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Home My WebLink About2002 07 22 Regular C Code Enforcement Lien Forgiveness 1? COMl\1ISSION AGENDA ITEM C Consent Informational Pu blie Hearing Regular X dd- July.$. 2002 Meeting M~ / ~ Authorization ' REQUEST: The Comnmnity Development Department- Code Enforcement Division n:quests the City Commission considers the request of A V A Anthony/ Plelopateer, LLC for forgiveness for a code enforcement lien of $75,900.00 against their property at Hayes Rd. and SR 434. PURPOSE: The purpose of this agenda item is to request the City Commission considers thl~ request of A VA AnthonylPlelopateer,LLC for forgiveness for a code enforcement lien of $75,900.00 against their property at Hayes Rd. and SR 434. APPLICABLE LAW AND PUBLIC POLICY: On January 14,2002, Ordinance 2001-62 was adopted that set in place the procedure for requesting reduction or forgiveness of a code enforcement lien. CONSIDERA nONS: June, 1999 July 29, 1999 The City received notification that the project manager of the proposed Texaco station had resigned. We were instructed to direct all correspondence to owners George Mansour and Kamil Gowni. The Building Official of Winter Springs instructed the owners to install a fence around the perimeter of the property and to keep it locked until such time that impact fees were paid and permits were issued. JULY 8, 2002 AGENDA ITEM C Page 2 Late August or September, 1999 The fence was finally installed after repeated conversations and correspondence. It was installed without permits, in the rights-of-way, and in such a manner that it impeded traffic visibility. It was moved only after repeated conversations with owners. Impact fees were paid to the City, but a "Stop payment" order was placed on the check before it cleared. Those fees are still outstanding. November, 1999; Charges brought against the property owners for Public Nuisance before the Code Enforcement Board. After appropriate due process, the Board found the owners to be in non-compliance and levied a fine to be imposed after further notification was given. Notice was sent to the owners, but the Certified Mail was returned. No fine could be imposed at this time. Research into the Dept. Of State records revealed the corporation's attorney in Mt. Dora. The Order was faxed to the office, and verified via telephone conversation that it was received in accordance with Florida Statutes. That attorney gave Staff the new address and the Order was sent by Certified Mail. Many telephone conversations with the owners over this time period resulted in promises that the property would be brought into compliance "right away". Compliance was not achieved until March 8, 2002, resulting in a fine/lien amount of$75, 900.00. CODE ENFORCEMENT BOARD RECOMMENDATION: On June 18, 2002, the Code Enforcement Board recommended that the line be reduced to $10,000.00, with a payment plan, continued maintenance of the property, owners waiving any right to a Vested Rights challenge and with an agreement to develop the property in accordance with current Winter Springs development standards. STAFF RECOMMENDATION: Staff does not recommend forgiving or reducing the lien of $75,900.00. ATTACHMENTS: A. Ordinance 2001-62 B. Code Enforcement Board l'vfinutes, June 18, 2002 C. Application For SatisfactionlReduction of Lien JULY 8, 2002 AGENDA ITEM C Page 3 D, map of site, E. Order Imposing Penalty/Lien, F. Memo to Ron McLemore, City Manager, February 4,2000, July 14, 2000, and November 8,2001. G. Administrative costs associated with prosecution, COMMISSION ACTION: ATTACHMENT A ORDINANCE NO. 2001-62 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 2; PROVIDING FOR A NEW SECTION 2-61.5 ENTITLED PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under 92(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 162, Florida Statutes provides that a municipality may create administrative boards with the authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any code and ordinance in force in such municipality; and WHEREAS, the City Commission has enacted Chapter 2 of the Code of Ordinances and has created a Code Enforcement Board with the powers and procedures as provided by law; and WHEREAS, Section 2-61 of the City Code provides, in accordance with Chapter 162, Florida Statutes, an order imposing penalty or fine which is recorded in the public land records and becomes a lien in favor of the governing body, which can only be satisfied or released by an action of the governing body; and WHEREAS, this Ordinance is deemed to be in the best interest of the health, safety, and welfare of the citizens of the City of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 2 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, City of Winter Springs Ordinance No. 2001-62 Page I of 5 , while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 2 CODE ENFORCEMENT * * * ARTICLE III. Boards, Committees, Commissions * * * . Division 2. Code Enforcement Sec. 2-61.5 Application for Satisfaction or Release of Code Enforcement Liens. Where a certified copy of an order imposing a penalty or fine. as described above in Section 2-61. has been recorded in the public records and has become a lien against the land and/or property of the violator. such violator may applv for a satisfaction or release of such lien as follows: ill.) Upon full pavment by the violator of the fine or penalty imposed in accordance with this Chapter. the City Manager is hereby authorized to execute and record a Satisfaction of Lien. {Q} Upon request for a reduction or forgiveness of a fine or penalty imposed in accordance with this Chapter. the violator shall submit a written application to the Community Development Director. f0 The application shall include. but may not be limited to the following: ill The code enforcement case number: ill The date upon which the violator brought the subiect property into compliance with the City Code: ill The factual basis upon which the violator believes the application for reduction or forgiveness of the lien should be granted: ill The terms upon which a satisfaction or release of lien should be granted: ill The reasons. if any. compliance was not obtained prior to the order of penalty or fine being recorded: @ The reduction in penalty or fine sought by the violator: and City of Winter Springs Ordinance No. 2001-62 Page 2 of 5 , ill Anv other information which the violator deems pertinent to the request including but not limited to the circumstances that exist which would warrant the reduction or forgiveness of the penalty or fine. This application shall be executed under oath and sworn to in the presence of a Notary Public. @ The violator shall submit at the time of application payment to the City in the amount necessary to reimburse the City for its costs associated with recording the Order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are non-refundable, without regard for the final disposition of the application for satisfaction or release of lien. UD. Upon receipt of the application for satisfaction or release of lien and payment provided above, the Community Development Director shall confirm through the Code Enforcement Department that the violation-which resulted in the order imposing penalty or fine has been brought into compliance. If the violation has been brought into compliance and there is no current code violation upon the property in question, the Community Development Director shall place the application upon the agenda of the next regularly scheduled meeting of the Code Enforcement Board for the City of Winter Springs. At the hearing before the Code Enforcement Board, the Board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the Board regarding the application for satisfaction or release oflien, and to take the testimony of other interested parties, including but not limited to City staff. ill Upon review of the application and any testimony presented, the Code Enforcement Board shall recommend to the City Commission approvaL approval with conditions, or denial of the applicatibn for satisfaction or release of lien. The Code Enforcement Board, in determining its recommendation, shall consider the following factors: W The gravity of the violation: (Q) The time in which it took the violator to come into compliance: (0 The accrued amount of the code enforcement fine or lien: @ Any previous or subsequent code violations: UD. Any financial hardship: City of Winter Springs Ordinance No. 2001-62 Page 3 0 f 5 (g) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine: ill After a recommendation has been rendered by the Code Enforcement Board. the Community Development Director shall place the application for satisfaction or release oflien upon the agenda of the next regularly scheduled City Commission meeting. The City Commission may take action solely based upon the sworn application and recommendation of the Code Enforcement Board. and information provided by the violator in regard to the application for satisfaction or release of lien: ill The City Commission may approve. approve with conditions. or deny the application to satisfy or release oflien. If the City Commission approves the application to satisfy or release the lien and the. approval is conditioned upon the violator paying a reduced penalty. fine. or any other condition. the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the Commission have been satisfied. The violator shall have thirty (30) days in which to comply with the conditions imposed by the City Commission. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the City Commission. the violator shall thereafter be barred from applying for a subsequent reduction or forgiveness of the lien for a period of one (l) year from the date of denial. During the one-year period. the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this Chapter. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resol utions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2001-62 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, \in a regul~ meeting assembled on the 14th day of January ,2002. A ,TEST: . 1\ L ~DllliA LO City CI~,~.~ ZO-LUACES Approved as to legal form and sufficiency for the. f Winter Springs only Anthony A. Garganese, City Attorney First Reading: December 10, 2001 Second Reading: January 14, 2002 Effective Date: January 14, 2002 " 'I (1- ~~u PAUL P. PARTYKA 0-' Mayor City of Winter Springs Ordinance No, 2001-62 Page 5 of 5 I , , ATTACHMENT B \ t: t ":" . . . UNAPPROVED I. