Agenda 02/09/2010 Item #16A4
EXECUTIVE SUMMARY
Agenda Item No. 16M
February 9,2010
Page 1 of 7
Recommendation to accept a proposed settlement providing for Partial Release in the Code
Enforcement Actions entitled Collier County v. Michael Wade, Gregory Oft and Joseph J.
Schwart;., Code Enforcement Special Magistrate Case Nos. 2007060788,
CENA20080000197, CENA20080006881 and CENA20090013637, for payment of $1,000, to
release property known as 167 Collier Blvd North (parcel ID 22320280009), 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 $1,666.75 code enforcement lien
imposed in the Code Enforcement Special Magistrate action entitled Collier County v. Michael
Wade, Gregory Oft and Joseph J. Schwartz., Code Enforcement Special Magistrate Case Nos.
2007060788, CENA20080000197, CENA20080006881 and CENA20090013637, in exchange
for payment of$I,OOO.
CONSIDERATIONS:
As a result of various code violations at 18001 Bluewater Drive, the Code Enforcement Special
Magistrate OTdered the imposition of the following liens against the owners, Michael Wade,
Gregory Ott and Joseph J. Schwartz, as follows:
1. Case No. 2007060788: O.R. Book 4343, Page 3044 ($255);
2. Case No. CENA20080000197: O.R. Book 4380, Page 2494 ($255);
3. Case No. CENA2008000688I : O.R. Book 4455, Page 1970 ($345); and
4. Case No. CENA20090013637: Three separate liens recOTded at O.R. Book 4500,
Pages 3359, 3362, and 3365 ($811.75, collectively, fOT these three liens).
These "Lien Orders" were recorded in the Official Public Records of Collier County, and they
encumber all real and peTsonal property owned by Mr. Wade, Mr. Ott and/oT Mr. Schwartz.
Mr. Wade, Mr. Ott, and Mr. Schwartz also (separately) hold title to other properties in Collier
County, and in August, 2009, Deutsche Bank filed an action to foreclose and obtained title to
property known as 167 Collier Boulevard North, which was owned by Joseph Schwartz.
Because the County held the above-described encumbrances against Mr. Schwartz, the County's
interests slITVived the foreclosure following Deutsche Bank's acquisition. Deutsche Bank now
wishes to obtain a partial release of the Lien OrdeTs, only with respect to their acquired property
(i.e., 167 Collier Boulevard North).
To obtain partial releases, Deutsche Bank has offered to settle the above mentioned liens, by
paying a sum which represents 60% of the liens' collective value.
If approved, the above Lien Orders would be partially released with respect to 167 Collier Blvd
North, but the balance on the liens (roughly 40% of their stated value) will continue to encumber
all other (non-homestead) real and personal property owned by Michael Wade, GTegory Olt,
and/or Joseph J. Schwartz, including the property where the violations took place (18001
Bluewater Drive).
Agenda Item No. 16A4
February 9,2010
Page 2 of 7
FISCAL IMPACT:
Deutsche Bank has provided payment of $1,000, 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 collective balance of $666.75
would continue to encumbeT all real and personal property owned by Michael Wade, Gregory
Ott and Joseph J. Schwartz, except 167 Collier Blvd North.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Swnmary.
LEGAL CONSIDERATIONS: This item has no outstanding legal considerations. -JW
RECOMMENDATION:
That the Board of County Commissioners accept the proposed settlement offer from Deutsche
Bank and authorize the Chairman to sign the attached Partial Releases of Lien.
PREPARED BY:
MaTlene Serrano, Code Enforcement Operations Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A4
February 9, 2010
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A4
Recommendation to accept a proposed settlement providing for Partial Release in the Code
Enforcement Actions entitled Collier County v. Michael Wade. Gregory Otl and Joseph J.
Schwartz, Code Enforcement Special magistrate Case Nos. 2007060788,
CENA20080000197, CENA20080006881 and CENA20090013637, for payment of $1 ,000 to
release property known as 167 Collier Blvd North (parcellD 22320280009), located within
Collier County, Florida.
