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HomeMy WebLinkAboutDocumentation_Regular_Tab 10-J_3/5/1998 Memorandum To: Village Council From: Thomas G. Bradford, Village Manager Date: February 27, 1998 Subject: Agreement to Release the Code Enforcement Lien on 347 Country Club Drive; Agenda Item Attached hereto, please find a copy of the Resolution and Agreement for your consideration relative to the above referenced property. There are two code enforcement violations associated with this property, as follows : • Maintenance and proper screening of swimming pool • Growth in excess of 12" The original owner of the property abandoned the same and cannot be located. The mortgage on the property was assumed by Associates Home Equity Services, Inc. Associates Home Equity Services, Inc. intends to sell the property to Gary and Marsha McLeod, who currently reside on Riverside Drive, with closing scheduled for March 6, 1998 . The McLeods have young children and wish to bring the property into compliance as soon as possible. " As of March 6, 1998, the outstanding liens will be $72, 100 . Approval of the attached Agreement will allow the Village to receive $1,400 which will cover our total investigative and administrative costs in handling, the code violations associated with this property. Furthermore, the McLeods must bring the property into compliance within thirty (30) days . If the McLeods fail to comply with the conditions within the Agreement, the Village may pursue the lien presently existing and foreclose on the property. It is recommended that the Village Council approve this Agreement to enable this property to be sold and brought into compliance with the Tequesta Code of Ordinances. TGB/krb council\022798-1.sam RESOLUTION NO. 20 - 97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AGREEMENT TO SATISFY CODE ENFORCEMENT VIOLATIONS AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Agreement between the Village of Tequesta and Gary and Marsha McLeod, setting forth conditions for the Release of Lien relative to the property located at 347 Country Club Drive, Tequesta, Florida, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 5th day of March, A.D. , 1998 . MAYOR OF TEQUESTA Elizabeth A. Schauer ATTEST: Joann Manganiello Village Clerk wp60\res\20-97 % AGREEMENT THIS AGREEMENT is made this day of , 1998, by and between the Village of Tequesta, a municipal corporation, hereinafter referred to as the "Village" and Gary McLeod & Marcia McLeod , of 223 West Riverside Drive, Tecuesta, Florida 33469 hereinafter referred to as " Purchaser" . WHEREAS, the Village has recorded an Order Assessing Fine, recorded in Official Record Book, 9882, Page 933, public records of Palm Beach County, Florida, which order constitutes a lien against the property located at 347 Country Club Drive, Tequesta, Florida, known as Tequesta Lot 130; and WHEREAS, it is the intention of the Village to file foreclosure proceedings against the property in order to collect amounts due to the Village pursuant to the Order Assessing Fine; , and; WHEREAS, Purchaser intends to purchase the property at 347 Country Club Drive; and WHEREAS, in consideration for the release of the lien imposed against the property by the Village, and to induce the Village not to file foreclosure proceedings, Purchaser . desires to enter into this Agreement with the Village. NOW, THEREFORE, the parties hereto agree as follows : 1. Purchaser shall, within 30 days, bring the property in full compliance with Tequesta Code of Ordinance No. 355, Appendix A-Zoning (E) (1) (5) , relating to maintaining and screening of the pool, page 1173, and Tequesta Code of Ordinance No. 466, Section 10-18, relating to nuisance, growth/over 12 inches, page 582 . Compliance shall be as determined by the Code Enforcement Officer of the Village of Tequesta. 2. Purchaser shall continue to comply with these ordinances after correcting the violations. 3. Associates Home Equity Services, Inc. , FKA, Ford Consumer Finance Company, 300 Decker Drive, Suite 300, Irving, TX 75062, shall, within 5 days, pay to the Village the investigative and administrative costs incurred by the Village concerning this matter in the amount of One Thousand Four Hundred Dollars ($1,400) 4. In consideration of the above, the Village shall release the lien presently recorded against the property and shall provide any and all documents necessary to release said lien. 5. Nothing herein shall preclude the Village from pursuing the lien presently existing against the property and/or any foreclosure proceedings associated therewith, in the event Purchaser fails to comply with the conditions contained herein. IN WITNESS WHEREOF, the parties have executed this agreement this day of , 1998 . Signed, sealed and delivered in the presence of: VILLAGE OF TEQUESTA By: Witness Its Witness Witness (Purchaser) Witness (Purchaser) Agreement.LienAssess.