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING .~f JUNE 18, 2002 (jy CALL TO ORDER vf~ l~ ~Jf- J/ Chairperson Joanne Krebs called the Regular Meeting to order at 7:01 p.m. on Tuesday, June 18,2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Ken Furth, present Board Member James B. Pitts, present Board Member Greg Roero, absent Board Member Greg Thompson, present Board Member Mervin Warner, present The Pledge of Allegiance followed. Chairperson Joanne Krebs asked if there would be any Agenda changes and Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division, Community Development Department advised the Board that Case CEB 02-00417 is being added to tonight's Agenda, which will be heard in addition to Agenda Item "D" and "E". Ms. Cook distributed new "Finding Of Fact" and "Relief Orders" and spoke briefly of the changes between the old and the new forms. Chairperson Krebs said, "I was going to entertain a Motion to accept these as our new 'Finding Of Facts' And 'Relief Orders'." MOTION BY BOARD MEMBER FURTH. "SO MOVED." SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: ,AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE MOTION CARRIED. " . . . - UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 2 Of' 12 II. CONSENT CONSENT A. Approval Of The May 21, 2002 Regular Meeting Minutes. Chairperson Krebs requested a Motion to approve the Minutes. "SO MOVED." MOTION BY VICE CHAIRPERSON L YZEN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON L YZEN : AYE MOTION CARRIED. .:. .:. AGENDA NOTE: THE FOLLOWING CASE WAS ADDED TO THE AGENDA AND DISCUSSED AT THIS MEETING. .:..:. III. REGULAR ADD-ON REGULAR CASE #CEB-02-0000417 Ms.'Cook entered into the record "The Statement ofYiolation and Notice of Hearing" for "Sunstate Trees and Chelsea Parc Homeowner's Association which is the property owner". Ms. Cook stated further, "We have the green card back for Sunstate and although we don't have the return green card from Chelsea Parc that they are represented here this evening." Ms. Cook clarified the violation and location; and spoke of the past citations given to Sunstate Trees which were entered into the record. Deputy. City Clerk, Debbie Gillepsie, swore in those persons who may be providing testimony during the presentation of tonight's case. Mr. Michael Mingea,., Environmental Inspector/City Forester, Code Enforcement Division, Community Development Department was asked by Ms. Cook whether he had met with representatives of Chelsea Pare Homeowner's Association to discuss the requirements for tree removal; if Chelsea Pare Homeowner's Association had "Pulled a Permit"; and whether he observed tree removal from the common area of Chelsea Pare. Mr. Mingea responded affirmatively and explained that when he saw the tree being . . . UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE 3 OF 12 removed he stopped and asked the "Sunstate representative - for his Arbor Permit, he was unable to produce and asked him to call the office." Mr. Mingea requested a meeting with the company and prior to leaving the area he measured the tree which was sixteen inches (16") in diameter. Ms. Cook said, "We are bringing this to the Board in leu of another citation. We - feel a citation is a warning - but it does not seem to do the job and it would be another $300.00 to do the cost of doing business. We have cited Sunstate [Trees] four (4) times with citations, another time with warnings, and here is this other time. I just don't feel that a citation would - do any good here. I think we need a stiffer penalty. The Homeowner's Association must share in some of this blame. They were aware that a permit needed to be applied for and obtained. Sunstate [Trees] was aware that a permit needed to be applied for and obtained." Ms Cindy Cox, 1421 Creekside Circle, Winter Springs. Florida: spoke of being a new member of the Chelsea Pare Homeowner's Association Board; acknowledged that a permit was needed; and was told by Sunstate Trees that they would get the permit. Brief discussion. Mr. Angelo Sparteri, 264 West State Road 434, Longwood, Florida: as an agent of Sunstate Trees he spoke of his company assisting homeowners with the application for the permit, but that the homeowners are responsible for obtaining the permit and payment of fees. Chairperson Krebs asked, "Your people are out there, they have no permit but are cutting down a tree. How is that possible?" Mr. Sparteri replied, "That was incorrect. Because of it's not being a home, I guess not knowing that - he could verify - calling up - to see if there was one - probably would have been the way to go." Chairperson Krebs said, "But you are doing business, you are the one who is supposed to know whether or not there is a permit. And if you don't have one in your hand, you don't cut a tree." "Yes ma'am. That's absolutely true," said Mr. Sparteri. Tape I/Side B Further discussion. REVISED FINDING OF FACT: "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA P ARC HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000417, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND OTHER SWORN WITNESSES AND/OR VIOLATORS. UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE40FI2 . BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THAT CHELSEA PARC HOMEOWNER'S ASSOCIATION WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER 5 OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION; (2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED IN THE NOTICE OF VIOLATION; (3) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE 'VITH SECTION 2-59. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLATORS WERE PRESENT AT THIS HEARING; AND (4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST PRIOR TO INSPECTION UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING. . I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIA TEL Y BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER WARNER. DISCUSSION. VOTE: VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: . "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS CHELSEA PARC HOMEOWNER'S ASSOCIATION, CODE ENFORCEMENT BOARD NUMBER CEB-02-0000417, HAVING BEEN FOUND TO BE IN VIOLATION OF - CHAPTER 5 OF THE CITY CODE, I MOVE THAT THE VIOLATORS BE GIVEN NINETY (90) DAYS AFTER NOTIFICATION TO CORRECT THIS VIOLATION OF THE CITY CODE. IF VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED, A FINE OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) WILL BE IMPOSED, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY A CODE ENFORCEMENT INSPECTOR FOR THE CITY OF WINTER SPRINGS. UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE 5 OF 12 . FURTHERMORE, ANY OR ALL FUTURE RECURRENCES OF THIS VIOLATION UPON COMPLIANCE HAS BEEN ACHIEVED WILL NECESSIT A TE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT SAID VIOLATION. THE FINE, FOR SUCH REOCCURRENCE, SHALL BE A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00) PER DAY, PER VIOLATION BEGINNING ON THE FIRST DAY THE VIOLATION IS FOUND TO EXIST. AND IF THE VIOLATION IS NOT CORRECTED WITHIN THE TIME PROVIDED ABOVE, THE CLERK OF THE CODE ENFORCEMENT BOARD SHALL BE DIRECTED TO RECORD A CERTIFIED COpy OF THIS ORDER INTO THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA. THE VIOLATOR BEING PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE THAT THE VIOLATOR'BE DEEMED TO HAVE RECEIVED NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER FURTH. SECONDED. DISCUSSION. . VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. REVISED FINDING OF FACT: "IN THE CASE OF CITY OF. WINTER SPRIN.GS_VERSUS.SUNSTATE TREES, CODE ENFORCEMENT BOARD NUMBER CEB 02-0000417, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREPARED BY THE CODE INSPECTOR, AND HEARD AT THIS HEARING THE SWORN TESTIMONY OF THE CODE INSPECTOR AND WITNESSES AND VIOLATORS. . BASED UPON THE EVIDENCE AND TESTIMONY PRESENTED AT THIS HEARING, I MOVE THAT THE CODE ENFORCEMENT BOARD FIND: (1) THE VIOLATORS SUNSTATE TREES WAS PROVIDED NOTICE IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE THAT A VIOLATION OF CHAPTER - 5 [NO ARBOR PERMIT] OF THE CITY CODE EXISTED UPON THEIR PROPERTY, AND FURTHER PROVIDED A REASONABLE TIME TO CORRECT SAID VIOLATION; UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE 6 OF 12 . (2) THE VIOLATORS FAILED OR REFUSED TO CORRECT SUCH VIOLATION WITHIN THE TIME PROVIDED IN THE - OF VIOLA TIONS; (3) THAT THE VIOLATOR WAS PROVIDED NOTICE, IN ACCORDANCE WITH SECTION 2-59. OF THE CITY CODE, OF THE HEARING BEFORE THE CODE ENFORCEMENT BOARD, AND THAT THE VIOLATOR WAS PRESENT AT THIS HEARING; AND (4) THAT SAID VIOLATION DOES IN FACT CONTINUE TO EXIST UPON THE VIOLATOR'S PROPERTY AS OF THIS HEARING. I FURTHER MOVE THAT AN APPROPRIATE RELIEF ORDER BE ISSUED IMMEDIATELY BY THE CODE ENFORCEMENT BOARD." MOTION BY BOARD MEMBER PITTS. SECONDED BY VICE CHAIRPERSON LYZEN. DISCUSSION. VICE CHAIRPERSON LYZEN REQUESTED THAT FOLLOWING CHAPTER "5, [NO ARBOR. PERMIT] BE SUBMITTED. BOARD MEMBER PITTS AGREED. . VOTE: VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE MOTION CARRIED. Brief discussion. REVISED RELIEF ORDER - ORDER OF THE BOARD: . "IN THE CASE OF CITY OF WINTER SPRINGS VERSUS SUNSTATE TREES, INC., CODE ENFORCEMENT BOARD NUMBER CEB-02-0000-417, THE VIOLATOR, SUNSTATE TREE, INC., HAVE BEEN FOUND TO BE IN VIOLATION OF - SECTION 5 [NO ARBOR PERMIT] OF THE CITY CODE. I MOVE THAT VIOLATORS BE FINED $1,000.00 PER "VIOLATION, SAID FINE SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS ORDER. FURTHER ANY OR ALL FUTURE RECURRENCES AFTER COMPLIANCE HAS BEEN ACHIEVED WILL NECESSITATE FURTHER PROCEEDINGS BEFORE THE CODE ENFORCEMENT BOARD WITHOUT NECESSARILY GIVING THE VIOLATOR AN OPPORTUNITY TO CORRECT THE VIOLATION. FINALLY, AS THE VIOLATOR IS PRESENT AT THIS HEARING AND HAS HEARD THE ORDER OF THIS BOARD, I FURTHER MOVE- THAT THE VIOLATOR BE DEEMED TO HAVE RECEIVED . UNAPPROYED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 7 OF 12 NOTIFICATION OF THIS ORDER IMMEDIATELY." MOTION BY BOARD MEMBER PITTS. BOARD MEMBER PITTS WAS ASKED TO REST ATE THE COMPANY'S NAME AND A TIME FOR THE FINE TO BE PAID. BOARD MEMBER PITTS SAID, "SUNSTATE TREES, INC." AND ADDED, "SAID FINE SHOULD BE PAID TO THE CITY WITHIN FIFTEEN (15) DAYS OF THIS ORDER." SECONDED. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Ms. Cook responded to questions from Mr. Sparteri regarding Ordinance 2002-08 and donating the fine to the Tree Bank Program. Chairperson Krebs recessed the Meeting at 8:20 p.m. . Chairperson Krebs reconvened the Meeting at8:24 p.m. , .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:..:. D. CASE #CEB-99-818 Orange Avenue Chanh Q. Nguyen Reduction/Satisfaction Of Lien Ms. Cook introduced this case, and. provided for the record an application for "Satisfaction Or Release Of Code Enforcement Lien"; read portions of the application to the Board Members; and spoke of the history of this case. Discussion. . Mr. George B. Wallace, Esquire, P.A., 700 West First Street, Sanford, Florida: addressed the Board and stated, " - advice from an individual - up until October when he brought it to my office. He has worked diligently with me and with City Staff to fix it - once somebody wasn't giving him poor advice. Mr. Nguyen doesn't speak really clear English but he is certainly able to answer your question." Tape 2/Side A . . . frRT l! ~Mm.OilPn IJlVM~R' r fJU CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 8 OF 12 Also Mr. Wallace asked that "Ms, Cook will indicate that Mr. Nguyen himself has always tried to be cooperative - pleasant - not belligerent, and not antagonistic with the City," Ms, Cook acknowledged that Mr. Nguyen has been "Very cooperative" and that she encouraged him to hire an attorney. Ms. Cook also said, "I do believe that he was lead astray. On the other hand, I believe he let himself be lead astray and I don't believe a total satisfaction of this lien is called for here." The Board asked if foreclosure proceedings had begun and Ms. Cook responded, "No formal action has been filed at this time." Mr. Wallace said, "We ask for a forgiveness because since I have been retained Mr. Nguyen has done pretty much everything he could as quick as a pace as he could to try to get this matter straightened out and - if the Board feels an absolute forgiveness is not appropriate because of the length of time and other factors - then we would ask the Board amend our affidavit to ask for a reasonable fine amount that Mr. Nguyen might have some capability of satisfying." Mr. Chanh Q. Nguyen, 4409 Steed Terrace, Winter Park, Florida: stated "I do aware that I had the fine and violation"; was told by the person that created the problem that the mulch had been removed; and explained his confusion about actions taken by the City of Winter Springs and Seminole County, Discussion. The present condition of the property and possible costs to the City were discussed. In response Ms. Cook said, "The property owner is petitioning you for a reduction. My opinion would be the property owner should supply you with that information. I am not going to try his case for him." Discussion. CHAIRPERSON KREBS'SAID, "I MAKE A RECOMMENDATION THAT THIS - IN THE CASE OF CEB-99-818 - A REDUCTION TO THE FINE IN THE AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000.00) FOR MR. NGUYEN AND HAVE THE CITY -ARRANGE FORA PAYMENT PLAN." MS. COOK SAID, "THE REDUCTION TO TWENTY THOUSAND (20,000.00) NOT UP TO TWENTY THOUSAND?" CHAIRPERSON KREBS THEN REPLIED, "A REDUCTION TO TWENTY THOUSAND DOLLARS ($20,000.90) - FROM ONE HUNDRED EIGHTY-SEVEN THOUSAND (187,000.00) AND CHANGE." SECONDED BY VICE CHAIRPERSON L YZEN. DISCUSSION . . . UNAPPROVED CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 9 OF 12 VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. Chairperson Krebs recessed the Meeting at 9:16 p.m. The Meeting reconvened at 9:23 p.m. Tape 2/Side B E. CASE #CEB-02-330 701 State Road 434 AVA Anthony Corporation Reduction/Satisfaction Of Lien Ms. Cook addressed the Board regarding. this case and read into the record a Memorandum "Constituting a supplement to the Phelopateer's application for Release or Satisfaction of Code Enforcement Lien". Mr. Aaron Goravitz, Lowndes, Drosdick, Doster, Kantor, & Reed, P.A., 215 North Ecola Drive, Orlando, Florida: spoke of his cli~:nt's [Kamil Gowni, Phelopateer, LLC] participation, litigation, and difficulties in his attempt to develop the property; and asked for "A reasonable reduction under the circumstances." Mr. Goravitz was asked if a gas station is still in the plans for the property. Mr. Goravitz replied, "Right now we have the opportunity to file a Vested Rights case against the City and trying to get a gas station built. That is our absolute . last resort if we can work out these code enforcement issues and do a different plan of sort. I don't expect that we would build a gas station but there is no firm plan in place with respect to what we are going to do." Discussion ensued regarding the City's request for an opaque fence; past communications with A V A Anthony; possible Vested Rights litigation; the "Relief Order" stipulations; and the date of compliance. Mr. Goravitz said, "We could stipulate as part of a settlement here that we wouldn't pursue the Vested Rights claim." Additionally Mr. Goravitz stated, "I just spoke to Mr. Gowni and if there was a recommendation for a nominal fine which goes to the City Council as part as any final documentation with the City Council we would agree not to . . . UN n;. "~'1 t-Yf~ frt 1-;;: ~ ' . ~ ~.J ~ l' 1 ;.. rl ~ l:.~) :. '; J,:,~.J' t..'(<l ...rJ: "",' 1- ~. .:.... 'l'if~~ i~ ;.j~ t: t/ if :;~: f CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE 10 OF 12 file the Vested Rights suit and just kind of live with the Code and get on and start developing." Brief discussion. Ms. Cook suggested, "The City might ask that in making a recommendation, you include a provision that the property, at least for mowing, be maintained on a regular basis now that the Attorney has eluded that 1110neyis coming in and they might be able to do that if it is overgrown again." Discussion City Manager Ronald W McLemore arrived at 10:09 p.m. Chairperson Krebs briefed the City Manager on the offer regarding possible litigation regarding Vested Rights and whether the offer would benefit the City. Tape 3/ Side A Manager McLemore spoke of the City's likelihood of winning the litigation and stated. "It's probably fifty/fifty (50/50), so there is some exposure to the City from a financial prospective if that litigation is pursued. So there is a value for that going away. The flip side of that is that the City has had a lot of cost and aggravation and still - piece of property. The current owner did in fact come forward to try to do something with that property, clean it up because of a decision of the City Commission, I was unable to do that. So, the best I can advise you is, yes there's something of value and I would think something of substantial value to that litigation, potentially going away.." Manager McLemore departed the Meeting at approximately 10: 17 p. m. Discussion ensued regarding possible reduction figures; costs to the City involving this case; possible stipulations to the reduction; and how long before the property will be "Cleaned up". Mr. Goravitz said, "We'll mow it within seven (7) days and ..." MOTION BY BOARD MEMBER FURTH. "I MAKE A MOTION THAT UNDER CEB-02-300, 701 STATE ROAD 434, AVA ANTHONY CORPORATION, THEIR REQUEST FOR REDUCTION/SATISFACTION OF LIEN. I RECOMMEND THAT - I MAKE A MOTION THAT WE SET A FINE OF TEN THOUSAND DOLLARS ($10,000.00) WITH A PAYMENT PLAN AS ARRANGED BY THE CITY WITH AVA ANTHONY, OR THE NEW COMPANY PHELOPATEER MAl NT AIN THE PROPERTY PER ORDINANCE WHILE WAITING FOR 'CONSTRUCTION TO START. WAIVE VESTED RIGHTS SUIT, DEVELOP THE PROPERTY IN ACCORDANCE WITH CURRENT WINTER SPRINGS CODES AND ORDINANCES." SECONDED BY BOARD MEMBER WARNER. DISCUSSION. BOARD MEMBER FURTH SAID, "I 'CHANGE MY MOTION TO MAINTENANCE ACCEPTABLE TO THE CITY." . . . yrMr A nft~O~'E U1VJ .i :'.JU 'n A lii~~ g 'JJ VOTE: VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS . MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18.2002 PAGE II OF 12 .:. .:. AGENDA NOTE: THE FOLLOWING CASES WERE NOT DISCUSSED AT THIS MEETING. .:. .:. REGULAR A. CASE #CEB-02-316 633 Dolphin Road Anthony M. & Nancy E. Pandolfi Chapter 5 (No Arbor Permit) B. CASE #CEB-02-324 216 Charles Street Maria & George Ward Chapter 5 (No Arbor Permit) C. CASE #CEB-02-330 118 Moss Road Cesar M. & Romonita Wilson Section 20-433. (Disabled And Unlicensed Motor Vehicle) IV. FUTURE AGENDA ITEMS The Board requested that "Swearing In Of Witnesses" be added to future Agendas and the placement of brackets in the "Finding of Fact" and "Relief Orders". V. REPORTS None. . . UNAPPROVED .'", ;')>JMENT \. ..:, II ,'.sd)s adjourned the Meeting at 10:34 p.l11. < '.';-,. ",.-. _",' r. I v SUBMITTED: ,-,.L. ..~Ili( .CIlI', ':.".; 1 ~(I.'.I<I lS'.CODEENI'O\ALLL\MINUTES\2002\061802 REGULAR.doc CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JUNE 18,2002 PAGE 12 OF 12 ,," ~';9rOyed allhe , 2002 Code Enforcement Board Meeting. ATTACHMENT C _...;1_~.4..".. ',,~ .:~..II~f.I?IIII;I: ".' CITY OF WINTER SPRINGS, FLORIOA APPLICATION FOn. SATISFACTION OR RELT~ASI~ OF CODE ENFORCEMENT LmN CODE ENFORCEMENT CASE II: 99-706 APPLlCA 1'101'1 rEE: $ 6.00 APPLICANT: Phelopateer. LLC DATE: June 13, 2002 ADDRESS: 1348 Valley Pine Circle CITY: Apopka, STATE: Florida ZIP: 32712 NATURE OF VIOLATION(S): Section 13-1 [Public Nuisance] of the Code of the riTY of WinTer ~prings ADDRESS OF SUBJECT PROPERTY: 701 State Road 434 DATE FINEILIEN IMPOSED: Fphn1~191 2000 AMOUNT: $100.00 /f)A~~ .........!: COMPLIANCE DATE: .:.....March Of 200~___ RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, HIE APPLICANT PROPOSES $ AS THE A1vIOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH TilE VIOLATOR BELIEVES THIS APPLICATION SIIOULD DE GRANTED:' (lfmore space is needed ndd addilionnl pages) *please see attached TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more. space is needed add additional pages) *please see attached TI-IE REASONS, IF ANY, WHY TI-IE APPLICANT DID NOT BRING THE SUBJECT rH.OPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECOH.DED: (If morc sp:1ce is needed add additional pnges) *please see attached . '. . . ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING DUTNOTLlMITEDTO. THE CmCUMSTANCES THAT EXIST WHICH WOULD W ARRANTTIIE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed ncld additional pnges) *please see attached (~-- c:> G , '. L~" .<( MEMORANDUM TO: Charles Carrington City of Winter Springs Community Development Director FROM: Phelopateer, LLC DATE: June 13,2002 ~ ( RE: Supplement to Application for R~lease of Code Enforcement Liens Hayes and 434 Site This memorandum constitutes a supplement to Phelopateer's Application for Satisfaction or Release of Code Enforcement Liens, as described in Ordinance 2001-62, in connection with -- the site located at the comer of Hayes Road and State Road 434 in Winter Springs (the "Site"). Phelopateer, LLC ("Phelopateer") . is successor in interest to A V A Anthony, Inc. ("A V A Anthony") as a result of an internal transaction (phelopateer and A V A Anthony are both owned . by Kamil Gowni). I. Factual Basis for Application for Reduction of Lien In order to set up the factual basis for the requested release of the lien, this section provides a brief chronology of the events affecting the Site dating back to 1999. A. Chronology The City began issuing permits for construction of a convenience store and gasoline station facility on the Site in February 1999. Between February and August 1999, the following specific permits were issued: Construction Trailer Permit, Fuel Tank Installation Permit, Permit to Open Hayes Road for Waterline, Transfer of Construction Trailer Permit, Construction of New Service Station and Convenience Store Permit, Screening Wall Installation Permit and a Fence Installation Pemiit. Pursuant to the Winter Springs Code of Ordinances Section 6-57, these construction permits expired one year from the date they were issued. During the time period from the date of the initial permit in February 1999, to the date of the issuance of the last permit in August 1999, A V A Anthony paid fees to the City, to contractors, to construction companies, and to the Department of Transportation in order to develop the Site. The overall expenditure during this six-month period was in excess of $250,000.00. 038409\83818\534333\5 \ '1;./' Charles Carrington Community Development Director . June 13,2002 Page 2 During the months between August 1999 and March 2000, construction on the Site progressed as scheduled. Although the above ground gasoline dispensers and pipes to be attached to the dispensers were not installed, the gasoline facilities were substantially complete and remain substantially complete at this time. 6, A V A Anthony was asked by the City to donate a portion of the Site property to create a left-turn lane in exchange for and as part of the negotiation concerning construction of a gasoline station and convenience store facility on the Site. A V A Anthony deeded to City the property needed by the City for the left-turn lane; a Public Purpose Warranty Deed was signed by A V A Anthony and the City in August 1999 and recorded by the City in OR Book 3707, Page 0808, Public Records of Seminole County~ Florida. In March 2000, a dispute arose between A V A Anthony and its contractor providing services on the Site, John 1. Sexton - Contractor, Inc. (hereinafter, "Sexton"), over improper installation of an underground drainage pipe. Sexton filed a lien against the Site for its fees, and litigation ensued. In the meantime, AVA Anthony hired Fields & Son Excavation to correct the problem and finish the Site. Fields & Son began preparing the Site to complete construction of the gasoline facilities and to construct a convenience store buildin'g on the Site. The litigation between A V A Anthony and Sexton was eventually settled out of court. During the time period of the litigation between A V A Anthony and Sexton, A V A Anthony continued to work with the City on developing the Site. The City was well aware of the litigation and its effect on the Site. Jimette Cook sent a letter to A V A Anthony dated March 20, 2000 notifying A V A Anthony of a fine running against the Site for maintaining a public nuisance. Ms. Cook indicated that if AVA Anthony fenced the Site, then the City would not place a lien on the property. AVA Anthony cgmplied with the City's request~ spending $227.06 on construction of a fence on the Site. A V A Anthony recognizes that it was sometimes difficult to locate its representatives and that the Site was not always in compliance with the Winter Springs City Code. However, when the City communicated directly with the AVA Anthony, it was cooperative in responding to the City's requests. During the ftrst week in July 2001, A V A Anthony met with the City to discuss both completion of construction and the removal of liens that the City had placed on the Site due to code violations. AVA Anthony wasconcemed about these violations and dedicated to rectifying the situation. At the City's request, during the week after the July 9, 2001 City Commission meeting, A V A Anthony backfilled a tank hole, bush-hogged the Site and fixed the fence on the Site. 038409\83818\534333\5 , \. t-' Charles Carrington Community Development Director June 13, 2002 Page 3 ";': AVA Anthony then met with City staff on July 20, 2001 regarding the building plan for the convenience store on the Site, and asked the staff whether A V A Anthony should resubmit its old drawings for the convenience store building or whether it should submit drawings for a new building. The City staff indicated that it wanted drawings for a new building submitted, which AVA Anthony submitted, and the City staff subsequently expressed approval of the new . drawings. A proposed ordinance, entitled "An Ordinance of the City Commission of the City of Winter Springs, Florida, Establishing Distance Requirements for Gasoline Filling Stations; Providing for Repeal of Prior Inconsistent Ordinances and Resolutions; Providing for Severability; Providing for Incorporation Into the Code; and Providing for an Effective Date:~ was read for the second time at the Winter Springs City Commission meeting on July 23, 2001 and was adopted by a unanimous vote. The ordinance directly affected the Site due to the Site's proximity to another gasoline station on State Road 434. This ordinance prohibited construction of gasoline stations within 350 feet of one another, but also included a vested rights clause. It is clear from the transcript of this meeting that at the time of the vote, the issue of whether the Site was vested was not yet resolved. At this point, the law firm of Lowndes, Drosdick, Doster, Kantor.& Reed, P.A. ("Lowndes") was retained to represent A VA Anthony in its efforts to obtain a vested rights determination and ultimately to go forward. with developing the Site. On A VA Anthony's behalf, on October 22, 200 I Lowndes submitted a memorandum constituting a vested rights application. After reviewing this application, the City staff and the City Commissioners elected to pursue a settlement agreement with A V A Anthony in order to avoid litigation. Soon afterwards, the holder of the first mortgage on the Site began foreclosure proceedings on the, Site. Over the next several months, Lowndes and A V A Anthony worked extensively with the City Manager arid the City staff to create an Agreement memorializing the terms of the development of the site. A landscape architect prepared the landscape plan for the Site, and the resulting landscaping plan was both extensive and superior to that of any of the surrounding property. The building design in the agreement featured a brick fayade, portico and canopy, and decorative planters on the front of the building and under the canopy. The final Agreement met or exceeded the Winter Springs Code requirements on every aspect of the project. At the February 25, 2002 City Commission meeting, the Commissioners voted against the Agreement and in effect discontinued all settlement negotiations. 038409\83818\534333\5 j--' \ Charles' Carrington Community Development Director June 13,2002 . Page 4 B. Factual Basis for Release of Lien As the above chronology suggests, this Site has been plagued by unique and expensive circumstances ranging from litigation with the contractor to pursuing a settlement agreement with the City regarding vested rights. The Site is has been the subject of foreclosure proceedings. A VA Anthony cooperated with the City during the development of the Site, but due to the numerous problems encountered. during development, has incurred substantial expenses in connection with the Site. In light of the history of the Site, A VA Anthony's cooperation with the City and the substantial costs associated with the Site, it respectfully requests that the lien be released. II. Terms Upon Which Release of Lien Should be Granted: The Release of Lien should be contingent upon the Site remaining in compliance with the City of Winter Springs Code from the date of the release forward. III. Reasons Compliance Was Not Obtained Prior to the Fine Being Recorded: As a result of the protracted litigation with its former contractor and the lengthy settlement negotiations with the City regarding vested rights, A V A Anthony was confronted with a combination of a lack of funds and numerous internal issues. Despite these problems, AVA Anthony was confident that construction on the Site was imminent and it remained committed to its goal to build a quality facility on the Site. ) IV. Additional Information: Phelopateer is diligently attempting to avoid litigation regarding this Site and to move forward in ~leaning up and developing the Site. 038409\83818\534333\5 ATTACHMENT D 37' REMOVE 87 LF OF EXISTING 2' CONCRETE CURB & GUTTER AND 68 LF OF SIDEWALK N 72-38'37" r;- I i . . I ..-- 75' TRANSITION ,I 50' TURN STORAGE /'.' , REMOVE CONRETE DRIVE APRON AND CONSTRUCT2' CURB & GUTTER AND 5' CONCRETE SIDEWALK GRASS PARKWAY , "" "MAIb!l?m 14 " " ,,-,' o. ....., 473.41 ' 290.07' ~... .. . -. . 15.0' BUILDING SETBACK LINE EDGE OF ASPHALT AREA PAVING' 15 LF 4- DOUBLE YELLOW STRIPING ~, ", ..., '~" .... '.' ... -.., ). 26' .,._,' ~~..."._._---,-" --, --' 1":':':::'<'c..,.: " \ \ . , '. \1 --. l 1 --.. --. --. o 10 20' ~ I \ i , i I i ., t ---- ~ ! LOT 130 I I I I I .- y /25' -.....--- .,.. (TYP " "3,5',. . --- O"gg ",::3' '..::1'..::1' '..::I"S ~~o~ 3.1::10-1.8 .' NOI::IA3HJ ~~\ 03S0dOl::ld . . l ) , "~ '0 ':) '0'::> H,RA"':~ ~' ," ',1 20' #ISTlNG 5' SIDEWALK ~ N ~ ~ 'UBLlC . PAY /PHONES / COIN-OPERA TE VACUUM ON 6" CONCRETE PAD WI FILLED PIPE BOLLARD COIN-OPERA TE AIR/WA TER ON 6" CONCRETE PAD W / FILLED PIPE BOLLARD EXIS J .~ -cst 33.55' --. EOCr- O~SPHAL T AREA P~G R20 ~ '. . :oj~ ~I ~f 2035" I g,t--- ___ ___ ..,1 --. -- 3).1 tj' ---.j , i 'N ~i ~ 01 :!Ed N UMPSrER i --. (SEE DETAIL ISHT.) I -- ~= 0'1 " --. --. 