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Agenda 07/28/2009 Item #16A20Agenda Item No. 16A20 July 28, 2009 EXECUTIVE SUMMARY 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. Empire Developer's Group, LLC, for payment of County abatement costs in related Code Enforcement Board cases, relating to property parcel ID 186000005 located within Collier County, Florida. OBJECTIVE: That the Board of County Commissioners ( "Board ") accepts a proposed settlement agreement with Fifth Third Bank, mortgage holder, to release a $48,088.43 code enforcement lien imposed in the Code Enforcement Board action entitled Collier County v. Empire Developers Group, LLC, CEB Case No. CESD20080007919, in exchange for payment of $89,318.00, (representing County abatement costs), as part of settlement of outstanding Code Enforcement Board cases. CONSIDERATIONS: On September 25, 2008, the Code Enforcement Board found Empire Developer's Group, LLC ( "Respondent") in violation of the Collier County Land Development Code. Additionally, the Code Enforcement Board ordered Respondent to hydro -seed all disturbed land in Vita Tuscana by October 9, 2008 or a fine of $180 per day would be imposed until the property was brought into compliance. The Order, Finding of Fact, was recorded at: OR Book 4398, Pages 3836 et seq., and subsequently amended at OR Book 4425, Page 513, et seq. (to allow the County to abate the violation), of the Official Public Records of Collier County. The property was brought into compliance on July 7, 2009. When calculated at $180.00 per day, the amount due under the lien is $48,088.43. Code Enforcement staff contacted the Mortgage holder to advise them of pending actions. The Mortgage Lender, Fifth Third Bank, proposed to settle this matter, together with three cases currently under the jurisdiction of the Code Enforcement Board, for a total of $89,318.00. Code Enforcement staff agreed to forward a settlement recommendation to the Board of County Commissioners, pursuant to Resolution No. 2001 -316. Upon approval, staff will recommend that no lien be imposed in the three Code Enforcement Board cases, with fines totaling $104,179.29, and the three cases will be recommended for dismissal. In addition, a release of the $48,088.43 lien will be recorded in the Official Public Records. FISCAL IMPACT: The Respondent has paid the proposed settlement sum of $89,318.00 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 fines of $48,088.43 will be released. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and there are --» no outstanding legal considerations. This item is not quasi - judicial, and no ex parte disclosures are required. Approval of this item requires a simple majority vote. This item is legally sufficient for Board action. —JW Agenda Item No. 16A20 JUIy 28, 2009 Page 2 of 4 RECOMMENDATION: That the Board of County Commissioners accepts the proposed settlement agreement from Mortgage Lender, Fifth Third Bank, and authorizes the Chairman to sign the attached Release and Satisfaction of Lien. PREPARED BY: Marlene Serrano, Code Enforcement Operations Manager Agenda Item No. 16A20 July 28, 2009 Page 3 of 4 This instrument prepared by: Jeff E. Wright Assistant County Attorney Office of the Collier County Attorney 3301 Tamiami Trail, East Naples, Florida 34112 (239)252- &400 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 November 25, 2008, a certified copy of which was recorded on December 2, 2008, in O.R. Book 4410, Pages 3212 -3213, of the Public Records of Collier County, Florida, against all real and personal property located in Collier County, owned by Empire Developers Group, LLC, has been discharged in full: Empire Developers Group, LLC Collier County, Florida Payment: n/a (resolved via settlement) Reference: CEB Case No. CESD20080007919 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 Empire Developers Group, LLC, and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk WS , Deputy Clerk Approved as to form and legal jsiciency': Jef E. right Asshtalit County Attorney 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I� DONNA FIALA, CHAIRMAN Page 1 of l Agenda item No. 16A20 Jt1ly 28. 2009 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A20 Item Summary: Recommendation to accept a proposed settlement agreement providing for Release and Satisfaction of Lien in the Code Enforcement Action entitled Collier County v. Empire Developers Grcup. LI-C, relating to property parcel ID 186000005 located within, Collier County, Flcrica. Meeting Date: 7/28)'2009 9 00 00 .AM Prepared By Sharon Dantini Training Coordinator Community Development & Code Enforcement Environmenta'. Services Date 7116/2009 10:56:54 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 7116/2009 4:26 PM Approved By 'ode Enforcement Jeff Klatzkow CountV Attorney Date County Attorney County Attorney Office 711612009 4:59 PM Approved By Diane S. Flagg Code Enforcement Director Date Community Development & 'ode Enforcement 71152009 5:15 PM Environmental Services Community Development & 7(161009 5:31 PM Approved By Environmental Services Admin. Judy Puig Operations Analyst Date Community Development & Community Development & 7/16/2009 5:19 PM Environmental Services Environmental Services Admin. 7/1712009 10:19 AM Approved By Community Deveiopment & Date Joseph K. Schmitt Environmental Services Administrator Community Development & Community Development & 7(161009 5:31 PM Environmental Services Environmental Services Admin. .Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Nrianagement & Budget 7/1712009 10:19 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/17/2009 1:40 PM Approved By Winona W. Stone Assistant to the County Manger Date Board of County County Manager's Office 7117/2009 4:30 PCVI Commissioners file: / /C: \AgendaTest \Export\l 33 -July% 2028,% 202009 \16. %2000NSENT °io20AGENDA\ 1... 7/22/2009