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Agenda 06/08/2021 Item #16A12 (Release of Code Enforcement Liens for Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC, Santa Barbara Landings Property Owners Assn, Inc.)06/08/2021 EXECUTIVE SUMMARY Recommendation to approve the release of code enforcement liens with a value of $30,915.00 for payment of $4,745.00 in the code enforcement actions titled Board of County Commissioners v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC, Santa Barbara Landings Property Owners Assn Inc., Code Enforcement Special Magistrate Case Nos. CEEX20090003795, CEEX20110000460, and CEEX20110009481, relating to property located at 201 Santa Clara Drive, Collier County, Florida. OBJECTIVE: For the Board of County Commissioners to accept an offer to release three code enforcement liens, with an accrued value of $30,915.00, for payment of $4,745.00 in relation to Code Enforcement Special Magistrate Case Nos. CEEX20090003795, CEEX20110009481, and CEEX20110000460. CONSIDERATIONS: As a result of code violations at 201 Santa Clara Drive, consisting of litter, wood, glass, plastic, and other putrescible waste, the Code Enforcement Special Magistrate imposed three liens on the property due to the underlying health, safety, and welfare issues. The lien in Case No. CEEX20090003795, for putrescible waste on the ground, including used diapers and non-containerized food, was recorded in the Official Records on April 30, 2009, at O.R. Book 4448, P age 0932. The lien amount of $5,055.00 is based on $5,000.00 imposition of fines, plus $50.00 in operational costs, and $5 administrative fee, totaling $5,055.00. The lien in Case No. CEEX20110009481, for putrescible waste on the ground, including but n ot limited to: used diapers, food, cardboard, glass, plastic, soiled clothing, wood, toilets, tv’s, and other furniture items, was recorded in the Official Records on August 19, 2011, at O.R. Book 4712, Page 399. The lien amount of $25,055.00 was based on $25,000.00 imposition of fines, $50.00 in operational costs, and $5.00 administrative fee. The lien in Case No. CEEX20110000460, for putrescible waste in front of the building, causing a health, safety, and welfare issue, was recorded in the Official Records on October 21, 2008, at O.R. Book 4402, Page 1200. The lien amount of $805.00 is based on $750.00 imposition of fines, plus $50.00 in operational costs, and $5.00 administrative fee, totaling $805.00. 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. In 2012, the homeowners of Santa Barbara Garden Lakes and Santa Barbara Landing filed legal action to gain control of both homeowners’ associations. They were unaware of the extensive debt and liens that were incurred and ignored by the developer during the recession. The associations have spent a significant amount of time, money, and resources to pay outstanding bills, defend lawsuits left by the developer, avoid foreclosure, abate the violations, maintain, repair, and oversee common areas of the property, while spending time raising funds to make deferred property repairs. The property is being actively maintained and $4,745.00 has been paid in settlement of fines. Granada Lakes Villas Condominium Association, Inc., and Santa Barbara Landings Property Owners Association, Inc., are requesting a waiver of $26,170.00 in accrued fines. There are currently no known violations. FISCAL IMPACT: Payment of $4,745.00 in settlement of fines and costs has been made. If approved by the Board, accrued fines in the amount of $26,170.00 would be waived. 16.A.12 Packet Pg. 661 06/08/2021 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board’s policy contained in Resolution 2012-46. -CAK RECOMMENDATION: To waive the fines in the amount of $26,170.00, accept payment amount of $4,745.00, release the liens, and authorize the Chairman to sign the attached releases and satisfaction of liens for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Owner Letter (PDF) 2. Backup documents (PDF) 3. Lien Orders (PDF) 4. Executed releases (PDF) 16.A.12 Packet Pg. 662 06/08/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 15777 Item Summary: Recommendation to approve the release of code enforcement liens with a value of $30,915.00 for payment of $4,745.00 in the code enforcement actions titled Board of County Commissioners v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC, Santa Barbara Landings Property Owners Assn Inc., Code Enforcement Special Magistrate Case Nos. CEEX20090003795, CEEX20110000460, and CEEX20110009481, relating to property located at 201 Santa Clara Drive, Collier County, Florida. Meeting Date: 06/08/2021 Prepared by: Title: – Code Enforcement Name: Dana Rarey 05/04/2021 10:19 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 05/04/2021 10:19 AM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 05/07/2021 12:55 PM Code Enforcement Colleen Davidson Additional Reviewer Completed 05/11/2021 12:37 PM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 05/11/2021 3:47 PM Growth Management Department James C French Additional Reviewer Completed 05/11/2021 7:57 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/12/2021 9:19 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/12/2021 11:00 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/21/2021 4:05 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/28/2021 2:04 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM 16.A.12 Packet Pg. 663 GRANADA LAKES VILLAS CONDOMINIUM ASSOCIATION, INC. AND SANTA BARBARA LANDINGS PROPERTY OWNERS ASSOCIATION, INC. January 29,2021 Iliana Burgos Collier County Code Enforcement And Board of County Commissioners 2800 N. Horseshoe Dr. Naples, FL 34104 RE: Code Enforcement Citations & Liens: PU4438, 4435,3834, 3838, 4730 for Trash Issues Santa Barbara Garden Villas, LLC Santa Barbara Landings Property Owners Association, Inc. Dcar Ms. Burgos and Commissioners: During this past year we were made aware of several outstanding Collier County Code Enforcement Liens against Santa Barbara Landings and subsequently Granada Lakes Villas Condominium during the sale and title search process of several condominium units at Granada Lakes Villas. Granada Lakes Villas is located at the SE corner of Radio Road and Santa Barbara Blvd and is comprised of 248 condominium units in l6 buildings. The community provides work force housing for its owners or tenants in one or two bedroom condominium uniti. The property was originally developed as Santa Barbara Landings Apartments in 1987 and in 2005 it was sold to a Developer from Miami, who subsequently converted the apartments to condominiums in 2006. Santa Barbara Garden Villas became the Developer of record and fot:med Granada Lakes Villas Condominiums to own the actual condominium units and Santa Barbara Landings Property Owners Association to act as the Homeowner Association and oversee the common elements - clubhouse, pools, trash, landscaping, etc. During the ensuing recession, the unit sales collapsed and the Developer failed to accept responsibitity for the financial affairs of the Associations, while maintaining control over the Associations. Eventually by 2012 the Homeowners were able to force the Developer to turnover control of the property tt the them, which gave them control of both Associations. At the same time the Developeris Bank was foreclosing on their remaining units. During this period prior to the 2Ol2 turnover, bills were not paid, the grass was not cut and the pools were closed. The homeowners at Granada Lakes and Santa Barbara Landings spent the next 4 years under the financial burdens of paying outstanding bills and defending a lawsuit against the Developer. while at the same time raising funds to make the deferred repairs to the property. 