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Agenda 05/26/2015 Item #16A10 5/26/2015 16.A.10. EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $217,000 for payment of $450, in the code enforcement action entitled Board of County Commissioners v. Mark Brecher, Code Enforcement Board Case No. 2006090558 (A/K/A CEB 2007-05),relating to property located at 4830 Cherry Wood Drive,Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code enforcement lien with an accrued value of$217,000, for payment of$450, in relation to Code Enforcement Board Case No. 2006090558 (A/K/A CEB 2007-05). CONSIDERATIONS: As a result of a code violation at 4830 Cherry Wood Drive, which consisted of the placement of vegetation and lime rock, within a 30-foot easement, known as the "Harvey Canal and Travelway", without first obtaining the required Collier County permits, the Code Enforcement Board ordered the imposition of a lien against Mark Brecher in Case No. 2006090558 (A/K/A CEB 2007-05). The lien was recorded in the Official Public Records on May 30, 2008, at O.R. Book 4365, Page 1498 and it encumbers all real and personal property owned by Mark Brecher. The accrued lien amount of$217,000 is based on 320 days of accrued fines for order items 2 & 7 ($200 per day from April 25, 2007 through February 29, 2008), 744 days of accrued fines for order items 3 & 8 ($200 per day from March 30, 2008 through April 18, 2008) and 21 days of accrued fmes for order items 4 & 9 ($200 per day from April 15, 2008 n through May 5, 2008). The property was brought into compliance on April 12, 2010 for order items 3 & 8 and on May 5,2008 for order items 4 &9. This property was acquired by Ms. Dawn Brecher by warranty deed which was recorded on October 31, 2006. Ms. Brecher has expended close to $30,000 on mitigation and permitting of property as evidenced by the attached hardship letter and backup. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of a code enforcement lien would impose a fmancial hardship on the property owner. Fines accrued by an existing owner may be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. The owner has been actively maintaining the property and has paid $450 in fines. The owner is requesting waiver of $216,550 in accrued fines. FISCAL IMPACT:, Payment of $450 has been made. Operational costs in the amount of $428.56 were paid prior to lien imposition. If approved by the Board, accrued fmes in the amount of$216,550 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 n conforms to the Board's policy contained in Resolution 2012-46. -KN [15-CED-01019/1 175044/1] Packet Page-428- 5/26/2015 16.A.10. RECOIVIIVIENDATION: That the Board of County Commissioners waive the fines in the amount of $216,550, accept payment amount of $450, 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: Jeff Wright, Director, Code Enforcement Division, Growth Management Department Attachments: 1)Release and Satisfaction of Lien 2)Lien Order 3)Hardship letter [1 5-CED-0101 9/1 1 75044/] Packet Page-429- 5/26/2015 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of$217,000 for payment of$450, in the code enforcement action entitled Board of County Commissioners v. Mark Brecher, Code Enforcement Board Case No. 2006090558 (A/K/A CEB 2007-05), relating to property located at 4830 Cherry Wood Drive, Collier County, Florida. Meeting Date: 5/26/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 4/28/2015 2:37:49 PM Approved By Name: PuigJudy Title: Operations Analyst, Operations&Regulatory Management Date: 4/30/2015 11:47:42 AM Name: WrightJeff Title: Division Director-Code Enforcement, Code Enforcement Date: 4/30/2015 12:54:10 PM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 4/30/2015 3:04:36 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/5/2015 7:36:15 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/5/2015 8:32:51 AM Name: IsacksonMark Packet Page-430- 5/26/2015 16.A.10. Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 5/5/2015 9:38:24 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/5/2015 12:59:02 PM Packet Page -431- 5/26/2015 16.A.10. This Instrument Prepared By: Jeff Wright Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104 (239) 252-2440 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Mark Brecher Respondent The lien was recorded on May 30, 2008, in Official Records Book 4365, Page 1498, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of sixty- eight thousand four hundred dollars ($68,400), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Date: Date: Approved as to form and legality /7.7/ //// Kevin N(5ell Assistant County Attorney CEB No.2007-05 Packet Page-432- 5/26/2015 16.A.10. 4172138 OR: INJ rv: liJO RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/30/2008 at 09:I2AK DWIGHT B. BROCK, CLERK ABC FEB 18.50 -----■ Retn: CODE ENFORCEMENT BOARDCOLLIER COUNTY CODE BNFORCBKEN COLLIER COUNTY,FLORIDA BBN➢ISA KAR1:U OFBA COORDINATOR INTEROFFICE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.2007-0S vs. MARK BRECHER, Respondent, ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on February 23,2007,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact po is e�~{ x� f> i� � ied ced to writing on March 4,2008 aunc and Conclusions of Law and thereupon issue 1 rapt f3 ,� pro rum and furnished to Respondent an � recorded in the Public R rds f Collier County,Florida at OR f 4336, PG 3659,et.seq.on March 7,7008 -„''-t 1 _....,2 \ An Affidavit of Non-Comppianal b-• fi e to}B•.r 6yiftie;Code Enforcement Official on j 1 t l . April16,2008,which Affidavit certtft?J�tule�r th.tj „het, • l• -d coa;ecti,ve)actt n has not been taken as ordered. -v/ Accordingly,it having been bto t to the Board's attentio'i<r..thaa ReS� tdent has not complied with the "f . 71 �/ Order dated March 4,2008,it is hcreb} �' �-'' 0\ ,�.e/ ORDERED,that the Respondent, Ma Btepp pay,tpadJ_li0 ounty fines in the amount of$64,000 for the period of April 25,2007 through February 29,2008(320 days)at a rate of$200 per day(Order Item#2 and#7), plus S3.800 for the period of March 30,2008 through April 18,2008(19 days)at a rate of 5200 per day(Order Item 3 and e8).plus 5600 for the period of April 15,2008 through April 18,2008(3 days)at a rate of S200 per day (Order Item e4 and#9)for a total of 568,400.00. The operational costs incurred in the prosecution of this case have been paid. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent conies into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board 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 -- Packet Page -433- - 5/26/2015 16.A.10. *** OR: 4365 PG: 1499 *** rcciew of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDERED this 7244—clay of ,2008 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Gerald Lefebv ,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was ao 3T ged before me th�' L5 day of (\.ka..9 ,2008,by Gerald Lefebvre,Chair of the Code Enforcem�entgloard of Collier County,Florida whe is personally known to me or Oho has produced a Floptda I�tiyers-License as idert(if iort�. 1 f "�r --� t �� ?# ,,,`,% Kaan i iD 6 c-7' 01 ., `e LICC. ion expires: �: i ��� '" EXPIRES:dunel8 i t j r $1,8/4,tY Bonded inn Now/ t, CERTIFICATE OFS`,RVICI ' ` I , : /.,, I HEREBY CERTIFY that a`trtT a d correct copy of this OR.QE hasbeen sent by U.S.Mail to Mark Brecher,6400 Standing Oaks Lan ,N s,FL 34119 and to Jaso Mikes,Esq.,Quarles&Brady,tk 1 395 Panther Lane,Suite 300,Naples,FL 4Ae@4 f ,2008. J_ �, �� /1/2 .61.4.f 6a4.4-71.--- - M.Jea awson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples, Florida 34102 St 01 FWRIUA (239)2b3 8206 ns of COLUER I HEREBY CERTr v THAT this is s insaail. - *mat.COpy at a document on,f(la in' Board Minutes and Recoras of Catlin Coin* ESS my na and official seal this of-2. ' BROC CLERK LERK OF COUNTS ii Packet Page-434- 5/26/2015 16.A.10. Mr.Jeff Wright,Director Collier County Code Enforcement 2800 N.Horseshoe Dr. Naples,FL 34104 Re: Case#'s 2006090558,2006090292,Mark Brecher Dear Mr.Wright: Thank you for your recent efforts to resolve the above matter which began in 2006 when my husband improperly cleared areas around and across from our home. I have previously acknowledged that this work was performed without the required permits or approvals. My husband was arrested and imprisoned in Jan.2008 and I assumed the responsibility to resolve these matters with Collier County. Following my appearance before the Board I have spent$30,000 on complete mitigation and permitting,resulting in a final inspection by the County on June 20,2010. I assumed the case and associated fines were concluded upon receipt of the attached case closing letter dated January 11,2011. My husband remains in prison and I have returned to work to support my family in a Godly home. My two oldest boys are now in college and I recently sold several acres of my property to provide for their education. At the time of the sale I was shocked to learn of the accumulated fines for a case I felt was resolved 5 years ago. I am in desperate need of these funds which have been placed in escrow pending the resolution of this matter. In recognition of my previous efforts and full compliance I am requesting relief from the accumulated fines. If you require any further information or my return to the Code Compliance Board please don't hesitate to contact me. Sincerely Dawn Brecher (239-293-0893) Enclosures Cc:Neil Dorrill Packet Page-435- 5/26/2015 16.A.10. Community Development & Environmental Services Coker Connty 2800 Horseshoe Mitre N. ^. •e ,. ...- Naples,FL 34104 239-252-2400 Collier County Code Enforcement Compliance Notification Dated:January 11,2011 Owner:BRECHER, DAWN 4830 CHERRY WOOD DR NAPLES, FL 341191448 Case Type: Vegetation Requirements Violation Location: 4830 Cherry Wood Dr. Naples, FL Violation Type: Vegetation Removal Please be advised the Code Enforcement department has investigated 2006090558 which was opened on September 20, 2006. This letter is to inform you that this case was been closed by Susan O'Farrell on June 20,2010 as compliance has been met. Thank you for complying with applicable County laws;such regulations are in place to help make Collier County the wonderful place it is to live,work, and play. Should you require further details regarding your case the results of the investigation are available online,via telephone,and in person at our office. Thank you, Cristina Perez, Investigative Supervisor Collier County Code Enforcement 2800 N Horseshoe Drive Naples,FL 34104 (239)252-2440 www.colliergov.net Packet Page-436- 5/26/2015 16.A.10. Boylan Enviromental Fee 3000.00 Residential&cemetery 9931.23 TOTAL 12931.23 Wood and Wetlands Restoration project-residential&cemetery lot TOTAL 11486.40 Receipts from Collier County Board of Commissioners TOTAL 2800 Quarles&Brady Attn.Fees TOTAL 2414 GRAND TOTAL S2963I.63 Packet Page-437- 4:34 PM Boylan Environmental Consultants, Inc. 1 01128/15 Customer QuickReport All Transactions _-.,,Type __.__ Date Hum Memo Account Cir Split Debit Credit Brecher Parcel Invoice 06/30/2008 10949 Accounts Receivable -SPLIT- '"-1,750.00--e- Payment 07/1412008 Undeposlted Funds X Accounts Rece... 1,750.00 Invoice 07731/2008 11043 Accounts Receivable -SPLIT- -1.157.00-C Payment 08/13/2008 Undeposlted Funds X Accounts Rece... 1,157,00 Invoice 08/31/2008 11119 Accounts Receivable -SPLIT. -7- 49625-C. Payment 09/15/2008 Undeposlted Funds X Accounts Rece... A 496.25 Invoice 10/31/2008 11239 Accounts Receivable -SPLIT- —•115.00-C Payment 11/24/2008 Undeposited Funds X Accounts Rene... 115.00 Invoice 06/30/2009 11611 Accounts Receivable -SPLIT- .., 1,860.00-9. Invoice 07731/2009 11853 Accounts Receivable -SPLIT- 159.73.. Payment 08/242009 Undeposlted Funds X Accounts Rece... ':P159.73 C or Invoice 08/312009 11691 Accounts Receivable -SPLIT- 613.25-G Payment 09/232009 Undeposited Funds X Account Rece... 613.25 F.,Invoice 09/30/2009 11733 Accounts Receivable -SPLIT- -. 