The URL can be used to link to this page

Spirit CV Okeechobee FL LLC - Case #17-039 - SatisfiedOfficial Records File#2020009858 Page(sy l Sharon Robertson Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 10/13/2020 11:45 AM Fees: RECORDING $10.00 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Twenty -Four Thousand Five Hundred Fifty Dollars & 00/100($24,550.00) filed by and on behalf of the Code Enforcement Board, Okeechobee, Florida, on February 13, 2018 , and recorded in Book 805, Page 1230, of the public records of Okeechobee County, Florida against the following described real property: Case: Case: 17-039 Name: Spirit CV Okeechobee LLC Address: 106 North Parrott Avenue Lot: 1,2,3&6 Blk: 154 Section: City of Okeechobee Parcel: 3-15-37-3 5-0010-01540- 0010 has been satisfied by payment in full of $ Twelve Thousand Two Hundred Seventy-five Dollars & 00/100 , on September 30 , 2020 , in that said payment has been received by the City of Okeechobee, and that the undersigned is authorized to and does hereby release its lien as to the whole of the above described real property, and consents that the same be discharged of record. CODE ENFORCEME SPECIAL MAGISTRATE OF E CITY OF OKEECHOBEE, ORIDAi'/ Chairperson 0 ru "o'D 0 C;� Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY, appeared before me the undersigned authority, Roger Azcona , and Melissa Close , well known to me and known by me to be the Special Magistrate and Recording Secretary, respectively, for the CITY OF OKEECHOBEE CODE ENFORCEMENT. The Foregoing instrument was acknowledged before me by physical presence or online notarization, this 6th day of, October , Year 2020 -- pp SWORN TO AND SUBSCRIBED before me this 13�day of 00-- p L-' .20 2LO Otary Pufilic �-W N otary Public State of Florida M Commission EX Nancy Sue Christopher y I� ,pt My Commission GG 969799 �a mod* Expires 04/13/2024 Please return to: City of Okeechobee, 55 SE 3`dAvenue, Okeechobee, FL 34974 CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, SPIRIT CV OKEECHOBEE FL LLC / LIEN / ORDER CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 17-039 I Illfll IllII llllf I!I!! full Ilifl III! Illi FILE NUM 2018004876 OR BK. 805 PG 1230 SHARON ROBERTSON? CLERK & COMPTROLLER OKEECHOBEE COUNTY? FLORIDA RECORDED 04/11/2018 10:16:25 AM RECORDING FEES $18.5U RECORDED BY S Creech Pss 1230 - 1231; (2 P9s) THIS CAUSE came before the Code Enforcement Board, City of Okeechobee, for public hearing on February 13 , 20 18 . After due notice to the respondent, the Board having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 1, 2, 3 & 6 Blk: 154 Section: City of Okeechobee Parcel: 3-15-37-35-0010-01540-0010 Property location: 106 N. Parrott Avenue, Okeechobee, FL Property owner: Spirit CV Okeechobee FL LLC Property has been found to have dead trees/vegetation, debris/trash and ground cover that needs to be replaced. A plan for cleaning property and landscape improvements must be submitted to the City within twenty-five days. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chapter 30 Sec 30-43 Public nuisance, Sec 30-44 General cleaning and Chapter 90 Sec 90-531 General Landscaping C. ORDER: The City of Okeechobee Code Enforcement Board has determined you have violated the Code of Ordinances, Ch 30 Sec 30-43 Public nuisance, Sec 30-44 General cleaning and Ch 90 Sec 90-531 General Landscaping concerning your property located at 106 N.Parrot Avenue, Okeechobee, FL . If you do not contact the City within twenty-five days with a time table specifying when the landscapiny, issues listed above will be corrected , or notify the Code Enforcement Officer of the correction the Board imposes a fine of $50.00— per day commenciniz that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. �L AGREED AND ORDERED this day of , 2018 . CITY OF OKEECHOBEE, Petitioner Spirit CV Okeechobee FL LLC Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida irperson ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling_ and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me this day of ,20 K-ft,&q" NOTARY PUBLIC My Commission expires: 41.j a5, a o ac) =�ti�cv ru¢�c 101+1 iMNE8 WWMWM.FFGM$, ol►IREa: ApA A M bn*d Tin WW Noy So l� Please return to: City of Okeechobee Code Enforcement 55 SE 3`d Avenue Okeechobee, FL 34974 (863)357-1971 Case # 1-1 _ D-59 Property Owner Spirit CV Okeechobee FL LLC , CVS Okeechobee Address %CVS #3237-01/OCC EXP Dept, 1 CVS Drive, Woodstock, RI 028956146 First Inspected December 7, 2017 Violations Noticed 2-Unteneded Vegetation, 3-General Cleaning and Beautification and 4- Public Nuisance Date photos Taken None Courtesy Card No SOV and NOH Mailed Certified Return Receipt on December 7, 2017 signed and returned on December 1, 2017 Posted Property Special Magistrate and Fine Amount Code Board Order Dated February 12, 2018 Lien Order Filed at the Okeechobee Court House on April 11, 2018 Final Inspection Fine Started & Ended March 19, 2018 thru July 22, 2019 AA,L)LW-CL.5- censn'iccoq fr.�~ (2ob�nSo-K .ury, Chronology Report — CVS Case #17-039 Date Event/Document December 7, 2017 Spirit CV Okeechobee FL LLC — CVS 106 North Parrot Ave, Okeechobee, FI. Was found to be in violation of 2-Untended Vegetation, 3-Genarl Cleaning and Beautification and 4-Public Nuisance Need to mow property, trim shrubbery and remove yard debris and trash. They also had to plant new vegetation on the property. November 24, 2017 Code Officer Sterling received a Public complaint regarding the CVS in Okeechobee December 7, 2017 Notice of Violation and Notice of Hearing was mailed out on December 7, 2017 Certified Return Receipt mail and returned on?? Can't make out the name. The City Code Ordinances were also sent to CVS January 24, 2018 A second Notice of Violation and Notice of Hearing was mailed out Certified Return Receipt giving the property to come into compliance by February 1, 2018. The green card was returned on January 29, 2018, Signature illegible February 13, 2018 The code board found CVS to be in violation and requested the Code Enforcement Officer to send a copy of the Land Development Regulations for this location and allowing 25 days from receipt of proper notification to present a proposed landscaping plan to the City. If the company did not contact the City within this time frame a fine of $50.00 a day was imposed. February 19, 2018 A copy of the Board Order was hand delivered and signed by Jenny Wise --- illegible. A copy was also mailed Certified Return Receipt on February 16, 2018 and the green card was returned on February 20, 2018 signature is illegible. April 11, 2018 The Lien/Order was file at the Okeechobee Court House August 2, 2018 City Attorney John Cook sent a letter to CVS regarding code liens. Stating that the Code Board found CVS in violation and imposed a fine of $50.00 a day until the property came into compliance. The fine had accrued to $6,850.00 to date. This letter was sent out Certified mail and returned on August 6, 2018 signed by illegible. August 6, 2018 A copy of the letter was also hand delivered to the store by Code Officer Sterling and signed by Jenny Wise---- illegible August 30, 2018 A letter of intent for foreclosure due to fines accruing for over 90 days was mailed Certified Return Receipt on August 30, 2018 and the green card was returned on September 4, 2018 illegible again. A copy was also hand delivered to the store signed by Nancy Donnelly Chronology Report - CVS Case #11-039 June 18, 2019 Nancy N. Nicole requested by email all documents related to this case. Officer Sterling emailed all requested documents to Paralegal Nancy Nicole the same day. June 24, 2019 Nancy N. Nicole emailed Officer Sterling and requested a Lien Reduction form. This form was emailed back on June 25, 2019. To date we have not received the request of reduction form and have heard nothing for the company or its representatives. October 30, 2019 A collection letter was sent to Spirit CV Okeechobee FL LLC for the amount due of $24,550.00 for the fine of $50.00 a day that ran from March 19, 2018 thru July 22, 2019. This was sent out Certified Return Receipt on October 21, 2019 and retuned on November 4, 2019 singed illegible �Wu lob-cce N () i C) k2 D 9 cad R ob ,% n 5m , cbyn Melissa Close From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Tuesday, October 13, 2020 12:26 PM To: Melissa Close Cc: Jenny Sica; Gary Resnick Subject: RE: CVS (our matter # 132) Okeechobee Hello, Melissa: Thank you very much for providing an email copy. Please mail this to: Gary I. Resnick, Esq. GrayRobinson, P.A. 401 East Las Olas Blvd. Suite 1000 Fort Lauderdale, Florida 33301 Thanks again for all your assistance with this. Have a great day. Jenny Sica Jenny Sica �954-761-8111 Assistant to Gary Resnick and Rebecca 1�54-761-8112 x Rodriguez xu F �= www.gray-robinson.com GrayRobinson, P.A. , 401 East Las Olas Blvd., Suite 1000, Fort Lauderdale, Florida 33301 From: Melissa Close <mclose @cityofokeechobee.com> Sent: Tuesday, October 13, 2020 12:20 PM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS (our matter # 132) Okeechobee This message originated outside of GrayRobinson. Jenny, Here is a copy of the Satisfaction. I will mail a hard copy also with the receipt. Were would you like it mailed to? Thank you, Melissa Close City of Okeechobee 1 Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 i r' NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Tuesday, October 6, 2020 9:07 AM To: Melissa Close <mclose@cityofokeechobee.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com> Subject: RE: CVS (our matter # 132) Okeechobee Perfect! Thank you very much for confirming. Have a nice day. .jenny Sica 954-761-8111 Assistant to Gary Resnick and Rebecca �54-761-8112 Rodriguez 21 =_ Z 4121 www.gray-robinson.com P 4_4 GrayRobinson, P.A. • 401 East Las Olas Blvd., Suite 1000, Fort Lauderdale, Florida 33301 From: Melissa Close <mclose@cityofokeechobee.com> Sent: Tuesday, October 6, 2020 9:02 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS (our matter # 132) Okeechobee This message originated outside of GrayRobinson. Yes Ma'am we received the check From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Monday, October 5, 2020 4:25 PM To: Melissa Close <mclose@citvofokeechobee.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com>; Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS (our matter # 132) Okeechobee Good Afternoon, Melissa: When you have a moment, please advise if check was received from your end. Hope to hear from you soon. Thank you, Jenny Sica Jenny Sica E�54-761-8111 Assistant to Gary Resnick and Rebecca �54-761-8112 Rodriguez :- 0 _ = www.gray-robinson.com GrayRobinson, P.A. • 401 East Las Olas Blvd., Suite 1000, Fort Lauderdale, Florida 33301 From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Tuesday, September 29, 2020 1:27 PM To:'Melissa Close' <mclose@citvofokeechobee.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com> Subject: RE: CVS Okeechobee Good Afternoon, Melissa: We were advised by CVS that they sent out the check last Thursday. Your offices should be receiving it soon. If you have any further questions or need anything else, please advise. Thanks, Jenny Sica Jenny Sica E�;454-761-8111 Assistant to Gary Resnick and Rebecca �54-761-8112 Rodriguez F-1 �J-� E 141- Z www.gray-robinson.com GrayRobinson, P.A. • 401 East Las Olas Blvd., Suite 1000, Fort Lauderdale, Florida 33301 From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Tuesday, September 29, 2020 10:14 AM To:'Melissa Close' <mclose@cityofokeechobee.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com>; Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee Good Morning, Melissa: Thank you for following up. We understand that CVS has until October 161h to make this payment, we will follow up with CVS and circle back. Thank you, Jenny Sica From: Melissa Close <mclose@cityofokeechobee.com> Sent: Tuesday, September 29, 2020 8:28 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, We still have not received payment for the CVS in Okeechobee. I am getting calls from the City Council daily. I need to know when we will be receiving the payment so I can do the satisfaction of lien. I left you a message on your voicemail yesterday. Please advise. Remember the check need to be mad out to the City of Okeechobee and sent to us at 50 SE 2"d Ave, Attention: Code Enforcement. Please put the case number in the memo as well. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.SicaPgray-robinson.com> Sent: Friday, September 18, 2020 9:14 AM To: Melissa Close <mclose @cityofokeechobee.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com> Subject: RE: CVS Okeechobee Good Morning, Melissa: Thank you for the information below, we will circle back soon. Thanks, Jenny Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez GRAYIROBINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 I F: 954-761-8112 E-mail I Website I vCard Facebook I LinkedIn I Twitter From: Melissa Close <mclose@cityofokeechobee.com> Sent: Friday, September 18, 2020 7:56 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, I was just wondering when we could expect the payment from CVS? I also wanted to make sure you send the Check to us at the Code Enforcement, City of Okeechobee Police Department — Code Enforcement 50 SE 2"d Ave. Okeechobee, Florida 34974. Please make the check out to the City of Okeechobee and put the case number in the memo. They only have till the 16th of October to get this payment made. Please advise?? Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Monday, September 14, 2020 12:26 PM To: Melissa Close <mclose@citvofokeechobee.com> Subject: RE: CVS Okeechobee Received. Thanks so much. Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez GRAYI ROBINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 I F: 954-761-8112 E-mail I Website I vCard Facebook I LinkedIn I Twitter From: Melissa Close <mclose@citvofokeechobee.com> Sent: Monday, September 14, 2020 10:47 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, It is item B and I included the signed page, let me know if you need the whole minute packet from that meeting. Remember you have 60 days from that date which is October 16, 2020 to make the payment. If any other questions please feel free to contact me. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 t: NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.Sica@gray-robinson.comrobinson.com> Sent: Monday, September 14, 2020 10:22 AM To: Melissa Close <mclose@cityofokeechobee.com> Cc: Jenny Sica<Jenny.SicaJenny.Sica@�ray-robinson.comrobinson.com> Subject: RE: CVS Okeechobee Good Morning, Ms. Close: Can you please email the Final Order/Stipulation for this Case # 17-039, we never received it. Hope to hear from you soon. Thanks, Jenny Sica Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez GRAYI ROBINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 I F: 954-761-8112 E-mail I Website I vCard Facebook I LinkedIn I Twitter For the latest updates on COVID-19, visit GrayRobinson's COVID-19 Task Force. This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. From: Melissa Close <mclose@citvofokeechobee.com> Sent: Wednesday, August 19, 2020 10:13 AM To: Gary Resnick <Gary.Resnick@gray-robinson.com> Subject: CVS Okeechobee This message originated outside of GrayRobinson. Mr. Gary, I am emailing you today regarding the settlement with the City of Okeechobee and CVS. You can send the payment to the following: Make check or money order out to the City of Okeechobee 50 SE 2"d Avenue, Okeechobee, Florida 34974 Please reference the case number in the memo —Case 17-039 Once I receive the payment I will do a Satisfaction of Lien and file it at the court house, I will then send you a copy and a receipt for payment. If any questions please feel free to contact me at the below numbers or email. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 217 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Sharon Robertson Clerk of the Circuit Court & Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019079252 Receipt # 2020007289 Print Date: 10/13/2020 11:48:35AM Cashier Date: October 13, 2020 Client: CITY OF OKEECHOBEE 8 Items LIEN Instrument Number: 2020009852 RECORDING FEES $9.00 BOCC FACC FEE $4.00 $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009853 RECORDING FEES BOCC $9.00 4.00 _ rjIUC' �P� �� J5 �4r) in 5 FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009854 RECORDING FEES $9.00 BOCC $4.00 1 ) t FACC FEE $0.20A2o�� TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009855 RECORDING FEES $9.00BOCC $4.00 1 Jb '�{r1 i% e 6-eer»Cn FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009856 RECORDING FEES $9.00 BOCC $4.00 FACC FEE $0.20 u(,�(�1i, ,Y bE?41 Sc. h Oc i- TRUST FUND FEE $1.50 J COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009857 RECORDING FEES $9.00 BOCC 4.00 b0C,5 FACC FEE $0.20 TM MST FIINn FEE $1.50 COURT RELATED PRMT $3.80 SATISFACTION Instrument Number: 2020009858 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT SATISFACTION Instrument Number: 2020009859 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT CHECK/CASHIERS CHECK AMOUNT: $129.50 # 042164 CASH AMOUNT: $2.00 CHANGE: $0.50 Total Payments Total Fees 5.00 2.00 ram' $0.10 E> 1.90 5.00 2.00 010 1.00�1� 1.90 $131.00 $131.00 Shortage $0.00 Check Overage $0.00 Rec By: Madalyn Pinon Deputy Clerk www.clerk.co.okeechobee.f1.us/Official Records.htm S p►ri - CV Leh P(.e_. J.J. Smith From: Melissa Close Sent: Tuesday, September 29, 2020 1:30 PM To: J.J. Smith; Bobbie Jenkins; Lane Gamiotea Cc: Robert Peterson; Marcos Montes De Oca Subject: FW: CVS Okeechobee From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Tuesday, September 29, 2020 1:27 PM To: Melissa Close <mclose @cityofokeechobee.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com> Subject: RE: CVS Okeechobee Good Afternoon, Melissa: We were advised by CVS that they sent out the check last Thursday. Your offices should be receiving it soon. If you have any further questions or need anything else, please advise. Thanks, Jenny Sica Jenny Sica T 954-761-8111 Assistant to Gary Resnick and Rebecca F 954-761-8112 RodriguezlI) www.gray-robinson.com 0� IU GrayRobinson, P.A.. 401 East Las Olas Blvd., Suite 1000, Fort Lauderdale, Florida 33301 1 \A ROB 11 M S L! N A770RNEYS I LOBBYISTS I CONSULTANTS From: Jenny Sica <Jenny.SicaC@gray-robinson.com> Sent: Tuesday, September 29, 2020 10:14 AM To: 'Melissa Close' <mclosePcityofokeechobee.com> Cc: Gary Resnick <Gary.Resnicl<@)gray-robinson.com>; Jenny Sica <Jennv.SicaC@gray-robinson.com> Subject: RE: CVS Okeechobee Good Morning, Melissa: 1 r Thank you for following up. We understand that CVS has until October 16th to make this payment, we will follow up with CVS and circle back. Thank you, Jenny Sica From: Melissa Close <mclose @cityofokeechobee.com> Sent: Tuesday, September 29, 2020 8:28 AM To: Jenny Sica <Jenny.Sica gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, We still have not received payment for the CVS in Okeechobee. I am getting calls from the City Council daily. I need to know when we will be receiving the payment so I can do the satisfaction of lien. I left you a message on your voicemail yesterday. Please advise. Remember the check need to be mad out to the City of Okeechobee and sent to us at 50 SE 2"d Ave, Attention: Code Enforcement. Please put the case number in the memo as well. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.Sica gray-robinson.com> Sent: Friday, September 18, 2020 9:14 AM To: Melissa Close <mclose@citvofokeechobee.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com> Subject: RE: CVS Okeechobee Good Morning, Melissa: Thank you for the information below, we will circle back soon. Thanks, Jenny 2 Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez GRAYIROBINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8i1i F: 954-761-8112 E-mail I Website vCard Facebook I LinkedIn I Twitter From: Melissa Close <mdose@cityofokeechobee. com> Sent: Friday, September 18, 2020 7:56 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, I was just wondering when we could expect the payment from CVS? I also wanted to make sure you send the Check to us at the Code Enforcement, City of Okeechobee Police Department — Code Enforcement 50 SE 2"d Ave. Okeechobee, Florida 34974. Please make the check out to the City of Okeechobee and put the case number in the memo. They only have till the 16th of October to get this payment made. Please advise?? Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 .Ml NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Monday, September 14, 2020 12:26 PM To: Melissa Close <mclose @cityofokeechobee.com> Subject: RE: CVS Okeechobee Received. Thanks so much. Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez GRAYIROBINSON 401 East Las Olas Blvd., Suite l000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 I F: 954-761-8112 E-mail I Website I vCard Facebook I LinkedIn I Twitter From: Melissa Close <mclose @cityofokeechobee.com> Sent: Monday, September 14, 2020 10:47 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, It is item B and I included the signed page, let me know if you need the whole minute packet from that meeting. Remember you have 60 days from that date which is October 16, 2020 to make the payment. If any other questions please feel free to contact me. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Je_n_ny.Sica@gray-robinson.com> Sent: Monday, September 14, 2020 10:22 AM To: Melissa Close <mclose(@cityofokeechobee.com> Cc: Jenny Sica <Jenny.Sica@)gray-robinson.com> Subject: RE: CVS Okeechobee Good Morning, Ms. Close: Can you please email the Final Order/Stipulation for this Case # 17-039, we never received it. Hope to hear from you soon. Thanks, Jenny Sica Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez 4 GRAYS ROBINSON 401 East Las Olas Blvd., Suite l000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 F: 954-761-8112 E-mail I Website vCard Facebook I LinkedIn I Twitter For the latest updates on COVID-19, visit GrayRobinson's COVID-19 Task Force. This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. From: Melissa Close <mclose@cityofokeechobee.com> Sent: Wednesday, August 19, 2020 10:13 AM To: Gary Resnick <Gary.Resnicl<@gray-robinson.com> Subject: CVS Okeechobee This message originated outside of GrayRobinson. Mr. Gary, I am emailing you today regarding the settlement with the City of Okeechobee and CVS. You can send the payment to the following: Make check or money order out to the City of Okeechobee 50 SE 2"d Avenue, Okeechobee, Florida 34974 Please reference the case number in the memo — Case 17-039 Once I receive the payment I will do a Satisfaction of Lien and file it at the court house, I will then send you a copy and a receipt for payment. If any questions please feel free to contact me at the below numbers or email. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. J.J. Smith From: Melissa Close Sent: Monday, September 28, 2020 12:35 PM To: J.J. Smith Subject: RE: Spirit CV #17-039 Satisfaction Still no payment as of today. I will give them a call. From: J.J. Smith <jsmith@cityofokeechobee.com> Sent: Monday, September 28, 2020 12:33 PM To: Melissa Close <mclose@cityofokeechobee.com> Cc: Bobbie Jenkins <bjenkins@cityofokeechobee.com> Subject: Spirit CV #17-039 Satisfaction Good Afternoon Melissa, Just checking in on the status of the Satisfaction of Lien for CVS/Spirit CV (Case #17-039). 1 know as of 9/21 you said you were still waiting on payment. Any luck? Thanks! J.J. Smith Administrative Secretary City Clerk's Office City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9815 Direct: (863) 763-9815 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. J.J. Smith From: Bobbie Jenkins Sent: Monday, September 21, 2020 9:42 AM To: J.J. Smith Subject: FW: CVS Okeechobee Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Melissa Close <mclose@cityofokeechobee.com> Sent: Monday, September 21, 2020 8:28 AM To: Bobbie Jenkins <bjenkins@cityofokeechobee.com>; Lane Gamiotea <Igamiotea@cityofokeechobee.com> Subject: FW: CVS Okeechobee From: Gary Resnick <Gary.Resnicl<@gray-robinson.com> Sent: Friday, September 18, 2020 9:26 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Cc: Melissa Close <mclose@cityofokeechobee.com> Subject: Re: CVS Okeechobee Thank you. I will follow upon payment. Gary Sent from my Whone. Please excuse abbreviations and typos. Gary Resnick I Shareholder GRAYI ROBINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 I F: 954-761-8112 E-mail I Website I Bio I vCard Facebook I LinkedIn I Twitter On Sep 18, 2020, at 9:14 AM, Jenny Sica <Jennv.Sica@gray-robinson.com> wrote: Good Morning, Melissa: Thank you for the information below, we will circle back soon. Thanks, Jenny From: Melissa Close <mclose@citvofokeechobee.com> Sent: Friday, September 18, 2020 7:56 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, I was just wondering when we could expect the payment from CVS? I also wanted to make sure you send the Check to us at the Code Enforcement, City of Okeechobee Police Department — Code Enforcement 50 SE 2nd Ave. Okeechobee, Florida 34974. Please make the check out to the City of Okeechobee and put the case number in the memo. They only have till the 16th of October to get this payment made. Please advise?? Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 4 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Monday, September 14, 2020 12:26 PM To: Melissa Close <mclose@dtvofokeechobee.com> Subject: RE: CVS Okeechobee Received. Thanks so much. Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez GRAYS ROSINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 F: 954-761-8112 E-mail I Website vCard Facebook I LinkedIn I Twitter From: Melissa Close <mclose @cityofokeechobee.com> Sent: Monday, September 14, 2020 10:47 AM To: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee This message originated outside of GrayRobinson. Jenny, It is item B and I included the signed page, let me know if you need the whole minute packet from that meeting. Remember you have 60 days from that date which is October 16, 2020 to make the payment. If any other questions please feel free to contact me. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 M� fFF a � NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Jenny Sica <Jenny.Sica@gray-robinson.com> Sent: Monday, September 14, 2020 10:22 AM To: Melissa Close <mdose@cityofol<eechobee.com> Cc: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS Okeechobee Good Morning, Ms. Close: Can you please email the Final Order/Stipulation for this Case # 17-039, we never received it. Hope to hear from you soon. Thanks, Jenny Sica Jenny Sica I Assistant to Gary Resnick and Rebecca Rodriguez GRAYIROBINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8ll1 I F: 954-761-8112 E-mail I Website I vCard Facebook I LinkedIn I Twitter For the latest updates on COVID-19, visit GrayRobinson's COVID-19 Task Force. This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or parry, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. From: Melissa Close <mclose @cityofokeechobee. com> Sent: Wednesday, August 19, 2020 10:13 AM To: Gary Resnick<Gary.Resnick@gray-robinson.com> Subject: CVS Okeechobee This message originated outside of GrayRobinson. Mr. Gary, I am emailing you today regarding the settlement with the City of Okeechobee and CVS. You can send the payment to the following: Make check or money order out to the City of Okeechobee 50 SE 2rd Avenue, Okeechobee, Florida 34974 Please reference the case number in the memo — Case 17-039 Once I receive the payment I will do a Satisfaction of Lien and file it at the court house, I will then send you a copy and a receipt for payment. If any questions please feel free to contact me at the below numbers or email. Thank you, Melissa Close City of Okeechobee Code Enforcement J.J. Smith From: Bobbie Jenkins Sent: Monday, September 21, 2020 9:42 AM To: J.J. Smith Subject: FW: CVS Reduction Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9814 Direct: (863) 763-9814 Fax: (863) 763-1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Melissa Close <mclose@cityofokeechobee.com> Sent: Monday, September 21, 2020 8:27 AM To: Bobbie Jenkins <bjenkins@cityofokeechobee.com> Subject: RE: CVS Reduction Spoke to them on Friday and they said they are getting the payment ready to send out. Should have it any day now. From: Bobbie Jenkins <bienkins(cDcityofokeechobee.com> Sent: Friday, September 18, 2020 11:59 AM To: Melissa Close <mclose @cityofokeechobee. com> Cc: Lane Gamiotea <IgamioteaCo)cityofol<eechobee.com>; J.J. Smith <ismithCc�cityofokeechobee.com> Subject: CVS Reduction Melissa, today is 30 days from Aug 18 when Reduction Stipulation was approved by the City Council; they have 60 days to pay. Have you received the check? Just following up to ensure we get the Satisfaction. Thanks! 55 S.E. 3RD AVENUE • OKEECHOBEE, FL 34974 INVOICE NO. GROSS AMOUNT DISCOUNT NET AMOUNT 9/25/20 Recording fees 9/25/ 0 129.50 129.50 TOTAL 129,50 CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 4 97 1/—' zw (863) 763-3372 20 L RECEIVED from ye + 00/10cr' Dollars too Case t- 19 - L) C CtCAAL, s I �� a1is, °o CLERK Y 5�j oZ 41 10LO N PdVL Oltc CITY OF OKEECHOBEE, FLORIDA A 0 7,)^ 55 S.E. 3rd Avenue, Okeechobee, FL 34974 — ----- ---- S20329 020002265G CVS PHARMACY. INC panp 1 of 1 CHECK NO- 50422541 PO VEND INVOICE NO. INV. DATE GROSS AMOtAli ;" Cq,,U T NET AMOUNT _ 02000226 17039 07-28-20 12,275.00 0.00 12,275.00 1 TOTALS > $12,275.00 Remittance Advice Checks cleared through Positive Pay 62-20 50422541 T T CVS�—j Qalth� 311 Date Corp. Vendor Check Amount y iv ` 09-18-2020 020002265G --$12,275.00 Not Valid Over 180 Days CVS PHARMACY, INC 1 CVS Drive, Woonsocket, RI 02895 Twelve thousand two hundred seventy five and 00/100 Dollars PAY TO THE OKEECHOBEE, CITY OF (L) ORDER OF 55 SE 3RD AVE a�-h qk1--1 CITIBANK, N.A. ROOM 101 one Penn's Way OKEECHOBEE, FL 19720. 34974 II■ SOL, 2 2 S4 Lu0 1:0 3 L L00 2091: 38 2 SB 3060 Exhibit 2. Aug 18, 20... City of Okeechobee Code Enforcement Department In Re: The Matter of Spirit CV Okeechobee, FL LLC, Case No. 17-039 Respondent Lien Reduction Stipulation 1. On December 7, 2017, the City first issued a Notice of Violation to Respondent, Spirit CV Okeechobee, FL, LLC, for violations of the Code of Ordinances resulting from overgrown vegetation and yard trash at Respondent's property located at 106 N Parrot Avenue, Okeechobee, Florida, which is leased to and operated by CVS. 2. On February 16, 2018, the City issued a Lien/Order against Respondent for violations of the Code of Ordinances, Section 30-43 Public Nuisance, Section 30-44 General Cleaning, and Section 90-531, General Landscaping. 3. On October 30, 2019, the City sent a letter to Respondent stating that, although the property is now in compliance, $24,550 is due in fines for past violations. 4. Respondent requests that the lien be reduced to $12,275, which is 50% of the original fine for the reasons stated in the letter attached and incorporated into this Stipulation as Exhibit A. 5. Respondent wishes to settle this matter and Respondent's attorney has requested that he be allowed to appear at the Code Enforcement Magistrate hearing, if required, via telephone or other communications media technology as a result of health conditions creating greater susceptibility to the existing COVID-19 pandemic. 6. City staff agrees that Respondent has demonstrated good cause for the lien reduction and recommends that the City accept Respondent's request for lien reduction. 7. City staff will present this matter to the Code Enforcement Magistrate at a regularly scheduled code enforcement hearing and will present it to the City Council at a regularly scheduled City Council meeting following the Code Enforcement Hearing, with the recommendation to approve this stipulation with the requirement that the reduced lien amount be paid to the City within 60 days of the City Council meeting. Page 1 of 2 Respondent, SORT t CV Okeec*Iobee, FL, LLCI: C nature- — Gary I. Resnick, Esq. Print Name Attorney for Property Owner Title July 28, 2020 Date The foregoing instrument was acknowledged before nee before me by means of o physical presence or o online notarization, this day of 2020, by _f p who is personally known to me, or ❑ who has produced as identification. ;oar+PU� olANAGENrIL Notary Public ,_/-�ej. Notary Public • State of Florida Commission r GG 325995 `• oFr °:' My Comm. Expires Apr 21. 2023 Bonded through National Notary Assn. Name typed, printed or stamped My Commission Expires: City -of )Okeechobee Sigaiature Print Name C .F 7 y Title Date J Page 2 ,of 2 Lane Gamiotea From: Sent: To: ri Cc: Bobbie Jenkins (bjenkins@cityofokeechobee.com); J.J. Smith QLYu-v- Subject: RE: Case #17-039 CVS, 8/18/2020 City Council action & 60 days to comply om Awesome! Thank you so much & for the quick response. Those minutes will be signed by Friday so we'll send you a copy. /ffes, Laye Fwyee4aurio&a, G'IV Lane Gamiotea Tuesday, September 1, 2020 11:20 AM Melissa Close City Clerk/Personnel Administrator City of Okeechobee 55 SE 31 Avenue, Room 100, Okeechobee, FL 34974 Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may to public disclosure. From: Melissa Close <mclose@cityofokeechobee.com> Sent: Tuesday, September 1, 2020 11:03 AM To: Lane Gamiotea<Igamiotea@cityofokeechobee.com> Subject: RE: Case #17-039 CVS, 8/18/2020 City Council action & 60 days to comply Lane, I just forwarded you two emails. One from the City Attorney Carlyn and the one I sent to Gary Resnick. I guess I will keep track of the dates that the payment needs to be paid by. He did not ask me for copies of the City Council Approval, so am not sure about that. Might be a good idea to send them to me so I can put it in the folder. As soon as I receive the payment I will do a Satisfaction, get it filed and then bring Bobbie the folder. If you need anything else lease feel free to contact me. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. From: Lane Gamiotea <Igamiotea@citvofokeechobee.com> Sent: Tuesday, September 1, 2020 10:52 AM To: Melissa Close <mclose@cityofokeechobee.com> Cc: Fred Sterling<fsterling@cityofol<eechobee.com>; Justin Bernst <ibernst@cityofokeechobee.com>; Donald Hagan <dhagan@cityofokeechobee.com>; Bobbie Jenkins <bienkins@citvofol<eechobee.com>; J.J. Smith <jsmith@cityofokeechobee.com> Subject: Case #17-039 CVS, 8/18/2020 City Council action & 60 days to comply Melissa, just wanted to follow up on a few items on this case: 1X. Would it be possible for you to provide us a copy of the notice sent to CVS regarding the lien reduction was approved by the City Council on 8/18/2020? (an emailed copy if fine) da &#0Ad ?004 qlq goaD 2. They have 60 days from 8/18/2020 to pay the reduced fine; who will be monitories this time frame to ensure payment is received? M_A_ Va 0_ C(c)SA_ 3. Do you need a signed copy of those minutes to send to them, and do I need to certify that copy? (sometimes larger companies legal counsel want certified copies for their records) Yv�— 4. Just a reminder, once paid please forward the original recorded satisfaction of lien and any other documentation/records to finalize the file. Thank You Q A-s Aye Ea��;oa, talc City Clerk/Personnel Administrator City of Okeechobee 55 SE 31 Avenue, Room 100, Okeechobee, FL 34974 Office: 863.763.3372 ext. 9814, Fax: 863.763.1686, Cell: 863.697-0345 Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Lane Gamiotea From: Melissa Close Sent: Tuesday, September 1, 2020 10:57 AM To: Lane Gamiotea Subject: FW: CVS #3237 City of Okeechobee, Florida Case No. 17-039 From: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Sent: Wednesday, August 19, 2020 9:53 AM To: Melissa Close <mclose@cityofokeechobee.com>; Fred Sterling <fsterling@cityofokeechobee.com> Subject: FW: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Hi Melissa and Fred I informed CVS's lawyer last night. Would you please give him any details needed as to where to send the check. His contact information is below. Thanks! Carlyn Carlyn H. Kowalsky Attorney at Law Email: CKowalsky@nasonyeager.com Tel: 561-982-7114 1 Fax: 561-982-7116 Mobile: 561-248-3922 Profile vCard "Zlr URSON I L�'4MS & Fl.[�9t:I:C?, i'v . !& AI IORNLYS, Al A%V Lit. MAI 750 Park of Commerce Blvd., Suite 210 1 Boca Raton I FI www.nasonveager.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual ore ntity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. we will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: Carlyn H. Kowalsky Sent: Tuesday, August 18, 2020 6:30 PM To: 'Gary Resnick' <GarV.Resnicl<@gray-robinson.com> Subject: RE: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Hi Gary The City Council approved the Stipulation tonight. Carlyn From: Gary Resnick [mailto:Gary.Resnick@gray-robinson.com] Sent: Tuesday, August 18, 2020 12:56 PM To: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Subject: RE: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Thank you, Carlyn and John. If any of the commissioners have any questions in advance, or John needs to reach me, my cell number is 954-610-0016. Thanks again for your assistance. Gary Gary Resnick I Shareholder GRAYI ROBINSON 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 F: 954-761-8112 E-mail I Website Bio I vCard Facebook I LinkedIn I Twitter This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 2 Lane Gamiotea From: Melissa Close Sent: Tuesday, September 1, 2020 10:58 AM To: Lane Gamiotea Subject: FW: CVS Okeechobee From: Gary Resnick <Gary.Resnick@gray-robinson.com> Sent: Wednesday, August 19, 2020 10:20 AM To: Melissa Close <mclose@cityofokeechobee.com> Subject: Re: CVS Okeechobee Thank you Melissa. We appreciate your assistance. Gary Sent from my iPhone. Please excuse abbreviations and typos. Gary Resnick I Shareholder GRAYIROBINSON 401 East Las Olas Blvd., Suite l000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 F: 954-761-8112 E-mail I Website Bio I vCard Facebook I LinkedIn I Twitter For the latest updates on COVID-19, visit GrayRobinson's COVID-19 Task Force. This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, is U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. On Aug 19, 2020, at 10:13 AM, Melissa Close <mclose@citvofokeechobee.com> wrote: This message originated outside of GrayRobinson. Mr. Gary, I am emailing you today regarding the settlement with the City of Okeechobee and CVS. You can send the payment to the following: Make check or money order out to the City of Okeechobee 50 SE 2"d Avenue, Okeechobee, Florida 34974 Please reference the case number in the memo — Case 17-039 1 Once I receive the payment I will do a Satisfaction of Lien and file it at the court house, I will then send you a copy and a receipt for payment. If any questions please feel free to contact me at the below numbers or email. Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. City of Okeechobee Code Enforcement Department In Re: The Matter of Spirit CV Okeechobee, FL LLC, Respondent Lien Reduction Stipulation Case No. 17-039 1. On December 7, 2017, the City first issued a Notice of Violation to Respondent, Spirit CV Okeechobee, FL, LLC, for violations of the Code of Ordinances resulting from overgrown vegetation and yard trash at Respondent's property located at 106 N Parrot Avenue, Okeechobee, Florida, which is leased to and operated by CVS. 2. On February 16, 2018, the City issued a Lien/Order against Respondent for violations of the Code of Ordinances, Section 30-43 Public Nuisance, Section 30-44 General Cleaning, and Section 90-531, General Landscaping. 3. On October 30, 2019, the City sent a letter to Respondent stating that, although the property is now in compliance, $24,550 is due in fines for past violations. 4. Respondent requests that the lien be reduced to $12,275, which is 50% of the original fine for the reasons stated in the letter attached and incorporated into this Stipulation as Exhibit A. 5. Respondent wishes to settle this matter and Respondent's attorney has requested that he be allowed to appear at the Code Enforcement Magistrate hearing, if required, via telephone or other communications media technology as a result of health conditions creating greater susceptibility to the existing COVID-19 pandemic. 6. City staff agrees that Respondent has demonstrated good cause for the lien reduction and recommends that the City accept Respondent's request for lien reduction. 7. City staff will present this matter to the Code Enforcement Magistrate at a regularly scheduled code enforcement hearing and will present it to the City Council at a regularly scheduled City Council meeting following the Code Enforcement Hearing, with the recommendation to approve this stipulation with the requirement that the reduced lien amount be paid to the City within 60 days of the City Council meeting. Page 1 of 2 Respondent, Su i';it CV Okeechobee, FL, LLC: I c�nattu:P• —_� Gary I. Resnick, Escl. Print flame Attorney for Property Owner Title July 28, 2020 Date The foregoing instrument was ackno-ixiedged before nee before me by means of ❑ physical presence or to online notarization, this day of 2020, by = , I1 who is personally known to me, or ❑ who has prod»ced as identification. ,•'i*1Y Pup:•.: DIANA GENTIL Notary Public ;`=°�1�� _ Notary Public • State of Florida Commission " GG 325995 My Comm. Expires Apr ?t, 2023 Bonded through National Notary Assn. Name typed, printed or stamped INAy Con1S2ldsslon Expires: iCi' -of Okeechobee ,SiA,�51aiL11 �� Print Name G, 4 T y Title Date Page 2 ,off-2 Melissa Close From: City Attorney Sent: Tuesday, July 28, 2020 11:33 AM To: Melissa Close; Fred Sterling; Robert Peterson Cc: Marcos Montes De Oca; Robin Brock Subject: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Attachments: Fine Reduction Stipulation - CVS - revised Clean_41718659v1.DOCX; Letter to City of Okeechobee Carlyn H. Kowalsky Esq. re Request for Redu.... pdf Melissa and Fred — Attached is a stipulation for someone from the City to sign and present to the Magistrate at the hearing on August 11 along with the letter from CVS. I am going to have CVS sign and provide it to us. The City can sign after we get it back from them. You can use these documents to put in the materials for the hearing. Feel free to call me if you need to. Carlyn 561-248-3922 • Melissa Close From: Sent: To: Subject: Okay thank you Melissa Close Monday, July 27, 2020 1:00 PM Carlyn H. Kowalsky RE: CVS From: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Sent: Monday, July 27, 2020 12:57 PM To: Melissa Close <mclose @cityofokeechobee.com> Subject: Re: CVS I expect to receive their letter today. Then I will send them the stipulation to sign. Get Outlook for iOS Carlyn H. Kowalsky Attorney at Law Email: CKowalsky@nasonyeager.com Tel: 561-982-7114 1 Fax: 561-982-7116 Mobile: 561-248-3922 Profile vCard NJNason Yeauer GERSON HARM & FtIMERU. P.A. At TOKNEYS At LAw �. 19611 750 Park of Commerce Blvd., Suite 210 Boca Raton I FI www.nasonyeager.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary From: Melissa Close <m close 0 cityofo keechobee. co m > Sent: Monday, July 27, 2020 12:54 PM To: Carlyn H. Kowalsky Subject: CVS Carlyn, Have you received anything from CVS so I can get them on the agenda for this hearing in August???? Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 1 Fax (863) 763-7804 "r NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com 04 I Melissa Close From: Melissa Close Sent: Monday, July 27, 2020 12:54 PM To: Carlyn H. Kowalsky Subject: US Carlyn, Have you received anything from CVS so I can get them on the agenda for this hearing in August???? Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. Melissa Close From: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Sent: Monday, July 27, 2020 4:26 PM To: City Attorney; Fred Sterling; Melissa Close; Robert Peterson Subject: FW: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Attachments: Fine Reduction Stipulation - CVS.docx From: Carlyn H. Kowalsky Sent: Monday, July 27, 2020 4:18 PM To: 'Gary Resnick' <Gary.Resnick@gray-robinson.com> Subject: RE: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Hi Gary This looks good. I prepared the attached stipulation for you to sign and am amenable to any suggestions to simplify the process. The next hearing before the Special Magistrate is August 11. Staff is prepared to include this on that agenda. Unfortunately, they do not provide remote participation for the Magistrate hearing. However, my experience so far is that he has accepted staff's recommendation. I haven't been involved in a matter where he did not. Once it is approved by the Magistrate, we will put it on the City Council Agenda. The Magistrate merely makes a recommendation. The City Administrator's office has a certain lead time for agenda items. Possible City Council meetings would be August 18 or September 1. Those meetings are accessible via zoom. Carlyn From: Gary Resnick [mailto:Gary.Resnick@gray-robinson.com] Sent: Monday, July 27, 2020 1:16 PM To: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Subject: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Carlyn Attached please find my letter seeking the lien reduction in this case. Please advise of the date and time I should be available to participate via phone, zoom, or other method for the hearing. Thanks for your assistance with this matter. If you have any questions or need further information, please do not hesitate to contact me. Gary Gary Resnick I Shareholder GRAYIROBINSON 401 East Las Olas Blvd., Suite woo I Fort Lauderdale, Florida 33301 T: 954-761-8111 F: 954-761-8112 E-mail I Website Bio I vCard Facebook I LinkedIn I Twitter From: Carlyn H. Kowalsky <CKowa lskv@nasonveaeer.com> Sent: Friday, July 24, 2020 4:01 PM To: Gary Resnick <Gary.Resnick@erav-robinson.com> Subject: RE: CVS #3237 City of Okeechobee, Florida This message originated outside of GrayRobinson. Sounds good. Have a nice weekend. From: Gary Resnick [mailto:Garv.Resnick@erav-robinson.comj Sent: Friday, July 24, 2020 3:55 PM To: Carlyn H. Kowalsky <CKowalskv@nasonveaeer.com> Subject: RE: CVS #3237 City of Okeechobee, Florida Hi Carlyn will have my letter to you no later than Monday. Thank you. Gary Gary Resnick I Shareholder GRAYIROBINSON 401 East Las Olas Blvd., Suite l000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 F: 954-761-8112 E-mail I Website Bio I vCard Facebook I LinkedIn I Twitter From: Carlyn H. Kowalsky <CKowa lskv@nasonveaeer.com> Sent: Friday, July 24, 2020 3:32 PM To: Gary Resnick <Gary.Resnick@gray-robinson.com>; Nancy H. Nicole <Nancy.Nicole@erav-robinson.com> Cc: Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: Re: CVS #3237 City of Okeechobee, Florida This message originated outside of GrayRobinson. Hi Gary Melissa Close From: Carlyn H. Kowalsky <CKowa [sky@nasonyeager.com> Sent: Monday, July 27, 2020 4:25 PM To: City Attorney; Melissa Close; Fred Sterling; Robert Peterson Subject: FW: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Attachments: Letter to City of Okeechobee Carlyn H. Kowalsky Esq. re Request for Reductions of Fine.PDF From: Gary Resnick [mailto:Gary.Resnick@gray-robinson.com] Sent: Monday, July 27, 2020 1:16 PM To: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Subject: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Carlyn Attached please find my letter seeking the lion reduction in this cow. Please advise of the date and time I should be available to participate via phone, zoom, or other method for the hearing. Thanks for your assistance with this matter. If you have any questions or need further information, please do not hesitate to contact me. Gary Gary Resnick I Shareholder GRAY I R _DD 1.13 01 401 East Las Olas Blvd., Suite l000 I Fort Lauderdale, Florida 33301 T- 954-761-8111 1 F: 954-761-8112 E-mail I '�Vel site I Bio I �,Carcl Facg.book I L:%nkedIn I TNcntter From: Carlyn H. Kowalsky <;Ko skvt&nasomreaaer.com> Sent: Friday, July 24, 2020 4:01 PM To: Gary Resnick <nary,ResnicfcCo%aray-robinsan.com> Subject: RE: CVS #3237 City of Okeechobee, Florida This inessage originated outside of GrayRobinson. Sounds good. Have a nice weekend. From: Gary Resnick [mailto.Gartr.Resnick gray-robinson.com ] Sent: Friday, July 24, 2020 3:55 PM To: Carlyn H. Kowalsky <CKowa [sky C&nasonyeager.corn> Subject: RE: CVS #3237 City of Okeechobee, Florida Hi Carlyn I will have my letter to you no later than Monday. Thank you. Gary Gary Resnick I Shareholder GRAYIROB -T?�,3fD-fT 401 East Las Olas Blvd., Suite l000 I Fort Lauderdale, Florida 33301 T: 954-761-8111 I F:954-761-8112 E-mail I Website Bic, I -Card Facebook I Linkedln I Twitter From: Carlyn H. Kowalsky <CKowa1SkV0naso9wea90rcom> Sent: Friday, July 24, 2020 3:32 PM To: Gary Resnick <Ga:ry:Resnick.CoDara,/-robinson cdm>; Nancy H. Nicole <gay,N_ is le0arav-robinson.com> Cc: Jenny Sica <JennySicaftray -robinson.com > Subject: Re: CVS #3237 City of Okeechobee, Florida This message originated outside of GrayRobinson. Hi Gary That's good. I will send you a stipulation as soon as I get your letter with the justification for the reduction. The City would like to have the stipulation by July 28 to get in on their Agenda for the Magistrate hearing on August 11. I have something drafted. Carlyn Get Outlook for iOS From: Gary Resnick <acv.resnickt&-av-rofJinson.corn> Sent: Wednesday, July 22, 2020 5:27 PM --___-- To: Carlyn H. Kowalsky; Nancy H. Nicole Cc: Jenny Sica Subject: RE: CVS #3237 City of Okeechobee, Florida Hi Carlyn CVS will accept the reduction proposed by the City staff of %2 of the amount of the lien. I'll provide a letter requesting such reduction in time for the Aug. hearing. If you have any questions, please do not hesitate to contact me. Thanks. Gary GRAY ROBINSON RELATIONSHIPS I RESOURCES I RESULTS ' ��ZP Gary I. Resnick Shareholder 954-761-8111 GARY. RESNICK@GRAY-RO BINSON. COM July 27, 2020 VIA ELECTRONIC MAIL Carlyn H. Kowalsky, Esq. City Attorney City of Okeechobee Nason, Yeager, Gerson, Harris & Fumero, P.A. 750 Park of Commerce Blvd. Suite 210 Boca Raton, FL 33487 CKowalsky_@nasonyea eg r.com BOCA R9TON 401 EAST LAS OLAS BLVD. FORTLAUDERDALE SUITE 1000 POST OFFICE BOX 2328 (33303-9998) FORT MYERS FORT LAUDERDALE, FLORIDA 33301 GAINEsWLLE TEL 954-761-8111 JACKSONVILLE FAX 954-761-8112 GRAY-ROBINSON.COM KEY WEST LAKELAND MELBOURNE RE: Request for Reduction of Fine I Case Number: 17-039 Property Address: 106 North Parrot Avenue, Okeechobee, FL 34972 Parcel#:31537350010015400010 Dear Ms. Kowalsky: MIAMI NAPLES ORLANDO TALLAHASSEE TAMPA WASHINGTON, DC WEST PALM BEACH We represent the owner, Spirit CV Okeechobee FL, LLC ("Owner"), and tenant, Holiday CVS, LLC, ("CVS") (Owner and CVS are collectively referred to as "Property Owner") of the above referenced property with respect to Code Case No. 17-039. We are submitting this letter as a request to reduce the lien that has accrued in this case. Enclosed please find a letter executed by the Owner authorizing us to act as its agent for purposes of this case CAttachment A). Establishment of Lien: The Notice of Violation / Notice of Hearing dated January 24, 2018, cited the Owner for issues with overgrown vegetation, shrubs that needed to be trimmed, and debris on the property. The Lien/Order was issued February 16, 2018, establishing a fine of $50 per day commencing 25 days after such Order. The accrued lien is in the amount of $24,550. We would request a reduction to the amount of $12,275, inclusive of any City fees and administrative costs. Good Cause to Reduce Lien: It is the Property Owner's position that good cause exists to reduce the lien. Pursuant to Chapter 162, Florida Statutes, factors to consider include the following: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. GRAYROBINSON PROFESSIONAL ASSOCIATION Carlyn H. Kowalsky, Esq. City Attorney City of Okeechobee July 27, 2020 Page 2 of 3 CVS operates the store/pharmacy on this property that serves as an essential business in the City. It enjoys an excellent reputation in the community and takes its responsibility seriously to provide necessary services and products to the community. The violations in this case involved primarily landscaping and did not rise to the level that the property could not be used or that created any issue with the health, safety and welfare of residents. CVS undertook all measures at its cost to correct the violations. CVS and its contractors communicated numerous times with the City staff and officials to determine what was necessary with respect to the landscaping. In fact, CVS' corporate representatives met with City staff on the property and communicated with the City Mayor about the property. CVS incurred significant expenses to take care of these issues. The following chart provides the amounts spent by CVS to address these violations.1 INVOICE NUMBER DATE DESCRIPTION AMOUNT 55344 August 28, 2019 Landscape (grounds, $1,850.00 trees & shrubs) 54549 July 17, 2019 Landscape (repair $1,245.04 irrigation) 54544 July 15, 2019 Landscape (demo and $6,211.80 restore; S and W hedge line) 53681 May 21, 2019 Landscape $2,250.00 (shrubs/trees — pruned and site mulched As shown, CVS spent in excess of $11,000 to correct the violations. In completing this work, CVS complied with City permitting requirements, as it has for all work on the building and property. In summary, this is not a situation where a property owner ignored issues raised by the City. Rather, CVS' representatives including its corporate officials, met with City Code Enforcement at the property and communicated with City staff and the Mayor. While the fines accrued for an extended period, the work to remedy the violations took longer than expected. In addition, the violations did not threaten the health, safety or welfare of residents or CVS' consumers. The CVS store and pharmacy remained opened and accessible to The actual invoices are available. GRAYROBINSON PROFESSIONAL ASSOCIATION Carlyn H. Kowalsky, Esq. City Attorney City of Okeechobee July 27, 2020 Page 3 of 3 consumers and employees, and work to remedy the violations was done in such a manner as not to disrupt consumers and employees. As to the third factor, this violation did not involve a repeat violation. CVS has maintained this property as a good corporate citizen, performing regular maintenance on the building, signs, and property. CVS is subject to regular inspections and maintains the store and pharmacy in accordance with applicable local and state codes. CVS values its relationship with the City and has been operating this location within the City since it acquired Eckerd Drugs in 2012. As a community partner, CVS supports a number of programs for the benefit of the community, including activities to assist senior citizens with health needs. For the foregoing reasons, CVS respectfully requests that the Special Magistrate reduce the lien that has accrued in this case to the amount of $12,275, inclusive of costs and fees. If there are any questions, please do not hesitate to contact me. Thank you for your consideration. Respectful) submitted, Carr i` Resnick GIR/j s Enclosure cc: CVS (via email) /546012/132#41706888 v1 LETTER TO AUTHORIZE AGENT Roger Azcona, Special Magistrate City Hall 55 SE Yd Avenue Okeechobee, FL 34974 To Whom It May Concern: Please let this letter serve as confirmation that Spirit CV Okeechobee FL, LLC, a Delaware limited liability company, ("Spirit") authorizes Gary Resnick, Esq. of GrayRobinson, P.A. ("Agent") to represent Spirit with regard to code enforcement matter 17-0039 that relates to property owned by Spirit located at 106 N. Parrott Avenue, Okeechobee, FL (the "Property") (the "Project"). This authorization is solely for the Project at the Property, and for no other purpose whatsoever. Agent shall not and does not have any authority to approve or execute in Spirit's name or on Spirit's behalf (i) any easements, licenses, or other encumbrance documents affecting the Property, (ii) any change to the zoning, land use or entitlements affecting the Property or (iii) create, agree to, assume or incur any financial obligations that will not be paid in full when due by Holiday CVS, L.L.C., the current tenant of the Property, and would be binding against Spirit. Mr. Resnick's contact information is as follows: Gary Resnick, Esq. GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, FL 33301 (954) 761-8111 Gary.Resnick ray-robinson.com Spirit requests that copies of all correspondence, notices and all other documents be forwarded to Mr. Resnick. Spirit CV Okeechobee FL, LLC, a Delaware limited liability company By: Spirit SPE Manager, LLC, a Delaware limited liability company, its Manger Name: Awl Title: VP Construction & Facilities Date: 7/17/2020 Melissa Close From: Carlyn FI. Kowalsky <CKovYalsl<y@nasonyeager.com> Sent: Monday, July 27, 2020 4:26 PM To: City Attorney,- Fred Sterling; Melissa Close; Robert Peterson SubjeP't: FW: CVS #3237 City of Okeechobee, Florida Case No. 17-039 "t`a�'hmen'ts: Fine Reduction Stipulation - CVS.docc From: Carlyn H. Kowalsky Send: Monday, July 27, 2020 4:18 PM To: 'Gary Resnick' <Gary.Resnicl(@gray-robinson.com> Subject: RE: CVS #3237 City of Okeechobee, Florida Case No. 17-039 Hi Gain/ This looks good. 1 prepared the attached stipulation for you to sign ant, am amenable to any suggestions to simplify the process. The next hearing before the Special magistrate is August 11. Staff is prepared to include this on that agenda, Unfortunately, 'they do not provide remote participation for the magistrate hearing. However, my experience so far is that he has accepted staff's recommendation. 1 haven't been involved in a matter where he did not. Once it is approved by the magistrate, we will put it on the City Council Agenda. The magistrate merely makes a recommendation. The City Administrator's office has a certain lead time for agenda items. Possible City Council meetings would be August 18 or September 1. Those meetings are accessible via zoom. Carlyn From: Gary Resnick [ p, ; r; , a _s_nick&gray rgbinson.c �. Sent: Monday, July 27, 2020 1:16 PM To: Carlyn 1-1. Kowalsky <_ ,r cony > Subject: CVS ;;3237 City or Okeechobee, Florida Case No. 17-039 C46io A#N*W pleme *W "iVkawamWnnp&mcgo"ng*Cam'•. PIS arm ofOW do* OW bw I should be 10 1, firfp a m v*# p110f1�F zoom, Or' as 111g o o * ilismiag.. fm yaw awarmw with, 16 INI1 tw- VVW Illon aoly qmmftm or now kddrnvmbrT, Pigc: not hewatL to conow "W. That's good. I will send you a stipulation as soon as I get your letter with the justification for the reduction. The City would like to have the stipulation by July 28 to get in on their Agenda for the Magistrate hearing on August 11. I have something drafted. Carlyn Get t7iit101A for i05 From: Gary Resnick Sent: Wednesday, July 22, 2020 5:27 PM To: Carlyn H. Kowalsky; Nancy H. Nicole Cc: Jenny Sica Subject: RE: CVS #3237 City of Okeechobee, Florida Hi Carlyn CVS will accept the reduction proposed by the City staff of Y2 of the amount of the lien. I'll provide a letter requesting such reduction in time for the Aug. hearing. If you have any questions, please do not hesitate to contact me. Thanks Gary Gary Resnick I Shareholder G R A Y 1 IR,0 E11T T 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T': 954-761-8111 I F': 954-761-81i2 E-n1ai1 I Website I Rim I vCard Faceboolk I lata- kedln I twitter From: Carlyn H. Kowalsky Kowalsky 'nasonyeae.r:com> Sent: Monday, July 13, 2020 11:42 AM To: Nancy H. Nicole <lVa r_ Nicoie.@Rray-,robinson.com> Cc: Gary Resnick a0 Re.snic.k9ytrav-robin n.ep_r,,>; Jenny Sica < > Subject: RE: CVS #3237 City of Okeechobee, Florida This tnessage originated outside of GrayRobinson. Hello If you would like to propose a fine reduction on behalf of CVS, please send me a letter describing your proposal. I can then present it to staff for consideration. If the parties can reach agreement by the first week of August, we can present it at the next hearing before the magistrate on August lath. Please give me a call if you have any questions. Cc: Gary Resnick<Garv,Resnickgitrav-robinson.wm>; Jenny Sica <Jennv.Skak av-rObinson.com> Subject: CVS #3237 City of Okeechobee, Florida Hello Ms. Kowalsky, It was a pleasure speaking with you. With regard to a lien reduction for the CVS store, I have copied Mr. Resnick and his legal assistant so that you may communicate regarding same and to schedule a time next week to discuss the matter. You may also contact Mr. Resnick via his cellphone, 954-610-0016. Thank you again for your help with this matter. Gary, Ms. Kowalsky can be reach at 561-982-7114. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit'�wp This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit �rr. n �, a r .tcasr crr This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visitnttg . tiyy,v mi:Tecast::r, Melissa Close From: Sent: To: Subject: Okay thank you Melissa Close Monday, July 27, 2020 1:00 PM Carlyn H. Kowalsky RE: CVS From: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Sent: Monday, July 27, 2020 12:57 PM To: Melissa Close <mclose@cityofol<eechobee.com> Subject: Re: CVS I expect to receive their letter today. Then I will send them the stipulation to sign. Get511ttbolt MMS Carlyn H. Kowalsky Attorney at Law Email: I -gW Tel: 561-982-7114 1 Fax: 561-982-7116 Mobile: 561-248-3922 proIFl; 4!�r.=; IMNason.Leoger 750 Park of Commerce Blvd., Suite 210 1Boca Raton IF �wrr ilnasanll�aaarclo�, The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mailfrom Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. rlieflM:ao;M� Please do not print this e-mail unless absolutely necessary. From: Melissa Close M .�,n,�> Sent: Monday, July 27, 2020 12:S4 PM To: Carlyn H. Kowalsky Subject: CVS Carlyn, Have you received anything from CVS so I can get them on the agenda for this hearing in August???? Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Melissa Close From: Melissa Close Sent: Monday, July 27, 2020 12:54 PM To: Carlyn H. Kowalsky Subject: CVS Carlyn, Have you received anything from CVS so I can get them on the agenda for this hearing in August???? Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 7/23/2020 Mail - Fred Sterling - Outlool Re: CVS #3237 City of Okeechobee, Florida Fred Sterling <(sterling@cityofokeechobee.com> Thu 7/23/2020 12:17 PiM To: Carlyn FI. Kowalsky <CKowalsky@nasonyeager.com> Carlyn, Just spoke with the Chief, the CVS case will be on the agenda August 11th, 2020. Please try and get all the paperwork for the reduction to us by July 28th. Thanks for your help. Fred Sterling Code Enforcement 863-763-9795 From: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Sent: Thursday, July 23, 2020 7:25 AM To: Melissa Close <mclose@cityofokeechobee.com>; Fred Sterling<fsterling@cityofokeechobee.com>; City Attorney <cityattorney@ cityofokeech obee. com> Subject: Fwd: CVS #3237 City of Okeechobee, Florida Hi Melissa and Fred What is your deadline for getting this on the August agenda? l will let Cary know. Carlyn Carlyn H. Kowalsky Attorney at raw Entail: a.rta nuagrarn Tel: 561-962-7114.1 Ear:: 561-952-7116 Morti le : 561- 24 8 - 39 2 2 ..www.nasnnyeagei,comJProfile vCard Na.son Yea ��j" 750 Park of Commerce Blvd., Suite 210 l Boca Raton 1 FL i 334.37 N2MVVA9erCDrrr Tna information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, plea;.-- notify us immediately by telephone (collect) and return the original message to. us atthL above address via the U.S. Postal Service.'Ne will reimburse you for postage and/or telephone ,expenses. MN=NWWM:ASV#SdWV- Due to the increased risk associated with viire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager conrtaining.wirs transfer :instructions, pleas_ tilt Beason -(Paager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire rawfer instructions wior to sending funds pursuant to such wire transfer instructions. Afi Akiwmt.',Plaase do riot print this e-mail unless absolutely necessary. 6iN*M:�a&�+'I.fi9rt9�d^8t]1-rAb+I1S5t�.R'AIYi� 7/23/2020 Mail - Fred Sterling - Outlool To: Carlyn H. Kowalsky; Clancy H. Nicole Cc: Jenny Sica Subject: RE: CVS #3237 City of Okeechobee, Florida Hi Carlyn CVS will accept the reduction proposed by the Cibi staff of % of the amount of the lien. I'll provide a letter requesting such reduction in time for the Aug, hearing. If you have any questions, please do not hesitate to contact me. Thanks. Gary Gary Resnick I Shareholder GRAY IR0EI-Ng02-4 401 East Las Olas Blvd., Suite l000 I Fort Lauderdale, Florida 33301 ` 1 954-76i-8ill I F.954-761-8112 C-mai'y VebSitd I Bio I vC�arc; E:L4e1book I tipkecilyrc i it4ittc_t This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit hD , �Vjww,mmyecast�r LETTER TO AUTHORIZE AGENT Roger Azcona, Special Magistrate City Hall 55 SE 3`d Avenue Okeechobee, FL 34974 To Whom It May Concern: Please let this letter serve as confirmation that Spirit CV Okeechobee FL, LLC, a Delaware limited liability company, ("Spirit") authorizes Gary Resnick, Esq. of GrayRobinson, P.A. ("Agent") to represent Spirit with regard to code enforcement matter 17-0039 that relates to property owned by Spirit located at 106 N. Parrott Avenue, Okeechobee, FL (the "Property") (the "Project"). This authorization is solely for the Project at the Property, and for no other purpose whatsoever. Agent shall not and does not have any authority to approve or execute in Spirit's name or on Spirit's behalf (i) any easements, licenses, or other encumbrance documents affecting the; Property, (ii) any change to the zoning, land use or entitlements affecting the Property or (iii) create, agree to, assume or incur any financial obligations that will not be paid in full when due by Holiday CVS, L.L.C., the current tenant of the Property, and would be binding against Spirit. Mr. Resnick's contact information is as follows: Gary Resnick, Esq. GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, FL 33301 (954) 761-8111 Ga�r•R�ei�>k�a �Y-robii�cx� Gvrn. Spirit requests that copies of all correspondence, notices and all other documents be forwarded to Mr. Resnick. Spirit CV Okeechobee FL, LLC, a Delaware limited liability company By: Spirit SPE Manager, LLC, a Delaware limited liability company, its Manger Name: 11!�,&" .i lz Title: VP Construction & Facilities Date: 7/17/2020 That's good. I will send you a stipulation as soon as I get your letter with the justification for the reduction. The City would like to have the stipulation by July 28 to get in on their Agenda for the Magistrate hearing on August 11. I have something drafted. Carlyn Get Outlook for iOS From: Gary Resnick <gary.resnick@gray-robinson.com> Sent: Wednesday, July 22, 2020 5:27 PM To: Carlyn H. Kowalsky; Nancy H. Nicole Cc: Jenny Sica Subject: RE: CVS #3237 City of Okeechobee, Florida Hi Carlyn CVS will accept the reduction proposed by the City staff of of the amount of the lien. I'll provide a letter requesting such reduction in time for the Aug. hearing. If you have any questions, please do not hesitate to contact me. Thanks. Gary Gary Resnick I Shareholder GRAYIROBINSON 401L East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 T:954-761-8111 F:954-761-8112 E-mail I Website Bio I vCard Facebook I LinkedIn I Twitter From: Carlyn H. Kowalsky <CKowalskv@nasonyeager.com> Sent: Monday, July 13, 2020 11:42 AM To: Nancy H. Nicole <Nancy.Nicole@gray-robinson.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com>; Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: RE: CVS #3237 City of Okeechobee, Florida This message originated outside of GrayRobinson. Hello If you would like to propose a fine reduction on behalf of CVS, please send me a letter describing your proposal. I can then present it to staff for consideration. If the parties can reach agreement by the first week of August, we can present it at the next hearing before the magistrate on August 11th. Please give me a call if you have any questions. 3 Carlyn 561-248-3922 Carlyn H. Kowalsky Attorney at Law Email: CKowalskyOnasonyeager.com Tel: 561-982-7114 1 Fax: 561-982-7116 Mobile: 561-248-3922 Profile vCard Nason Yea r GEK-S .lh 1i,.WFJS & FLIMI X0, P.A. l 1ORNLYS na LMt 1..L. 1a6(1 750 Park of Commerce Blvd., Suite 210 1 Boca Raton I FI www.nasonyeager.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: Nancy H. Nicole [mailto:Nancy.Nicole@gray-robinson.com] Sent: Friday, June 26, 2020 2:03 PM To: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Cc: Gary Resnick <Gary.Resnick@gray-robinson.com>; Jenny Sica <Jenny.Sicaggray-robinson.com> Subject: RE: CVS #3237 City of Okeechobee, Florida Hello Ms. Kowalsky, Please see below. I apologize for the delay, but I had your email as masonyeager instead of nasonyeager. Nancy H. Nicole I Paralegal GRAYIROBINSON Mizner Park Office Tower 1 225 N.E. Mizner Blvd., Suite 500 1 Boca Raton, Florida 33432 T: 561-368-38o8 1 F: 561-368-4Oo8 E-mail I Website I vCard Facebook I LinkedIn I Twitter This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. From: Nancy H. Nicole Sent: Friday, June 26, 2020 12:51 PM To:'ckowalsky@masonyeager.com' <ckowalsky@masonyeager.com> 4 Cc: Gary Resnick <Gary.Resnick@gray-robinson.com>; Jenny Sica <Jenny.Sica@gray-robinson.com> Subject: CVS #3237 City of Okeechobee, Florida Hello Ms. Kowalsky, It was a pleasure speaking with you. With regard to a lien reduction for the CVS store, I have copied Mr. Resnick and his legal assistant so that you may communicate regarding same and to schedule a time next week to discuss the matter. You may also contact Mr. Resnick 'Via his cellphone, 954-610-0016. Thank you again for your help with this matter. Gary, Ms. Kowalsky can be reach at 561-982-7114. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com Melissa Close !rom: City Attorney Send: Wednesday, July 15, 2020 3:33 PM To: Melissa Close; Fred Sterling; Marcos Montes De Oca; Robin Brock Cc: John Fumero Subject: CVS Lien Reduction 1 spoke with the Attorney representing CVS and relayed the City stair's willingness to recommend a 50% fine reduction to bring the outstanding Mines down to $12,275. He is conveying that to his client and, if acceptable, will provide a letter explaining the reasons why they feel a reduction is justified, Once we receive their letter we can execute a stipulation (which T have prepared) and either present it to the Magistrate to get his recommendation or present it straight to City Council, since it there is no need for ay findings by the Magistrate and only the Council can give final approval, Carlyn Gary Resnick I Shareholder 401 East Las Olas Blvd., Suite i000 I Fort Lauderdale, Florida 33301 1', 954-761-8iu I F> 954-761-8112 E-mail I Wefisiie I Bpi I ,C FacebOA I LinkedTn I Twitter From: Carlyn H. Kowalsky <r J,,_Wat�k L,a `� -r 1 ige:> Sent: Monday, July 13, 2020 11:42 AM To: Nancy H. Nicole Cc: Gary Resnick <r .�r� ?.N -,,r Ka ra ronrnsu_n or,,>; Jenny Sica <,-�r,o f > Subject: RE: CVS #3237 City of Okeechobee, Florida This message originated outsidA of Gra,/Robiwlor. Hello If you would like to propose a fine reduction on behalf of CVS, please send me a letter describing your proposal. I can then present it to staff for consideration. if the parties can reach agreement by the first week of August, we can present it at the next hearing before the magistrate on August 11th. Please give me a call if you have any questions. Carlyn 561-248-3922 Carlyn H. Kowalsky- Attorney at Law Na. s o n- Yc a P er Email:.415icy'o:ri�5on2r—�I ; . Tel: 561-982-7114 1 Fax: 561-982-7116 750 Park of Commerce Blvd., Suite 210 (Boca Raton IF Mobile: 561-248-3922 The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions Please do not print this e-mail unless absolutely necessary. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit t'A'W_:N n1itnec�� This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit This email has been scanned for email related threats and delivered safely by Mimecasl:. For more information please visit LETTER TO AUTHORIZE AGENT Roger Azcona, Special Magistrate City Hall 55 SE 3`d Avenue Okeechobee, FL 34974 To Whom It May Concern: Please let this letter serve as confirmation that Spirit CV Okeechobee FL, LLC, a Delaware limited liability company, ("Spirit") authorizes Gary Resnick, Esq. of GrayRobinson, P.A. ("Agent") to represent Spirit with regard to code enforcement matter 17-0039 that relates to property owned by Spirit located at 106 N. Parrott Avenue, Okeechobee, FL (the "Property") (the "Project"). This authorization is solely for the Project at the Property, and for no other purpose whatsoever. Agent shall not and does not have any authority to approve or execute in Spirit's name or on Spirit's behalf (i) any easements, licenses, or other encumbrance documents affecting the; Property, (ii) any change to the zoning, land use or entitlements affecting the Property or (iii) create, agree to, assume or incur any financial obligations that will not be paid in full when due by Holiday CVS, L.L.C., the current tenant of the Property, and would be binding against Spirit. Mr. Resnick's contact information is as follows: Gary Resnick, Esq, GrayRobinson, P.A. 401 East Las Olas Blvd., Suite 1000 Fort Lauderdale, FL 33301 (954) 761-8111 Gary.R�sarc&�ag�ay-robinsan e:;rn. Spirit requests that copies of all correspondence, notices and all other documents be forwarded to Mr. Resnick. Spirit CV Okeechobee FL, LLC, a Delaware limited liability company By: Spirit SPE Manager, LLC, a Delaware limited liability company, its Manger Name: pa&z-�� Arl Title: VP Construction & Facilities Date: 7/17/2020 A,0 J�c-7 - '� � //11 0 Melissa Close �Y,56c. o From: City Attorney Sent: Monday, July 13, 2020 3:51 PM To: Melissa Close; Fred Sterling Cc: Marcos Montes De Oca; Robin Brock Subject: CVS Settlement of Lien/Order I just spoke with the Attorney representing CVS concerning settlement of their lien. Please give me a call to discuss a fine reduction that would be appropriate to recommend to the City council for settlement. I believe their lien is about $20,000. Ca rlyn SIP aejtl-3qacq Q�'�ce mil- �1$a-�ll ly Melissa Close From: Nancy H. Nicole <Nancy.Nicole@gray-robinson.com> Sent: Wednesday, July 1, 2020 2:29 PM To: Melissa Close Subject: RE: CVS #3237 -RE: Fine Breakdown and dates Hi Melissa, Just following up on the request below. Hope you are better. Thank you. Nancy H. Nicole I Paralegal GRAYIROBINSON Mizner Park Office Tower 1 225 N.E. Mizner Blvd., Suite 500 1 Boca Raton, Florida 334:32 T:561-368-38o8 F:561-368-4008 E-mail I Website vCard Facebook I LinkedIn I Twitter From: Nancy H. Nicole Sent: Friday, June 26, 2020 2:36 PM To:'Melissa Close' <mclose@cityofokeechobee.com> Subject: RE: CVS #3237 -RE: Fine Breakdown and dates Hi Melissa, Hope you are feeling better. I spoke with Fred and he asked that I email you for a letter showing the breakdown for the final lien amount. Can you please provide that? Thank you. From: Melissa Close <mclose@cityofokeechobee.com> Sent: Thursday, June 18, 2020 3:13 PM To: Nancy H. Nicole <Nancy.Nicole@gray-robinson.com> Subject: CVS #3237 -RE: Fine Reduction Request Form This message originated outside of GrayRobinson. From: Nancy H. Nicole <Nancy.Nicole@gray-robinson.com> Sent: Thursday, June 18, 2020 2:38 PM To: Melissa Close <mclose@citvofokeechobee.com> Subject: RE: Fine Reduction Request Form Thank you Melissa. Nancy H. Nicole I Paralegal GRAYS ROBINSON Mizner Park Office Tower 1 225 N.E. Mizner Blvd., Suite 500 1 Boca Raton, Florida 33432 T:561-368-38o8 F:561-368-4Oo8 E-mail I Website vCard Facebook I LinkedIn I Twitter This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. From: Melissa Close <mclose@cityofokeechobee.com> Sent: Thursday, June 18, 2020 2:31 PM To: Nancy H. Nicole <Nancy.Nicole(Pgray-robinson.com> Subject: Fine Reduction Request Form This message originated outside of GrayRobinson. Mrs. Nicole, Here is the fine reduction request form you requested. I will also e-mail our city attorney and see if we can come up with a way to resolve this issue without y'all coming to a hearing. Please try to contact her as well. Her info is as follows: Carlyn Kowalsky (561) 982-7114 / E-Mail is ckowalsky@nasonyeagercom Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 TA wj�d r NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. /�Jovmc�j m i cioe clF 5-1- S o- `�ocu off,' c �i I l Ccdit, a �icj spry-) Melissa Close iCde00:�,()<<L4 RDb1o5",C From: Melissa Close Sent: Thursday, June 18, 2020 3:13 PM To: Nancy H. Nicole Subject: RE: Fine Reduction Request Form Attachments: Fine Reduction Form.pdf From: Nancy H. Nicole < Nancy. Nicole @gray-robinson.com> Sent: Thursday, June 18, 2020 2:38 PM To: Melissa Close <mclose@cityofokeechobee.com> Subject: RE: Fine Reduction Request Form Thank you Melissa. Nancy H. Nicole I Paralegal GRAYIROBINSON Mizner Park Office Tower 1 225 N.E. Mizner Blvd., Suite 500 1 Boca Raton, Florida 33432 T:561-368-38o8 F:561-368-4008 E-mail I Website vCard Facebook I LinkedIn I Twitter This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain Legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorner-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. From: Melissa Close <mclose@citvofokeechobee.com> Sent: Thursday, June 18, 2020 2:31 PM To: Nancy H. Nicole <Nancy.Nicole@gray-robinson.com> Subject: Fine Reduction Request Form This message originated outside of GrayRobinson. Mrs. Nicole, Here is the fine reduction request form you requested. I will also e-mail our city attorney and see if we can come up with a way to resolve this issue without y'all coming to a hearing. Please try to contact her as well. Her info is as follows: Carlyn Kowalsky (561) 982-7114 / E-Mail is ckowalsky@nasonyeagercom Thank you, Melissa Close City of Okeechobee Code Enforcement Administrative Secretary (863)763-2626 Extension 9802 Fax (863) 763-7804 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 7018 1130 0001 8957 0139 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature X�-�--� B. Received by (Prints N i Spirit -.CV Okeechobee F1 LLC %CV5*3237-01/OCC EA -Dept 1 CVS Drive Wo - cket, RI 028956146 (dress dif delivery ,Z1 Agent O Addressee C. Date of Delivery NO 0 4 2019 n item 1? ❑ Yes below: O No II I'lllll IIII'I I II III I'I'I II III III II I I I I III3. service iYPe ❑ Priority Mail Express® El ❑ Adult Signature ❑Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 5044 9092 4556 65 0 Certified Mail@ Delivery ❑ Cem— Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 11 Signature Confirmn1 rnTM ❑ Insured Mail ❑ Signature Confir- Nl 013 9 Mail Restricted Delivery Restricted Deliv� 00) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i 2. Article Number (Transfer from service label) 7018 1130 0001 8957 City of Okeechobee Code Enforcement 50 SE 2"d Ave — Okeechobee, FI. 34974 863-763-9795 863-763-7804/Fax Spirit CV Okeechobee FL LLC %CVS #3237-01/OCC Exp Dept 1 CVS Drive Woonsocket, RI 028956146 To Whom it May Concern, Date: October 30, 2019 We appreciate you bring your property into compliance, but this does not cancel the Code Enforcement Lien on the property stated above. As you are aware at the February 2018 Code Enforcement Meeting, you were found in violation of Ch 30 Sec 30-43 Public Nuisance, Ch 30 Sec 30-44 General Cleaning & Beautification & Ch 90 Sec 90-531 General Landscaping. The Code Board imposed a fine of $50.00 a day. The fines of $50.00 a day started on March 19, 2018 and ran until July 22, 2019 at that time you came into compliance. The balance due on this property is $24,55000. 1 would like to get this issue resolved and file a satisfaction of lien for this property. This has run well over 90 days and I would like to give you a chance to make a payment before I start the foreclosure process. You can also call us if you would like to come in front of the Special Magistrate and ask for a fine reduction, and we will get you on the next regular schedualed agenda. We meet every second Tuesday of the month. You can make a payment at/or mail to the City Police Department at the above address, by a check or money order made out to the City of Okeechobee. Or you can go to the Okeechobee City Hall and see Kim Barnes to make payment. Please reference the above case number on the memo. Sincerely, s ikLc�o�O-Q— Melissa Close Administrative Secretary City of Okeechobee Code Enforcement 7018 1130 0001 8957 0139 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature x day B. Received by (Printed h Spirit..CV Okeechobee FJ LLC %CV5.-#3237-01/OCC E .Dept - 1 CVS Drive "` Wo WOcket, RI 028956146 idress dif delivery /l Agent ❑-Addresse C. Date of Deliver n item 1 ? ❑ Yes below: ❑ No 3. Service Type ❑ priority Mail Express® t� I I �I tl�l'I I II II II� I�I I! I I I t f II ❑ Adult Signature O Registered MaiITM l�I�III� ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict 9590 9402 5044 9092 4556 65 0 Certified Mall® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Arlicle Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation' ❑ Insured Mall ❑ Signature Confirmation fp r- 7018 1130 0001 8 9 S 7 0139 Mail Restricted Delivery Restricted Delivery _ PS Form 3811, July 2015 PSN 7530-02-000-9053 DomPstir_. Ratiirn Recejr City of Okeechobee Code Enforcement Department In Re: The Matter of Spirit CV Okeechobee, FL LLC, Case No. 17-039 Respondent Lien Reduction Stipulation 1. On December 7, 2017, the City first issued a Notice of Violation to Respondent, Spirit CV Okeechobee, FL, LLC, for violations of the Code of Ordinances resulting from overgrown vegetation and yard trash at Respondent's property located at 106 N Parrot Avenue, Okeechobee, Florida, which is leased to and operated by CVS. 2. On February 16, 2018, the City issued a Lien/Order against Respondent for violations of the Code of Ordinances, Section 30-43 Public Nuisance, Section 30-44 General Cleaning, and Section 90-531, General Landscaping. 3. On October 30, 2019, the City sent a letter to Respondent stating that, although the property is now in compliance, $24,550 is due in fines for past violations. 4. Respondent requests that the lien be reduced to $12,275, which is 50% of the original fine for the reasons stated in the letter attached and incorporated into this Stipulation as Exhibit A. 5. Respondent wishes to settle this matter and Respondent's attorney has requested that he be allowed to appear at the Code Enforcement Magistrate hearing, if required, via telephone or other communications media technology as a result of health conditions creating greater susceptibility to the existing COVID-19 pandemic. 6. City staff agrees that Respondent has demonstrated good cause for the lien reduction and recommends that the City accept Respondent's request for lien reduction. 7. City staff will present this matter to the Code Enforcement Magistrate at a regularly scheduled code enforcement hearing and will present it to the City Council at a regularly scheduled City Council meeting following the Code Enforcement Hearing, with the recommendation to approve this stipulation with the requirement that the: reduced lien amount be paid to the City within 60 days of the City Council meeting. Page 1 of 2 Respondent, Spirit CV Okeechobee, FL, LLC: Signature Print Name Title Date The foregoing instrument was acknowledged before me before me by means of ❑ physical presence or ❑ online notarization, this day of 2020, by ❑ who is personally known to me, or ❑ who has produced as identification. Notary Public Name typed, printed or stamped My Commission Expires: City of Okeechobee Signature Print Name Title Date Page 2 of 2 MapPrint_Okeechobee-Cots Property-Appraiser_9-13-2019 Page 1 of 1 I , • . j +� N'P; 3F'U T NE 3R6 ST „ �, ... � � _ �. • r., Ply" �~r) •'� t t 1 #r F �' • r- � . a r, IIF---N m r � ' AA a� ILI SF T P r!� y AIA - M1'� •w cq,e.. - , • .. t , y ° PtiRH. ;T r 4_ +♦ i `� Ir.�r�►a�a-�:,i�ig�� O r •.,- roe ',. - I ♦ A A 0 130 1-6fl 390 5^_0 650 -d0 010 1040 1170 1300 ft Okeechobee County Property Appraiser Mickey L. Bandi i Okeechobee, Florida 1 863-763-4422 PARCEL: 3-15-37-35-0010-01540-0010 1 STORES/1 S (001100) 1 1.71 AC NOTES: CITY OF OKEECHOBEE LOTS 1, 2, 3 & 6, BLOCK 154; TOGETHER WITH A PORTION OF THAT CERTAIN ALLEY IN BLOCK 154, RUNNING N & S, BOUNDED BY LOT 3 ON THE E & SPIRIT CV OKEECHOBEE FL LLC 2019 Preliminary Certified Values Owner: % CVS #3237-01/OCC EXP DEPT Mkt Lnd $744,923 A 1 CVS DRIVE Appraised $1,591,869 WOONSOCKET, RI 028956146 Ag Lnd $0 Assessed $1,591,869 Site: 106 N PARROTT AVE, OKEECHOBEE Bldg $650,303 Exempt $0 _ Sales 7na/2013 $0 I(U) XFOB $196,643 county: $1,591,869 Info 1/13/2006 $6,270,000 1(U) Just $1,591,869 Total city:$1,591,869 8/4/2000 $499,000 1(U) Taxable other: $1,591,869 school: $1,591,869 Okeechobee County, FL This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the govemme7al purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, aye provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraisers office. GrizzlyLogic.com ,� , J f,4 http://g4b.okeechobeepa.com/gis/gisPrint/ 9/13/2019 September 12, 2019 MEMO Re: project status Marcos: Regarding your email yesterday, I would like to start with an explanation of F.S. 162.09 concerning foreclosure of code board liens. The statute specifically permits the code board to "authorize" the attorney to commence foreclosure, or file a lawsuit for money damages, once a lien reaches 90 days. We have always let the city council make that decision however. As the definition of to authorize is "...to endorse, empower or permit.." (Websters), when the city council "authorizes" commencement of a foreclosure, that is not a directive or order from the council, as some seem to believe. It means permission to act. A city attorney or any attorney for that matter, is governed by the Florida Bar. The ethics of pursuing legal action directs that an attorney evaluate a claim to determine the most viable method to accomplish results in his or her professional judgment, and it is within the discretion of an attorney to make that decision. Further, if legal action other than filing a foreclosure obtains the desired results, even though the filing of a suit is authorized by the council, that is also within an attorneys discretion. The foundation of legal representation is the trust the client has in the attorney's representation. In reference to your email: I. Mott foreclosure on SW 5th Av.: The suit is filed, and the next step would be to generate a legal ad for the newspaper, which incurs another expense over and above the $900 for filing fees. You will note that I quit billing the city for attorney fees for these suits long ago. As I mentioned previously, Noel Chandler expressed an interest in obtaining the property last December. He contacted me in August indicating he had reached an agreement with the occupant to purchase the property and demolish it. To do that, a probate action would have to be filed, and I agreed to do that for him as a private attorney. There is no conflict of interest in doing so, as we both desire the same result, i.e. compliance. I have repeatedly advised that a foreclosure does nothing to remedy the code violation, it permits the property to be publicly sold, another process that adds 30-60 days before compliance can occur. If I proceed on the probate of Mrs. Motts estate, we can obtain compliance earlier, and without any cost to the city for the demolition. I believe this could be concluded by the end of October. 2. Primitive Baptist Church: I think all are aware of the tax certificate issues on this property, and the fact the Raulerson trust has no named trustee at this point. We would have a chance to obtain the property (not a guarantee) if we do the following: a. File suit under ch. 734, the trust statute, to have a successor trustee appointed, and Noel Chandler, heir of both Peter and Louisiana, agreed to accept this position. As trustee, he could then redeem the two tax certificates from 1 he tax collector, if the California company has not taken action to obtain legal title to the property. b. If that is successful, the City would have to file a quiet title lawsuit, in which a diligent search has to be made to locate all the heirs (a huge task) and run a legal ad notifying all potential heirs of our intent to obtain legal title to the property. The process could take several months, and a decision has to be made as to the costs of the litigations and cost to pay the back taxes. 