HomeMy WebLinkAbout2428 215 Sanford Ave COS Order of Condemnation/Demo - see also under Special MagistrateGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & CO MP18 s°Pg }R
CFN# 26222012022 1 :20 04 PM by cjones
Prepared by and return to: REC: 06
David W. Hall, Esquire RECORDING FEES $69.50
Stenstrom, McIntosh, et al.
300 International Parkway
Suite 100
Lake Mary, Florida 32746
Telephone 407-322-2171
Tax Parcel Identification Number: 16-19-30-515-0400-0020
CITY OF SANFORD LICENSE AND RELEASE
CONSENSUAL ORDER OF CONDEMNATION/DEMOLITION
215 SANFORD AVENUE
On V n- t 2022. the Citv of Sanford issues, under the authoritv of Section 18-
35 of the City Code and other controlling law relating to the powers and duties of the City
Manager, this License and Release Consensual Order Of Condemnation/Demolition relating to
and touching and concerning and running with and burdening the following described property
(hereinafter the "Property"):
Lots 2 & 3, Block 4, Chapman + Tuckers Addition to Sanford according to
the Plat thereof., as recorded in Plat Book 1, Page 24 Public Records of
Seminole County, Florida
Street Address: 215 Sanford Ave, Sanford. FL 32771
FINDINGS OF FACT:
(1). The owner of the Property, Sanford Avenue, LLC, a Florida Limited Liability
Company, consents to the action taken herein in that it, as the owner and responsible party
relative to the Property, failed to abate the public nuisances found to exist on the Property, place
the Property in a state of sound repair and demolish and remove the building or structure located
on the Property; Bobby P. Duncan is the Manager of, and authorized to act for, and execute this
Order on behalf of, Sanford. Avenue, LLC.
(2). The Property is in a state of public nuisance and the property owner has agreed to
such status of the property and, further, the Property is in such condition that it warrants
condemnation and demolition, and the property owner agrees to and consents to that finding.
CONCLUSIONS OF LAW:
(1). The property owner waives, and has waived, all notices required by controlling
law, ordinance or ruling with regard to the matters and actions set forth herein.
(2). The City concludes that all matters necessary to be proven in order to obtain an
order of condemnation are facts that relate to the Property and the property owner agrees to and
consents to that conclusion.
(3). This License and Release Consensual Order Of Condemnation/Demolition
touches and concerns the Property and the property owner agrees to and consents to that
conclusion.
CONSENSUAL ORDER:
NOW, THEREFORE, based upon the premises and the evidence considered by the City
Manager and being fully advised with regard to this mater, it is ordered by the City of Sanford,
and agreed to by the property owner, that:
(1). The City of Sanford is hereby authorized to abate the public nuisance and
demolish the building or structure located on the Property and remove the resulting debris from
the Premises, at its own cost.
(2). This is a final action taken as to this matter by the City of Sanford; provided,
however, that the City may take any and all additional actions relative to abating and remedying
the nuisance in such manner as it deems appropriate in its sole discretion in such manner as it
deems appropriate and in the public interest.
Done and Ordered on thisU''day of , 2022.
ATTEST: j;,c ''CITY OF SANFORD, FORIDA
Traci Houchin, FCRM, MMC ;% '�' 1Vorton onaparte, J
City Clerk :; ty anager
Bobby P. Duncan, as Manager of Sanford Avenue, LLC, a Florida Limited Liability
Company, and acting for and on behalf of said Sanford Avenue, LLC, hereby joins into, consents
to and approves the terms and conditions of this Order and on behalf of Sanford Avenue, LLC
hereby releases and holds the City of Sanford harmless and blameless with regard to any and all
actions that it has taken or may take in the future relative to nuisance abatement of the Property
in the City's sole discretion as it deems fit and appropriate, and Bobby P. Duncan, as Manager of
Sanford Avenue, LLC„ hereby remises, releases, acquits, satisfies, indemnifies, insures, holds
harmless and forever discharges the City of Sanford from and against any and all and manners of
action and actions, causes, causes of action, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, costs, losses, injuries, pre and post judgment interest,
obligations, losses of services, expenses, compensation, judgments, executions, claims and
demands whatsoever, in law or in equity, which the property owners or any potentially related
party now has, may have, or ever has had, or which the said property owner and any individual
relating in any way to the property owner can ever, shall ever or may ever have against the City
of Sanford for, upon or by reason of any matter, cause or thing whatsoever, known and unknown,
foreseen and unforeseen, direct or indirect, from the beginning of the World to the end of the
2 1 P a g e
World, and including, but not limited to, all issues, causes, claims, counterclaims, administrative
claims, set -offs, and allegations which have been raised, could have been or can be raised at any
time relative to any and all damages allegedly caused by the City of Sanford pertaining to the
Property. I consent to the legal effects of this document relative to me and the Property.
IN WITNESS WHEREOF, Bobby P. Duncan, as Manager of Sanford Avenue, LLC,
has signed and sealed these presents the day and year first above written. Bobby P. Duncan, as
Manager of Sanford Avenue, LLC, represents to the City of Sanford that all statements and
representations as set forth herein are true and correct and recognizes that the City of Sanford is
relying upon them at the request of Bobby P. Duncan, as Manager of Sanford Avenue, LLC.
