Fort Walton Beach Council agenda — 05-25-2010 Regular — reading text

Engineering & Utility Services Director 7. 3 Reviewed and Concur: :!: j 1- 7110 Brandy W er, Finance Director 7. 4 Reviewed for Agenda: 5__ / o vd o ert T. Mearns ty Manager 72_ Tim Bolduc From: Joseph D. Lorenz [ law@jdlorenz.com] Sent: Friday, May 14, 2010 9: 31 AM To: Tim Bolduc Subject: Re: Godwin THIS COMMUNICATION INVOLVES PENDING LITIGATION AND POSSIBLE SETTLEMENT AND IS ATTORNEY- CLIENT PRIVILEGED AND SHOULD NOT BE DISCLOSED UNDER THE FLORIDA PUBLIC RECORD ACT WITHOUT APPROVAL OF THE CITY ATTORNEY Tim, I do not believe these offers would be raised to anything near the suggested lien settlement amounts in the ordinance without litigation which would be very expensive. There may be room for some increases in the offers, and I would not be opposed to making counteroffers. However, I, also, am not opposed from a legal standpoint, to the offers already made because of the legal issues involved in pursuing these claims against these third parties. I hope this answers your question. Joe Lorenz Original Message - - - -- From: "Tim Bolduc" < tbolduc@fwb. org> To: < kim @jdlorenz.com> Cc: " Joseph D. Lorenz" < law @jdlorenz.com> Sent: Thursday, May 13, 2010 5: 20 PM Subject: RE: Godwin For the purpose of the staff report, I need to know if Mr. Lorenz is recommending acceptance of this offer as well as the previous offer for lot 1. This is my understanding from our conversations; however I would like to clarify. The meeting is on 5 -25 -2010, and I will be turning the staff report in tomorrow. Tim Bolduc, C. B. O. Building Official Engineering Services Department City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach, FL 32548 Phone: 850- 833 -9605 Cell: 850- 585 -4644 Nextel: 186 *13224 *25 Web Page: www.fwb.org Email: tbolduc @fwb. org Original Message---- - From: kim @jdlorenz.com [ mailto: kim @jdlorenz.com] Sent: Thursday, May o6, 2010 11: 52 AM 73- To: Tim Bolduc Cc: law@jdlorenz. com Subject: Godwin Mr. Bolduc, I've attached an offer frm Mr. Borowski regarding lots 2 and 7, Grand Oaks - Godwin. Please advise. Kimberly A. Schamberger Paralegal to JOSEPH D. LORENZ POCHE' & LORENZ, LLP 127o N. EGLIN PARKWAY, STE. C -12 SHALIMAR, FLORIDA 32579 85o) 651 -4445 This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by a collect call, and return the original message to us at the above address via the United States Postal Service. Thank you. Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e -mail. 74- MAY- 06 - 2010 11: 06 T. A. BOROWSM JR. P. A. 850 429 7466 P. 02 BOROWSKI & DUNCAN, P. A. 25 WEST CEDAR STREET, SUFM 525 PENSAGOLA, FLORIDA 32502 T. A. BoRowsKi, JFL, DARRYL STEVE TRAYLOR, JR. ted@borowski- duncan. com Pas:' OFFICE Box 12651 sceve@borowskiduaean.rom PENSACOLA, FLORIDA 32591 -2651 J. SCOTT DUNCAN N (850) 429 -2027 FAX ( 850) 429. 7465 scot1borowsld •duncan.eom May 6, 2010 pia Fax #(850) 651 -3499 Joseph D. Lorenz Poche & Lorenz, LLP 1270 Eglin Pkwy Ste C 12 Shalimar, FL 32579 RE: Lots 2 and 7, Grande Oaks -- Royce /Couch Dear Mr. Lorenz, As we have discussed, I am writing on behalf of the owners of two lots against which the City claims code enforcement liens. The liens actually result from deficiencies on other lots owned by a prior owner of the lots referenced above. On behalf of my lot owners, we hereby offer the sum of $5, 000 ( being $2, 500 from each lot owner) for release of all code enforcement liens claimed by the City against their properties. To my knowledge, there are only two code enforcement liens that have ever been placed on the property, but the offer is to include any others of which we are not aware; however, if there is a current code enforcement proceeding against one of my lot owners, of which we are not aware yet, that is not intended to be addressed.) I understand you will address this with the City, and I look forward to your response. Should you wish to discuss this matter f n thcr, - please advise. Sincerely, browski, Jr. TA$ /dms cc: clients  April 21, 2010 Mr. Tim Bolduc City of Fort Walton Beach 107 SW Miracle Strip Pkwy. Ft. Walton Beach, Florida 32548 Re: Godwin, Jody /205 Florida Place and 207 Florida Place /First American Title Company Dear Mr. Bolduc, You instructed that I prepare a Memo outlining the status of the City' s two Code Enforcement liens against the properties described above, particularly in regards to the settlement offer from First American Title Insurance Company regarding transfers of other property ( Grand Oaks lots) by Jody Godwin after our liens were recorded. 