Backup Documents 10/27/2009 Item #16A 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP IDj fle~; ~
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0-.71./ v I
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. The completed routinllip~d ojin?
documents are to be forwarded to the Board Office only after the Board has taken action on the item.) .I. 0 It
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. lfthe document is already complete with the
exception of the Chainnan's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson line#5).
Route to Addressee(s) Office Initials Date
---.LUst in routing order)
1. Judy Puig CDES Administration y ~ 10/,11101
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County U-- loll~{b<J
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta::t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of1he addressees above, including Sue Filson, need to crntact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bec has acted to approve the
item.)
Name of Primary Staff Marlene Serrano Phone Number 252-2487
Contact
Agenda Date Item was October 27,2009 Agenda Item Number 16A7
Approved by the BCC
Type of Docwnent Release and Satisfaction of Lien Number of Original 1
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All docwnents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a Iicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to ran Mitchell in the Bce office within 24 hours of Bee approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 10/27/09 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A (Not
A Iicable)
2.
3.
4.
5.
6.
9f
fJlt-
I: Formsl County Formsl Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16A7
EXECUTIVE SUMMARY
Recommendation to approve Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action entitled
Deutsche Bank Trust Co., CEB No. 2007080008 relating to property located
at 2414 58th Avenue NE, Naples, Florida.
OBJECTIVE: That the Board of County Commissioners approve a proposed
settlement with Deutsche Bank Trust Co., to release code enforcement liens,
fines, civil penalties and operational costs in the total amount of $71,399.19 in
exchange for payment of $24,080 in the Code Enforcement Board action entitled
Collier County v. Deutsche Bank Trust Co, CEB No. 2007080008.
CONSIDERATIONS: On April 24, 2008, The Code Enforcement Board found
Melkys Borrego (Respondent) in violation of the Collier County Land
Development Code for a garage enclosure with no permits, converted into living
space with full size bathroom, kitchen, living room, laundry room, and bedrooms.
Respondent was ordered, to obtain a Collier County Building Permit or
Demolition Permit for the garage enclosure and alterations, all inspections, and
obtain a certificate of occupancy within 120 days, or a fine of $250 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
May 28, 2009) imposing a lien. The Order Imposing Fine/Lien, which provided
for continuing accrual of fines, was recorded at O.R. Book 4460, Page 2907, et
seq., of the Official Public Records of Collier County. The property was brought
into compliance by Deutsche Bank (who acquired the property through
foreclosure action) on June 2, 2009. When calculated at $250 per day for the
noncompliance period of 284 days, combined with $399.19 in operational costs,
the accrued lien amount is $71,399.19.
Deutsche Bank has deposited $24,080, representing fifty percent (50%) of the
lien amount, less the bank's expenditures to bring the property into compliance.
FISCAL IMPACT: The Bank has paid $24,080 for consideration of this
settlement offer( via two separate payments, one for $2,979.19 and the other for
$21,100.81). These funds have been deposited into the Code Enforcement
Board Fines Revenue Account MSTD General Fund 111. If the settlement offer
is approved by the Board, the remaining fines in the amount of $47,319.19 will be
waived.
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
16A7
RECOMMENDATION: That the Board of County Commissioners accepts the
proposed settlement agreement and authorizes the Chairman to sign the
attached Release and Satisfactions of Lien.
PREPARED BY: Diane Flagg, Code Enforcement Director
16A7
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
~~~~6~7757 OR 4505 PG 970
DWIGHT ED8~~g~009 425 PM PAGES 1
COLLIER COUNTY
REC $10 00 CLERK OF THE CIRCUIT COURT
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 May 28, 2009, a certified copy of which was recorded on June
10, 2009, in O.R. Book 4460, Page 2907, 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 Deutsche Bank Trust Co.,:
Location:
Cost:
Reference:
2414 58th Avenue NE, Naples, Collier County
$ 24,080.00 (by negotiated settlement)
CEB Case No. 2007080008
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 Deutsche Bank Trust Co., and consents to this lien being discharged of
record.
Dated this ,;}i~day of ~b.l,
,2009.
ATTEST .'
DVYIl;3HT,J;:~""'" Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FLORIDA
d~
By:
Donna Fiala, Chairman
Item# ~
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Date ." I ~?11 0:1
Reed ~
Deputy Clerk