HomeMy WebLinkAboutTab 18 Nguyen, Chanh & Ngan.pdfr, Prepared by and return to:
Anthony A. Garganese, Esquire
--Brown, Salzman, Weiss & Garganese, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
-- - _-- __-- _ MARYAvNE MORSE, DLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04799 PG 1715
CLERK'S # 2003071430
RECORDED 04/30/2063 11:42:13 AM
RECORD1140 FEES 69.00
RECORIYED BY G Harfo,d
DEVELOPMENT AGREEMENT'
THIS DEVELOPMENT AGREEMENT (herein referred to as the "Agreement"),
made and executed this d day of MArt r , 2003, by and between the CITY OF
WINTER SPRINGS, a Florida municipal corporation (hereinafter referred to as "City"),
whose address is 1126 East State Road 434, Winter Springs, Florida 32708, and CHANH Q.
NGUYEN and NGAN M. NGUYEN, husband and wife (hereinafter referred to as "Owner"),
whose address is 4409 Steed Terrace, Winter Park, Florida 32792.
WITNESSETH:
WHEREAS, Owner owns certain real property located within the City of Winter
Springs, Florida, as legally described herein; and
WHEREAS, a borrow pit currently exists on that property, and
WHEREAS, Owner desires to engage in landfill operations to fill the borrow pit; and
WHEREAS, the fill shall only be inorganic "clean debris" as approved by the Florida
Department of Environmental Protection and the City; and
WHEREAS, Owner desires to perform the landfill activities on the Property in a safe
and healthy manner, and in a manner that does not create a public nuisance, so that the
Property may be developable in the future; and
WHEREAS, the Owner and City desire to execute this Agreement to effectuate the
filling of the borrow pit under the terms and conditions agreed to hereunder; and
WHEREAS, providing Owner abides by all the terms and conditions set forth
hereunder, the City Commission of the City of Winter Springs finds that this Agreement is
consistent with the City's Comprehensive Plan as well as the City Code'of Ordinances and is a
legislative act of the City Commission of the City of Winter Springs.
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.
Page 1 of 11
FILE JM 2003071430
OR BOOK -04799--`---- PAGE--1716---- - ---
�} 2.0 Intent and Purpose. The intent and purpose of this Agreement is to permit
Owner and their authorized designees to fill the borrow pit located on the Property with
inorganic material, as more particularly described in Paragraph 5.0 of this Agreement.
3.0 Property. The real property -subject to this Agreement is legally described on
Exhibit "A," which is hereby fully incorporated herein by this reference (hereinafter referred
to as "Property").
4.0 Borrow Pit. The borrow pit referred to under this Agreement is depicted on
Exhibit `B," which is hereby fully incorporated herein by this reference (hereinafter referred to
as "Borrow Pit").
5.0 Permit Authorized. Upon approval of the site plan required by Paragraph
5.3 herein and the restoration plan required pursuant to Paragraph 5.4 herein, the City hereby
grants Owner a permit to fill the Borrow Pit with inorganic materials subject to the following
terms and conditions:
5.1 Prior to commencing and continuing the landfill operations permitted by this
Agreement, Owner shall obtain and maintain in good standing any required
federal, state, local and special district authorizations necessary to engage in
the landfill operations.
5.2 The material used to fill the Borrow Pit shall be limited to inorganic materials,
provided those materials also satisfy the definition of "clean debris" under
Section 62-701.200(15), Florida Administrative Code, which at the effective
date of this Agreement means: "any solid waste which is virtually inert, which
is not a pollution threat to ground water or surface waters, is not a fire hazard,
and is likely to retain its physical and chemical structure under expected
conditions of disposal or use. The term includes brick, glass, ceramics, and
uncontaminated concrete including embedded pipe or steel." Street sweeping
material, asbestos, contaminated and remediated soil, pollutants and
hazardous waste, and organics are strictly prohibited and shall not be used to
fill the Borrow Pit.