145 SANTA CLARA DR NAPLES, FL 34104 HeatherK@cam brid geswf l.com (239) 206-2678 16.A.12.a Packet Pg. 664 Attachment: Owner Letter (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) Four of the five above outstanding code enforcement liens occurred during 200g and 2009 and were filed directly against the development entity, santa Barbara Garden Villas, LLC, located in coral Gables (Miami), FL. I cannot even tell you if Granada Lakes villas or santa Barbara Landing were aware of the legal action of the liens. obviously, the actual trash issues were rectified. The fifth lien was filed in 201I against Santa Barbara Landings, but again this was while the Developer still maintained control over the Association. Further, the actual trash issue was again ultimately resolved. Both Granada and Santa Barbara today remain controlled by the homeowners who are very diligent about resolving any issues within the community and continue to make improvements as needed. We request Collier County to consider accepting a settlement and satisfaction ofthe outstanding Code Enforcement Liens in consideration of$5,000 in total for all operational and administrative costs incurred and reduced fine amounts. This is just another left over liability from the Developer and it truly shouldn't be charged to the homeowners at Granada Lakes villas. They have already paid enough to repair the damages done by the Developer and should not be penalized further. Thank you for your consideration and we look forward to your response and will be available to answer your questions or comments. Sincerely, Frank W. Cooper, President Granada Lakes Villas Condominium Association Inc. Santa Barbara Landings Property Owners Association, Inc. 16.A.12.a Packet Pg. 665 Attachment: Owner Letter (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) a^ Santa Barbara Villas LLC. Santa Barbara Garden Vil las LLC. Senfa Rqrh araLendinoq (-)rrrncrq A ccn Inr. 201 Santa Clara Drive, Naples FL Folio # 00400200002 Litter Citations CE8X20090003795 - PU3834 BCC vs. Santa Barbara Granada Villas, LLC Waste on ground Order Items: $5,000.00 fine, plus $50 operational costs, plus administrative fee of $5.00 Total Fines: $5,055.00 FOF Order OR 4448/PG 0932 recorded on 4/30/09 Total Fines Owed: $5.055.00 CEEX20f 10000460 - PU4438 BCC vs. Santa Barbara Garden Villas LLC Waste in front of building Order ltems: $750.00 fine, plus $50.00 operational costs, plus administrative fee of $5.00 Total Fines: $805.00 FOF Order OR 4402lPG 1200 recorded on I 0121108 Total Fines Owed: $805.00 CEEX20f 10009481 - PU4730 BCC vs. Santa Barbara Landings Property Owners Assn Inc Waste on ground Order ltems: $25,000.00 fine, plus operational costs of $50.00, plus administrative fee of $5.00 Total Fines: $25,055.00 FOF Order OR 47l2lPG 399 recorded on 8/19/ll Total Fines Owed: 525.055.00 Deed recorded on I 1l0ll05 16.A.12.b Packet Pg. 666 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) Fines for owner: $30.915.00 [$30.750 fine + 165 costs) Offer of settlement: $4,745.00 ($4,580 + $165 operational costs) OWNER with Hardship ACCRUED VALUE: PAYMENT OF: TOTAL FINES TO BE WAIVED: $0,9rs.00 $4.745.00 $26.170.00 AIso paid ($255), for a total of$5,000.00 (no Iien/order): CE8X20090015361 - PU4435 issued 9/2/08 to Santa Barbara Garden Villas LLC Waste on ground Citation amount: $255.00 (No lien) 16.A.12.b Packet Pg. 667 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-2s2-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paidr Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description PU Citation Fee Administrative Fee (5) Operational Costs (SM) Citation Fee Administrative Fee (5) Administrative Fee (5) Operational Costs (SM) Administrative Fee (5) Operational Costs (SM) 2027434002 2021-031935 04/75/2O2t $s,420.00 Pavment Method check Reference Number AlinaHarris 9982 jenniferwaldron Amount Paid $s,000.00 check Number ool773 $s,000.00 $0.00 SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSN INC 145 SANTA CLARA DR NAPLES , FL 34104 cEEX20090003795 cEEX20090003795 cEEX20090003795 cEEX20090015361 cEEX20090015361 cEEX20110009481 cE8X20110009481 cEEX20110000460 cEEX20110000460 473-7734L6-35r473 111-138911-354207 111-138911-343922 111- 138911-354201 111- 138911-354207 111- 138911-354207 111- 138911-343922 111- 138911-354207 111- 138911-343922 Orioinal Fee $ 5,000.0 0 $s.00 $ s0.0 0 $2s0.00 $s.00 $s.00 $ s0.00 $s.00 $ s0.00 Amount Paid $4,580.00 $ s.00 $ s0.00 $250.00 $s.00 $s.00 $ s0.00 $s.00 $ s0.00 GL Account Cashier Name: Batch Number: Entered By: 16.A.12.b Packet Pg. 668 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) GRANADA LAKES VILLAS CONDOMINIUM ASSOCIATION, INC. AND SANTA BARBARA LANDINGS PROPERTY OWNERS ASSOCIATION, INC. January 29,2021 Iliana Burgos Collier County Code Enforcement And Board of County Commissioners 2800 N. Horseshoe Dr. Naples, FL 34104 RE: Code Enforcement Citations & Liens: PU4438, 4435,3834, 3838, 4730 for Trash Issues Santa Barbara Garden Villas, LLC Santa Barbara Landings Property Owners Association, Inc. Dcar Ms. Burgos and Commissioners: During this past year we were made aware of several outstanding Collier County Code Enforcement Liens against Santa Barbara Landings and subsequently Granada Lakes Villas Condominium during the sale and title search process of several condominium units at Granada Lakes Villas. Granada Lakes Villas is located at the SE corner of Radio Road and Santa Barbara Blvd and is comprised of 248 condominium units in l6 buildings. The community provides work force housing for its owners or tenants in one or two bedroom condominium uniti. The property was originally developed as Santa Barbara Landings Apartments in 1987 and in 2005 it was sold to a Developer from Miami, who subsequently convefted the apartments to condominiums in 2006. Santa Barbara Garden Villas became the Developer of record and formed Granada Lakes Villas Condominiums to own the actual condominium units and Santa Barbara Landings Property Owners Association to act as the Homeowner Association and oversee the common elements - clubhouse, pools, trash, landscaping, etc. During the ensuing recession, the unit sales collapsed and the Developer failed to accept responsibility for thi financial affairs of the Associations, while maintaining control over the Associations. Eventually by 2012 the Homeowners were able to force the Developer to turnover control of the property to the them, which gave them control of both Associations. At the same time the Developer;s Bank was foreclosing on their remaining units. During this period prior to the 2012 turnover, bills were not paid, the grass was not cut and the pools were closed. The homeowners at Granada Lakes and Santa Barbara Landings spent the next 4 years under the financial burdens ofpaying outstanding bills and defending a lawsuit against the Developer, while at the same time raising funds to make the deferred repairs to the property. 