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Agenda 10/26/2010 Item #16A 3Agenda Item No. 16A3 October 26, 2010 EXECUTIVE SUMMARY Page 1 of 3 Recommendation to approve the partial release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Ted Zhi Luo, Code Enforcement Board Case No. 2007 -100, relating to property located at 11580 Riggs Road, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners ( "BCC ") accept a proposed settlement agreement in the amount of $800 from Wells Fargo Bank, N.A., owner by foreclosure, to partially release a code enforcement lien encumbering 11580 Riggs Road. CONSIDERATIONS: As a result of code violations at 5401 Mahogany Ridge Drive, the Code Enforcement Board ordered the imposition of a lien ( "Lien ") against the owner, Ted Zhi Luo ( "Luo "), in Code Enforcement Board Case No. 2007 -100. The Lien was recorded in the Official Public Records on January 31, 2008, at OR Book 4325, Page 2981, et seq., and the Lien encumbers all real and personal property owned by Luo. On April 14, 2010, Wells Fargo Bank, N.A., obtained title, through foreclosure, to property known as 11580 Riggs Road, which was also owned by Luo. The bank has offered a settlement amount of $800 to partially release the lien, with respect to 11580 Riggs Road only. There are no code violations on this property. If the BCC accepts this settlement amount the remaining properties owned by Luo would have a remaining lien amount of $201,600. FISCAL IMPACT: Wells Fargo Bank N.A., has provided payment of $800, 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 BCC. This amount is greater than the County's actual costs in this matter. 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 RECOMMENDATION: That the Board of County Commissioners accept the proposed settlement offer of $800 from Wells Fargo Bank, N.A., 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. ATTACHMENTS: 1) Partial Release of Lien Agenda Item No. 16A3 October 26, 2010 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A3 Item Summary: Recommendation to approve the partial release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Ted Zhi Luo, Code Enforcement Board Case No. 2007 -100, relating to property located at 11580 Riggs Road, Collier County, Florida. Meeting Date: 10/26/2010 9:00:00 AM Prepared By Marlene Serrano Manager - Code Enforcement Operations Date Community Development & Environmental Services Code Enforcement 1014/2010 4:20:20 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services 10/5/2010 1:24 PM Approved By Nick Casalanguida Director - Transportation Planning Date Transportation Division Transportation Planning 10/512010 5:08 PM Approved By Diane B. Flagg Director - Code Enforcement Date Community Development & Environmental Services Code Enforcement 101512010 6:37 PM Approved By Norm E. Feder, AICP Administrator - Transportation Date Transportation Division Transportation Administration 101812010 1:45 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 10/12/2010 12:59 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1412010 12:09 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Office of Management & Budget Office of Management & Budget 10/15/2010 12:28 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/16/2010 2:55 PM Agenda Item No. 16A3 This Instrument Prepared By: October 26, 2010 Jeff E. Wright , Assistant County Attorney Page 3 of 3 Collier County Attorney's Office 3001 E. Tamiami Trail Naples, FL 34112 (239) 252 -8400 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: Ted Zhi Luo, Respondent The lien was recorded on 1/31/2008 in Official Records Book 4325, Pages 2981 -82, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six thousand four hundred dollars, plus accrued interest and penalties, if any, and imposes certain obligations against all real and personal property owned by Respondent and situated in Collier County, Florida. 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. 11580 Riggs Road, Collier County, Florida Folio No. 00762160000 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 Board Florida, acting through its Chairman Release of Lien, by action of , 2010. ATTEST DWIGHT E. BROCK, Clerk By: Deputy Clerk of County Commissioners of Collier County, directs execution and recording of this Partial the Board on this day of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Jeff right Assis t County Attorney By: Fred W. Coyle, Chairman