5.3 Within thirty (30) days of the effective date of this Agreement, Owner shall
submit to the City for approval a site plan, drawn to scale by a duly -licensed
engineer, depicting the Property, Borrow Pit, ingress and egress to the
Property, parking, location of all trailers, offices, and other structures, and
such other matters reasonably required by the City. The construction trailer
and/or office shall be located within the interior part of the Property to avoid
being visible from Orange Avenue. Approval of the site plan by the City shall
Page 2 of 11
FILE 'UM 2003071430
OR BuJK 0479q PAGE 1717
be a condition precedent to the landfill operations authorized by this
- Agreement.
5.4 Within thirty (30) days of the effective date of this Agreement, Owner shall
submit to the City for approval a restoration plan, drawn to scale by a duly -
licensed engineer, depicting the proposed final status of the Property after the
landfill operations have been completed, including grade, slopes, water
retention areas, and other landscaping features of the Property deemed
necessary by the City to make the Property suitable for development purposes.
5.5 At all times, the Owner shall conduct the landfill operations of the Borrow Pit
in full compliance with this Agreement and all applicable federal, state, local,
and special district laws, regulations, and permits.
5.6 Upon demand by the City, Owner shall remove from the Borrow Pit any
material that does not comply with the terms and conditions set forth in this
Paragraph 5.0.
5.7 The term of this agreement shall be the period of time approved by Seminole
County for use of the Cross Seminole Trail, or one (1) year from the effective
date of this agreement whichever shall come first.
5.8 Owner shall fully comply with the fill procedures set forth in Paragraph 6.0
and the other terms and conditions set forth in this Agreement.
5.9 Owner shall provide to the City a trip ticket for each delivery truck delivering
debris to the Property. The trip ticket shall identify at a minimum the name of
the trucking company, the date of the delivery, and the place of origin of the
debris.
6.0 Fill Procedures. Prior to any debris being dumped, placed or located within
the landfill area (pond), Owner shall contact the City for an inspection of the debris. If said
debris satisfies the conditions set forth in Paragraph 5.2 of this Agreement, the City shall issue
a permit authorizing the placement of the debris into the landfill area. For each inspection,
Owner shall pay the City a $50.00 permit inspection fee.
6.1 Owner shall be required to temporarily locate any debris on the Property at
locations suitable for the City's inspection and approved in advance by the
City.
6.2 Owner shall establish a permit fee escrow account with the City and deposit
$500 within the account prior to any landfill operations commencing on the
Property. The escrow account shall remain open until the Agreement
Page 3 of 11
i=ILE JM 2003071430
OR BOUK 047991- PAGE 1718
terminates. At such time the escrow account is depleted to $100.00, the
Owner shall replenish the escrow account balance so that the balance equals at
least $500. The City shall have the right to draw from the escrow account to
pay for all permit fees or liquidated damages imposed by this Agreement. If
any escrow account balance remains at the termination ofthis Agreement, said
balance shall be applied to pay any other fees or liquidated damages that
Owner owes the City. Any remaining fees will be returned to the Owner.
6.3 The City shall have the unconditional right to conduct random inspections on
the Property.
7.0 Security_ Fence. In conjunction with the site plan approval process described
in Paragraph 5.3, Owner shall submit a completed fence permit application to the City and
install a temporary six (6) foot chainlink security fence along the entire southern boundary of
the property as required by the approved site plan. The fence shall comply with applicable
City Codes, shall not be constructed of barbed wire or any other material that may pose a
public safety hazard, and shall be constructed of a quality and type deemed acceptable to the
City. An appropriate gate(s) shall be installed for ingress and egress to the Borrow Pit. All
gates shall be closed and locked at all times during which the landfill operations authorized by
this Agreement are not occurring. The fence and gates shall be maintained in good order until
such time as the landfill operations have been completed, the Borrow Pit has been completely
filled, and the Property has been graded in accordance with Paragraph 14.0 of this
Agreement. The fence shall not be installed until the City approves the fence permit
application
8.0 Haul Route. All materials being brought to and from the Property by vehicle
shall be transported via the Cross Seminole Trail as permitted by Seminole County with
access from State Road 434 and via the "authorized delivery truck route" which is depicted
on Exhibit "C," attached hereto and fully incorporated herein by this reference. Owner shall
be required to provide the City with written verification that Seminole County does not object
to Owner using said avenue for the landfill operations authorized herein.
