hill and William P. Hill, Trustees, in Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND CEPM20120017192, relating to property located at 451 Torrey Pines Point, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release seven code enforcement liens with a combined accrued value of $138,238.19, for payment of $4,188.19, in relation to Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 and CEPM20120017192. CONSIDERATIONS: As a result of various code violations at 451 Torrey Pines Point, consisting of rotted gutter boards, an electric light pole in disrepair, a vehicle with an expired tag, grass and weeds in excess of 18 inches, and repeated violations for an unmaintained pool, the Special Magistrate ordered the imposition of liens against Judith Harbrecht Hill and William P. Hill, Trustees, as follows (in chronological order based on lien recording date): The lien in Case No. CEPM20100008282 was recorded in the Official Public Records on August 19, 2011, at O.R. Book 4712, Page 439 ( unmaintained swimming pool). The lien amount of $984.93 consists of $112.73 in operational costs and $872.20 in abatement costs. The County brought the property into compliance on January 11, 2011. The lien in Case No. CEPM20110004402 was recorded in the Official Public Records on October 19, 2011, at O.R. Book 4728, Page 1889 (rotted gutter board). The lien amount of $3,312.64 is based on 32 days of accrued fines ($100 per day from September 6, 2011 through October 7, 2011), plus $112.64 in operational costs. This violation has not been abated and therefore continues to accrue fines. The lien in Case No. CEPM20110011182 was recorded in the Official Public Records on March 21, 2012, at O.R. Book 4776, Page 3206 (unmaintained swimming pool). The lien amount of $34,078.06 is based on 33 days of accrued fines ($1,000 per day from December 10, 2011 through January H, 2012), plus $112.56 in operational costs and $965.50 in abatement costs. The County brought the property into compliance as of January 11, 2012. The lien in Case No. CEPM20120000872 was recorded in the Official Public Records on June 7, 2012, at O.R. Book 4804, Page 2613 (electric light pole in disrepair). The lien amount of $69,612.47 is based on 278 days of accrued fines ($250 per day from April 21, 2012 through January 23, 2013), plus $112.47 in operational costs. Compliance was confinned on January 23, 2013. Packet Page -569- 7/8/2014 16.A.17 The lien in Case No. CEV20120000968 was recorded in the Official Public Records on August 20, 2012, at O.R. Book 4827, Page 2106 (vehicle with expired license tag). The lien amount of $112.47 represents operational costs only. The property was in compliance as of April 16, 2012. The lien in Case No. CENA20120009734 was recorded in the Official Public Records on November 16, 2012, at O.R. Book 4855, Page 2535 (weeds and grass in excess of 18 inches). The lien amount of $1,442.56 is based on 26 days of accrued fines ($50 per day from August 11, 2012 through September 5, 2012), plus $112.56 in operational costs, and $30.00 in abatement costs. The County brought this property into compliance on September 5, 2012. The lien in Case No. CEPM20120017192 was recorded in the Official Public Records on April 23, 2013, at O.R. Book 4912, Page 135 (unmaintained swimming pool). The lien amount of $28,695.06 is based on 55 days of accrued fines ($500 per day from December 15, 2012 through February 7, 2013), plus $112.56 in operational costs and $1,082.50 in abatement costs. The County brought this property into compliance on February 7, 2013. Judith Harbrecht Hill and William P. Hill, Trustees, owned this property throughout these periods. Following a foreclosure (Case No. 2013 -CA- 2332), wherein the final judgment order foreclosed the County's Code Enforcement lien interests, a Court ordered sale took place that left a sizable amount of excess funds after the Plaintiff was paid off. The County filed a claim against the excess funds for the Code Enforcement liens. The former property owner hired an attorney and filed a motion to vacate the sale, and re- instate the foreclosure case. That motion remains pending and undetermined at this time. The Plaintiff, the former title holder, the purchaser at the foreclosure sale and the County entered into settlement negotiations to avoid lengthy and prolonged further litigation. Pursuant to those settlement negotiations, a written Settlement Agreement was produced. That Settlement Agreement is attached hereto. Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when 1) the fines /lien is fixed and no longer accruing, 2) the violation(s) have been or will be abated or corrected, 3) the history of violations of the new purchaser, 4) the new title holder will correct all violations within thirty days of the date the Settlement Agreement is signed, 5) the amount recovered is equal to or exceeds the costs and expenses of the County. Pursuant to the Mutual General Release and Settlement Agreement, the County will receive $4,188.19 which represents accrued fines, operational costs and abatement costs. The owner is requesting a waiver of $134,050 in accrued fines. FISCAL IMPACT: Payment of $4,188.19 has been made, representing $450.00 in accrued fines, $787.99 in operational costs and $2,950.20 in abatement costs. If approved by the Board, accrued fines in the amount of $134,050 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -570- 7/8/2014 16.A.17 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 of County Commissioners waives accrued fines in the amount of $134,050, accepts payment of $4,188.19, releases the liens, and authorizes the Chairman to sign the attached lien releases 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 satisfactions of liens 2) Orders imposing liens 3) Mutual General Release and Settlement Agreement Packet Page -571- 7/8/2014 16.A.