Agenda 12/10/2013 Item #16A26 Proposed Agenda Changes
Board of County Commissioners Meeting
December 10,2013
Move Item 16A25 to Item 111: Recommendation for the Board to consider a Memorandum of
Understanding(MOU)with the Community Foundation of Collier County(CFCC)to clarify
CFCC and County roles regarding acceptance of donations from the CFCC for the construction of
artificial reefs. (Staff's request)
Add On Item 12A: Recommendation that the Board of County Commissioners authorizes the
County Attorney to enter into the attached Retainer Agreement with Nabors Giblin&Nickerson to
represent Collier County in an $1.9 million overpayment to the Florida Department of Juvenile
Justice. (County Attorney's request)
Add On Item 16A26: Recommendation to approve a
release of lien in the amount of $31,330.86, for payment of
$23,976.96, in the Code Enforcement Action entitled Board
of County Commissioners v. J.P. Morgan Chase Bank, Code
Enforcement Board Case No. CESD20130000542, relating to
property located at 321 7th St. NW, Collier County, Florida.
(Staff's request)
Withdraw Item 16G4: Recommendation that the Board of County Commissioners,acting as the Airport
Authority,award Invitation to Bid(ITB) 13-6171 Sod Harvesting at Immokalee Airport for a minimum
license fee of Twenty Thousand Dollars($20,000)per year to Florida Sod,Inc.,and authorize the
Chairwoman to sign the attached Sod Harvesting License Agreement,pending FAA approval. (Staff's
request)
Note:
Item 16115: Packet Page 2191 Memo refers to Mr.Weber's prior service on the Radio Road East MSTU
Board when in fact his prior service was on the Vanderbilt Beach MSTU Board(Commissioner Fiala)
Time Certain Items:
Item 5C to be heard at 10:00 a.m.,followed immediately by Items 10A, IOB, 10C,10D, 10F and 10G
Item 11G to be heard at 3:00 p.m.
Item 10E to be heard at 3:30 p.m.
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MEMORANDUM
TO: Nick Casalanguida, Growth Management Division Administrator
CC: Leo Ochs, County Manager
FROM: Jeff Wright, Code Enforcement Director ''>
DATE: December 9, 2013
RE: Walk-on item (proposed as Item 16.A.26)
This request relates to a code enforcement lien encumbering property at 321 7th St. NW, in
Golden Gate Estates. Since a 2010 foreclosure, the property has been bank-owned. It is
currently under contract for private sale. A settlement recommendation was reached in
relation to the code enforcement lien, following normal procedures, and payment was received
on or about December 5, 2013. This matter would normally be scheduled for the January 14,
2014 meeting. However, due to the time-sensitive nature of the pending conveyance, the
buyers' agent has requested that this item be considered by the Board at their regular meeting
on December 10, 2013.
Please see attached explanation relating to this walk-on request, as made by the requestor,
Mario S. Rimes.
Attachment: Email correspondence provided by Mario S. Rimes
�zlt01t3
-416426
WrightJeff
From: marlorimes@comcast.net
Sent: Friday, December 06, 2013 4:24 PM
To: WrightJeff
Subject: Fwd: RE: 321 7th St NW Rimes 1060605/321 7th Street NW/R10009061
Mr Wright,
I certainly appreciate the fact the all your constituents including the commissioner are
bending over backwards dropping normal protocol to help in this urgent matter (to the buyers
that is) but to the process just another sad case. Kempton and Carly Rimes the buyers of this
home have had $10,200.00 held in escrow since August 9th the original close date on this bank
foreclosure. Many obstacles that I will not go into full detail of but we have had a hard
time getting the seller to respond to the requests that were needed to be completed,
extending contract four times due to the seller not being able to give clear title. I
understand the process that banks also have red tape to get through before they can move but
in the end the two that suffer are the buyers who are fine upstanding citizens, Kempton Rimes
being 8th generation Floridian of Collier County and a truly hardworking young man with his
wife Carly Sweeney event coordinator for the conservancy and server for True Lux Restaurant
for over 5 years. The two of them are just wanting to build a family, they have put a lot of
time and effort into the process to only be shot back down.
