Backup Documents 05/12/2009 Item #16A 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLIl16 A 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivcred to the Board Omee, The completed routing slip and original
documents are to be forwarded to the Board Office only aftl~r the Board has taken action on the itcm,)
ROUTING SLIP
Complete routing lines #] through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exceotion of the Chairman's signature, draw a line through routinl! lines #1 throu!!h #4, complete the checklist, and forward to Sue Filson line#5),
Route to Addressee(s) Office Initials Date
(List in routinl! order)
1. Judy Puig CDES Administration ~ S'\13\oGf
2. '0,,/"
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created'prepared the executive
summary, Primary contact information is needed in the event one ofdlC addressees above, inclooing Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff Marlene Serrano Phone Nwnber 252-2487
Contact
Agenda Date Item was Mu.y I <1. ;~ oc ? Agenda Item Number 1614 4
Approved by the BCC
Type of Document Executive Summary - Release and Number of Original I
Attached Satisfaction of Lien. Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ro date. (Initial) A licable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 05/12/09 (enter date) and all 9f
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a Iicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A 4
EXECUTIVE SUMMARY
Recommendation to accept a proposed settlement agreement providing for
Release and Satisfaction of Lien in the Code Enforcement Action entitled Collier
County v. Haldeman Creek Enterprise, LLC, CEB No. 2003-023, relating to
property located at 2891 Bayview Drive, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners ("Board") accept a proposed
settlement agreement with Haldeman Creek Enterprise, LLC, to release a $73,037.85
code enforcement lien in exchange for payment of $8,287.00, in the Code Enforcement
Board action entitled Collier County v. Haldeman Creek Enterprise, LLC, CEB No.
2003-023.
CONSIDERA TIONS: On June 26, 2003, the Code Enforcement Board found Haldeman
Creek Enterprise, LLC ("Respondent") in violation of the Collier County Land
Development Code for an alteration, enlargement and addition to a deck area of the
Haldeman Creek Boat House Grill and Marina, without first obtaining a building permit
and without having received a certificate of occupancy for the addition. Respondent
was ordered, among other things, to either submit a sufficient application for a Site
Development Plan ("SDP") or a Site Improvement Plan ("SIP"), or remove the non-
permitted addition after obtaining the appropriate demolition permit, within 30 days, or a
fine of $50 per day would be imposed until the property was brought into compliance.
Based on the above order, the Code Enforcement Board entered an order (dated
October 1, 2003) imposing the lien that is the subject of the recommended release. The
Order Imposing Fine/Lien, which provided for continuing accrual of fines, was recorded
at OR. Book 3420, Pages 1725, et seq., of the Official Public Records of Collier
County. The property was brought into compliance by removing the unpermitted
addition on June 21, 2007. When calculated at $50 per day, for the noncompliance
period of 1,425 days, combined with $1,787.85 in costs, the accrued lien amount is
$73,037.85.
Respondent has proposed to settle this matter for $8,287.00 and staff agreed to forward
a settlement recommendation to the Board of County Commissioners for their
consideration (pursuant to Resolution No. 2001-316).
FISCAL IMPACT: The Respondent has paid the proposed settlement sum ($8,287.00)
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 sum
of $64,750.85 will be released.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
16A 4
LEGAL CONSIDERATIONS: This item is not quasi-judicial and ex parte disclosure is
not required. This item requires a simple majority vote, and this item is legally sufficient
for Board action. -JW
RECOMMENDATION: That the Board of County Commissioners accepts the proposed
settlement agreement and authorizes the Chairman to sign the attached Release and
Satisfaction of Lien.
PREPARED BY: Marlene Serrano, Code Enforcement Operations Manager
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*** 4295735 OR: 4452 PG: 3317 **
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/1:/2009 at 11:26AM DWIGHT E. BROCK, CLERK
REC FEE 10,00
This instrument prepared by: Retn:
Jeff.E. Wright CLERK TO THE BOARD 1 6 A 4
Assistant County Attor~ey . '~~T" "'.. (,'
2800 N. Horseshoe Dnve, Ste 301 INTEROH.l.d 41H FLO"K
Naples, Florida 34104 EXT 7240
(239) 213-2939
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 October 1, 2003, a certified copy of which was recorded
on October 13, 2003, in O.R. Book 3420, Pages 1725, et seq., of the Public
Records of Collier County, Florida, against the following described real property,
and all other real and personal property located in Collier County, owned by
Haldeman Creek Enterprise, LLC, has been discharged in full:
Location: 2891 Bayview Drive, Naples, Collier County
Folio No. 61835360006
Cost: $8,287.00 (by negotiated settlement)
Reference: CEB Case No. 2003-023
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 Haldeman Creek Enterprise, LLC, and consents to this lien being
discharged of record.
Dated this S day of r'Xta 1./ , 2009.
."
,
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT, E.'8ROCF<, Clerk COLLIER COUNTY, FLORIDA
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By: . By:' . ~ ~.~,
Mtdt . '* a....... " D DONN FIALA, CHAIRMAN
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Approved as to form and
legal sufficiency:
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Je E. right
Assl nt County Attorney
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