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.17. Item Summary: Recommendation to approve seven releases of code enforcement liens with a combined accrued value of $138,238.19 for payment of $4,188.19, in the code enforcement actions entitled Board of County Commissioners v. Judith Harbrecht Hill and William P. Hill, Trustees, in Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND CEPM20120017192, relating to property located at 451 Torrey Pines Point, Collier County, Florida. Meeting Date: 7/8/2014 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforcement 6/12/2014 5:13:38 PM Approved By Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 6/17/2014 3:42:12 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 6/17/2014 3:48:41 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/17/2014 4:00:25 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 6/17/2014 4:20:28 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -572- Date: 6/26/2014 3:34:30 PM 7/8/2014 16.A.17. Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/27/2014 10:36:20 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/30/2014 8:14:13 PM Packet Page -573- 7/8/2014 16.A.17 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: Judith Harbrecht Hill TR and William P.Hill TR UTD 10/8/96 Respondents The lien was recorded on August 19, 2011, in Official Records Book 4712, Page 439, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of nine hundred eighty -four dollars and ninety -three cents ($984.93), 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality . 2��r_ Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -574- Tom Henning, Chairman 7/8/2014 16.A.17. 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: Judith Harbrecht Hill TR and William P.Hill TR UTD 10/8/96 Respondents The lien was recorded on October 19, 2011, in Official Records Book 4728, Page 1889, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of three thousand three hundred twelve dollars and sixty -four cents ($3,312.64), 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Packet Page -575- 7/8/2014 16.A.17. 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: Judith Harbrecht Hill TR and William P.Hill TR UTD 10/8/96 Respondents The lien was recorded on March 21, 2012, in Official Records Book 4776, Page 3206, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty -four thousand seventy -eight dollars and six cents ($34,078.06), 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -576- Tom Henning, Chairman 7/8/2014 16.A.17. 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: Judith Harbrecht Hill TR and William P.Hill TR UTD 10/8/96 Respondents The lien was recorded on June 7, 2012, in Official Records Book 4804, Page 2613, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of seven thousand one hundred twelve dollars and forty -seven cents ($7,112.47), 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 DWIGHT E. BROCK, Clerk 0 Deputy Clerk Approved as to form and legality -2 ��/ 4 15 5 �/' - Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Packet Page -577- 7/8/2014 16.A.17 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: Judith Harbrecht Hill TR and William P.Hill TR UTD 10/8/96 Respondents The lien was recorded on August 20, 2012, in Official Records Book 4827, Page 2106, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one hundred twelve dollars and forty -seven cents ($112.47), 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -578- Tom Henning, Chairman 7/8/2014 16.A.17. 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: Judith Harbrecht Hill TR and William P.Hill TR UTD 10/8/96 Respondents The lien was recorded on November 16, 2012, in Official Records Book 4855, Page 2535, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of one thousand four hundred forty -two dollars and fifty -six cents ($1,442.56), 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Chairman Packet Page -579- 7/8/2014 16.A.17. 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: Judith Harbrecht Hill TR and William P.Hill TR UTD 10/8/96 Respondents The lien was recorded on April 23, 2013, in Official Records Book 4912, Page 135, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty -eight thousand six hundred ninety -five dollars and six cents ($28,695.06), 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 DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality Kevin Noell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Packet Page -580- Tom Henning, Chairman INSTR 4598422 OR 4712 PG 439 RECORDED 8/19/2411 3:48 PM PAGES 3 DWIGHT E. SROCK. CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 527.00 COLLIER COUNTY CODE )E';NFORCEN1ENT SPECIAL MAGISTRATE Casc No. — CEPM20100008282 r BOARD OF COUNTY CONAIISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, �x. JUDITH HARBRECHT HILL TR AND NYILLIA:1i P. HILL TR UTD 10/8/96 7/8/2014 16.A.17 Respondents. F' ORDER O SPECTXT MAGISTRATE �-y-- THIS CAUSE came b ;fore tthe„�pecta�l mrial`strate ,C pt lis hearing upon the Petitioner's Motion for Imposition of Fineg�Uvns -=ran Ali 5;- -811, *'V4 -'Ahe -Special Magistrate, ha -.ping heard argument respective to all appropriate matters, hereupoiv issues its Findings of Fact and Order of the Special Magistrate. as follows. FFDINGS OF FAC� L On October 15, 2010, Respondent' h?' �zld �+ittq of violation of Collier County Cade of Laws and Ordinances, Chapter 22, .ATticle VI Section 22- 231(15), for a private dwelling swimming pool that has been improperly maintained so as to create a safety hazard or harbor insect infestation. Water has been allow =ed to stagnate and become polluted with green algae, which violation occurred on the property located at 451 Torrey Pines Point, Naples, FL Folio 55402400004 (Legal Description: LELY COUNTRY CLUB TORREY Pr ES LOT 60). