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Agenda 03/22/2011 Item #16A2 3/22/2011 Item 16.A.2. EXECUTIVE SUMMARY Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. MFC Investments (formerly Angel and Lissette Riquelme), Code Enforcement Board Case No. 2006110568 (a.k.a. 2007-34), relating to property located at 2095 47th Avenue NE, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (Board) approve waiver of fines and authorize the Chairman to sign a Re]ease and Satisfaction of Lien in relation to the code enforcement action described below, CONSIDERATIONS: As a result of code violations at 2095 47th Ave NE, the Code Enforcement Board ("CEB") found Angel and Lissette Riquelme in violation of the County Land Development Code, for an unpermitted shed (CEB Case No, 2006110568, a,k,a, 2007-34), The order was recorded on June 8, 2007, at OK Book 424], Page 2413, On December 22,2009, MFC Investments, LLC took title to the property via foreclosure (certificate of title), and brought the property into compliance on or about February 18,2010, On March 26, 20 I 0, the CEB ordered the imposition of a lien against MFC Investments, The lien was recorded in the Official Public Records on March 3 I, 2010, at O,R, Book 4551, Page 1250, and it encumbers all real and personal property owned by MFC Investments, Based on accrued fines for the non-compliance period of 978 days at $100 per day ($97,800) plus operational costs in the amount of $357,80, the accrued lien amount is $98,157,80, Warranty Title Solutions, on behalf of the owner, has offered a settlement amount of $607,80 to release the lien, This amount represents operational costs in the amount of $357,80, plus $250 in fines, In consideration of the County accepting the settlement payment, they are requesting a waiver of$97,550 in fines, FISCAL IMPACT: If approved by the Board, accrued tines in the amounts described in this Executive Summary will be waived. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for approval. -JW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, RECOMMENDATION: That the Board waive the fines as described herein, and by approval of this item, authorize the Chairman to sign the attached Release and Satisfaetion nfLien, PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department, Grow1h Management Division, Planning and Regulation, ,- ATTACHMENT: (I) Release and Satisfaction of Lien Packet Page -815- 3/22/2011 Item 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16A2, Item Summary: Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs, MFC Investments (formerly Angel and Lissette Riquelme), Code Enforcement Board Case No, 2006110568 (a,k,a, 2007-34), relating to property located at 2095 47th Avenue NE, Collier County, Florida, Meeting Date: 3/22/2011 Prepared By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforce 2/24/2011 ]] :39:50 AM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 2/25/20] I 2: 17:33 PM Name: FlaggDiane Title: Director - Code Enforcement.Code Enforcement Date: 2/25/201] 4:06:58 PM Name: MarceJlaleanne Title: Executive Secretary,Transportation Planning Date: 2/28/201] 8:09:] I AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/1/20]] ]0:13:47 AM Name: FederNorm Title: Administrator - Gro"th Management Div,Transportati Date: 3/]/201] 11:19:13 AM Name, KlatzkowJeff Title: County Attorney, Packet Page -816- 3/22/2011 Item 16.A.2. Date: 3111/20113:24:51 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date:3114/20111:19:04PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 3/14/2011 1:24:51 PM Packet Page -817- 3/22/2011 Item 16.A.2. This Instrument Prepared By: Jeff E, Wright , Assistant County Attorney Collier County Attorney's Office 3001 E, Tamiami Trail Naples, FL 34112 (239) 252-8400 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: MFC Investments, Respondent The lien was recorded on March 31, 2010, in Official Records Book 4551, Pages 1250, et seq., in the Official Records of Collier County, State of Florida, The lien secures the principal sum of ninety-eight thousand one hundred fifty-seven dollars and eighty cents, and imposes certain obligations against real property situated in Collier County, Florida, which property is described as follows: 2095 47th Avenue N.E. Folio No, 39658640003 The East 105 feet of Tract 80, Golden Gate Estates, Unit 60, According to the Plat thereof, recorded in Plat Book 7, Page 62, of the Public Records of 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 full satisfaction of the iien and hereby cancels said lien, along with the underlying order recorded at Official Records Book 4241, Pages 2413, et seq. 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. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release and Satisfaction of Lien, by action of the Board on this day of ,2011, ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Fred W, Coyle, Chairman Deputy Clerk Approved as to form and legal sufficiency {,\ ~ }~ht Assistant County Attorney Packet Page -818-