3. School Resource Officer program: I met with Chief Peterson shortly after we approved the first SRO agreement, and it was his belief that the agreement was too complicated, and that current mutual aid understandings would suffice. I submitted a memo to the City in January 2019 that concluded while a mutual aid agreement may work, since the applicable statute requires local school boards to enter into an agreement, with law enforcement that our SRO should be agreed by both the board and the sheriffs office. Although the program is proceeding and working well, I still believe we should not depend on the existing mutual aid agreement. Since then I have not received any direction or request to prepare another agreement. 4. CVS code lien: At the time the city authorized a civil suit to collect the money owed on the lien, you will recall I thought the suit should be filed as the best way to get their attention and address the code violation. Well, shortly thereafter CVS came in and re -did their landscaping somewhat, mulched and cleaned up the property. Fred said that brought them into compliance, which was the ultimate goal. We sent them a notice in July that the property was in compliance, but to contact us regarding the outstanding lien $, which does not go away just by coming into compliance, as well as a way to request fine reduction, but they apparently have not replied according to Fred. Therefore it appears again the only way to get their attention is to proceed on the suit. Janice Greenberger: I have received and reviewed the correspondence Janice has sent, and regarding the first letter back in May, I was not aware there was any conflict with the City. have no knowledge of the SW Park street matter, but am familiar with the 300 N. Parrott property. The documentation goes back to at least 2003, and Janice has always been aware the building does not meet setback requirements, and that it cannot comply with parking regulations since I'm told it is on septic, and that cannot be paved over for parking. Once I looked into it in May, we located a building permit with certification by an engineer back in 2003 whereby they addressed the foundation issues and apparently fixed that. If anyone at the City has informed prospective purchasers that the building cannot meet code 1 am not aware of that, but the other issues set forth above, must be addressed. I believe Marcos informed her we could get around the setback issue, and possibly use some on street sites for a space or two. Ultimately, I believe that in order to pave the East end of the property for parking, they would need to get off septic, and hook up with OUA, IF that is possible, as have not inquired of OUA. JCook City Attorney Code -Violation /Notice to Appear Report 0 i ite of Infraction: 7 Case # Property Owner: �� %� ' v 6 /n Fe4 d L Contact Person: Phone # Date Contacted: How Contacted: Location of Violation: &), ',jD0PR(20 —17— MailingAddress: � �/�sxt32-37 -Uf lO ' L X,eo I ilk= l-�X'6�SGyC%CG-Tj l�•C3�c�5-{0l�{,� Lot(s): ,f- 6 Block: sN Section: ('; t4 Parcel # _ l :�-7-35-c C-j o - 01o— Go to Violation: #1 Disabled Vehicle 42 ► Untended Vegetation #3 V�_ General Cleaning 44 ✓ Public Nuisance 95 Notes About Violation: Building Department #6 Public Works itice of Violation Mailed: `__' �� Received Notice to Appear Mailed: Inspected Finding Received Notes: Hand Delivered Posted Hand Delivered Posted Fl- Date in Compliance: Ij '? /aLlq Pro -Active Reactive r P p�� CITY OF OKEECHOBEE CODE ENFORCEMENT Case: # 17-039 Name: Spirit CV Okeechobee FL LLC Property Location: 106 N Parrott Avenue Code Board Action: Imposed a fine starting 3/19/2018 @ $50.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44- General cleaning; & Ch 90 Sec 90-531 General Landscaping . Accrual of Fine: Mar Apr = c30 �Tajj = 3 I May= -31 June = o� ro Q 2D TOTAL =.4Q I dais AC� I a0-k) �6D 00 Date of Compliance: 9_ Q_ gDjq 6/18/2019 Mail - Fred Sterling - Outlook CVS Citation, Notice of Violation, Notice of Hearing, etdc Nancy H. Nicole <Nancy.Nicole@gray-robinson.com> Tue 6/18/2019 12:34 PM To: Fred Sterling<fsterling@cityofol<eechobee.com> Please send to me via email all documents related to this: • NOV • NOH • Hearing Results • Recorded Lien Thank you. Nancy H. Nicole I Paralegal GRAY RiiiB!N�;O Mizner Park Office Tower 1 225 N.E. Mizner Blvd., Suite 500 1 Boca Raton, Florida 33432 T:561-368-38o8 I1*' 561-368-4008 E--mail I Webs to vLdz` Laceb041r I 1-hilie(ffY.l I lwi_I:ter This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or parry, that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, A U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney -client relationship with the sender. Send Result Report 19K901EM MFP ECOSYS M,,� Firmware Version 2NM2000.002.202 2014.10.22 E 2NM 1000.006.0021 [2NM1100.001.0041 12 0Z xE Job No.: 025344 Total Time: 0'05'08" Page: 016 Complete Document: doc025344,201906181so3o8 0 0 City Of 0 keechobcw F-".-- TRANSMISSION SHEET TO F-AYX NUNMER: No. Date and Time Destination UU1 Ub/ib/19 15:03 lS613684008-.77a Times Type Result 0*05'08" FAX OK Resolution/ECM 200x100 Normal /On 6/24/2019 Mail - Fred Sterling - Outlook RE: CVS Store #3237 Nancy H. Nicole <Nancy.Nicole@gray-robinson.com> Mon 6/24/2019 2:31 PM To: Fred Sterling <fsterling@cityofol<eechobee.com> Hello again (Fred; hope your Weekend Was nice., Will your send ewe lion reduction request form(O and instructions? I could not find them onilne: thank you: TO f8wh me bV p "@ fir the week of ►u+ne 241i'k; ple&e Oil 7614111 of diced A 9543711=7831, Nancy H. Nicole I Paralegal GRAY IROBINSGN Mizner Park Office Tower 1 225 N.E. Mizner Blvd., Suite Soo I Boca Raton, Florida 33432 'T. 561-368-38o8 I F- 561-368-4008 2 13�47i. I Website I 'yCard _t;��ceileir;l:'. I �,iiikQrlls� I "C_�k_itE��• From: Gary Resnick Sent: Friday, May 24, 2019 12:03 PM To: tistal Ilk Subject: CVS Store #3237 Fred 0061Z.517,0I4i Thank you again for speaking with me about the CVS. As I indicated, we represent this CVS with respect to the code enforcement issues and will be assisting it with coming into compliance, scheduling inspections and seeking relief with respect to the lien. As we discussed, please send me your file showing the violations and orders that have been issued, and what CVS needs to do to come into compliance. If you have any questions, please do not hesitate to contact me. Thanks for your assistance and enjoy the holiday weekend. Gary Gary Resnick I Shareholder GRAY I K-Go-! N&Gm Detail by Entity Name Florida DePa invent of State Detail by Entity Name Foreign Limited Liability Company SPIRIT CV OKEECHOBEE FL, LLC Filing Information Document Plumber M06000000145 FEI/EIN Number N/A Date Filed 01/10/2006 State DE Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 07/29/2013 Event Effective Date NONE Principal Address 2727 N. Harwood Street Suite 300 Dallas, TX 75201 Changed: 04/13/2018 Mailina Address 2727 N. Harwood Street Suite 300 Dallas, TX 75201 Changed: 04/13/2018 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 11/13/2007 Address Changed: 11/13/2007 Authorized Persons Derail Name & Address Title Manager Page 1 of 2 DIVISION OF CORPORATIONS SPIRIT SPE MANAGER, LLC Detail by Entity Name 1-6. Department of it—. 0,"j on of �Orpo2licf;5 Page 2 of 2 2019 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# M06000000145 Entity Name: SPIRIT CV OKEECHOBEE FL, LLC Current Principal Place of Business: 2727 N. HARWOOD STREET SUITE 300 DALLAS, TX 75201 Current Mailing Address: 2727 N. HARWOOD STREET SUITE 300 DALLAS, TX 75201 US FEI Number: NOT APPLICABLE Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US FILED Apr 12, 2019 Secretary of State 4507222807CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail ; Title MANAGER Name SPIRIT SPE MANAGER, LLC Address 2727 N. HARWOOD STREET SUITE 300 City -State -Zip: DALLAS TX 75201 Title VP — TAX Name GOLDEN, PAM Address 2727 N. HARWOOD STREET SUITE 300 City -State -Zip: DALLAS TX 75201 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida statutes; and that my name appears above, or on an attachment with all other litre empowered. SIGNATURE: SPIRIT SPE MANAGER, LLC MANAGER 04/12/2019 Electronic Signature of Signing Authorized Person(s) Detail Date 19910, 2019 Lake Okeechobee News City Council members vote to take CVS to co By Richard Marion Lake Okeechobee News Okeechobee City Council members voted in favor of City Attorney John Cook commencing legal,action against the CVS Pharmacy located at 106 N. Parrott Ave. CVS has racked up over $20,000 in fines over the course of a year for code violations related to failure to maintain the company's property. A year ago, in a Feb. 13 hearing, the city code board found Spirit CV Okeechobee FL LLC (the CVS property) in violation of city codes related to landscaping and public nuisance. The city code defines public nuisance as "the existence of excessive accumulation of litter or untended vege- tation, garbage, weeds, or other dead or living plant life; or places holdirestagnant water, and all other objectionable, unsightly or unsanitary matter upon any lot, tract of land within the city, whether uncovered or under shelter." City code also requires: "All owners of improved property shall cut and keep cut all weeds, grasses or undergrowth on the entire property, to a height not to exceed 8 inches. Also, all landscaping shall be trimmed and kept in a neat appearance so as not to adversely affect the aesthetic appearance of the property and adjacent properties." Around the same time last year, Wal- greens, located directly across from CVS at 100 N.W. Park St., was also found in violation of city codes relating to landscap- ing and public nuisance. Following that hearing, Walgreens installed irrigation and new landscaping to come into compliance with city code. CVS, however, did not. "Walgreens stepped up and replaced all their landscaping and put in irrigation so it would be maintained; CVS hasn't," said City Attorney John Cook at the May 7 City Council meeting. "We've been in touch with them over and over and over. I believe if we commence legal action, it will at least get their attention and get some response." According to Okeechobee Code En- forcement Officer Fred Sterling, the local management at CVS report that their district managers are aware of the fine but have chosen not to respond. The aesthetics of the City of Okeechobee often come up in debates about attract- ing new businesses and residents to the area. During a political forum in 2018, Okeechobee County Commissioner Terry Burroughs addressed the issue directly. "We've had a lot of conversation relative to code enforcement " said Commissioner \Teen arrested on felony charges for fourth time in a year By Cathy Womble Lake Okeechobee News An Okeechobee teen was arrested after a homeowner allegedly caught him and an accomplice in his garage and detained them until Okeechobee County Sheriff's Office deputies arrived. Sgt. Donald Ellis re- sponded to the homeowner's 911 call and found the homeowner standing in front of the garage while two other males sat on the ground in front of him. The homeowner said when he returned home after being gone for a short time, he noticed someone inside his garage. The door of the garage appeared to s. be damaged, he said, and was only opened about ^' halfway. He explained the lights from his car illumi- nated someone walking around inside the garage. Jacob Curtis He got out of his jeep and Lawrence confronted the suspect, and that was when he realized there was a second person in there as well, he said. He called 911 and had the two suspects wait until help arrived. The two suspects were identified as 20-year-old Kevin Lee Schick, North- west 87th Court, and 16-year-old Jacob Curtis Lawrence, Northeast Fourth Lane. Lawrence was dressed all in black Kevin Lee and carried a hat and a Schick small Flashlight, according to Sgt. Ellis' report. Both Lawrence and Schick were arrest- ed and charged with burglary of an unoc- cupied structure. Bond was set at $5,000 for Schick, but because Lawrence is a juvenile, he was transported to the Department of Juvenile Justice in Fort Pierce. This is not Lawrence's first brush with the law. He was arrested last May when he was 15 years old and charged with grand theft auto. In August 2018, he was arrested again and charged with unarmed burglary of a conveyance and, in September 2018, he was arrested and charged with burglary of a structure, grand theft of a motor vehi- cle and criminal mischief. Schick has no felony arrests on his record. American Legion hosts Quarters For a Cause Special to the Lake Okeechobee News OKEECHOBEE — American Legion Post 64 will host Quarters For a Cause to benefit Kyle Vericella on Tuesday, May 21, from 6 to 7 p.m. at the American Legion Post 64, 501 S.E. Second St. Arrest Report Arrest Report The following Individuals were arrested on felony or driving under the influence (DUI) charges by the Okeechobee County Sheriff's Office (OCSO), the Okeechobee City Police Department (OCPD), the Florida Highway Patrol (FHP), the Florida Fish and Wildlife Conservation Com- mission (FWC) or the Department of Corrections (DOC). • Brett Herbst, 21,.Northwest 90th Court, was arrested May 6 by OCSO Deputy Nathaniel Mitchell and charged with leaving the scene of a crash involv- ing bodily injury/Hit and Run. Bond was set at $15,000. • Jeffrey Hultman, 57, Northeast 82nd Avenue, was arrested May 4 by OCSO Deputy Jonathon Cove and charged with burglary with assault or battery. Bond was set at $20,000. Kyle was diagnosed with inoperable glioblastomia at the age of 18, just days before Christmas last year. He has been through chemo and proton treatments. Soon he will get an Optune cap that he has to wear 21 hours a day. Kyle and his family not only need our • Ryan Ramirez, 37, Northeast 70th Avenue, was arrested May 4 by OCSO Deputy Kenneth Hernandez and charged with aggravated assault with a deadly weapon and battery on a person 65 years old or older. Bond to be set. • Austin King, 22, Northeast Sixth Street, was arrested May 4 by a mem- ber of the Okeechobee Narcotics Task Force and charged with possession of methamphetamines, possession of drug paraphernalia and driving without a license. Bond was set at $5,000. • Adam Prince, 24, Vero Beach, was arrested May 4 by OCSO Deputy Steven Pollock and charged with DUI, driv- ing without a license with knowledge and possession of marijuana under 20 grams. Bond was set at $1,500. • Ryan Euard, 27, Southwest 10th Street, was arrested May 4 by OCSO Deputy Brian Cross and charged with financial help, but Kyle needs our prayers as he fights his fight with brain cancer. Come out and wear gray in support of brain cancer to be entered into the special raffle provided by Kathy from Pampered Chef. If you make a purchase from one of the vendors while at the auction, you will possession of a new legend drug with- out a prescription, retail theft, battery of a law enforcement officer, resisting an officer without violence and possession of drug paraphernalia. He was released on his own recognizance. • Shane Jensen, 22, Largo, was arrested May 3 by OCSO Deputy Ashley Waskiewicz and charged with aggravat- ed battery on a law enforcement officer and battery on a law enforcement officer. Bond to be set • Ozmam Robles, 22, Northwest Fourth Street, was arrested May 3 by OCSO Deputy Justin White and charged with unarmed robbery, battery touch or strike, false imprisonment and hinder- ing or delaying communication with law enforcement. No bond. • Ernie Higginbotham, 42, Southeast 86th boulevard, was arrested May 3 by OCSO Deputy Shane Bogner and charged with failure to report change get a ticket into the 50/50 raffle. These ven- dors support the charities, and it's appreci- ated when you support the vendors. If you would like to make a donation of an item to be raffled or give a monetary donation on behalf of Kyle, please contact Janice Pietro at 561-310-3285. of address and failure to register. Bond was set at $10,000. • Willair Stfort, 19, Naples, was arrested May 3 by OCSO Deputy Shane Hayles and charged with two counts of harassing in a first degree felony hear- ing and one count of battery touch or strike. Bond was set at $51,500. • Rudy Chavez, 24, McArthur Dairy Road, was arrested May 7 by OCSO Deputy Francisco Hernandez and charged with home invasion without a firearm, battery touch or strike, oper- ating a motor vehicle without a license and hindering or delaying contact with law enforcement. Bond to be set. This column lists arrests and not con- victions, unless otherwise stated. Anyone listed here who is later found innocent or has had the charges against them dropped is welcome to inform this news- paper. The information will be confirmed and printed. Burroughs. -''If the environment doesn't look nice, people will not come and open up a business." With its central location at the main in- tersection of Okeechobee, the CVS property plays a crucial role in how both residents and visitors view the city. "1 did mention to the local manager while I was in the store that this issue was going to be on our agenda," said Okeechobee Mayor Dowling Watford shortly before city council members voted. "I thought it was fair to let him know. He responded that CVS does not let him take care of those things. He told me that the . regional manager would be there the next day and he would let him know. Obviously, they weren't that concerned about it" The city council voted unanimously in �:7 favor of the motion Ul 6 CITY OF OKEECHOBEE CODE ENFORCEMENT Case: It 17-039 Name: Spirit CV Okeechobee FL LLC Property Location: 106 N Parrott Avenue Code Board Action: Imposed a fine starting 3/19/2018 @ $50.00 per day for code violations Ch 30 Sec 30-43 Public nuisance & Sec 30-44 General cleaning_& Ch 90 Sec 90-531 General Landscapin& . Accrual of Fine: Mar = 0 Apr = c3O May = 31 June = Nov -�5v p - (31 TOTAL = Date of Compliance: gA 3�� i 0aa/UUi;V 0-039 Patty Burnette FILE COPY From: Jeff Newell owS PhC>LrMabt- Sent: Monday, April 15, 2019 8:17 AM To: Patty Burnette Subject: FW: CVS - City of Okeechobee Site From: Marco:= Montes De Oca<mmontesdeoca@cityofokeechobee.com> Sent: Thursday, April 11, 2019 4:16 PM To: mvudova@mas-env.com Cc: Robin Brock<rbrock(a@cityofokeechobee.com>; Robert Peterson <rpeterson@citvofokeechobee.com>; Jeff Newell <jnewell@citvofokeechobee.com>; Fred Sterling <fsterlinB@citvofokeechobee.com>; 'John Cook' <ircook1648@ya hoo.com> Subject: CVS - City of Okeechobee Site M a riya, I appreciate you contacting our office and submitting the site plan for the proposed remediation on the CVS site. We appreciate you and FDEP working on cleaning this site, environmental concerns are needed to be resolved. However, this site currently is out of compliance on a code enforcement violation, with no response from the property owners. This violation has been ongoing and began over a year ago. Again, due to the lack of response by the owner, a daily fine is in place. Building permits typically are held until the site has come into compliance. We would like to resolve the scenario as quickly as possible. Please let me know if there is anything we can do to assist you and continue to work with you to clean this area. Thank you for speaking with us today. Marcos Marcos Montes De Oca, P.E. City Administrator City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 (863) 763-3372 ext. 9812 Cell: (863) 801-0177 fax: (863) 763-1686 E-Mail: marcos@citvofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are 1 Jeff Newell From: Mariya Yudova <myudova@mas-env.com> Sent: Tuesday, April 9, 2019 3:18 PM To: Jeff Newell Cc: Tom Bennett Subject: Exxon Okeechobee CVS: 106 N Parrott Ave, Okeechobee Attachments: Additional drawings.pdf Mr. Newell, Please find the attached additional drawings for the proposed location of the system. As discussed, the system will be on site only 30 days at a time. We are intended to complete these remedial events on episodic basis, 2-3 episodes per year at maximum. We would utilize a chain link fence to restrict public access to the system and the power outlet. The fence will have signs as well. Please let us know If you have additional questions, I am copying Tom Bennett, he is a senior engineer and PE on this project. Thank you Mariya Yudova Project Engineer MAS Environmental, LLC 1704 W Grace St Tampa, FL 33607 Cell: 813.810.4595 Office: 813.658.8823 eat. 103 Fax:888.694.2822 e-mail: myudova@mas-env.com 1 I D 0 m c CD a LEGEND ONESTORY - - BUILDING ' , ' U OVERHEAD UTILITY LINE - . + ® STORMWATER INLET - - - -' -" - - MONITORING WELL LOCATION MW-7R AND DESIGNATION (R = RE -DRILLED) - - - 0 ® DEEP MONITORING WELL : ASPHALT 0 DW-1 R LOCATION AND DESIGNATION ABANDONED MONITORING WELL PROPERT MW-11R LOCATION AND DESIGNATION ASPHA / BOUNDARY AIR SPARGE WELL LOCATION AND U— AS-6 DESIGNATION M HORIZONTAL SOIL VAPOR EXTRACTION FORMER np . SVE-X SVE-1 LOCATION AND DESIGNATION p,- VV AS I ✓' — p I (j) VERTICAL SOIL VAPOR EXTRACTION 0 co OIL TANK }I SVE-2 LOCATION AND DESIGNATION z I �` '� �! ]BUILDING .PJ' EXISTING UTILITY POLE ABOVEGROUND -oi 0H- POWER LINE (EXISTING) z PROPOSED ABOVEGROUND FORMER !n TEMPORARY SINGLE PHASE LINE t_- - --` UST AREA ONE 0 z i o PROPOSED TEMPORARY POWER \ POLE (SPACED MAX 60') FORMiER PUMP ISLAND(s) I MW-1 I i AS16 AS-3 i AS4 cS' MWT15 c9i0�i i SVE 2 -19 MW-141® SVE. G r--_- __--- iASL5 C1` SVE-X ` _ DW-1R ..`•AS-2,"56 MW-7R ASPHALT -__----------------F_ - 0 N.E. PARK STREET (STATE ROAD 70) 0' 0' APPROXIMATE SCALE III =50' FORMER OKEECHOBEE EXXON 106 N PARROTT AVE. wits OKEECHOBEE, OKECHOBEE COUNTY, FLORIDA SITE MAP rltqiunt PROJECT NO. EN FIROMMENTAL, LLC FDEP FAC. ID. NO.:47/8630259 M50324.02 oF,oK c�c�' FFoy -�• `-� � _- �o •"�� .