HomeMy WebLinkAboutPRC agreement Amend 2017/2018 AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND PROPERTY
REGISTRATION CHAMPIONS CORP.
This Agreement is made as of this .ho._.. day of , 2017 by and
between Property Registration Champions Corp., a Florida Corporatid and a Community
Champions Company (thereinafter"PRC"), with offices at 2725 Center Place, Melbourne,
Florida 32940, and the City of Cape Canaveral, a Florida municipal corporation, with an
address at 105 Polk Avenue, Cape Canaveral, FL 32920 ("City$$).
WITNESSETH:
WHEREAS, due to an overwhelming number of mortgage foreclosures on vacant
buildings and real property that are in violation of the Cape Canaveral Code of Ordinances,
the care of neglected lawns and exterior maintenance of structures is becoming a health and
welfare issue in the City of Cape Canaveral; and
WHEREAS, in order to promptly and efficiently address the issues related to the
maintenance of foreclosed vacant buildings and real property; the Cape Canaveral City
Council adopted Ordinance 07-2012 ("the Ordinance"); and
WHEREAS, pursuant to the Ordinance the City desires to enter into this
Agreement with PRC in order to provide services authorized pursuant to Ordinance 07-
2012, to register real property that is in default (hereinafter "Foreclosed Property") so that
the City can properly address violations of the City's property maintenance codes; and
WHEREAS, PRG will also provide an electronic registration process that is cost-
free and revenue-generating for the City,
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other valuable consideration received, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are deemed to be trite and accurate and are
frilly incorporated herein by this reference.
2. PRC Responsibilities ("Municipal Services").
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Property Registration Agreement
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A. PRC shall proactively contact those mortgagees that, on or after the date
that this Agreement is approved by the Cape Canaveral City Council, file
a public notice of default, lis pendens, foreclosure action, or take title to
real property via foreclosure or other any legal means, and will provide
such mortgagees with copies of the Ordinance as well as information
regarding the website for electronic registration as set forth here in
B. PRC shall provide the means for electronic registration of foreclosed properties
within the City. PRC agrees to provide a website for the registration of each
Foreclosed Property in order to enable compliance with the Ordinance. The
website will direct registrants to the City's website, and further direct traffic,
via a hyperlink, to www.ProChamps.com. The website at
www.ProChamps.com will allow mortgagees and/or responsible parties to
register property to comply with the Ordinance.
C. PRC shall investigate, report, or take corrective measures monthly to update
property status of all Foreclosed Property electronically registered and in
compliance with applicable City ordinances.
D. PRC shall pay for all expenses related to registration of all Foreclosed
Property,and all administrative costs and feesrelated thereto.
E. PRC shall charge an annual fee of Two Hundred Dollars ($200.00) per
applicant to register all mortgagees that are required to comply with Ordinance
07-2012 ("Registration Fee"). PRC shall retain fifty percent (50%) of the
Registration Fee in consideration of the services provided and remit the
balance to the City. PRC shall forward payment of the City's portion of the
Registration Fee to the City's Finance Department no later than the 1 Sth day of
each month during the Term of this Agreement.
F. PRC shall execute the City's website link agreement and meet all City IT
security, and anti-viral requirements.
3. indemnification and Hold Harmless. For all Municipal Services performed pursuant
to this Agreement, PRC agrees to the fullest extent permitted by law, to indemnify and hold
harmless the City, its employees, attorneys and officers, from and against all claims, losses,
damages,personal injuries(including but not limited to death),or liability(including reasonable
attorney's fees), directly or indirectly arising from, or out of the following: (a) the acts, errors,
omissions, intentional or otherwise, arising out of or resulting from PRC's and its employees,
partners, contractors, and agents performance of the Municipal Services and work being
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performed under this Agreement and (b) PRC's, and its employees, partners, contractors, and
agents failure to comply with the provisions of any federal, state,or local laws, ordinance, or
regulations applicable to PRC's and its employees, partners, contractors, and agents
performance under this Agreement.
The indemnification provided above shall obligate PRC to defend at its own expense or
to provide for such defense, at the option of the City, of any and all claims of liability and all
suits and actions of every name and description that may be brought against the City or its
employees and officers which may result from the Municipal Services performed under this
Agreement whether the Municipal Services are performed by the PRC, its employees,
contractors, partners and agents or anyone directly or indirectly employed by PRC. In all
events, the City shall be permitted to choose legal counsel of its sole choice, the fees for
which shall be reasonable and subject to and included with the indemnification provided
herein.
