HomeMy WebLinkAbout2007 01 22 Public Hearing 205 Development Agreement East Trade Winds Road
COMMISSION AGENDA
ITEM 205
Public Hearing
January 22, 2006
Meeting
MGR Dept
REQUEST:
The Community Development Department requests the Commission consider the proposed
Development Agreement for the residential lot located at 185 East Trade Winds Road to facilitate the
construction of a new house before an existing house on the same lot is demolished.
PURPOSE:
The purpose of this Agenda Item is for the Commission to consider the development agreement for the
property located at 185 E. Trade Winds Road.
APPLICABLE REGULATIONS:
Chapter 166, Florida Statutes
Development Agreement (DA) & Modifications
Chapter 5, City Code
Chapter 9, City Code.
Chapter 20, City Code
CHRONOLOGY:
. December 4, 2006 - Building Plans were submitted for the construction of a new house
at 185 E. Trade Winds Road.
· January 11,2007 - A building permit (#2006003714) was issued for construction of the
new house conditioned upon a letter of understanding (Exhibit C) which stipulated the
approval of a development agreement.
CONSIDERATIONS:
The applicant currently lives in a house on the subject lot and would prefer to stay in said house during
construction of the new house rather than move out of the house, demolish the existing house and stay in
a temporary residence during the construction of the new house. Once the new house is finished, the
applicant will move to the new house and vacate and demolish the existing house.
January 22, 2007
Public Hearing Item 205
Page 2 of2
The applicant has stated that the existing house will be demolished within thirty (30) days of the
issuance of a Certificate of Occupancy for the new house.
FINDINGS:
1. The proposed single family lot is located within the corporate limits of the City of Winter
Springs.
2. The applicant has agreed to enter into a development agreement stipulating removal of the
existing house within thirty (30) days from the date on which a certificate of occupancy is issued
for the new house.
RECOMMENDATION:
Staff recommends the City Commission approve the proposed Development Agreement for the
residential lot located at 185 E. Trade Winds Road.
ATTACHMENTS:
A - Development Agreement (to be provided by the City Attorney)
B - Site Plan indicating locations of the existing and proposed houses.
C - Letter of Understanding for permit issuance
COMMISSION ACTION:
2
ATTACHMENT B
50' SETBACK
I. Descriptionof Property: 185 East TradeWinds Road, Winter Springs, FL 32708
Lot 6, Block D, NORTH ORLANDO RANCHES SECTION 1, LESS the West 200.00 foot, and also LESS;
Beginning at the Southeast corner of Lot 6, Block 0, NORTH ORLANDO RANCHES SECTION I, run
thence South 89002' 46" West 144.26 feet along the South line of said Lot 6, thence North
00005'09" West 150 feet parallel with the East line of said Lot 6, thence North 89002'46"
East 144.26 feet'parallel with the South line said Lot 6, thence South 00005'09" East 150.99
feet along the East line of said Lot 6 to the Point of Beginning: (said East line of Lot 6,
also being the West line of Lot 8, Block J. NORTH ORLANDO RANCHES SECTION 6, as recorded in
Plat Book 12, Pages 84 and 85, Public Records of Seminole County, Florida) as recorded in
Plat Book 12, Page 3, Public Rl!cords of Seminole Countv. F'l nri Ii::!
Acccrdlng to th. FecWaI ,"...ranee Rote Map, this property IIn In Zona(s) H X f AE
Community Pan" numbar' 12117COH5E DAlE: APRIl 17,1995
Trees how not been locot... axcept QI ..own.
RECEIVED
DEC 05 _
CITY OF WINTER SPRINGS
Permitting & Licensing
ATTACHMENT B
ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
Mr. Bill Riccard
185 E. Trade Winds Road
Winter Springs, FL 32708
January 11, 2007
RE: Conditional Building Permit Issuance for 185 East Trade Winds Road
Dear Bill:
This letter is to stipulate that the Building Permit related to the construction of a new house at 185 E.
Trade Winds Road is being issued to you under the following terms and conditions:
1. The issuance of this permit will be subject to approval of a Development Agreement between you
and the City, authorizing you to live in the current house until such time that the new house is
completed; the terms and conditions of which shall be satisfactory to the City Commission.
2. The Development Agreement will be presented to the City Commission at their regular meeting
on January 22, 2007.
3. If the City Commission is unwilling to enter into such a Development Agreement, it is clearly
understood by you, that you will be required to do one of the following:
a. If you decide to go forward with construction of the new house, you will vacate the
existing house until such time that the new house is completed. You will apply
immediately for a permit for demolition of the existing house, and that all work on the
new house will cease until such time that demolition of the old house is completed.
b. If you decide to forgo construction of the new house, you will remove all new
construction within 30-days of the date on which the Commission denies the proposed
development agreement.
