HomeMy WebLinkAbout02-09-2004 Code Enforcement Lien Satisfaction Agreement NGUYENBrown, Salzman, Weiss & Garganese, P.A.
215 Bast Robin -ion Street Suite 660
Pair Off lce Box 2673
Orlando, Plorida 32802-2873
(407) 425-9566
(407) 425-9596 fax
e-mail: agarganese@orlandulaw,net
Date: Febn4ary 9, 2004
To: Judi Cooper
Fax: 407-327-4753
From: Joan Flowers, Assistant to
Anthony A. Garganese, Esq., City Attorney
Pages (including this one): 11
File: Nguyen Code Enforcement Lien Satisfaction
Our File No. 315-002
If there are any questions regarding this fax,
please call 4071425-9566.
Thls jacsimile. mersage is attorney/client privileged material and is, accordingly, confidential this mes age is intendPa onty for the indiOdual or
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the original miasttee to either above address via the U-S. Mall. Thank yaq.
COMMENTS: Please call me to discuss. Thanks.
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Prepared by and return to:
Anthony A. Garganese. City Attorney
Brown, Salzman, Weicm & Gargancsc, P.A.
225 East Robinson Street
PO Box 2873
Orlando, Florida 32SU2-2873
Parcel I.D. No: 26.20-30-5AR-OBOO-0150
MAP`NNE MOR8E, CLEN OF CIRCUIT COURT
5E .OLE COUNTY
BK 04799 PS 1730
CLERK'S # 2003071431
RECORDED 04/30/2003 11:42:13 A8
RECORDING FEES 46.50
RECORDED kY G Harfo•rd
CODE ENFORCEMENT LIEN SATTSFACTION AGREEMENT
THIS CODE ENFORCEMENT LIEN SATISFACTION AGRF,FMYNT (hereinafter
referred to as the "Agreement"), made and executed this 24th day of March, 2003, by and between
the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as
"City"), whose address is 1126 Fast State Road 434, Winter Springs, Florida 32708, and CHANH
Q. NGUYEN and NGAN M. NUUYEN, husband and wife (hereinafter referred to as "Debtor"),
whose address is 4409 Steed Terrace, Winter Park, Florida 32792.
W ITNESSETII:
WHEREAS, on August 1, 2000, the City duly recorded a code enforcement lien on Debtor's
property; and
WHEREAS, said lien is recorded in the public records of Seminole County at Official Record
Book 3895, Page 1676 (hereinafter referred to as "Lien") and affects Debtor's real property described
thereunder ("Lieu Property"). A copy of said Lien and the legal description ofthe Lien Property are
attached hereto as Exhibit "A," which is fully incorporated herein by this reference; and
WHEREAS, the Lien amount is One Hundred Eighty -Six Thousand and No/100 Dollars
($186,000.00) and is duly owed by Debtor to the City; and
WHEREAS, in accordance with Section 2-61, 5, Winter Springs Code, Debtor filed an
application with the City for purposes of seeking a reduction and satisfaction of the Lien; and
Page 1 of 7
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Prepared by and return to:
Anthony A. Garganese. City Attorney
Brown, Salzman, Weicm & Gargancsc, P.A.
225 East Robinson Street
PO Box 2873
Orlando, Florida 32SU2-2873
Parcel I.D. No: 26.20-30-5AR-OBOO-0150
MAP`NNE MOR8E, CLEN OF CIRCUIT COURT
5E .OLE COUNTY
BK 04799 PS 1730
CLERK'S # 2003071431
RECORDED 04/30/2003 11:42:13 A8
RECORDING FEES 46.50
RECORDED kY G Harfo•rd
CODE ENFORCEMENT LIEN SATTSFACTION AGREEMENT
THIS CODE ENFORCEMENT LIEN SATISFACTION AGRF,FMYNT (hereinafter
referred to as the "Agreement"), made and executed this 24th day of March, 2003, by and between
the CITY OF WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as
"City"), whose address is 1126 Fast State Road 434, Winter Springs, Florida 32708, and CHANH
Q. NGUYEN and NGAN M. NUUYEN, husband and wife (hereinafter referred to as "Debtor"),
whose address is 4409 Steed Terrace, Winter Park, Florida 32792.