4. Term.This Agreement will terminate one(1)year from the date it is executed by the
City("Term"). In addition,the parties may agree to renew this Agreement on an annual basis
for additional one-year terms through the execution of a written amendment to this
Agreement signed by both pai 1 ies.
5. Termination. This Agreement may be terminated by either Party with or without
cause, immediately upon thirty(30) calendar days written notice. Upon termination by City,
PRC shall cease all work performed and forward to the City any Registration Fees owed to
the City.
In the event of termination of this Agreement, any reports, records, documents,forms,
and other data and documents prepared by PRC whether finished or unfinished shall be
delivered by PRC to the City Manager within seven (7) business days of termination of this
Agreement by either party. Any compensation due to PRC shall be withheld until all
documents are received as provided herein.
6. Agreement Documents. City Ordinance 07-2012 is attached hereto as Exhibit "A"
and incorporated herein by this reference.
7. Insurance. PRC shall provide and maintain in force at all times during the
Agreement with the City, such insurance, including Workers Compensation and
Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile
Liability Insurance and Errors and Omissions Insurance as rwill assure to City the protection
contained in the foregoing indemnification undertaken by PRC.
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A. General Liability Insurance: PRC shall purchase and maintain, at its own
expense,such general liability insurance to cover claims for damages because
of bodily injury or death of any person or property damage arising in any way
out of the programs, functions, and services performed by PRC and its
authorized contractors under this Agreement. The insurance shall have
minimum limits of coverage of $1,000,000.00 per occurrence combined
single limit for bodily injury liability and propertydamage liability.
B. Workers' Compensation insurance of not less than the statutory limits with
$100,000 Employers Liability.
C. Business Auto Liability coverage is to include bodily injury and property
damage arising out of operation, maintenance or use of any auto, including
owned, non-owned and hired automobiles and employee non-ownership with
limits of not less than $1,000,000.00 per occurrence.
D. Errors and Omissions Insurance limits of liability provided by such policy shall
be no less than $1,000,000.00 to assure City the indemnification specified
herein.
E. All insurance coverage shall be insurer(s) approved by the City Manager and
licensed by the state of Florida to engage in business of writing of insurance.
The City shall be named on the foregoing insurance policies as "additional
insured." PRC shall cause its insurance carriers to furnish insurance
certificates and endorsements specifying the types and amounts of coverage and
effect pursuant hereto, the expiration date on such policies, and the statement
that no insurance under such policies will be cancelled without thirty (30) days
prior written notice to the City in compliance with other provisions of this
Agreement. PRC shall be solely responsible to pay any deductible, if any,
relating to any claim made against the insurance coverages and policies
provided under this Agreement. If the City has any objection to the coverage
afforded by or other provision of the insurance required to be purchased
and maintained by PRC in accordance with this paragraph on the basis of its
not complying with the Agreement. the City shall notify PRC in writing
thereof within thirty (30) days of the date of delivery of such certificates and
endorsements to the City. For all programs, functions, and services permitted
and occurring under this Agreement, including any and all programs,
functions, and services provided and performed by PRC and by authorized
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Property Registration Agreement
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contractors, PRC shall continuously maintain such insurance in the amount,
type, and quality as required by this Agreement.
8. Confidential Information.
A. Confidential Information shall mean non-public information of a party to this
Agreement which the City is not required by the Florida Public Records Act, Ch.
119, Florida Statutes, to publicly disclose for inspection and copying. Confidential
Information of PRC includes its proprietary software and algorithms, methods,
techniques, and processes revealed by the Software that constitute a trade secret as
defined in Section 812.081, Florida Statutes, and as provided for in Sections
815.04(3) and 815.045, Florida Statutes. Confidential Information does not include
information that: (1) is or becomes known to the public without fault or breach of
the receiving party; (2) the disclosing party regularly discloses to third parties
without restriction on disclosure;or(3)the receiving party obtains from a third party
without restriction on disclosure and without breach of a written non-disclosure
obligation. Further,the parties agree that Confidential Information does not include
data stored within the PROs proprietary software or any input and/or output sensory
displays of or from the proprietary software.
