Saffold, Robert - Lot 1, Block 24, City of Okeechobee FILE NUM 20120044136
OR BK 00714 PG 0907
SHARON ROBERTSON, CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY, FLORIDA
RECORDED 05/01/2012 09:52:57 AM
RECORDING FEES $35.50
CLAIM OF LIEN RECORDED BY M P i non
Pgs 0907 - 910; {flags}
STATE OF FLORIDA
COUNTY OF Okeechobee
BEFORE ME, the undersigned notary public, personally appeared Fred Sterling
who being duly sworn and says that he is the Code Enforcement Officer , of the City of
Okeechobee, Lienor, whose address is 55 SE 3`d Avenue, Okeechobee. FL 34974 , and that in
accordance with City Ordinance Chapter 30 Sec 30-43(c)Public nuisances , Lienor furnished
labor, services or materials on the following described real property in Okeechobee County,
Florida:
1109 NW 9`i' Avenue, City of Okeechobee, Lot 1 Block 24, Parcel ID#3-15-37-35-0010-00240-
0010
owned by Robert Saffold for a total value of$2,259.73
of which there remains unpaid $ 2,259.73 and furnished the first of the items on
February 15 , 2012 and the last of the items on February 20 , 2012, in
accordance with Demolition/Clean up Agreement dated October 3, 2011.
CITY OF OKEECHOBEE:
By: r
Fred terling, Code Enfor m t Officer
SWORN TO AND SUBSCRIBED BEFORE ME, by 4Ye d ✓ nq , who
is ersonally known o me or produced as identification,
this 1—day of _201,-1•
pa&:q , &0
11Q
Notary Public; Sta&of Florida
My Commission Expires:
A*" s� Notary Public State of Florida
Patty M Burnette
�c My commission D0827982
'���d Expires 10!02/2012
DEMOLITION/CLEAN-UP AGREEMENT
THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE, FLORIDA,
(hereinafter"CITY")and Robert Saffold, (hereinafter"OWNER"), dated this3rd day
of October. 2011, enter into this agreement pertaining to the clean up of owners real
property, that may include demolition of structures, upon the following:
WHEREAS,the OWNER or authorized representative owns or controls real property within
the City of Okeechobee, that may or may not include improvements and structure
thereon, that are subject to certain City Codes and Ordinances, including but not
limited to the following section:
Section 30-43. PUBLIC NUISANCE.
The structure located on the parcel is a public nuisance by reason of being
abandoned, unsafe, and in non-compliance with building codes, and is hazardous
to public safety, health or welfare; that it diminishes the economic welfare of
adjoining parcels and neighborhood; that its condition promotes infestation of
rodents or vermin.
WHEREAS, the CITY performs code compliance and violations thereof to Chapter 162,
Florida Statutes, which permit the CITY to cite, violate and fine OWNER of real
property, including the authority to require demolition of structures, or general clean
up of real property; and
WHEREAS, the OWNER named herein has been cited for code violation, or is on notice
that a code violation exists on the real property, that would constitute a public
nuisance as set forth in Section 30 of the Code of Ordinances, and lacks the means
or ability to come into compliance with the codes; and
WHEREAS, the CITY and the OWNER have agreed to enter into this agreement whereby
the CITY would be permitted to enter upon the property to effect such measures as
necessary to get the real property into compliance with City Codes, with the
understanding that the cost thereof would be ultimately be born by the OWNER.
NOW, THEREFORE, upon these mutual considerations between the parties, it is hereby
agreed that:
1. REAL PROPERTY. The real property of OWNER subject to this agreement
is described as follows:
Parcel ID No. 3-15-37-35-0010-00240-0010
Legal Description: Lot 1 Block 24, City of Okeechobee
2. OWNER. The OWNER or authorized representative of this real property
is: Robert Saffold, of 608 Bowman Avenue, Sebring, FL 33870
Address of Property: 1109 NW 91" Avenue, Okeechobee, Florida, 34972
3. NATURE OF VIOLATION. The specific violation of City Ordinance or
Codes as to this real property is: Public Nuisance _qe? -
4. There is a pending code violation against this real property in Case No. NIA
or, if no case number, there is no active case, but OWNER is on notice of
this violation from the City Code Enforcement Staff.