9.0 Hours of Operation. In carrying out the landfill operations, Owner shall
conduct storage, maintenance, and administrative activities between the hours of 7:00 a.m.
and 8: 00 p.m. daily on the Property. However, the delivery of debris to the Property shall be
strictly limited to between the hours of 7:30 a.m. and 1:00 p.m., and between 3:00 p.m. and
5:30 p.m., Monday through Friday. In addition, Owner shall perform the landfill operations
using standard trade practices which will reduce or negate noise, excessive traffic, or any
other unreasonable disruption to the neighborhood affected by Owner's operation.
10.0 Truck Requirements. Owner shall require that all trucks delivering materials
to and from the Property shall abide by the following requirements:
Page 4 of 11
FILE UM 2003071430
OR BuJK 0479'J, PAGE 1719
10.1 The payload beds of all trucks shall be covered so as to eliminate debris
blowing or falling off the trucks. All debris falling on the roadways or
adjacent property shall be immediately picked up by the trucking company or
the Owner. If the trucking company or the Owner fail to pick up the debris,
Owner agrees to reimburse the City for all costs incurred by the City to clean-
up the debris. The reimbursement shall be paid within fourteen (14) days of
receiving a cost invoice from the City.
10.2 Notwithstanding any other posted speed limit, the speed of trucks shall not
exceed twenty 20) miles per hour on the Cross Seminole Trail and the access
road from State Road 434. Owner shall be required to provide all trucking
companies delivering to and from the Property advance written notice of the
speed limits set forth in this paragraph. A copy of said notice shall be
provided to the City's City Manager on the same day said notice is sent to any
trucking company.
11.0 Performance Bond. Owner shall provide a One -Hundred Thousand and
no/100 ($100,000.00) Dollar performance and payment bond or letter of credit to the City
which shall insure that the Owner complies with all of the terms and conditions of this
Agreement.
11.1 The bond or letter of credit required by this paragraph shall be issued by a
surety or financial institution deemed acceptable to the City. The bond or
letter of credit shall remain continuously in effect during the term of this
Agreement, and any extensions thereto, and also remain in effect at least six
(6) months after the termination of this Agreement. The bond or letter of
credit shall be in a form acceptable to the City. All bonds or letters of credit
signed by an agent must be accompanied by a certified copy of such agent's
authority to act.
11.2 If the surety or financial institution furnishing the bond or letter of credit to
the City is declared bankrupt or becomes insolvent or its rights to do business
are terminated in the State of Florida, or ceases to be acceptable to the City,
Owner shall within ten (10) days thereafter substitute another bond and surety
or letter of credit issued by a financial institution, which must be acceptable to
the City, or other types of security reasonably acceptable to the City.
12.0 Suspension and Revocation. This Agreement and the permit granted
hereunder are subject to suspension and/or termination by the City, upon written notice to
Owner, at any time for the failure of Owner and Owner's agents and contractors to comply
with the terms and conditions herein. Upon suspension or termination, Owner shall
Page 5 of 11
FIL' NUM 2003071430
OR i OK 0479P PAGE 1720
immediately cease and desist all landfill operations permitted under this Agreement. If landfill
operations have been suspended, such operations may only resume at such time as Owner has
.s completed appropriate remedial actions to the complete satisfaction of the City.
13.0 Notice to Contractors. Owner shall be required to provide all contractors
and agents with notice of the terms and conditions of this Agreement prior to any contractor
and agent engaging in any work on the Property. Contractors and agents shall be required to
abide by all applicable terms and conditions of this Agreement.