Ag~~ .l.';b, day of January, 2007 by aud betweeu the parties.
~ ,f~ l-', '}4-1 c ~
Bill Riccard Ronald W. McLeRlore
Property Owner City Manager
/jp
cc:
Randy Stevenson, Community Development Director
Anthony Garganese, City Attorney
David Alamina, Building Official
Kim Trench, Customer Service Manager
011007 BRiccard New Home Construction
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
255 E. Robinson St., Suite 660
Orlando, FL 32802
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
TillS RESIDENTIAL TEAR-DOWN AND OCCUPANCY AGREEMENT
("Agreement") is made and executed this day of , 2007, by and
between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WILLIAM K. RICCARD,
an individual, ("Owner"), whose address is 185 East Trade Winds Road, Winter Springs, Florida
32708.
WITNESSETH:
WHEREAS, Owner is the current fee simple owner of certain real property located at
185 East Trade Winds Road, Winter Springs, Seminole County, Florida, more particularly
described herein; and
WHEREAS, Owner presently resides in an existing, single-family residence located on
the Property ("Existing Residence"); and
WHEREAS, Owner desires to construct an additional single-family residence on the
Property while continuing to reside in the Existing Residence; and
WHEREAS, the City Code prohibits more than one residential dwelling on a single-
family residential lot; and
WHEREAS, Owner seeks an exception to this City Code provision for the duration of
the construction of the additional residence and represents and warrants to the City that he will
demolish the Existing Residence upon the completion of the additional residence in order to
comply with the City Code; and
WHEREAS, in furtherance of this request, the parties desire to enter into this Binding
Development Agreement under the terms and conditions contained herein.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 1 of7
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authoritv. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Property. The real property subject to this Agreement is legally described in
EXHIBIT" A", attached hereto and fully incorporated herein by this reference ("Property").
4.0 Terms and Conditions.
4.1 Permitting and Construction of New Residence. The City shall issue
building permit number 2006-03714 to Owner for the construction of a
new single-family residence to be located on the Property ("Additional
Residence"). Owner shall be permitted to reside in the Existing Residence
located on the Property for the duration of the construction of the
Additional Residence.
4.2 Demolition of Existing Residence. Upon the issuance of a certificate of
occupancy by the City for the Additional Residence, Owner shall have
thirty (30) days in which to demolish the Existing Residence and remove
related debris from the Property unless demolition has occurred sooner or
the City grants additional time in writing. Such demolition shall be
subject to any applicable permitting requirements of the City Code. Said
demolition shall be at Owner's sole cost and expense and Owner shall be
fully responsible for said demolition. Upon Owner's demolition of the
Existing Residence pursuant to this Agreement, Owner shall notify the
City's building official in writing of such demolition. The building
official, or the building official's designee, shall conduct a site visit to the
Property to confirm that the Existing Residence has been demolished and
all related debris removed in accordance with applicable City Codes.
4.3 Owner's Default; City's Right to Demolish. In the event Owner defaults
on his obligation to complete the demolition within the time period
required hereunder, execution of this Agreement represents Owner's
unconditional consent for the City and its contractors to access and enter
upon the Property for purposes of demolishing the Existing Residence
including, but not limited to, inspections, getting contractor estimates, site
preparation, actual demolition, and debris removal. Prior to the City
commencing the demolition of the Existing Residence, the City shall
provide the Owner with twenty-four (24) hours advance notice of
commencement. Owner hereby agrees to release and hold harmless the
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs I William K. Riccard
Page 2 of7
City and its contractors from any liability or damage whatsoever resulting
from the City and its contractors demolishing the Existing Residence as
required hereunder including, but not limited to any damage to the
Existing Residence and to any personal property or fixtures located within,
on, or upon the Existing Residences.
4.4 Escrow Funds.
4.4.1 Within five (5) days of the execution of this Agreement by both
parties, Owner shall deposit Five Thousand Dollars ($5,000.00) in
escrow with the City as a good faith assurance that Owner will
demolish the Existing Residence pursuant to the terms and
conditions set forth in this Agreement ("Escrow Deposit"). The
City shall maintain the Escrow Deposit in an interest-bearing
account.
4.4.2 If Owner fails to demolish the Existing Residence upon expiration
of the thirty (30) day period set forth in section 4.2 of this
Agreement, the City shall have the right to use the Escrow Deposit
to cover all or part of the demolition of the Existing Residence. In
the event the cost of demolition exceeds the Escrow Deposit,
Owner shall be liable to reimburse the City to cover the actual cost
of the demolition incurred by the City within thirty (30) days of
completion. If reimbursement is not made within said time period,
Owner agrees that the City shall have the unconditional right to
lien the Property, without notice or hearing, for the un-reimbursed
cost of demolition. Said lien shall accrue at eighteen percent
(18%) per annum.
