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Agenda 05/11/2010 Item #16K 5Agenda Item No. 16K5 May 11, 2010 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a letter agreement with the FDIC, acting as Receiver for Florida Community Bank, to pay the County's $200,613.87 in operational and demolition costs of the Bayshore Club, also known as the Arboretum Property, in exchange for waiver of in excess of $1,000,000 in fines and release of all code liens. OBJECTIVE: To obtain Board approval of an offer from the FDIC to pay the County's $200,613.87 in operational and demolition costs of the Bayshore Club, also known as the Arboretum Property, in exchange for waiver of in excess of $ I ,000,000 in fines and release of all code liens. CONSIDERATIONS: The property commonly known as the Bayshore Club, located at the northwest corner of Bayshore Drive and Thomasson Avenue, is in significant Code violation, and has been ordered to be demolished. The property is also the subj ect of two separate and highly contentious foreclosure proceedings. Code violation fines continue to accrue, with the present fines exceeding $ I ,000,000. The property poses a public significant health and safety threat and needs to be dcmolished. The cost to the County to demolish the property is $199,590.80. Given the pending foreclosure litigations the County wanted assurance that if it demolished the property its costs would be repaid. In furtherance of such, we have negotiated a letter agreement with the FDIC, which is acting as the receiver for the Florida Community Bank, which holds the primary mortgage, The FDIC has agreed to reimburse the County for the costs of demolition plus repay the County's operational costs in exchange for a release of the code liens. Once the property is demolished, the code violations will cease. As an aside, there is a $100 error in the proposed letter agreement. This is being corrected and a substitute letter agreement will be delivered to the Board. FISCAL IMPACT: Because approval of this letter agreement involves a commitment to waive over $ I ,000,000 in accrued fines, upon complete performance of the letter agreement, these accrued penalties would be eliminated. The agreed payment amount will reimburse the County for all of its out-of-pocket costs. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JAK RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached letter agreement with the FDIC. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Agenda Item No. 16K5 May 11, 2010 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K5 Meeting Date: Recommendation to approve a letter agreement with the FDIC, acting as Receiver for Florida Community Bank, to pay the Countys $200,613.87 in operational and demolition costs of the Bayshore Club, also known as the Arboretum Property, in exchange for waiver of in excess of $1 ,000,000 in fines and release of all code liens. 5/11/20109:00:00 AM Prepared By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 5/5/2010 11:09:25AM Approved By Jeff Klatzkow County Attorney Date 5/5/201011:53 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 5/5/201012:42 PM FDICi Agenda Item No. 16K5 May 11, 2010 Page 3 of 3 Federal Deposit Insurance Corporation 1261 Homestead Road, Ste 201, Lehigh Acres, FL 33936-B088 As Receiver for Flonda Community Bank, immokalee, Flonda Diane Flagg, Director Collier County Code Enforcement Collier County, Florida May 4, 2010 Re: Collier County Code Enforcement Special Magistrate Orders issued in Case Nos: CEAU-2009-0003065 CEPM-2009-00o3069 Dear Ms. Flagg, Please be advised that Sam C. Hill, III is the attorney-in-fact for the FDIC as Receiver (the "Receiver") of Florida Community Bank, Immokalee, Florida (the "Receiversbip") and is duly authorized to act on bebalf of the Receiver. Tbe Receiversbip balds mortgages whicb encumber the real properties (the "Arboretum Properties") which are the subject matter of the referenced orders (the "Orders"). Mr. Hill bas the power to autborize and bas authorized payment by the Receiver to Collier County, Florida ("tbe County") of the sum of $199,590.80 for reimbursement (the "Reimbursement") of certain demolition work (tbe "Work") to be undertaken by the County wbicb would completely abate the violations described in tbe referenced orders. The County bas agreed to undertake the Work and to complete it, and upon its completion. the County shall issue to the Receiver an Affidavit of Compliance indicating that all violations cited in the Orders bave been completely abated. Upon the issuance of the Affidavit of Compliance and upon tbe payment by the Receiver to the County of the sum of $200,513.87, wbicb represents the sum of $199,590.80 for Reimbursement for the Work and for $1,023.07 for operational costs, the Collier County Department of Code Enforcement shall petition the Collier County Board of Corrunissioners to have the fines described in the Orders to be rescinded, leaving the Arboretum Properties free of any liens arising in connection wi th the Wark. If this proposal meets with the approval of the Collier County, Florida Department of Code Enforcement, and the Board of County Commissioners, please signify such approval by the signature below of a person authorized to act on behalf of Collier County, Florida. The FDIC as Receiver for Florida Community Bank, Immokalee, Florida By: sam~~in-Fact Approved by the Board of County Commissioners, Cot her County, Florida DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: , Deputy Clerk FRED W. COYLE, Cbairman