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Agenda 05/12/2009 Item #16A 4 EXECUTIVE SUMMARY Agenda Item No. 16A4 May 12, 2009 Page 1 of 4 Recommendation to accept a proposed settlement agreement providing for Release and Satisfaction of Lien in the Code Enforcement Action entitled Collier County v. Haldeman Creek Enterprise, LLC, CEB No. 2003-023, relating to property located at 2891 Bayview Drive, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners ("Board") accept a proposed settlement agreement with Haldeman Creek Enterprise, LLC, to release a $73,037.85 code enforcement lien in exchange for payment of $8,287.00, in the Code Enforcement Board action entitled Collier County v. Haldeman Creek Enterprise, LLC, CEB No. 2003-023. CONSIDERATIONS: On June 26, 2003, the Code Enforcement Board found Haldeman Creek Enterprise, LLC ("Respondent") in violation of the Collier County Land Development Code for an alteration, enlargement and addition to a deck area of the Haldeman Creek Boat House Grill and Marina, without first obtaining a building permit and without having received a certificate of occupancy for the addition. Respondent was ordered, among other things, to either submit a sufficient application for a Site Development Plan ("SDP") or a Site Improvement Plan ("SIP"), or remove the non- permitted addition after obtaining the appropriate demolition permit, within 30 days, or a fine of $50 per day would be imposed until the property was brought into compliance. Based on the above order, the Code Enforcement Board entered an order (dated October 1, 2003) imposing the lien that is the subject of the recommended release. The Order Imposing Fine/Lien, which provided for continuing accrual of fines, was recorded at O.R. Book 3420, Pages 1725, et seq., of the Official Public Records of Collier County. The property was brought into compliance by removing the unpermitted addition on June 21, 2007. When calculated at $50 per day, for the noncompliance period of 1,425 days, combined with $1,787.85 in costs, the accrued lien amount is $73,037.85. Respondent has proposed to settle this matter for $8,287.00 and staff agreed to forward a settlement recommendation to the Board of County Commissioners for their consideration (pursuant to Resolution No. 2001-316). FISCAL IMPACT: The Respondent has paid the proposed settlement sum ($8,287.00) to show a good faith commitment to this agreement and this payment has been deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. If this agreement is approved by the Board, any claim to the remaining sum of $64,750.85 will be released. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary, Agenda Item No. 16A4 May 12, 2009 LEGAL CONSIDERATIONS: This item is not quasi-judicial and ex parte diSClos~~~i; of 4 not required. This item requires a simple majority vote, and this item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners accepts the proposed settlement agreement and authorizes the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Code Enforcement Operations Manager Agenda Item No. 16A4 May 12, 2009 Page 3 of 4 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive. Sle 30t Naples, Flonda 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Code Enforcement Board dated October 1, 2003, a certified copy of which was recorded on October 13, 2003, in O.R. Book 3420, Pages 1725, et seq, , of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Haldeman Creek Enterprise, LLC, has been discharged in full: Location: Folio No, Cost: Reference: 2891 Bayview Drive, Naples, Collier County 61835360006 . $8,287.00 (by negotiated settlement) CEB Case No. 2003-023 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Haldeman Creek Enterprise, LLC, and consents to this lien being discharged of record. Dated this day of ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: ~~~ Je E. right Assi nt County Attorney Page I of 1 /\genda Item No. 16A4 May 12, 2009 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GA4 Item Summary: Recommendation to accept a proposed settlement agreement providing for Release and Satisfaction of Lien in the Code Enforcement Action enlitled Collier Counly v, Haldeman Creek Enterprise, LLC. CEB No 2003~023. relating to property located at 2891 Bayview Drive, Collier County, FlOrida Meeting Date: 5/12/20099'0000 AM Prepared By Marlene Serrano Investigative Supervisor Date COES Code Enforcement 4/28/2009 2A4:41 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 4/28/20093:09 PM Appnu('d By Joseph K. Scllmrtt Community Development & Environmental Services Adminstrator Date Community Dev-s-!opment & Environmental Services Community Development &. Environmental Services Admin. 4/28/20098:14 PM Approved Bl Jeff Wright Assistant County Attorney Date County Attorney County .l'.ttorney Office 4/30;'20099:44 AM Appro\'('d B}' Jeff Kfa:zkow County Attorney Date County Attorney County Attorney Office 5/1/2009 8:16 Ar~ Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 5/1/20098:51 AM .\ppro\'l'd By Leo E. OChs, Jr. Deputy County Manager Date Board of Cour:ty Comllli5sioners County Manager's Office 5/4/200911:12 AM file://C:IAgendaTestIExportl 129-May%20 12,%2020091 16.%20CONSENT%20AGENDA 116... 5/6/2009