145 SANTA CLARA DR NAPLES, FL34104 (2391206-2678 HeatherK@cambrid geswfl.com 16.A.12.b Packet Pg. 669 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) Four of the five above outstanding code enforcement liens occurred during 200g and 2009 and were filed directly against the development entity, santa Barbara Garden villas, LLC, located in coral Gables (Miami), FL. I cannot even tell you ifl Granada Lakes villas or Santa Barbara Landing were aware of the legal action of the liens. obviously, the actual trash issues were rectified. The fifth lien was filed in 20ll against Santa Barbara Landings, but again this was while the Developer still maintained control over the Association. Further, the actuil trash issue was again ultimately resolved. Both Granada and Santa Barbara today remain controlled by the homeowners who are very diligent about resolving any issues within the community and continue to make improvements as needed. Thank you for your consideration and we look forward to your response and will be available to answer your questions or comments. Sincerely, Frank W. Cooper, President Granada Lakes Villas Condominium Association Inc. Santa Barbara Landings Property Owners Association, Inc We request Collier County to consider accepting a settlement and satisfaction ofthe outstanding Code Enforcement Liens in consideration of$5,000 in total for all operational and administrative costs incurred and reduced fine amounts. This is just another left over liability from the Developer and it truly shouldn't be charged to the homeowners at Granada Lakes villas. They have already paid enough to repair the damages done by the Developer and should not be penalized further. 16.A.12.b Packet Pg. 670 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) Burgoslliana Sent: To: Cc: From:Burgoslliana Wednesday, April7,2021 9:22 AM 'fcproperties@comcast.net' DavidsonColleen; KeeganThomas; SanchezAlberto; 'HeatherK@cambridgeswfl.com' RE: Santa Barbara Landings - Granada Lakes Villas - Trash Liens - Update Good morning Mr. Cooper, The offer of settlement in the amount of 55,000.00 had been accepted as the recommendation for BCC approval ($4,745.00 to release the liens for citations PU 3834, PU 4438, & PU 4730, + 5255 for unpaid PU 4435). Once the payment is received, we will continue to move forward with seeking BCC approval to reduce the fines and release the liens. ltems that are added to the Board of County Commissioners' meetings are reviewed by 5 levels including the County Attorney's Office and the County Manager's Office. Any item can be pulled from an agenda at any time. Please forward the payment at your earliest convenience. Checks are made payable to Collier County Board of County Commissioners {CCBCC) and sent to address below. Please contact me if you have any questions. Respectfully, lliana Burgos Operations Supervisor s&"m Collier County Code Enforcement Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-6865 I liana. Burgos@colliercou ntvfl.eov NOTE: Email Addrers Hos Chonged 'HOW ARE WE DOING?" Pleose CLICK-AERE to fill out a CUSTOMER SURVEY, we appreoiate gour feedback! Code Inforcenrent Mlssion Statenrent: "Ta pratect thr: heulth, safvty, and wtlfarc of Collier Counly residents ond vlsifors thraugh educatictn, caoperatian, ond complionce" Under Florida Law, e-mail addresses are public recoriis. lf you do not want your e-rnarl adclress rtleetsed in response tr: a pul:lic records reque$t, do not serrd electronic rnail to this entity. lnstead. contact this ollice *y tel*phone or irr writittg. From: Burgoslliana Sent: Thursday, March 25,2O2'J' t2:27 PM Subject: 1 16.A.12.b Packet Pg. 671 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) Burgoslliana From: Sent: To: Cc: Subject: Attachments: Burgoslliana Tuesday, April 6, 2021 2:43 PM OssorioMichael DavidsonColleen FW: Santa Barbara Landings Settlement offer Code Enforcement Letter 1 -29-21.pdt Good afternoon Mike, PU agrees with the settlement. Thanks Respectfully, lliana Burgos Operations Supervisor Sxffit"gyry Collier County Code Enforcement Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 239-2s2-5865 "HOW AnE WE DOTNG?" Please CLICK HERE to fill out a CUSTOMER SURVEY. We oppreciate your feedback! ccfi p?rd tiln, a nd c* ri ys i ia n *:* " Under Fiorida Law, *-maii addresses are public rscoru$ l{ you do not want yoirr e+narl addre ss rele*sed in response to * priblic r€conis request do nat send eieclronic maii to thi$ enlily. lnstead. cintact tilis oftJce by lelephotte or in writing. From: SanchezAlberto <Alberto,Sanchez@colliercountyfl.gov> Sent: Tuesday, April 6,202t 1:57 PM To: Bu rgosl I ia na < I I ia na. Bu rgos@ col I ie rcou ntyfl.gov> Cc: KeeganThomas <Thomas. Keega n @col liercountyfl.gov> Subject: RE: Santa Barbara Landings Settlement offer Hello, Please below, Hello Al, 1 W 16.A.12.b Packet Pg. 672 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) I have no concerns with Mr. Ossorio accepting. I have also discussed with PUD Financial Support Director, who concurs with the acceptance by the Code Director. Res.pectfully, KARI Kari Ann Hodgson, P.E. Division Director Respectfully, jW/o,rr,, &YD Q/,*,, r/u, Face Certified Level 1,2,3 and 4, B. S., S.C' Solid & Hazardous Waste Management Division Collection Manager C,,ov*tty Public Utilities Department Solid & Hazardous Waste Management Division Mission Stotement: "To protect the heolth, safety, and welfare of Collier County residents ond visitors through education, coope ration, ond comPl io nce." 3339 TamiamiTrail E, Suite 302 239-252-5539 Alberto.sanchez@colliercountvfl.sov w@m From : Burgosl I ia na <l I ia n.a. Burgos @col I ielcou ntyf l. gov> Sent: Monday, April 5,202111:38 AM To: Sa nchezAl berto <Al bg_fto. Sa nchez @ co I I ie rco u ntvf l.eov> Subject: Santa Barbara Landings Settlement offer Good morning Al, As per Resolution 2012-46, which allows the Code Enforcement Director to recommend settlement of code enforcement liens, for Board of County Commissioners approval, Mike Ossorio has reviewed and agreed to move forward with the settlement as offered by Mr. Cooper in the attached letter. Our director is requesting to have your director review as well, and approve before we continue the process. Please contact me if you have any questions 2 Respectfully, 16.A.12.b Packet Pg. 673 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) lliana Burgos Operations Supervisor *&.*xr Collier County Code Enforcement Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 239-2s2-686s l liana. Bursos@colliercou ntvf l.gov NOIE: Emqil Address Hos Chonged 'HOW ARE WE DOING?" Pleose CL!9-K.I!FS-E to fill out o CUSTOMER SURVEY. we appreciate gour feedbackt Code Enforcement Mission Statement: "Ta protect the health, sofety, *nd welfare of Callier County residents and visitors through education, cooperatictn, and campliance" Under Florida Law, e-mail addresses are public records. lf you do nol warrt your e-mail address released in response to a public records request. do not send electronic mail to this enttty. lnstead, contact this office hy teiephorre crr rn writing. 