Backup Documents 04/14/2009 Item #16A13
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP J b At:L.
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
. . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUt6 A 13
Pnnt on pmk paper. Attach to ongmal document. Ongmal documents should be hand delivered to the Board Off-Ice. The completed routing angma
documents are to he forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. tfthe document is already complete with the
excention of the Chainnan's si"nature, draw a line throul!h routifll! lines # 1 throu2h #4, comnlete the checklist, and forward to Sue Filson (line #5\
Route to Addressee(s) Office Initials Date
(List in routim~ order)
1. Judy Puig CDES Administration Qn<( ylHloC1
2. v
3.
4.
5. Sue Filson. Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INl<'ORMA TION
(The primary contoct is the holder of the original document pending BeC approval. Normally the primary contact is the person who crcatecVprepared the executive
summary. Primary contact information is needed in t.he event one oflhe addressees above, incJu:ling Sue Filson, need to cmt.'1ct staff for additional or missing
information. All original documents needing the BCe Chairm,m's signature are to be delivered to the Bee office only after the BCe has acted to approve the
item.'
Name of Primary Staff Marlene Serrano Phone Number 252-2487
Contact
Agenda Date Item was 4p",/ J~ ~U() 'j Agenda Item Number I6/n3
Annroved bv 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 riate. (Initial) A lieable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes sign.ature pages from ordinances, Wi
resolutions, etc. signed by the County Attorney's Office and sighature pages from
contracts, agreements, etc. that have been tully executed by all parties except the BCC
Chainnan 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 Chainnan's signature line date has been entered as the date ofBCC 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 Chainnan'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 BCC's actions are nullified. Be aware of our deadlines!
6. The document was approved by the BCC on 04/14/09 (enter date) and all
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.
1: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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EXECUTIVE SUMMARY 16A13
Recommendation to accept a proposed settlement offer providing for
Compromise and Release of Lien in the Code Enforcement Action relating to
property located at 2946 45th Avenue NE, Collier County, Florida
OBJECTIVE: That the Board of County Commissioners (Board) accepts a proposed
settlement agreement with GMAC Mortgage, to release a $25,959.32 Code
Enforcement lien in exchange for payment of $13,000 in the Special Magistrate action
entitled Collier County v. Roilan Perez Del Val, OSM Case No. 2007050335.
CONSIDERATIONS: On November 16, 2007, the Special Magistrate found Roilan
Perez Del Val ("Respondent") in violation of the Collier County Land Development Code
for failing to maintain the pool water in a pool on his property, in order to avoid a safety
hazard and the infestation of insects. Respondent was ordered to correct the violation
by properly maintaining the swimming pool or by maintaining the swimming pool empty
of water on or before November 23. 2007 or a fine of $100 per day would be imposed.
Based on the above order, on April 18, 2008, the Special Magistrate imposed the lien
that is the subject of the recommended release. The lien was recorded in the public
record on May 7, 2008, at O.R. Book 4357, beginning at Pages 2597. The property was
brought into compliance on August 7,2008 by the lender. When calculated at $100 per
day, for the noncompliance period of 257 days, the accrued fine amount is $25,700,
plus operational costs of $259.32, for a total lien amount of $25,959.32.
After acquiring the property via foreclosure in June 2008, US Bank sold the property to
the current owner, secured by a mortgage with GMAC Mortgage. GMAC Mortgage has
taken responsibility for paying off the code enforcement lien encumbering the property.
FISCAL IMPACT: The lender has paid the proposed settlement sum ($13,000)
(approximately 50 percent of the lien value) 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 $12,959.32 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. This item requires a majority vote. -JW
RECOMMENDATION: That the Board of County Commissioners accepts the proposed
settlement offer 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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*** 4284699 OR: 4444 PG: 3582 ***
RBCCRDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
01/11!1D09 at 11:39AM DWIGHT E. BROCK, CLERK
IEC FEE 10.00
This instrument prepared by: COPIRS 1.00
Jeff E. Wright, Assistant County Attorney Retn"
Office of the Collier County Attorney CLERK TO THE BOARD 16 A 13
3301 Tamiami Trail East INTEROFFICE 1 TH FLOOR
Naples, Florida 34112 Err 8405
(239) 252-8400
RELEASE AND SA TISF ACTION OF LIEN
This is to certify that the claim of lien ("Lien") arising out of the Order of the
Special Master dated April 18,2008, a certified copy of which was recorded on May 7,
2008, in O.R. Book 4357, Pages 2597, el 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 Roilan Perez, has been discharged in full:
2946 45th Avenue NE, Collier County, FL
Folio No.: 39840840006
Cost: $13,000 (negotiated settlement)
Reference: Case No. OSM 2007-050335
The undersigned is authorized to and does hereby release this Lien with
respect to the above described real property, and all other real and personal
property owned by Roilan Perez, and consents to this Lien being discharged of
record.
Dated this ~ day of ...B.pfl \ ,2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
. .
By: .l1tui.. ~C1L . By:
~ .. to .... Ity Clerk DO
1ft... .t'lI
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:~i~;'< '^, fi) .,',
Approved as tofbrm and
legal fficiency:
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.-
Jef E Wright
Ass! tant County Attorney
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