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1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
August 14, 2008 Meeting Type: Regular Ordinance #: N/A
Consent Agenda: Yes Resolution #: N!A
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Release of code enforcement lien on 498 Dover Road; formerly known as the "Siegel Property."
3. BUDGET /FINANCIAL IMPACT:
Account #: NIA Amount of this item: N/A
Current Budgeted Amount Available:
NIA Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
The Village of Tequesta has been asked by the title company that was involved in the recent
sale/purchase transaction of the property located at 498 Dover Road to release a certain lien on the
property held by the Village of Tequesta.
It is the recommendation of the Village Attorney Keith Davis to release the lien as requested by the title
company.
5. APPROVALS~:/ ~ -
De t. Head: UV • ? 3~ ~$ Finance Director:
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Attorney: (for legal sufficiency) See memorandum Yes
Village Manager: ~~~ ~~~~'~~
• SUBMIT FOR COUNCIL DISCUSSION: []~
• APPROVE ITEM:
^ No ^
• DENY ITEM: ^
,~~o;;ESTq' TEQUESTA POLICE DEPARTMENT ,, ~
~OOUC~'~ MEMORANDUM
DEPT ~-T7
To: Michael R. Cou~o, Jr.
Village Manager
From: Chief William E. McCollom
Date: July 29, 2008
Subject: LIEN ON 498 DOVER ROAD
Currently there is an outstanding lien in the amount of $2,350.00 on the property
located at 498 Dover Road; formerly the "Siegel Property." The cost was incurred
while mitigating code violations in June 2003.
According to the Palm Beach County Property Appraiser the property has been
purchased by Deborah Reborchick and Danny McKin. However, during the
purchase and closing the title company requested that the Village release the
outstanding lien.
Based on research by the attorney and the Code Enforcement staff, it is
unclear if the outstanding lien was part of the last judgment that made the
Village whole; case #98-18198. Because of the uncertainty and, in my
estimation that the transfer of the property is in the best interest of the
surrounding neighborhood, I would like to suggest that the Village Council
release the lien.
For your review and consideration is a memorandum from the Village's
attorney, Keith Davis, Esq. Mr. Davis has explained to the best of his ability
the chronology of the liens and subsequent judgments.
To that end, I am asking that the request to release the lien be placed on
the August 14, 2008 Council agenda.
cc: Keith Davis, Esq.
Lori McWilliams. Village Clerk
Brad Fitzer, Code Enforcement Supervisor
°~ q TEQUESTA POLICE DEPARTMENT
4~ ~E T
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p~ ~ MEMORANDUM
OLIO ,
PT
To: Michael R. Couzzo, Jr.
Village Manager
From: Chief William E. McCollo
Date: Juiy 29, 2008
Subject: LIEN ON 498 DOVER ROAD
Currently there is an outstanding lien in the amount of $2,350.00 on the property
located at 498 Dover Road; formerly the "Siegel Property." The cost was incurred
while mitigating code violations in June 2003.
According to the Palm Beach County Property Appraiser the property has been
purchased by Deborah Reborchick and Danny McKin. However, during the
purchase and closing the title company requested that the Village release the
outstanding lien.
Based on research by the attorney and the Code Enforcement staff, it is
unclear if the outstanding lien was part of the last judgment that made the
Village whole; case #98-18198. Because of the uncertainty and, in my
estimation that the transfer of the property is in the best interest of the
surrounding neighborhood, I would like to suggest that the Village Council
release the lien.
For your review and consideration is a memorandum from the Village's
attorney, Keith Davis, Esq. Mr. Davis has explained to the best of his ability
the chronology of the liens and subsequent judgments.
To that end, I am asking that the request to release the lien be placed on
the August 14, 2008 Council agenda.
cc: Keith Davis, Esq.
Cori McWilliams. Village Clerk
Brad Fitzer, Code Enforcement Supervisor
C~o~~~ ,~~G~u~ ~~~
ATTORNEYS AT LAW
11 I 1 Hypoluxo Road, Suite 207
JOHN CORBETT TELEPHONE (561) 586-7116
TRELAJ.WHITE TELECOPIER (561)586-9611
BRADLEY W. BIGGS*^
KEITH W. DAMS*^ * State Certified County and Circuit Court Mediator
R. MAX LOHMAN** ** Certified County Court Mediator
MICHAEL B. STEINBAUM ^ Board Certified in City, County and Local Government Law
MEMORANDUM
TO: William McCollom, Chief of Police
FROM: Keith W. Davis, Esq.
DATE: July 29, 2008
RE: Lien on former Siegel Property
According to the records of the Palm Beach County Property Appraiser, the former
"Siegel" property, located at 498 Dover Road was sold to Deborah Reborchick and
Danny McKin on July 11, 2008. The Warranty Deed is recorded in the Public Records of
Palm Beach County at Book 22754 Page 1976.
