Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve the Release of Recorded Lien - Red Apple St. Lucie, LLC
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Submitted By: Richard Berrios, City Attorney
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Applicant Red Apple St. Lucie, LLC has requested the release of a paid-in-full lien recorded on July 12, 2024, in St. Lucie County OR Book 5177 Pages 1440-1445.
Presentation Information: No presentation will be given, but staff and a representative of the requestor will be available for questions if they arise.
Staff Recommendation: Move that the Council complete the motion in the affirmative and authorize the City Manager to release the lien.
Alternate Recommendations:
1. Move that the Council deny the motion and provide management with direction.
Background: This request stems from a special magistrate proceeding against the respondent for violation of the City’s Code of Ordinances. Respondent was found to be in violation of the City’s Code of Ordinances. The special magistrate imposed a fine and issued an order which was recorded with the St. Lucie County Clerk of Court and became a lien on respondent’s property. Notwithstanding the fact that respondent paid a fine of $20,000.00, the paid-in-full lien remained on the respondent’s property. The instant request is for the release of lien.
Issues/Analysis: Under Section 37.09(b) of the City’s Code of Ordinances, unless another exception applies, liens arising from fines imposed under special magistrate proceedings run in favor of the City and requests for releases from such liens must be presented to City Council for approval.
Financial Information: Release of the lien involves minimal staff involvement and resources (i.e., preparing, executing, and filing a release of the recorded lien).
Special Consideration: Notwithstanding the legal positions taken by the City and respondent over whether the City must, as a matter of law, release the lien, the parties continue to work together to address the root issues giving rise to the original special magistrate proceeding and have made great strides in addressing same. Considering this progress and applicable law, it is the City Attorney’s opinion that the release of the lien does not prejudice the City’s legal interests.
Location of Project: 300 NW Cashmere Boulevard
Business Impact Statement: N/A
Attachments: 1. Release Request and Response
2. Recorded Lien
3. Release of Lien - Red Apple St. Lucie LLC
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 26028-10
Legal Sufficiency Review:
Reviewed by Richard Shiller, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.