HomeMy WebLinkAboutRiccard, William K. Residential Tear-Down and Occupancy Agreement -2007 01 22
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THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
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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-
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CITY OF WINTER SPRINGS ~'~~""''''J(\,::-(r 1'1.,
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ATTEST:
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APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Winter Springs,
Florida only.
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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