4.4.3 Once the demolition of the Existing Residence is confrrmed by the
building official or the building official's designee, the City shall
return the full amount of the escrowed funds plus any interest to
Owner within thirty (30) days.
5.0 Representations of the Parties. The City and Owner hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by the City and Owner and recorded in the Public Records of Seminole County,
Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and
the Property in accordance with the terms and conditions of this Agreement. Owner represents
that it has voluntarily and willfully executed this Agreement for purposes of binding the Property
to the terms and conditions set forth in this Agreement.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs I William K. Riccard
Page 3 of7
6.0 Successors and Assie:ns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Owner and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7.0 Applicable Law. This Agreement shall be governed by and construed 10
accordance with the laws of the State of Florida.
8.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9.0 Entire Ae:reement: Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Owner as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
10.0 Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
11.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
12.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
13.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing herein
shall be deemed to create a joint venture or principal-agent relationship between the parties, and
neither party is authorized to, nor shall either party act toward third persons or the public in any
manner, which would indicate any such relationship with the other.
14.0 Soverei211 Immunitv. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law. As such, the City shall not be liable
under this Agreement for punitive damages or interest for the period before judgment. Further,
the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for
more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00).
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 4 of7
15.0 City's Police Power. Owner agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
17.0 Third-Party Ri1!hts. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19.0 Attornev's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to
withhold, suspend or terminate any and all certificates of occupancy for any building or unit if
Owner is in breach of any term and condition of this Agreement.
21.0 Termination. This Agreement shall terminate upon the satisfaction of all the
terms and conditions contained herein. Upon such satisfaction, the City shall file a Notice of
Termination in the Public Records of Seminole County.
22.0 Force Majeure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 5 of7
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS
By:
John F. Bush, Mayor
ATTEST:
By:
Andrea Lorenzo Luaces, City Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL
Date:
By:
Anthony A. Garganese, City Attorney for
the City of Winter Springs, Florida
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 6 of7
Signed, sealed and delivered in the
presence of the following witnesses:
{NAME OF DEVELOPER}, a Florida limited
liability company
By:
Signature of Witness
, President
Printed Name of Witness
Date:
Signature of Witness
Printed Name of Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2007, by William K. Riccard, an individual, as Owner of the Property. He is
personally known to me or produced as
identification.
(NOTARY SEAL)
(Notary Public Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 7 of7
EXHIBIT" A"
Legal Description of the Property
Lot 6, Block D, NORTH ORLANDO RANCHES SECTION 1 LESS the West 200.00
feet, and also LESS: Beginning at the Southeast corner of Lot 6, Block D, NORTH
ORLANDO RANCHES SECTION 1, run thence South 890 02' 46" West 144.26 feet
along the South line of said Lot 6, thence North 000 05' 09" West 150 feet parallel with
the East line of said Lot 6, thence North 890 02' 46" East 144.26 feet parallel with the
South line of said Lot 6, then South 000 05; 09" East 150.99 feet along the East line of
said Lot 6 to the Point of Beginning: (said East line of Lot 6 also being the West line of
Lot 8 Block 1, NORTH ORLANDO RANCHES SECTION 6, as recorded in Plat Book
12, pages 84 and 85, Public Records of Seminole County, Florida) as recorded in Plat
Book 12, page 3, Public Records of Seminole County Florida.
I f'" III " II' 11111 " 11111 111111111111/11 III 11'1111111111'
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
WH'I~jNr~l:. Ni iF/tit, CU.h'", Of- C; R'_Uli ~QUR
;j::i1INiLt_lUrHY
Bk Of,84-/ pg 0/64 - nl; U;ipqs)
CLERK'S # 200714932E,
Rf~ORD~D 1(/19/2007 12:06:09 PM
RECOkDING F~~S bY.50
RfCOfWI:D BY G HaTt'JTd
_ Anthony A. Garganese
B City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
255 E. Robinson St., Suite 660
Orlando, FL 32802
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
RESIDENTIAL TEAR-DO",,!N
AND OCCUPANCY AGREEMENT
TillS RESIDENTIAL TEAR-DOWN AND OCCUPANCY AGREEMENT
("Agreement") is made and executed this J;l,.,.( day of ~~ ,2007, by and
between the CITY OF WINTER SPRINGS, a Florida Municipal Corp ration ("City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WILLIAM K. RICCARD,
an individual, ("Owner"), whose address is 185 East Trade Winds Road, Winter Springs, Florida
32708.