3 16.A.12.b Packet Pg. 674 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) letn: u?t0-0t t tnil c0 It0l ?oict Dt Ltfl ILYD eoru qtilt tt 3il3t 3724tlg 0R: 3920 pG: l{D ..ffenlcororo la the oltlcru n!cotr,8 of c0r[Itt coux?t, tr,l0t ll/0t/2005 ar tt:3eu orrem i, BiociIiid-' uc nt 69.50 3598744 0R: 3777 PG: 3934 RtcoRDtD ir onIcIAt RXcotI}s of c(IllIBt couxil, p[ 0Ul9/2005 at ll:28ilt DIIcffi E. BR0Ctr, CIXRI c0[$ 25750000. 00 Rtc tBt 69,50 Doc- . ?0 t802t0.00coll[s 16,00 Re,o: lllsc 3'oo t{lllo DDt IIlI,t CoilPtm l{01 Poic! Dt LtoI EtvD l{01 comt $ttt$ !t 331il April, 2005, by Btue Bett- address is I156 Dimock Lane, 1.3 IJ '<o fr) Fl H Fi zo &o&# E] v) g,rl2 f!: H&Ua d E<U E]&&oU o tJ o !5xc)Dor){tE{a&yEl A9()ZN-rA 4DrlE nEa{ f&aO a2to )H JE<)Al)Hil OU1A : frlr4J Prepared by and return to: Matthew J. Swett, Esquire Pepper Hamilton LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphi4 P A 19103 -2799 Grantee EIN No: THIS WARRANTY Meridlan Partners, Ltd., a I I Property Appraiser's Parcel ID #:0400200002 (part o0 Naples, Florida 33 I l0 a limited liability company,whose post office address is 401, Coral Gables, Florida 33 134("Grantee"). (Where shall be construed as singular orplural as the context requires.) TYITITESSETE that the of the sum of TEN AND 00/100DOLLARS ($10.00) and other good and to Grantor in hand paid by Grantee, thercceipt whereof is hereby aoknowledged, has granted,bargained and sold to the said Grantee andGrantee's heirs and assigns forever, the following described land, situate, lying and being in the Countyof Collier, State of Florida, to wit: SEE E)fiIBIT (A'AT"TACITED IIERETO AND MADE A PART HEREOF (the sProperry,). Property Appraiser's Parcel ID #:0400200002 Subject to: (a) ad valorem real properly taxes for the year 2005 and subsequent years; and (b) those matters set forth on Exhibit *B'attached hereto and made a part hereof. TOGETI{ER with all t}e tenements, hereditaments and appurtenances thereto belonging or inanywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND this conveyance is,further subject to those certain easements, covenants, restrictions, roseryations, and conditions as set forth on Exhibit "C" attached hereto and made a part hereof. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of saidIand in fee simple; that the Grantor has good right and lawful authority to sell and conlrey this lanJ; that Y FORM- Ponce de Leon the terms PHLEGAIT #17t6276 v2 (l0s@cO2!.DOCl 129623-2 I 16.A.12.b Packet Pg. 675 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 0R: 3777 PG: 3935 the Grantor hereby fully warrants the title to the land and will defend the same against the lawful claimsof all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set his or her hands and seal the day andyear first above written. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COI.INTY OF COLLIER The by limited liability partnership, who evidence of identifi cation. (SEAL) My Commission Expires: GRANTOR: BLUE BELL-MERIDIAN PARTNERS, LTD., a Florida limited partnership , General partner By: BBMP, LLC, a Florida limited liability company f, I 2005, FloridaLLC, A IJ.ID., a Florida limited o = rrOt7 (^, r.C,lvo f€6) nr.q 4 lJ (Type or Print) as ..,:'"'k r l.::,: l"*r$lj Aflnette N. Brennan Commission #DDl9l986 Expircs: Apr 25,2007 Bonded Thru Atlantic Bonding Co., lnc. 2 meor( )has of PHLEGAT: f 1716276 v2 (lG@c02!.DOC) I 2!]623-2 / 16.A.12.b Packet Pg. 676 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) t*t gp. 3777 PG: 3941 ii* STATE OF FLORJDA coLNrY op*{}{kP"a" ) ) ) ss, Garden a (sEAL) My Commission Expires: NOTARY Prin0 t of, ;\CDt\,e>.€ 9.) rFo7 E MY coMlflSsoN 8drd.d Pllh PHLEGAL: #l?16276 v2 (lOs@O2t.DOCl t2g6l3-2 SOCORRO ) has 1 3th of April 16.A.12.b Packet Pg. 677 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 0R: 3920 PG: 1{06 EXHIBIT ''A', gffifftr':fffi,l*mrr*u.ffi ' ) 3H$+ESLPrrirrr-[ri3{_liT^lxrT.ar^#?ficR€ss EASEMENT Lyn{c 12 FEEr EAc$ spE or nE tegal Description curvc.concove Northeost,from;thence run North West holf of to o poht on o cbcrfor dhtancc of ,3.t0 f..t through 55'11',og" o centrcl ongle of o rodlur of 7J.16 of North run tlatr 00!O'00Tast ot ?257 fcct to o o thoncc run thcrc foct poht on 65.22 West,for o distoncefor g distonce of 125.77 run o circulor curve, concoveleet there from; thence r o dbtoncc of horhg o rodur of fcct ot o boctrg oft{*th 6937t7F of 104.54 frct to o dlrtoncotoo rodius ol 6t.73 fcct ot o bcorhgcrr$ lhcrcc run l{orthlfrrt hr o datoncc of llJ.0S,t thsrcc run South 01!2'59'o drltsrc! of {ir9.3a f.Gt to 56rfi)'{2' llcrt. o tttc rlght, hovlng n+-rygltl 88'+9't4' Eosr. otongof 65&08 fcct to thc poht of chord NorthtrGst (or o dlstoncc of North 5'4{34' thc 47.81 4, Tomdrb 50 South, of Scctbn ,t lxc.t , dong thc drtcrcc ofll.toro 16.A.12.b Packet Pg. 678 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 0R: 3777 PG: 393? E)CIIBIT'B' PER]VIITTED EXCEPTIONS l. Right-of-Way Easement in favor of Collier County, a political subdivision of the State of Florida, as set forth in instrument recorded in Official Records Book I 136, Page 2334. 2. Easement(s) in favor of Collier County, a political subdivision of the State of Florid4 as set forth in instrument(s) recorded in Official Records Book I 153, Page 1378. 3. Restrictions, covenants, easements and conditions contained in Riglrt-of-Way Map, recorded in Official Records Book 12 I 4, Page I 533 of the Public Records of Collier County, Florida. 4. Easement(s) in favor of Florida Power & Light Company as set forth in instrument(s) recorded in Official Records Book 1229, Page 1786. 5. Easement(s) in favor of Board of Collier County, Florida Ex-Officio the Governing Board of County County, Florida and Collier County, Florida a political suMivision Records Book 1264, Page 1642. instrumen(s) recorded in Official 6. Easement(s) in favor County, Florida Ex-Offrcio of , Florida and Collier County, recorded in Offrcial Records Book 1264, Page I 7. Easement(s) in favor Official Records Book 1293, in instrument(s) recorded in 8. Tcrms, conditions and and Reciprocal Easement and Maintenance Agreement by and between Partnership and Wildwood Estates Joint Venture and Eastridge Partners, LTD., recorded Records Book 1436, Page 14, as affected by that certain Partial Cancellation of Mutual and Reciprocal Easement and Maintenance Agreement recorded in Official Records Book 1845, Page 1237. 