1.5' _________ "- :;~:~D" ~ I T HAIJOIC: ER Fcln If' DE OF CURE --l tllNtlWHJVllV CODE ENFORCEMENT BOARD OF THE CITY OF WINTER SPRINGS, FLORIDA \VCity of Winter Springs Petitioner, Complaint No. CEB-99-706 v. Anthony A va Inc. 6801 Forest City Road Orlando, FL 32810 Respondent. ORDER IMPOSING PENALTYILIEN THIS CAUSE came on for public hearing before the Winter Springs Code Enforcement Board on November 16, 1999, after due notice to Respondent, at which the Board heard testimony under oath, received evidence, and issued its Finding ofFaet and Conclusions of Law and thereupon issued oral Order which was reduced to writing and furnished to Respondent. Said Order required Respondent to take certain corrective action by a certain time, as more specifically set forth in that Order. An Affidavit of Non-Compliance, bearing the date of February 20, 1999 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. Accordingly, it having been brought to the Board's attention that Respondent did not comply with Order dated December 8, 1999, it is hereby: ORDERED THAT RESPONDENT PAY to the City of Winter Springs a fine in the amount of $100.00 per day in reference to the property that exists at 70 I East State Road 434 in the City of Winter Springs described as: LEG LOTS 3O+51+VACD ENTZMINGER FARMS ADDITION PB 5 pAGE 9, OF SEMfNOLE COUNTY OWNED BY ANTHONY AVA INC. 6801 FOREST CITY ROAD ORLANDO, FL 32810 This Order ifrecorded 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.,/} ~ ~,.. .'.. \\()Ii.lbtiNEANDORDERthis Iv.- day of /~_ ,at Winter Springs. ,>'Seiilinole'Cbunty, Florida. . ,.. \. . ~;.' ~ /".... ~ ". ..- (~ ~. - Code Enforcement Board of the -,~: '.... · : ; c.. City of Winter Springs, Florida .' (" ~~/.. :~~~r~',.>'~L- w. J., tty C(e~,: .,' -4f 10fu..;, I Date 9iizt~/l!.' 'm L/~ Irman j ~I r.x.; , _ =;-". c; ~ w co en W I'Tl ::t: --..J ~ 0 r- I'Tl (") !=' c::> ." --..J r- <J\ 0'\ C': r- f'T ::c U1 ;::s; N ,:::) -., c.n (J \.0 :-0 - en . . c: W -i' 'I; ;21 :s -i ,....., = = = )::to -u ;2;J N :::;;)u 1"'T1r. "'-, a=: 7.)2 OC ,~r- ,:::J rr ;- -:) c-:: , a ~c: " :z: ::V-t ::;:;:< m-rt or- ~ ::t: CO o 0"\ ATTACHMENT F Code Enforcement 2, ~1'~ (2) '''/ 4. CITY OF WINTER SPRINGS, FLORIDA ~~ C~/" .::; ~() .... _.J t:, /") ,..... en-) I ;. I "U- Uf: "v COfl1rr, VvIIVr IIfli,y 0 c:;y s~ evelo IYIIV f) 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 ~ Cv.- ~ r- MEMORANDUM DATE: July 14,2000 TO: Ron McLemore, City Managcr CI.,dcs CaningIOn~';IY DCVclopm~~;=I", Jimctte Cook, Code.Enforcemcnt ManagCr~; Updale on proposed Tcxaco site. Hayes/434 THROUGH: FROM: RE: On Apil 24, 2000 a lien for $100,00 a day beginning Fcbruary 20, 2000 was rccorded at Scminole Counly against the property for a finc imposcd by the Codc Enforcemcnt Board. TI1C violation was creating a Public Nusiance by the allowing the overgrowth of we cds, storage of construction materials. and the Inrge holes and pits dug on the property. Mary Long of Scminole County Impact Fees Division. told mc thaI the County has liens against the property as well for non-payment of impact fees. Texaeo. Ine. informed me that they have bcen trying to collect a substanlial amount of money from the property owners as well. National Fence Comp,lIlY lold me 3 weeks ago that the rcntal fce for the fence had not been paid in threc months. Yesterday, I spoke with a contractor on tlle site Olat was hired to mow the property. He said lhat he was hired by Ole owners to e1ear the property "because thc City was on him". I tried again. in vain. to cOlllacl Ole owners and inform thcm that the lien is still running untilthc situation is complctely clearcd up. I also spoke with National Fencc yesterd.1Y who told me that the property owners have paid their renlal bill up to date. TIle City has some oplions available to hclp allcviate this problcm. 1. Do a titlc search to see what liens are oulstanding on this property. and decide whethcr or nol foreclosure is economically feasible, Since thc property is not a "homestead" property. we may go back to Ihe Codc Enforcement Board to order foreclosure ngninst the property. We would then own the property and be the responsible party for ils maintennnce. Go back 10 the Code Enforcement Board to ask them to "order whatcver means necessary" to bring the property into compliance. TIlc City would have to decidc what those mc.1ns arc. and be willing to pay for it. TIle property would again be liened for the amount spent. This lien would be subsequenl to any olher liens or mortgages on the property. Seek an injunctive rclief order from the court 10 force thc owncrs to comply. Again. the cost of such aClion would be paid by the Cily. Enforcemcnt would also be costly. Enlcr thc privale property and install a 6 or 8 n. industrial opaguc fence at our cost. I'm not sure of the legal liability of cntering onto private property and taking aclion without a appeal process afTordcd the property owner. MEMORANDUM DATE: February 4, 2000 TO: Ron McLemore, City Manager THROUGH: Charles Carrington, Community Development Director FROM: Jimette Cook, Code Enforcement Manager RE: Texaco project! S.R. 434 · In June, 1999 tIle City received notification tImt tIle project manager of tIle Texaco project had resigned. We were instructed to direct all correspondence to tIle owners George Mansour and Kamil Gowni. · On July 29, 1999, the City instructed tIle owners to install a fence around the perimeter of the site and to keep tIle area locked until such time as impact fees are paid and pennits are issued. · A fence was installed about a month later after repeated conversations and correspondence with tIle owners. It was installed witIlOut penn its, on the right-of-way and in such a way that it impeded traffic visibility. It was finally moved after repeated conversations and correspondence. · TIlere was information tIlat some sort of litigation was involved between tIle owners and the previous contractor and tIlat construction was halted until that situation was resolved. · Impact fees were paid to tIle City, but a "stop payment" was put on tIle check before it could clear, TIlose fees are still outstanding. ( approx. $44,000.00 and 5% penalty for "stop payment") · Late 1999 tIle City obtained the area along Hayes road and constructed a turn lane. The City's contractor removed part of tIle fencing to construct tIle turn lane, At some point, tIle reminder of tIle fence along tIle rear of the property next to Hacienda Village was removed, but we do not know who removed it.. · In November, 1999 charges were brought against tIle owners of the property, Ava Anthony Inc. for creating a public nuisance. The Code Enforcement Board found the owners in non- compliance and levied a fine to be imposed after notification to the owners and after a reasonable time NOlice was sent to tIle owners o(tllis Order. · TIle Certified letter was sent to tIle owners of record, but was refused and marked "refused/moved/no fonvarding address". No fine could be imposed at tIlis point. · Research into tlle Department of State records revealed tlle corporation's attorney is located in Mt. Dora. TIle Order was faxed to tIle attorney and telephone conversation verified tllat it was received. TIle Corporation's attorney gave me tlle correct address for tlle official office of the corporation and the Board's order was sent certified mail. · TIlere were many telephone conversations with the owners over tllis time period and each time tlle owners insisted tl13t tlle litigation was drawing to a close and that we would see action on tlle site "in 2 weeks". · TIlere was a telephone conversation on February 2, 1999 with Mr. Gowni in which Mr. Gowni said that impact fees were indeed paid, that building permits were in order and that construction would begin on Monday, February 7, 1999. As of FebOlary 2, ]999 impact fees were not paid and building pennits were expired. · TIle owners of this property have been less than cooperative with the City since they became involved in tlus project. / · We have received many complaints from the residents in Hacienda Village and from others in the City about the potential hazards that exist at this site. . Options to consider; · Bring the issue back to the Code Enforcement Board and ask that they order the City to correct the violation by fencing tlle property and lien tlle property to recoup the cost of tlle fencing. · Bring tlle issue back to tlle Code Enforcement Board and ask tllat tlley order tlle City to correct tlle violation by mowing the property, filling in the holes, removing the debris, and fencing tlle property and lien tlle property for costs involved. · Respond to tlle management of Hacienda Village suggesting tllat tlley erect a fence on tlleir property at their cost to protect themselves from visual distractions and what they perceive to be a "dangerous situation". ,J , ~ I MEMORANDUM DATE: November 8, 2001 TO: Anthony Garganese, City Attorney FROM: JimeUe Cook, Code Enforcement Manager RE: A V A Anthony vested rights I have reviewed the Memo from the attorneys for A VA Anthony, Inc. and offer the following response: · In my opinion, the common vested rights issue pursuant to Winter Springs Code Section 9-403"'does not apply. TIle code gives a property owner the opportunity to apply for a special vested rights exception for zoning changes Ulat were made to bring said property into compliance with Ule 1992 Comprehensive Plan. TIle "zoning change" alluded to in Ule memo does not apply in Uris case, therefore Ule special use permit is not applicable. AIl arguments that Ule case meets Ule standards for determining vested rights (Section 9-403) are moot. · TIle argument for equitable estoppel, in my opinion, is not substantiated. TIle 3 elements have not been met. TIle first element of "good faiUl" has not been met A VA AnUlony did not act in "good faiUl" to continue construction of the gas station. A Stop-payment order was issued by the owner against Ule $42,000.00 check for impact fees. Attempts at contacting Ule owners went unanswered for monUls. TIle City was not kept infonned of tlle status of the abandoned site and had to force the owners to construct a safety fence around Ule property to protect Ule public from falling into Ule large open pits surrounding the partially installed gas tanks. TIle City contacted Texaco Corp. in an attempt to reach Ule owners of the property and was informed Utat Texaco