WITNESSETH:
WHEREAS, Owner is the current fee simple owner of certain real property located at
185 East Trade Winds Road, Winter Springs, Seminole County, Florida, more particularly
described herein; and
WHEREAS, Owner presently resides in an existing, single-family residence located on
the Property ("Existing Residence"); and
WHEREAS, Owner desires to construct an additional single-family residence on the
Property while continuing to reside in the Existing Residence; and
WHEREAS, the City Code prohibits more than one residential dwelling on a single-
family residential lot; and
WHEREAS, Owner seeks an exception to this City Code provision for the duration of
the construction of the additional residence and represents and warrants to the City that he will
demolish the Existing Residence upon the completion of the additional residence in order to
comply with the City Code; and
WHEREAS, in furtherance of this request, the parties desire to enter into this Binding
Development Agreement under the terms and conditions contained herein.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs I William K. Riccard
Page 1 of?
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority, This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Property. The real property subject to this Agreement is legally described in
EXHIBIT "A", attached hereto and fully incorporated herein by this reference ("Property").
4.0 Terms and Conditions.
4.1 Permitting and Construction of New Residence. The City shall issue
building permit number 2006-03714 to Owner for the construction of a
new single-family residence to be located on the Property ("Additional
Residence"). Owner shall be permitted to reside in the Existing Residence
located on the Property for the duration of the construction of the
Additional Residence.
4.2 Demolition of Existing Residence. Upon the issuance of a certificate of
occupancy by the City for the Additional Residence, Owner shall have
thirty (30) days in which to demolish the Existing Residence and remove
related debris from the Property unless demolition has occurred sooner or
the City grants additional time in writing. In addition, if the Owner
abandons the construction of the Additional Residence, Owner shall have
thirty (30) days in which to demolish the abandoned Additional Residence
and remove related debris from the Property unless demolition has
occurred sooner or the City grants additional time in writing. For
purposes of this Agreement, the term "abandons" or "abandoned" shall
mean either building permits have expired for constructing the Additional
Residence or the Owner has failed to diligently pursue completion of the
Additional Residence within two years of the effective date of this
Agreement. Such demolition shall be subject to any applicable permitting
requirements of the City Code. Said demolition shall be at Owner's sole
cost and expense and Owner shall be fully responsible for said demolition.
Upon Owner's demolition of the Existing Residence or abandoned
Additional Residence pursuant to this Agreement, Owner shall notify the
City's building official in writing of such demolition. The building
official, or the building official's designee, shall conduct a site visit to the
Property to confirm that the Existing Residence or abandoned Additional
Residence has been demolished and all related debris removed in
accordance with applicable City Codes.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs! William K. Riccard
Page 2 of7
4.3 Owner's Default; City's Right to Demolish. In the event Owner defaults
on his obligation to complete the demolition within the time period
required hereunder, execution of this Agreement represents Owner's
unconditional consent for the City and its contractors to access and enter
upon the Property for purposes of demolishing the Existing Residence or
the abandoned Additional Residence as the case may be. Entry on the
Property shall be permitted for inspections, getting contractor estimates,
site preparation, actual demolition, debris removal, or other matters
reasonably related to the demolition. Prior to the City commencing the
demolition of the Existing Residence or abandoned Additional Residence,
the City shall provide the Owner with twenty-four (24) hours advance
notice of commencement. Owner hereby agrees to release and hold
harmless the City and its contractors from any liability or damage
whatsoever resulting from the City and its contractors demolishing the
Existing Residence or abandoned Additional Residence as required
hereunder including, but not limited to any damage to the Existing
Residence or abandoned Additional Residence and to any personal
property or fixtures located within, on, or upon the Existing Residences or
Abandoned Residence.
4.4 Escrow Funds.
4.4.1 Within five (5) days of the execution of this Agreement by both
parties, Owner shall deposit Five Thousand Dollars ($5,000.00) in
escrow with the City as a good faith assurance that Owner will
demolish the Existing Residence or abandoned Additional
Residence pursuant to the terms and conditions set forth in this
Agreement ("Escrow Deposit"). The City shall maintain the
Escrow Deposit in an interest-bearing account.
4.4.2 If Owner fails to demolish the Existing Residence or abandoned
Additional Residence upon expiration of the thirty (30) day period
set forth in section 4.2 of this Agreement, the City shall have the
right to use the Escrow Deposit to cover all or part of the
demolition of the Existing Residence or abandoned Additional
Residence. In the event the cost of demolition exceeds the Escrow
Deposit, Owner shall be liable to reimburse the City to cover the
actual cost of the demolition incurred by the City within thirty (30)
days of completion. If reimbursement is not made within said time
period, Owner agrees that the City shall have the unconditional
right to lien the Property, without notice or hearing, for the un-
reimbursed cost of demolition. Said lien shall accrue at eighteen
percent (18%) per annum.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs I William K. Riccard
Page 3 of7
4.4.3 Once the demolition of the Existing Residence or abandoned
Additional Residence is confirmed by the building official or the
building official's designee, the City shall return the full amount of
the escrowed funds plus any interest to Owner within thirty (30)
days.