14.0 Final Grading and Inspection of Property. Upon completion of the land -
filling of the Borrow Pit, Owner shall grade and landscape the Property in accordance with
the restoration plan required by Paragraph 5.4 of this Agreement. When the final grading and
landscaping have been completed, Owner shall request in writing to the City's City Manager
that the City perform a final inspection of the Property which shall be for purposes of
determining compliance with this Agreement. As part of the final inspection, Owner shall
provide the City with a written certification that all material used to fill the Borrow Pit
complies with the conditions set forth in Paragraph 5.0 above. Said certification shall be
prepared by a qualified person and in a form deemed acceptable to the City. The City
reserves the right to require Owner to provide, at Owner's expense, suitable soil borings and
water quality monitoring tests (pursuant to Paragraph 17.0) on the Property as part of the
certification. If the City determines that the Property has passed the final inspection, the
parties shall execute a written notice of termination which shall be filed in the Public Records
of Seminole County, Florida. Said notice shall indicate at a minimum that this Agreement has
been terminated and is no longer in full force and effect.
15.0 City Right of Ent . Owner hereby grants the City and its duly authorized
agents and contractors an unconditional right of entry on the Property to determine whether
Owner is complying with the terms and conditions of this Agreement and applicable City
Codes.
16.0 Best Management Practices. Owner and their agents and contractors shall
employ best management practices during construction on the Property and upon completion
of the landfill operations to assure that all sediments are retained on the Property. At a
minimum, with additional measures utilized as needed, these practices shall include:
16.1 Grading shall be employed to avoid off -Property runoff and to keep sediment
on the Property.
16.2 The placement of silt screens/barriers to minimize wind-blown debris and dust.
Page 6 of I 1
FILE UM 2003071430
OR BuJK 04709, PAGE 1721
16.3 Erosion control measures including, but not limited to, seeding, mulching, and
sodding the Property, especially slopes and roadway shoulders.
17.0 Water Quality Test. Prior to the commencement of any landfill operations
on the Property and upon completion of said operations, Owner shall provide the City a
primary and secondary contaminant report of the water quality of the pond located on the
Property. In addition, until completion of said operations, Owner shall provide the City a
monthly V.O.C. test report of the water quality of said pond. All water quality tests and
reports shall be conducted and prepared by a duly qualified professional and laboratory
mutually acceptable to the City and Owner. All laboratory reports shall be delivered directly
to the City Manager from the laboratory.
18.0 Remedies in Liquidated Damages. Nothing herein shall affect the rights in
law or equity for either party except as specifically described in this paragraph covering
liquidated damages for certain violations and breaches under this Agreement.
18.1 Owner and City agree that it is impossible to determine with any reasonable
accuracy the amount of compensatory damages the City and the public would be entitled to
recover upon Owner's breach or violation of Paragraphs 6.0, Fill Procedures, 8.0, Haul
Route, 9.0, Hours of Operation, and 17.0, Water Quality Test, under this Agreement by
Owner. It is also agreed that the compensatory damages consequent upon breach or violation
of said paragraphs are not readily ascertainable at the time this Agreement was prepared and
executed. Thus, in the event that Owner breaches or violates any of Owner's obligations,
covenants or promises under Paragraphs 6.0, Fill Procedures, 8.0, Haul Route, 9.0, Hours of
Operation, and 17.0, Water Quality Test, of this Agreement, City shall be entitled to recover,
as liquidated damages, the sum equal to $500.00 for each violation or breach, except that for
each violation or breach of the terms and conditions under Paragraph 8.0, Haul Route, the
City shall be entitled to recover a sum equal to $100.00.
18.2 For the purposes of Paragraph 18.1 of this Agreement, it is agreed that any
liquidated damages assessed to Owner equal the fair market value of the obligation breached
or violated by Owner and the liquidated damages are not disproportionate to any
compensatory damages that might reasonably be expected to follow from a breach or
violation. In addition, the liquidated damages set forth herein are mutually agreed to be
reasonable, not intended to be a penalty and are reasonably related to the actual damages that
would be suffered by the City and the public. For violations or breaches of Paragraphs 6.0,
Fill Procedures, 8.0, Haul Route, 9.0, Hours of Operation, and 17.0, Water Quality Test, the
parties agree that the City shall not have the option to recover actual compensatory damages
over the liquidated damages set forth herein.