205 Florida Place was foreclosed on by Vanguard Bank, whose mortgage had priority over our lien on that property ( we released the lien on 205 Florida Place). 207 Florida Place was foreclosed on by Don Dewrell, whose mortgage had priority over our lien on that property. First American Title Insurance Company issued title insurance when Lot 1 Grand Oaks was transferred from Jody Godwin to Cecilia K. Gayle. This property is located in Destin and is not the offending property location. However, Code Enforcement liens operate against all real and personal property owned by the When First American insured the title, they " missed" the liens. ( There is violator. some argument that the release on 205 released that lien entirely but the City 76- contests that interpretation. Nevertheless, the 207 Florida Place lien still operates against the Destin property.) Without a complete title search and abstract prepared by an abstractor, I can not determine the extent of property owned by Jody Godwin that might be subject to our liens, but believe those properties include Lots 1, 2, 3, 7 and 10 ( and possibly Lot 5) of Grand Oaks Subdivision. ( I am not sure who owns the other numbered lots). Lot 1 is the " First American Title" lot. First American Title has offered $ 5000. 00 for a release of the City' s lien on that lot. Lots 2 and 7 were transferred by Jody Godwin and the transfer was insured by Westco Title Insurance, and I have been in touch with their attorney, but no offer has been made yet. . Lot 3 Grand Oaks is owned by Jody Godwin and her husband Michael Beck, and it appears to be their homestead, owned by her prior to our liens. The Statute does not allow our lien to attach to homestead property of the violator. Lot 10 was transferred by Jody Godwin to Adele Lafaye and appears to be subject to our liens. I do not know if a title company insured the title since no preparer' s stamp appears except Jody Godwin' s. Lot 5 was transferred to Jody Godwin in 2002 and I can not determine if Jody Godwin still owns it or not. The new Mitigation Standards result in about $ 90,000.00 being listed for resolution of these liens. ( There is also a $ 7780. 00 amount due on 207 Florida Place for demolition expenses by the City but that amount is not included in these liens). At the direction of Mr. Mearns, I have made no contact with owners who did not have title insurance companies listed on their deeds and only contacted first American and Westco. The questions for resolution are: 1. What are the instructions for Lot 1 and the settlement offer from First American? Is there a counter offer the City directs I make? 77-  2. What are the instructions for Lots 2 and 7 and how much time should be allowed for an offer from Westco Title Insurance? 3. Am I to file suit to foreclose our liens on any or all of the Grand Oaks lots except Jody Godwin' s homestead)? 4. Am I to make claims against the other lot owners? 5. Am I authorized to spend City funds to have abstracts run on these properties and to search for any other property owned by Jody Godwin? Thank you. Sincerely, Joseph D. Lorenz Poche' & Lorenz, LLP 78_  MrstAmericaD 77tk Insumnce Cis Jan,aary 111, 2010 Joseph D. Lorcm. Fagg rewt, LLP 1.270 N, Eglin Parkway,. Suite C. 12 Shalhnar FL 32579 Re: ClaipiTHe I No. FL-0909304959 Property: Lot 1, Gravid yaks, Plat Book 14, Page 59, Okaloosa Co We are M, receipt of our letter dated Jalluary 7, 240101, First American 1.4 4ay& to make an Ment Lien recorded in Official offer for release of out insttd"s property from: the Code Efif I Recor4s Book 2695, Pargc 2882, If this is agreeable, Please, Th,1 s. 1.5 an oge.r to pay %5, 000,00 for tbe release of the propertY 001Y. 1 M remit execute the enclosed relewo and fax a copy to me, at 950.2-.05- 8707. First A.McnM WM payment Within 14 days of receipt of said fax. 3111, You can contact me directly at 850-402-481.6 or 800-929- 7186 e Sincetely, DoonaHvr1ey, ClaimsMwlager 09