5.0 Revresentations of the Parties. The City and Owner hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by the City and Owner and recorded in the Public Records of Seminole County,
Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and
the Property in accordance with the terms and conditions of this Agreement. Owner represents
that it has voluntarily and willfully executed this Agreement for purposes of binding the Property
to the terms and conditions set forth in this Agreement.
6.0 Successors and Assiens. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Owner and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7.0 Avvlicable Law. This Agreement shall be governed by and construed III
accordance with the laws of the State of Florida.
8.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9.0 Entire Aereement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Owner as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
10.0 Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
11.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
12.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 4 of7
13.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing herein
shall be deemed to create a joint venture or principal-agent relationship between the parties, and
neither party is authorized to, nor shall either party act toward third persons or the public in any
manner, which would indicate any such relationship with the other.
14.0 Sovereien Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law. As such, the City shall not be liable
under this Agreement for punitive damages or interest for the period before judgment. Further,
the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for
more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00).
15.0 City's Police Power. Owner agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
17.0 Third-Party Rights. This Agreement is not a third-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19.0 Attornev's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to
withhold, suspend or terminate any and all certificates of occupancy for any building or unit if
Owner is in breach of any term and condition of this Agreement.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 5 of?
21.0 Termination. This Agreement shall terminate upon the satisfaction of all the
terms and conditions contained herein. Upon such satisfaction, the City shall file a Notice of
Termination in the Public Records of Seminole County.
22.0 Force Majeure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
1/1-
,'-"'''''''''\
CITY OF WINTER SPRINGS ~'~~""''''J(\,::-(r 1'1.,
-:- 7'\~ .\- I 1. t 1;.1 \.J If
-, 4 .:~i/~;~..~...:.:.~.. '\'1
~*NAA~. . :,",\.,,;Oi:. .,',,:' "
/ . =-~t-=--.., ~, ~ r
. Bush, Mayor " " ',)-;; ~ ..~ I,
~ ("') c~.~ : f" ;:
~Y <......
/i. ""~-
ATTEST:
, ~ , \ " ".'"
\" .ll.'.,....
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
,
" ~
J, ..... ..... r...." -
I I { '\. ,,_- . . . . ". <(' c:: -'
I \.) l~" 'l'" \ ",'
I.
/tAd.-
CITY SEAL
Date: l't4frjQ)
BY~
Ant Y A. Gargai1ese, City Attorney for
the City of Winter Springs, Florida
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs I William K. Riccard
Page 6 of7
Signed, sealed and delivered in the
presence of the following witnesses:
WILLIA
~l,y
Date:
~~ri~!!tfr~-
Printed Name of Witness
STATE OF F I or ,'Jet.
COUNTY OF .5.0 At'Yl1 /y) /')42
The foregoing instrument was acknowledged before me this / J day of
oj-o 1:)(' ( , 2007, by William K. Riccard, an individual, as Owner of the p;;perty. He is
personally known to me or produced F L 0 ~ L 0 as
identification.
J>~Y PI.I\. Chyrel Jackson
~? f-j My Commission 00295803
0, " ExpIres March 02, 2008
(NOTARY SEAL)
(Notary Public Signa e~ C\.
{Print Nam "'-
Notary Public, State of 1-10 r j d 0.
Commission No.: D D ;:).crs-c;,o~
My Commission Expires: ~ I L 0 8
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs / William K. Riccard
Page 7 of7
, .
EXHIBIT" A"
Legal Description of the Property
Lot 6, Block D, NORTH ORLANDO RANCHES SECTION 1 LESS the West 200,00
feet, and also LESS: Beginning at the Southeast comer of Lot 6, Block D, NORTH
ORLANDO RANCHES SECTION 1, run thence South 890 02' 46" West 144.26 feet
along the South line of said Lot 6, thence North 000 05' 09" West 150 feet parallel with
the East line of said Lot 6, thence North 890 02' 46" East 144.26 feet parallel with the
South line of said Lot 6, then South 000 05; 09" East 150.99 feet along the East line of
said Lot 6 to the Point of Beginning: (said East line of Lot 6 also being the West line of
Lot 8 Block 1, NORTH ORLANDO RANCHES SECTION 6, as recorded in Plat Book
12, pages 84 and 85, Public Records of Seminole County, Florida) as recorded in Plat
Book 12, page 3, Public Records of Seminole County Florida.
