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Agenda 04/10/2012 Item #16A134/10/2012 Item 16.A.13. EXECUTIVE SUMMARY Recommendation to approve the partial release of lien in the Code Enforcement Actions entitled Board of County Commissioners vs. Francisca Alas, Code Enforcement Board Case No. 2007 -49, relating to property located at 4100 31St Place SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) approve the partial release of a code enforcement board lien for payment of $745.00, as to 4100 31s' Place SW only, in relation to the Code Enforcement Board ( "CEB ") action entitled Board of County Commissioners vs. Francisca Alas, CEB Case No. 2007 -49. CONSIDERATIONS: On June 18, 2007, the CEB found Francisca Alas (Respondent) in violation of the Collier County Code of Laws and Ordinances relating to property located at 2575 53rd Street SW for improvements of property without valid Collier County Building Permits. A written order was recorded on June 29, 2007 at O.R. Book 4251, Page 0913. Based on the above order, the CEB entered a lien order, which was recorded on October 8, 2007, at O.R. Book 4289, Page 3955, of the Official Public Records of Collier County. The lien encumbers all real and personal property owned by Francisca Alas, including 4100 31St Place SW. The property containing the violation (i.e., 2575 53rd Street SW) was never brought into compliance by Respondent Alas. The property located at 4100 31St PI SW has no code violations and is involved in foreclosure action by Deutsche Bank (Case No. 09- 2768 -CA). Due to previous ownership by Francisca Alas, the liens have attached to all real and personal property owned by Mr. Alas. The County filed a counterclaim, asserting the priority of its lien. In order to avoid continued litigation, Deutsche Bank has submitted payment in the amount of $745, representing costs of $450 and reimbursement of the County's counterclaim fee of $295. In exchange for this payment, they are requesting a waiver of $170,000 in accrued fines and partial release of the lien (as to 4100 31St Place SW only), along with dismissal of the County's counterclaim in the ongoing foreclosure case. FISCAL IMPACT: This proposed settlement recoups all County hard costs. If approved by the Board, accrued fines in the amount of $170,000 will be waived as to 4100 31St Place SW only, but the lien (and accrued fines) would continue to encumber all real and personal property owned by the Respondent. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: If approved, this lien will be partially released as to 4100 31St Place SW only. The lien will continue to encumber (and may be foreclosed against) other non - homestead properties that are owned by Francisca Alas (the original code violator). This item is legally sufficient for Board action, and requires a majority vote for approval. -JW RECOMMENDATION: That the Board waive the fines in the amount of $170,000, accept payment of $745 and partially release the Lien as described above, and also authorize the Chairman to sign the attached partial release. PREPARED BY: Jen Baker, Enforcement Supervisor, Code Enforcement Department, Growth Management Division, Planning and Regulation ATTACHMENT: Partial lien release Packet Page -1046- 4/10/2012 Item 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13. Item Summary: Recommendation to approve the partial release of lien in the Code Enforcement Actions entitled Board of County Commissioners vs. Francisca Alas, Code Enforcement Board Case No. 2007 -49, relating to property located at 4100 31st Place SW, Collier County, Florida. Meeting Date: 4/10/2012 Prepared By Name: BakerJennifer Title: VALUE MISSING 3/15/2012 1:44:15 PM Approved By Name: BakerJennifer Date: 3/15/2012 1:55:12 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/15/2012 2:06:14 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/15/2012 4:08:04 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/19/2012 10:09:58 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/20/2012 9:13:58 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/29/2012 10:16:53 AM Packet Page -1047- Name: KlatzkowJeff Title: County Attorney Date: 3/29/2012 10:42:32 AM 4/10/2012 Item 16.A.13. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 3/29/2012 11:49:14 AM Packet Page -1048- 4/10/2012 Item 16.A.13. This Instrument Prepared By: Jen Baker 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: Francisca Alas, Respondent The lien was recorded on October 7, 2007, in Official Records Book 4289, Page 3955, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of five thousand five hundred forty -nine dollars, plus accrued penalties. Collier County, a political subdivision of the State of Florida, by execution of this Partial Release of Lien, acknowledges partial payment and hereby cancels and releases the lien in relation to the following property only. GOLDEN GATE UNIT 8 PART 1 BLK 273 LOT 14 (aka 4100 31St PL SW, Collier County, Florida) Folio No. 36512960000 The Board of County Commissioners hereby acknowledges that the lien ceases to exist as to the above described property only, and that the lien shall remain in full force and effect with respect to all other real and personal property owned by the Respondent. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs the execution and recording of this Partial Release of Lien, by action of the Board on this day of 2012. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency Je E. VVright Assi ant County Attorney By: Packet Page -1049- Fred W. Coyle, Chairman