W ITNESSETII:
WHEREAS, on August 1, 2000, the City duly recorded a code enforcement lien on Debtor's
property; and
WHEREAS, said lien is recorded in the public records of Seminole County at Official Record
Book 3895, Page 1676 (hereinafter referred to as "Lien") and affects Debtor's real property described
thereunder ("Lieu Property"). A copy of said Lien and the legal description ofthe Lien Property are
attached hereto as Exhibit "A," which is fully incorporated herein by this reference; and
WHEREAS, the Lien amount is One Hundred Eighty -Six Thousand and No/100 Dollars
($186,000.00) and is duly owed by Debtor to the City; and
WHEREAS, in accordance with Section 2-61, 5, Winter Springs Code, Debtor filed an
application with the City for purposes of seeking a reduction and satisfaction of the Lien; and
Page 1 of 7
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` F—.E NUM 2003071431
L BOOK 04799 PAGE 1731
9
WRFR.EAS, on July 22, 2002, the City Commission of the City of Winter Springs, having
reviewed Debtor's application, heard testimony and representations from Debtor and his duly
appointed representative, reviewed mitigating factors, and otherwise being tially advised of the
circumstances, approved with conditions a reduction and satisfaction ofDebtor's Lien under the terms
and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and mutual benefits herein
contained, the parties agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and
deemed a material part of this Agreement.
2.0 SntisfxCtion of Licn. The City agrees to reduce and satisfy the Lien under the
following terms and conditions'.
2.1 Voluntary Annexation. The Debtor hereby agrees to file with the City
within thirty (30) days, and prosecute through conclusion, an irrevocable voluntary annexation
application (including a metes and bounds legal description surveyed by a surveyor licensed
in Florida) for the real property owned by Debtor and located adjacent to the eastern boundary
of the Tien Property. The annexation property is legally described and depicted on Exhibit
"B," which is attached hereto and fully incorporated herein by this reference Upon filing, the
City shall proceed with the annexation of Debtor's property in accordance with Chapter 171,
Florida Statutes and applicable City Codes.
22 Payment. Debtor agrees to pay the City an amount equal to'Ten Thousand
and No/100 Dollars ($10,000.00), as full and complete satisfaction ofthe Lien. Said payment
shall be made by check in eighteen (18) monthly installments, according to the payment
Page 2 of 7
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• V '
FILE NUM 2003071431
C"BOOK 04799 PAGE 1732
schedule attached hereto as Exhibit T." Payment shall be inade on the first day of each
month, beginning January 1, 2003, until the amount is fully paid. A total of Five Hundred
Dollars ($500) in carrying charges shall be added to the fine, but said Five Hundred Dollar
($500) fee shall be waived if the hall amount of the fine is paid prior to May 30, 2004 A fee
of Twenty -Five Dollars ($25.00) shall be added to any installment that is not paid when due.
The City shall have the right to requite payment by certified check or money order. Debtor
may prepay said amount at any time, Payment shall be sent by U.S. mail or Band delivered
to the City's Finance Director at the City's address set forth in Paragraph 14.1 of this
Agreement. Upon full payment, the City shall promptly record a release of code enforcement
lien in the public records of Seminole county, Florida.
3.0 Derault Debtor., failure of Debtor to perform each and every one of its
obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies are
available to it under Florida law or equity including, without limitation, an action fur specific
performance and/or injunctive relief or, alternatively, the termination of this Agreement. prior to filing
any action or terminating this Agreement as a result of Debtor's default under this Agreement, the City
shall first provide Debtor with written notice of said default. Upon receipt of said notice, Debtor shall
be provided ten (10) calendar days in which to cure the default to the City's complete satisfaction
If the City elects to terminate this Agreement, Debtor shall lose all rights and privileges under this
Agreement and the original Lien amount of One Hundred Eighty -Six Thousand and No/] 00 Dollars
($186,000.00), less any amount paid by Debtor under this Agreement, shall be immediately due and
owing the City and the Debtor's application for reduction and satisfaction shall be deemed
automatically denied in accordance with Section 2-61.5(i), Winter Springs Code, Notwithstanding
i
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FILE NUM 2003071431
0''~"900K 04799 PAGE 1 733
any provision contained in this Agreement, the City reserves any and all rights and privileges under
the law including, but not limited to, Chapter 162, Florida Statutes, and the Winter Springs Code, to
collect the amounts owed under the Lien.
