Agenda 07/28/2009 Item #16A20Agenda Item No. 16A20
July 28, 2009
EXECUTIVE SUMMARY Page 1 of 4
Recommendation to accept a proposed settlement agreement providing for Release and
Satisfaction of Lien in the Code Enforcement Action entitled Collier County v. Empire
Developer's Group, LLC, for payment of County abatement costs in related Code
Enforcement Board cases, relating to property parcel ID 186000005 located within Collier
County, Florida.
OBJECTIVE:
That the Board of County Commissioners ( "Board ") accepts a proposed settlement agreement
with Fifth Third Bank, mortgage holder, to release a $48,088.43 code enforcement lien imposed
in the Code Enforcement Board action entitled Collier County v. Empire Developers Group,
LLC, CEB Case No. CESD20080007919, in exchange for payment of $89,318.00, (representing
County abatement costs), as part of settlement of outstanding Code Enforcement Board cases.
CONSIDERATIONS:
On September 25, 2008, the Code Enforcement Board found Empire Developer's Group, LLC
( "Respondent") in violation of the Collier County Land Development Code. Additionally, the
Code Enforcement Board ordered Respondent to hydro -seed all disturbed land in Vita Tuscana
by October 9, 2008 or a fine of $180 per day would be imposed until the property was brought
into compliance. The Order, Finding of Fact, was recorded at: OR Book 4398, Pages 3836 et
seq., and subsequently amended at OR Book 4425, Page 513, et seq. (to allow the County to
abate the violation), of the Official Public Records of Collier County.
The property was brought into compliance on July 7, 2009. When calculated at $180.00 per day,
the amount due under the lien is $48,088.43.
Code Enforcement staff contacted the Mortgage holder to advise them of pending actions. The
Mortgage Lender, Fifth Third Bank, proposed to settle this matter, together with three cases
currently under the jurisdiction of the Code Enforcement Board, for a total of $89,318.00. Code
Enforcement staff agreed to forward a settlement recommendation to the Board of County
Commissioners, pursuant to Resolution No. 2001 -316. Upon approval, staff will recommend
that no lien be imposed in the three Code Enforcement Board cases, with fines totaling
$104,179.29, and the three cases will be recommended for dismissal. In addition, a release of the
$48,088.43 lien will be recorded in the Official Public Records.
FISCAL IMPACT:
The Respondent has paid the proposed settlement sum of $89,318.00 to show a good faith
commitment to this agreement and this payment has been deposited into the "Code Enforcement
Board Fines" Revenue Account MSTD General Fund 111. If this agreement is approved by the
Board, any claim to the remaining fines of $48,088.43 will be released.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and there are
--» no outstanding legal considerations. This item is not quasi - judicial, and no ex parte disclosures
are required. Approval of this item requires a simple majority vote. This item is legally
sufficient for Board action. —JW
Agenda Item No. 16A20
JUIy 28, 2009
Page 2 of 4
RECOMMENDATION:
That the Board of County Commissioners accepts the proposed settlement agreement from
Mortgage Lender, Fifth Third Bank, and authorizes the Chairman to sign the attached Release
and Satisfaction of Lien.
PREPARED BY:
Marlene Serrano, Code Enforcement Operations Manager
Agenda Item No. 16A20
July 28, 2009
Page 3 of 4
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
Office of the Collier County Attorney
3301 Tamiami Trail, East
Naples, Florida 34112
(239)252- &400
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Order of the Code
Enforcement Board dated November 25, 2008, a certified copy of which was recorded on
December 2, 2008, in O.R. Book 4410, Pages 3212 -3213, of the Public Records of
Collier County, Florida, against all real and personal property located in Collier County,
owned by Empire Developers Group, LLC, has been discharged in full:
Empire Developers Group, LLC
Collier County, Florida
Payment: n/a (resolved via settlement)
Reference: CEB Case No. CESD20080007919
The undersigned is authorized to and does hereby release this lien as to the
whole of the above - described real property, and all other real and personal
property owned by Empire Developers Group, LLC, and consents to this lien
being discharged of record.
Dated this day of
ATTEST:
DWIGHT E. BROCK, Clerk
WS
, Deputy Clerk
Approved as to form and
legal jsiciency':
Jef E. right
Asshtalit County Attorney
2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I�
DONNA FIALA, CHAIRMAN
Page 1 of l
Agenda item No. 16A20
Jt1ly 28. 2009
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A20
Item Summary: Recommendation to accept a proposed settlement agreement providing for Release and
Satisfaction of Lien in the Code Enforcement Action entitled Collier County v. Empire
Developers Grcup. LI-C, relating to property parcel ID 186000005 located within, Collier
County, Flcrica.
Meeting Date: 7/28)'2009 9 00 00 .AM
Prepared By
Sharon Dantini Training Coordinator
Community Development & Code Enforcement
Environmenta'. Services
Date
7116/2009 10:56:54 AM
Approved By
Jeff Wright
Assistant County Attorney Date
County Attorney
County Attorney Office 7116/2009 4:26 PM
Approved By
'ode Enforcement
Jeff Klatzkow
CountV Attorney Date
County Attorney
County Attorney Office 711612009 4:59 PM
Approved By
Diane S. Flagg
Code Enforcement Director
Date
Community Development &
'ode Enforcement
71152009 5:15 PM
Environmental Services
Community Development &
7(161009 5:31 PM
Approved By
Environmental Services Admin.
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
7/16/2009 5:19 PM
Environmental Services
Environmental Services Admin.
7/1712009 10:19 AM
Approved By
Community Deveiopment &
Date
Joseph K. Schmitt
Environmental Services Administrator
Community Development &
Community Development &
7(161009 5:31 PM
Environmental Services
Environmental Services Admin.
.Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Nrianagement & Budget
7/1712009 10:19 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/17/2009 1:40 PM
Approved By
Winona W. Stone
Assistant to the County Manger
Date
Board of County
County Manager's Office
7117/2009 4:30 PCVI
Commissioners
file: / /C: \AgendaTest \Export\l 33 -July% 2028,% 202009 \16. %2000NSENT °io20AGENDA\ 1... 7/22/2009