2/9/2010 9:00:00 AM
Date
Prepared By
Marlene Serrano
Community Development &
Environmental Services
Manager - Code Enforcement Operations
Code Enforcement
1/26/201010:32:56 AM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
1/27/20102:44 PM
Date
Approved By
Diane B. Flagg
Community Development &
Environmental Services
Director - Code Enforcement
Code Enforcement
1/27/2010 2:S3 PM
Approved By
Date
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
1/28/20109;15 AM
Approved By
Date
Nick Casalanguida
Transportation Division
Director - Transportation Planning
Transportation Planning
1/28/20101:49 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
1/28/20104:33 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
1/29/2010 10:09 AM
Agenda Item No. 16A4
February 9, 2010
Page 4 of 7
This instrument prepared by:
JetTE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
PARTIAL RELEASE OF LIEN
This is to certify that the claim of lien ("Lien") arising out of the Order of the
Special Magistrate dated March 7, 2008, a certified copy of which was recorded on
March 31, 2008, in O.R. Book 4343, Page 3044, of the Public Records of Collier County,
Florida, against all real and personal property located in Collier County, owned by
Michael Wade, Gregory Oll & Joseph J. Schwartz, has been partially discharged, only
with respect to the following property:
Address:
Folio no.:
Reference:
167 Collier Boulevard North
22320280009
OSM Case No. 2007060788
The undersigned is authorized to and does hereby partially release this
Lien, and consents to this Lien being discharged of Tecord with respect to the
above-named party(ies).
Dated this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
Agenda Item No. 16A4
February 9,2010
Page 5 of 7
This instrument prepared by:
JetTE. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
PARTIAL RELEASE OF LIEN
This is to certiry that the claim of lien ("Lien") arising out of the Order of the
Special Magistrate dated July 1, 2008, a certified copy of which was recorded on July 23,
2008, in O.R Book 4380, Page 2494, of the Public Records of Collier County, Florida,
against all real and personal property located in Collier County, owned by Michael Wade,
Gregory Ott & Joseph J, Schwartz, has been partially discharged, only with respect to the
following property:
Address:
Folio no.:
Reference:
167 Collier Boulevard North
22320280009
OSM Case No. CENA20080000197
The undersigned is authorized to and does hereby partially 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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~
Je . right
ASSIS t County Attorney
Agenda Item No. 16A4
February 9,2010
Page 6 of 7
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, Florida 34104
(239) 213-2939
PARTIAL RELEASE OF LIEN
This is to certify that the claim of lien ("Lien") alising out of the Order of the
Special Magistrate dated May 1,2009, a certified copy of which was recorded on May 26,
2009, in O.R. Book 4455, Page 1970, of the Public Records of Collier County, Florida,
against all real and personal property located in Collier County, owned by Michael Wade,
Gregory Ott & Joseph J. Schwartz, has been partially dischalged, only with respect to the
following property:
AddTess:
Folio no.:
Reference:
167 Collier Boulevard North
22320280009
OSM Case No. CENA2008000688I
The undersigned is authorized to and does hereby partially release this
Lien, and consents to this Lien being dischalged of record with respect to the
above-named party(ies).
Dated this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
Agenda Item No. 16A4
February 9,2010
Page 7 of 7
This instrument prepared by:
Jeff E. Wright
Assistant County Attorney
2800 N. Horseshoe Drive, Ste 301
Naples, florida 34104
(239) 213-2939
PARTIAL RELEASE OF LIENS
This is to certify that the claims of lien ("Liens") arising out of the OTders of the
Special Magistrate dated September 18, 2009, certified copies of which were recorded on
October 16, 2009, in O.R. Book 4500, Page 3359; O.R. Book 4500, Page 3362; and OK
Book 4500, Page 3365, of the Public Records of Collier County, Florida, against all real
and personal property located in CollieT County, owned by Michael Wade, Gregory Ou &
Joseph J. Schwartz, has been partially discharged, only with respect to the following
property:
Address:
Folio no.:
Reference:
167 Collier Boulevard North
22320280009
OSM Case No. CENA20090013637
The undersigned is authorized to and does hereby partially release these
Liens, and consents to this Lien being discharged of record with respect to the
above-named party(ies).
Dated this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Approved as to form and
legal sufficiency: