Loading...
Saffold, Robert - Lot 2, Block 24, City of OkeechobeeCA AIM OF LIEN STATE OF FLORIDA COUNTY OF Okeechobee HmRON ROBERTSON E ECHOP. L COUNTY C O R D E D CORDED 05/01/.J. 1 CORDING VETS ' rioon LERK 01 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 3rd 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: 905 NW 12th Street, City of Okeechobee, Lot 2 Block 24, Parcel ID# 3- 15- 37 -35- 0010 - 00240- 0020 owned by Robert Saffold for a total value of $ 879.39 of which there remains unpaid $ 879.39 and furnished the first of the items on February 21 , 2012 and the last of the items on February 22 , 2012 , in accordance with Demolition/Clean up Agreement dated October 3, 2011. CITY OF OKEECHOBEE: Sterling, ode Enforce ' ent Officer SWORN TO AND SUBSCRIBED BEFORE ME, by e -v I +0 , who is ileysonallylvroto me or produced as i ' - ntification, this I S F day of ma- 20_ I (ITN in trLdlt Notary Public; State of Florida My Commission Expires: r ....".",,„,,,,Nes,es„,,,„,0,,„,,,,",„ , "ae, Noiary Pubic Syai r 31 ;-iu,,u,, ro Patty M Burnette _, Z My Commission DUA ?? 82 sno4. Expres 10/02/2012 'POKY 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 -0020 Legal Description: Lot 2 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: 905 NW 12 Street, Okeechobee, Florida, 34972 3. NATURE OF VIOLATION. The specific violation of City Ordinance or Codes as to this real property is: Public Nuisance 90 -34.3 There is a pending code violation against this real property in Case No. N/A 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 i 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 $ %, oc'i "-'; 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. Sigr,d, sealed and delivered in presence of: /y(i al�/ V` ;c// Signature of Property Owner Signature of Property Owner d Printed Name of Property Owner Printed Name of'Property Owner STATE OF FLORI A COUNTY OF Ore -e I/, (,/j The foregoing instrument was acknowledged before me this day of /'( L %�r,66, , 2011, J r by rk ', {r ^s:�(" ; and who produced as identification or is pronally known: (seal) NOTARY PU :.' ; I i'E aF FLORIDA ;r•• elisa M. Jahner r �' J�, � ' Commission #DD9085O3 Commission No. L Notary(Public Signature p 1tff(' / 12i Name of Notary typed, printed or stamped ,, ,,,,••` Expires. MAR. 09, 2013 GtONDED THR! ATI A" :TIC BONDING CQ, LNC. ACCEPTED FOR THE CITY Brian Wh City Of icial REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 2 Herb mith, Fire Chief Code Compliance Senior Officer