4.0 Successnr and Amigns. This Agreement shall automatically be binding upon and
shall inure to the benefit ofthe successors and assigns of the lien Property,
5.0 Agglicable Law. This Agreement shall be governed by and construed in accordance
with the laws ofthe State of Florida. and the Winter Springs Code.
6.0 Amendments. This Agreement shall not be modified or amended except by
written agreement executed by all parties hereto and approved by the City Commission or City
Manager of the City of Winter Springs,
7.0 Fntire Agreement. This Agreement contains the entire agreement between the
parties as to the subject matter hereof'
9.0 ScverabilitY. if any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the City shall have the unconditional
right to either terminate this Agreement, modify this Agreement with the Debtor's consent, or remain
in the Agreement as modified by the court.
9.0 Recordation. Upon fill execution of this Agreement by the parties, this Agreement
shall be recorded by the City in the public records of Seminole County, Florida, and shall run with the
land.
10.0 Clty't Police .Powers. Debtor acknowledges and agrees 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.
Page 4 of 7
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r1Lk NUM 2003071431
t1R. BOOK 04799 PAGE 1734
11.0 Sovereign Immunity. Nothing contained in thisAgreement shall be construed
as a waiver ofthe City's right to sovereign immunity under Section 768.28, Florida Statutes, or any
other limitation on the City's potential liability under state or federal law.
12.0 Payment of CRT's Costs and Expenses. Debtor agrees to pay all costs and expenses
incurred by the City in enforcing this Agreement to the extent not prohibited by applicable law
including, but not limited to, reasonable attorneys' fees through all appellate proceedings,
1.1.0 Duration. This Agreement shall remain in full force and effect until the requirements
of this Agreement have been completely satisfied by Debtor and the City records the release of'codc
enforcement lien pursuant to Paragraph 2.2, unless sooner terminated by City in accordance with
Paragraph 3.0 of this Agreement.
14.0 Notices. All notices and correspondence in connection with this Agreement must be
in writing. Notice and correspondence shall be sent by first class mail or hand delivered at the
addresses set forth below or at such otter addresses as the parties hereto shall designate to each other
in writing:
14.1 Ir to City; Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 Last State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5957
Facsimile: 407-327-4753
14.2 1f to Debtor Chanh Q. Nguyen
Ngan N. Nguyen
4409 Steed Terrace
Winter Park, Florida 32792
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FILE NUM 2003071431
0-"-`•B00K 04799 PAGE 1733
1.5 0 Waiver. Extension of the time for payment or modification of amortization of the
amounts due hereunder shall not operate to release the liability of Debtor or any successors in interest
of Debtor, Any forbearance by the City in exercising any right or remedy under this Agreement
including, without limitation, City's acceptance of payments from Debtor, third persons, entities or•
successors in interest of Debtor or in any amounts less than the amount then due, shall not constitute
a waiver of or preclude the exercise of any right or remedy.
IN WITNESS WHFREOF, the parties have executed this Agreement as of the date rrst
written above.
WITNESSES:
Print —;!e: _ ; f 4*r r e N of
P • t Name7Y4n I c.e— a 11c,d�:,ti
Print Name; /•;nq Yr
CITY OF WTNTER SPRINGS,
a Florida Municipal Corporation:
Ronald W. McLe no i,,``City Manager
DEBTOR:
Print Name: f iNkrk 117 Ci„ ;.� Chanh Q. Nguyen
STATE OF FLORIDA
COUNTY OF SEMINOLE
1 hereby certify that the foregoing instniment was acknowledged before me this /J+'' day of
,2002, by CHANTI Q. NGUYEN, ri who is personally known to me, or f3 who has produced
_ as identification.