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attornrys at Law
Debra S. Babb-Nutcher
Joseph E. Blitch
Usher L. Brown.
Suzanne D'Agresta"
Anthony A. Garganese"
JW. Taylor
Jeffrey S. Weiss
Offices in Orlando, Kissimmee, Cocoa,
Ft. Lauderdale & Tampa
Tara L. Barrett
Vivian P. Cocotas
Scott J. Dornstein
Mitchell B. Haller
Katherine W. Latorre
Terri E. Oster
Amy J. Pitsch
.Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
.Board Certified Appellate Practice
Erin J. O'Leary.
Catherine D. Reischmann"
William E. Reischmann, Jr.
Of Counsel
November 1, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Residential Tear-Down And Occupancy Agreement
Dear Andrea:
Please find enclosed for safekeeping, the original fully executed Residential Tear-Down And
Occupancy Agreement.
Should you have any questions, please do not hesitate to me.
Anthony A. Garganese
City Attorney
AAG/jf
Enclosure
225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144 . Cocoa (866) 425-9566 . Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net . Email: firm@orlandolaw.net
THE AGREEMENT ATTACHED IS
THE FULLY EXECUTED VERSION
THAT IS SLIGHTLY DIFFERENT
FROM THE AGREEMENT THAT
WENT TO THE CITY COMMISSION.
-- ..~ .• .. ., ,.~ .~ n• n •U U ~O ~~ 111 q ~• I^ ~ 1 1 I~~
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese
' City Attorney of Winter Springs
Brown, Garganese, Weiss & D'Agresta, P.A.
255 E. Robinson St., Suite 660
Orlando, FL 32802
(407) 425-9566
Ma:1V~INhIE hfl~fi:ic, tLE.k{ U~ G;i{~~Uii ~U~Jk
:3~:rdttwil__t ,t1!WfV
lilt CIE,847 F°r: e. C)~/b4 - 7`rl; t8pgsi
CLERK'S # 2007149:326
IttL;Uh.Ut:U LG/19%2UG7 '~~:Q6:U9 RI";
f{ECUklllNf:i fEE! 5'i.50
hti,On!)t:D t3Y G iia~rf~~rd
FOR RECORDRVG DEPARTMENT USE ONLY
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
THIS RESIDENTIAL TEAR-DOWN AND O CUPANCY AGREEMENT
("Agreement") is made and executed this ~~ day of , 2007, by and
between the CITY OF WINTER SPRII'~TGS, a Florida Municipal Corp ration ("City"), whose
address is 1126 East S.R. 434, Winter Springs, Florida 32708, and WILLIAM K. RICCARD,
an individual, ("Owner"), whose address is 185 East Trade Winds Road, Winter Springs, Florida
32708.
WITNESSETH:
WHEREAS, Owner is the current fee simple owner of certain real property located at
185 East Trade Winds Road, Winter Springs, Seminole County, Florida, more particularly
described herein; and
WHEREAS, Owner presently resides in an existing, single-family residence located on
the Property ("Existing Residence"); and
WHEREAS, Owner desires to construct an additional single-family residence on the
Property while continuing to reside in the Existing Residence; and
WHEREAS, the City Code prohibits more than one residential dwelling on a single-
family residential lot; and
WHEREAS, Owner seeks an exception to this City Code provision for the duration of
the construction of the additional residence and represents and warrants to the City that he will
demolish the Existing Residence upon the completion of the additional residence in order to
comply with the City Code; and
WHEREAS, in furtherance of this request, the parties desire to enter into this Binding
Development Agreement under the terms and conditions contained herein.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs /William K. Riccard
Page I of 7
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and aze hereby incorporated
herein by this reference.
2.0 Authori This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
3.0 The Pr nerty. The real property subject to this Agreement is legally described in
EDIT "A", attached hereto and fully incorporated herein by this reference ("Property").
4.0 Terms and Conditions.
4.1 Permitting and Construction of New Residence. The City shall issue
building permit number 2006-03714 to Owner for the construction of a
new single-family residence to be located on the Property ("Additional
Residence"). Owner shall be permitted to reside in the Existing Residence
located on the Property for the duration of the construction of the
Additional Residence.