Witn natu
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Prin ame
Witness Si nature
9
Print Name
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
SANFORD AVENUE, LLC, a Florida
Limited Liability Com
Bobby P. Duncan, Manager'
ACKNOWLEDGMENT
The foregoing instrumen was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this A%y of tACj.A4 - , 2021 by Bobby P. Duncan, as Manager of
Sanford Avenue, LLC, a Florida Limited Liabil6§ Company. He is personally known to me or
produced as identification.
40►u Notary Public State of Florida
Bean del Cid
My Commission HH 130206
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SERVICES of FLORIDA, LLC
Proposal 22-283
April 19, 2022
City of Sanford
ATTN: Angela Adkins
RE: 215 Sanford Ave.
300 N. Park Ave.
Ant-lela.Adkins(ct SanfordFL. ,ovv
Sanford. FL 32771
(407)688-5163
Sanford, FL 32771
(407)688-5000
We are pleased to provide City of Sanford with this proposal for selective demolition for future
development. (Please compare attached take -off for quantities & locations)
Complete Demolition:
i One 2,300 SF Masonry Structure @ $2.50/SF
$ 5.750.00
One 1300 SF Metal Structure @ $1.00/SF
$ ],300.00
Asbestos Survey
$ 850.00
Fill for septic (1 OYD) @ $60.00 ifapplicable
$ 60.00
Debris Removal (1 OYD) @ $100.00
$ 300.00
Septic Removal @ $600.00 ifapplicablc
$ 600.00
i% Well pump disconnect @ $10/well ifapprcable
$ 10.00
➢ Tree Removal — near building needs removal
$ 600.00
Concrete drive at back roll -up door
$ 250.00
TOTAL:$ 9,720.00
Notes: - Cost for asbestos abatement & tip fees cannot be estimated at this time.
- Permitting fees not to exceed $500.00
-All work done in a safe manner to standard industry practices. Material to be recycled if possible.
-Exclusions are safe off MEP, floor prep/scarificat ions, shoring, dust preventions, barricades, layouts, slurry
removal, concrete pour -back, roof work, underground work, protections to existing finishes unless otherwise noted,
MOT, ROW, SWPP, demo not listed or specifically called out on this proposal.
-Champion services reserves all rights to scrap and use of its own dumpsters.
-Proposal good for 60 days.
Thank you,
Joshua Wesley
2532PEitIBERTONDRIVEAPOPK I, FL 32703
Phone: 407-250-6755 Fax: 407-250-6756
State Certified Bidldii{g Contractor # CBC1263456
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FS'T. 189� FLORIDACITY OF U La
CITY COMMISSION MEMORANDUM 22-148.J
JUNE 13, 2022 AGENDA
To:
W S _ RM X
Item No. LV--a
Honorable Mayor and Members of the City Commission
PREPARED BY: Craig M. Radzak, Assistant City Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City
SUBJECT: Parking Lease Agreement with Sanford
Avenue I1, LLC
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
and Sanford
A parking lease agreement between the Sanford Avenue, LLC, Sanford Avenue II, LLC and the
City has been prepared for the City Commission's approval.
FISCAL/STAFFING STATEMENT:
The City shall pay rent in the amount of $2,249 per month to the landlord; however, the agreement
provides a credit to the Landlord in a separate agreement for the voluntary consensual order of
condemnation/demolition of the building on 215 Sanford Avenue, Parcel Identification Number
30-19-31-515-0400-0020. In consideration for the demolition and removal of such building, the
Landlord has agreed that the City shall not pay rent until January 1, 2023. The City approved
contractor has provided a proposal of $9,720 for complete demolition, which can be paid with
budgeted funds.
BACKGROUND:
With the increased activity in the downtown area, parking has become challenging. Patrons of the
downtown area have chosen to park on private property and certain property owners have had
vehicles towed as a result. To provide more parking to the visitors of the City, staff is continually
evaluating parking options and opportunities and has sought after the attached parking lease
agreement for parcels located in the area of Sanford Avenue and 3rd Street.
The City and Landlord have agreed that the City will demolish and remove the building located at
215 Sanford Avenue, the Landlord has agreed that the City shall not be required to pay any rent
for the premises until January 1, 2023; payable on or before the 1s` day of each month during the
balance of the term. The agreement also requires the City to be responsible for costs of lighting
and maintaining the premises.
Although 215 Sanford Ave is listed as a contributing structure to the Georgetown historical
designation, it was built in 1969 and has no significant history. The building has fallen into a state
of disrepair that necessitates condemnation and demolition. The matter was brought before the
Historic Preservation Board on April 22, 2022 and they support the decision to bring the building
down.
The lease has a commencement date of June 13, 2022 expiring June 13, 2024; provided the term
of the lease can be extended for a series of 30-day additional terms beyond June 13, 2024.
The managers of Sanford Avenue, LLC and Sanford Ave II, LLC are Bobby P. Duncan and
William J. David.
LEGAL REVIEW:
The Assistant City Attorney has prepared the parking lease agreement and has no legal objection.
RECOMMENDATION:
City staff recommends that the City Commission ratify and approve the parking lease agreement
between Sanford Avenue, LLC, Sanford Avenue II, LLC and the City.
SUGGESTED MOTION:
"I move to approve the parking lease agreement, as proposed."
Attachments: (1). Parking lease agreement between the Sanford Avenue II, LLC and the City.
(2). Map depicting parcels leased.
(3). Proposal from City Contractor for complete demolition of 215 Sanford
Avenue.
(4). Voluntary Condemnation and Demolition Order