Agenda 11/08/2011 Item #16A 211/8/2011 Item 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve the partial release of lien in the Code Enforcement Action
entitled Board of .County Commissioners vs. Joseph H. Deroma Living Trust Ltd., Code
Enforcement Special Magistrate Case No. CEPM- 2009 - 0008163, relating to property
located at 824 96'" Avenue N., Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to partially
release a code enforcement lien encumbering 824 96th Avenue N., for payment of costs
incurred by the County.
CONSIDERATIONS: As a result of code violations at 836 96th Ave N., the Code Enforcement
Special Magistrate ordered the imposition of a lien ( "Lien ") against the owner Joseph H.
Deroma, in Special Magistrate Case No. CEPM20090008163. The lien was recorded in the
Official Public Records on July 1, 2010, at O.R. Book 4581, Page 3480, and the lien encumbers
all real property owned by Mr. Deroma.
As part of a pending residential sale between Federal Home Loan Mortgage Corp. and a
prospective buyer, Federal Home Loan Mortgage paid $450.00 representing the proposed
settlement amount to partially release the lien; with respect to 824 96th Avenue N. operational
costs in the amount of $112.69 were paid by another party. There are no code violations on this
property. Any property owned by Mr. Deroma would continue to be encumbered by the lien, in
the approximate amount of $100,400.
FISCAL IMPACT: The bank has provided payment of $450.00, as a good faith commitment to
/1�*N this proposed settlement and this payment is being held by the Code Enforcement Department
pending acceptance by the Board.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a
majority vote for approval. -JW
RECOMMENDATION: That the Board accept the proposed settlement offer of $450.00, as
described herein, and authorize the Chairman to sign the attached Partial Release of Lien.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department,
Growth Management Division, Planning and Regulation.
ATTACHMENT: (1) Partial Release of Lien
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11/8/2011 Item 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2.
Item Summary: Recommendation to approve the partial release of lien in the Code
Enforcement Action entitled Board of County Commissioners vs. Joseph H. Deroma Living Trust
Ltd., Code Enforcement Special Magistrate Case No. CEPM- 2009 - 0008163, relating to property
located at 824 96th Avenue N., Collier County, Florida.
Meeting Date: 11/8/2011
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
9/26/2011 8:28:52 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 9/28/2011 9:37:46 AM
Name: F1aggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 9/28/20114:37:06 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/29/20113:07:06 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 10/3/20119:36:26 AM
Name: Wrightleff
Title: Assistant County Attorney,County Attorney
Date: 10/6/2011 12:44:39 PM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 10/26/2011 1:37:43 PM
11/8/2011 Item 16.A.2.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 10/28/2011 10:55:35 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 10/28/2011 2:04:37 PM
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11/8/2011 Item 16.A.2.
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
PARTIAL RELEASE 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:
Joseph H. Deroma Living Trust Ltd, Owner ( "Respondent ")
The lien was recorded on 07/01/2010 in Official Records Book 4581, Page 3480, in the
Official Records of Collier County, State of Florida. The lien secures the accrued sum of
One Hundred Thousand and Four Hundred dollars (representing $4,000 as stated on
lien instrument, 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:
82496 th Avenue North, Unit B, Naples, Florida
Folio No. 62769800000
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 Respondent.
IN WITNESS WHEREOF, the Boar d
Florida, acting through its Chairman
Release and Satisfaction of Lien, by
, 2011.
ATTEST
DWIGHT E. BROCK, Clerk
of County Commissioners of Collier County,
directs execution and recording of this Partial
action of the Board on this day of
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form and legal sufficiency
J
Jet Wrjght
As nt County Attorney
By:
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Fred W. Coyle, Chairman