B. Each party agrees to keep confidential and not disclose to any third party, and to
use only for purposes of performing or as otherwise permitted under this
Agreement, any Confidential Information.
9, Public Records. Pursuant to Section 119.0701, Florida Statutes and other applicable
public records laws, PRC agrees that any records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs, data processing software, writings or other material(s), regardless of the physical
form, characteristics, or means of transmission, of PRC related, directly or indirectly, to the
services provided to the City under this Agreement and made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City, may be deemed
to be a public record, whether in the possession or control of the City or the PRC. Said records,
documents,transactions,writings,papers,letters,computerized information and programs,maps,
books, audio or video tapes, films, photographs, data processing software, writings or other
material(s), regardless of the physical form, characteristics, or means of transmission of PRC are
subject to the provisions of Chapter 119, Florida Statutcs, and may not be destroyed without the
specific written approval of the City's designated custodian of public records.
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IF THE PRC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE PRC'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, THE CITY CLERK, AT (321) 868-1220, m.goforth@cityofeapecanaveral.org,
P.O. Box 326, Cape Canaveral, FL 32920.
PRC is required to and agrees to comply with public records laws, PRC shall keep and maintain
all public records required by the City to perform the services as agreed to herein. PRC shall
provide the City, upon request from the City Clerk, copies of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by law. PRC shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for
the duration of the Agreement term. Upon completion of the Agreement, PRC shall transfer to
the City,at no cost,all public records in possession of the PRC,provided the transfer is requested
in writing by the City Clerk. Upon such transfer, PRC shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements.
However, if the contractor keeps and maintains public records upon completion of the contract,
the PRC shall continue to keep and maintain the public records upon completion of the
Agreement and shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City Clerk, in a format
that is compatible with the information technology systems of the City. Should the City not
possess public records relating to this Agreement which are requested to be inspected or copied
by the City or any other person, the City shall immediately notify PRC of the request and the
PRC shall then provide such records to the City or allow the records to be inspected or copied
within a reasonable time. If the PRC does not comply with a public records request, the City
may enforce this Section to the extent permitted by law. PRC acknowledges that if the PRC does
not provide the public records to the City within a reasonable time, the PRC may be subject to
penalties under Section 119.10, Florida Statutes. The PRC acknowledges that if a civil action is
filed against the PRC to compel production of public records relating to this Agreement, the
court may assess and award against PRC the reasonable costs of enforcement, including
reasonable attorney fees if the court determines that PRC unlawfully refused to comply with the
public records request within a reasonable time; and at least S business days before filing the
action, the plaintiff provided written notice of the public records request, including a statement
that the PRC has not complicd with the request, to the City and to PRC. A notice complies with
this section if it is sent to the City's custodian of public records and to PRC at PRC's address
listed on its contract with the City or to PRC's registered agent. Such notices must be sent by
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Property Registration Agreement
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common carrier delivery service or by registered, Global Express Guaranteed, or certified mail,
with postage or shipping paid by the sender and with evidence of delivery, which may be in an
electronic format. PRC shall not liable for the reasonable costs of enforcement if PRC complies
with a public records request within 8 business days after the notice is sent. All public records in
connection with this Agreement shall,at any and all reasonable times during the normal business
hours of the PRC,be open and freely exhibited to the City for the purpose of examination, audit,
or otherwise. Failure by PRC to grant such public access and comply with public records laws
and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the
City upon delivery of a written notice of cancellation. If the PRC fails to comply with this
Section, and the City must enforce this Section, or the City suffers a third party award of
attorney's fees and/or damages for violating Chapter 119, Florida Statutes,due to PRC's failure
to comply with this Section, the City shall collect from PRC prevailing party attorney's fees and
costs, and any damages incurred by the City, for enforcing this Section against PRC. And, if
applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages
which the City had to pay a third party because of the PRC's failure to comply with this Section.
The City agrees to indemnify and hold harmless the PRC, its employees, attorneys and officers,
from and against all claims, losses, damages, or liability (including reasonable attorney's fees),
directly or indirectly arising from, or out of the City's failure to produce to a requestor public
records which the PRC timely provided to the City for production to such requestor in response
to a request to inspect or copy public records relating to this Agreement. The terms and
conditions set forth in this Section shall survive the termination of this Agreement.