5. If applicable, the pending code violation case is concluded, and the OWNER
is subject to an accrued total fine of$ N/A ; OR, there is a running fine
against the real property from (date) N/A at the rate of$ N/A per day.
6. THAT the OWNER of real property, in order to obtain compliance with City
Code or Ordinance herein grants to the CITY, the authority to enter upon the
real property to effect such demolition or clean-up as will bring this real
property into compliance with City Codes.
7. THAT in granting this authority, OWNER understands and agrees that the
CITY is an Independent Contractor, and shall effect the code compliance at
a time, and manner, of its own choosing; including the manpower to be used,
the equipment to be used, the methods used, the manner of disposal of
debris, and any other discretionary means available to the CITY.
8. THAT this agreement (does), (does not) include demolition of structures; if
demolition is included, OWNER authorizes complete demolition and removal
of debris of the structure(s), either by manual removal or in a fire training
event through the Fire Department, and holds the CITY harmless from any
claim, demand, suit, or other complaint as to OWNER loss of the
structure(s).
9. THAT the OWNER further releases and holds harmless the CITY from any
and all claim, demand, suit, or other action that OWNER may possess for the
end result of the demolition or clean-up, including but not limited to what
structures, junk, debris, vegetation, improvements or other items on the
property were removed, damaged, or destroyed by the CITY.
10. THAT the OWNER represents to the CITY that there exists no active electric,
telephone, gas or cable services connected to the real property, and agrees
to survey the property with the CITY prior to these services to determine if
there exists any hidden or unknown hazards on the property
11. THAT the OWNER understands and agrees that the precise cost associated
with this work by the CITY cannot be determined in advance, and without
limiting such costs, and solely for purposes of an estimate, the CITY
estimates the cost of this service should not exceed $ Y, Qw(—"' ; however,
OWNER further understands and agrees that at the conclusion of the
demolition or clean-up, the CITY shall prepare a lien, to be placed in the
public records against the OWNER and this real property, in the total cost of
the demolition, clean-up, debris removal, previously accrued fines and liens
against the real property. These costs may include reasonable equipment,
supplies, and material expense, and cost of labor.
12. THAT by execution of this agreement, OWNER agrees and stipulated to the
entry of this lien against real property without further claim or demand,
without further notice, without further Code Board Hearings, and without
further action by the OWNER. The OWNER understands this lien may
continue as provided in Chapter 162 Florida Statutes for up to twenty years,
and may be collected in any lawful manner, including all remedies as set out
in Florida Statutes 162; may be paid in full by OWNER; or may be collected
when OWNER sells the real property as a lien against the property.
13. THAT by entering into this agreement, the CITY does not release OWNER,
or waive any remedy available to the CITY by ordinance or state law, to
cause compliance at the real property with all such ordinances and statutes,
and reserves the right and ability to use such remedies at any time hereafter.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the aforesaid
date.
Si e , sealed and delivered in presence of:
�'&-2 A 6 k--&-_&'_ -
/j1'4
ignature of P operty Owner Signature of Property Owner
Ro(-,(--C+C' i`�� A 'k 1A
Printed Name of Property Owner Printed Name of Property Owner
STATE OF FLORIDA
COUNTY OF
The f regoing instrument v as acknowledged before me this Jd day of �C_-AhP" , 2011,
by o1r��-f (�, �5�+ {2M rd wand who produced
as identification or isr`sonally known�
Not 4 Public Signature
(seal) �� -r-
u 'c-c .Vt E ur r1,0FJDA Name of Notary typed, printed or stamped
.elasa M. Jahner
C,,nrni ssion#DD908503
MAR.09,2013 Commission No. 0 11 �
t ,\nomTHltl' -IiAN k:BONDMGCO.,INC.
ACCEPTED FOR THE CITY:
r
Brian "ite a l ity Off' ial Jamie Gamiotea, Chairperson
REVIEWED FOR L GAL SUFFICIENCY:
1
John R. Cook, City Attorney 17e�_r6SWiTtRlFire Chief
Code Compliance Senior Officer