4.2 Demolition of Existing Residence. Upon the issuance of a certificate of
occupancy by the City for the Additional Residence, Owner shall have
thirty (30) days in which to demolish the Existing Residence and remove
related debris from the Property unless demolition has occurred sooner or
the City grants additional time in writing. In addition, if the Owner
abandons the construction of the Additional Residence, Owner shall have
thirty (30) days in which to demolish the abandoned Additional Residence
and remove related debris from the Property unless demolition has
occurred sooner or the City grants additional time in writing. For
purposes of this Agreement, the term "abandons" or "abandoned" shall
mean either building permits have expired for constructing the Additional
Residence or the Owner has failed to diligently pursue completion of the
Additional Residence within two years of the effective date of this
Agreement. Such demolition shall be subject to any applicable permitting
requirements of the City Code. Said demolition shall be at Owner's sole
cost and expense and Owner shall be fully responsible for said demolition.
Upon Owner's demolition of the Existing Residence or abandoned
Additional Residence pursuant to this Agreement, Owner shall notify the
City's building official in writing of such demolition. The building
official, or the building official's designee, shall conduct a site visit to the
Property to confirm that the Existing Residence or abandoned Additional
Residence has been demolished and all related debris removed in
accordance with applicable City Codes.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs /William K. Riccard
Page 2 of 7
4.3 Owner's Default; City's Right to Demolish. In the event Owner defaults
on his obligation to complete the demolition within the time period
required hereunder, execution of this Agreement represents Owner's
unconditional consent for the City and its contractors to access and enter
upon the Property for purposes of demolishing the Existing Residence or
the abandoned Additional Residence as the case may be. Entry on the
Property shall be permitted for inspections, getting contractor estimates,
site preparation, actual demolition, debris removal, or other matters
reasonably related to the demolition. Prior to the City commencing the
demolition of the Existing Residence or abandoned Additional Residence,
the City shall provide the Owner with twenty-four (24) hours advance
notice of commencement. Owner hereby agrees to release and hold
harmless the City and its contractors from any liability or damage
whatsoever resulting from the City and its contractors demolishing the
Existing Residence or abandoned Additional Residence as required
hereunder including, but not limited to any damage to the Existing
Residence or abandoned Additional Residence and to any personal
property or fixtures located within, on, or upon the Existing Residences or
Abandoned Residence.
4.4 Escrow Funds.
4.4.1 Within five (5) days of the execution of this Agreement by both
parties, Owner shall deposit Five Thousand Dollazs ($5,000.00) in
escrow with the City as a good faith assurance that Owner will
demolish the Existing Residence or abandoned Additional
Residence pursuant to the terms and conditions set forth in this
Agreement ("Escrow Deposit"). The City shall maintain the
Escrow Deposit in aninterest-bearing account.
4.4.2 If Owner fails to demolish the Existing Residence or abandoned
Additional Residence upon expiration of the thirty (30) day period
set forth in section 4.2 of this Agreement, the City shall have the
right to use the Escrow Deposit to cover all or part of the
demolition of the Existing Residence or abandoned Additional
Residence. In the event the cost of demolition exceeds the Escrow
Deposit, Owner shall be liable to reimburse the City to cover the
actual cost of the demolition incurred by the City within thirty (30)
days of completion. If reimbursement is not made within said time
period, Owner agrees that the City shall have the unconditional
right to lien the Property, without notice or hearing, for the un-
reimbursed cost of demolition. Said lien shall accrue at eighteen
percent (18%) per annum.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs /William K. Riccard
Page 3 of 7
4.4.3 Once the demolition of the Existing Residence or abandoned
Additional Residence is confirmed by the building official or the
building official's designee, the City shall return the full amount of
the escrowed funds plus any interest to Owner within thirty (30)
days.
5.0 Reuresentations of the Parties. The City and Owner hereby each represent and
warrant to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by the City and Owner and recorded in the Public Records of Seminole County,
Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and
the Property in accordance with the terms and conditions of this Agreement. Owner represents
that it has voluntarily and willfully executed this Agreement for purposes of binding the Property
to the terms and conditions set forth in this Agreement.
6.0 Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Owner and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the Property and
shall run with title to the same.
7.0 A Ipp icable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
8.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns) and
approved by the City Commission.
9.0 Entire Agreement: Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the Property and contain the entire
agreement between the City and Owner as to the subject matter hereof. The Exhibits attached
hereto and referenced herein are hereby fully incorporated herein by this reference.
10.0 Severability. If any provision of this Agreement shall beheld to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
11.0 Effective Date. This Agreement shall become effective upon approval by the
City Commission and execution of this Agreement by both parties hereto.
12.0 Recordation. This Agreement shall be recorded in the Public Records of
Seminole County, Florida.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs /William K. Riccard
Page 4 of 7
13.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing herein
shall be deemed to create a joint venture or principal-agent relationship between the parties, and
neither party is authorized to, nor shall either party act toward third persons or the public in any
manner, which would indicate any such relationship with the other.
