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Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney .� Office Of Consent Agenda 10/ 13/20 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: October 7, 2020 SUBJECT: Request for Waiver of Interest on Demolition Lien — Estate of Glenn W. Legwen BACKGROUND. On November 6, 2007, the Board of County Commissioners approved a demolition lien against Glenn W. Legwen III (See Figure 1 below). Mr. Legwen was the owner of a parcel of property located at 5900 5th Street SW in Vero Beach. This 3.84 acre site, zoned Agricultural, was the site of Glenn's Nursery and then Acaddemix Nursery. The hurricanes of 2004 and 2005 severely damaged the buildings and shade houses used in the nursery operation. The nursery closed but the damaged structures and material were never demolished or cleaned up. The County initiated demolition action against the property which resulted in the removal of the dilapidated structures and the property being brought into compliance, the cost of which was reduced to a lien in the amount of $7,989.84 and recorded in the public records. Staff learned that Mr. Legwen passed away on July 19, 2020. The County Attorney's office was contacted by Michael Swan, Esq. from the firm of Rossway Swan in Vero Beach. Mr. Swan is probating the estate on behalf of the Personal Representative, Glenn W. Legwen IV. Mr. Swan is trying to clear title to the property so it may be sold or distributed to Mr. Legwen's heirs. On behalf of his client, Mr. Swan now asks the Board to waive the interest that has accrued on the demolition lien since 2007. On November 7, 2007, the County recorded the lien, which is found at O.R. Book 2220, Page 1731, Official Records of Indian River County. The lien noted that it would accrue interest at a rate of 7% per year, so as of the date of this memo, the lien has accrued $7,226.01 in interest. Mr. Swan has been informed that since the lien was for actual costs expended by Indian River County, staff was willing to support the waiver of interest, if the initial demolition lien cost is paid. Mr. Swan and his client are agreeable to this recommendation. FUNDING. Lien proceeds totaling $7,989.84 will be deposited into MSTU Fund/Building Demolition Liens Revenue account number 004038-369092. The costs of recording the release of the lien will be borne by the estate. C:IU rsUegi rNppDaralLocaMmp�BCL Tecbm(ogi,,ImyPDF81(BCL�COE02651@BCL@ECOE0265.docx 33