HomeMy WebLinkAboutOrders_Code Enforcement_11/12/2015 JOINT CODE COMPLIANCE STIPULATION
VILLAGE OT TEQUESTA, FLORIDA
VILLAGE OF TEQUESTA,
Petitioner,
Case Nos. 2015 -00021
V.S. 2015 -00173
2010 - 0010')
TEQUESTA INVESTORS, LP,
Respondent,
RL: Violation of Sections 14-152,14-153,14-154,14-155,30-336,50-213,70-44,78-177,78-399,
78-410,78-700,78-701, and 78.745 of the Code ofOrdinances of the Village of requesta.
Address: 221 U.S. Highway I
Tequesta, Florida 33469 (Tequesta Square)
Legal Description: WATERWAY VILLAGE LOT A
PCN: 60- 43- 40 -30 -05 -000 -0901
This Joint Code Compliance Stipulation is entered into by the Village of Tequesta (hereinafter
the "Village "), and'requesta Investors, LP (hereinafter "Respondent') in order to resolve the Code
Compliance cases identified above in a fair and amicable manner. The Village and Respondent
hereby agree and stipulate as follows:
1. On April 23, 2015, Respondent's above referenced property was found to be in
viotation-of the above referenced Village codes (Orders Finding Violation). Respondent was given
until October 21, 2015 to comply with the violations found to exist in Case No. 2015 - 00173, or
statutory penalties for failure to obtain valid business tax receipts would be assessed. Respondent was
given until July 22, 2015 to comply with the violations found to exist in Case No. 2015 - 00021. On
July 23, 2015, the violations in Case No. 2015.00021 had not been cured and a daily Fine of $150.00
per day was assessed against the property, to accrue daily until compliance is achieved. Respondent
was also assessed administrative costs of $231.46 (Order Assessing Finc),
2. Although some items have been corrected (most notably the electrical issues that were
deemed to be a threat to the public health, safety and welfare), others have not. Specifically, the
following violations (some of which Respondent advises that it has addressed, but are still subject to
the Village's inspection and approval) remain on the subject property at this time:
a. Parking lot must be sealed and restriped;
b. Landscaping work recently completed at the front of the site will either need to be
permitted, or will need to be returned back to original condition (prior to rocks being
installed). Rear landscape buffer (located on the west side of the rear fence /wall) shall be
mulched after completion of parking lot seal and stripe. To the extent Respondent elects
to return the property back to original condition (prior to rocks being installed), the Village
agrees that no permit shall be required;
c. Trip hazards along front sidewalk must be repaired. However, the Village agrees that the
trip hazards are a maintenance issue and, therefore, no permit shall be required for such
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repairs;
d. Tenant Hog Snappers Restaurant's grease trap will be maintained in accordance with
applicable state, county and Village codes; _
Q. Tenant 3 Natives' Business Tax Receipt requirement (including parking, access and
accessibility issues) will be complied with.
3. in addition to the above, the subject property has a lien recorded against it for previous
code compliance case 2010-00109, The total lien amount being $56,550.00.
4. Respondent has asserted that it desires to bring all current violations into compliance
as soon as possible and requests att on -site meeting with the appropriate representatives of the Village
for further clarification on such violations; however, the existence ofthe code compliance lien for Casc
No. 2 010 -00109 (recorded at Official Records Book 24312 Page 1683
obtaining financlrrg to pay for the required improvements. Typically, the pVillage will p ofelease
lien prior to the property being brought into compliance and the debt being satisfied. In order to
eliminate this "Catch 22" situation, the parties have agreed to the following terms and conditions which
will settle all outstanding code compliance matters on the subject property:
a. Respondent shall post a surety, in a form satisflctory to the Village Attorney, with the
Village in the amount of $80,000, representing the approximate full value of the Village's
lien against the subject property from Case No. 2010 - 00109, plus the approximate value of
the lien against the subject property front Case No. 2015_00021 through December 31,
2015, Said surety shall be posted within ten business days of the execution of this
Settlement Agreement. In the event that Respondent fails to comply with the remaining
terms of this Settlement Agreement, the Village shall be entitled, without further hearing
of other process of any kind whatsoever, to retain forever ale full value of the surety
($80,000,00). Notwithstanding the foregoing, prior to the Village accessing any amounts
from the surety, the Village will provide the Respondent with prior written notice that
details with reasonable specificity Respondent's non - compliance. it is Respondent's
understanding that 'any amounts recovered .by the Village under the surety may first he
utilized by the Village towards correcting all remaining Outstanding code violations; with
the Village retaining the remainder, To the extent this should occur, Respondent hereby
grants the Village permission to enter and remain upon its property and to do all things
necessary to complete such work, at the Village's sole discretion. Upon receipt of said
surety, the Village shall release the lien from Case No. 2010 - 00109, as well as any lien
recorded against the subject property from Case No. 2015.00021.
h. Respondent shall bring the subject property into complete compliance with all Village
codes as specified in Section 2. of this Scttlerncnt Agreement no later than December 31,
2015. However, if Respondent diligently commences to cure such code violations
immediately, and continues without pause or delay to use its diligent good faith efforts at
all times to cure all outstanding code violations, but nevertheless has not completely cure(]
all outstanding code violations on December 31, 2015, Respondent will have tip to an
additional thirty (30) day to complete the work in progress to cure all outstanding code
violations, The Code Compliance Officer's determination regarding compliance, and
regarding the use of diligent good faith efforts, shall be binding and final for purposes of
this Settlement Agreement.
c. Respondent shall pay the Village $10,000.00 no later than December 31, 2015, which the
Village shall retain as full payment and settlement of all outstanding liens, Rules, and
administrative costs for 411 outstanding code compliance cases ( 00109, 2015.00021
and 2015 00173) against the subject property.
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d. upon achieving complete compliance with all Village codes as specified in Section 2. of
- this Settlement Agreement, and payment to the Village of $10,000.00 as specified in
Section 4.d, of this Settlement Agreement, the Village shall execute am Affidavit of
Compliance, and shall issue a Letter of Release to release the Surety Bond. This letter of
Release shall be issued within seven (7) days of the first day of compliance.
e. Should Respondent fail to bring the subject property into complete compliance with all
Village codes as specified in Section 2. of this Settlement Agreement no later than
December 31, 2015, and/or fail to pay tite Village $10,000.00 as specified in Section 4.d.
of this Settlement Agreement no later than December 31, 2015, subject to the potential
thirty (30) day extension contemplated by Section 4,c, above, in addition to retaining the
fill] value of the surety as stated in part 4.a. above, the Village may institute a new code
compliance case against the subject property for any and all code violations remaining on
the subject property. The Code Compliance Officer's determination regarding
compliance shall be binding and final for purposes of this Settlement Agreement.
This Joint Code Compliance Stipulation is hereby executed this cY day of , {fit Uf', ;t.'i',
2015, by the following parties,
TEQUESTA INVESTORS, LP:
A
/err' 4'; r,/ , General Partner
THE VIL A4 OF TEQUESTA:
1
Keith W.
- --
' D:tvl�'; ViitaWPCttbrEiep
CODE COt LIA E S -ECIAL MAGISTRATE
I3Y: =� G
Kevin Wagner, Special Magistrate
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