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 22,. 2010, or a fine of 5250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Girder is recorded at OR 461-1 , PG 2545). Operational casts of 5112.73 incurred by the County in the prosecution of this case were ordered to be paid. Respondent, haying been duly noticed for the public hearing regarding the Countti's Motion. appeared at the public hearing and presented mitigating circumstances affecting compliance, though no legal defense to the Motion was presented. No Request for Re- hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. Packet Page -581- OR 4712 PG 440 7/8/2014 16.A.17. 6. Ric violation has been abated as of ianuary 11, 2011. 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: A. Petitioner's Motion for Imposition of Fines/Liens is granted. S. Respondent shall pay the previously assessed operational costs of S112.73. C. Respondent shall pay the costs of abatement incurred by the county in the amount of $872.20. D. Based on the mitigating circumstances presented by Respondent, no accrued fines are imposed. E. Respondent is ordered to paw- citxesSts� t�teCto tRiowtt of S994.93 or be subject to ?notice of Assessment of Lien against a fjg cities owned" -R= slitritdent in Collier County, Florida. DONE AND ORDERED this& x oi-- ll I t Collier County, Florida. - COU5MR �fi'T'YXODE EN O FRCERZENT SPECIAA� IMAGI$�RATE 't B NDA C-. TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,. 2800 North Horseshoe drive, Naples, FL 34104, . fax r (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 Magistratc to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing do noio, 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 Judith Harbrecht Hill TR and William P. Hill TR, LTD 10'8.96 Collier Co. Code Enforcement Dept. Packet Page -582- * ** OR 4712 PG 441 * ** ..N STN Gt % 0 ;Kl&)A HERE N iaERTIiY T40.tfii.`J-`$.�t189f1t� *cst�ca t GDGUrp�fn� ID teytt:. �;srd t�iYn��Scr$'fte: tea of Maier County rY )ty 'Fi7 E. SRQe aR QF URi'S Packet Page -583- 7/8/2014 16.A.17. 7/8/2014 16.A.17. INSTR 4617441 OR 4728 PG 1899 RECORDED 10/19/2011 9:13 Am PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 318.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. –CEPM20110004402 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. JUDITH HARBRECHT HILL TRAIND WILLIAM P. HILL TR UTD 1018196, Respondents. --: Ztv THIS CAUSE came befg-m the Spc i;ial Mam PP or bfic hearing upon the Petitioner's Motion for Imposition of FincsvL�eas'�+rr" ` rand f he5p —Magistraie. having hoard argument respective to all appropmialLe matters, her=eupon isf yes its Fi ings of Fact and Order of the Special Magistrate, as follows: no'INGS OF FACE violation of Collier County Code of Laws On August 5, 2011, Respondents we and Ordinances. Chapter 22 Building and Building Regulations, Article VI Properly Maintenance Code. Section 2–)-231(12)(b) and (c) for the right side of the house near the front that has a rotted out area in the gutter board and surrounding area that is between 2 and 3 feet in lenath allowing access directly into the attic, which violation occurred on the property located at 451 Torrey Pines Point, Naples, FL Folio #55402400004 (Legal Description; LELY COUNTRY CI.UB TORREY PINES LOT 60 ). 2, An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before September S.-2011, or a fine of $100.00 per day would be asscssed for each day the violations continue flicrcafter until abatcatent is conruTricd. (A copy of the Order is rccordcd at OR 4712. PG 427). 3. Operational costs of S1 12.64 incurred by the County in the pros=tion of this case were ordered to be paid. 4. Respondents, having been duly, noticed for the public hearing regarding the CountN *sMotion, 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 07-44 has been timely filed. Packet Page -584- 7/8/2014 16.A.17. * ** OR 4728 PG 1890 * ** 6. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Pact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED, A. Petitioner's Motion for Imposition of Fines /Liens is granted. B. Daily fines of S 1 00.00 per day are assessed against Respondents for 32 days for the period from September 6. 2011 to October 7, 2011 for a total amount of fines of S3.200.00. C. Respondents shall pay the previously assessed operational costs of S 112.64. D. Respondents are ordered to pay fines and costs in the total amount of i. �i2.E►4 arbe subject to Notice of Assessment of Lien against all ' _owned by Respondent in Collier County, Florida. r' E. T`he daily fine of S 100.00 sh4 continue to accrue until' t has been confirmed by a Collier County Code Enforcement InycbtigataF. f ,rlf W DONE &ND ORDERED this Y of . - 011 at Collier Count}, Florida. 2ounry of COLDER w I HERE? bEaY I1:7 't.r+P► ';}n3 K a ±ve Silt! COLLIER bot.IA'T'� CODE ENFORCEMENT :orrert,�oa ,ora�cun ex �nn fits in �, r, w _ SPECIA1,k4GISTRATE Soar'' JKsintlfes'aneli 'RL-brZs-ot Collier County .. _ �jtcrw,�5'+riv rt 10, riQ bgici i seal this -3 GHT. ? l4; r K 0 �— B NDA C. GA4URZtSON, PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, Fl. 34104, fax (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 rye nor o. 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 Court. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc. Respondent - Judith Ilarbrecht Hill TR and William P. Hill TR, UTD 10!8!96 Collier Co. Code Enforcement Dept. Packet Page -585- 7/8/2014 16.A.17 INSTR 4671244 OR 4776 PG 3206 RECORDED 3/21/2012 9:46 AM PAGES 3 DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 527.00 COLLIER CQUNIX ODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -CEPM20110011182 -1 BOARD OF COUNTY COWUSSIONVERS COLLIER COUNTY, FLORIDA, Petitioner, 101. JUDITH IIARBRECIIT HILL TR AND NVILLIAA1 P. HILL TP, Respondent. THIS CAUSE came befr. ' zha5j*cia� Nsosltr� for �ublic hmring upon the Petitioner's Motion for Imposition of Fineilk�r-a' ait�-, 2=; d tli� S agistrate, ha%ing heard argument respective to all appr6pe air matters, hereupon iOV= its Fi4pgs of Fact and Order of the Special Magistrate, as follows: TNGS OF 1. On December 2, 2011, Respondent wziA4ad-�iiiy­of Niolation of Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code, Section' 22-23)(15) and (12)(n) for a rcpmt violation of a Swimming pool with green stagnant water. Also, door latch on pool screen enclosure door is in a state of disrepair and pool enclosure is not secure, which Niolmion occurred or the property located at 451 Torrey. Pines Point, Naples, FL Folio #`55402400004 (Legal D=riTrion: LELY COLJN7R4' CLUB TORREY PINES LOT 60). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 9, 2011, or z fine of 5500.00 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 4745, PG 3256). 3. Ope-mional costs of S 112.56 incurred by the County in the prosecution of this case w= ordered to be paid. 4. Respondent, liming 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-hezring or Appeal pursuant to Ordinance 2010-04 has been timely filed. Packet Page -586- oR 4776 Po 3207 The violation has been abated as ofJanuary 11, 2012. 7/8/2014 16.A.17. Based upon the foregoing Findings of Fact, 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. Part B of the Order. Daily fines of S500.00 per day are assessed against Respondent for 33 days for the period from December 10, 2011 to January 11, 2012, for a total amount of fines of S16,500.00. C. Part C of the Order. Daily Imes of 5500.00 per day are assessed against Respondent for 33 days for the period from December 10.20111 -tq- January. 1, 2012, for a total amount of fines of S 16,500.00. D. Respondent shall pay the pretd7ously assessed op eratiorialcosts of Sl I2.56. E. Respondent shall pay the costs ofatfattrnenUncutted, by the county in the amount of $965.50. F. Respondent is ordered to pity i nes and costs in to atuvunt of 534.078.06 or be subject to titoticc of Assessment oiLien aganxt all' rvpertes ownedbyspandent in Collier County, Florida. -- w DONE AND ORDERED this day of `, 7012-4-1, Collier County, Florida. COLLIER-ICQUNff CODE ENFORCEME'.4' T r �>f�MAGISTRATE "ru �WAV "! PAYMEN r OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 1.800 North Horseshoe Drive, Naples, FL 34104, fax (239)') 52-2343. 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 exc'cution of the Order appealed. An appeal shall not be a hearing de noi+v, but shall be limited to appellate review of the record created within the original hearing. It is the resporsibility of thc- 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. c:: Respondent - Judith Harbseeht Hill Tr and William P. Hill fir -- Collier Co. Code Enforcement Dept. r"".... i ♦ _ r Packet Page -587- * ** OR 4776 PG 3208 * ** 7/8/2014 16.A.17. j' 01 -, w� 3 £L arty at FtJ:RIUA �ourm of COLUER I HEREBY CERTIFY THAT M M • *WOW Wma copy of s aocumert on AI! to Board MtmttU and R,eAM of Cop1§r ONO * ,NITPAESS RtY "maw w met � i tlfr.r r ?t? t► ad hta Packet Page -588- 7/8/2014 16.A.17 INSTR 4703019 OR 4804 PG 2613 RECORDED 6/7/2012 11:08 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 527.00 COLLIER COUNTY CODE ENFORCENI ENT SPECIAL MAGISTRATE Case No. -CEPI%120120000872 BOARD OF COUNTY CO'MNIISSIONERS COLLIER COUNTY, FLORIDA. Petitioner, VS. JUDITH HARBRECHT HILL TR AND 11ILLIAA1 P. HILL TR, Respondents. ORDER 0—rcrxf- I A G I 9TR A T F THIS CAUSE came bode the,, eCjal X16C[tSirate %for public; hearing upon the Petitioner's Motion 12, IhO -E�pecial Magistrate, having heard ion for Imposition of itudj argument respective to all apprormle matters, poft,issues its-Firtdings, of Fact and Order of the Special Magistrate, as follows: PINDINGS O_ F F 1. On April 6, 2012 Respondent was to iolation of Collier County Code of Laws and Ordinances, Chaptc-. 22 Buildings and Building Regulations, Article VI Propertv Maintenance Code, Section 22-228(1) for an electric light pole at front of property in state of disrepair, which violation occurred on the property located at 451 Torrey Pines Point, Naples, FL Folio '.55402400004 (Legal Description: LELY COUNTRY CLUB TORREY PINES LOT 60), 2. ,%n Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before April 20. 2012. or a fine of S^50.00 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 4789, PG 1668). 3. Operational costs of S 112.47 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 %vas 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. Packet Page -589- DR 4804 PG 2614 ORDER 7/8/2014 16.A.17. Based upon the foregoing Findings of Fact, 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 S250.00 per day arc assessed against Respondent for 28 days for the period from April 21.1012 to May 18, 2012. for a total amount of fines of 57,000.00. C. Respondent shall pay the pre%iously assessed operational costs of SI 12.47. D. Respondent is ordered to pay fines and costs in the total amount of S7,112A7 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The daily fine of 5250.00 shall wrii�ni� ` abatement has been confirmed by a Collier County Code Enforcement 1tttitgator. ,f r DONE AND ORDERED this] ��` << ; Oi t Cattier Count}, Florida. - `'`-- Obt=R COMTXCODE E'4FORCEIMEh? ® SPECIAL MAGISTRATE , 1 DKINDA C. GARRGXS,6N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department. 