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HomeMy WebLinkAboutTab 43 William K. Riccard.pdfI lui! 1111111 Is 11 It 111111111111111111111411111110111N I In 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 MAR-) � MORSE, CLERK OF CIRCUIT COURT 91MINOLE COUNTY BK 06847 Pps 0764 — 771; tBpgs) CLERK'S * 2007149326 RECORDED 10/19/2007 12:06:09 FIB RECORDMG FEES 69.50 RECORDED BY G Harfo•rd FOR RECORDING DEPARTMENT USE ONLY RESIDENTIAL TEAR -DOWN AND OCCUPANCY AGREEMENT THIS RESIDENTIAL TEAR -DOWN AND OCCUPANCY AGREEMENT ("Agreement") is made and executed this Arj 4 day of T , 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 / William K. Riccard Page 1 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 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 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 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 / 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 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. 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 Applicable 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 Sovereign Immuni . 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 dollars ($200,000.00). 15,0 Ci '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 Attorne '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 Perm its. 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 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 WIiEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS `�� � f1S�i,j� `off S� .�� • � j'fiti. ..a•ees•. '+I By: —'�� �� -•- Jot/F. Bush, Mayor ; ATTEST: 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: /.J. �Z0 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: ire of otf;itness sd a � - �//' �a 14 A LIT store a ittsess Printed Name of Witness Date: 0 STATE OF F/or da COUNTY OF �f).a 2�a j 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 L D L d as identification. (NOTARY SEAL) -_ (Notary Public Signs ] Chyrel Jackson (Print Nam t Noar Public, State of Plo r i ,; My Commission DD295803 Notary p ❑i'Q'P Expires March 02, 2008 Commission No.: My Commission Expires: ,'2)� Z a RESIDENTIAL TEAR -DOWN AND OCCUPANCY AGREEMENT City of Winter Springs / William K. Riccard Page 7 of 7 EXMIT "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' 05' 09" West 150 feet parallel with the East line of said Lot 6, thence North 89' 02' 46" East 144.26 feet parallel with the South line of said Lot 6, then South 00' 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.