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Agenda 12/01/2009 Item #16A 6 Agenda Item No. 16A6 December 1, 2009 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Release of an Ordcr of the Code Enforcement Special Magistrate against properties owned by Tarpon Cove Community Association, Inc., in code enforcement case entitled Board of County Commissioners vs. Tarpon Cove Community Assn. Inc., Special Magistrate case no. PU-4457. OBJECTIVE: To approve execution and recording of a release acknowledging compliance and recovery of fines and fees related to an Order of the Special Magistrate against properties owned by Tarpon Cove Community Association, Inc. ("Tarpon Cove"). CONSIDERA TIONS: The proposed release is intended to officially cancel any interest Collier County may have arising out of an Order of the Special Magistrate recorded against Tarpon Cove properties on January 28, 2009 (OR Book 4422, Page 3943). Tarpon Cove has complied with all requirements of the Order and paid all associated fees/fines prior to formal liens being placed against the properties. Tarpon Cove, however, is requesting the release to eliminate any claim of lien that may be implied by the Orders of the Special Magistrate. FISCAL IMPACT: Costs incurred by the County are costs of recording the Releases estimated to be $10.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners approve, and authorize the Chainnan to sign, the attached Release. PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department ,"0. "-,-,-,.,-.,; Agenda Item No. 16A6 December 1, 2009 Page 2 of3 COLLIER COUNTY ,_. BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A6 Meeting Date: Recommendation to approve a Release of an Order of the Code Enforcement Special Magistrate against properties owned by Tarpon Cove Community Association, Inc., in code enforcement case entitled Board of County Commissioners vs. Tarpon Cove Community Assn. Inc., Special Magistrate case no. PU-4457. 121112009 9:00:00 AM Prepared By Marlene Serrano Manager. Code Enforcement Operations Date Community Development & Code Enforcement 11/16/20094:45:18 PM Environmental Services Approved By Diane B. Flagg Director. Code Enforcement Date Community Development & Code Enforcement 11/16/20097:03 PM Environmental Services Approved By Judy Puig Operations Analyst Date .- Community Development & Community Development & Environmental Services Environmental Services 11/17/20098:52 AM Approved By Joseph K. Schmitt Administrator - Community Development Date Community Development & Community Development & 11117/20095,52 PM Environmental Services Environmental Services Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 11/18/20098:35 AM Approved By OMB Coordinator Date County Attorney County Attorney 11/18/20099,44 AM Approved By Jeff Klatzkow County Attorney Date 11118/20099:54 AM Approved By Mark Isackson Management/Budget Anal}/st, Senior Date - Office of Management & Budget Office of Management & Budget 11119120096:06 PM ,,--,",-<- <~g'-"- "__,____c'''''''_..,__ -.-------........""'.""'..--.... _,.'_~..~,o"... Agenda Item No. 16A6 December 1, 2009 Page 3 of 3 This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252-8400 RELEASE This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated January 12, 2009, a certified copy of which was recorded on January 28, 2009, in O.R. Book 4422, Pages 3943-44, of the Public Records of Collier County, Florida, against the real and personal property owned by Tarpon Cove Community Association, Inc., relating to Collier County Code Enforcement Special Magistrate Case No. PU-4457, has been discharged in full. The matters referenced in the Order are not considered ongoing violations, The undersigned is authorized to and does hereby release any interest Collier County may have to the real and personal property owned by Tarpon Cove Community Association, Inc., and consents to this Release. 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: , ',~8""'~<''''.'''.''-""o..."_."",.",.,,,.,_~'''''''_.''.4"....,.,..."""'" ,-",' ,.',-""..~-_._,-,. ,'-