9. Terms, conditions and provisions of that certain Utility Facilities Warranty Deed by and between Santa Barbara Landings Partnership, a Florida general partrership and the Board of County Commissioners of Collier County, Florida" as the Governing Body of Collier County and Ex-OfIicio the Governing Board of County Water-Sewer District, recorded in Official Records Book 1794, Page 1010, together with Bill of Sale recorded in Official Records Book I 794, Page l 007. NOTE: AII of the recording information contained herein refers to the Public Records of Collier County, Florida, unless otherwise indicated, and does not intend to reimpose same. / oF ;(t,N'e ;E 9-: rFo€ / 4 of Florida Power & Light PHLEGAL: 11716276 vZ (l0s@c02l.DOC) 129621-2 16.A.12.b Packet Pg. 679 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 0R: 3777 PG: 3938 EXHIBTT 6C' EASEMENTS, COVENAiITS, RESTRICTIONS, RESERVATIONS, AllD CONDITIONS Grantor hereby declares and Grantee agrees for itself, its successors and assigns, that title to the Property is subject to the following easements, covenants, restrictions, reservations, and conditions subsequent which shall run with the Property and shall be binding upon all parties having any right, title or interest in and to the ProperQr, or any portion thereof, their successors and assiglts and shall inure to the benefit of Grantor, its successors and assigns, The title to the Property conveyed under this deed is conveyed subject to, and shall be held, sold and subsequently conveyed subject to, the following casements, covenants, restrictions, reservations, and conditions subsequent. l. Expression of Intent. Following the conveyance by Grantor to Grantee, Grantee will retain ownership ofan approximately 7.0 acre parcel ofreal property located adjacent to and to the south ofthe Property. The real property retained by Grantor is legally described as follows: That portion of the West half of the West half of the Northwest quarter of Section 4, Township 50 South, Range 26 East,Florida being more particularly described as follows: Beginning at the of the West half of the Northwest quarter of Section 4,County, Florida; thence run North 0l'00'26" West, quarter ofsaid Section , West half of the Northwest South 76"l3'5l" West for a distance of 82.23 feet North 5o44'34" East, whose radius point bears Northwesteily along the arc of a curve to the right,angle of38"0E'34", subtended by a chord feet to the end ofsaid thence run south 35o3 West, for a distance of 48.70 a distance of 125.77 feet; on a circular curve, concave Northwest a distance of 65.22 feet there from; thence run to the right, having a radius of 65.22 feet through a a chord of 54.63 feet at a bearing of South 85o37'14 West, for end of said curve; thence run North run Westerly, along the arc of said56'29'42" West, a distance of 52 curve to the right, having a radius of 52.77 feet, through a central angle of I 0 I o32' I 8", subtended by a chord of 8l .75 feet at a bearing of South 84"16'27" West, for a distance of 93.5 I feet to the end of said curve; tlence run North 48"37'36" West for a distance of 88.05 feet thence run South 8857'22" West for a distance of I 13.05 feet to a point on the West line of the Northwest Quarter of said Section 4; thence run South 01"02'39" East, along the West line of the Northwest quarter of said Section 4, for a distance of 439.34 feet to the Southwest corner of the Northwest quarter of said Section 4; thence run North 8Eo49'14" East, along the South line of the Northwest quarter of said Section 4, for a distance of 658.08 feet to the point of beginning; containing6.T4 acres, more or less (the "Retained Property"). The easements, covenants, restrictions, reservations, and conditions set forth herein are intendgd to preserve legal and practical access to the Retained Property and to also allow for utility connections necessary to serve future development of the property. Grantor intends for future development of the Retained Property, which future development would utilize all easements referenced herein. 2. Access Easement. Grantor hereby reserves for the benefit of the Retained Property a perpetual, appurtenant, non-exclusive access easement for vehicular and pedes&ian ingress and egress to, from, and between the Retained Property and the public rights-of-way of Santa Barbara Boulevard and / o =(^t10N'e ?ct 9.) .fo*/ 5 ,724E0. line of the for a distance point bears along the arc 54", PIil.EGN-: tl? 16276 v2 (t0s@o02!.DOC\ 129623.2 16.A.12.b Packet Pg. 680 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 0R: 3777 PG: 3939 Radio Road on, over, upon and across any and all driveways, access ways, entrances, exits and curb cuts, together with all sidewalks and walkways which may, from time to time, be located on the Property to be used in common witl Grantee, its successors and assigrs (the "Access Easement"). Further, Grantor nos€ryes the righg at its sole cost and exponse, to connect, tie and/orjoin in to any driveways, access ways, sidewalks and wallsrays existing on the Property to provide the vehicular and pedestrian access contemplated herein. Grantee shall grant and convey to Grantor, upon the request of Grantor, any temporary construction easements reasonably necessary to complete the forgoing connections. Grantor, as well as Grantor's employees, tenants, invitees, licensees, agents, and/or successors in title shall have the right to cause pedestrians and motorized and non-motorized vehicles to use the Access Easement. Grantee, its successors, assigns and successors in title, agre€ not to build, conshuct or place, nor permit others to buil{ constuct or place, any buildings or other structur€s or improvements in such a manner that the same may interfert with the exercise by Grantor of the rights resenired hereunder. 3. Relocation of Driveways. Subsequent to the recording of this Deed, Grantee shall not hereinafter relocate, remove, obstruct, close or modi! the location of any driveways, access ways, entrances, exits and curb cuts now or hereinafter existing or serving the Property without the prior written consent of Grantee, which consent may be withheld in the sole and exclusive discretion of Grantee. 4. Utility Easement.the benefit of the Retained Property a perpetual, appurtenant, easements (both public and including, without limitation, shall have the right, at its sole television. Further, Grantee in to or expand any utility lines now or hereinafter located on convey to Grantor, upon the request of Grantor, any to complete the forgoing connections or expansions.in title, agree not to build, consbuct or place, nor permit or other structures or improvements in such a by Grantor of the rights reserved hereunder including the 5. Maintenance.to maintain any and all utility and access improvements installed on tlre shall have the sole responsibility to through all utility lines and utility ' on the Property for all utilities constnrcted on the Property; provided that utility improvements installed or made by maintain any and all access and utility Grantor shall have the responsibility r / o =(-, \C)T\,e FrctI rfe\o / to maintain any access or Grantor on the Property to connecf join or tie in to the Grantor's improvements and which improvements solely beneFrt the Retained Property. If Grantee fails to perform in a timely manner the maintenance obligation imposed by this Agreemertt Crantor shall be entitted to noti! Grantee in writing speci$ing the deficiency and the action required in order to eliminate the deficiency. Except in the event of an emergency as hereafter provided, Grantee shall have a period of twenty (20) days after receipt of said writtcn notice in whioh to conect the alleged deficiency, or such longer period of time, not