Agenda 05/25/2021 Item #16A 5 (Release Code Enforcement Lien - 1949 Davis Boulevard)05/25/2021
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$74,473.45, for payment of $723.45 in the code enforcement action titled Board of County
Commissioners v. Naples Marina Holdings, LLC, relating to property located at 1949 Davis Blvd,
Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $74,473.45 for payment of $723.45 in relation to Code Enforcement Special
Magistrate Case No. CEPM20190006708.
CONSIDERATIONS: The Code Enforcement Special Magistrate ordered the imposition of a lien
against Naples Marina Holdings, LLC, in Case No. CEPM20190006708 for code violation at 1949 Davis
Blvd. The violation consisted of a vacant commercial building with a broken window, broken door glass,
and roof and wall in a state of disrepair. The lien was recorded on March 20, 2020, at O.R. Book 5741,
Page 3918. The current lien amount of $74,473.45 is based on 297 days of accrued fines ($250 per day
from January 11, 2020 through March 6, 2020) totaling $74,250, plus $223.45 in operational costs. The
property was brought into compliance for the violation on November 2, 2020.
Naples Marina Holdings, LLC., acquired the property via Special Warranty Deed recorded on August 7,
2018. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full
payment of the full lien amount would impose a severe financial hardship on the property owner. Fines
accrued by an existing owner would be considered for a waiver as long as the existing owner has
diligently pursued abatement and compliance has been achieved. At the time of purchase by NMH, the
vacant building was already in a state of disrepair due to the previous owners' neglect, and it was further
damaged by Hurricane Irma. Approximately two months prior to the findings of the Special Magistrate,
NMH demonstrated good faith effort to achieve compliance by hiring a contractor to obtain required
permits and commence repairs in a timely manner. During the process, despite the contractors' failure to
notify the owner of revisions, and a lack of electricity to the building, NMH continued to correct and
abate underlying violations before and after both Special Magistrate hearings. It took substantial amounts
of time and money with extensive follow up, the hiring of an attorney, contractor, permit fees, and
inspections to come into compliance. The property is actively maintained, the owner has paid $723.45 in
settlement of fines, and is requesting the remaining $73,750 in accrued fines be waived. There are no
known code violations remaining on the property.
FISCAL IMPACT: Payment of $723.45 has been made, representing $500 in fines, plus $223.45 in
operational costs. If approved by the Board, accrued fines in the amount of $73,750 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, conforms to the
Board’s policy contained in Resolution 2012-46, is approved as to form and legality, and requires
majority vote for approval. - CAK
RECOMMENDATION: To waive the remaining fines in the amount of $73,750 accept payment
amount of $723.45 and authorize the Chairperson to sign the attached release and satisfaction of lien for
recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
16.A.5
Packet Pg. 566
05/25/2021
ATTACHMENT(S)
1. Owner Letter Naples Marina Holdings LLC (PDF)
2. Backup Docs Naples Marina Holdings LLC (PDF)
3. Lien Order (PDF)
4. Signed Release of Lien (PDF)
16.A.5
Packet Pg. 567
05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 15500
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $74,473.45, for payment of $723.45 in the code enforcement action titled Board of
County Commissioners v. Naples Marina Holdings, LLC, relating to property located at 1949 Davis Blvd,
Collier County, Florida.
Meeting Date: 05/25/2021
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
04/06/2021 2:38 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
04/06/2021 2:38 PM
Approved By:
Review:
Growth Management Department Michael Cox Growth Management Department Skipped 05/09/2021 8:42 AM
Growth Management Department James C French Growth Management Completed 05/09/2021 6:46 PM
Growth Management Department Trinity Scott Transportation Skipped 05/10/2021 11:51 AM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 05/11/2021 3:46 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 04/06/2021 3:47 PM
Code Enforcement Colleen Davidson Additional Reviewer Completed 04/07/2021 11:37 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/12/2021 11:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2021 1:17 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/16/2021 10:57 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/12/2021 6:34 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.A.5
Packet Pg. 568
Burgoslliana
From:
Sent:
To:
Subject:
Thanks Clay.
Colleen- approved and process please
Sent from my iPad
OssorioMichael
Thursday, March 4,2021 10:30 AM
Clay C. Brooker; Burgoslliana; DavidsonColleen
Re: CEPM2O190006708 - 1949 Davis Blvd
On Mar 4,2027, at 10:26 AM, Clay C. Brooker <ccbrooker@napleslaw.com> wrote
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme cdution when openi:ng attachrnents oti clicking links.
Mike,
Following up on our phone conversation earlier this morning, my client (owner of 1949 Davis) is willing
to increase its offer to settle the above-referenced case to a total of 5723.45. This total is comprised of
the 5223.45 in operational costs, plus an additional SSOO to cover costs associated with executive
sumrnary and other paperwork drafting. Please confirm that this number is acceptable by staff and that,
in exchange, the fines will be waived and lien discharged. (l realize that this settlement, even if
approved by staff, must be ultimately approved by the BCC.) Thanks.
Clay C. Brooker
Board Certified City, County and Local Government Lawyer
Cheffy Passidomo, P.A.
821 Fifth Avenue South
Naples, FL 34L02
(2391 261.-9300 telephone
(239) 267-9782 fax
www.napleslaw.com
ccbrooker@ na pleslaw.com
This e-mail, along wlth any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. lf
e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoninl
(collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forward
printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necess:
represent those of the law firm.
From: Clay C. Brooker
Sent: Thursday, March 4,202L 9:33 AM
1
16.A.5.a
Packet Pg. 569 Attachment: Owner Letter Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
'G,b/a4 zatt7y !/, 5 {,/1/u, ut
CnrpryPassnouo
EDWARD K. CHEFFY
Board Certified Civil Trial Lawyer
Board Cenified Business Litigation Lawyer
JOHN M. PASSIDOMO
Board Certified Real Estate Lawyer
LOUIS D. D'AGOSTINO
Board Certified Appetlate Practice Lawyer
DAVID A. ZULIAN
Board Certifi ed Construction Lawyer
CLAY C. BROOKER
Board Certified City, County and
Local Govemment Lawyer
Board of County Commissioners
c/o lliana Burgos, Code Enforcement Operations
3299 TamiamiTrail East, Suite 303
Naples, Florida 34L12
June 2019
Sept 2019
(Via E-moil: lliono.Burgos@colliercountygov.fl)
Notice of Violation issued by Code Enforcement
code Enforcement notified of owner's intent to submit building permit
application to repair building and abate violations
Application for building permit submitted
ATTORNEYS AT LAW
821 Fifth Avenue South
Naples, Florida 34102
Telephone: (239) 26t-9300
www. napleslaw. com
March 3,202L
WILLIAM J. DEMPSEY
Board Certified Real Estate Lawyer
DEBBIE SINES CROCKETT
RACHAEL S. LOUKONf,N
Board Certified Business Lrtigation Lawyer
BRIAN J. THANASIU
Board Certified Real Estate Lawyer
KIMBERLY D. SWANSON
CHRISTOPHER R. HEFLIN
Of Counsel.