As you know, the Village has been asked by the title company that was involved in the
transaction to release a certain lien on the property held by the Village in the amount of
$2,350.00. As you also know, this property was the subject of a foreclosure action that
was brought by the Village back in 2002. That foreclosure action involved the Village's
code enforcement case no. 98-18198, and resulted in a Final Judgment of Foreclosure
dated November 22, 2004 in favor of the Village in the amount of $1,794,068.50. On
March 1, 2005, the Village assigned all its rights and interest in that final judgment to
Silver Fidelity Trust, LLC.
The order imposing fine for code enforcement case no. 98-18198 was initially recorded in
May, 2003 (Book 15265 Page 453), and re-recorded in July, 2003 (Book 15517/Page
1576}. The Order Finding Violation for that case made a health, safety, welfare finding
and authorized the Village to abate the nuisance at its option (Book 11521 Page 1250}. I
do not know why the Order Finding Violation for that case was recorded in 1999 and
then it took unti12003 to record the order imposing fine.
The lien that we have been asked to release is for work the Village had one on the
property in June, 2003, which coincides with the dates of the recording of the order
imposing fine. Unfortunately, the lien has no case number on it so I can't verify that it in
fact goes with ease no. 98-18191, however, the time frame makes it plausible that it
would go with that case.
In as much as it appears that the Village was "made whole" in the foreclosure litigation
involving case no. 98-18198, and it further appears that this lien may have been
associated with that litigation, and the amount of the lien is relatively small; and since the
property has now been purchased by a new owner who has already begun cleaning up
and improving the property, I recommend that we release this lien as we have been asked
to do by the title company. In accordance with Sec. 2-194 of the Village Code, only the
Village Council may declare the lien satisfied with less than full payment. Since there is
no definitive documentation of actual payment of this lien, and since the lien does not on
its face identify itself as actually being associated with case no. 98-18198, I recommend
that we ask the Village Council to declare the lien satisfied.
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~W ALL MEN BY THESE PRESENTS:
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Th AaE OF TEQUESTA, the owner of a certain Claim of Lien recorded on the 28s'
day of Au _ 3, in the Office of the Clerk of the Court in and for the County of Palm Beach,
State of Flori "' Official Records Book 15759, at Page 1569 upon the following described
property situate,`i~yip~ and being in Palm Beach County, Florida, to-wit:
498 Dover Tequesta, FL 34954; PIN #60.42-40-25-06-015-0()60; also known as:
Lot 6, Block ~~~`~~,,,T'~PITER IN THE PINES Section "B", according to the map or plat thereof
as recorded in>ook 26, Page 18, Public Records of Palm Beach County, Florida
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for value received does ~; ease its said Claim of Lien upon the property hereinabove
descn'bed, and hereby ~ `~ clerk of the Court to release said Claim of Lien of record.
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IN WITNESS WHERE aid ,has caused presents to be executed in its name, by
its proper officer thereunto duly i<i~~zed, this 21~ f A,~ 008.
Attorney
THE STATE OF FLORIDA )
ss:
COUNTY OF PALM BEACH )
The foregoing Release of Lien was acknowledged before me this 21 a day of August, 2008, by
Keith W. Davis who is personally known to me or who bas produced a Florida driver's license as
ideatific~tlon and who did/did not take an oath, and who stated that be executed same on behalf of
the Village of Tequesta far the purposes thercin capressed.
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~~
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
VILLAGE OF TEQUESTA
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this J~la~ ~ 7 2008
_, 2008 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter refereed
to as the "COUNTY", and ,VILLAGE OF TEQUESTA a municipality duly organized by the laws of the State of
Florida, hereinafter referred to as the "MUNICIPALITY".
WHEREAS, the parties hereto have the common power to perform Community Development Block Grant
(CDBG) and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers
being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act" authorizes
local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic,
population and other factors influencing the needs and development of local communities; and
WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended,
that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes
of implementing CDBG activities within said municipalities; and
WHEREAS, these Interlocal Cooperation Agreements are also required to implement HOME under Title II of
the National Affordable Housing Act of 1990, as amended; and
WHEREAS, the COUNTY desires to j oin with municipalities in order to carry out the planning and professional
services necessary to implement the CDBG and HOME Programs during Federal Fiscal Years 2009, 2010, 2011; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking
community renewal and lower income housing assistance activities; and
WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and
objectives of the COUNTY'S Consolidated Plan; as approved by the U.S. Department of Housing and Urban
Development; and
WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing
the Community Development Block Grant and HOME Programs.
NOW, THEREFORE, the parties hereby agree as follows:
1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend
CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal
Fiscal Years 2009, 2010, 2011 (including program income generated from expenditure of
such funds) under Title I of the Housing and Community Development Act of 1974, as
amended, and Title II of National Affordable Housing Act of 1990, as amended, and receive
funds under these Acts.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance activities.
3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as
required by the U.S. Deparrinent of Housing and Urban Development (HUD). The
COUNTY will undertake or assist in undertaking all professional and administrative
services necessary to prepare said application and other necessary documents, and the
COUNTY will agree to take full responsibility and assume all obligations of an applicant.
