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developers of the Enclave Subdivision. San Messina counter sued claiming Colonial Bank had failed to abide by the terms of the loan agreement. The case was resolved in May 2011 pursuant to an agreed final judgment reached by the parties. The final judgment and settlement agreement resolved all outstanding matters between San Messina and Colonial Bank. The County was not named as a party to the foreclosure law suit. Now that all of the litigation has concluded, the subdivision must be brought into compliance with the current code concerning sidewalk improvements. The sidewalks have been installed in the common areas, however, recent code changes now allow a developer to record deed restrictions requiring the installation of sidewalks to be completed by each homeowner prior to issuance of a certificate of occupation. The required restrictive covenant has been drafted by Ralph Evans, Esq., of Stewart, Evans, Stewart & Emmons, PA of Vero Beach. The restrictions have been reviewed and approved by the County Attorney's Office and are ready to be recorded with the recording fees to be borne by the property owner. There remains one outstanding issue requiring Board attention. During the pendency of the foreclosure action, San Messina failed to pay the base facility charges for sewer and water utilities. As of June 1, 2013, there exists utility lien totaling $56,469.46, inclusive of penalties on the property. A breakdown of the liens is attached. San Messina has offered to apply the proceeds from the called letters of credit in order to satisfy the existing utility liens. These utility liens are, however, eligible for a waiver though the recently adopted amnesty ordinance (No 2013-002) which would decrease the lien amount as of June 1, 2013 to $29,912.56, inclusive of the recording fees for the lien releases. Additionally, Mr. Evans has requested and the County Attorney's Office concurs that of the amount currently held by the County, that his office would receive the sum of $10,000 as attorney's fees for drafting the documents necessary for the restrictive covenants and satisfaction of the utility liens. Funding: There are no expenditures of County funds associated with this matter. Recommendation: After the amendment to the declaration of restrictive covenants has been recorded and a recorded copy provided to the County Attorney, along with the required Form(s) W-9, staff recommends the proceeds from the called Letters of Credit from the Enclave Subdivision be applied as follows: The necessary amounts to bring the Enclave Subdivision utility lien current, due to the failure to pay for base facility charges (with penalties waived based on the recently adopted amnesty ordinance). • $10,000 remitted to Ralph Evans, Esq. for payment of attorney's fees incurred in this matter. • $160 to pay for the recording fees for the releases of liens The remaining residual amount from the called letters of credit including accrued interest remitted to the trust account of Stewart & Evans. c: Ralph Evans, Esq. 2 la