Page 7 of 11
FILE UM 200 3071430
OR BOOK 04791A PAGE 1722
19.0 Successor and Assigns. Owner shall notify the City, in advance and in writing,
of any transfer of ownership of the Property. This Agreement shall automatically be binding
,1
upon and shall inure to the benefit of the successors and assigns of the Property.
20.0 Applic ableLaNv; Venue. This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida and the Winter Springs Code. The parties
agree that venue shall be exclusively within Seminole County, Florida, for all state disputes or
actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all
such federal disputes or actions.
21.0 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.
22.0 Entire Aereement; Headings, This Agreement contains the entire agreement
between the parties as to the subject matter hereof. Paragraph headings are for convenience
of the parties only and are not to be construed as part of this Agreement. All references to
whole paragraph numbers (e.g., 16.0) shall include all subparagraphs thereunder (e.g., 16.1,
16.2, and 16.3).
23.0 Severability. 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
Owner's consent, or remain in the Agreement as modified by the court.
24.0 Recordation. Upon full 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.
25.0 City's Police Powers. Owner 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. Any City permits
issued on the Property prior to the effective date of this Agreement that are in conflict with
this Agreement are hereby deemed null and void.
26.0 Sovereign Immuni 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 any other limitation on the City's potential liability under state or federal law.
27.0 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
Page 8of11
FILE JM 2003071430
- - OFF BOOK- 04799;-- - PAGE 1723
delivered at the addresses set forth below or at such other addresses as the parties hereto shall
designate to each other in writing:
27.1 If to City: Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434.
Winter Springs, Florida 32708
Telephone: 407-327-5957
Facsimile,-;, 407.-327-4753
27.2 If to Owner: Chanh Q. Nguyen
Ngan N. Nguyen
4409 Steed Terrace
Winter Park, Florida 32792
Telephone: 407-657-1467
Emergency Telephone: 407-629-1235
28.0 Waiver. Any forbearance by the City in exercising any right or remedy under
this Agreement shall not constitute a waiver of or preclude the exercise of any right or
remedy.
29.0 Indemnification and Hold Harmless. For all work performed pursuant to
this Agreement, Owner agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City, and its commissioners, employees, officers and city attorneys (individually
and in their official capacities) from and against any and all claims, losses, damages, personal
injuries (including but not limited to death), or liability (including reasonable attorneys fees
through all administrative and appellate proceedings); directly or indirectly arising out of or
resulting from any act or omission of Owner, and its employees, agents, and contractors under
this Agreement and/or in breach or violation of this Agreement.
30.0 City's Riaht to Seek Eguitahle Relief. Owner agrees, acknowledges and
recognizes that any breach of this Agreement by Owner may result in irreparable harm to the
City. Owner agrees that in addition to and not in lieu of all legal and equitable remedies
available to City by reason of such breach, City shall be entitled to equitable relief (including,
without limitation, specific performance and injunctive relief) to enjoin the occurrence and
condition of the breach.
31.0 Attorneys' Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs,
whether incurred at trial or appeal.
Page 9 of 11
FILE UM 2003071430
___0R_B00K 0.4.7._99-L__ PAGE 1724_
32.0 No Joint Venture, 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.
33.0 Contractor Joinder. All contractors hired by, Owner to perform any of
Owner's duties and responsibilities under this Agreement shall be required to execute a
joinder and guarantee prior to performing such duties and responsibilities. Said joinder and
guarantee shall be in a form acceptable to the City and skull require the contractor to abide by
the full terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
WIT SSES: CITY OF WINTER SPRINGS,
A1111
a Florida Municipal Corporation:
By: r/
Ronald W. cLemore, City Manager
Print Name: . f [ L11 A-�-�
r
}v� (A
Print Name:�r�z
Print Name:
Print N i "
OWNER:
By:
C"nh Q. Nguyen
By:
Ngan . Nguyen
Page 10 of 11
FILE JM 2003071430
OR BOUK 04799% PAGE 1725
STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certify that the foregoing instrument was acknowledged before me this �C,41'day of
2003, by CHANH Q. NGUYEN, ❑ who is personally known to me, orEfwho has
produced l—(, IV; identification.