was "looking for Ulem" as well. TIle standard of "good faitll" has not been met. · TIle second standard for equitable estoppel is based on some omission or action by the governmental agency. TIle City of Winter Springs adopted the Ordinance requiring certain distances between gas stations wlrile there \vere no active building penilits in place for gas stations. TIlere were no applications for building permits at Utat site. TIlis standard for equitable estoppel has not been met. · TIle property owner chose to abandon Ule construction site. TIle property owner chose to stop payment on Ule impact fee check. TIle propertY. owner failed to reasonably infonn Ule City of it's intent and further, avoided commwlication Witll the City for monUls. Because of the abandonment of the site, Ule failure to pay impact fees, the failure to communicate witll Ule City, and the failure of A V A AnUlOny to renew any building pennits, Ule City had no re.:1son to believe that Ule site would ever be developed by AVA Anthony as a gas station. TIlis standard has not been met. · In Texas vs. TOlJln of Miami Springs, Ule developer had obtained nccessary building pconits before thc City changcd U1C ordinancc. Tltis is not U1C situation in Ulis instancc, A VA AnUlOny allowcd the permits to expire well beforc the City of Winter Springs changed U1C ordinance. In Bishop "s. City of Gainesville, the City approvcd a zolling change specifically to allow the gas station to bc constructed at Ule site, thcn later changcd thc ordinance and prohibited gas slations. In this case. howcvcr, a changc was notllladc to UlC zoning dcsignation to allow A V A Anthony 10 construct a gas slalion. Pcrmits (> \ .~ (I were issued to A V A Anthony to construct a gas station per code at the time of application. They failed to constructtlie gas station. Through no fault of the City, those pennits were leU to expire and no attempts were made prior to ordinance change to renew those permits. The cases arc not similar enough, in my opinion, to constitute precedence. . On page 4, paragraph 3, Ule attorneys for A VA AnUlony allege Umt Ule owners were in continuous contact with City staff. TIley refer to a request from Code Enforcement to install a fence to prevent a filing of a code enforcement lien and Umt A VA AnUlony installed Ule fence at Ule City's request. What actually occurred was Ulat after weeks and weeks of calling, writing and attempting to contact AVA AnUlony about tlie unsafe conditions at the abandoned site ( open pits and large piles of sand and aggregate nlaterial ) Ule property owner finally had a chain link fence installed. After a public hearing before the Code Enforcement Board for Public Nuisance ch<'lrges, (A V A AnUlony did not respond to the charges and did not appear at the hearing to answer Ule charges) a fine was imposed. AVA Anthony continued to ignore Ule City's request for infonnation. Finally, in an attempt to ab<'lte Ule visual nuisance of the abandoned site, the City offered not to place Ule code enforcement lien on Ule property if A V A AnUlOny would completely fence the property with a 6 feet industrial or heavy weight, opaque fence. TIus offer was ignored, TIle City had no choice but to place Ule code enforcement lien against Ule property. In paragraph 4, page 4, reference is made to a meeting held in July 2001. That meeting was held on July 5, 2001. At Umt meeting, discussions were made relating to Ule condition of Ule site and Ule code enforcementlielL A VA AnUlOny was not told Umt if improvements were made Ulen building pennits would be issued. City staff informed A VA Anthony of a pending ordinance concerning separation of gas stations. During Ule week of July 9, some improvements were made to Ule site, but failed to meet Ule conditions for compliance Umt was discussed at Ule July 5, 2001 meeting and Ulat was ordered by tIle Code Enforcement Board TIle code enforcement lien is still accruing and will continue until compliance is achieved, r-/ · In conclusion, in my opinion, A VA AntIlony is not vested. The property owner avoided communic<'ltion WiUl tIle City, failed to complete tIle project, allowed Ule pennits to expire, ignored Code Enforcement action, stopped payment of the impact fee check, and adversely impacted Ule community by allowing tIle site to become abandoned and degraded. TIle "good faith" element was not met by Ule property owner. TIle Ordinance to restrict gas stations was duly advertised and adopted. There were no active pennits and no applications for site plan reviews submitted or pending at Ule tilne of adoption. cc Ron McLemore, City Manager Charles Carrington, Community Development Director ATTACHMENT G Information to be provided by attorney's Staff prior to meeting BROWN, WARD, SALZMAN & WEISS, P.A. A ttorneys at Law Usher L. Brown t Suzanne D'AgrestaD Anthony A. GarganeseD Gary S. SalzmanO John H. Ward t Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Scott D. Danahy Jennifer A. Michael Todd K. Norman Michelle A. Reddin Vincent E. Scarlatos tBoard Certified Civil Trial Lawyer oBoard Certified Business Litigation Lawyer DBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel November 4, 2002 SENT VIA HAND DELIVERY Andrea Lorenzo-Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 RE: CITY OF WINTER SPRINGS v. AVA ANTHONY, INC. OUR FILE NO. 315-001 Dear Andrea: For safe keeping, please find enclosed the following: Original Agreement between City of Winter Springs and Phelopateer, LLC Photocopy of recorded Satisfaction of Lien Photocopy of recorded Notice of Discharge of Lis Pendens Photocopy of recorded Notice of Release of Lis Pendens In Lien Foreclosure Action Photocopy of recorded Notice of Voluntary Dismissal These documents finalize the implementation of the above referenced agreement. Should you have any questions, please do not hesitate to telephone me. Anthony A. Garganese City Attorney AAG/lfk Enclosures F:\Docs\City of Winter Springs\Ava Anthony - Texaco\Correspondence\LuacesLellerWithOriginaIDocuments110402.wpd 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 & Viera (866) 425-9566 Website: WW'N.orlandolaw.net .. Emall: firm@orlandolaw.net BROWN, WARD,'SALZM.f\N & WEISS, P.A. Attorneys at Law Usher L. Brown · Suzanne D' Agrestaa Anthony A. Garganesea Gary S. Salzmano John H.Ward. Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa &: Viera Debra S. Babb Jeffrey P. Buak John U. Bledenham, Jr. JosephE; Blitch Scott D. Danahy Jennifer A. Michael Todd K Norman . Vincent E. Scarlatos .Board Certified Civil Trial 4wyer oBoard C~ed Business utigatlon Lawyer aBoard Certified City, County & Local Govemment Law Erin J. O'Leary Of Counsel November 4, 2002 Aaron J. Gorovitz, Esquire Lowndes Drosdick Doster Kantor & Reed, P.A. 215 North Eola Drive Orlando, Florida 32801 Re: City of Winter Springs v. AVA Anthony, Inc. Our File No. 315-001 Dear Aaron: Enclosed please find the original recorded Satisfaction of Lien for the above' referenced matter. Also enclosed are copies of the recorded Notice of DisCharge of Lis Pendens; Notice of Release of Lis Pendens in Lien Foreclosure Action; and Notice of Voluntary Dismissal. Now that the City has fully complied with the requirements in Section 1 of the Agreement dated September 25, 2002, Phelopateer has waived all vested rights and cl~ims to construct a gasoline station at the subject property. . I am glad we were able to reach a mutually acceptable resolution to this matter. If you have any questions or concerns, please call. . AntholW . Garganese City Attorney AAG:lfk Encrosures F:\Oocs\City of Winter Springs\Ava Anthony - TexacoICorrespondence\GorovitzRecordedLilinSat.wpd .... 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 & Viera (866) 425-9566 Website: wWw.oriandolaw.net . Email: firm@oriandolaw.net " , . . , . AGREEMENT THIS AGREEMENT, made and entered into as of the ;lS-r1ct-ay of ~, 2002, by and between PHELOP A TEER, LLC, a Florida limited liability company, whose address is 1348 Valley Pine Circle, Apopka, Florida 32712 ("Phelopateer"), and THE CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708-2799 (the "City"); WITNESSETH: WHEREAS, Phelopateer is the fee simple owner of that certain real property situate in Seminole County, Florida and more particularly described on Exhibit "A" attached hereto (the "Property"); and and WHEREAS, Phelopateer is successor in interest to AVA Anthony, Inc., a Florida corporation; WHEREAS, on April 10, 2000, the City's Code Enforcement Board ("Code Enforcement") issued an Order Imposing Penalty/Lien (the "Order") on the Property due to various code enforcement violations ($100.00 per day - the "Fine") and the Order was recorded on April 24, 2000 in Official Records Book 3837, Page 766, of the Public Records of Seminole County, Florida, thereby constituting a lien against the Property (the "Lien"); and WHEREAS, on April 30, 2001, the City filed a Complaint in Seminole County Case No. 01- CA-970-16-K, City of Winter Springs v. AVA Anthony, Inc., requesting a permanent injunction for abatement of nuisance on the Property (the "City Lawsuit"); and WHEREAS, on May 10, 2001, the City recorded a Notice of Lis Pendens, in which it sought the abatement of a public nuisance on the Property, in Official Records Book 4074, Page 1519 of the Public Records of Seminole County, Florida (the "Lis Pendens"); and WHEREAS, on October 16, 2001, the City filed a Verified Answer and Crossclaim in Seminole County Case No. 01-CA-210S-14-L, D&F Financial Services v. AVA Anthony, et al., requesting a final judgment of foreclosure in its favor based on the outstanding and accruing Fine (the "D&F Lawsuit"); and WHEREAS, on March 8, 2002 the Property came into compliance with the City's Code and an Affidavit of Compliance was issued; and WHEREAS, on June 14, 2002, Phelopateer submitted an application for Satisfaction or Release of Code Enforcement Lien, pursuant to City Ordinance No. 2001-62, with respect to the Lien; and WHEREAS, on June 18, 2002, the Winter Springs Code Enforcement Board considered the Application and recommended to the City Commission that the Fine be reduced to $10,000.00 in 038438\90190\574756\4 .f , , exchange for Phelopateer's agreement to waive any vested rights claims that it might have with respect to the Property; and WHEREAS, on July 8, 2002, the City Commission considered the Application and reduced the Fine to $12,500.00, conditioned upon Phelopateer's