14.0 Sovereisn Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law. As such, the City shall not be liable
under this Agreement for punitive damages or interest for the period before judgment. Further,
the City shall not be liable for any claim or judgment, or portion thereof, to any one person for
more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollazs ($200,000.00).
15.0 City's Police Power. Owner agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
16.0 Interpretation. The parties hereby agree and acknowledge that they have both
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
17.0 Third-Party Rishts. This Agreement is not athird-party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
18.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
19.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
20.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity
of complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to
withhold, suspend or terminate any and all certificates of occupancy for any building or unit if
Owner is in breach of any term and condition of this Agreement.
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs /William K. Riccard
Page 5 of 7
21.0 Termination. This Agreement shall terminate upon the satisfaction of all the
terms and conditions contained herein. Upon such satisfaction, the City shall file a Notice of
Termination in the Public Records of Seminole County.
22.0 Force Maieure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ("Time Period")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials,
injunction or other court proceedings beyond the control of such parry, or severe adverse weather
conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to
the contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
CITY OF WINTER SPRINGS ,
y. ,
'. : , ,
Jo .Bush, Mayor ,' ?~" o ,
r. ~
ATTEST: ~ ~ ~ ~
.~ ~ ',t~
i;:
Andrea Lorenzo Luaces, City Clerk ~' ~ ~~''~ ~ ~ ~; , ^ ~ '~-
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
CITY SEAL Date: /d~ r~o )
By:
Ant y A. Gargane ,City Attorney for
the City of Winter Springs, Florida
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs /William K. Riccard
Page 6 of 7
Signed, sealed and delivered in the
presence of the following witnesses:
roof fitness \
n 1
nted a of fitness
~ alure o itt-ess
nom- ~
Printed Name of Witness
STATE OF ~ ~ o r i ~Q
COUNTY OF ~`j,,,~ -+N+ ~ M ~ (~
The foregoing
2007, by
personally known to
identification.
(NOTARY SEAL)
instrument was acknowledged before me this
William K. Riceard, an individual, as Owner of the roperty
d d FJ D L
day of
He is
as
me or pro uce e •
~d~~ Chyrel Jackson
MY Commission DD295803
~a a~ Expros llAarch 02, 218
(Notary Public Signs e
h v rZ~P) JGl
(Print Name
Notary Public, State of f` ~ y ~ i L~, a
Commission No.: ~
My Commission Expires: _ ~ ~ ? ~ ~ .-
RESIDENTIAL TEAR-DOWN
AND OCCUPANCY AGREEMENT
City of Winter Springs /William K. Riceard
Page 7 of 7
Date: 0 ~ ` ~
EXHIBIT "A"
Legal Description of the Property
Lot 6, Block D, NORTH ORLANDO RANCHES SECTION 1 LESS the West 200.00
feet, and also LESS: Beginning at the Southeast comer of Lot 6, Block D, NORTH
ORLANDO RANCHES SECTION 1, run thence South 89° 02' 46" West 144.26 feet
along the South line of said Lot 6, thence North 00° OS' 09" West 150 feet parallel with
the East line of said Lot b, thence North 89° 02' 46" East 144.26 feet parallel with the
South line of said Lot 6, then South 00° O5; 09" East 150.99 feet along the East line of
said Lot 6 to the Point of Beginning: (said East line of Lot 6 also being the West line of
Lot 8 Block 1, NORTH ORLANDO RANCHES SECTION 6, as recorded in Plat Book
12, pages 84 and 85, Public Records of Seminole County, Florida) as recorded in Plat
Book 12, page 3, Public Records of Seminole County Florida.
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Lain
Debra S. Babb-Nutcher° Offices in Orlando, Kissunmee, Cocoa, Tara L. Barrett
Joseph E. Blitch Ft. Lauderdale & Pampa Vivian P. Cocotas
Usher L. Brown' Scott J. Dornstein
Suzanne D'Agresta" Mitchell B. Haller
Anthony A. Garganese' Katherine W. Latorre
J.W. Taylor Terri E. Oster
Jeffrey S. Weiss Amy J. Pitsch
Board Certified Civil Trial Lawyer
"Board Certified City, County 8 Local Government Law
Board Certified Appellate Practice
November 1, 2007
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Residential Tear-Down And Occupancy Agreement
Dear Andrea:
Erin J. O'Leary'
Catherine D. Reischmann"
William E. Reischmann, Jr.
Of Counsel
Please find enclosed for safekeeping, the original fully executed Residential Tear-Down And
Occupancy Agreement.
Should you have any questions, please do not hesitate to me.
Ve ruly yours,
.---~
Anthony A. Garganese
City Attorney
AAG/j f
Enclosure
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979
Website: www.orlandolaw.net • Email: firm@orlandolaw.net