My petition is based on the below email from their lender stating the type of loan that they
had been approved for in July was being terminated in November by Fannie Mae but Fannie Mae
would allow an extension to 12/30/13. Since they had not closed yet they had to LOCK their
loan and close no later than 12/30/2013.
According to the listing agent the seller requested a reduced fine back in late October early
November but the meeting with the Magistrate agreed to a reduced fine to be paid no later
then December 6th. I received an email stating that we could close December 6, 2013 as the
fine was paid, however later received an email stating the fine was reduced and accepted but
had to go through the proper channels to receive release of lien and the seller needed to
extend closing date to January 31, 2014.
Again this would stop Kempton and Carly from purchasing the property so We request that you
approve this fine reduction and release the lien at this Tuesday December 10, 2013 Board
meeting so that the buyers may close before 12/30/13. Again I do appreciate the mercy your
,.office and staff has extended to us already and understand the enormous amount of time and
paper work this request brings with it.
'thank you and have a great day.
Marl() S. Rimes
239-825-4116 direct
239-455-9080 fax/home office
Premiere Plus Realty Co.
"Your Distinctive Edge"
Forwarded Message
From: Tyler Cain <tyler.cain @iberiabankmortgage.com>
To: Marto rimes <marlorimes @comcast.net>
Sent: Thu, 05 Dec 2013 19:37:20 -0000 (UTC)
(Z(t0(t3
Subject: RE: 1060605 / 321 7th Street NW / R10009061 4 (64
Hi Mario,
In order to keep the borrower's in their current loan (which is cleared to close) we would
have to close and fund their loan by 12/30/2013. The program that they are doing went away
after we locked their loan. Fannie Mae no longer allows loan to values over a 95%. They
allowed us to keep any loans that were locked but will not allow an extension.
If you have questions please let me know.
Thank you,
Tyler Cain
Senior Loan Officer
IBERIABANK Mortgage Company
NMLS#118156
Cell: 813-380-8487
Office: 813-933-6611 ext. 207
Fax: 813-464-2785
tyler.cain@ iberiabankmortgage.com<mailto:tyler.cain @iberiabankmortgage.com>
Apply Now<http://tcain-iberiabank2lo.mortgagewebcenter.com/>
You can also contact my teammate, Scott Slone Scott Slone Senior Loan Officer
NMLS#419375
Cell: 813-295-4660
EFax: 813-200-3650
scott.slone@ iberiabankmortgage.com<mailto:tyler.cain @iberiabankmortgage.com>
P.S. Just a thought, make sure you are working with an experienced, professional loan officer
who is capable of advising you and troubleshooting issues that may arise along the way. Be
smart. Ask questions. Get answers. More than likely, this is one of the largest and most
important financial transactions you will ever make. Its your home and your future. It's our
profession and our passion. We're ready to work for your best interest! !
Internet Email Confidentiality
Privileged/Confidential Information may be contained in this message. If you are not the
addressee indicated in this message (or responsible for delivery of the message to such
person), you may not copy or deliver this message to anyone. In such case, you should
destroy this message and kindly notify the sender by reply email. Please advise immediately
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Opinions, conclusions and other information in this message that do not relate to the
official business of IBERIABANK Mortgage Company shall be understood as neither given nor
endorsed by it.
From: Mario rimes [mailto:marlorimes @comcast.net]
Sent: Thursday, December 05, 2013 1:17 PM
To: Cain, Tyler
Subject: Fwd: 1060605 / 321 7th Street NW / R10009061
Are we ok to extend or are they no longer locked in with rate.
Mario Rimes
Direct 239-825-4116
Fax. 239-732-8217
Premiere Plus Realty
IPad
2
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Begin forwarded message:
16A26
From: Kathleen Anderson <kanderson @redpigrealty.com<mailto:kanderson @redpigrealty.com»
Date: December 5, 2013 at 11:35:58 AM EST
To: Mario rimes <Marlorimes @comcast.net<mailto:Marlorimes @comcast.net»
Cc: fmorrison @newhousetitle.com<mailto:fmorrison @newhousetitle.com>
Subject: 1060605 / 321 7th Street NW / R10009061 Hi Mario,
Per New House Title, the County has received payment of the reduced fine amount. The next
step is Board of County Commissioner approval at the next scheduled meeting. New House Title
will advise when they are informed of the date.