agreement to waive any claims of vested rights to construct a gasoline station that it might have had prior to July 8, 2002 with respect to the Property; and WHEREAS, Phelopateer desires to waive any claims of vested rights to construct a gasoline station on the Property that it might have had prior to July 8, 2002 with respect to the Property; and WHEREAS, the City desires to discharge the Lis Pendens, dismiss the City Lawsuit, satisfy the Lien and dismiss the D&F Lawsuit with prejudice. NOW THEREFORE, for and in consideration of the premises hereof and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Phelopateer and the City do hereby covenant, stipulate and agree as follows: I. Subject to and conditioned upon the City's (i) recordation of a discharge of the Lis Pendens, (ii) recordation of a satisfaction of the Lien, (iii) filing of a dismissal with prejudice of the City Lawsuit, and (iv) filing of a dismissal with prejudice of the D&F Lawsuit, Phelopateer does hereby waive any claims of vested rights to construct a gasoline station that it might have had prior to July 8, 2002 with respect to the Property including, but not limited to, any vested rights which it might have under the "Site Construction Plans for Texaco," which were prepared by Kimley-Hom and Associates, Inc. in or about February 1999 '("Site Plan"), and filed with and approved by the City of Winter Springs. Further, Phelopateer hereby agrees that the Site Plan and any other permits issued by the City in furtherance of the Site Plan have expired and are null and void. 2. Simultaneously with execution of this Agreement by the City, the City does hereby agree to (i) discharge the Lis Pendens of record by properly executing the Notice of Discharge of Lis Pendens attached hereto as Exhibit "B"; and (ii) satisfy the Lien of record by properly executing the Satisfaction of Lien attached hereto as Exhibit "C," and record both in the Public Records of Seminole County, Florida. The City further agrees to (i) file a dismissal of the City Lawsuit with prejudice by properly executing the Dismissal with Prejudice attached hereto as Exhibit "D," and (ii) file a dismissal of the D&F Lawsuit with prejudice by properly executing the Dismissal with Prejudice attached hereto as Exhibit "E," and file both with the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida. Additionally, the City agrees to execute other documents reasonably required to discharge the Lis Pendens, satisfy the Lien of record, and dismiss the City Lawsuit and the D&F Lawsuit. 3. This Agreement shall be binding upon and inure to the benefit of Phe10pateer and the City and their successors and assigns. 4. City and Phelopateer shall bear their own attorney's fees and costs which were incurred in the D&F Lawsuit, the City Lawsuit, and in preparing this Agreement. 038438\90190\574756\4 2 . , IN WITNESS WHEREOF, the undersigned Phelopateer and the City have executed this Agreement in manner and form sufficient to bind him as of the date set forth above. Signed, sealed and delivered in the presence of: t:~~~~ ?~~ Name: ~~ '~~dS~ STATE OF FLORIDA COUNTY OF ~~.L- The foregoing instrument was acknowledged before me this Is" day of ~+-- , 2002 by Kamil Gowni, as Member of Phelopateer,' LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or has produced as identification. (NOTARY SEAL) ?~ ~ Notaty Public Signatu PHELOPATEER,LLC, a Florida limited liabili~ co~ ~'- --=> ~ By: Karnil Gowni, Member ""'"''''';''' ZA YNE;L-KE . 'y f.~'Ji~~~1Y COMMIS -:.. , 38044 . :.~.*F EXPIRE$:Ma~:f8;2003 '~,~f.,~:f-"-'~ 'Bontled Thiu N~lilry pub!icUnderwrltsl8 Typed/Printed Notaty Name Commission No.: My Commission Expires: 038438\90190\574756\4 3 . . ~ :>tq{J Name: l> J:::j)~ .hUM tff' ~AIU,(j../N CITY OF WINTER S~RINGS,' a Florida municipai ~orporati()n By: ;(f>Y/dJU.~'f?~ .,.. Ronald W. McLemore;' Ci,ty Managei Name: /;1;/1fI t-., i !~J p STATE OF FLORIDA COUNTY OF ~~lN\)~ The foregoing instrument was acknowledged before me this ~day of ~~~ 200~ ?y Ronald ~. McLemore, as City Man~gerg(,the ~ITY O!__~1P~PRINGS, a Florida murucIpal corporatIon, on behalf of the corporatIo~she IS ~s6nally kno~lO me or has produced (NOTARY s~ identification. V L -- ~~ ~'":LiJ,- L..d.\LG~ Typed/Printed Notary Name Commission No.: My Commission Exp ACES O~ MIssioN tree 631931 EXPlRES: ~1ay 9; 2003 1-8O().~NOTARY Fla ""'my !mvloe & BOnding Co, 038438190190\574756\4 4 EXHmIT "A" Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North plus 50 feet West of the NE Corner of Lot 51. Run South 72038'37" West 437.1 feet, thru North 17021 '23" West 190.5 feet, then North 72038'37" East 493.41 feet, then South 198.65 feet to the point of beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public Records of Seminole County, Florida, more particularly described as follows: Begin at a point 25.00 feet North and 50 feet West of the Northeast corner of Lot 51, Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 72038'37" West for a distance of 8.34 feet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the centerline of Hayes Road as described in O.R. Book 1042, Page 220, Public Records of Seminole County, Florida, for a distance of 186.80 feet; thence South 54007'23" East for a distance of9.99 feet; thence South 00053 '23" East along the existing Westerly Right-of-Way line of said Hayes Road for a distance of 178.46 feet to the POINT OF BEGINNING. 038438\90190\574756\4 5 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA Case No.: 01-CA-970-16 Division K CITY OF WINTER SPRINGS, a Florida municipal corporation, Plaintiff, vs. AVA ANTHONY, INe., a Florida corporation, Defendant. / NOTICE OF DISCHARGE OF LIS PENDENS COMES NOW Plaintiff, CITY OF WINTER SPRINGS, by and through its undersigned attorneys, and hereby discharges the Lis Pendens filed in this action and recorded in Official Records Book 4074, Page 1519 of the Public Records of Seminole County, Florida with respect has no force or effect whatsoever. to the real and personal property, as described on Exhibit "A" attached hereto. D The Lis Pendens ---.. Anthony A. Garganese Florida Bar No.: 988294 Brown, Ward, Salzman & Weiss, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32802 Telephone: (407) 425-9566 Telecopier: (407) 425-9596 Attorneys for CITY OF WINTER SPRINGS EXHmIT "B" 038413\86495\576268\2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Discharge of Lis Pendens has been furnished by United States Mail to: Gary Soles, Esquire, Lowndes, Drosdick, Doster, Kantor & ~uth Orange Avenue, Suite 800, Orlando, Florida 32802, on this ~ay of , 2002. ~ 038413\86495\576268\2 . . EXHIBIT "A" Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North plus 50 feet West of the NE Corner of Lot 51. Run South 72038'37" West 437.1 feet, thru North 17021 '23" West 190.5 feet, then North 72038'37" East 493.41 feet, then South 198.65 feet to the point of beginning (less road), ENTZMINGER FARMS ADDITION NO, 2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public Records of Seminole County, Florida, more particularly described as follows: Begin at a point 25.00 feet North and 50 feet West of the Northeast corner of Lot 51, Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 72038'37" West for a distance of 8.34 feet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the centerline of Hayes Road as described in O.R. Book 1042, Page 220, Public Records of Seminole County, Florida, for a distance of 186.80 feet; thence South 54007'23" East for a distance of9.99 feet; thence South 00053'23" East along the existing Westerly Right-of-Way line of said Hayes Road for a distance of 178.46 feet to the POINT OF BEGINNING. 038413\86495\576268\2 This instrument was prepared by and should be returned to: Gary Soles, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, Florida 32802 SATISFACTION OF LIEN CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708, being the holder of that certain Order Imposing Penalty/Lien (the "Code Enforcement Lien") imposed by the Code Enforcement Board of the City of Winter Springs, Florida on April 10, 2000, and recorded on April 24, 2000 in Official Records Book 3837, Page 0766, Public Records of Seminole County, Florida, with respect to the real property described on Exhibit "A" attached hereto, in consideration of TEN AND NO/tOO DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, hereby acknowledges full payment and satisfaction of the Code Enforcement Lien and hereby directs that the same shall be and hereby is satisfied in full of record. IN WITNESS WHEREOF, the undersigned has executed this Satisfaction of Lien this d S-t+-.. day Of~, 2002. CITY OF WINTER SP~N9-S- By: i?~V'. ?n~ '::_ Ronald W. McLem(lfe,.~CJty~~anager_ (Seal) EXHIBIT "C" 038413\864951576323\2 ST ATE OF FLORIDA COUNTY OF ...~'i'flj\t,)w:- The foregoing instrument was acknowledged before me this .)..{'ft.-. day of ~~~r;0f- , by Ronald W. McLemore, as City Manager.. of the CITY OF WINTER SPRINGS, on behalf of the said municipality. He is~lIy _ _~E.Q.~n to me or has produced as identificat^n, ..', <=. NOik~b~~~-- N~~. Printed Name: ANDREA LORENZO-WACES M C " ;s I '831931 Y ommlSSlOn x EXPIR!=S: May 9, 2003' 1 ~3-NOTARY Fla. Notery SeMoe & Bonding Co, ' 038413\86495\576323\2 . , . . EXHIBIT "A" Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North plus 50 feet West of the NE Comer of Lot 51. Run South 72038'37" West 437.1 feet, thru North 17021 '23" West 190.5 feet, then North 72038'37" East 493.41 feet, then South 198.65 feet to the point of beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5, Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public Records of Seminole County, Florida, more particularly described as follows: Begin at a point 25.00 feet North and 50 feet West of the Northeast comer of Lot 51, Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 72038'37" West for a distance of 8.34 feet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the centerline of Hayes Road as described in O.R. Book 1042, Page 220, Public Records of Seminole County, Florida, for a distance of 186.80 feet; thence South 54007'23" East for a distance of9.99 feet; thence South 00053'23" East along the existing Westerly Right-of-Way line of said Hayes Road for a distance of 178.46 feet to the POINT OF BEGINNING. 