2800 North Horseshoe Drive, Naples. FL 34104, fax (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the oblientions of this order may also be obtained at this location. APPEAL: Any it! gan 'eved party may appeal a final order of the Special Magistrate to the Circuit Court ,vithin thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nmw. but shall be limited to appellate rc%icw 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 — Judith Harbrccht Hili TR and William P. Hill iR Collier Co. Code Enforcement Dept. Packet Page -590- * ** OR 4804 PG 2615 * ** 7/8/2014 16.A.17. i� "s.. r e� r t V. i HEREBY CERTIFY THAT Vii iii s tmi N* :ortea CODY of a aocument on * is Board Minutes and Recot6 tf toitw Cw* SS my n nd alit - Cay a v �r� 2 ` .7WI HT E. sltoc.t CtEO q' ,Omn Packet Page -591- 7/8/2014 16.A.17. INSTR 4730120 OR 4827 PG 2106 RECORDED 8/20/2012 10:09 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC S18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -CEV20120000968 J BOARD OF COUNTY COINIATISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, Vs. JUDITH HARBRECTIT HILL TR AND MVILLIAM P. HILL TR, Respondent. ORDER Of-"U. SP--ETI`M 1�11AGIaMTE THIS CAUSE came baf" 0 ,�piciilMagfstrnie'fot public hearing upon the Petitioner's .17 1 Motion for Imposition of Fin'qsaAdns-6n �k�l , 2_12, ivti�heZp ccial 4agistrate, having heard argument respective to all appropriate matters, hereup,6iq,lissues its,fru,dings of Fact and Order of the Special Magistrate, as follows: ,,FINDINGS OF FACt\,, 1. On April 6, 2012. Respondent was - lation of Collier County Code of Laws and Ordinances, Chapter 130. Article Ill. Section 130-95 for a red car in the driveway with an expired license tag, which violation occurred on the property located at 451 Torrey Pines Point, Naples, FL Folio r"55402400004 (Legal Description: LELY COUNTRY CLUB TORREY PINES LOT 60). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before April 13, 2012 or a fine of 550.00 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 4789, PG 1333). 3, Operational costs of S112.47 incurred by the County in the prosecution of this case were ordered 10 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 Rc-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 6. The violation has been abated as of April 16, 2012. Packet Page -592- * ** OR 4827 PG 2107 * ** ORDER 7/8/2014 16.A.17. Based upon the foregoing Findings of Fact, 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 Fincs'Liens is granted. B. Respondent shall pay the previously assessed operational costs of 5112.47. C. Respondent is ordered to pay costs in the total amount of 5112.47 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. i DONE AND ORDERED this day of 2012 at Collier County, Florida. " .CtJ :` COLL?Eit fPTAIN CODE ENFORCEMENT SPECIAL 14IACISTRATE ENiX� C. GAR]ftETSON . PAYMENT OF FINES: Acv,Erxi-ertiered to be p *d- Vuquant to this order may be paid at the Collier County Code Enforcement Depsrtttky-j-73 "VIA'Horseshoe Drive, Naples, FL 34104, fax (239) 252 -2343. Any release of lien or con6rrnatioaoteoriipliance or confirmation of the satisfaction of the obligations ofthis 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 nog o. 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 — Judith Harbrecht Iiitl TF, and William P. Hill TR Collier Co, Code Enforcement Dept. _ -- -- -� siit�t Q f'tssRtiiA .. .. � �vy�� ;ounty of COUAlt t HEREBY CERT1Ft THAT" auger copy or a occurnem ottv.i4i '!fir C=*.. 3oard Minutes ana Reearos o1 %! _ try V h ,,- :)WIGHT E MCA" (19% OF OMMM = t Packet Page -593- 7/8/2014 16.A.17. INSTR 4763479 OR 4855 PG 2535 RECORDED 11/16/2012 1:18 PM PAGES 2 DWIGHT E. BROCK. CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 COLLIER COUNTY CODE ENF+ORCEMEW SPECIAL MAGISTRATE Case No. — CENA20120009734 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. JUDITH HARBRECHT HILL TR AND 1bTLLIAM P. HILL TR, Respondents. ORUE11 F THE SPECIAL MA' Gf STRATE I K4POSTN OEIN FSQ, I F.N S, THIS CAUSE came bef*_%k75 'f(tr sU6tic. hearing upon the Petitioner's Motion for Imposition of FineslLiens on 4o cri 2,q}f t2�an& tic Special Magistrate, having heard argument respective to all apprept%at1,_M2 te!,,'J ipon issues !its F4udings of Fact and Order of the ._ Special Magistrate, as follows:', s ' FINDINGS OF F!£CT r 1. On August 3, 2012, Responatualta�- P t of i ion of Collier County Code of Laws and Ordinances, Chapter 54, Articiclt ectiov' 1$Ra) for weeds and grass in excess of IS inches in height, which violation occu en Ilse p "mperty located at 451 Torrey Pines Point, Naples, FL Folio #55402400004 (Legal Description: LELY COUNTRY CLLR TORREY PINES LOT 60). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 10, 2012, or a fine of $50.00 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 4527, PG 3526). 3. Operational costs of S112.56 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 net 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 been abated as of September 5, 2012. Packet Page -594- * ** OR 4855 PG 2536 t.. 7/8/2014 16.A.17. Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 201 M4, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of $50.00 per day are assessed against Respondent for 26 days for the period from August 11, 2012 to September 5, 2012, for a total amount of fines of 51,300.00. C. Respondent shall pay the previously assessed operational costs of 5112.56. D. Respondent shall pay the costs of abatement incurred by the county in the amount of 530.00. E. Respondent is ordered to pay fines and costs in the total amount of 51,44256 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. BONE AND ORDERED this , ,,sy of 1 icZ1i , 2di ask Collier County, Florida. �'' CODE E'FORCEhCEAtT P]17CL}1t�. STYRATE it C -G ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax 9 (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 norm, but shall he limited to appellate rc%iew of the reword 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 — Judith Harbrecht Hill TR and William P. Hill TR Collier Co. Code Enforcement Dept. mtat" a: t v :nitiA : ounty of COLUL11 li c flS CE"4*M' '.'TCi•1A this is p trIM and ;o s "v'ai_3 :7�tr._cisrtstm on file to ana- Aeeoros of Co;tler Courtp - ,...,W,.. f;IT � rriv':hana'grt ,atfl °Mal seat this ��ey o� i� •_... %'ICNT c',' BRAL.kXLERK OF COUM Packet Page -595- 7/8/2014 16.A.17. IN5TR 4829347 OR 4912 PG 135 RECORDED 4/23/2013 6 :09 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT. COLLIER COUNTY FLORIDA REC 527.00 COLLIER COUNTY CODE ENFORCENIENT SPECIAL NIAGISTRATE Case No. — CEPbi20120017192 BOARD OF COUNTY COMAIISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, N'S. JUDITH HARBRECHT HILL TR AND WILLIAM P. HILL TR, Respondents. _ ORDER THE SPECIAL AMAQMTgtATE % 4MPOM.NG FiNESiLTENS THIS CAUSE cause befirr blid hearing upon the Petitioner's Motion for Imposition of Funes/Lseas an April fr in3,c Special Magistrate, having heard argument respective to all app_ at ytr�tttrs�,ihe ppn ssst s;tts dings of Fact and Order of the Special Magistrate, as fbllows.. . 4 -. FINI3INGS OFT r 1. On December 7. 2012, Respon ie�nt v as found,'guui ttiNribjation of Collier County Code of Laws and Ordinances, Chapter 22,14A' 4 a �d'E' "�"Avgulations. Article VI. Property Maintenance Cade, Section 22 -231 �olation of an unmaintaincd pool, which violation occurred on the property located at 451 Torrey Pines Point, Naples, FL Folio X55402400004 (Legal Description: LELY COUNTRY CLUB TORREY PITIES LOT 60). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 14, 2012, or a fine of 5500.00 per day mould be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4868, PG 1954). 3. Operational costs of 5112.56 incurred by the County in the prosecution of this case have not been 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 20I0-04 has been timely filed. 6. The violation has been abated as of February 7, 2013. Packet Page -596- oR 4912 PG 136 7/8/2014 16.A.17. Based upon the foregoing Findings of Fact, 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 5500.00 per day are assessed against Respondent for 55 days for the period from December 15, 2012 to February 7, 2013, for a total amount of fines of 527,500.00. C. Respondent shall pay the previously assessed operational costs of S112.56. D. Respondent shall pay the costs of abatement incurTed by the county in the amount of 51,082.50. E. Respondent is ordered to pay fines and costs in the total amount of S28,695.06 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida — -- --- - "- — -- J/1 DONE AND ORDERED 2013 at'Collier County, Florida. J 7'' tCOL CGt$TY CODE ENFORCEMENT !SE'>r�77CVMf OjIST&ATE '1 .G AMETSON PAYNIEN"r OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax 4 (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 Judith Harbrecht Hill TR and William P. Hill TR Collier Co. Code Enforcement Dept. Packet Page -597- 7/8/2014 16.A.17. - -_ MU TUAL GENERAL. RELEASE AND UM--E—M-1E?ffAqRKPMNT This Mutual General Release and Settlement Agreement ("Agreement") is given to and by Lely Country Club Property Owners Association, Inc. (hewinalftt the "Association"); Judith Harbreebt Hill, individually and as Trustee of the Judith. Hairbrecht Hall Revocable Trust Number One dated October 8, 1996 (hereinapoer "J.. Hill"); waiiam P. Hill, individually and as Trustee of the William P. Hill Living Trust dated May 1, 1997 (hereinafter "W. Hilr% Board of County Commissioners, Collier County, Florida (hereinafter the "County"); and Jotcar, Inc. and Mobutu investments LLC 30/50 (collectively hereinafter the "Successful Bidderel; WHEREAS, a dispute has arisen between the Association and Judith Harbrecht Hilt and William P. Hill relating to the nonpayment of assessments, fees and casts owed by Judith Hsrbrecht Hill to the Association in connection with Judith Harbrecht FMI and William P. M$s ownership of the property located at 451 Torrey Pines Point, Naples, Florida 34113 (the "Property" }; WHEREAS, dine to alleged Collier County Code violations, Board of County Commissioners, Collier County, Florida is a party to this action; WHEREAS, the Association filed a foreclosure action with the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Case No. 13- CA-002332, to foreclose its Claim of Lien for unpaid assessments, fees atnd costs (hereine$er the "Pending Action "}; WHEREAS, a Final Judgment of Foreclosure was entered in the Pending Action on January 6, 2014 *reinafter the "Final Judgment'; WHEREAS, a foreclosure sale was conducted on February 3, 2414 and the Property was purchased by the Successff Bidders, and a Certificate of Sale was issued to the Successful Bidders on February 4, 2014; - - - - -_ - _ - - - - -- WHEREAS,- J.- M- fiiled_an_Ol jecdon to Certificate of Sale and Motion to Vacate and Set Aside Foreclosure Sale (hereinafter her "Objection") on February 13, 2014, before the Certificate of Title was issued to the Successful Bidders; WII REAS, J. Hill, W. Hill, and the Association acknowledge that $12,980.50 is owed by L Hill and w. Hill for unpaid assessments and late fees thereupon, fines, costs, and attorneys' fees, and such funds are to be deducted from the surplus funds on deposit with the Collier County Clerk of Court to settle all debts due the Association fisom J. Hill and W. IGU in full; - WHEREAS, J. Iiitll, W. Hill and the County acknowledge that $4,188.19 is owed by J. Hill and W. to for cuwanding Collier County Code violations, and such funds are to be eructed ftm the surplus ftmds on deposit with the Collier County Clerk of Court to settle all curreirt code enforcement liens in full; WHEREAS, 7 Frill, W. Hill, the Association, the County, and the Successful Bidders wish to settle their dispute. Lety Country club V_ Mn sealemant Page 1 of 5 0 aged 69ZL6096Tb Packet Page- 598- '.adJa4U3 F40H WdL�,:Z t Ion e0 unc 7/8/2014 16.A.17 NOW THEREFORE, for good and valuable consideration J. Hill, W. Hill, the Association, the County, and the Successful Bidders agree as follows: 1. The sum of $12, 980.50 shall be disbursed to the Association from the surplus funds currently held by the Collier County Clerk. 2. The sum of $4,188.19 shall be disbursed to the County from the surplus funds currently held by the Collier County Clerk,: 3. Upon its receipt of the Settlement Funds and the Successful Bidders' repair of the conditions on the Property which gave rise to the code enforcement violations and resulting liens by July 31, 2014, the County agrees to record satisfactions of the code enforcement liens on the Property. 4. The Successfiil Bidders agree to abate all violations set forth in the Orders and resultant Liens filed by the County that were set forth in the foreclosure proceedings and set forth in the Claim fled by the Comity with.the Clerk of Courts for the excess fiord, within thirty (30) days from June 30, 2014. The Successful Bidders hereby agree that should they not abate the violations and the abaternent(s) be certified by a County Inspector within. those thirty (30) days, then they will be subject to the same ongoing daily fines and interest as set forth in the liens from the thirty -first (31st) day forward until the abatement(s) are completed. 5. J. Hill will voluntarily dismiss her Objection to the foreclosure sale and to the Certificate of Sale upon execution of this Agreement. 6. W. Hill herein acknowledges and agrees that he, for himself, or heirs, successor, assigns and beneficiaries, hereby waives and Teleases, for all time, any and all objections and defenses that he may have relevant to the Pending Action, including service of process by publication, the Final Judgment, the sale of the Property, the Certificate of Sale, and the title acquired by the Successful Bidders at said foreclosure We and any rights, title or interest in and to the Property. Wiliam -L HillJiereby_agrees -that_ the remaining stylus funds, after the amounts in Paragraphs 1 and 2 above are paid, shall be disbursed one-half (1/2) to J. MU and one -half (1/2) W. Inv _ W. Hill's one -half (IM) of the remaining surplus funds shall be paid directly from the Clerk of Courts to W. Hill. 7. W. loll acknowledges that he does not reside in the Property and that he currently has no personal possessions in the Property. J. Dill shall vacate the Property at or before 5.00 P.M. on June 30, 2014, leaving the Property in broom swept condition, alter which time possession of the property will be transferred from L Hill to the Successful Bidders. If there are any items of personalty in the Premises after J. Hill vacates the Property, J. Hill and W. Hill authorize and permit the Successful Bidders to dispose of said belongings in any manner the Successful Bidders deem appropriate, at their sole and absolute discretion. Should J. Hill fail to vacate the properly on or before said date, Successful Bidder small be entitled to the immediate issuance of a Writ of Possession, and J. bill hereby agrees that she will be personally liable for danUges suffered by the Successful Bidders which is occasioned by J. Hill's continued possession of the property bey 5:00 p nL on June 30, 2014, in the amount of the daily accrual amount of the. prd,s and resultant Liens filed by the County that were set forth in the foreclosure proceedings Ury country crab V. IM semanene meat Page 2 of 5 E aged E92L60961b Packet Page - 599- `.Jdua -4u3 R -40H WdLb =z jjo? 80 unr _ __ _ - - -- - - - -- 7/8/2014 16.A.17. and set forth in the Clain filed by the County with the Clerk of Courts for the excess funds, which sums may be recovered by Successful Bidders from the surplus funds held by the Collier County Clerk from L Hill's portion of the surplus funds, in accordance with Paragraphs 6 and 8 of this Agreement. 8. Upon vacating the Property on of before 5:00 p.m. on Ame 30, 2414, the remaining surplus funds, attar the payments set forth in paragraphs 1 and 2 above, which are held by the Collier County Clerk, will be immediately released one -half (1/2) to J. Hill and one -half (112) to W. Hill, subject to the terms and conditions of Paragraph 7 above. The Association, tine County, and the Successful Bidders hereby agree not to interfere with the distn'bution by the Clerk of Courts of the remaining surplus funds to L IM and W. Hill, pursuant to the terms set forth in. paragraphs 1 through 8 of this Agreement. J. Hill's one-half (ll2) of the remaining surplus funds shall be paid directly from the Clerk of Courts to I. Hill's counsel, the Law Office of Conrad Willkomm, P.A., and shall be disbursed to her through her counsel. W. Hill's one4Wf (1/2) of the remaining surplus finds shall be paid directly from the Clerk of Courts to W. MU. In the event that J. Will fails to comply with Paragraph 7 oithis Agreement, the surplus funds to be paid to W. Full shall not be withheld from distribution to W. If ll. 9. Upon the performance of the promises contained in paragraphs 1 through 8 above, J. Fill, W. Dill, the Assoclatio the County, and the Suaczessfui Bidders, for themselves, and on behalf of their agents, reptcsentatives, heirs, beneficiaries, assigns and successors in intetesk (collectively, the "Releasing Parties") hereby release, waive, acquit, satisfy, and forever discharge each of the other Releasing Parties from any and all claims, counterclaims, demmids, actions, causes of action, suits, affirmative defenses, rights of set-off liabilities, and damages (direct or indirect, consequential, incidental, or punitive) of any kind, whether at law or in equity, in contract or in tort, matured or unmatured, k w m or unknown (collectively, "Claims') that all or any of the Releasing Parties ever had, might have had, or now has, against any of the other Releasing Parties (or any combination of them) in connection with the real property with is the subject of the present litigation. 10. J. Bill, W. Hill, the Association, the County, and the Successful Bidders acknowledge, _. t and warrant-- that are-the-exclusive-owner(s) oftheir eve -claim released-by- this . _ n - � K 3 - _ �, Agreement. The Releasing Parties represent and . covenant they have not assigned any portion of their respective claims against each other to any other person, entity, firm, corporation, or insurer and no other person, entity, firm, or oorporabort has any lien, claim, or interest in any of the respective claims, including say claim or interest that was or might have been asserted in any litigation. 11. In the event of a breach or threatened breach of any of the provisions of this Agreement, is addition to any other remedies available under law, the non -breaching pwty(ies) shall be entitled to an injunction restraining the breaching party from the performance of acts which constitute a breach of this Agreement. The Releasing Parties further agree that the non - breaching party shall be entitled to costs reasonable attorneys' fees. IAY comuy club V. EM settlement Agroaemt Paso 3 of 5 b aged M31,60961 ir Packet Page -600 Jd.aa *4u3 R40H Wdet, s z i7 i oa 80 unr - 7/8/2014 16.A.17. 12. Tr he Releasing Parties agree that this Agreement constitutes and contains the entire agreement between the Releasing Patties concerning the subject matter herein and supersedes any and all prior negotiations, correspondence, and agreements between the Releasing Parties. 13. The Releasing Parties acknowledge and understand that this Agreement, .and the acts done and payme� made hereunder, are entered into and made solely to compromise disputed claims and to avoid the expense of fWther litigation, and shall not Mute, nor be construed as, an admission of liability on the part of any party. 14. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the. validity of the remaining parts, terms, or provisions shall not be -affected thereby and such illegal or invalid part, tern, or provision shall be deemed not to be- a part of this Agreement. 15. The Releasing Parties agree that this Agreement may be executed by original, facsimile, or photocopied signatures and/or in multiple counterparts. all of which when taken together shad constitute but one document. IN WrFNESS WE EREOF, the undersigned have caused this Agreement to be executed on the date(s) shown. Judith Harbrecht ii3ill, individually and as Trustee of the Jndith Harbrut IM Revumbie Trust Number One dated October 8, 1996 Date: William P. Hill, individually and as Trustee of the Williamm P.- Hell- Revocable -Trust Number One dat May 1,1997 N Date: J i Lely Country Club Property Owners Association, Inc By: Printed Name: Its: Date: Pale 4 of $ t* Cmwuy club v. H;u Sd&MM AVroWMt g aged E9Z1,6096 T b Packet Page -6017 - Ad -lalu3 R40H WdBb: a b102 g0 unC 7/8/2014 16.A.17. --- - 12. The Releasing Parties agree that this Agreement constitutes and contains the entire agreement between the Releasing Parties concerning the subject matter herein and supersedes any and all prior negotiations, correspondence, and agreements between the Releasing Parties. 13. The Releasing Parties acknowledge and understand that this Agreement, and the acts done and payments made hereunder, are entered into and made solely to compromise disputed claims . and to avoid the expense of feuiher litigation, and shall not constitute, nor be construed as, an admission of liability on the part of any party. 14. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby and such illegal or invalid part, term, or provision shall be deemed not to be a part of this Agreement. 15. The Releasing Parties agree that this Agreement may be executed by original, facsimile, or photocopied signatures and /or in multiple counterparts, all of which when takeh together shall constitute but one document. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed on the date(s) shown, Judith Harbrecht Hill, individually and as Trustee of the Judith Harbrecht Hill Revocable Trust Number One dated October 8, 1996 Date: William P. Hill, individually and as Trustee of the William P. Hill Revocable Trust Number One dated May 1, 1997 Date: Lely Country Club Prope; inners Association, Inc PruitedIanae:_ Its: ; Date:„ _ l Lely Cauntry Club v. Jill Settlement Agreement Page 4 of 5 Packet Page -602- -- _ 7/8/2014 16.A.17. - Hoard of County CommiWonns, CoIIier County, Florida By: printed Name: Its: Date: Jotcar, Inc. By: Printed Name: Its: Date' Moburn Investments, LLC By: Printed Name: Its: Date: Page 5 of 5 1,* wavy c kb V. to SdWWmadegeaor d 9 aged 69ZL6096 T ir Packet Page - 603 ,Ad Ja4u9 R 40H Wd6b : p ir i oa 60 unr