exceeding sixty (60) days, as may reasonably be necessaty ifthe deficiency is not reasonably suscepfible to cur€ within said twenty (20) day period and provided that Grantee commences corrective action within ten (10) days after receipt of said written notice from Grantor and thereafter diligently pursues corrective action to completion in a diligent and continuous manner. If Grantee fails to commence and diligently pursue and complete the required corrective action as hereinabove set fortfu then Grantor shall have, and Grantee hercby grants and conveys, in addition to all other availablc rights and rcmedies, the right and authority and easement for such purposes on the part of Grantor and Crantor's employees, aontractors and subcontractors to enter upon the Property (if necessary) in order to perform appropriate corrective action to eliminate the deficiencies specified in the written notice from Grantor. The costs incurred by Grantor shall be due and 6 now and in electricity, of utility the sole the same may PHLEGAL: #l 7 16276 v2 ( I0s@c{2l.DOC) 129621-2 16.A.12.b Packet Pg. 681 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) ' 0R: 3TT7 pG: 3940 payable by Grantee' Y:ltll-t*d-ingrhe foregoing in the event of ary oncrgcocy affecting the any;'.::Tfi*11?" I[:lr:l': on ttre-rropertv"'ilt a;;iffiff ud* ;; *;il,a;sewices,o."*;.,"r;i'i.ll"Iff*lilJ'#f,*Iffi il:H:rffiabate such damage ot iolury "t to "'oiarr "i#;*r, interference; provlled tiar (i) Gr,rtor shatt anemptto give Grantee such otioinotl"t * " p,"",""ule under trre circuisail (which notice may bc orar);fii$']fit##|;: m xi;x';i*": #"'**,,*,, ;;;;;;;-to p,revcnt such damage or "r",,J.*rffi ;ffiJi:,ffi i,:tffi,mcontained in this Exhibit 'c- orttrls Sffio-ir"o. Granree,s rcocprancc ofrhb wananty tlcd shall beconclusive evidence of said.agrccmeni'u"ii"-i" t p"ni*. c*rt* .iE r,r"r"s sroqsors or assigns shart*::r1" right to enforce tJ**i"-"-t",;;;", nsrictions rcscrwriom, rnd conditions comained not be assigrs, E. of competent provisions, all of which shall in wholc or in part by any court 6e validity of the remaining v , LLC;comPany If invalid SIGNEDSEALEDAND IN THE PRESENCE OF: / r+ 'C'Co =(4,\oF\.,o t 5.) .f o 'C'C7 PHLEOA!; I t ?t6276 v2 (!o.@2|.DOC ) t296:.l,A 7 holding shall in conscnt of Granbr, its successorc and/or 16.A.12.b Packet Pg. 682 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) a (ULl,lE&..iUlNlY-PU&etrfjtr!!11ff $ c$&Hgai PU ':i 'l 'l Ita s.d*drrrr{ {€Sk rd#{ r$tt }&}lr b* rryi$*i* N r lq4r.s rtf 'i!*tDrrffir{S s{r*rd} *s ffir*rd k rt$firry? !*x* ldtx ,} I ji,..- &t ttr xil fort' dI .-.. qx ot l,..hr I Hi Er r-,*itrara ttx rary( {rl3&r el&{ l0 !h|l ulte*$ qa rJr clrdc *d* d D* o{A*rrryil ir*l lf tll:q#rtrd*A a.r&tr l,* E *rBd l$*rlil r. j iburfAtm r .'i'r'ir I t--:-'':-:--]-*-'* ? r,,l:i,!*, t xl*is m, idE t I qtrtq qfir3* I |*(S* ir$ff th fa{{rlU*r r$la lo&tt { ser rl frli ffitr .s{rira t,ls,t5 4 '! 4 ttrtxB\$ ||td*l ,(];r !F.{*!!st. *ff rtranrl E{faM aSfi Sllil{*.tv:t! {tit['tt{K!*:i i [."llf {&[c!fi [l\?'s {n"6Gt _ _;{.I*}XS}!1 rffix$*s .{ v&i$r I \.h l*s itqrcd *d docl *e ft{l**g ri+ :h6 ll'qjfis 4}}!1t:;* E AnB&t: lllEil r r{*y i# r!tf*r{ IBt"*,r{)It ^ -l.rff}!fiti A$4r'*1f $f. I lli Yi n (in}is. i rel#r 6?ttt5111&a:49,3 |g,/$iu, -i-rflm!}fk fi*s*.{}d.nr&x*#}, qr';.bh$ier $?trrr-EEira.. tf, rrVtl.E ,tn $$n{tr:E!rtS ])t9 t ' 'i I '1,1,'.' ilrdi iftg. 1"r.. Lti ' ,"| l1!hrrsis r& l hh rtltJatl{. rilr..lt *uJ, !t{,,Fli:ll}aljlr }w)ltltt$lj&lfr .rr} I r}..lJr.l.t, r!tl!df?{rt xrt{i$it?! Sr dd, ;t$:t&fi 16, rX, {a.{ r r.!"rs.rxr$ (!!fi{lt fi.I;'(tlDfli ?r{Ylltl;IrfE'tq]t{rTt& cr.t.I*}{}Uft SB E{,!Iit[.f?* X*r]tlSSt A l{8*t-il*:i Wfttll\ l}i}- }1$r it,l{*B} iit:nrTirflril 8't rryftt:{* fi r E ?*i_iiftr.ti r il I 16.A.12.b Packet Pg. 683 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) SPECIAL MAGISTRATE Case No. - PU,3&34 CEEX - 2009-0003795 4289{80 0R: 44{8 PG: 0932 RBCoRDBD u ol?IcIAL RIcoRDs of COtlItR CoUIfl, tt 0{/30/2009 at l0:0041{ DtIGEt I. BR0CI, CttR[ R8C lBt 18.50 Recn: c0D8 iltt0RcBt$ilT IIITBROP?ICB ATTX: Jlll tAtI)R0t who requested the hearing, was Section 9, Subsection 4, in the / BOARD OF COUNTY COI}TMISSIONERS CoLLIER COt NTY, FLORIDA, Petitioner, v3. SAII:TA BARBARA GRANADA VILLAS, LLC, Responrlent THIS CAUSE came on for Magistrate on April 17, 2009, andthe Special Magistrate, having matters, hereupon issues itsFindings of Fact and Order of l. The citation was Ray Addison, and isbeing contested by the given proper notice but did not 2. Respondent is charged following particulars : Putrescible waste on ground building. and food not containerized in front of The violation has not been abated as ofthe date ofthe hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the au&orityqqt"d in Chapter 162, Florida Statutes, and Collier Counry ordinance ilo.0744, it is hereby ORDERED: A. Respondent is guilty of violating Ordinance No.2005-44, Section 9, Subsection 4. B' Respondent shall pay a fine of $5,000.00, plus an administrative fee of $5.00 on or before May 17,2009. C. Respondent is furtherordered to pay the operational costs incurred in prosecuting this case in ttre amount $50.00 on or before May I 7,2009. ) respective as Santa Barbara at the hearing. Ordinance N 16.A.12.b Packet Pg. 684 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) IX)NE AI\'D ORDERED this E1L dAY Of Any itt 0R' {{48 PG: 0933 ttt 2fi)9 et Collier County, Floride. SPECIAL MAGISTRATE COLLIER COTM|TY CODE ENFORCEMEI{T C. order may be paid at the Naples, FL 34104, fa( of the satisfaction #(239) 403-2343. Any retease of the obligations of this order LIEN RIGHTS: This order montis from the filing of any authorize the County Attorney County. After three (3) the Special Magistrate may that outstanding frnes are on unpaid claims. In the event costs incurred by Collier County will be responsibte for those APPEAL: Any aggrieved party may Special Magistrate to the Circuit Courtwithin thirty (30) days of the execution of An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. It is the responsibility of theappealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appealwill not automaticslly stay the Special Magistrate's Order. cc:Respondent * Santa Barbara Granada Viltas, LLC./ Collier Co. Code Enforcemen I Dept.4r k'a*' o'l )rart o: I r,O<lDA hunty of @LLIER I HEREBY CERTIFY THATtltc b:orrefi co Dyo?a oocumem Eoard Minutes ?n,: Re/vl"{ESS mv -49$oay or ,r,, u I to be paid tance R {le: on the lien or a collections E. 16.A.12.b Packet Pg. 685 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) , I c() l.t "}ffi { :ollNlt SuuIJ(tmLm.8S em$*:tQht 11r ***rr!** ia*r+i}*y , frH, trtrh{rl $ qdry l* t'u .,1,1 I i <r*t .r tlEi t#r l*r rry.tit .BE ir Li!ry8 {r 6r tufra &6 rirl*di rcd.d baka. ,..t ,{l,tl. $ -." |;i ,l 1 r, l l.i! I I .', :1 i"j; ,'i il .t \','., , r. -i '. i.'t ..ri Llrrqtbn i. lL 1,." ', .,,i I'! ',i, i . ,1,'ir, ,i ri !.,,t,,l-,t i.';i i ,' , .',-i,,, .,,.'i', olrnarr$ ! | - . ,' 'a i ','i ' ,,4 !. I tF. trb $r.d o(du nr...bd d.Lr I b"i B, deqid fd $f q. fqph|I@ar,,,:'. l.-*-..lillrrys ;r* &t.dl*ssr ir ;-: &{rd *. ?]]lri}r. ed Hksr r ffrtsr tpwt *, . }.