GEORGE L. VARNADOI
Re:CEPM20790006708 - t949 Dovis Boulevord
Request for wdiver of fines ond dischorge of lien
Honorable Commissioners :
This firm represents Naples Marina Holdings, LLc ("NMH"), the owner of the property located at 1949Davis Boulevard. Please accept this letter as a request, pursuant to paragraph 4 of Resolution 201,2-46("Resolution"), for a waiver of all fines imposed, and a discharge of the lien established, in the above-referenced code enforcement case. As summarized below, we respectfully submit that the criteria setforth in the Resolution for lien settlement have been satisfied.
This case involves the building located at 1949 Davis Boulevard, which building is located on the largersite generally known as Brookside Marina. NMH purchased the subject prop..ty (along with theremainder of the Brookside Marina lands) in 20L8, after the property had succumbed to foreclosure
several years earlier. At the time of purchase by NMH, the subject building was vacant and already in ageneral state of disrepair as a result of predecessor owners' neglect, and it was further damaged byHurricane lrma. ln June 201-9, Code Enforcement issued a notice of violation regarding repairs needed totherearwall,theroof,andabrokenwindowanddoor. Forpurposesofthisletter,asummarytimelineof
the pertinent events in this case is provided below:
Nov 2019
16.A.5.a
Packet Pg. 570 Attachment: Owner Letter Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
)an 2O2O
Jan 2O2O
Feb 2020
March 2020
July 2O2O
Oct 2O2O
Feb 2021
Special Magistrate hearing - finding of guilt, repairs required within one week
Building Permit issued by County
Building Permit revised (contractor found no electrical power at building)
Special Magistrate hearing - fines/lien imposed
Repairs completed
Certificate of Completion issued by County
Code Enforcement approves case for foreclosure
As is evident from this timeline, NMH commenced good faith efforts to repair the building (by applying
for a building permit) approximately two months before the Special Magistrate's finding ;f guilt, and the
County had issued the building permit approximately two months before the Special fUigistiate,s
imposition of the fines and lien.1 while the permitting process and repair work may not have been
completed as quickly as desired, NMH's efforts were on-going before and after both Special Magistrate
hearings, and the underlying violations have been abated and corrected.
Code Enforcement contends that a total of 574,250is due in fines,2 which amount exceeds the expenses
incurred by NMH to repair the building. In addition, operational costs in the amount of 5223.45 are due.
Under the circumstances outlined in this letter, NMH respectfully requests that the fines be waived and
the lien discharged. NMH agrees to pay the operational costs. This lien settlement satisfies the criteria
set forth in the Resolution, including the fact that NMH has no prior history of violations.
Thank you in advance for your consideration of this request, and please do not hesitate to contact mewith any questions.
Sincerely,
/4,/Chy c zraader
Clay C. Brooker
Cheffy Passidomo, p.A.
1 unfortunately, a lack of communication existed between code Enforcement and NMH due parfly to the factthat mailed notices to NMH were being sent to an outdated address. As a result, code Enforcement did noi receive progressupdates on the permit/repair process, and the special Magistrate was not aware of NMH,s repair efforts.
2 Code Enforcement calculates this fine amount as 297 days at S250 per day. Respectfully, NMH maintains thatthe fine calculation is exaggerated because repairs were actually compleied approiir"tuiy tt r"" .oniti, prio, ,o ,t
"
irrr"n."of the certificate of completion.
16.A.5.a
Packet Pg. 571 Attachment: Owner Letter Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
cEPl\trt0190006708
1949 Davis Blvd Naples, FL 34104
Folio # 00386160004
Vacant commercial building with wall & roof in disrepair, broken window and door glass
Order Items: $250/day fine x 56 days (January I 1, 2020 - March 6,2020) = S 14,000.00, plus operational
costs of $223.45
Total Fines: $14,223,45
FOF Order OR 5719/PG 713 recorded on lanuary 22,2020
IOF Order OR 5741lPG 3918 recorded on March 20,2020
Violation abated: November 2, 2020
Fines accrued after IOF:
Order Items: $250/day for 241 days (March 7, 2020 to November 2, 2020) = 960,250.00
Total Fines Owed: $74.473.45
Deed recorded on 8/7/18, and case is in compliance as of lll2l2020
Fines for Owner: $74.473.45
Offer ofsettlement: $723.45 ($500 fine + $223.45 costs)
Owner with Hardship
ACCRUED VALUf,: $74,4jt.45
PAYMENT OF: $ 723.45
TOTAL rINf,S TO BE WAwED: $73.750.00
Naples Marina Holdings LLC
16.A.5.b
Packet Pg. 572 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Numberl
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
change / overage:
Contactl
FEE DETAILS:
Ecs !cscr!E!is!
Special Magistrate
202t823023
202t-020956
031t2/2027
$14,000.00
Pavment Method
Check
$s00.00
$0.00
Cheffy Passidomo P A
821 Fifth Avenue South
Naples, FL 34102
Reference Number
cEPM20190006708
Amount Paid
$s00.00
Check Number
56565
Orioinal
Fee
$ 14,000.00
Amount
Paid
$ 500.00
GL Account
ttL-73497!-343922
RichardKoenigsknecht
9900
ElenaGonzalez
Cashier Name:
Batch Number:
Entered By3
16.A.5.b
Packet Pg. 573 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid!
Amount Duei
Payment Details:
FEE DETAILS:
Fee Description
Operational Costs (SM)
Operational Costs (SM)
Cashier Name:
Batch Number:
Entered By:
202L823020
202L-O20953
03/t2/2027
$223,45
Pavment Method
check
$223.4s
$0.00
Cheffy Passidomo PA
821 5TH AVE S STE 201
NAPLES, FL 34102
Reference Number
cEPM20190006708
cEPM20190006708
Richard Koenigsknecht
9900
ElenaGonzalez
Amount Paid
$223.45
Check Number
56565
Oriqinal
Fee
$111.70
$111.75
Amount
Paid
$111.70
$111.75
GL Account
777-L3A971-343922
111- 138911-343922
Amount Paid:
Change / Overage:
Contact3
16.A.5.b
Packet Pg. 574 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
Burgoslliana
From:
Sent:
To:
Subject:
Thanks Clay.