11kIHFI1►►►f� .
N(JTARY PUBLIC ;��0 ?�' • •
9
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STATE OF FLORIDA LF'
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COUNTY OF SEMINOLE r �'►►�iii �i�ii���7��,��y
I hereby certify that the foregoing instrument was acknowledged before me this d -0day of
i ! vi ,? 003, by NGAN M. NGUYEN, ❑ who is personally known to me, or who has
produced - • - as identification.
NOTARY PUBLIC
WALENE COVERT
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Page 11 of 11
1TION MAP
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CI %eAwflrgb .nil u06 r799 PAGE 1726
LEGAL DESCRIPTION:
LOT 15. PLOCK 6, OF THE O.R. M:TCHELL'S SURLY OF THE LEVY
GRANT CAN LAKE JESSUP, ACCORDING TO THE PL T 7HL'REOF AS
RECORDED IN PLAT BOOK 1, PACE 5. OF THE P LIC RECORDS
OF SWINDLE COUNTY. FLORIDA.
ORANGE AVENUE (DIRT ROAD)
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NOTES:
LAND$ SHOWN HEREON %FAE NOT Ai5711,ACTEO 8Y THE SURW-GR FOR RiCHT-17F-WAY AN0/ R EASEMENTS OF RECORD OR OWNCR9f1A.
NOT VAUD UNLESS THIS UA➢ / REPt]RT HEMS THE SJCNATURE AND ORICANAL RAISEO SEAL F THE SURVEYOR An0 YAPPER OF RECORD.
NO FIF.LO WORK HAS PERFORVEO FOR THE LANDS SHONM HEREON.
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EXHIBIT "A"
FILE JM 2003071430
OR BOOK 04799v _ PAGE 1727
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REPAIR AREA
11/21/2002
FILE JM 2003071430
-OR-BOOK 047 AGE Via,
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EXHIBIT "C"
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Prepared by and return to:
r Anthony A. Garganese, City Attorney
Brown, Salzman, Weiss & Garganese, P.A.
225 East Robinson Street
PO Box 2873
Orlando, Florida 32802-2873
Parcel I.D. No: 26-20-30-5AR-OB00-0150
MARYANI, AURSE, CLEF, OF CIRCUIT COURT
SEMINOLE COUNTY
BK 04799 PG 1730
CLERK'S # 2003071431
RECORDED 04/30/2003 11:42:13 AM
RECORDING FEES 46.50
RECORDED BY G Harford
CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT
THIS CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT (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 East State Road 434, Winter Springs, Florida 32708, and CHANH
Q. NGUYEN and NGAN M. NGUYEN, husband and wife (hereinafter referred to as "Debtor"),
whose address is 4409 Steed Terrace, Winter Park, Florida 32792.
WITNESSETH:
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 3 895, Page 1676 (hereinafter referred to as "Lien") and affects Debtor's real property described
thereunder ("Lien Property"). A copy of said Lien and the legal description of the 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
FILL .4UM 2003071431
OR BOOK 0479c- PAGE 1731-__
WHEREAS, 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 fully 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 Satisfaction of Lien. 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 Lien 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.
2.2 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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OR BLjK 04799� PAGE 1732
schedule attached hereto as Exhibit "C." Payment shall be made 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 full 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 require payment by certified check or money order. Debtor
may prepay said amount at any time. Payment shall be sent by U.S. mail or hand 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 Default by 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 for 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/100 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
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OR BOuK 04799, PAGE 1733
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 Successor and Assigns. This Agreement shall automatically be binding upon and
shall inure to the benefit of the successors and assigns of the Lien Property.
5.0 Applicable Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida and the Winter Springs Code.
60 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 Entire Agreement., This Agreement contains the entire agreement between the
parties as to the subject matter hereof.