{Htt ?as,-*il* $eLl,Je Billt ,l {*r. ,, ,4.e / tb, .iud f I -I{rntr**r nra {Sdkr.6$mrd I 1$*1fr&3:rt!4tlTt{a"ti t#{ttr LlHSlrlw i$ 1}{r ${tlurltqqFHffi ls irlFtllrisu t{} & lt[,a].!]r'J. [il:rrTs*IAi l,fiEi iJx !lii\r'r":rt r\r'lf{\rt{i. l,$1)$\' tlrlil$1fi }j'1"\1 XAHT:t tt'rli'tlli\l: 9l;ii"{'r rr*. i}{\.1$ttialu&t i'i: ij':' t rRBtl{6.\'gs'$1fi,,!3$I,3 x,\]&' -"4.r rJ$,l,{!,* r ltNhjt'il' $rlSld , L:rl. &lk?,:iffi i:*X! C!*9 t l}qetttu Cdfry ! A 1 . &er!a st3 llrF&itr $llt ffi r$8fi ulh.t y' t i1 '1,r,'l.,'' frtrr ,*, { tr s bllh k!$At rfir Sik&&* *${}wd ${*tt}l Ir* el ,ttetd i " i' I " "; "' ,li 16.A.12.b Packet Pg. 686 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 4223886 0R: {{02 pG: 1200 !!!tnq[D in OnrcrAr, RIC0RDS ot c0t[Itt couxil, t[t0l2tl1.00s ar t0:urr{ Drrer? t. nioiiliiiii"' Rtc tn 18.50 $PECIAL MAGISTBATE Crse No.-PU-{43E BOARD OF COIINTY COMIVIISSIOIiIERS CoLLIER COI,NTY, FLI)RIDA, Petitioner, vs. SAIITA BARBARA GARDEN VILLAS, LLC, RcspondenL THIS CAUSE came on for the Special Magistrate, having Findings of Fact and Order of l. The citation was contested by the Respondenl proper notice and did not 2. Respondent is charged 3. Respondent violated the containerized, causing a health, safety 4. This is Respondent's third violation. Re ln: c00t txlonctlxxt IlllR0llIcl Allll: l0lilflB S?tilm has been abated. Magistrate on October 3, 2008, and matters, hereupon issues its ike Andresky, and is being the hearing was given 9.4. in front of building that was not / ORDER Based upon the-foregoing Findings of Fact and conclusions of [:w, and pursuant to the authoritygranted in Chapter 162' Florida Statutes, and Collier County Ordinance i1o.0744, it is herebyORDERED: A. Respondent is guilty of viotating ordinance No. 200544, section 9.4. -B Respondent shall pay a fine of $750.00, plus an administrative fee of $5.00 on or beforeNovember 3, 2008. c' Respondent is further-ordered to pay the operational costs incurred in prosecuting this case in theamount $50.00 on or before November 3, 200g, respective to as public hearing. Ordinance ..4 16.A.12.b Packet Pg. 687 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) t*tr gX: 4402 PG: 1201 tti ,2008 at Collier County, Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT C.G PAYMENT OF FINES: Any fines ordered to be pursuant to this order may be paid at the Collier County Code Enforcement Drive, Naples, FL 34104, fax #(239) 403-2343. Any release of lien or confirmation of the satisfaction of the obligations of this order may DONE AND oRDERED this J,.} day of of. ^ LIEN RIGHTS: This order r months from the filing of any authorize the County Attorney that outstanding fines are costs incurred by Collier APPEAL: Any aggrieved within thirty (30) days of the but shall be limited to appellate appealing party to obtain a will not automatically stay the Special cc:Respondent - Santa Barbara Garden Villas, LLC _ . Collier Co. Utilities Office " ^( Collier Co. Code Enforcement Dept.,-/t' Magistrate to the Circuit Court shall not be a hearing de novo. . It is the responsibility of the Clerk of Courts. Filing an Appeal Coll on jrdre 0t I r-orf tUa Jounry ot COLLIER ier Counry. After three (3) the Special Magistrate may unpaid claims. In the event ill be responsible for those .. 1Cc which at this a appeal a final the Order the record :otrecl cooy or : [ioard Minurilt ,::;:,. i ,{'::fr;r::tt..i .d' -''/€r-<r E. BROCK, 16.A.12.b Packet Pg. 688 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) l CITA'I'ION PU 4130 Th. qd..rrn.d invenisalor crnnc! 6.1 ft./3hi l$ (liordt l. .r$ilo lo b!ll6v. &rr $. s.d p.'si(') or citiry hs .on;r&d i\li vlo,rtiifl rr.i;1 b.rl}w. ht)4 D*ri.lla..tViohll.n (r OaL Drt.otBlnh -c ll ON f) J.) (-, /l 0'-5 bsul.g Inv.clg(or llu r.qucar€d a }LrinA b.for. U.S!.cl.l MrSktr(., A ktur will lt lop rtrdnS dE d.t rd ttn6 6tllE R..rtn* to OFTIONS I hty. b&n lnfonn.d ofdl. viol.tion 6fw$dr I b.v. b!.n ch&g.d .nd .1..r lh. follorvl;g outlo;l l.)_P.rdE llvll p6{lty ors_+ colbofs_ ro(otol,l of i A}rl)cIfucrrh.rt,v. vlulsrlon wltrh 30 dgy. of Isuoo orfiiiGrion uitorr r D-lret Altto6..r k s.t lmm.dilloly b.lov by tho lflvldl8.tinE Om... (.ot r. .rc..d 30 dryj). 2)-Cotrkd llE vlohdod.nd slbml(. wi&n Rqu.n for I h..rl.ghofo.! th. Sp!.1.1 Mtgltb.lo wlrhltr 20 drysofl!!urn6 orthk clhnon: SG. r.r.no.ld6 for R.{ucrr h.H.!r,!gd.rrlb. STCNATUR-8 GACTPIBNT) PRINT(RBCTPIBNT'S NAME) _--rsrorSsNsE --2xooPPENSE OrlBi".l - Cod. p,ntom.;ont Cop/ I t.v.!ti8rio, (lNyEsTrolIoRa NAJ!,IB) {x9\ata-ztEo (NVASnOITOR) t7 ?otl oaoo& -lao oSrENsB Cop, 2& 3 R.oiplc 'i i i i I I I I i I I I I I lqp I I 16.A.12.b Packet Pg. 689 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) INSTR 4598407 oR 471e PG 399 REcoRoED 8/19/20Lt 3:38 P|'l PAGE5 2 DWICHT E. BROCK, CLERK OF THE CTSCUIT COURT' COLLIER COUNTY FLORIDA REC $r.8. 50 goLLrER CpUI{ry coDE ENFQnCEMqIIT SPECTALMAGT$3nATE Case No. -PU473&CtrSX201 10009481 BOARD OT' COIINTY COMMISSIONERS C0LLIER COUNTy, FLORTDA, Petltioner, Ys. SANTA BANBAAA LANDINCS PROPERTY OWNERS ASSN rNC, Respondent TI{IS CAUSE came on on August 5, 201 1, and and being duly advisedthe Special Magistrate, having in the premisos, hercupon Magistrate, as follows: and Order of the Special Respondent is charged following particulars : 2AA5-44, Section 9(4), in the Putrescible waste on ground diapers, food, crrdboard, glrss, plastic, solled and other furnihrre, etc. ORDER Based upon the foregoing, and pursuant 1o thc authority granted iu Chapter 162, Florida Stalutes, and Collier County Ordinance No. A7 44, it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is denied. Respondeut is found guilty of violating Collier County Ordinanoe 200544, Section9 (4). Respondenl is ordered to pay the operational costs incurred in prosecuting this oase in the amount of $50.00. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the amourlt of $5.00. Respondent is ordercd to pay the finc imposed by Collier Counly Ordinance in this case in tbc amour( of $25,000.00. B. C. D. E. bofors of Collier 16.A.12.b Packet Pg. 690 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) *** OR 4712 PG 400 *** F. Respondent is ordered to pay in total $25,055.00 on or before September 5, 201 I D9NE AND 6RDERED this $h a"y or 2011 at Collier Counfy, Florida. COLLIER COTJNTY CODE ENFORCEMENT SPECIAL MAGISTRATE cc:Respondents - Santa Collier Co. Code mtil$ 16.A.12.b Packet Pg. 691 Attachment: Backup documents (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) SPECIAL MAGISTRATE Case No. - PU-3&14 CEEX - 2009-0003795 4289{80 0R: 44{8 PG: 0932 RBC0RD8D u orrlclll RlcoRDs of COttlt[ CoUITI. tt 0{/30/2009 rt l0:004I DIIGEI X, BR0CI. CIIU R8C mB 18.50 Rern: c0Dt tilP0ncBlu{? IIITXROITICE AT?X: iBll IAt0R0t who requested the hearing, was Section 9, Subsection 4, in the BOARD OF COUNTY COM}'ISSIONERS COLLTER CO['NTY, FLORIDA, Petitioner, vs. SAIYTA BARBARA GRANADA VILLAS, LLC, RespondenL THIS CAUSE came on for Magistrate on April 17, 2009, andthe Special Magistrate, having m&tters, hereupon issues itsFindings of Fact and Order of The citation was Ray Addison, and isbeing contested by the given proper notice but did not 2. Respondent is charged following particulars : Putrescible waste on ground building. and food not containerized in