517.50 Payment 10/07/2009 Undeposlted Funds X Accounts Race... 1,860.00 Payment 11/02/2009 Undeposited Funds X Accounts Race... 517.50- Q v (Z,Invoice 12/312009 11816 Accounts Receivable -SPLIT- -- 488.75 s 1L n I It 4.C. Payment 01/072010 Undeposited Funds X Accounts Race... 488.75 77 Invoice 07/31/2010 12066 Accounts Receivable -SPLIT- --^1.53125 ,m. Payment 08/302010 Undeposited Funds X Accounts Rece... 1,531.25 i.... C. Invoice 0928/2011 12395 Accounts Receivable -SPLIT- -. 663.75.-4C r v, Payment 10/07/2011 3134 Undeposlted Funds X Accounts Rece... 663.75 It R.invoice 09/19/2012 12623 Accounts Receivable SPLfT- ..... 578.75-ft Payment 09/27/2012 3492 Undeposlted Funds X Accounts Rece... 578.75 W C-etr"t4,ar t- (C9.d m. 4 E 01 Ni cm N O 01 Page 1 __, a> > 0 P-1 5/26/2015 16.A.10. Woods and Wetlands,Inc. PROPOSAL 1 S 1 Ul) Wells Komi Fort Myers.FL. 33917 { DATE PROPOSAL Phone 239-567-1857 5/11/2010 1681 { 1~qY 719-S67o937 mitascrAnnocc.c. IDawn Brecher 14830 Cherry Wood Drive I E'T 3/1119 DESCRIPTION QTY COST TOTAL IRE: Restoration Project at Drecher Residential I Plantings to be supplied and installed as follows: 12 (3 gallon)slash pines/laurel oaks 12 8.00 96.00 500(3 gallon)shrubs consisting of cocoplum, 500 7.00 3,500.00 beauty berry,myrsine and wax myrtle. 1113 (liner/bare root)herbaceous plantings 1,113 0.80 890.40 consisting of purple love grass,tickseed, smooth cordgrass and fakahatchee grass. We thank you for the oppurtunity to bid on this project. Prices TOTAL honored for 30 days. $4,486.40 Packet Page-439- 5/26/2015 16.A.10. Woods and Wetlands,Inc. \e. PROPOSAL 18100 Wells Road Myers,FL. 33917 } DATE PROPOSAL# Phone 239-567-1857 C, '` 8/5/2008 1383 Fax 239-567-0932 NAME/ADDRESS Dawn Brecher DESCRIPTION QTY COST TOTAL RE: Project at neighboring home lot(revised) 250(3 gal.)saw palmettos to be furnished and 250 14.00 3,500.00 installed. 190(3 gal.)herbaceous plantings to be furnished 190 8.00 1,520.00 and installed. Herbicide treatment of area for one year to be 2 150.00 300.00 performed semi-annually @$150.00 per event. If accepting terms of proposal please sign and return to above fax number for scheduling. Thank you. 1 Authorizifig Signature We thank you for the oppurtunity to bid on this project. Proposal TOTAL amount honored for 30 days. $5,320.00 Packet Page-440- 5/26/2015 16.A.10. Exhibit A ^ Scope of Services ' Brecher Parcel • Task 1 Coordination and Preparation of Restoration & Mitigation Plan A meeting will be held with Collier County to review the violation site and confirm with Collier County the specific areas for restoration and the details of the replanting and management plan. A site inspection will be conducted to assess the existing conditions and surrounding area conditions to determine pre-violation conditions. After the inspection,a restoration and management plan will be prepared for review and approval by the Client.The plan will then be submitted to Collier County for their review and approval. Fee $3000 { This fee does not include coordination of implementation of the management plan,only the preparation of the plan. { { { fi I 1 Packet Page -441- 5/26/2015 16.A.10. Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number j Date I Post Date Payment Slip Nbr 923696 1 3/2/2010 2:40:14 PM 1 3/2/2010 AR 13767 Appl Name: BRECHER, DAWN Appl Stage/Status: RELEASE STAGE/PENDING Address:4830 CHERRY WOOD DR NAPLES FL 341191448 Proj Name:4830 CHERRY WOOD DRIVE Type: TAZ:60 Subdiv Nbr: 793 Project Nbr. 2008090019 Payor: BRECHER, DAWN Fee Information Fee Code Description GL Account i Amount Waived 11 CLGR VRP'S AG AND SITE CLEARING 113117898434126000000 $800.00 Total $800.00 Payments Payment Code Account/Check Number Amount I CASH I I $800.00 1 Total Cash C� $800.00 Total Non-Cash I $0.00 Total Paid $800.00 Memo: Cashier/location: LEADERENCE / 1 User: LEVYMIKE Collier County Board of County Commissioners Printed:3/2/2010 2:40:28 PM CD-Plus for Windows 95/NT Packet Page-442- 5/26/2015 16.A.10. Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number Date Post Date Payment Slip Nbr 856554 ,9/17/2008 12:45:50 PM 9/17/2008 AR 13767 _ J Appl Name: BRECHER, DAWN Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 4830 CHERRY WOOD DR NAPLES FL 341191448 Proj Name: 4830 CHERRY WOOD DRIVE Type: TAZ: 60 Subdiv Nbr: 793 Project Nbr: 2008090019 Payor : DAWN BRECHER Fee Information [Fee Code 'Description r GL Account Amount Waived 11CLGR VRP'S AG AND SITE CLEARING ! 13117898434126000000 1 Total ' $600.00 Payments Payment Code Account/Check Number j Amount f CHECK _ 12255 Tj $600.00 Total Cash $0.00 Total Non-Cash L $600.00 Total Paid $600.00 Memo: 50 + So(Savie-) 250 _ 500 s _ V' 0 !a y W Cashier/location: MURPHYLINDA / 1 U - : ADERENCE ClaCtfiftj.. Collier County Board of County Commissioners Printed:9/17/2008 12:46:11 PM CD-Plus for Windows 95/NT Packet Page-443- 5/26/2015 16.A.10. Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number Date Post Date Payment Slip Nbr 869543 11/24/2008 12:33:32 PM 11/24/2008 ,AR 13767 Appl Name: BRECHER, DAWN Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 4830 CHERRY WOOD DR NAPLES FL 341191448 Proj Name: 4830 CHERRY WOOD DRIVE Type: TAZ:60 Subdiv Nbr: 793 Project Nbr:2008090019 Payor: DAWN BRECHER Fee Information 1Fe Coe de Description GL Account Amount Waived 11 CLGR VRP'S AG AND SITE CLEARING j 13117898434126000000 $1400.00 Total $1400.001 Payments Payment Code Account/Check Number _ Amount CHECK _2328 $1400.00, Total Cash $0.00 Total Non-Cash $1400.00 Total Paid L _$1400.001 Memo: Cashier/location: MURPHYLINDA / 1 User: SEABASTY J Collier County Board of County Commissioners Printed:11/24/2008 12:34:00 PM CD-Plus for Windows 95/NT Packet Page -444- COLLIER COUNTY 5/26/2015 16.A.10. BOARD OF COUNTY COMMISSIONERS PERMIT :RESIT #: 2010021295 PERMIT TYPE: FNCE VALID #: 295 3SUED: 02-22-10 BY: EVELYNTRIMINO APPLIED DATE: 02-22-10 APPROVAL DATE: 02-22-10 4STER #: COA # : DB ADDRESS: 4830 CHERRY WOOD DR DB DESCRIPTION: 4' WOOD POST W/BARB WIRE JOB PHONE: JBDIVISION #: 793 - Golden Gate Estates Unit 95 BLOCK: 122 LOT: O GOOD MAP: 0425 ZONE: X ELEVATION: DLIO #: 0000041832680000 SECTION-TOWNSHIP-RANGE 4 49 26 rJNER INFORMATION: CONTRACTOR INFORMATION: RECHER, DAWN JACOBSEN, JACK H. 400 NW 16TH AVE 119 FLAME VINE DR. kPLES, FL 0 341190000 NAPLES,FL 34110- CERTIFICATE #: 15452 PHONE: (239)594-9866 CC CODE: 998 - EXPRESS/RESIDENTIAL OTHER DNSTRUCTION CODE: 10 / OTHER DB VALUE: 1, 600.00 TOTAL SOFT: ETBACKS FRONT: REAR: LEFT: RIGHT: EWER: SEPTIC WATER: WELL DNTACT NAME: JACK JACOBSEN ONTACT PHONE: (239) 572-1700 Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes.ordinances,and any additional stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further understands that any contractor that may be employed must be a licensed contractor and that the stricture must not be used or occupied until a Certificate of Occupancy is issued. IOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL N)STATE LAWS REQUIRE THE PERIVIITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF 'HE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP). FOR MORE ''FORMATION,CONTACT DEP AT(239)332-6975. addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in le public records of this county,and there may be additional permits required from other governmental entities such as water tanagement districts,state agencies,or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF :OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT, Packet Page-445- 5/26/2015 16.A.10. COLLIER COUNTY COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES DIVISION ENVIRONMENTAL