Colleen- approved and process please.
Sent from my iPad
OssorioMichael
Thursday, March 4,2021 10:30 AM
Clay C. Brooker; Burgoslliana; DavidsonColleen
Re: CEPM20190006708 - 1949 Davis Blvd
On Mar 4,zOZt, at 10:26 AM, Clay C. Brooker <ccbrooker@napleslaw.com> wrote:
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use
extreme caution when opening attachments or clicking links.
Mike,
Following up on our phone conversation earlier this morning, my client (owner of 1-949 Davis) is willing
to increase its offer to settle the above-referenced case to a total of 5723.45. This total is comprised of
the 5223.45 in operational costs, plus an additional SSOO to cover costs associated with executive
sumrnary and other paperwork drafting. Please confirm that this number is acceptable by staff and that,
in exchange, the fines will be waived and lien discharged. (l realize that this settlement, even if
approved by staff, must be ultimately approved by the BCC.) Thanks.
Clay C. Brooker
Board Certified City, County and Local Government Lawyer
Cheffy Passidomo, P.A.
821 Fifth Avenue South
Naples, FL 34702
(2391 261-9300 telephone
(2391267-9782 fax
www.napleslaw.com
ccbrooker@napleslaw.com
This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. lf
e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoninl
(collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forward
printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necess.
represent those of the law firm.
From: Clay C. Brooker
Sent: Thursday, March 4,20219:33 AM
1
16.A.5.b
Packet Pg. 575 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
Z'iy'c:l trttt t ty ?- 5 n .//.:..,.;
CurrryPassnouo
EDWARD K. CHEFFY
Board Certified Civil Trial Lawyer
Board Certified Business Litigation Lawyer
JOHN M. PASSIDOMO
Board Certified Real Estate Lawyer
LOUIS D. D'AGOSTINO
Board Certified Appellate practice Lawyer
DAVID A. ZULIAN
Board Certified Construction Lawyer
CLAY C, BROOKER
Board Certified City, County and
Local Govemment Lawyer
Board of County Commissioners
c/o lliana Burgos, Code Enforcement Operations
3299 TamiamiTrail East, Suite 303
Naples, Florida 341L2
June 20L9
Sept 2019
(Via E-mail : tliana.Burgos@ colliercountygov.fl)
ATTORNEYS AT LA\i
821 Fifth Avenue South
Naples, Florida 34102
Telephone: (2J9) 261-9300
www.napleslaw.com
March 3,2021,
WILLIAM J. DEMPSEY
Board Certified Real Estate Lawyer
DEBBIE SINES CROCKETT
RA,CHAEL S. LOUKONEN
Board Certified Business Litigation Lawyer
BRIAN J. THANASIU
Board Certified Real Estate Lawyer
KIMBERLY D. SWANSON
CHRISTOPHER R. HEFLIN
OfCounsel:
GEORGE L. VARNADOE
CEPM20190006708 - 1949 Davis Boulevord
Request for woiver of fines ond dischorge ol tien
Honorable Commissioners:
Re
This firm represents Naples Marina Holdings, LLc ("NMH"), the owner of the property located at 1949Davis Boulevard' Please accept this letter as a request, pursuant to paragraph 4 of Resolution 20'2-46("Resolution"), for a waiver of all fines imposed, and a discharge of the lien established, in the above-referenced code enforcement case. As summarized below, we respectfully submit that the criteria setforth in the Resolution for lien settlement have been satisfied.
This case involves the building located at 1949 Davis Boulevard, which building is located on the largersite generally known as Brookside Marina, NMH purchased the subject property (along with theremainder of the Brookside Marina lands) in 20L8, after the property had succumbed to foreclosureseveral years earlier' At the time of purchase by NMH, the subject building was vacant and already in ageneral state of disrepair as a result of predecessor owners' neglect, and it was further damaged byHurricane lrma' ln June 2019, code Enforcement issued a notice of violation regarding repairs needed tothe rear wall' the roof, and a broken window and door. For purposes of this letter, a summary timeline ofthe pertinent events in this case is provided below:
Notice of Violation issued by Code Enforcement
code Enforcement notified of owner's intent to submit buirding permitapplication to repair building and abate violations
Application for building permit submittedNov 20L9
16.A.5.b
Packet Pg. 576 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
lan 2O2O
Jan 2O2O
Feb 2020
March 2020
July 2020
Oct 2020
Feb 2021
Special Magistrate hearing - finding of guilt, repairs required within one week
Building Permit issued by County
Building Permit revised (contractor found no electrical power at building)
Special Magistrate hearing - fines/lien imposed
Repairs completed
Certificate of Completion issued by County
Code Enforcement approves case for foreclosure
As is evident from this timeline, NMH commenced good faith efforts to repair the building (by applying
for a building permit) approximately two months before the Special Magistrate's finding of guilt, and the
county had issued the building permit approximately two months before the special Migistrate,s
imposition of the fines and lien.1 while the permitting process and repair work may not have been
completed as quickly as desired, NMH's efforts were on-going before and after both Special Magistrate
hearings, and the underlying violations have been abated and corrected.
Code Enforcement contends that a total of 574,250 is due in fines,2 which amount exceeds the expenses
incurred by NMH to repair the building. In addition, operational costs in the amount of 5223.45 are due.
Under the circumstances outlined in this letter, NMH respectfully requests that the fines be waived and
the lien discharged. NMH agrees to pay the operationalcosts. This lien settlement satisfies the criteria
set forth in the Resolution, including the fact that NMH has no prior history of violations.
Thank you in advance for your consideration of this request, and please do not hesitate to contact me
with any questions.
Sincerely,
/s,/chyC Sroader
Clay C. Brooker
Cheffy Passidomo, p.A.
