Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

2. 1. 2 After being made aware of the property sales, the City' s Code Enforcement Attorney made contact with the title company to pursue the City' s interest. 2. 1. 3 On January 13, 2010, The City' s Code Enforcement Attorney received a settlement request from First American Title Insurance Company, offering 5, 000. 00 for the release of the liens placed on Lot 1 in Grand Oaks only. 2.2 On January 15, 2010, the City Attorney and the Building Official received an e -mail from the City' s Code Enforcement Attorney outlining the settlement offer from the title insurance company and recommending acceptance of the agreement. 132-  2. 3 After review of the documentation, the City Attorney provided an e -mail to the Building Official concurring with the Code Enforcement Attorney and recommending acceptance of the settlement offer. 2.4 The settlement offer as requested will only release the City' s lien against Lot 1 in Grand Oaks and will have no bearing on the remaining properties that the City may still have rights against. 2. 5 On May 12, 2009, Ordinance No. 1793 was adopted to amend Section 1. 05. 08 of the Code of Ordinances, titled Code Enforcement Order Mitigation Procedures, to provide a suggested schedule of mitigation percentages. The percentages in the approved schedule are a follows: Fine Amount of Fine Amount be Paid 0-$ 205000 20% of the fine amount 203001 - $ 405000 30% of the fine amount 40, 001 and over 35% of the fine amount 3. FINANCIAL INFORMATION: 3. 1 The existing fines and fees on the properties located at 205 and 207 Florida Place SE are as follows: Case # Administrative Fee Assessed Fines 05 -1052 535. 00 189, 750.00 06 -395 650. 00 443750. 00 07 -1142 9, 497. 00 Total Fees & Fines 15185. 00 243, 997. 00 4. RECOMMENDATION: 4. 1 The City' s Code Enforcement Attorney recommended acceptance of the offer of 5, 000. 00 from the title insurance company, First American Title Insurance Company, as full settlement of the liens against the property known as Lot 1 Grand Oaks, Plat Book 14, Page 59, Okaloosa County. 4.2 Staff requests City Council authorization to follow the recommendation of the Code Enforcement Attorney and accept the settlement offer of $5, 000. 00 to release the liens on Lot 1, Grand Oaks, Plat Book 14, Page 59, Okaloosa County. The property is currently in compliance, and the Code Enforcement cases were filed prior to the passage of Ordinance No. 1793. 5. ATTACHMENTS: 5. 1 Ordinance No. 1793 5. 2 Settlement Letter from First American Title Insurance Company, dated January 13, 2010 133-  5. 3 E -Mail from Code Enforcement Attorney to Staff, dated January 15, 2010 5. 4 E -Mail from City Attorney Recommending Acceptance of Settlement, dated January 19, 2010 5. 5 Legal Sufficiency E -Mail from City Attorney, dated February 12, 2010 6. SIGNATURE BLOCK: 6. 1 Submitted By:` Timothy Bolduc, Building Official 6.2 Reviewed and Concur: S ndy Wunker, Finance Director 6. 3 Reviewed and Concur: Michael D. Beedie, P. E., City Engineer 6. 4 Reviewed for Agenda: o ert T. earns y Manager 134-  Fir# American Title Insurance Company January 13: 20.10 5 Joseph D. Lorenz, Ssq- Poche'& Lorenz LLP - 12 12791. Eglin ParkwaY, Sutte C Shaffinar, PL 32579 Rc- Cl afin Filt No. r- L-0909304959 pro.per-ty,- Jot 1, ( 5rand Oaks, Plat 18001C 14, page 59, Okaloosa Co Dcar mr..Lotenz: We are in receipt of'YOUr letter dated January 7- 201.0, giving. First 1 irst American 14 days. to tnake OD offeg for release of our insured' s proPerty from the Code Enforcement Lien recorded in Official Records Book 2695, N&C, 28aq, i If thiS is agrecabl-o, plebe This is. an after to pity $5,000.00 for tlie.reloase of the INproperty. only, remit First Amen" execate the enplosed release and fax a copy to tfte- at 95D .205-8707. - VayrneInt within 14 days of reeei.Pt Of said fax. You can .contact roe direedy at 850-402-4916 or 8004929-7186 ext 3111. Donna Hurley, Claims Manager 0, 2751) Cha" callor..svitIL,I)rIv9, T* 1131196swa, PL 32412 reL 800-029-718SA3414* FAX- 550402- 1 SO2 dburI9yGfI-fztQm- 00m Page 65066 11568 Z.D 10- D1- 1515: 0 135-  DOI.imv '. . OW 10Y cc of MrStAff0can'lltle ThIldraow company 2750 Chanctltorsvljle OfA,O Tellahbuce, FL 800-9194196 cyt 3111 He NQ.., P* 0909IM959 VARTIAL R91CONE _ KNOW ALL MEN BY THESE PRESENTS, Cky of F- ort WgIton Beach, Flofidao a municipality, and exlsft under the laws (if the United Stattg of Ametical the owner and- holder of the Cif of a cesuin y afTtft WaltonCodegonehi En forcemdnt . L- ien. a 9 A1q5t prop rly of ody R.-Godwin In favor tat Record 8Ook 2695r Page 2482, in the Flodda bearing the date Februtrj-8, 2006 recorded ,in- Offic Office of the Clerk of the., Circuit Court of OkAIOOSa County, FLW hereby releases thO fbIlOWM9, propi rty frD(n said: Code Wbreernent Lien to wit' . Page 501 of the Lot.it a rand Qaksi according to the plat thereof rewrtled in Plat Book 14. public records. of Oka[00sa Countyr Floridg• The City of POrt ftltOn Beach Florida hereby acknowledges partial payment and partial' release of said Cpde Enfdrcment . 0en, aid here-by directs -the.clerk-of the said circuit -Cou rt. to release the saMO of record. WrMEsS my hand and seal this City of -fort Walton Swch Corporate Seal) By:. Nam6l. Print Poge-I of 2 3864 - 1114 65 Page 2 2010- 01- 15 ' 15: 11 85108.511 S.G8 ' 136-  State. of. Fludda County of by swom To, Subscribed aind.Acknowledged befipre Me On as of and on behalf of CRY Of -FOtt'WaItOn -BeAch! a Florida Munlcipalltyj why is pemonal.1y. known W. me or'Who has produced -ia valid drifter's kense 05 idehtiftWon. Notary Public panted -Nam)- my commission expires,- Page 2 OFF 3384 - 1154% 5 Page 3 2010- 01- 15 1511 85'06511568 137-  Page 1 of 3 Tim Bolduc From: Toni Craig [ toni& onicraig. info] Sent: Tuesday, January 19, 2010 3: 23 PM To: Tim Bolduc Cc: ' Joseph D. Lorenz.'; Robert Mearns Subject: RE: Godwin Properties Release from Title Company Tim received the letter and agree with Joe that it is advisable to accept this offer. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig.info From: Tim Bolduc [ mailto: tboiduc@fwb,org] Sent: Tuesday, January 19, 2010 12: 45 PM To: Toni Craig Subject: RE: Godwin Properties Toni, did you receive the letter from Joe yet? If so, what is your thought on this? Tim Bolduc Building Official City of Fort Walton Beach 850- 833 -9605 Original Message---- - From: Toni Craig jmailto: toni@tonicraigJnfo] Sent: Friday, January 15, 2010 2: 31 PM To: ' Joseph D. Lorenz'; Tim Bolduc Cc: Robert Mearns Subject: RE: Godwin Properties Joe Can you email or fcrx the letter directly to me please. Thank you. Toni L. Craig , Attorney at Law Fla Bar No 115444