NOTARY P
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FILE NUM 2003071431
0""1300K 04-199 PAGE 1736
Print Name-,
In-Y
Print Name! Nnmn . Nguyen
2.91 1
STAI? OF FLORIDA
COUNTY OF SEMINOIX
I hereby certify that the foregoing instrument %vas acknowledged before me this j') day of
._.12002, by NGAN M. NGUYEN, n who is personally known to me, or LI vylio has produced
as idenfit'cation,
Li
NOTARYTIJBUIC
CAROLY"N D. AWNS
My COMMISSION DD083W
EXPIRES: JanUary 9, 2006
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Page 7 of 7
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_ FILE NUM 2003071431
'ODE ENFORCEMENT BOARD O' 'IfOOK 04799 PAGE
1737
CITY OF WINTER SPRINGS, FLORIDA
City of Winter Springs
Complaint No. CER-99-8IS
a.
Petitioner,
1;
v. Chanh Q. & Ngan N. Nguyen
p
;�
4409 Steed Terrace
co
Winter Park, FL 32792
Respondent.
d
ORDER IMPOSING PENALTY/I.IEN
THIS CAT JSE- cane on for Public hearing before the Winter Springs Code Enforcement Board on
January 18, 2000, after due notice to Respondem, at which the Board heard testimony under oath,
received evidence, and issued its I"inding of Fact and Conclusions of Law and thereupon issued oral Q
Order which was reduced to writing. a ;ern
Said Order required Respondent to take certain corrective action by April 9, 2000, as more 0
specifically set foith in that Order. ' �r
An Affidavit of Non -Compliance, bearing the date of April 10, 2000 has been filed with the Board by
the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective action
was not taken as ordered.
ORI)E•RFO 'THAT KESPONDEN!' PAY to the City of Winter Springs a line in the amount of
$250.00 per day in reference to the property that exists at the (Orange Avenue) West one-half (1/2) cif
Lot 15 of the D. R. Mitchell survey of the Levy Grant in the City of Winter Springs described as:
LEG WEST (%:) OF LOT 15
13LOCK B, D. R. MITCHELI,S
SURVEY OF THE LEVY GRANT
PARCEL 26-20-30-5AR-01300.0150
PB I PAGE.. 5, OIL SEMINOLE COUNTY
OWNED BY CIIANH Q. & NGAN N. NGUYEN
4409 STEED TERRACE, WINTER PARK, FI, 32792
This Order if recorded in the public records shall constitute a lien against the above described
property and any other real or personal property of the Respondent, pursuant of Section 162.08 and
Section 162.09 of Florida Statutes.
Coo
DONE. AND ORDER this �" day of : 4 Q _, at v+ I
Seminole Cuunty, Florida.
A EST:
City C erk
U• to _.. _._
j
Code Enforcement Board of the a
City of Winter Springs, Florida M
EXRIBIT "A"
0
airman
CERTINED COPY
OFFICE OF THE CITY CLERK
CITY 0Fj-vVTEf S OINGS. FLORIDA
i?1
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FILE . NUM 2003071 431
1-' -' BOOK 04799 PAGE 1738
L UOl a6¢d
LEGAL DESCRIPTION
Leg East (1/2) ofLot 15, Blnck.13, O.R. Mitchell's survey of the Levy
Grant, according to the plat thereof, Parcel 26-20-30-5AR-OB00-
015A, as recorded in Plat Book 1, Page 5, of the Public Records of
Seminole County, Florida.
EXHIBIT "11"
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• �_.. FIl..F NUM 2003071431
• 0( i00K 04799 PAGE 1739
CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT
CHANH Q. NGUYEN and NGAN M. NGUYEN
PAYMENT SCHEDULE
1.
January 1, 2003
$ 250
2,
February 1, 2003
S 250
3.
March 1, 2003
$ 250
4.
April 1, 2003
$ 250
5,
May 1, 2003
$ 250
6.
June 1, 2003
$ 250
7.
July 1, 2003
$ 500
$.