�� * i BUILDING PERMIT APPLICATION Curren Edition Florida Building Codes Revised: 7/7/17 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 X9821 Fax: 863-763-1686 Website: ci ofokeechobee.com Fees Office Use Only Building $ Date Received Date Issued Permit # Received of Electric $ Plumbing $ *Effective July 1, 2017 the City of Okeechobee is required to collect a surcharge of 2.5% on all building permits (minimum $4). They are State required fees to Rind DCA and DBPR programs. HVAC $ Plan Review $ Other $ Sub Total $ Check # Cash _Date Receipt # Signature DCA $ FOR INSPECTIONS CALL BY 4 P.M., 24 HOURS NOTICE REQUESTED DBPR $ Total $ Owner Information Owner Spirit CV Okeechobee FL LLC Contractor Information Qualifier N. Plough Lessee _Bradley Company ABP Electric, Inc. Mailing Address 1 CVS Drive City Woonsocket State RI Zip 028956146 Home Phone �_) Work Phone ( ) Cell Phone Signature Address 8717 Park Byrd Road City Lakeland State FL Zip 33810 Phone 8( 63) 816-7313 Cell Phone 8( 63) 581-7879 License No. E 13001879 Signature �� 4 � Sub Contractor in rmation�quired. See additional form Residential ❑ Commercial XIndustrial ❑ Project Information: Electric Service: Water Supply: Phase 1 Well ❑ Project Description: Living Area Size Private ❑ Install 100 amp 1 Phase overhead Porch/Covered Entry Garage/Shed/Storage Square Footage Total: CBS ❑ Frame ❑ Steel ❑ Manufactured Home ❑ Estimated Cost S 1,200.00 AMPS 100 OH/UG OH HVAC: G or EL Gas: Public ❑ Sewer: Private ❑ Public ❑ Flood Zone: metered service pole for Remedial o Pilot Test Trailer for FDEP. Project Address: 106 N. Parrott Ave. Parcel ID: 3-15-37-35-0010-01540-0010 If exceeds $2500.00, a recorded Notice Natural ❑ Propane ❑ Subdivision: Block 154 Lot 3 Zoning of Commencement is required. Setbacks: Front Rear Side Provide Finished Floor Information for all Structures and Additions that can be Inhabited or Occupied. Finished Floor Certification or FEMA Elevation Certificate Required to obtain Certificate of Occupancy. Proposed Finished Floor Elevation: Base Flood Elevation: Crown of Road Elevation: The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permit. Failure to comply may result in suspension or revocation of this permit or other penalty. Applicant understands that the issuance of the permit creates no legal liability, expressed or implied, of the Department, Municipality, Agency or Inspector. ***************************************WARNING TO OWNER******************************************** YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. *****************************ATTENTION BUSINESS OWNER/LESSEE************************************** NEW OR RELOCATED BUSINESSES ARE REQUIRED TO APPLY FOR A NEW BUSINESS TAX RECEIPT (BTR). PLEASE CONTACT THE FINANCE DEPARTMENT FOR ADDITIONAL DETAILS. Date Jackie Dunham From: Brad Plough <abpelectricl@verizon.net> Sent: Tuesday, April 09, 2019 11:18 AM To: Jackie Dunham Subject: RE: Electric for TPole 106 N Parrott Av - Remediation project Attachments: City of Okeechobee Permit Application.pdf, City of Okeechobee -Contractor Form.pdf; 100 Amp 1Phase Overhead Service with (2) 50 amp weatherproof receptacles. b m p; Site Plan-106 N. Parrott Ave., Remediation.pdf Hi Jackie — Please see the attachments for this project. Please let me know if you need additional information. Thank you, I© Brad Plough ABP Electric, Inc. 8717 Park Byrd Rd. Lakeland, FL 33810 863.816.7313 office 863.581.7879 mobile 863.853.2694 fax abpelectricl @verizon.net From: Jackie Dunham[maiIto: idunham @cityofokeechobee.com] Sent: Friday, March 29, 2019 1:49 PM To: abr)electricl@verizon.net Cc: Jeff Newell <jnewell@cityofokeechobee.com>; Patty Burnette <pburnette@citvofokeechobee.com> Subject: Electric for TPole 106 N Parrott Av - Remediation project Please see the attached forms required for permitting. As discussed, you will submit a site plan and a diagram of the riser. I'm also attaching a pdf of the property so you can see it. If you need additional information please contact me. iack,6&-0Wtil� Aci,mu.s�oEUve/Secretary City of Okeechcbee- 55 SE T'h, rd/Avevu & OkeeduAve,, FL 34974 863 -763 -3372 (Madvv) 863 -763 -9821 (D%rect) 863 -763 -1686 (Fax) idunham@cityofokeechobee.com Website: http://www.ciiyofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. I h & /Lf C--- �1) / 4:-[-' 0 6�,t Jackie Dunham (, (�U-AJ)(j /� j [� �/ L,�� ''QC — From: Jackie Dunham Sent: Friday, March 29, 2019 1:48 PM To: 'abpelectricl@verizon.net' Cc: Jeff Newell; Patty Burnette Subject: Electric for TPole 106 N Parrott Av - Remediation project Attachments: Building Permit Application 7-7-17.pdf; New Contractor Form 3-20-17.pdf, NOC 3-5-18.pdf, 106 N Parrott Ave.pdf Please see the attached forms required for permitting. As discussed, you will submit a site plan and a diagram of the riser. I'm also attaching a pdf of the property so you can see it. If you need additional information please contact me. 114 - ja c4el'D u4111.a m. Adhvb&n s-troc 'we1Sectretc y CXy of ok,?,e�ee- 5 5 SE 77u rd/Ave v ce• okeechoL,ee,, FL 34974 863 -763 -33 72 (Ma.wv) 863 -763 -9821 (-DLYect) 863 -763 -1686 (Fax,) idunham@cityofokeechobee.com Website: http://www.ciiyofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. 1 1 6 AL PA IT y 9 � JJJ��GG4 E r IJ 1. .r ice' A - ' - t LL u 53 105 159 2 C 265 318 371 4^_4 477 no H Okeechobee County Property Appraiser Mickey L. Bandi ( Okeechobee, Florida i 863-763.4422 PARCEL: 3-15-37-35-0010-01540-0010 1 STORES/1 S (001100) 11.71 AC NOTES: CITY OF OKEECHOBEE LOTS 1, 2,3 & 6, BLOCK 154; TOGETHER WITH A PORTION OF THAT CERTAIN ALLEY IN BLOCK 154, RUNNING N & S, BOUNDED BY LOT 3 ON THE E & SPIRIT CV OKEECHOBEE FL LLC 2018 Certified Values Owner: %CVS #3237-01/OCC EXP DEPT Mkt Lnd $744,923 Appraised $1,457,008 1 CVS DRIVE Ag Lnd $0 Assessed $1,457,008 WOONSOCKET, RI 028956146 Bldg $588,896 Exempt $0 Site: 106 N CARROTY AVE, OKEECHOBEE XFOB $123,189 county:$1,457,008 Sales 7/18/2013 $0 I (U) Just $1,457,008 Total city:$1,457,008 1/13/2006 $6.270,000 I(U) Taxable other:$1,457,008 Okeechobee County, be ty, FIL Info 814/2000 $499,000 1(U) school:$1,457,008 This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or Implied, are provided for the accuracy of the data herein, It's use, or it's interpretation. Although It Is periodically updated, this Information may not reflect the data currenNy on file In the Property Appraiser's office. GrlalyLogic.com " O F ' O;rF�o y m u. Rt O__ `c1915 Cloty `LO kee11 11J obee FAX TRANSMISSION SHEET DEPARTMENT: FAX NUMBER: -- -) (,.-: ,.�� -- "�•� �. FROM: FRED STERLING, CODE OFFICER DEPARTMENT: OKEECHOBEE CITY CODE ENFORCEMENT FAX NUMBER: 863-763-4489 NO. OF PAGES r INCL. THIS PAGE: I SUBJECT: PLEASE CALL (863) 467-1586 IF ANY TROUBLE IS EXPERIENCED DURING TRANSMISSION Id C�ty of Okeechobee I code , • CASE # 17-00039 Spirit CV of Okeechobee FL 106 N Parrott Avenue Okeechobee, FL 34972 I hereby certify receipt or Notice of Hearing hand delivered by the City of Okeechobee Code Enforcement Officer. �11a Date Pgn 4- Recipi nt Signature '1 1 Dnyln�N�� PA-T ted Name § 90-513 OKEECHOBEE CODE (5) Use Not Specifically Listed: Loading spaces shall be the same as required (LDR 1998, § 480) or the most similar listed use. Secs. 90-514-90-530. Reserved. DIVISION 4. LANDSCAPING Sec. 90.531. Generally. Landscaping and landscape buffers shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 500) Sec. 90-532. Required landscaping. Following are requirements for the planting of trees and shrubs associated with development undertaken throughout the city. Landscaping ma- terial required under this section may be used to satisfy the requirements for landscaping in park- ing and vehicular use areas (section 90-533) and in landscape buffer areas (section 90-534). Individual single- No requirement family and duplex structures Multiple -family one Two trees per dwell - bedroom Mg Multiple -family two Three trees per dwell - to four bedrooms ing Mobile home park or Two trees per dwell - subdivision ing Adult/assisted living One tree per two facilities, nursing units or bedrooms home All other uses At least one tree and three shrubs shall be planted for every 3,000 square feet of lot area, excluding ar- eas of existing vege- tation which are pre- served. (LDR 1998, § 501; Ord. No. 1010, § 3, 2-19-2008) Sec. 90-533. Landscaping requirements for parking and vehicular use ar- eas. Except for those associated with an individual single-family or duplex structure, all vehicular use areas containing eight or more parking spaces, or containing an area greater than 2,400 square feet, shall provide perimeter and interior land- scaping as follows: (1) At least 18 square feet of landscaped area for each required parking space. (2) At least one tree for each 72 square feet of required landscaped area. (3) Shade trees shall be planted at no more than 20 feet on centers (4) A minimum two feet of landscaping shall be required between vehicular use areas and on -site buildings and structures, ex- cept at points of ingress and egress. (5) The minimum dimension for any required landscaped area within a parking or ve- hicular use area shalbe four feet except for that adjacent to on -site buildings and structures. (6) A landscaped island,. minimum five feet by 15 feet and containing at least one tree, shall be required for every ten parking spaces with a maximum of 12 uninter- rupted parking spaces in a row. (7) The remainder of a parking landscape area shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 502; Ord. No. 1010, § 4, 249-2008) Sec. 90-534. Required residential and non- residential buffer areas. For all development undertaken throughout the city, except for construction of an individual single-family or duplex structure, landscaped buf- fer areas shall be required within required set- backs and landscaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. Supp. No. 10 CD90:38.2 ZONING § 90-541 (2) At least one tree and three shrubs for (d) 'Dees and shrubs shall not be planted in a each 300 square feet of required land- location where at their maturity they would in- scaped buffer. terfere with utility services. (3) Trees may be planted in clusters, but shall not exceed 50 feet on centers abut- ting the street. (4) .The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 503; Ord. No. 1010, § 4, 2-19-2008; Ord. No. 1079, § 11, 1-17-2012) Editor's note —Ord. No. 1079, § 11, adopted Jan. 17, 2012, amended § 90-534 title to read as herein set out. Former § 90-534 title pertained to required landscaped buffer areas. Sec. 90-535. Reserved. Editor's note —Ord. No. 1079, § 11, adopted Jan. 17, 2012, repealed former § 90-535, and enacted a new § 90-535 as set out herein. Former § 90-535 pertained to nonresidential buffer regulations and derived from LDR 1998, § 504. Sec. 90-536. Planting in dry retention areas Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materials used are not adversely sus- ceptible to periodic inundation. (LDR 1998, § 505) Sec. 90-537. Protection of native vegetative communities and wetlands. (a) Native vegetative communities shall be pro- tected from adverse impacts of development. (b) Wetland buffers shall be at least 25 feet wide and shall be supplemented only with native trees, shrubs and ground cover. (LDR 1998, § 506) Sec. 90-538. Landscape design and plan (a) Proposed development, vehicular and pe- destrian circulation systems, and site drainage shall be integrated into the landscaping plan. (b) Existing native vegetation shall be pre- served where feasible, and may be used in calcu- lations to meet these landscaping requirements. (c) When more than ten trees are required to be planted, two or more species shall be used. (e) Trees should maximize the shading of pe- destrian walks and parking spaces. (f) Landscaping ground covers should be used to aid soil stabilization and prevent erosion. (g) Landscaping shall be protected from vehic- ular encroachment by means of curbs, wheel stops, walks or similar barriers. (LDR 1998, § 510) Sec. 90-539. Alternative landscape design and plan. (a) An applicant shall be entitled to demon- strate that the landscape and buffer requirements can be more effectively met by an alternative landscape plan. (b) Upon review and recommendation, the tech- nical review committee may approve an alterna- tive landscape plan. (LDR 1998, § 511) Sec. 90-540. Native drought tolerant plant materials required. (a) Plants required to be installed shall be elected. from the South Florida Water Manage- ment District's Xeriscape Plant Guide. (b) At least 75 percent of the total number of plants required shall be state native very drought tolerant species as listed in the South Florida Water Management District Xeriscape Plant Guide. However, when a landscape irrigation system is installed, at least 75 percent or the total number of plants required shall be state native moderate or very drought tolerant species. (c) Trees shall be at least ten feet high and two inches in diameter measured four feet above ground level at the time of planting. (LDR 1998, § 512) Sec. 90-541. Maintenance. (a) Sufficient topsoil and water shall be pro- vided during the plants' establishiaent periods to sustain healthy growth. Supp. No. 10 CD90:38.3 f-OKS C�ty of Okeechobee rcement Code Enfo ,17915, August 30, 2018 Spirit CV of Okeechobee FL C/o CVS E3237-01/OCC Exp. Dept. 1 CVS Drive Woonsocket, RI 02895-6146 Re: Case 417-039 CVS, 106 N Parrott Avenue, Okeechobee, FL Dear Property Owner: This letter is in reference to the Code Enforcement Board Order/Lien dated February 13, 2018 imposing a fifty dollar per day fine beginning March 19, 2018 for overgrown vegetation, dead shrubbery, debris/trash and general landscaping issues for store located at 106 N Parrott Avenue. On April 11, 2018 the Lien was recorded in Okeechobee County. The fine has now accrued for over riineiy (90) days and is continuing to accrue daily. According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the property to collect the fine. At this time no foreclosure action has been taken against the property. However, you should contact our office immediately in order to bring the property into compliance with City ordinances and stop the fine from accruing. The next regularly scheduled Code Enforcement Board meeting is September 11, 2018 at which time the Code Board could decide to -recommend foreclosure. Please contact me at 863-467-1586 to discuss this matter. Sincerely, J A�& ed Sterling Code Enforcement Officer (863) 467-1586 r%-rU .. Er OFFICIAL USE Certified Mail Fee tt rl $ Extra Services & Fees (check box, add lee as appropriate) E:3 ❑ Return Recelpt (hardcopy) $ Q ❑ Return Receipt(slectrunlc) $ Postmark C3 ❑ Certified Mall Restricted Delivery $ Here ) C3 ❑ Adult Signature Required $ []Adult Signature Restricted Delivery $ ` 0 C3 Postagerq 1171- $ ru Total Postage and Fees -0 $ r-1 Sent To LLC C3 Stieef an t. No or PC3 f ox No. - -- rl Complete items 1, 2, and 3. N Print your name and. address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SP14, IT CV OKEECHOBEE FL, LLC c/& S 43237-01/OCC EXP. DEPT. 1 UOS' DRIVE WOONSOCKET, RI 02895-6146 A. Signature ,PJ'Agent X 0. Addressee B. Received by (Printed Name) 0. Date of Delivery _� D. Is delive address different om item 1? ❑Yes If YES, enter delivery address below: I] No SEP 0 4 2618 3Service Type ❑ Mail Expre ss® ❑ Adult Signature ❑Registered Mail*" ❑ Adult Signature Restricted Delivery ❑Reistered Mail Restricted'•111111111111111111111111111111111111111111111111 DegveryCertified Mall® 9590 9402 4228 8121 3273 27 ❑ Certified Mail Restricted Delivery CI Return e Receipt e apt for El Collect on Delivery ❑ Signature ConflrmationT" 2. Article Number ransfer from service label ❑ Collect on Delivery Restricted Delivery g )__�_____ ,_. ❑Signature Confirmation cted Delivery Restricted Delivery 7 016 2 710 0000 1724 9977 I PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CItYo Okeechobee F M d� Sao Code Enforcement s *7915* August 30, 2018 Spirit CV of Okeechobee FL c/o CVS E3237-01/OCC Exp. Dept. 1 CVS Drive Woonsocket, RI 02895-6146 Re: Case #17-039 CVS, 106 N Parrott Avenue, Okeechobee, FL Dear Property Owner: This letter is in reference to the Code Enforcement Board Order/Lien dated February 13, 2018 imposing a fifty dollar per day fine beginning March 19, 2018 for overgrown vegetation, dead shrubbery, debris/trash and general landscaping issues for store located at 106 N Parrott Avenue. On April 11, 2018 the Lien was recorded in Okeechobee County. The fine has now accrued for over ninety (90) dys and is continuinja to accrue daily. According to Chapter 162 of the Florida Statutes the City possesses the ability to file a foreclosure action against the property to collect the fine. At this time no foreclosure action has been taken against the property. However, you should contact our office immediately in order to bring the property into compliance with City ordinances and stop the fine from accruing. The next regularly scheduled Code Enforcement Board meeting is September 11, 2018 at which time the Code Board could decide to recommend foreclosure. Please contact me at 863-467-1586 to discuss this matter. Sincerely, red Sterling Code Enforcement Officer (863) 467-1586 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 . (863) 467-1586 • Fax: (863) 763-4489 a ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X / r— / f Agent so that we can return the card to you.' ❑ Addressee ® Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delive address different om item 1? ❑ Yes If YES, enter delivery address below: 0 No SPIRIT CV OKEECHOBEE FL, LLC SEP 0 4 2618 C-X'S #3237-01/OCC EXP. DEPT. 1 CV:S DRIVE WOONSOCKET, RI 02895-6146 3. Service Type ❑ Priority Mail Expresso IIIII III II I IIII I I II II I I III II II I IIII I I ❑ Adult Signature ❑Registered MaiIT" ❑ Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 4228 8121 3273 27 ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM 7 016 2 710 0000 1724 icted Delive 9977 Delivery O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt °FKfF�yo CIty of Okeeclioloee F m . Code E-n rcement *1915* CASE # 17-00039 Spirit CV of Okeechobee FL 106 N Parrott Avenue Okeechobee, FL 34972 I hereby certify receipt of Notice of Hearing hand delivered by the City of Okeechobee Code Enforcement Officer. 113e Date 'DZU1.0-4- Recipi nt Signature Pr'nted Name 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 . (863) 467-1586 . Fax: (863) 763-4489 2018 News Local businesses cited for code violations. By Katrina Elsken Okeechobee News 1Wo businesses ° at the City of Okeechobee's main intersection of U.S. 441 and State Road 70 face fines for failure to maintain their properties. The Okeechobee CVS and Walgreens properties have both been found in violation of the city's codes. The city code defines public nuisance as "the existence of excessive accumulation of litter or untended vegetation, garbage, weeds, or other dead or living plant life; or places holding stagnant water, and all other objectionable, unsightly or unsanitary mat- ter upon any lot, track of land within the city, whether uncovered or under shelter." .. City code also requires: All owners of appears no one at the district or corporate board AAA announces contest for Special to the Okeechobee News TAMPA — AAA will give Florida eighth -graders the chance to go on the trip of a lifetime. The Auto Club Group will hold a contest where the winners receive free round-trip airfare to Amsterdam, travel insur- ance, money for passports and a river cruise through the Netherlands and Belgium. The Auto Club Group is partnering with AMA Waterways and Alfianz Global Assis- tance to provide the trip. A total of 60 stu- dents in select states will be chosen to go on what AAA calls the "Discovery Crew" cruise. The contest runs from Aug. 21 through Sept. 21. Students can enter at AAA.com/ DiscoveryCrew. To be eligible, students must be: • Entering the eighth grade in good standing; • At least 13 years old; • Reside in Florida, Georgia, Iowa, Mich- igan, Nebraska, North Dakota, Tennessee, Wisconsin or select areas of Illinois, Indiana or Minnesota; • Visit AAA.com/DiscoveryCrew to con- firm eligibility. Winners will be selected based on: • A creative selfie, showcasing their love for travel; and, • Thew answers to three essay questions: 1. Why do you want to go on this trip? on Top of the Job" Re -Roofing Specialists • Metal & Shingle Roofs • Flats & Leaks Repair suits t "'ect]"'n' 863.357-3838 improved property shall cut and keep cut all weeds, grasses or undergrowth on the entire property, to a height not to exceed eight inches. Also, all landscaping shall be trimmed and kept in a neat appearance so as not to adversely affect the aesthetic ap- pearance of the property and adjacent prop- erties." On Jan. 9, the city code board found Okeechobee Park Street LLUC (Walgreens) in violation of city codes related to landscap. ing and public nuisance, and imposed a fine of $50 per day until the violations come into compliance. As of Aug. 2, the accrued fine was $8,250. "The city has made personal contact with the store and/or district management on nu- merous occasions regarding this lien, but it 2. How do rivers affect the communities through which they run? 3. During the trip, you'll meet many peo- ple. In what ways do you expect the people you meet to be similar to and different from yourself and your friends and family?. Winners will be notified beginning in Oc- tober. Those students get to bring one parent or legal guardian to serve as a chaperone. Each pair will share a cabin while sailing on the AMA Waterways AmaDante" ship, from March 28 to April 4, 2019. "This is the first time AAA has held a con- test like this," said Deborah Haas, AAA -The Auto Club Group vice president for travel products and services. "We truly want to inspire young travelers and make the world their classroom. The winners will explore beautiful destinations in the Netherlands and Belgium, learn about the people and their culture and create memories that will last a lifetime. "AAA is extremely excited to co-sponsor the contest and trip," Ms. Haas continued. "This would not be possible without our travel partners AMA Waterways — who do- nated the cruise — and Alfianz Global As- sistance." Contest rules No purchase necessary. Legal residents of specific zip codes served by The Auto Club Group within the United States who are at office is willing to make an effort to resolve the compliance issue," wrote City Attorney John Cook in an Aug. 2 letter to the com- pany. "Under Florida Statute, if a lien remains unresolved in excess of 90 days, the city council may recommend that a lien fore- closure be filed in circuit court against the offending party. This time period has now elapsed, but further action has not to date been presented to the city council for con- sideration," Mr. Cook wrote. At this time the city will postpone fur- ther action for a period of 30 days to await a response. You are advised that even if the violations are resolved, the accrued mone- tary lien will remain in effect until paid, or a corporate representative appears at a code meeting to request a fine reduction," Mr. Cook wrote. In similar action, in a Feb. 13 hearing, the city code board found Spirit CV Okeechobee FL LLC (the CVS property) in violation of city codes related to landscaping/pubfic nui- sance. The accrued fine as of Aug. 2 was $6,850. This business was also given 30 days to respond to an Aug. 2 letter from the city at- tomey. "It may or may not be feasible for the city to file a foreclosure action, but it certainty would be embarrassing to the company if this action were to occur," wrote Mr. Cook. "This city would much rather have the store come into compliance with codes, as it would resolve the enforcement issue, and result in an aesthetic improvement to the., location." Florida elghth-graders least 13 years old and who are eighth -grade students in good standing at their school at the time of entry. Void where prohibit- ed. Contest ends 9/21/18. For official rules, prize descriptions, and eligible zip codes, visit AAA.com/DiscoveryCrew. Sponsors: The Auto Club Group, 1 Auto Club Drive, Dearborn, MI 48126; ArnaWaterways, 26010 Mureau Road, Calabasas, CA 91302; Alfianz Global Assistance (a brand of AGA Service Co.), 9950 Mayland Drive, Richmond, VA 23233. Okeechobee High senior photo sessions scheduled Members of the Okeechobee High School Class of 2019 should sign up online at pres- tigepodraits.com/fi for appointments for senior pictures. You can view this site to see your session options and answers to frequently asked questions. Seniors must have these pictures taken if they want to be in the OHS yearbook. Prestige Portraits will be on OHS campus on the following days: Aug. 15,1 p.m. to 8 p.m.; Aug. 16, 1 p.m. to 8 p.m.; Aug. 20, 1 p.m. to 8 p.m.; Aug. 21, 1 p.m. to 8 p.m.; • Aug. 22, 1 p.m. to 8 p.m.; and, • Aug. 23, 1 p.m. to 8 p.m. It is the responsibility of the student to set up an appointment. They can only photography 35 students each session. Students are encouraged to sign up early. Any questions, please contact Mr. Pung for further information at pungc@okee. k12.fl.us. Prestige Portrait Studio, 7707 S.W. Elipse Way, Stuart, can also be contacted at 800-749-2796 or 772463-0457. Roofing with the name you trust! ®G 4( licensed and Insured St uc. CCCO46939 Don't make a Mistake! Call Big Lake 863-763-ROOF (7663) US Ltm F-1 e Bobbie Jenkins From: Lane Gamiotea Sent: Tuesday, August 14, 2018 12:31 PM To: Bobbie Jenkins Subject: FW: Code Board Agenda for August Attachments: doc02O9O720180813151111.pdf; doc02O9O820180813151201.pdf; doc02090920180813151301.pdf Bobbie, please make a copy of this email as well as the attachments, to the appropriate file we have on these. They should also be scanned in to their respective LF lien files. Thanks Dane E2vnez�r- arMatem, CEIC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3d Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345 .