I unfortunately, a lack of communication existed between code Enforcement and NMH due parfly to the factthat mailed notices to NMH were being sent to an outdated address. As a result, code Enforcement did nolrecetre progressupdates on the permit/repair process, and the speciar Magistrate was not aware of NMH,s repair efforts,
'zcode Enforcement calcrlates this fine amount as 297 days at s25o per day. Respectfully, NMH maintains that
*:#:"*:,'.:'J:t#;fftei::ted because repairs were actuaily.o,ir"i"o ,ppro,rrr,.rv,r,i"i."rt'r{, p,.io, to th" irrrrn.e
16.A.5.b
Packet Pg. 577 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
3t9t2021 Collier County Property Appraiser
Collier County Property Appraiser
Prope?ty Sumniaryi
Site Address 1949 DAVIS*Disclaimer BLVDParcel No 00385150004
Name / Address NAPLES MARINA HOLDINGS LLC
8O1 E VENICE AVE
Site City NAPLES t"--i,:fi 34104
State FL Zip 34285
Section Township Range Acres
iVENICE
No.Strap
000100 012 15A025A02 2 50
50FT OF PAR DESC AS: BEG SW CNR OF oF swl/4Legals 243.5 W ALG SEC LI 2OOFT TO POB
Latest Sales History
oF sw1/4, RUN N 242.25FT,
65 PG 1868oR1
Millage.Rates O
School Other Total
s.016 6.2924 11.3084
2A2O Certified Tax Roll
(Subject to Change)
Land Value $ zsl,i_zs
$ 1o2,5oz
$ 355,627
$ 355,622
(*) lmproved Value
1=1 Market Value
1=; Assessed Value
1=; School Taxable Value $ 355,622
$ 355,6271=; Taxable Value
lf all Values shown above equal 0 this parcel was created after the Fiinal Tax Roll
https ://www.collierappraiser. com
1t1
08106/18 ss40-3726o4t17t18 54.99:91012122114 s109-3206
1111818s 116s-196806101l81 926-11803/01168 268-419
Amount
$ 5,9oO,O0o
$ 6,200,000
$ 60,000
$ 200,000
$ 1se,s00
E
nlfllage Area & 85
Sub./Condo 100 - ACREAGE HEADER
Use Code O 11 - STORES, ONE STORY
Date
$o
16.A.5.b
Packet Pg. 578 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
INSTR 5596633 oR 5540 PG 3726 E-RECoRDED 8/7/2OLB 1:57 PM PAGES 9
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
Doc@.70 s41,300.00 REc $78.00
coNs $5,900,000.00
THIS INSTRUMENT PREPAI{ED BY,
AND AFTER RECORDING, RETURN TO:
-{tlN6SElt J&BOBE8ISSA
Parcel ) Nurnbers: PID# 00386280007; PID# 00386160004;
PID# OO3 00386160004; PID# 00386120002; and PID# 00386080003
(Space Above this Line for Recording Data)
THIS SPECIAL DEED ("Deed") is made as of the 6th day of August,
2018, by Pilgrim REO, LLC,lirnited liability company, rvhose mailing address is c/o
Capital Crossing Servicing Attention: John I(yrios, 100 Summer St, Suite 1150,
Boston, MA 021 l0 ("Grantof'),the benefit of Naples Marina Holdings, LLC, a
Florida limited liability cornparly,address is 990 Laguna Dlive, Venice, FL 34285
("Grantee"). (Wherever used herein and "Grantee" include all the parties to
this instrument and the heirs, legal
and assigns of corporations.)
assigns of individuals, and the successors
That Gmntor, for and in consideration of
and valuable consideration to it in hand paid by
hereby acknowledged, has granted, bargained,
bargain, convey, and sell, unto Grantee and Grantee's
lying, situated and being in Collier County, Florida, more
attached hereto and by this reference incorporated her.ein (the
tenenrents, hereditaments, easements and apputtenances belon
the Land;
TOGE'fHER WITH allof Grantor's right, title and interest,
Dollars ($10.00) and other good
and sufficiency of which are
sold, and does hereby gran!
assigns, all that certain land
described on Exhibit "Al,
and all rights, privileges,
anywise appeftaining to
to all buildings,
structures and other improvements located on the Land, and any and
incorporated within such buildings, structures and other irnprovements,
attached to or
TOGETI-IER WITH all of Grantor''s right, title and interest, if any,to any and all
strips and gores of land located on or adjacent to the Land, ancl in and to the strcets, venues,
roads, ways, alleys, public or private,waterways, and canals, open and proposed, in front of oradjoining all or any part of the Land and serving the I.and, and all rights of Grantor (if any, andonly to the extent assignable) to the developnrent of tlre Land grantecl by any governmental
authority
All of the property and ptoperty rights desuibed above shall be referr.ed to herein as the"Propert5l".
47560690v.5
..;{ t -t
-l-
16.A.5.b
Packet Pg. 579 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5540 PG 37?7
TO HAVE AND TO HOLD the Property, and all the estate, right, title, interest, lien, and
equify whatsoever of Gmntor with respect to same, either in law or in equity, to the proper use
and benefit of Grantee and Grantee's successel's and assigns, forever, in fee simple.
This conveyance is subject to the matters listed on Efhibilj'Pl, attached hereto and
incorporated herein by this reference (collectively, tlte "Permittetl Dxceptlons"); provided,
Irowever, tha:;th1 reference to the Permitted Exceptions shall not be deemed to reimpose any of
same, ",r ' .r"/\./ /*
Subject td the Permitted Exceptions, the Grantor covenants with Grantee that Crantor is
lawftrlly seized of lhs,Property in fee simple; that Grantor has good right and lawful authority to
sell and convey the Proper:iJr; that Grantor fully waruants the title to the Property and will defend
the same against the ta'wful claims of all persons clairning by and through Grantor, and against no
others,
on thefollowing page.J
47560690v.5
-2-
', tl
{ 'i ,r.,:
.1 i'."/' '' jt../ . \t,:\rJ .: \.
".. '^/'.i....r, ,/ ,,?.../, (...'.
-,r, ".i
''4" ''"n 'io)
'. ..1 .1i.. .j l-t.-/,..',,.f ,l
t. ./
;,,,,',t , r.1 f. \...., ,,.*{ ,',...,r, t . J.' ._-r' 1f', t- --a".*l'11
16.A.5.b
Packet Pg. 580 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5540 PG 3728
IN WITNESS WHEREOF, this Special Warranty Deed has been executod by Grantor to
be effective as of Augttst 6,2018.
