Agenda 01/26/2010 Item #16A7Agenda Item No. 16A7
January 26, 2010
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to release a code enforcement lien, and waive related fines, in the Code
Enforcement Action entitled Collier County v. Thomas and Marian Baker, Code
Enforcement Board Case No. 2003 -26.
OBJECTIVE: To have the Board of County Commissioners (`Board ") waive fines and release a
$180,201.15 code enforcement lien imposed in the Code Enforcement Board action entitled
Collier County v. Thomas and Marian Baker, CEB Case No. 2003 -26.
CONSIDERATIONS: As a result of various code violations at 5643 Taylor Road (relating to
illegal site development), the Code Enforcement Board ordered the imposition of a lien against
the owners, Thomas and Marian Baker (the `Bakers "), in CEB Case No. 2003 -26. This "Order
Imposing Lien" was recorded in the Official Public Records at OR Book 3552, Page 0938, on
April 29, 2004, and encumbers all non - homestead real and personal property owned by the
Bakers.
The property is now incompliance, but over $188,000 in fines accrued during the period of non-
compliance. The Bakers hold title to other non - homestead property in Collier County (in
addition to the Taylor Road property referenced above). At least two of these properties are
involved in foreclosure proceedings. As part of these foreclosure proceedings, the County
would normally assert the $180,201.15 lien as superior to the mortgage. However, the existence
of this fairly large lien has impeded the Bakers' ability to resolve the foreclosure cases by
working directly with their lenders.
On November 10, 2009, under Agenda Item No. 16A9, the Board approved a partial release of
this same lien, in exchange for payment of $8,458 by Deutsche Bank. This partial payment
reduced the lien to its present value of $180,201.15.
If this item is approved, the Order Imposing Lien (OR Book 3552, Page 0938) would be fully
released with respect to all of the Bakers' properties, and the County would forego the
opportunity to assert its lien interest (and obtain payment from the lender banks) in any pending
foreclosure actions.
As mentioned in the November 2009 Executive Summary (a copy of which is included in the
backup materials), the Code Enforcement Department and the County Attorney's Office have
been working actively with the Bakers to resolve their outstanding lien on reasonable terms. So
far, the County has obtained compliance and received $8,458 from Deutsche Bank (which covers
all County costs incurred).
FISCAL IMPACT: The County's cost of recording the partial release is under $20. The
balance on the lien ($180,201.15) would be released and forever relinquished.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
Agenda Item No. 16A7
January 26, 2010
Page 2 of 6
RECOMMENDATION: That the Board of County Commissioners waive fines and release the
lien recorded at O.R. Book 3552, Page 0938, and authorize the Chairman to sign the attached
Release of Lien.
PREPARED BY: Marlene Serrano, Code Enforcement Operations Manager
Agenda Item No. 16A7
January 26, 2010
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A7
Item Summary:
Recommendation to release a code enforcement lien, and waive related fines, in the Code
Enforcement Action entitled Collier County v. Thomas and Marian Baker, Code Enforcement
Board Case No. 2003 -26.
Meeting Date:
1/26/2010 9:00:00 AM
Prepared By
Marlene Serrano
Manager - Code Enforcement Operations
Date
Community Development &
Environmental Services
Code Enforcement
111312010 4:57:46 PM
Approved By
Diane B. Flagg
Director - Code Enforcement
Date
Community Development &
Environmental Services
Code Enforcement
111312010 4:57 PM
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
1113/2010 5:13 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
1115/2010 7:59 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
111512010 10:32 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
1115/2010 12:30 PM
Approved By
Jeff Klatzkow
County Attorney
Date
1115/20101:21 PM
Approved By
Mark lsackson
ManagementlBudget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
1119/2010 11:09 AM
Agenda Item No. 16A7
AgendajR&%T 2 6{� 10
November 1 000 f 6
EXECUTIVE SUMMARY Page 1 of 12
Recommendation to accept a proposed settlement providing for Partial Release of one Lien
and one Order in the Code Enforcement Actions entitled Collier County v. Thomas and
Marian Baker, Code Enforcement Board Case Nos. 2003 -26 and 2006 -62, for payment of
$8,458, to release property known as 2759 Lakeview Drive (parcel ID 48173480001),
located within Collier County, Florida.