038413\86495\576323\2 . I. - ~~ , . " . , IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA Case No.: 01-CA-970-16 Division K CITY OF WINTER SPRINGS, a Florida municipal corporation, Plaintiff, vs, AVA ANTHONY, INe., a Florida corporation, Defendant. / NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE COMES NOW Plaintiff, CITY OF WINTER SPRINGS, by and through its undersigned attorneys, and files this Notice of Voluntary Dismissal With Prejudice in the above referenced action, Anthony A. Garganese Florida Bar No.: 988294 Brown, Ward, Salzman & Weiss, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32802 Telephone: (407) 425-9566 Telecopier: (407) 425-9596 Attorneys for CITY OF WINTER SPRINGS EXHffiIT "D" '1>" t.: ... , . . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Voluntary Dismissal with Prejudice has been furnished by United States Mail to: Gary Soles, Esquire, Lowndes, Drosdick, Doster, Kantor & R~th Orange Avenue, Suite 800, Orlando, Florida 32802, on this ~ay of , 2002. ~ Anthony A. Garganese ---- 038413/86495/576250 2 . .: I I' I ,~ . J D & F FINANCIAL SERVICES, a general partnership, . Plaintiff, vs. AVA ANTHONY, INe., a Florida corporation; CITY OF WINTER SPRINGS, a Florida municipal corporation; VEON & SONS CONSTRUCTION, INe., a Florida corporation; MOTIV A ENTERPRISES, LLC, a limited liability company formed under the laws of Delaware; KAMIL F. GOWNI, an individual; GEORGE R. MANSOUR, an individual; and UNKNOWN TENANT(S), Defendants. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA Case No.: 01-CA-2105-14 L / NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE COMES NOW Defendant/Cross-Plaintiff, CITY OF WINTER SPRINGS, by and through its undersigned attorneys, and files this Notice of Voluntary Dismissal With Prejudice of Defendant's, CITY OF WINTER SPRINGS, Crossclai against Defendant, AVA ANTHONY, INC., in the above referenced action. Anthony A. Garganese Florida Bar No.: 988294 Brown, Ward, Salzman & Weiss, P.A. 225 E. Robinson Street, Suite 660 Orlando, FL 32802 Telephone: (407) 425-9566 Telecopier: (407) 425-9596 Attorneys for CITY OF WINTER SPRINGS EXHmIT "E" . ':. \ , ~, . i CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Voluntary Dismissal with Prejudice has been furnished by United States Mail to: Mark S. Reisinger, Esquire, 20 North Eola Drive, Orlando, Florida 32801; Lennon E. Bowen, ill, Esquire, Bowen & Campione, P.A., 600 Jennings Avenue, Post Office Box 926, Eustis, Florida 32727; James R. Mitchell, Esquire, Baker & Hostetler, LLP, 2300 Sun Trust Center, 200 S. Orange Avenue, Post Office Box 112, Orlando, Florida 32802-0112; Robert F. Vason, Jr., Esquire, Post Office Box 1430, Mount Dora, Florida 32756; First Unknown Tenant, El Filling Station, c/o Ronald Diaz, owner, 846 East 5th Avenue, Mount Dora, Florida 32757; Second Unknown Tenant, c/o Mariah's Detail, 504 N. Highland Street, Mt. Dora, Florida 32757; Wasfi A. Makar, 211 Coral Sands Drive, Rockledge, Florida 32955; and Gary Soles, Esquire, Lowndes, Drosdick, Doste~ Kant~~450 South orange Avenue, Suite 800, Orlando, Florida 32802, this,;w day 0 ,2002. ' 038143/86495/576134 2 i.1 ill - .v 3 t C d f .... 'j r, () L 15 j -. J 11 I.. \~ Ilm~~nmnmg~gmmM~JnmlmmDI. .,A This instrument was prepared by and should be returned to: MARYANNE MORSE, CLERK OF CIRCUIT COURT SEflllN01.E COUNTY ' BK '04544 PG 1698 CLERK'S # 2002951005 RECORDED 10/02/2002 04:25:58 PM RECORDING FEES 15.00 ' RECORDED BY M Nolden Gary Soles, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, Florida 32802 SATISFACTION OF LIEN CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter Springs, FL 32708, being the holder of that certain Order Imposing Penalty/Lien (the "Code Enforcement Lien") imposed by the Code Enforcement Board of the City of Winter Springs, Florida on April 10, 2000, and recorded on April 24, 2000.in Official Records Book 3837, Page 0766, Public Records of Seminole County, Florida, with respect to the real property described on Exhibit "A" attached hereto, in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, hereby acknowledges full payment and satisfaction of the Code Enforcement Lien and hereby directs that the same shall be and hereby is satisfied in full of record. IN WITNESS WHEREOF, the undersigned has executed this Satisfaction of Lien this )~aYOf~.2002. ". ...' .~ " , " ~ ~ , , CITY OF WINTER SPR!Nq~,\',~~;....r. iI:.~"\. . ",. e .." ':l....r ~",)4 , By: ~~ ,_ - ~~ " ,'; E.o-"'!Xr'\?:J) , Ro . McLen(or;~.tit~anager.~ ',Y -:;' .~ ~ ~ ~~ .~, ~ ':. (Seal)~: -~:~.~~ ";:~'i' ~. /:,,;. ::' " ..-:,)~, - O/?,,[ /~:.J : ". ':~:~"<~:;'t i;;\:~~v/ \;.\\ EXHIBIT "C" 038413\86495\576323\2 ..' -, FILE MUM 2002951005 OR BOOK 04544 PAGE 1699 STATE OF FLORIDA COUNTY OF 5::..~IN~ ~' The foregoing instrument was acknowledged before me this A'-k. day of ~ Qj~~~ .:J..tJO:l. , by Ronald W. McLemore, as City ManageLCiLthe-C1JY OF WINTER SPRINGS, r.... "~,",,~_., _ .i...... .,-'-....,.,"14, on behalf of the said municipality: l!e i~~e~y::.knowtl to me or h~~,"''p:ftduaecj.;''"";,, as Identtficatlo~. , ./' , . ' " ..;.>.-::\ )'L ~11J'7 ,.': 4 l~; " ;.,: I). ",1 : ;/ , :; c.) ~!b.~ ;::"1 : =. N~tary Pubf, at~ orFlorid~ ' ' \-~, ~.' c.iI- ~ .N' :/:J4r Pnnted Name: ~.JtJiJ1\iIAl ~l.~ " , " ; (),: ./ My Commission EXP'e~' , ANDREA lOR~NZ6.0.iJ~~s"(,,'" '\ M't COMMISS10N 11 CC831931' EXi"iHES: May 9, 2003 , , NQTt>P.Y FIR WC;1I:Iy w,,,,:co :;, 8-onding Co. 1-600-3- _ ~~,~:;>.~ 038413\86495\576323\2 ~.. ,.... . FILE NUM 2002951005 OR BOOK 04544 ,PAGE 1700 EXHIBIT "A" 'Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North plus 50 feet West of the NE Comer of Lot 51. Run South 72038'37" West 437.1 feet, thru North 17021 '23" West 190.5 feet, then North 72~38'37" East 493.41 feet, then South 198.65 feet to the point of beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 51 Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public Records of Seminole County, Florida, more particularly described as follows: Begin at a point 25.00 feet North and 50 feet West of the Northeast comer of Lot 51, Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page 9, Public Records of Seminole County, Florida; thence South 72038'37" West for a distance of 8.34 feet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the centerline of Hayes Road as described in O.R. Book 1042, Page 220, Public Records of Seminole County, Florida, for a distance of 186.80 feet; thence South 54007'23" East for a distance of9.99 feet; thence South 00053'23" East along the existing Westerly Right-of-Way line of said Hayes Road for a distance of 178.46 feet to the POINT OF BEGINNING. 038413\86495\576323\2 1.1I111......III....II!....,. IN THE CIRCUlT COURT OF THE EIGHTEEl\'TIf nJDICTAT. ClRCUlT IN ANT> FOR SEMINOLE COUNTY, FI.oRillA D'~ ~F. OF DISCHARGE OF LIS PENDENS COMES NOW P)~ITY OF WINTER SPRINGS, by and through its undersigned attorneys, and hereby diSC~ Lis Pendens filed in this action' and recorded in Official Records Book 4074, Page ISl9 O~bliC Records of Seminole COllnty, Florida with respect to the real and personal property, as d~d on Exhibit "A" attached hereto. The Lis Pendens has no force or effect whatsoever. ~ Case No.: 0 l-CA-970-16 Division K a Florida VS, INC., a Florida I U)S41)\86495~762G8\2 d. Salzman & Weiss, PA 'nson Street, Suite 660 2 Telepho 1) 425-9566 Telecopier: (~42S_9S96 Attorneys for ClTY OF W RLl'-IGS EXHIBIT liB" ~ ~ Q '-'J (I'J N ::;:I. ..., ,.,., en :t !{J ;O~_. :O;~..' ~ '" ~~l.'. l..:> _:-; c. ,... ..... ?:~~ M C'") ~ s:;r.,c. ? ::!: -:t"" ~ nO:: ~- 0::1, ~ r- U1 ~.~r- ./:"' I i i:: o ~ fJI i o "" Q g =4 g ~ ~ f ~ .... m n o c: !j :< (7 2! ~ I ~ ID " I ." G) Cl ! ~ o ~ ~ ~ e g rg ;.; ..., l ~ "" < Q ~ CI. I\~ ~ IN TIlE CIRCUIT COURT OF TIlE ISlll JUDICIAL CIRCUIT, TN Al\'DFOR SEMINOLE COUNTY, fLORIDA o & F FINA1\"CYAL SERVlCES, a genemJ partnership, CASE NO.; 01-CA-2105-14 L Plaintiffs, v. ~ C'") <II ~::r._, ~ .::. ~ ~~;:: ~ '~~g: 0 r- ~, :O:::li:_ ...... g~:::: C'") ~ -1"')0 f> -l:J;: 'r ..., - t') C) ..,., r- c=';;-": w cU),.,.. to) :::J''''~ IfIlMII€ IIDRSE, lUll( IF CIIlaJIT CIlJRT lUJI( 1IF samG..E CCIIfTV BK 04491 PG 1580 FILE NUM 20029247e0 llEIDRIlEIllll14/218e A,ee... PM AEClJlIDINII FEED I,.. REaIRIIO IV L Ml:!Unlty .:\IOTICE [1'; HEREBY GI~tthe Lis Pendens JiJe<! in this 8cHon. and recordl:d on Scptember 25. 2001, in Official Reco~ 4178, P8ge 929, Public R\::cords of Seminole County, Florida i:l hereby released. ~ I I~ERY CERTfFY that a true an Mail tlus day of August, 2002, to: <Jary Kamil Gowni), Lowndes, Drosdick, et aI., P. Orlando, FT. 32802-2809; Kristine Kutz, Attorne 225 E. Robinson St.. Suite 660, Orlando, FL 3280 D. Veou, Jr., Registered Agent, 5049 Hwy 17 South, Mitchell. Esquire (Attorney for Motiva Enterprises, L Officc Box 112, Orlando, FL 32802-01 12; George R. M FL 32757; and UnknoV,11 'l\mant(s), 701 East S.R. 434" RAW!l~ H /!jI~ '-11'; ( A K . REISJN ' ~ FJonwO'!hr-Nu:: 20 Nonh Eolll rJrivc Orlando, FL 32801 Telephone; 407.648.9119 Fac!;imilc: 407.64R.8049 Attomey.q for Plaintiff, 0&1' Financial Services' opY of the foregoing wall furnisht:d by U.S. SQuirt: (Attorney fur Ava Anthony and 450 So. OrlUlgc Avenue, Suite 800, ttomey for City of Winter Springs), & Sons Construction. Inc., c/o Fr8nci~ Cove Springs, f'T. 32U43; James R. K 'R & HOSTETLER, LLP. Post 19 Shoemaker Lane, Mt. Our.!., rings, FL 32708, -- .~ ....' ---- .1.1..~..'..I....I.lml.1 /}'/ ' t-'1 , /}.... tf/L.- . Cr- r-I TIIE CIRCUIT COl:RT OF THE igi'H JUDICIAL CIRCUIT. IN AND FOR SEMTNOLF. COUNTY, FLORIDA CASE NO.: OI-CA-2105-14 L D & F FIN NCIAL SERVICES, u general pa c:rahip, inti tf.~, \'. o ~ 0 C") -<(I) N ::;;:3: ,., :DO :;u,..:::! 3: c= :s:.::o ,.. :r: en ~~S 0 N r -oJ %%- l"1 n:z: :z; n !i: Sf'll:) P -:3:"" oQ::! ..., 0::0(") r- -. ern"" c::l~ N ;:orn p' en -t SSAL PlaintifT, D&F FINANCIAL S S. a Florida corporation, by and through its undersigned counsel, hereby files this Not 'oluntary Dbmissal of any claims in the above- IlMYAHHE IIORSE, CLERK 1If CIRCUIT COIllT CLERK IF !lEltIHOlE COtJIIT\' Bt< 0-41505 P6 101e FILE NUM 2O~93eOO9 REIORDED oaiJOI2OOe 06le7:~ M REtORIlIN6 FEES 0.00 RECORDED IY J EcklRroth slyled matter against all Defendants. This dis ~Pr.led with the express reservation of PI,;,niff', right '0 p"""" ,iI ",m"ni.g bal,.", ~ '",,"0 =".."i1,t"a1i"Hon Agrccmcnts which Plaintiff is simultaneously PurSUl~ forec1osmc action filed in Lake Count)' and styled as D&F Financial Sen.jces v. Man.m~OU/lf Dora, ef aJ, Lake County Circuit Court Case No.: 2001-CA-3399,. ~ ~ ~ .,...................... ~~ c.tl