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HomeMy WebLinkAboutNguyen, Chanh & Ngan -2002 09 12 ....., --:_n - ------,.,;~ --- GEORGE B. WALLACE, ESQ., ATTORNEY AT LAw 700 ~. FIRST STREET SANFORD, FLORIDA :3 2771 P.A (407) 323-3660 FAX (407) 323- 24715 September 12, 2002 Mr. Anthony Garganese Brown, Ward, Salzman &: Weiss, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Re: Annexation and Lien Reduction For Chanh Nguyen Dear Mr. Garganese: Enclosed please find an original Code Enforcement Lien Satisfaction .Agreement which has been signed by the Nguyens regarding the above referenced matter. Please let me know if you have any questions. Sincerely, GEORGE B. WALLACE, ESQ., P.A. To Avoid Delay, TypOO and JI'orwarded In Absence of Attorney George B. Wallace, Esquire Enclosure GBW/alx copy: Chanh Nguyen Prepared by and return to: Anthony A. Garganese, City Attorney Brown, Ward, Salzman & Weiss, P.A. 225 East Robinson Street PO Box 2873 Orlando, Florida 32802-2873 Parcel J.D. No: 26-20-30-5AR-OBOO-0150 CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT TIDS CODE ENFORCEMENT LIEN SATISFACTION AGREEMENT (hereinafter referred to as the "Agreement"), made and executed this day of , 2002, 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 3895, 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 NoI100 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 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 of Debtor' 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/I00 Dollars ($10,000.00), as full and complete satisfaction oftheLien. Said payment shall be made by check in eighteen (18) monthly installments, according to the payment Page 2 of 7 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 ofthe 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/lOO 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 Page 3 of 7 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. 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 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. Page 4 of 7 11.0 Sovereign Immunity. 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. 12.0 Payment of City'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 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 Page 5 of 7 ~ ..:l '}.;l '~i ',~;' 'r ';'i.', 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: Print21f{, L."k...f{ I ~~. ~~ P' Name~<<:l\l"\lc.L ~ \ \~c\.l~O ~ ;(t1~ Print Name: ,:) In Y an d.:ec..s ~ ~, Print Name: A.~~~d'ltu,. STATE OF FLORIDA COUNTY OF SEMINOLE CITY OF WINTER SPRINGS, a Florida Municipal Corporation: By: ;( ~ /). '/4-/ (~ Ronald W. McLemore, City Manager DEBTOR: By: Cb,~~ Chanh Q. Nguyen I hereby certify that the foregoing instrument was acknowledged before me this I ~ day of Sepi-. ,2002, by CHANH Q. NGUYEN, 0 who is personally known to me, or a-who has produced as identification. bh. ~ ~\\\\~ I /.:10: ~ NOTARY ~C ~ ~"\SS/ON'... \ ~ ..~(JSl\(,"10,<,a.~.. ~ : :~ ~ '6" ~~ ~ =*: ..... :*= Page 6 of 7 i~~ 'OOMon." : ~ ~. ~.:!t"~ ~ .. A..... . .. ~~ ~'1!pJ-.. 4.~~ ...~~ ~ r,o;~7..~:.. ~ *' ~~.V81..".... o~ '<.~ 111. ..Ie ST~it ~"", ~""';IIII1""\'~ ~~~~ Pnnt Name: d tr.s r ~':n(~. Print Name: ~ M. LacR;Q d BY:~ Ngan . Nguyen STATE OF FLORIDA COUNTY OF SEMINOLE f\ J . I hereby certify that the foregoing instrument was acknowledged before me this I Y-- day of ~.>< ,2002, by NGAN M. NGUYEN, 0 who is rsonally known to me, or 0 who has produced f'\LI\'" '-Y'\ ~ vl\l,...o-- as identification. \ CAROlYN D. ADKINS . MY COMMISSION t DO 083886 EXPIRES: January 13, 2006 IlondId Thru NclIry NlIlc UndIrwrtI8n Page 7 of 7 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 ~ ::0 U'J Order which was reduced to writillg. g ~~ 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:~ 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:.:- ~~:< $250.00 per day in reference to the property that exists at the (Orange Avenue) West one-half (1/2) Of :~~ Lot 15 of the D. R. Mitchell survey of the Levy Grant in the City of Winter Springs described as: LEG WEST (!Iz) OF LOT 15 BLOCK B, D. R. MITCHELLS SURVEY OF THE LEVY GRANT PARCEL 26-20-30-5AR-OBOO-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 Statut~~'L . _ A/7 DONE AND ORDER this ;V"- dayof ~)~ ,at W~ ~\ Seminole County, Florida. CI:KTlfl13D COpy OF~CE OF THE CITY CLERK CI€J ;1j1~~~ FI ORID~ ~ CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA City of Winter Springs Petitioner, Complaint No. CEB-99-818 v. Chanh Q. & Ngan N. Nguyen 4409 Steed Terrace Winter Park, FL 32792 Respondent. ORDER IMPOSING PENALTYfLIEN ~T:~. L .' , \. . . - City C e~k J~l/o~ o te ( Code Enforcement Board of the City of Winter Springs, Florida ------ (~4V7n ~y alnnan EXBmIT "A" -.....) CD ~ \.D :I U1 % o r rr. ("") !::l '"T'\ en r -J (J'\ U1 -.J ,::::) a CX) +- ~ , :"11..., ,;0..... .._)> :;~ ''1-< ,n )> ,!% - ..,.. '....- ,":: f"Tl 4'..::3: ''"iO ,-,~ CrT! c: :;J:) -f OJ .=>0 .,,'"T'\ '-: -" ("") J> r-- :::c rr. " ...,0 )>::0 C)O ,."cn ;;'~-;4:,,{~:~~::~":"-!,,~,t'?,.~'_~::~l'':'l:!K,;'~{jq LEGAL DESCRIPTION Leg East (1/2) of Lot 15, Block B, D.R. Mitchell's survey of the Levy Grant, according to the plat thereof, Parcel 26-20-30-5AR-OBOO- 015A, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida. EXHffiIT "B" 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 EXHmIT "C"