The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to
undertake or assist in undertaking essential community development and housing assistance
activities within the MUNICIPALITY; however, the COUNTY has final responsibility for
selecting activities and annually submitting the Consolidated Plan to HUD.
4. The MUNICIPALITY and the COUNTY will take all actions necessary to assure
compliance with the urban county's certification required by Section 104(b) of Title I
of the Housing and Community Development Act of 1974, as amended, including Title
VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the
Housing and CommunityDevelopmentAct of 1974, the Americans withDisabilities Act
of 1990, and other applicable laws. The COUNTY shall not use CDBG or HOME
~~
VILLAGE OF TEQUESTA
funds for activities in or in support of airy MUNICIPALITY that does not affirmatively
further fair housing within its own jurisdiction or that impedes the COUNTY'S actions
to comply with its fair housing certification.
5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply
for grants under the Small Cities or State CDBG Programs from appropriations for
Fiscal Years 2009, 2010, 2011; and may not participate in a HOME consortium except
through the COUNTY.
6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of
excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged innon-violent civil rights demonstrations; and a policy of enforcing
applicable State and local laws against physically barring entrance to, or exit from a
facility or location which is the subject of such non-violent civil rights demonstrations
within jurisdictions.
7. The COUNTY, through its Department of Housing and Community Development, shall
assist the MUNICIPALITY in undertaking all professional and administrative services
necessary for the purposes of implementing CDBG or HOME activities, including
preparation of all applications and other necessary documents, planning and other
administrative activities, as required.
8. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same
requirements applicable to subrecipients, including the requirements of a vv~'itten
agreement as described in 24 CFR 570.503.
9. The MUNICIPALITY shall be responsible for notifying the COUNTY of any
modification and/or change in the use of any real property (from that planned at the time
of acquisition or improvement, including disposition) acquired or improved in whole or
in part with CDBG or HOME funds that is within control of the MUNICIPALITY.
Notification of the COUNTY shall take place within ten (10) days of said modification
or change.
In the event that said real property as described above is sold, conveyed or transferred after the time of
acquisition and/or improvement, and said real property is sold, conveyed or transferred for usage which does
not qualify as eligible under CDBG or HOME regulations, the COUNTY shall be reimbursed in an amount
equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG or
non-HOME funds) of the property by the MUNICIPALITY.
In the event of a close-out or change of status of the MUNICIPALITY, termination of this Agreement, or
disposition and/or transfer of any property unproved or acquired with CDBG or HOME funds, the COUNTY
shall be reimbursed by the MUNICIPALITY any program income generated prior to or subsequent to said
close-out, termination or change of status.
10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and
the implementing program as outlined in the Annual Consolidated Plan, which governs
the expenditure of CDBG'and HOME funds.
11. This Agreement shall give the COUNTY authority to carry out activities which will be
funded from annual appropriations of CDBG and HOME entitlement funds and program
income through Federal Fiscal Years 2009, 2010, 2011. The Agreement shall remain
in effect until all CDBG funds, HOME funds and any program inc^me received with
respect to activities carried out during the three-year qualification period are expended,
and the funded activities are completed, and that the COUNTY and MUNICIPALITY
may not terminate or withdraw from the Agreement while it remains in effect.
12. This Agreement is contingent upon the COUNTY'S qualification as an "urban county"
and award of funds under the Housing and Community Development Act of 1974, as
amended, and the National Affordable Housing Act of 1990, as amended.
13. Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the state, county or municipal officers.
VILLAGE OF TEQUESTA
14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm
Beach County.
15. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein are hereby declared to be null and void.
VILLAGE OF TEQUESTA
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials.
ATTEST:
SHARON R. BOCK, Clerk & Comptroliex,.., }
of the State of Florida _:=-f~,y~.~i,~~_ i „~~ „ -- r'~;,,
1, • ,~
By• : ~'
Deputy Cl , ~'•. t• ~ % Fl : [) ~ : L,. ="
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PALM BEACH COiINTY, FLORIDA, a Political Subdivision
BOARD OF COUNTY COiMJMISSIONERS
By: ~~~~,~ ~ ~ fCJ
Addie Greene, Chairperson
Approved as to Form and Legal
Sufficiency:
B•
mmy K. fields
Senior Assistant County Attorney
ATTEST:
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Clerk `r`,~~~~~~uun,,,,,1,~,!
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Approved as to Terms and Conditions
Dept. of Housing and Community Deg
By:
Edward Lowery,
FIousing and Car
VILLAGE OF TEQGJESTA, a municipality duly
organized by the l~ws of the State of Florida
~,.
Mayor
Manager (If Applicable)
VILLAGE OF TEQUESTA
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement are fully
authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake,
or assist in undertaking, community renewal and lower income housing assistance activities.
ammy K. Fields, Senior Assistant County Attorney
Palm Beach County, Florida