�� •oF•Oyir�� _ PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. It you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Sue Christopher Sent: Monday, August 13, 2018 3:35 PM To: Jennifer Tewksbury Cc: Bobbie Jenkins; Lane Gamiotea Subject: RE: Code Board Agenda for August Notification of possible foreclosure on Walgreens, CVS, & Kemp (802 SW 2"d Ave.) From: Jennifer Tewksbury [mailto•jennifer@economiccouncilofokeechobee.org] Sent: Monday, August 13, 2018 2:44 PM To: Sue Christopher Subject: RE: Code Board Agenda for August May I request this letter please? From: Sue Christopher<schristopher@cityofokeechobee.com> Sent: Monday, August 13, 2018 2:21 PM To: Jennifer Tewksbury <iennifer@economiccouncilofokeechobee.org> Subject: RE: Code Board Agenda for August Attorney Cook gave me a letter that has been mailed to notify them of possible recommendation of foreclosure at 9/11/18 meeting. From: Jennifer Tewksbury [mailto:jenniferCcbeconomiccouncilofokeechobee.org] Sent: Monday, August 13, 2018 11:52 AM To: Sue Christopher Subject: Re: Code Board Agenda for August Hi Sue, Thanks for tracking me down! I was just about to email you my new email address. Thank you for the agenda. Question, is there a reason Walgreens and CVS aren't on the agenda? As an old business item or anything? Same question for 802 SW 2nd Avenue. From: Sue Christopher<schristopher@.Dcityofokeechobee.com> Sent: Monday, August 13, 2018 10:14:32 AM To: Jennifer Tewksbury Subject: Code Board Agenda for August Jennifer — I sent this to the email I had been using for you but it got returned. Is this the best email address for you now? Sue 2 .�!Cl't of Okeectiobee CASE # 17-039 Spirit CI Okeechobee FL LLC 106 N. Parrott Avenue Okeechobee, FL 34972 I hereby certify receipt of Notice of Lien Forclosure hand delivered by the City of Okeechobee Code Enforcement Officer. �ke Recipients Signature J 011 • 4, Printed Name Witness 'F41.. FIS COPY City of 06ccl.0bee �. Code Enfo-rce-ment August 2, 2018 Spirit CV Okeechobee FL LLC Re: 106 N. Parrott Avenue, City of Okeechobee, Florida/code liens After actual notice to the district manager and corporate offices of your store, and pursuant to action of the code board for the City of Okeechobee at a public hearing on February 13, 2018 the board found your establishment to be in violation of certain city codes related to landscaping/public nuisance. As a result, a fine was imposed against you in the sum of $50.00 per day, until the violation(s) came into compliance. A lien was filed in the public records of the clerk of court for Okeechobee county, and may be found at O.R. Book 805 Page 1230 . The accrued fine to date totals $6,850.00, and the violations remain in effect. The City has made personal contact with the store and/or district management on numerous occasions regarding this lien, but it appears no one at the district or corporate office is willing to make an effort to resolve the compliance issue. Under Fla. Statutes ch. 162, if a lien remains unresolved in excess of 90 days, the city council may recommend that a lien foreclosure be filed in the circuit court against the offending party. This time period has now elapsed, but further action has not to date been presented to the city council for consideration. It may or may not be feasible for the City to file a foreclosure action, but it certainly would be embarrassing to the company if this action were to occur. The City would much rather have the store come into compliance with codes, as it would resolve the enforcement issue, and result in an aesthetic improvement to the location. At this time the City will postpone further action for a period of thirty (30) days to await a response. You are advised that even if the violation(s) are resolved, the accrued monetary lien will remain in effect until paid, or a corporate representative personally appears at a code board meeting to request a fine reduction. Please contact our code officer Fred Sterling at (863) 467-1586 if you wish to address these issues. Thank You, John R. Cook, City Attorney Cc: Marcos Montes De Oca, City Administrator 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 • (863) 467-1586 • Fax: (863) 763-4489 u ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. to Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature X �° , � , � Agent re B. Received by (Printed Name) AU G 9. Cat ell D. Is deliveraddress differ from item 1? ❑ Yes If YES, enter delivery address below: ❑ No SPIRIT CV OKEECHOBEE FL c/o CVS #3237-01/OCC EXP. DEPT. 1 CVS DRIVE WOONSOCKET, RI 02895-6146 3El . Service Type O Priority Mail Express I I IIII' I�I I'I I II I I I' II I I II I' I (I�1 �II Adult Signature ❑Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted; 9590 9402 4228 8121 3274 88 Certified Mail® ❑ Certified Mail Restricted Delivery Delivery 0 Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery Signature ConfirmationTl 7016 2710 0000 1724 I Restricted Delive 9 816 l Delivery El Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt City of Okeecholoee Code Enforcement CASE # 17-039 Spirit CV Okeechobee FL LLC 106 N. Parrott Avenue _Okeechobee, FL 34972 I hereby certify receipt of Notice of Lien Forclosure hand delivered by the City of Okeechobee Code Enforcement Officer. gl�l' Z/ Da e Witness Recipients Signature Printed Name 55 S.E. Third Avenue . Okeechobee, Florida 34974-2932 . (863) 467-1586 . Fax: (863) 763-4489 C[ty of Okeechobee iCode Enforcement August 2, 2018 Spirit CV Okeechobee FL LLC Re: 106 N. Parrott Avenue, City of Okeechobee, Florida/code liens After actual notice to the district manager and corporate offices of your store, and pursuant to action of the code board for the City of Okeechobee at a public hearing on February 13, 2018 the board found your establishment to be in violation of certain city codes related to landscaping/public nuisance. As a result, a fine was imposed against you in the sum of $50.00 per day, until the violation(s) came into compliance. A lien was filed in the public records of the clerk of court for Okeechobee county, and may be found at O.R. Book 805 Page 1230 . The accrued fine to date totals $6,850.00, and the violations remain in effect. The City has made personal contact with the store and/or district management on numerous occasions regarding this lien, but it appears no one at the district or corporate office is willing to make an effort to resolve the compliance issue. Under Fla. Statutes ch. 162, if a lien remains unresolved in excess of 90 days, the city council may recommend that a lien foreclosure be filed in the circuit court against the offending party. This time period has now elapsed, but further action has not to date been presented to the city council for consideration. It may or may not be feasible for the City to file a foreclosure action, but it certainly would be embarrassing to the company if this action were to occur. The City would much rather have the store come into compliance with codes, as it would resolve the enforcement issue, and result in an aesthetic improvement to the location. At this time the City will postpone further action for a period of thirty (30) days to await a response. You are advised that even if the violation(s) are resolved, the accrued monetary lien will remain in effect until paid, or a corporate representative personally appears at a code board meeting to request a fine reduction. Please contact our code officer Fred Sterling at (863) 467-1586 if you wish to address these issues. Thank You, John R. Cook, City Attorney Cc: Marcos Montes De Oca, City Administrator CT , , ' - . _ . 1 11 1 r . U.S. Postal Service,. CERTIFIED MAIL° RECEIPT Dofnesfic Mail Only, For delivery information, visit our website of www.usps;com S rU r1_ r9 0 O O C3 O r9 r1_ rl.t r-9 C1 r`- SENDER: COMME.TE THic • Complete,items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: SPIRIT CV OKEECHOBEE FL C/o CVS #3237-01/OCC EXP. DEPT. 1 CVS DRIVE WOONSOCKET, RI 02895-6146 A. Signature is !y �- Z1 Agent B. Received by (Printed Name) ressee r, �u 0.'a elivery D. Is delive address differs from Item 1? ❑Yes If YES, enter delivery address below: ❑ No III�I�I�I I II I�II�III I IIII�I�II I�I II'llll'I III 11 Service Type � Adult Signature 0 Priority Mall Express® ❑ Adult Signature Restricted Delivery ❑Registered Mail- istered Mall Restricted 9690 9402 4228 8121 3274 88 Certified Mall® g ❑ Certified Mail Restricted Deliva Delivery ❑ Collect on Dellve Delivery O Return Receipt for 2�2CtIcIe Numhar_tl�asfer from service labJ 0 Collect on Delivery Restricted Delivery ❑ Signature lure ConfirmlionT^+ 7 016 2710 0000 ], 7 4 9 816 �I Restrcted Delivery Restricted Delivery O Signature Confirmation Form 3811, July 2015 PSN 7530-02,000-9053 - — _ Domestic Return Receipt 0 SHARON ROBERTSON CLERK 9 COMPTROLLER OKEECHOBEE COUNTY, FLORIDA 312 N.W. 3 STREET, SUITE 155 OKEECHOBEE, FL 34972 863,763.2161 REF: DATE:4/11/2018 TIME:10:16:25 AM RECEIPT: 2018003897 CITY OF OKEECHOBEE ACCOUNT #: 80 ITEM - 01 LIEN RECD: 4/11/2018 10:16:25 AM FILE: 2018004876 BK/PG 0 805/1230 CITY OF OKEECHOBEE SPIRIT CV OKEECHOBEE FL LLC Recording Fees 18,50 Subtotal 18.50 TOTAL DUE $180 PAID TOTAL PAID CASH .5 $1.0 CASH RETURNED ----------------- $19.00 ($19.0) --------- REC BY: S CREECH --- DEPUTY CLERK www.clerk.co.okeechobee.fl.us Cityif ii Code E fo CASE # 17-039 Spirit CI Okeechobee FL LLC 106 N. Parrott Avenue Okeechobee, FL 34972 I hereby certify receipt of Board Order hand delivered by the City of Okeechobee Code Enforcement Officer. Z/i ZIA�-)1, Date "`---� itness Recipients Signature Printed Name I LC13TIFIE D IUIgK,`"1 RECEIPT 4�nestle Mall Only .xur vvebsl I eat ew.upse keya.vs5itQ noo reeA (� Return Receipt (hardcopy) $ © ❑ Return Receipt (electronic) $ ❑Certified Mall Restricted Dellvery $ POStniarl( © ❑ Adult Slgnature Required $ Here a❑ Adult Slgnature Restdcted Dellvery $ j lf1 I VVV Postage ru Total t'ostaae and ar.- - Sent To C S`MeeP an pt IVo.I y°rn�E;la'i`q!%7i1r.�alll,q�t�iT!rdl7lc'rk - '3„ - __ Pomplete items y, 2, and ^ r not your name and addr V so that we can return the ess on the reverse � t 0e a,, h, this card to the t,a card• o you. SPIRIT CV O /CHOBEE FL 1 CVS D 323 7-0-jy0CC EXP. DEPT. RIVE WOONSOCKE , RI 02895-6116 9590 94,02 PSnG , II I1IIIfiI'��II� 1-6 Forrlr3 —�--` v, u u u y 7 21, S 7 r IJuIY 2015 pSN 7530-62- Oq0-9053 signature Resthc W D eFtified Mall® .. Slivery' e"iill Registered ll tPress® R Mail eyistered-Mall Mall R Collect on Deliveryncted Delivery' 11 Collect on Dellvery k0stricted Return Rscelpt Delive it livery Restricted De)Ivery for p SlerchandCse ail•Res fricted Delivery o ❑.SlgnatureConfirrrietonTM ' Restraturacted DeliveConlryaflon .0mestic Return Receipt Y ■ Complete items 1, 2, and 3. 11 Print your name and address on 'the reverse so that we can return the card to you. r_Attach this card to the back. of the mailpiece, or on the front if space permits. 1.. Article Addressed to: SPIRIT CV OKEECHOBEE FL c/o CVS #3237-0-110CC EXP. DEPT. 1 CVS DRIVE WOONSOCKET, RI 02895-6146 A. Signature X �� _ Ja Agent ^^ 1. .13 Addressee B, Received by (Printed Name) C. Date of Delivery D. Is delivery ddress differs from i �9 ryCj�Y i If YES, enter delivery address betodC. &No 3. Service Type ❑ Priority Mail Express® IIIIII IIII III I ILII I I I II I I I I I I 11111 INII III E0 Adult l Adult Signature Restrictedoolivery ❑ eggist red Mail Restricted 9590 9402 2505 6306 7287 32 ertified Mall® Delivery ertified Mail Restricted Delivery O Retum Receipt for, ❑ Collect on Delivery Merchandise .2. Article Number.. (Transfer from service label] ❑ collect on Delivery Restricted Delivery O Signature ConfirmationTM I O SignatureDeliv Confirmation 7 016 2 710 0000 1724 9335 �ItRestdcted Delivery RestrictedDelivery 3811,:july 2015 PSN 7530-02-000-9069 Domestic Return Receipt City of Okeechobee Code Enforcement CASE # 17-039 Spirit CV Okeechobee FL LLC 106 N. Parrott Avenue Okeechobee, FL 34972 I hereby certify receipt of Board Order hand delivered by the City of Okeechobee Code Enforcement Officer. //� /,-') 1 - ': � , K, Date _...... itness cipients Signature Printed Name CODE ENFORCEMENT BOARD OF CASE NO. 17-00039 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, W&C SPIRIT CV OKEECHOBEE FL Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: I. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 106 N PARROTT AVENUE, OKEECHOBEE, FL 3. Legal decription: Parcel # 31537350010015400010 4. Respondent(s) name & address: SPIRIT CV OKEECHOBEE FL; 1 CVS DRIVE c/o CVS #3237-01/OCC EXP DEPT WOONSOCKET, RI 02895-6146 5. Description of violation: PLEASE MOW OVERGROWN VEGETATION, TRIM SHRUBBERY AND REMOVE YARD DEBRIS/TRASH 6. Date by which violation is to be corrected: 2/01/2018 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 13th day of February, 2018, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250,00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cYuse this case to be dismissed. DATED THIS day of � � r—�, 2018 �' � CODE ENFORCEMENT BOARD `'+ ed Sterling 55 SE 3rd Avenue Code Enforcement O icer Okeechobee, Florida 34974 (863) 467-1586 ::.US. Postal Service". CERTIFIED MAIL° RECEIPT -� pomestic'.MailOnly r For;deliveryjnforma'tton visit=our,vvetsrteat'wwwusps:comr. ' R ru r- r-1 C3 ❑ Return Receipt (hardcopy) $ d ❑ Return Receipt (electronic) $ - Postmark O O ❑ Certified Mall Restricted Delivery $ []Adult Signature Required $ /S Here v ( D ❑ Adult Signature Restricted Delivery $ (• L 3 Postage �$ Total Postage and Fees ni —0 Sent To r-i Street a:l! -O W N9 r✓ 4 Complete items 1 2, . and 3. ■ Print your name andaddr address on the reverse A Stgnature , so that we can return the card to you.. ■ Attach this""card to %� l �'— the back of he mailpiece, or on the front ifs pace permits; ❑ Addressee S. Recelved by (Print me) C. Da of s„y. Delivery" ( 2 g 20]� D. Is delivery address differ I. from item 1? 0 Yes. If Yes, enter delivery SPIRIT,OBIKEECHOBEE FL C/o CVS 3-237-01/OCC EXP. DEPT.. address below: No 1 CVS DRIVE " WOONSOCKET, RI 02895-6146 I'lll 3, Service Type I101�l �II 9590 9402 2505 6306 ❑ Adult Stgnature 13 Adult Signature Restricted Delive O Priority Mail Express®. 13 Registered MaiITM 7287 56 2' 4j�ie N�t�tl►_ LTrarisfer f oin �--��ryl e 1a��1L_� Certified Mall® �' ❑ Certified Mall Restricted ry Collect on Delivery 0 Registered Malt Restricted Delivery Delivery Return Receipt for 7016 2 710 0000 17 2 4 " 0 Collec_t_on_D_ elivery Restricted Delivery;` i 2 8 �tricted O SignatMerchure Conf(rinndise atlon- PS Form 3811,. JUly 2015 PSN 7530-02-000-90$3„ Delivery Re trict d Deliveryation Restricted - Return Receipt "� Ate of Infraction: Property Owner: Contact Person: Code Violation /Notice to Appear Report 0 t 1 G-2-0 c6' Case # / rl- 07 0 1 <:e�FC1-{619L-Z F= L L-L. C Date Contacted: How Contacted: Phone # Location of Violation: 10 6 �) . I::),, 2,2, iT" P (i = - O & Mailing Address: ,� /�� 32-37 - 2 f1000 EYp 7�--2T_ I 4! 05 -DRr UZ--z' Q-)acA)5ocK1-7 c 45 -C; 1 �C Lot(s):_ -2 3 -f Block: I S `f Section: ( t izi e)r ,�-, �c H-6 Parcel # 015 yc p ._ 0010 Violation: #1 Disabled Vehicle #2 Untended Vegetation #3 K-�General Cleaning #4 ✓ Public Nuisance #5 Building Department #6 Public Works Notes About Violation: otice of Violation Mailed: / Received /2 /, I Hand Delivered 1�14 Posted Notice to Appear Mailed: Received i,171i( Hand Delivered Posted Inspected Finding Notes: Date in Compliance: Pro -Active Reactive f ECOA)OAle- (�veit- CODE ENFORCEMENT BOARD OF CASE NO. 17-00039 THE CITY OF OKEECHOBEE, FLORIDA CITY OF OKEECHOBEE Petitioner, -vs- SPIRIT CV OKEECHOBEE FL Respondent(s) NOTICE OF VIOLATION / NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Officer, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existenag of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter/Section: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance 2. Location of Violation: 106 N PARROTT AVENUE, OKEECHOBEE, FL 3. Legal decription: Parcel # 3153735001001540001 b 4. Respondent(s) name & address: SPIRIT CV OKEECHOBEE FL; 1 CVS DRIVE c/o CVS #3237-01/OCC EXP DEPT WOONSOCKET, RI 02895-6146 5. Description of violation: PLEASE MOW OVERGROWN VEGETATION, TRIM SHRUBBERY AND REMOVE YARD DEBRIS/TRASH 6. Date by which violation is to be corrected: 1/02/2018 NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 9th day of January, 2018, at 6:30 p.m. If you have corrected the violation(s) by the time stated above and received notification from the Code Officer that all violations have been corrected, you will not be required to appear. Otherwise, you must be present at this hearing to avoid an order being entered solely on the evidence to be presented by the petitioner and a lien being recorded against your property. Violators may be fined up to $250.00 for each day the violation is proven to exist. In cases of a repeat violation, the Code Enforcement Board may increase the fine up to $500.00 per day. In addition to fines, the amount of the lien may include costs incurred in prosecuting the case pursuant to Section 162.07(2), Florida Statutues and reasonable cost of repairs required to bring the property into compliance pursuant to Section 162.09(1). You have the right to obtain an attorney if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, make findings of fact as are supported by the evidence, and issue appropriate orders necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure an accurate record of the proceeding is taken for an appeal. Pursuant to Section 162.06 Florida Statutes, you have a responcibility to disclose violations to any potential buyer of the property and notify the Code Enforcement Department of the transfer, with the identity and address of the new owner and copies of the written disclosure made to the new owner within five days after the date of the transfer. Failure to make the disclosure creates a rebuttable presumption of fraud. Sale of the property will not cause this case to be dismissed. DATED THIS 74kday of &_C'apfkw , 2017 N CODE ENFORCEMENT BOARD - Fr d Sterling 55 SE 3rd Avenue Code Enforcement Office Okeechobee, Florida 34974 (863) 467-1586 Postal re ' o s Lnk9Vmi9iMkW B ' i 17-9 Er rLJ♦b Certifed Mail Fee [ti rq $ Extra Services & Fees tchectrhox, add fee as appropriate) Return Receipt t' Mcopy) $ I: ❑ Return Receipt(electronic) $ Postmark t� El Certified Mall Restricted Delivery $ Here t3 ❑Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ C3 Postage / fl_I Total Postage and trees S Sent To I S'tr a and A . N , of PO fox Hlo. 17- A' Complete items 1, 2r and 3. A. Signature ■ Print your name and address on the reverse X rETAgervt ' so that we can return the card to you.. '4% "'�7 q Addressee IN Attach tfiis card to the back of'the -mailpletre, U. Received by (Printed Name) C. Date of Delivery or on the front if space permits:- el�—_ EC 9 >: Article Addressed to: D: Is delivery addr ss different from ftern 17 �-4 Yea SPIRIT CV OKEECHOBEE FL f VE$; enter delivery address below. p No C/o CVS #3237-01/OCC EXP DEPT. 1 CVS DRIVE WOONSOCKET, RI 02895-6146 IIIItI ( ll l�� l l� ll l'.I II I �'I I I IIIII I� I I'll II� erv�I 13 dultSi nature ❑ Adult Signature ❑ Pridrity;fvl2il Express®. ❑ Registered MaiITM+ 9590 9402 2505 6306 7289 16 ❑_ dull Signature Restridtetl DeIIVery Certified Mall® ❑ Registered Mail Restricted Delivery 2, .AI"ui -Q-U mbar. f!ransfer from sery(lee • , i .J, eertieed Mau Restrictad'Delivery ❑ Collect on Delivery _ ❑ Collect on Delive, ❑ Return Receipt for Merchandise o ,"i ' I • .: ;• . ,. . °`may °F o okFFo • . y0 Cityo Okeechobee 0 i1' 1915Code 4Fnforcement S, d '� CODE ENFORCEMENT BOARD CASE # 17-00039 NOTICE OF VIOLATION 12/06/2017 SPIRIT CV OKEECHOBEE FL 1 CVS DRIVE WOONSOCKET, RI 02895-6146 RE: LOTS: 1, 2, 3, & 6 BLK: 154 PARCEL: 31537350010015400010 A violation of local codes involving your property within the City of Okeechobee has been cited. PROPERTY LOCATION: 106 N PARROTT AVENUE, OKEECHOBEE, FL NATURE OF VIOLATION: Chp 30 Sec 30-44 General cleaning & 30-43 Public nuisance CORRECTIVE ACTION REQUIRED: PLEASE MOW OVERGROWN VEGETATION, TRIM SHRUBBERY AND REMOVE YARD DEBRIS/TRASH The corrective action outlined should be taken within ten (10) days from the date of receipt of this letter and the Code Enforcement Officer contacted to verify compliance. Failure to take corrective action or contact the Code Enforcement Officer within this time frame will subject you to appear at a hearing set before the Code Enforcement Board. In addition, a fifty dollar administrative fee may be charged if the violaion is not corrected prior to mailing the notice to appear before the Code Enforcement Board. If the violation is corrected then recurs, the case shall be presented to the Code Enforcement Board even if the violation has been corrected prior to the hearing. If you have any questions regarding this notice, please contact our office at 863-467-1586. Sincerely, d Ste ing Code Enforcement OffiVr (863) 467-1586 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 €il24. 