Please advise whether the buyer will move forward and I will prepare an extension. I believe
we should extend to 1/31/14.
Thanks.
Kathleen Anderson
Real Estate Agent
RED PIG REALTY
1411 SE 47th Street #9
Cape Coral, FL 33904
239-217-4424, X317
239-217-4446 Fax
Search like an agent at: www.TheAndersonRealtors.com<http://www.TheAndersonRealtors.com>
Internet Email Confidentiality
Privileged/Confidential information may be contained in this message. If you are not the
addressee indicated in this message (or responsible for delivery of the message to such
person), you may not copy or deliver this message to anyone. In such case, you should destroy
this message and kindly notify the sender by reply email. Please advise immediately if you or
your employer do not consent to Internet email for messages of this kind. Opinions,
conclusions and other information in this message that do not relate to the official business
of the bank shall be understood as neither given nor endorsed by it.
Thank you.
3
Added
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EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the amount of$31,330.86, for payment of
$23,976.96, in the Code Enforcement Action entitled Board of County Commissioners v.
J.P. Morgan Chase Bank, Code Enforcement Board Case No. CESD20130000542, relating
to property located at 321 7th St. NW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release the
code enforcement lien with an accrued value of $31,330.86, for payment of $23,976.96, in
relation to Code Enforcement Board Case No. CESD20130000542.
CONSIDERATIONS: As a result of a code violation at 321 7th St. NW, the Code Enforcement
Board ordered the imposition of a lien against J.P. Morgan Chase Bank, in Case No.
CESD20130000542. The lien was recorded in the Official Public Records on August 9, 2013, at
O.R. Book 4953, Page 2385, and encumbers all real and personal property owned by J.P.
Morgan Chase Bank, N.A. The accrued lien amount of$31,330.86 is based on accrued fines for
the non-compliance period of June 23, 2013 through October 25, 2013 (125 days at $250/day, or
$31,250), plus $80.86 in operational costs. The violation pertains to unpermitted enclosure of a
carport. Although J.P. Morgan Chase Bank acquired the property in 2010 via foreclosure, and
was the owner during the code enforcement proceedings at issue, the property was conveyed to
Federal Home Loan Mortgage Corporation on September 5, 2013, and was brought into
compliance on October 25, 2013.
Pursuant to the Board of County Commissioners' Resolution 2012-46, waiver of fines would be
considered when the underlying violation resulting in a lien has been abated, fines are no longer
accruing, and the amount recovered will meet or exceed the County's costs. The property is in
compliance, is under contract for purchase, and an amount of $23,976.96 has been paid. This
amount represents $80.86 in operational costs, plus a settlement amount of$23,896.10 for fines.
The property owner is requesting a waiver of$7,353.90 in accrued fines.
FISCAL IMPACT: Payment of $23,976.96 has been made, representing the County's hard
costs ($80.86), and fine settlement amount ($23,896.10). If approved by the Board, accrued
fines in the amount of$7,353.90 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney 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. -JAK
RECOMMENDATION: That the Board waive the fines in the amount of $31,250, accept
payment of$23,976.96, and release the lien, and authorize the Chairwoman to sign the attached
lien release.
Wed ,
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Prepared by: Jeff E. Wright, Director, Code Enforcement Department
Attachments: Release and satisfaction of lien
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1231003
4 16/42.6
This Instrument Prepared By:
Jeff E.Wright
Code Enforcement Department
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:
J.P. Morgan Chase National Assn.,
Respondent
The lien was recorded on August 9, 2013, in Official Records Book 4953, Page 2385, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of eight thousand three hundred thirty dollars and eighty-six cents, 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 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 Georgia A. Hiller, Esq.,
Chairwoman
App t ved Aform and legality
Jeffrey l.z`ow
County attar ey