Signed, sealed delivered GRANTOR:
in the
Pilgrim REO I,LC,
a liabi lity company
Print Name:
By:
Special Warranty Deed)
47560690v.5
a-J-
{;'{ t' j,..--.4
?'....'/ '''-j','t
16.A.5.b
Packet Pg. 581 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5540 PG 3729
STATE OF _--
COUNTY OF
He/She
{SEAL}
The foregoing instrument was acknowledged before me on this
-
day of
2018, by of
a on belralf of the entity.
ASknown to tlre undetsigned or produced
'ir'g<.41he&d4
Print Name:
Notary Public, State and County aforesaid.
I .. j
I
/'r{ ri.., ,.. ^/ '.
-? \,
. \.. ,l../ t...,-/ -i'{r-1
n'a')'r'
47560690v,5
identification;
My commission
,f
Commission No.:_
,., . .l
(' ,. ,,
'r l, - \
-t '.- i.t t.. t...r \
l,. / .{..'i" j
'jv\/"/'. { , .
ln ')'l ,,/ _t,,
,/ :i''/ / \'., r..,.',r.-,ii.y'..
l.j,.1 r)
'"J
16.A.5.b
Packet Pg. 582 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5540 PG 3730
document to which this certificate is attached, ancl not the trythfulness, accuracy, or validity of that
ocument,
idthe theofootherfficercertificatethis individual'verifiesnoofcompleting only titylarypublic
CALIFORNIA AtL PURPOSE ACKNOWLEDGMENT
STATE OF \.
COUNTY OF satl
-/.
bdforeOnJuly 24,2018 Evalynne Chan
Public,
Date (here insert name and title ofthe ofticer)
Daniel Wanekpersonally appeared
'who proved to me on the basis of to be the person(s) whose name(s) is/are
to me that he/she/they executed the same ,subscribed to the within instrument and
in his/her/their authorized capacity(ies),signature(s) on the instrument
the person(s), or the entity upon behalf of acted, executed the instrument. i
I certiff under PENALTY OF PERIURY under the the State of Callfomia that the
foregoing paragraph is true and correct,
WITNESS my hand and official seal.
Sah
My Corinr.
Signature:
\ _.. .l,*/j f
OPTIONAI,'.,{
Description of Attached Document
Title or Type of Document:$pecial Warranty Deetl
Document Date:Other:
i" tll;l'.,:J-..;rlill!rl-'l:-L-t,l!.:i,-r.r;-!::.:i, jjli-lll 1i.,1
Number of Pages:
!
{
i
t
\
I
I
,
{
{
i
I
l
: 'lt.r."'.a'
16.A.5.b
Packet Pg. 583 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5540 PG 3731
trXHIIlIT "r\"
Legal Description
PARCET- L / ,
./t,,
Cornmencing/at;the \outlrwest corner of Section 2, Township 50 South, Range 25 East, Collier
County Florida{ thenfe along the south line of said Section 2, easterly 862, I0 feet; thence parallel
with the west lingrf the southeast quartei of the southwest quarter of the southwest quarter of
said Section 2, norlher.], 4l.51 feel to the north right-of-way linc ofDavis Boulcvald (SR-858) as
established by deed'iecolded in Deed Book 11, Page 59, PLrblic Records of Collier County,
Florida. for a PLACF OF B,EOJNNINC of lh is description.
Tlrence continuing par"IleT'wi(h the west line ofthe southeast quarter ofthe southwest quaner of
the southwest quartel of sajy' Section 2, noIh€rly 200.00 feet; tl]ence continuing nortlrerly
dctlecting 0' 39' 20" to lh6 riBh! 270,05 Ieetl lhence parallcl with the norlh righl-of-way Iine of
said Davis Borrleva[d. eastelly.rdefley'ting 88' 52' ]0' l.o llre riglrt, 195.45 teet; thence southerly.
deflecting 90" l7' 30" to the rightl 478,00 feet to the oo(h righGof-way line of said Davis
Boulevardi llrence along said north dghl-of,:way Iine, westerly 200.00 tcet to the Place of
Beginning. .)' ,'.
BEINC a part ofthc soutlrwest qua "er-of the $outhwest quafer ofScction 2, Towrlship 50 South,
Range25 East,CollierCounty, Florida. .1''_'..
PARCEI. ll " .,r'
Commencing at tlre soutlrwost colne, of S."ti#.4{r",'iqip 50 South, Range 25 Dasr, Collier
County, Florida, tbence along the south linc ofsaid Se_cti6n 2, easter{y 862.10 feet; thence parallel
with the west line of the southeast quarter of lhe sorrtllv-es{ quafler o f the southwest quarter said
Section 2, norlherly 41.51 feettothe norlh righr-of-wai liryloTQavis Boulevard (SR-858)as
established by deed lecorded in Deed Book I I, Page 59.fuh.lit \ecords of Collier. County,
Florida; thence along said nolth right-ol-way Iine. easterly rOO.oy' feer to the PLACE OF
BEGINNINC of rhis dcscription. ' .-'"
Thence noftheriy deflecting 89" 42' 30" to rhe lefr 470.00 feet; thgrce e?sterly deflecting 89" 42'
30" to the right, 70.00 feer, thence southe|ly deflecring 90' l7' 30" \o tlie right, 4?0.00 feet to the
no h right-of-way line ofsaid Davis Boulevald: thence atorlg said-nor.$ rig\t-of-rvay line,
westcrly 70.00 feet to the Place of Beginning, t )
Being a pafi of the soulhwest quarter ofthe southwest quarter. of Sectio0Jftgwnship 50 South,
Range 25 East, Colliel County, Florida. , ' ) ,iPARCEL III
,/-* '
All that pa ofthe Southeast % ofthe so.thwest % oflhe Southwest % ofseclion 2,.l.ownship 50
South, Range 25 East, collier County, Flor.ida being,ore pa'ticular.ly descr,ibeci as follows:
comlnencing at tlre southwcst cornel ofsaid section 2, thence along the soLrth line ofsaid
section 2, North 89' 38' 05" East 662.10 feer to the west line ofthe east % ofthe southwest % of
the southwest % r:fsection 2; thcnce along saicl west line ofthe East % ofthe southwest % ofthe
southwest % ofsection 2, North 00' l7' 20" west 40.00 feet to the southwest corner ofthose
lands described in o.R. 2, page 454, pubric Reco.ds of CoIier.coLrnty, Flor.ida: lhence continuealong said west rine of the East % of rhe soLrrhwesr %of trreso hweii'2, of section z, tto'th 00.