front of The violation has not been abated as ofthe date ofthe hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authorityq*t9d in Chapter 162, Florida Statutes, and Collier Counry Ordinance No.07-44, it is hereby ORDERED: A. Respondent is guilty of violating Ordinance No.2005-44, Section 9, Subsection 4. B. Respondent shall pay a fine of $5,000.00, plus an administrative fee of $5.00 on or before May17,2409. C' Respondent is firtherordered to pay the operational costs incurred in prosecuting this case in the amount $50.00 on or before May 17,20A9. I t. 3 respective as fol Santa Barbara at the hearing. Ordinance I \ t 16.A.12.c Packet Pg. 692 Attachment: Lien Orders (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) DoNE Ar{D ORDERED this EU day of Any **i 0R' 44{8 PG: 0933 ttt 2{XD at Collier Count5r, Floride. SPECIAL MAGISTRATE COLLIER COUNry CODE EIYFONCEMENT C. )tare o: I r,CiilUA bunry of @LLIER I HEREEY CERT' :oTrect coDy ot a Eoard Minutes ar:,; order may be paid at the Naples, FL 34104, fax of the satisfaction #(239) 403-2343. Any retease of the obligations of this order LIEN RIGIITS: This order months from the filing of any authorize the County Attorney County. After three (3) the Special Magistrare may that outstanding fines are on unpaid claims. ln the event costs incurred by Collier County will be responsible for those APPEAL: Any aggrieved party may Special Magistrate to the Circuit Courtwithin thirty (30) days of the execution of An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. It is the responsibility of theappealingparty to obtain a transcribed record ofthe hearing from the Clerk of Courts. Filing an Appealwill not automatically stay the Special Magistrate's Order cc:Respondent - Santa Barbara Granada Villas, LLC,,/ Collier Co. Code Enforcemen t Dept.4I 4,- av' o'l FY IHAThlrb JVIT{ESS mv =Q,} oay ot 1,. t!', a to be paid lance on the lien or a collections I E. Collier County 16.A.12.c Packet Pg. 693 Attachment: Lien Orders (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 4223885 0R: {{02 pG: 1200 ryq9ngm in 0nrCrA[ RtconDs of C0[[Itt couxil, t[t0l2V200s at l0:jill Drrcr? t. nnoii, ciiii"' RXC nt 18,50 -C""Q,,I,I,IER COUNTY CODE EnIF,ORC rMENT sPncrAL MAGTST.RATE Crse No -PU-443E BOARD OF COI'NTY COMIVIISSIONERS COLLIER CO['NTY, FI,ORIDA, Petitioner, vs. THIS CAUSE came on for the Special Magisrrate,having Findings of Fact and Order of l. The citation was contested by the Respondent, proper notice and did not 2, Respondent is charged 3. Respondent violated the containerized, causing a health, safety 4. This is Respondent's third violation. Retn: coDr tmoRctuxt IltrR0ilIct AlTll: flRilffi S?illl? has been abated. Magistrate on October 3, 2008, and matters, hereupon issues its ike Andresky, and is being the hearing was given 9.4. in front of building that was not I ORDER Based upon the_fore8oing Findings of Fact and Conclusions of [:w, and pursuant to the authoritygranted in Chapter 162, Florida Statutes, and Collier County Ordinance No.0744, it is hereby.ORDERED: A. Respondent is guilty of violating ordinance No. 2005-44, section 9.4. q Respondent shall pay a fine of $750.00, plus an administrative fee of $5.00 on or beforeNovember 3, 2008. c' Respondent is further ordered to pay the operational costs incurred in prosecuting this case in theamouot $50.00 on or before November 3, 200g. respective to as public hearing. Ordinance SAIYTA BARBARA GARDEN VILLAS, LLC, Respondent 16.A.12.c Packet Pg. 694 Attachment: Lien Orders (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) **t gpt 4{02 PG: 1201 ttt DONE AND oRDERED this J,.I day of od ,2008 at Collier Coun ty' Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMf,NT C. GARRE PAYMENT OF FINES: Any fines ordered to be pursuant to this order may be paid at the Collier County Code Enforcement Drive, Naples, FL 34104, fax #(239) 403-2343. Any release of lien or confirmation of the satisfaction of the obligations of this order may LIEN RIGHTS: This order months from the filing of any Collier County. After three (3) the Special Magistrate may authorize the County Attomey on unpaid claims. In the event that outstanding fines are will be responsible for those costs incurred by Collier APPEAL: Any aggrieved Magistrate to the Circuit Coun shall not be a hearing de novo. It is the responsibility of the within thirty (30) days of the but shall be limited to appellate appealing party to obtain a tran Clerk of Courts. Filing an Appeal will not automatically stay the Special cc Respondent - Santa Barbara Garden Villas, LLC _ . Collier Co. Utilities Office . Collier Co. Code Enforcement Dept.../A .1C / c irare or i r_LtnlUA Jounty ot COLLIER at this appeal a final the Order the record c :orrect coo)/ or : Eoard Minurst i:;;,, ",-d'::,fr;n:,i.; \a -/iErIItr* E. BROCI(, 16.A.12.c Packet Pg. 695 Attachment: Lien Orders (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) INSTR 4598407 OR 4712 PG 399 RECORDED 8,/, DWTGHT E. BROCK, CLERK OF THE CIRCUIT COURT REC $L8.50 l9/20LL 3:38 PM PAGES 2 , COLLIER COUNTY FLORIDA coLLrER COUNTy qop$ ENTqRCEM$NT SPECIAL MAGISTRATE Case No. -PU4730-CEEX201 I 0009481 tsOARD O[' COUNTY COMMISSIONERS COLLIER COI]NTY, FLORIDA, Petltioner, vs. SANTA BANBANA LANDINGS PROPERTY OWI\ERS ASSN INC, Respondent THIS CAUSE came on agistrete on August 5, 2011, and the Special Magistratc, having and being duly advised in the prcmiscs, hercupon Magistrate, as follows: , and Order of the Special Rcspondcnl is charged following padiculars: 2005-44, Section 9(4), in the Putrescible wrste on ground diapers, food, cardboard, glnss, plastlc, sollcd and other furniture, etc. Based upon the foregoing, and pursuaut to thc authority grantcd iu Chapter 162, Florida Stalutes, and Collier County Ordinance No. 0744, it is heretry OKDERED: The Respondent's Motion for Continuance ol'this caso is denied. Respondent is found guilty of violating Collier County Ordinance200544, Section9 (4). Respondent is ordered to pay the operational costs incunrd in prosecuting this case in the amount of $50.00. Respondent is ordered to pay the adminislrative fee incurred in prosecuting this case in the amount of $5.00. Respondent is ordercd to pay the fine imposed by Collier County Ordinance in this case in thc amount of $25,000.00. A. B. c. D. E. beforc of Collierl, ORDER 16.A.12.c Packet Pg. 696 Attachment: Lien Orders (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) *** oR 4712 PG 400 *** F. Respondent is ordered to pay in total $25,055.00 on or before September 5, 201 1. DONE AND ORDERED this Slrln, ou,of 2011 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMBNT SPECIAL MAGISTRATE cc:Respondents - Santa Collier Co. Code i, i' mr rnd :,iii,. ..:i, i Inc. 'ia1 16.A.12.c Packet Pg. 697 Attachment: Lien Orders (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 16.A.12.d Packet Pg. 698 Attachment: Executed releases (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 16.A.12.d Packet Pg. 699 Attachment: Executed releases (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,) 16.A.12.d Packet Pg. 700 Attachment: Executed releases (15777 : BCC v. Santa Barbara Granada Villas LLC, Santa Barbara Garden Villas LLC,)