8.0 Severability. 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 full 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 City"s 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.
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11.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed
f as a waiver of the 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 ofCity'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.
13.0 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 code
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
i
in writing. Notice and correspondence shall be sent by first class mail or hand delivered at the
addresses set forth below or at such other addresses as the parties hereto shall designate to each other
in writing:
14.1 If to City: Mr. Ronald W. McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5957
Facsimile: 407-327-4753
14.2 If to Debtor: Chanh Q. Nguyen
Ngan N. Nguyen
4409 Steed Terrace
Winter Park, Florida 32792
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15.0 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 WHEREOF, the parties have executed this Agreement as of the date first
written above.
WITNESSES
Y
Print -me: 4,:
P'a Name i ce-- ` l 1c► ►�..�
CITY OF WINTER SPRINGS,
a Florida Municipal Corporation:
Ronald W. McLemore, City Manager
l) X DEBTOR:
Print Name: i-1 iT,
-tL -a ju
Print Name: Y it U -q,r jj" Chanh Q. Nguyen
STATE OF FLORIDA
COUNTY OF SEMINOLE
I hereby certify that the foregoing instrument was acknowledged before me this Ls2 h day of
,2002, by CHANH Q. NGUYEN, ❑ who is personally known tome, or Er1vho has produced
as identification.
NOTARY PUBLIC 50
°�
Page 6 of 7
ff'�`►A�010I! IIA "4� `4�
FILL !UM 2003071431
CODE ENFORCEMENT BOARD OIDR'MOK 04799 PAGE 1737
CITY OF WINTER SPRINGS, FLORIDA
- 1 City of Winter Springs
Petitioner,
v. Chanh Q. & Ngan N. Nguyen
4409 Steed Terrace
Winter Park, FL 32792
Respondent.
Complaint No. CEB-99-818
ORDER IMPOSING PENALTYILIEN
Cn
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CD
THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on
January 18, 2000, after due notice to Respondent, at which the Board heard testimony under oath,
received evidence, and issued its Finding of Fact and Conclusions of Law and thereupon issued oral o
_ c„
Order which was reduced to writing. o
`�_;
Said Order required Respondent -to take certain corrective action by April 9, 2000, as more ='
specifically set forth in that Order. ,'
: ;�
An Affidavit of Non -Compliance, bearing the date of April 10, 2000 has been filed with the Board by_:�'m
the Code Enforcement Manager, which Affidavit certifies under oath that the required corrective action
-L
was not taken as ordered. -
—
ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of
r�-
$250.00 per day in reference to the property that exists at the (Orange Avenue) West one-half (1/2) Uf _sr —
Lot 15 of the D. R. Mitchell survey of the Levy Grant in the City of Winter Springs described as:
LEG WEST ('/Z) OF LOT 15
BLOCK B, D. R. MITCHELLS
SURVEY OF THE LEVY GRANT
PARCEL 26-20-30-5AR-OB00-0150
PB 1 PAGE 5, OF SEMINOLE COUNTY
OWNED BY CHANH Q. & NGAN N. NGUYEN
4409 STEED TERRACE, WINTER PARK, FL 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.
DONE AND ORDER this :�'- day of , at 47•'4C#
Seminole County, Florida.
A TEST:
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City C erk
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Code Enforcement Board of the
City of Winter Springs, Florida
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airman
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CEKTIFIEV COPY
OFFICE Or THE CITY CLERK
CITY OF�WNjTE f SPk;NGS, FLORIDA
EXHIBIT "A"
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FILE JM 2003071431
OR BOuK 04799..
LEGAL DESCRIPTION
Leg East (1/2) of Lot 15, Block B, D.R. Mitchell's survey of the Levy
Grant, according t6 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 "B"
FILE A 2003071431
OR -BOOK 04799 i - 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
$ 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
8.
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
14.
February 1, 2004
$1,000
15.
March 1, 2004
$1,000
16.
April 1, 2004
$1,000
17.
May 1, 2004
$1,000
18.
June 1, 2004
$1,500
EXHIBIT "C"