41sOA69Ov.s
Lixhibit A b SDecial Witltan lV
16.A.5.b
Packet Pg. 584 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5540 PG 3732
l?' 20" West for 202,40 feet to tlle Northwast corner ofthose lands as desclibed in said O.R, 2,
Page 454 and the point of beginning of the parcel herein desolibed:
Thencc continue alorrg said West line ofthe East % of the Southwest % of the Soutlrwest % of
Section 2, North 00" I 7' 20" wcst 267.60 feet to the Nolth line of those lands described in O.R.
I I8. Page J6l Public Records of Colliel County, Ftorida, and the southwest cornct of those lands
describefin Ofr236, Page 681, Public Records of Collier County, Florida; thence continue
alongsaid W€sg,linri pf the east % ofthe southwest % ofthe southwest % ofSection 2, North 00"
l7' 20" West li60.2qlfcet to the South Iin€ ofBrookside Subdivision, Unit 3, Plat No. 2,
according to tlre+la{ therpofas rc-coldcd in Plat Book 3, Page 99, Public Recods ofCollier
County, Florida; thelcC along said south line of Brookside Subdivision Norlh 89" 37' 20" East
I00.00 feet to the efst line of those lands described in said O.R. Book 236, Page 68 I ; thence
South OO" l?' 20" East and_Jrarallel with West said line ofthe East % ofthe Southwest % ofthe
southwest % of Section 2- h dlstancc of 159.53 feel to the North line of those lands desclibed in
saicl O,R. ll8,Pagc36l;t|/nce4longtheNodhlineofthoselandsdescLibedinsaidO.R. ll8,
Page 361, North 89' l2' i6' Eart-l0l.l0 feel to the East line olthose lands described in said
O.R. I 18, Paee 361 ; thence alohg sai/ Ecst line, South 00" 22' 00" west 267.97 tcet lo the Norll]
line of those tands dcscribed in sald O,R. Book 2, Page 454; thcnce along said North line South
89' l8' 29" West 200,00 feet ro th€rlvest l.ine ofsaid East % ofthe southwest % ofthe Soutlrwest
% ofsection 2, and the point of begilriingofllhe Pa|cel herein desclibed.
being a part of the southeast I/4 of the sofllrlesi.t /4 of the southwest l/4 of Section 2, Township
50 South, Rangc 25 Easl, Collier Countf Floyda;
.
l./.
PARCEI, IV .,. , ' .,,/
The West half of the Southwest quarter of the Sout[diy qlraiter of the southrvest quartel and the
southeast quafter of the southwest quarter of the Southrve5}.((uarte r; both lying and being in
Section 2, Township 50 SoLrth, Rarrge 25 East, Collicr GdLrlt!fr Flprida; excepting therefionr the
following palcels of land: I
l, Lands described iu OR Book 2, Page 454, Public Records ofCglliel toLrnty Florida;
2. Lands desujtred in OR Book I I 8, Page 361, Prrbtic Records of Cplliir County Flor.ida;
3. l,ands dcsclibed in OR Book 2]6, Page 68 l, Public Rccolds of 6llr CgLrnty Florida;
4. Any portion oftlre Iand described in the foregoing legal descriptior/ East if tlre Wesl line ofthe
propelty described in O.R. Book 233, Page 228, Public Recolds of Colliertgulty, Floricia.
5. Davis Boulevaid described in Right of Way Deed recolded in Deed Bopk t l,fage 59, Public
Records ol Colliel County, Flolida. - /
It is rcciled, agreed and undetstood by the padies to this conveyance, rhat a pbd; ith" lona,
hercin conveyed are plesently submerged lands, Iying south o{'the subdivisions coliectively
known as "Brool(side".
The East 50 l'eet ofthe fbllowing described lands:
A parcel ofland lying in the southeast quarler ofthe southwest quarter ofthe southwsst qua er of
Section 2, Township 50 South, Rarge 25 East, Collier.County, Florida, being rnot.e specifically
desclibed as follorvs:
PARCEI, V
475606r0!.5
E{rrbl a_&Slcsblwsl]sltLDssd
16.A.5.b
Packet Pg. 585 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5540 PG 3733
Beginning at the southwest quarter oFthe southeast quartel of'the southwest quarter ofthe
southwest qual'ter of Section 2, Townslrip 50 South, Range 25 East, Collier County, Florida, said
point being Nofth 89o 38' 10" east distance 662,10 feet fi'om the sor"rthwest col'ner of said Section
2; thence North 0o 16' 20" West, along the westelly boundary of tlre said soutlreast quafter of the
southwest of the southwest quartel'r a distance of 242.25 feet to a concrete monulnent;
I 6' I 0" East 200 l'eet to a concrete lnonunlent; thence SoLttlt 0o I 6' 20" East
and y boundary of saicl southeast qualter of the soutltwest quarter of the
53 feet to a point on the south boundary ofsaid Section; thence South 89"
38', 10"Section line, 200 feet to the Point of Beginning; excepting therefi'om a
stlip of lattd
purposes as
Land Developnent Cornpany to the County of Collier for highway
Book I l, Page 59, Public Recolds of Collier County, Florida.
thcnce
47560690v.5
Exhibit A to Special Wairantv Deeci
..* t ./
/
I: { .}'_. . ..4 '!
' -'11 ' 'a' r"'
, {,,. .i' .r.
: ,1.\.1' { "\
.../"i.
't-/l.l , ",',,./'*)
'/'".-l .'.a".r"./
'r,1 ; ,' €. ,.;t':h.{':,., 1.,'r:l'."J ri
-.Jj.,' .- t:,.\
"{
jt
,i. I-,..,./ ,t*r{ } ".,,
," t )'- 'J i.t.t'r.,rn'*
16.A.5.b
Packet Pg. 586 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
*** oR 5540 PG 3734 ***
Zoning,
All leases
I All
yet
EXIUpIT .(8"
Permitted Dxceptlons
and assessntents for20l7 and subsequent years, both genelal and special, not
as ofthe date hereof,
and other use restrictions imposed by any governmental authority.
Propelty.
be shown on ol disclosed by an accttrate suruey or personal
of record as of the date hereof and any additional matters or
insurance policy
2.
J.
4.
5. All rnatters and
exceptions disclosed in the
.fr,..