August 1, 2003
$ 500
9.
September 1, 2003
$ 500
10.
October 1, 2003
$ 500
11,
November 1, 2003
$ 500
12.
December 1, 2003
$ 500
13.
January 1, 2004
$ 500
t 14,
February I, 2004
$1,000
15.
March 1, 2004
$1,000
16.
April 1, 2004
$1,000
17.
May 1, 2004
$1,000
19.
June 1, 2004
$1,500
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EXHIBIT "C"
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BROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown •
Suzanne D'Agresta
Anthony A. Garganese°
Gary S. Salzman°
John H. Ward •
Jeffrey S. Weiss
Debra S. Babb
Jeffrey P. Buak
Alfred Truesdell
Joseph E. Blitch
Scott D. Danahy
Theodore F. Greene, III
Kristine R. Kutz
Brett A. Marlowe
Todd K. Norman
Cheyenne R. Young
Board Certified Civil Trial Lawyer
*Board Certified Business Litigation Lawyer
°Board Certified City, County & Local Government Law
The Honorable Paul P. Partyka
and Members of the City Commission
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
RE: Boat Docks
June 20, 2002
Dear Mayor and Members of the City Commission:
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 FAX
Email: agarganese@orlandolaw.net
Website: www.orlandolaw.net
Cocoa: 866-425-9566
At the June 10, 2002 City Commission meeting, Deputy Mayor Gennell sought to have the
City Commission change its current position on whether to adopt additional boat dock regulations.
As a result, Parliamentary Rules were invoked. I advised the City Commission that under certain
circumstances the Commission always has a right to reconsider a previous official action and, if
desired, to change its official position on an issue. In general, this is done by either a Motion to
Reconsider or a Motion to Rescind in accordance with Robert's Rules. These two rules are often
used interchangeably, but they should not be. They are two very different motions. For example, a
Motion to Reconsider can only be made by a Commissioner who voted on the "prevailing side." By
comparison, any Commissioner, regardless of which side they voted, can make a Motion to Rescind
a previous vote.
Accordingly, my interpretation of Robert's Rules would permit any Commissioner to make
a Motion to Rescind the Commission's April 22, 2002 decision not to pursue additional boat
dock regulations.
The Honorable Paul P. Partyka
and Members of the City Commission
June 20, 2002
Page 2
Several key aspects of a Motion to Reconsider should be emphasized:
1. It can only be made on the day the vote to be reconsidered was taken, or on the next
succeeding day.
2. It must be made by a member who voted on the prevailing side.
3. Any member may second it and a majority vote is required.
4. It cannot be applied:
a. When the same result may be attained by some other parliamentary motion;
b. When the vote has been partially executed;
C. When an affirmative vote to contract has been taken and the other party to the
contract has been notified;
d. On a Motion to Reconsider;
e. When something has been done as a result of the vote that the Commission
cannot undo.
The effect of adopting this motion is to place before the Commission the original
question in the exact position it occupied before it was voted upon.
On the other hand, a Motion to Rescind has the following key aspects:
It is amain motion that can be introduced only when there is nothing else before the
Commission.
2. It may be made by any member and is debatable.
3. Any vote taken by the Commission may be rescinded by a majority vote, provided
notice of the motion has been given at the previous meeting or in the agenda for the
current meeting. A two-thirds vote, or a majority vote of the entire Commission is
require to rescind a vote without notice.
4. Votes cannot be rescinded after something has been done as a result of that vote that
the Commission cannot undo; or when the vote was to approve a contract and the other party has
been informed of the vote; or where a resignation or expulsion from office has been acted on, and
such person was present or officially notified.
Nevertheless, for the reasons discussed above, if the Commission desires to take another look
at regulating boat docks, Robert's Rules would require the Commission to rescind the April 22, 2002
vote.
The Honorable Paul P. Partyka
and Members of the City Commission
June 20, 2002
Page 3
I will be happy to answer any questions regarding this letter at the Commission's June 24,
2002 meeting.
V ours,
Anthony A. Garganese
City Attorney
AAG:jf
cc: Ronald W. McLemore, City Manager