OBJECTIVE:
That the Board of County Commissioners ( "Board ") accept a proposed settlement agreement
with Deutsche Bank, mortgage holder, to partially release a $188,659.15 code enforcement lien
imposed in the Code Enforcement Board action entitled Collier County v. Thomas and Marian
Baker, CEB Case No. 2003 -026, and to partially release the finding of fact order in CEB Case
No. 2006 -62, in exchange for payment of $8,458, in order to settle a foreclosure lawsuit where
the County has asserted its lien interests.
CONSIDERATIONS:
As a result of various code violations at 5643 Taylor Road, the Code Enforcement Board ordered
the imposition of a lien against the owners, Thomas and Marian Baker (the "Bakers'), in CEB
Case No. 2003 -026. This "Order Imposing Lien" was recorded in the Official Public Records at
OR Book 3552, Page 0938, and encumbers all real and personal property owned by the Bakers.
As a result of various code violations at 5705 Taylor Road, the Code Enforcement Board entered
a "Finding of Fact, Conclusions of Law and Order of the Board," which was recorded at OR
Book 4163, Page 0625. This order has not resulted in the imposition of a lien against all real and
personal property owned by Thomas and Marian Baker, but it has been recorded in the public
record. This order functions as notice to subsequent purchasers (assigns, etc.) of code violations
at 5705 Taylor Road as described in the order.
The Bakers also hold title to other property in Collier County, and in May, 2009, Deutsche Bank
filed an action to foreclose on property known as 2759 Lakeview Drive (in Circuit Court Case
No. 09- 4249 -CA), which is currently owned by Thomas and Marian Baker. Because the County
held the above - described encumbrances against the Bakers, the County asserted its interests as
superior to Deutsche Bank's mortgage interest in this foreclosure case.
As a result of the County asserting its interests in this foreclosure lawsuit, Deutsche Bank has
offered to settle the foreclosure lawsuit with respect to the County, by paying a sum which
represents 50% of their calculated "pro rata" value of the Order Imposing Lien encumbering
2759 Lakeview Drive. Deutsche Bank's proposed settlement letter and related communications
are attached as Exhibit A; an October 21, 2009 internal memorandum with additional
information is attached as Exhibit B (without attachments).
If approved, the Order Imposing Lien (OR Book 3552, Page 0938) would be partially released
with respect to 2759 Lakeview Drive, but will continue to encumber all other (non - homestead)
real and personal property owned by the Bakers. In addition, the order recorded at OR Book
4163, Page 0625 would be partially released with respect to 2759 Lakeview Drive, but would
continue to function as notice to subsequent purchasers of violations at 5705 Taylor Road, as
described in the order.
Agenda Item No. 16A7
Agend��rCf 6
November 0000
Page 2 of 12
Finally, because the underlying lien in Case No. 2003 -026 is so large (over $180,000) and the
violations at 5643 Taylor Road have been abated, the Code Enforcement Department, together
with the County Attorney's Office, are working actively with the Bakers to resolve this lien on
reasonable terms. Any such resolution will require future Board approval.
FISCAL IMPACT:
Deutsche Bank has provided payment of $8,458, representing the proposed settlement sum, as a
good faith commitment to this agreement, and this payment is currently being held by the County
Attorney's Office pending resolution of this agenda item. The balance on the $188,659.15 lien
would be reduced by $8,458, to $180,201.15, and the lien would continue to encumber all real
and personal property owned by the Bakers, except 2759 Lakeview Drive.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
That the Board of County Commissioners accept the proposed settlement offer from Mortgage
Lender, Deutsche Bank, and authorizes the Chairman to sign the attached Partial Release of Lien
and Partial Release.
PREPARED BY:
Marlene Serrano, Code Enforcement Operations Manager
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213 -2939
RELEASE OF LIEN
Agenda Item No. 16A7
January 26, 2010
Page 6 of 6
This is to certify that the claim of lien ( ,,Lien ,,) arising out of the Code
Enforcement Board Order dated April 26, 2004, a certified copy of which was recorded
on April 29, 2004, in O.R. Book 3552, Pages 938, et seq., of the Public Records of
Collier County, Florida, against all real and personal property located in Collier County,
owned by Thomas and Marian Baker, has been discharged.
Cost: n/a (fines waived)
Reference: Case No. CEB 2003 -26
The undersigned is authorized to and does hereby release this Lien, and
consents to this Lien being discharged of record with respect to the above -named
party(ies).
Dated this day of 2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
I
imm
, Deputy Clerk
Approved as to form and
legal sufficiency:
f
Je E. right
Asst ant County Attorney
0
FRED COYLE, CHAIRMAN