47560690v,5
Exlrbit als Jpegral_lV_auesllDsed
All rnatters and facts tlpt yould
inspection of the Propbrtyyr'I
16.A.5.b
Packet Pg. 587 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
('()t.l.tER ('01:N1'1 , F'l.(}RID;t
()F Ftcl: (!1. TH [, sP[:(:t,tl. ]\1,{Glsl'RA'l'l,
(rsr\r CAsf N0. crEPlt2(1r90006708
COT,LI[JR COIJNTY
BOARD OF COUNTY C0lvltullSStONERS. Petitioncr
vs.
NAPLF.S MARINA HOLDINCS LLC. Defrndant{s}
Arr rDAvl1' or.qqM n,rANCI
S'IATN OF TLORIDA
COTINTY OF C:OLLIHR
BEFORF. Ml:. the r"rndersigned authorily. persorrally ap1:eared Steplten Athe1,, Code Eutbrcernerrt Oflicial tor the
llearing be fbre the Special Magistrale ot"Collicr Counly'. rvlro after heing lllll sworn" deposes and says:
?. That the respondenl did contact tlte investigator.
3. That a re-inspection was perforrnccl on November 2nd. 102().
4. That the re-inspection(s) revealeti rhat the corrective action ordercd try the Special Magistrate rvas in
compliance by abating the violatiorrs.
FIJRTHTR AFFIANI' SAYEl"H NOT'
DATED this 2nd day ol'November. 2020
cC)Lt..l r-.R (otJNl'Y. t'"t.oRlDA
HEAR IAI, MACIS"TRAT"I]
Stepherr Athel
Codc l:nforcem*nt Offi cial
STATE OT TLORIDA
COUNTY OT COI,I,INR
&* ,r. -4 r,/ ,^,4t .i:r:,"...
(Signarure orNoraryYubric) O d
Lr,,:#
.
Sworn to (or aflrrned) and sutrscrihed betbre nre by rneans of
this p day af NWe^Ler .30!4br Srcphcn AtheY
(PrintlTypeiStanrp (irnrmissioned Name of Notary, Public )
"/phy'sicalprescrrccor onlinenotarization.
ELENA 1,1 Ct\:liiI
Commissi.ir y GG 3;;71{
Expire* Marth d, ?"rI3
i;r,,i?,! TtIu Erdgqt t&raI SeE*:
Personally known {
L That on January 0i, ?020. the Special Magistrate held a hearing and issued an Order in the above-styled
matler and stated that Defendant(s) v'as to abatc all violalitus as stated in the Ordcr of thc Special Magistrate
recorclcd in the public records eif Clollier Count,v. Florida in OR tlook 5719 PC 713.
16.A.5.b
Packet Pg. 588 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
rNSTR 581841L oR 5719 PG 713 RECoRDED L/22/2O20 11:29 nm PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
COLLIER COIJNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - C8PM20190006708
BOARD OF COUNTY COMMISSIONERS
COLLTER COIINTY, FLORIDA,
Petitioner,
vs.
NAPLES MARINA HOLDINGS LLC,
Respondent.
THIS CAUSE came
the Special Magistrate,
respective to all appropriate
of the Special Magistrate, as
on January 3,2020,and
and heard argument
Conclusion of Law and Order
l. Respondent, NAPLES ofthe real property located at
1949 Davis Blvd., Naples,
2. Respondent, who was duly notified by certified mail and posting did not
appear at the public hearing.
3. The real property of the Respondent is in violation of the Collier County Code of Laws and
Ordinances, Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance
Code, Section22-240(1)Q), Section 22-2a0()(e) and22-240(lXb), in the following particulars:
Vacant commercial building with rear exterior wall and roof in disrepair;
also broken window and door glass on firont and side of building.
4. The violation had not been abated as of the date of the public hearing.
ORDER
Based upon thefore8oing Findings of Fact and Conclusions of Law, and pursuant to the authoritygranted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-aa, as amended,IT IS HEREBY ORDERED:
16.A.5.b
Packet Pg. 589 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5719 PG 7L4
A Respondent is found guilty of violation of the Collier County Code of Laws and Ordinances,
Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section
22-240(t)U), Section 22-2a0()(e) md 22-2a0Q)(b).
B. Respondent is ordered to pay operational costs incurred by the County forthe prosecution ofthis
case in the amount of $111.70 on or before February 312020.
C. Respondent must abate the violation by: Obtaining any required Collier County building
permit or demolition permit, all inspections, and a Certificate of Completion/Occupancy on
or before January 10r 2020 for all repairs needed to bring the property into compliance with the
Collier County Property Maintenance Code or a fine of $250.00 per day will be imposed until
the violation is abated and the property is in compliance.
D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance in order for the County to conduct a final inspection to confrrm compliance.
E. If Respondent fails to abate Order, the Collier County Code
En foroement Deparhnent method to bring the
violation into the services of the Collier
County SherifPs Office and enforce the provisions
of this Order. AII owner and may
become a lien on the
DONE AND ORDERED this County, Florida.
CODE ENFORCEMENT
TE
C
C.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid atthe Collier
County Code Enforcement Division,2800 North Horseshoe Drive, Naples, FL 34104, phone # (23g)252-
2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL:Any aggrieved parfy may appeal a final order of the Special Magistrate to the Circuit Court
hearing de novowithin thirty (30) days ofthe execution ofthe order appealed. An appeal shall not be a
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility ofthe appealing party to obtain a transcribed record ofthe hearing from the Clerk of
Appeal will not automatically stay the Special Magistrate's Order.
Xrnzel, Cle*
the County may
violation
for
day ofJanuary
Courts. Filing
l, CrystalK
lhat the
16.A.5.b
Packet Pg. 590 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
i *** oR 5719 PG 715 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this 13 day of January, 2A20 b Respondent, NAPLES
MARINA HOLDINGS LLC,990 Laguna Dr, Venice ,FL34Z8S.
Code Enforcement Official
16.A.5.b
Packet Pg. 591 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
INSTR 5845508 oR 5741 PG 3918 RECoRDED 3/2O/2A2O 10:43 eM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $35.50
COLLTER COI]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - CEPM-2Of 90006708
BOARI} OT' COUNTY COMMISSIONERS
coLLfER COIINTY, FLORIDA
Petitioner,
NAPLES MARINA IIOLDINGS LLC,
Respondent.
THIS CAUSE came
for Imposition of Fines/Liens
respective to all appropriate
of the Special Magistrate, as
1. OnJanuary3,2020,
and Ordinances, Chapter
Maintenance Code, Section
vs.
upon the Petitioner's Motion
having heard argument
of Law and Order
of the Collier County Laws
Article VI, Property
commercial building on the
and 22-240(l[b), for having a vacant
exterior wall and roof in disrepair as well
as a broken window and broken door glass on the front and side of the building.