2n= O'keeerlobee, FL Code of Ordinances See. 30-43. - PuMic nuisances. jai: °Pub,ic nuisance" as defined ir this section, means the existence of excessive accumulation of litter or untended vegetation, garbage; frreeds, or other dead or Tying plant fife; or places holding stagnant eater, and all other objectionable, unsightly or unsanitary matter upon any lot, track of iar �d within � the city, whether uncovered or under shelter, to the extent and in the manner that such rot or parcel of land is, or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for _mosquitoes, or threatens or endangers the public health, safety or welfare, includi: �g such condition causing or tending to cause disease: or by reason of such a condition, tends to impair the economic welfare of adjacent property; including abar-idoned or- junk property as defined by this article; unsightly, derelict, or u,. tsafe building or structure which may constitute a hazard to safety, health:, vtelfare or sense of public aesthetics by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. (b) All nuisances are declared to be a public nuisance and iliegal within the nILMiCipal boundaries of the city, and shall be removed, corrected or otherwise satisfied at the direction of the- city as provided in this ar-ticie. (c� Ariv nuisance, except such ruisance as would be determined to be an einegency, existing within the citF; shalt be brought before the code enforcement Board of the city as provided in F.S. ch. 162. capon deters-iinatian by the board that a nuisance does in fact exist, the landowner or custodian thereof shall take whatever corrective measures as directed by the hoard, within the time perio-d provided by the board. The remedies available to the code enforcement board, in additiort to those set forth in P.S.. ch. 162, shall include the authority to authorize clears up or repair of the property to come into compliance, to recommend suspension or revocation of an occupational license until the property comes into, compliance; and such further remedies as provided lay lava. if the code enforcement officer h.as reason to believe a violation or the condition causing the nuisance presents a serious threat to the public health, safety or welfare, or is irreparable or irreversible in nature; he shall make a reasonable effort to notify the violater, and may imrYrediately notify the code e-nforcle-ment board and request a hearing. (d) If the owner, agent or person in custody of any property upon} which such nuisance should eKisrt, fail, neglect or refuse- to comply with the direction of the code enforcement board within the time provided, and such is verified by the code enforcement officer, and the code enforcement officer confirms that the person responsible was noticed of the board action by certified mail, the code enforcement officer is empowered to authorize the property to be cleaned and the nuisance abated by his own agents or authorized cGntractors.. Prior to commencing such abatement, the code enforcement officer shall obtain a reasonable estimate for such abatement and present the estimate to the city administrator far approval. if in the opinion of the city adr E1cr�istr-ator- the cast of abatement exceeds the reasonable value of the property or is of fie:rt�irise not ivarrarited, then enforcement of the order of the code enforcer -lent board may proceed via other available alternatives under faw. if abaten-rent is approved, the code i i!7 i2017 okeecfwbee. FL. Code of C3rdfnanccs enforcement officer, his agents or corntractors are authorized to eater upon such property and take whatever remedial measures are :necessary to abate the nuisance to comply with the orde- of the code enforcement board, and to protect the heakh, welfare and safety of the citizens of he city. Notwithstanding this procedure, if the city administrator should determine that the nuLsance is in the nature of an emergxei�cy or or such an €r i-neciate danger or risk <o the public as to irn€ttinentiy afkct the public heaith6, safety or welfare of the general pulxlic, then the city may enter upon such propel cy at any time to take whatever remedial action n as is deemed reasonable and necessary to abate the- unuisance to ensure the public health e and safety. lrn such instance, the city shall atternnpt a. It reasonable rinear is to give the landowner, agent or person in custody of the property advance notice of the proposed actions of the city, although failure to achieve actual notice shall not prevent such abatement.. (el All costs incurred under this section for the abater snernt or the nuisance, itridudirng administrative code enforcement expenses; labor, ecluipmer l and material expenses; and any casts reasonably related to the abaternetnt shall be the responsibility of the landowner. The total casts as caiculatecl by the code enforcement officer shall be included in, a resolution presented to the city couincil,who shall levy a special assessment Ilea agatnst such lot. Such resolution i shall describe the landowner, parcel number, legal description of parcel or tot, and provide the total cost assessed. Until payment is made in full, such assessineint shall be a legal valid and, binding obligation and Bern upon the pr c perty. The assessment shall become due and payable to the cigf as of the date of mailing a copy of the resolution by certified rznail by the code enforcement officer. Thirty days after- rnnailing, interest shall cant-nennce m accrue on the assessment at the rate of 12 percent per annum on any unpaid: portion thereof. (r As scorn as Possible after the assessment has been levied, a certified copy of the resolution, shall be recorded In the official records of the county clerk of court. The lien E shall become effective as of the date of filing such copy with the clerk of the circuit court. (a) The properL-y lien created under the provisions of this article, together" with interest thereon, rnnay be etnforced by civil action, irncludIng foreclosure in the appropriate court in the county. The Bends created by this article shall be a first Bern equal fn dignity and priority to alien for rnonpayinnernt of property taxes, oil any property against which an assessrrrernt of casts to abate the nuisance has been filed, and shall corntillue in full force from the date of r ecordirig until discharged by satisfaction or foreclosure. (1-1) Notwithstanding the procedures available to the city by this article, the city retairrs the right and ability to proceed against the lot or parcel for abatesn-tent of nuisance by F.S. ch. 60, or arty other appticable provisior-r of state laws. (Cock- 1982, § 8-1€ ; Ord. No.. 759, § 8-10,. 10-8-2000) State Law reference— Cost of repairs, etc. made part of lien, F.S. § 1610. Sec. 30-44_ - Gernerat cfeanfrn, and beauty, , r ,,►� i r124,2617 Qkeechdoee- FL Carle of Griot antes ra F in the interpretation cif this section. the di{ has determined -thtat all lands in the city fall into the followG ng categories, and this `--ode'dl4lli 'be e!fifo;-crd in this section to conform. to these Caiegor"►es: f e`t Unpiatted and u-ndevelcpecl 8c;'t"ids i.-e cok-iCidereds, to be rav: l iaild or ui'.-iimprcived iartd. � . Platted an d �rY.d,eveioped lands are considered tru be raw iurtd or unimproved fared. Platted and developed bleeds are considered to he deveioped of improved land. (4)! unpiatted and partially developed lairds are considered as dieveloped and in-Iproved [arid only for treat laertion of the whole parcel that includes actual developed [arid. (b)" A€I o'LAiners of r'rproved pi-operty shall cut andkeep cut- ale weeds, grasses or undergrowth on tto entire proper-y to an height- r' of to exceed eight inches. Also, all I-nncisc;Epinb shall f ie tiinirrtea and kept in a real appeararice so as trot to adversely affectthe aesthetic a J? aranC^c Cf the property and adjacent properties. (r When deter C4 [rFed by the code enfor cementL officer of the city that a public nuisance exists, vt'E"iers of a4l unir7rprGved property shall cut arid keep ail weeds, grasses and urtclergrovL0 to a height :-lot to exceed 12 it ¢chew in a strip 100 feel wide around the E Perimeter of such property,, which fronts can a public street, drainage or utility easernen'i or ss contiguous to occupied propetty. Aiso, the owner small ren-iove any abandoned property, garbage, litter, stagnant water, c;ntended vegetation or noxious matter on dne entire property. (d AR owners, are deemed to be in write —al of and responsible for areas on ar adjoinir.-rg their pro.pertyf such, as easements, (e) All lands In the city shall be kept free of Lintended vegetation or any other matter, which by reason of height, pro•xii-ti ty to neighboring structures, physical conditions; disease such as, but not [united to: lethal yellowing pair ris or other peculiar characteristics which night in time of high winds,prevalent in this region, cause damage to life or prol,etty within the immediate area surrounding such region. (f) it snail be undawfLit for arty person to cause, tnaintain, pert -nit or above to be caused., nFaintained or permitted, the accuntulation of any litter, garbage, abandoned properLy, stagna-ntwater, untended ve-getatiart or weeds on any constr action or building site be@ore, during or after completion of such construction or iauilding_ It shali be the deity of the owner or his agent to snake adequate provisions for the disposal of such items and to have; on the construction or building site, adequate facilities for the disposal of such items and to nitake appropriate arrartgerents for the collection thereof. (g) It shall be the respronsibi.lity of all owners. of ir-1lprove® property to maintain proper ground cover on their property (such groUnd cover" including, but not lirtiited to., grasses, concrete, asphalt, decaradve stones) and driveways (driveway ground cover including. but 170t limitied to, C4narse, asphalt: decorative- stories, irt4aiel brie., file and smell rode) to p1-event a candibon that could i tl2A,lL017 Oki:eckabee, EL code of osdivartces enclanger the h.eaith, safer and welfare of any i nernber of the cai imunity; maintained as ee f tined in this section. i=urtnerrno"'e. a propriate ianciscapi: g shall be ilsta ed, 'epiacee- and mairtai^ed, in living concli:ion, so as I :iJt ac` ve:-seiy affect t,-- aesthetic appeal arce of the property and adjacent properties. it No persons shall sweep irvtc. or depicsit in arty gutter, ditch, sti-eet or other pub-lic place -within. the cittl the accur-nulation, of iftter frorn any building or not or froiy, the public sid&vvalks. i"lo- shall any oY' ne-I or enant abut-Ldn; a pLb(ic t. ,or ug Mare aPow or sLifler *M c'!:1mak. i litter upon the acijacer-t public sidewalk, Inc+uding media -ins, so that IitCei, n2bbish and, .refuse shall not be ailo,r4ed tc pile- up or accumulate or, such pu;biic right -of -Way. No merchant oi" l�' sin less tnritf'rii, the pity .r�all cltC�Lt! litter Co aCcUi-fti[lclte, and sl 2l' cleat' and otherwise rid his prep -rises, including ide Nalks, cfvjaste ?flatter and litter althoi.igh thin sarria may not have been deposited fey ":ir!., his agents or his patrons. (Code It 982, � 8-11(a)--(f), G}, (k); Ord. 1,4o: 97,. s 2, E-2-2002, See also: International Property Maintenance Code 2015 Sec. 308.1 Sec. 302.1 Sec. 302.4 CITY OF OUEEC$OBEE FIRE DEPARTMENT PUBLIC COMPLAINT FORM Person receiving complaint: Fi'-cd Date if IL4111 Time Page one of one Name: COMPLAINT INFORMATION Phone Number: Address: INTERNAL PROCESSING Complaint forwarded to (name) '5times �r ate a 7 A/bV. 020t7 Action taken or recommended:�UFIc�- ompliant reviewed by Chief of Fire -Rescue Date A r 1-7 �FINAL PROCESSING Complainant notified by: (Name)C:n//ry' -le. Date% r / 7 Time Summary of Discusslnn- ,ia.f ^ -- .b e Forwarded to City Administrator Y( l� BY: ' t § 90-513 OKEECHOBEE CODE (5) Use Not Specifically Listed: (LDR 1998, § 480) Secs. 90-514-90-530. Reserved. DIVISION 4. LANDSCAPING Sec. 90-531. Generally. Landscaping and landscape buffers shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 500) Sec. 90-532. Required landscaping. Following are requirements for the planting of trees and shrubs associated with development undertaken throughout the city. Landscaping ma- terial required under this section may be used to satisfy the requirements for landscaping in park- ing and vehicular use areas (section 90-533) and in landscape buffer areas (section 90-534). Individual single- No requirement family and duplex structures Multiple -family one Two trees per dwell - bedroom in Multiple -family two Three trees per dwell - to four bedrooms ing Mobile home park or Two trees per dwell - subdivision in Adultlassisted living One tree per two facilities, nursing units or bedrooms home All other uses At least one tree and three shrubs shall be planted for every 3,000 square feet of lot area, excluding ar- eas of existing vege- tation which are pre- served. (LDR 1998, § 501; Ord. No. 1010, § 3, 2-19-2008) Sec. 90-533. Landscaping requirements for parking and vehicular use ar- eas. Except for those associated with an individual single-family or duplex structure, all vehicular Loading spaces shall be the same as required or the most similar listed use. use areas containing eight or more parking spaces, or containing an area greater than 2,400 square feet, shall provide perimeter and interior land- scaping as follows: (1) At least 18 square feet of landscaped area for each required parking space. (2) At least one tree for each 72 square feet of required landscaped area. (3) Shade trees shall be planted at no more than 20 feet on centers (4) A minimum two feet of landscaping shall be required between vehicular use areas and on -site buildings and structures, ex- cept at points of ingress and egress. (5) The minimum dimension for any required landscaped area within a parking or ve- hicular use area shall be four feet except for that adjacent to,on-site buildings and structures. (6) A landscaped island,. minimum five feet by 15 feet and containing at least one tree, shall be required for every ten parking spaces with a maximum of 12 uninter- rupted parking spaces in a row. (7) The remainder of a parking landscape area shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 502; Ord. No. 1010, § 4, 2-19-2008) Sec. 90-534. Required residential and non- residential buffer areas. For all development undertaken throughout the city,- except for construction of an individual single-family or duplex structure, landscaped buf- fer areas, shall be required within required set- backs and landscaped as follows: (1) Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. supp. No. 10 CD90:38.2 ZONING § 90-541 (2) At least one tree and three shrubs for (d) Trees and shrubs shall not be planted in a each 300 square feet of required land -*location where at their maturity they would in- scaped buffen terfere with utility services. (3) gees may be planted in clusters, but shall not exceed 50 feet on centers abut- ting the street. (4) The remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. (LDR 1998, § 503; Ord. No. 1010, § 4, 2-19-2008; Ord. No. 1079, § 11, 1-17-2012) Editor's note —Ord. No. 1079, § 11, adopted Jan. 17, 2012, amended § 90-534 title to read as herein set out. Former § 90-534 title pertained to required landscaped buffer areas. Sec. 90-535. Reserved. Editor's note —Ord. No. 1079, § 11, adopted Jan. 17,2012, repealed former § 90-535, and enacted a new § 90-535 as set out herein. Former § 90-535 pertained to nonresidential buffer regulations and derived from LDR 1998, § 504. Sec. 90-536. Planting in dry retention areas. Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materials used are not adversely sus- ceptible to periodic inundation. (LDR 1998, § 505) Sec. 90-537. Protection of native vegetative communities and wetlands. '(a) Native vegetative communities shall be pro- tected from adverse impacts of development. (b) Wetland buffers shall be at least 25 feet wide and shall be supplemented only with native trees, shrubs and ground cover. (LDR 1998, § 506) Sec. 90-538. Landscape design and plan. (a) Proposed development, vehicular and pe- destrian circulation systems, and site drainage shall be integrated into the landscaping plan. (b) Existing native vegetation shall be pre- served where feasible, and may be used in calcu- lations to meet these landscaping requirements. (c) When more than ten trees are required to be planted, two or more species shall be used. (e) Trees should maximize the shading of pe- destrian walks and parking spaces. (f) Landscaping ground covers should be used to aid soil stabilization and prevent erosion. (g) Landscaping shall be protected from vehic- ular encroachment by means of curbs, wheel stops, walks or similar barriers. (LDR 1998, § 510) Sec. 90-539. Alternative landscape design and plan. (a) An applicant shall be entitled to demon- strate that the landscape and buffer requirements can be more effectively met by an alternative landscape plan. (b) Upon review and recommendation, the tech- nical review committee may approve an alterna- tive landscape plan. (LDR 1998, § 511) Sec. 90-540. Native drought tolerant plant materials required. (a) Plants required to be installed shall be elected. from the South Florida Water Manage- ment District's Xeriscape Plant Guide. (b) At least 75 percent of the total number of plants required shall be state native very drought tolerant species as listed in the South Florida Water Management District Xeriscape Plant Guide. However, when a landscape irrigation system is installed, at least 75 percent or the total number of plants required shall be state native moderate or very drought tolerant species. (c) Trees shall be at least ten feet high and two inches in diameter measured four feet above ground level at the time of planting. (LDR 1998, § 512) Sec. 90-541. Maintenance. (a) Sufficient topsoil and water shall be pro- vided during the plants' establishment periods to sustain healthy growth. L. , Supp. No. 10 CD90:38.3 § 90-541 OEEECHOBEE CODE (b) Plants condition, ar eased plants (LDR 1998, � shall be maintained in a healthy d dead, severely damaged or dis- shall be replaced. 513) Sec. 90-542.I Prohibited plants. The following plants are deemed and declared to be a nuisance within the city for ex development In addition, after development approval, the following plant species shall not be u; comply with this division, and shall not be planted: Melaleuca leucladendra (Punk Tree) Schinus terebinthifolius (Brazilian Pepper) Casuarina spp. (Australian Pine) Cupianopsis anacardiodes (Carrotwood) Dalbergia sissoo (Rose Wood) Bishofia javanica (Bishofia) Albizzia lebbeck (Woman Tbngue) Araucada heterophylla (Norfolk Pine) Eucalyptus spp. (Eucalyptus) Brassaia actinophylla (Schefilera) Enterolobium cycocarpum (Ear Tree) Acacia audculiformis (EarleafAcacia) Ficus spp. (Nonnative Ficus) Grevilla robusta (Silk Oak) Capium sebi&vm (Chinese Tallow tre Syzygium cumilni (Java Plum) Melia azedarach (Chinaberry tree) (LDR 1998, §I 514) Sec. 90-54 (a) Land mission or cable televi residential quirements or interfere vegetation. (b) No tre mature heig] Larger trees or more) shy zontal distal head utility height of 20 feet horizont ity line. Sma less than 20 minimum ofl size shall be Utility corridor requirements. rping near overhead electrical trans- stribution lines, telephone lines, or n lines in both residential and non- eas shall follow the additional re - this section to minimize disruption e with such lines due to maturing shall be planted where it could, at t, conflict with overhead utility lines. trees with a mature height of 30 feet 1 be planted no closer than a hori- ;e of 30 feet from the nearest over - line. Medium trees (trees with a o 30 feet) shall be offset at least 20 Illy from the nearest overhead util- trees (trees with a mature height of bet) shall not be required to meet a et, except that no treb;`regardless of slanted within five feet of any Supp. No. 10 1 CD90:38.4 to rn .1915City of Okeechobee FAX TRANSMISSION SHEET TO: DEPARTMENT: Q r FAX NUMBER: FROM: FRED STERLING, CODE OFFICER DEPARTMENT: OKEECHOBEE CITY CODE ENFORCEMENT FAX NUMBER: 863-763-4489 NO. OF PAGES j INCL. THIS PAGE: I SUBJECT: k eyl /1 - () PLEASE CALL (863) 467-1586 IF ANY TROUBLE IS EXPERIENCED DURING TRANSMISSION