Agenda 06/22/2010 Item #16A18
Agenda Item No. 16A18
June 22, 2010
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to accept a proposed settlement providing for Partial Release of Lien in
the Code Enforcement Action entitled Collier County vs. Heriberto and Antonio Perez,
Code Enforcement Board Case No. CESD20080000222, for payment of $5,000, to release
property known as ]23 ]st Street (parcel ID 772]0720006), Collier County, Florida.
(Revenue received $5,000).
OBJECTIVE: That the Board of County Commissioners ("Board") accept a proposed
settlement of $5,000 from Freddie Mac, owner by foreclosure, to partially release a code
enforcement lien encumbering 123 1 sl Street.
CONSIDERATIONS: As a result of code violations (unpermitted improvements) at 5384
Carolina Avenue, the Code Enforcement Board ordered the imposition of a lien ("Lien") against
the owner, Heriberto and Antonio Perez, in Code Enforcement Board Case No.
CESD20080000222. The Lien was recorded in the Official Public Records on December 2,
2008 at OR Book 4410, Page 3220, et seq., and the Lien encumbers all real and personal
property owned by Heriberto and Antonio Perez. The underlying violation at 5384 Carolina
Avenue has not been abated.
Wells Fargo, representing the first mortgagee on the loan at 123 I sl Street, has filed a foreclosure
suit to acquire title to this property. As a result of its Lien interest, the County filed a
counterclaim, asserting the Lien. The bank's representatives are looking to clear title as part of
their acquisition, and are looking to have the County dismissed from the foreclosure suit, which
is ongoing.
Bank United has offered a settlement amount of $5,000 to release the Lien as to 123 1" Street
only. There are no code violations on this property. If the Board accepts this settlement amount,
any remaining properties owned by Heriberto and Antonio Perez would have a remaining lien
balance of$I17,363.18.
This settlement offer was received prior to the Board approval of Resolution 2010-101 (the
updated code enforcement collections resolution).
FISCAL IMPACT: Wells Fargo has provided payment of $5,000, representing the proposed
settlement amount, as a good faith commitment to this proposed settlement and this payment is
currently being held by the Code Enforcement Department pending acceptance by the Board.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action.-JW
.~
Agenda Item No, 16A18
June 22. 2010
Page 2 of 4
RECOMMENDATION: That the Board of County Commissioners accept the proposed
settlement offer of $5,000 from Wells Fargo, as described herein, and authorize the Chairman to
sign the attached Partial Release of Lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department,
Growth Management Division, Planning and Regulation
A TT ACHMENT: 1) Partial Release of Lien
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A18
June 22. 2010
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A18
Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement
Action entltled Board of County Commissioners vs Heriberto and Antonio Perez, Code
Enforcement Board Case No. CESD20080000222, relating to property located at 5384 Carolina
Avenue, Collier County, Florida.
6/22/20109:00:00 AM
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager ~ Code Enforcement Operations
Date
Code Enforcement
6/10/2010 10:26:40 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney
6/10/2010 11 :02 AM
Approved By
Jeff Klatzkow
County Attorney
Date
6/10/201011:41 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
6/10/20101:47 PM
Approved By
NiCk Casalanguida
Transportation Division
Director ~ Transportation Planning
Date
Transportation Planning
6/10/20101 :57 PM
Approved By
Diane B. Fiagg
Community Development &
Environmental Services
Director ~ Code Enforcement
Date
Code Enforcement
6/10/20104:04 PM
Approved By
Norm E. Feder, AICP
Transportation Division
Administrator. Transportation
Date
Approved By
Transportation Administration
6/10/20104:25 PM
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
6/11/2010 9:04 AM
Approved By
Michael Sheffield
Assistant to the County Manager
Date
County Managers Office
6/11/20101:45 PM
This Instrument Prepared By:
Jeff E. Wright ,Assistant County Attorney
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 34112
(239) 252-8400
Agenda Item No, 16A 18
June 22. 2010
Page 4 of4
PARTIAL 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:
Heriberto and Antonio Perez, Respondents
The lien was recorded on 12/2/2008 in Official Records Book 4410, Pages 3220-3221,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of fifteen thousand three hundred sixty-eight dollars and eighteen cents, plus
accrued interest and penalties, if any, and imposes certain Dbligations against all real
and personal property owned by Respondents and situated in Collier County, Florida.
This releasing instrument operates to release only the following property from the lien:
LOT 13, BLOCK 2, TRAIL ACRES UNIT 1, ACCORDI NG TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 3, PAGES 5 AND 50, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA
with a street address of 123 1 st Street, Collier County, Florida
Folio No. 77210720006
Collier County, a political subdivision of the State of Florida, by execution of this Partial
Release and Satisfaction of Lien, acknowledges payment as satisfaction of the lien with
respect to the above property only, and hereby cancels the lien in relation to said
property.
The Clerk of the Circuit Court is hereby directed to record this Partial Release and
Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that
the lien ceases to exist as to the abDve described property only; the lien shall remain in
full force and effect with respect to all other real and persDnal property owned by
Respondents.
IN WITNESS WHEREOF. the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this Partial
Release and Satisfaction of Lien, by action of the Board on this day of
,2010.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency
v
Jeff E. Wright
Assistant County Attorney