SERVICES DEPARTMENT AFTER THE FACT VEGETATION REMOVAL PERMIT ATFVRP - 13767 Folio Number: 0000041832680000 This is an After the Fact permit for clearing that has already occurred on the property of 4830 Cherry Wood where vegetation was removed for the accessory uses as described in the attached Mitigation Plan (Revised December 10, 2009 by Boylan Environmental Consultants).. The Mitigation Plan includes the required planting to be done in areas that a permit for clearing could not be issued. The following conditions apply per Collier County Land Development Code Chapter 3.05. GENERAL CONDITIONS: 1. This permit must be kept on site, and be available for inspection by County, State, and Federal officials. 2. This permit does not obviate the owner/agent from obtaining required permits of County, State, and Federal jurisdictional agencies; specifically the Army Corps of Engineers. 3. No other protected vegetation shall be injured in any way, including root systems. 4. Within one month of any site work,vegetation debris shall be removed from the site to an authorized waste facility. SPECIFIC CONDITIONS: 1. This permit is effective on 4/12/2010 and expires at 11:59 p.m. on 10/12/2010. 2. Vegetation shall be planted in accordance with the attached Mitigation Plan. 3. This permit requires annual maintenance(exotic removal)as required by Land Development Code Chapter 4.06.05. 4. The planting shall be done within six months of issuance of this permit (10/12/2010). 5. The current water restrictions in Collier County are as follows for Irrigation for New Landscape in place less than 60 days: ALL Addresses—Five days a week, Monday through Friday, 12:01 AM to 8:00 AM for all types of irrigation; low volume hand watering allowed anytime. 6. Per Collier County Land Development Code 10.02.06.E., the following conditions apply: i. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A minimum of two reports will be submitted. Reports shall be due at 1-year intervals. ii. An eighty percent survival by species shall be required for a two-year period unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. Packet Page-446- 5/26/2015 16.A.10. iii. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. iv. Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. ENVIRONMENTAL SERVICES STAFF DATE Property Owner: BRECHER, DAWN Authorized Agent: BRECHER, DAWN Address: 4830 CHERRY WOOD DR Address: 4830 CHERRY WOOD DR NAPLES, FL 341 191448 NAPLES, FL 341 191448 Phone: 239-455-6296 I have read and understand Collier County Land Development Code Chapter 3.05 and I agree to the conditions of this permit. OWNER/AGENT DATE C: VRI File Collier County Code Enforcement Department Packet Page-447- 3/132015 Outlook.corn Print Message 5/26/2015 16.A.10. Print Close ' Quarles & Brady LLP Estate Planning Leder History From: Olmsted, Diana (NAP x4930) (Diana.01msted@quarles.com) Sent: Fri 3/13/15 3:40 PM To: 'brechermd@hotmail.com' (brechermd@hotmail.com) Hi Dawn - I hope this helps you. Diana Diana Olmsted Accounting Specialist Quarles & Brady LLP P- 1395 Panther Lane Suite 300 Naples, Florida 34109-7874 Website: www.quarles.com Direct Dial: (239) 434-4930 Direct Fax: (239) 213-5452 E-mail: diana.olmsted@quanes.corn https://bay181.maitlive.com/ollmail.mvc./PrinNessages?mIct=en-us Packet Page -448- 112 Ledger History-[127387.00003-Estate Planning] 5/26/2015 16.A.10. Client:127387-Bracher,Dawn 3/13/2015 2:37:13 PM 1 Credit tlfrailac T pa Invoice ; Document Data Fees Costs?Other . Total 1 Description Credits BILL 1444568 (09/18/2008 823 50 0.00 0.00 823.50 PAYMKE 1444568 2268 Dawn Brech#08130t200B -823.50 0.00 0.00 -823.501 BILL 1449327 110/14/2008 1,524.50 clop 0.00 1,524.50 PAYMKE 11449327 2309 dawn brecher'11/10/2008 -1,524.50 0.00 0 00 -1,524.50 'BILL 1677326 07/122011 66.00 0.00 0.00 66.00 PAYMKE 1677326 13086 JDawn B 07282011 -66.00 0.00 0 00 -56.00 GRAND TOT 1_ -- °00 0.00 000 0.00 Packet Page -449-