.,
3
4.
This violation occurred on property owned by the Respondent and tocated at 1949 Davis
Blvd., Naples, FL 34104, Folio No. 386160004.
Respondent was ordered to abate the violation on or before January lO,2O2O or a fine of
$250.00 per day would be assessed for each day the violation continued thereafter until
abatement could be confirmed. (A copy of the order is recorded at oR 5719, pG 713).
The violation was not abated for the period from January ll,2o2oto March 6,2020(56 days) and fines accrued at the rate of $250.00 per day for a total fine amount of$r4,000.00.
The violation was not abated as of March 6, ZOZO.
Fines continue to accrue.
Previously assessed operational costs of$111.70 incurred by the county in the originalprosecution ofthis case have not been paid.
5.
6.
was found
16.A.5.b
Packet Pg. 592 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5741 PG 3919
Operational costs incurred by the County for today's hearing are $111.75.
Respondent, having been duly noticed for the public hearing regarding the County's Motion,
was not present at the hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
ITIS HEREBYORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
Daily fines of $250.00 per for the period from January
11,2020 to March 6,Iines to be paid of $14,000.00.
Respondent is operational costs in the
emount of$111.
8
9
Respondent is
$111.75.
Respondent is
subject to Notice of
Collier County,
this
for Collior County
is a true and cofiect
Deputy Cle*
in the amount of
or be
by Respondent in
Collier County, Florida.
COLLTER COUNTY CODE ENFORCf,MENT
SPECIAL MAGISTRATI
c.
(rld.
EAYMEJYT oF FrNES: Any fines ordered to be paid pursuant to this order may be paid at the collierCounty Code Enforcement Division, 2800 North Horseshoe Drive, Naples, rl :+t da, pt "" + (23g) zsz-2440, or.www'colliergov.net. Any release of lien or confirmation of compliance or'infirmation of thesatisfastion of the obligations of this ord.er may also be obtained at this rocation.
ePfptt: Any aggriev?d putty may appeal a final order of the Special Magistrate to the circuit courtwithin thirty (30) days of the execution oiih" ora", appealed. An-ippeal sha'il not be a hearing cle novobut shall be limited to appellate review of the .""o.d "r""t"J-*ittin the original hearing. It is the
for a
of Lien
B.
c.
D.
E.
16.A.5.b
Packet Pg. 593 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5741 PG 3920
responsibility of tlre appealing patty to obtain a transcribed record of the hearing from the Clerk of Courts.
Filing an Appeal will not automatically stay the Special Magistrate's Order.
16.A.5.b
Packet Pg. 594 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
*** oR 5741 PG 3921 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this l Tth day of March ,2020 to Respondent Naples Marina
Holdings LLC,990 Laguna Drive, Venice, Fl34285.
Code Official
16.A.5.b
Packet Pg. 595 Attachment: Backup Docs Naples Marina Holdings LLC (15500 : BCC v. Naples Marina Holdings, LLC)
INSTR 5845508 oR 5741 PG 3918 RECoRDED 3/2O/2A20 10:43 au PAGES 4
CLERK OF THE CIRCUTT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $35.50
COLLTER COUNTY CODE EIIFORCEMENT
SPECIAL MAGISTRATE
Case No. - CEPM-20190006708
BOARD OF' COT'NTY COMMISSIOI\TERS
CoLLIER COITNTY, FLORIDA
Petitioner,
NAPLES MARINA HOLDINGS LLC,
Respondent
THIS CAUSE came
for Imposition of Fines/Liens
respective to all appropriate
of the Special Magistrate, as
l. OnJanuary3,2020,
and Ordinanoes, Chapter
Maintenance Code, Section
vs.
upon the Petitioner's Motion
having heard argument
of Law and Order
)
J
of the Collier County Laws
Article VI, Property
and,22-240(lXb), for having a vacant
commercial building on the exterior wall and roof in disrepair as well
as a broken window and broken door glass on the front and side of the building.
This violation occurred on property owned by the Respondent and located at 1949 Davis
Blvd., Naples, FL 34104, Folio No. 386160004.
Respondent was ordered to abate the violation on or before January 10,2020 or a fine of
$250.00 per day would be assessed for each day the violation continued thereafter until
abatement could be confirmed. (A copy of the Order is recorded at OR 5719, PG 713).
The violation was not abated for the period from January 11,2020 to March 6,2024
(56 days) and fines accrued at the rate of $250.00 per day for a total fine amount of
$14,000.00.
The violation was not abated as of March 6,2020.
Fines continue to accrue.
previously assessed operational costs of$111.70 incurred by the County in the original
prosecution ofthis case have not been paid.
4.
5.
6.
7.
was found
16.A.5.c
Packet Pg. 596 Attachment: Lien Order (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5741 PG 3919
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter I62, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDBRED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
Daily fines of $250.00 per for the period from January
11,2020 to March 6,Iines to be paid of $14,0fi).00.
8
9
B.
c.
D.
E.
Respondent is
amount of $1 11
operational costs in the
in the amount of
or be'owned by Respondent in
Collier Count5r, Florida.
COLLTER COUNTY CODE ENFORCBMENT
SPECIAL MAGISTRATE
C.
Respondent is
$111.75.
Respondent is
subject to Notice of
Collier County,
this
is a true and coffect
DEuly Clerlt
bY\
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 341A4, phone # (239) 252-
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo
but shall be limited to appellate review of the record created within the original hearing. It is the
for a
of Lien
Operational costs incurred by the County for today's hearing are $111.75.
Respondent, having been duly noticed for the public hearing regarding the County's Motion,
was not present at the hearing.
16.A.5.c
Packet Pg. 597 Attachment: Lien Order (15500 : BCC v. Naples Marina Holdings, LLC)
oR 5741 PG 3920
responsibility of the appealing pary to obtain a transcribed record of the hearing from the Clerk of Courts.
Filing an Appeal will not automatically stay the Special Magistrate's Order.
j:'"{
16.A.5.c
Packet Pg. 598 Attachment: Lien Order (15500 : BCC v. Naples Marina Holdings, LLC)
16.A.5.d
Packet Pg. 599 Attachment: Signed Release of Lien (15500 : BCC v. Naples Marina Holdings, LLC)