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Agenda 06/22/2010 Item #16A18 Agenda Item No. 16A18 June 22, 2010 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to accept a proposed settlement providing for Partial Release of Lien in the Code Enforcement Action entitled Collier County vs. Heriberto and Antonio Perez, Code Enforcement Board Case No. CESD20080000222, for payment of $5,000, to release property known as ]23 ]st Street (parcel ID 772]0720006), Collier County, Florida. (Revenue received $5,000). OBJECTIVE: That the Board of County Commissioners ("Board") accept a proposed settlement of $5,000 from Freddie Mac, owner by foreclosure, to partially release a code enforcement lien encumbering 123 1 sl Street. CONSIDERATIONS: As a result of code violations (unpermitted improvements) at 5384 Carolina Avenue, the Code Enforcement Board ordered the imposition of a lien ("Lien") against the owner, Heriberto and Antonio Perez, in Code Enforcement Board Case No. CESD20080000222. The Lien was recorded in the Official Public Records on December 2, 2008 at OR Book 4410, Page 3220, et seq., and the Lien encumbers all real and personal property owned by Heriberto and Antonio Perez. The underlying violation at 5384 Carolina Avenue has not been abated. Wells Fargo, representing the first mortgagee on the loan at 123 I sl Street, has filed a foreclosure suit to acquire title to this property. As a result of its Lien interest, the County filed a counterclaim, asserting the Lien. The bank's representatives are looking to clear title as part of their acquisition, and are looking to have the County dismissed from the foreclosure suit, which is ongoing. Bank United has offered a settlement amount of $5,000 to release the Lien as to 123 1" Street only. There are no code violations on this property. If the Board accepts this settlement amount, any remaining properties owned by Heriberto and Antonio Perez would have a remaining lien balance of$I17,363.18. This settlement offer was received prior to the Board approval of Resolution 2010-101 (the updated code enforcement collections resolution). FISCAL IMPACT: Wells Fargo has provided payment of $5,000, representing the proposed settlement amount, as a good faith commitment to this proposed settlement and this payment is currently 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.-JW .~ Agenda Item No, 16A18 June 22. 2010 Page 2 of 4 RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement offer of $5,000 from Wells Fargo, 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 A TT ACHMENT: 1) Partial Release of Lien Item Number: Item Summary: Meeting Date: Agenda Item No. 16A18 June 22. 2010 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A18 Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entltled Board of County Commissioners vs Heriberto and Antonio Perez, Code Enforcement Board Case No. CESD20080000222, relating to property located at 5384 Carolina Avenue, Collier County, Florida. 6/22/20109:00:00 AM Prepared By Marlene Serrano Community Development & Environmental Services Manager ~ Code Enforcement Operations Date Code Enforcement 6/10/2010 10:26:40 AM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney 6/10/2010 11 :02 AM Approved By Jeff Klatzkow County Attorney Date 6/10/201011:41 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 6/10/20101:47 PM Approved By NiCk Casalanguida Transportation Division Director ~ Transportation Planning Date Transportation Planning 6/10/20101 :57 PM Approved By Diane B. Fiagg Community Development & Environmental Services Director ~ Code Enforcement Date Code Enforcement 6/10/20104:04 PM Approved By Norm E. Feder, AICP Transportation Division Administrator. Transportation Date Approved By Transportation Administration 6/10/20104:25 PM OMS Coordinator County Manager's Office Date Office of Management & Budget 6/11/2010 9:04 AM Approved By Michael Sheffield Assistant to the County Manager Date County Managers Office 6/11/20101:45 PM 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 Agenda Item No, 16A 18 June 22. 2010 Page 4 of4 PARTIAL 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: Heriberto and Antonio Perez, Respondents The lien was recorded on 12/2/2008 in Official Records Book 4410, Pages 3220-3221, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of fifteen thousand three hundred sixty-eight dollars and eighteen cents, plus accrued interest and penalties, if any, and imposes certain Dbligations against all real and personal property owned by Respondents and situated in Collier County, Florida. This releasing instrument operates to release only the following property from the lien: LOT 13, BLOCK 2, TRAIL ACRES UNIT 1, ACCORDI NG TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGES 5 AND 50, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA with a street address of 123 1 st Street, Collier County, Florida Folio No. 77210720006 Collier County, a political subdivision of the State of Florida, by execution of this Partial Release and Satisfaction of Lien, acknowledges payment as satisfaction of the lien with respect to the above property only, and hereby cancels the lien in relation to said property. The Clerk of the Circuit Court is hereby directed to record this Partial Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist as to the abDve described property only; the lien shall remain in full force and effect with respect to all other real and persDnal property owned by Respondents. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Partial Release and Satisfaction of Lien, by action of the Board on 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 v Jeff E. Wright Assistant County Attorney