Agenda 10/26/2010 Item #16A 3Agenda Item No. 16A3
October 26, 2010
EXECUTIVE SUMMARY Page 1 of 3
Recommendation to approve the partial release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Ted Zhi Luo, Code
Enforcement Board Case No. 2007 -100, relating to property located at 11580
Riggs Road, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners ( "BCC ") accept a proposed
settlement agreement in the amount of $800 from Wells Fargo Bank, N.A., owner by
foreclosure, to partially release a code enforcement lien encumbering 11580 Riggs
Road.
CONSIDERATIONS: As a result of code violations at 5401 Mahogany Ridge Drive, the
Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner,
Ted Zhi Luo ( "Luo "), in Code Enforcement Board Case No. 2007 -100. The Lien was
recorded in the Official Public Records on January 31, 2008, at OR Book 4325, Page
2981, et seq., and the Lien encumbers all real and personal property owned by Luo.
On April 14, 2010, Wells Fargo Bank, N.A., obtained title, through foreclosure, to
property known as 11580 Riggs Road, which was also owned by Luo.
The bank has offered a settlement amount of $800 to partially release the lien, with
respect to 11580 Riggs Road only. There are no code violations on this property. If the
BCC accepts this settlement amount the remaining properties owned by Luo would
have a remaining lien amount of $201,600.
FISCAL IMPACT: Wells Fargo Bank N.A., has provided payment of $800, 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 BCC. This amount is greater than the County's
actual costs in this matter.
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
RECOMMENDATION: That the Board of County Commissioners accept the proposed
settlement offer of $800 from Wells Fargo Bank, N.A., 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.
ATTACHMENTS: 1) Partial Release of Lien
Agenda Item No. 16A3
October 26, 2010
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A3
Item Summary:
Recommendation to approve the partial release of lien in the Code Enforcement Action entitled
Board of County Commissioners vs. Ted Zhi Luo,
Code Enforcement Board Case No. 2007 -100,
relating to property located at 11580 Riggs Road,
Collier County, Florida.
Meeting Date:
10/26/2010 9:00:00 AM
Prepared By
Marlene Serrano
Manager - Code Enforcement Operations
Date
Community Development &
Environmental Services
Code Enforcement
1014/2010 4:20:20 PM
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
10/5/2010 1:24 PM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
10/512010 5:08 PM
Approved By
Diane B. Flagg
Director - Code Enforcement
Date
Community Development &
Environmental Services
Code Enforcement
101512010 6:37 PM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
101812010 1:45 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
10/12/2010 12:59 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/1412010 12:09 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Office of Management &
Budget
Office of Management & Budget
10/15/2010 12:28 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
10/16/2010 2:55 PM
Agenda Item No. 16A3
This Instrument Prepared By: October 26, 2010
Jeff E. Wright , Assistant County Attorney Page 3 of 3
Collier County Attorney's Office
3001 E. Tamiami Trail
Naples, FL 34112
(239) 252 -8400
PARTIAL RELEASE 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:
Ted Zhi Luo, Respondent
The lien was recorded on 1/31/2008 in Official Records Book 4325, Pages 2981 -82, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of six thousand four hundred dollars, plus accrued interest and penalties, if any, and
imposes certain obligations against all real and personal property owned by Respondent
and situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Partial
Release of Lien, acknowledges partial payment and hereby cancels and releases the
lien in relation to the following property only.
11580 Riggs Road, Collier County, Florida
Folio No. 00762160000
The Board of County Commissioners hereby acknowledges that the lien ceases to exist
as to the above described property only, and that the lien shall remain in full force and
effect with respect to all other real and personal property owned by Respondent.
IN WITNESS WHEREOF, the Board
Florida, acting through its Chairman
Release of Lien, by action of
, 2010.
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
of County Commissioners of Collier County,
directs execution and recording of this Partial
the Board on this day of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legal sufficiency
Jeff right
Assis t County Attorney
By:
Fred W. Coyle, Chairman