10. Audit and Inspection.
A. All PRC's records with respect to any matters covered by this Agreement shall
be made available to the City, at any time during normal business hours, as often
as the City deems necessary,to audit,examine,and make excerpts or transcripts
of all relevant data in order to determine PRC's compliance with the terms and
conditions of this Agreement. Any deficiencies noted in audit reports must be
fully cleared by PRC within thirty (30) days after receipt by PRC. Failure of
PRC to comply with the above audit requirements will constitute a material
breach of this Agreement and may result,at the sole discretion of the City, in the
termination of this Agreement. Any incomplete or incorrect entry in PRC's
records shall be a basis for the City's disallowance and recovery of any payment
upon such entry.
B. In addition, PRC shall respond to the reasonable inquiries of any successor
companies and allow such successor companies to receive records relating to
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Property Registration Agreement
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matters of continuing significance to the City. In addition, PRC shall provide a
complete copy of all records to the City, prior to any final payment, in
accordance with this Agreement.
11. Provision of Services is a Private Undertaking. With regard to any and all Municipal
Services performed hereunder, it is specifically understood and agreed to by and between the
parties hereto that the contractual relationship between the City and PRC is such that PRC is
an independent contractor and not an agent of the City. PRC, its members, employees,
contractors, partners, agents, and their employees are independent contractors and not
employees of the City. Nothing in this Agreement shall be interpreted to establish any
relationship other than that of an independent contractor, between the City and PRC, its
members, contractors, partners, employees, or agents, during or after the performance of the
Municipal Services under this Agreement.
This Agreement shall not be construed as creating any joint employment relationship
between PRC and the City and the City will not be liable for any obligation incurred by PRC,
including but not limited to unpaid minimum wages and/or overtime premiums.
12. Notices Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by registered United States mail, with return receipt requested, hand
delivery or facsimile transmission with receipt of delivery, addressed to the party for whom
it is intended and the remaining party, at the places last specified, and the places for giving
of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions of this section. Notice shall be deemed to have been given upon receipt.
For the present, PRC and the City designate the fallowing as the respective places for giving
of notice:
City: City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Attention: City Manager
(321) 868-1220
City of Cape Canaveral
Property Registration Agreement
Page 9 of 13
Copy To: Anthony A Garganese, City Attorney
Garganese, Weiss & D'Agresta, P.A.
111 North Orange Avenue, Suite 2000
P.O. Box 2873
Orlando, Florida 32801
(407) 425- 9566
PRC: Thomas R.Darnell, Vice President
2725 Center Place
Melbourne, FL 32940
(321) 421-6639
13. Assignment.This Agreement,or any interest herein,shall not be assigned,transferred
or otherwise encumbered, under any circumstances, by PRC without the prior written
consent of City.
14. Amendment. It is further agreed that no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
15. Contingent Fees. The parties acknowledge that Geoffrey B. Sluggett & Associates,
Relationship Manager, Independent Contractor and Consultant of PRC, will receive a fee or
a commission, to be paid by PRC, as a result of the parties executing this Agreement. The
City shall not be responsible for payment of any fee(s)to Geoffrey B. Sluggett& Associates.
Geoffrey B. Sluggett&Associates is not a full-time employee of PRC and performs services
for others.
16. Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf
of the party for whom he or she is signing, and to bind and obligate such party with respect
to all provisions contained in this Agreement.
17. Laws and Ordinances. PRC shall observe all laws and ordinances of the City,
county, state, federal or other public agencies directly relating to the Municipal Services
being conducted pursuant to this Agreement.
18. Equal Employment Opportunity. In the performance of this Agreement, PRC shall
not discriminate against any firm, employee or applicant for employment or any other firm
or individual in providing services because of sex, age, race, color. religion. ancestry or
national origin.
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Property Registration Agreement
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19. Waiver. Any failure by City to require strict compliance with any provision of this
Agreement shall not be construed as a waiver of such provision, and City may subsequently
require strict compliance at any time, notwithstanding any prior failure to do so.
20. Severability. If any provision of this Agreement or application thereof to any person
or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest extent permitted by
I aw.
21. Choice of Law, Venue. This Agreement has been made and entered into in the State
of Florida, County of Brevard. and the laws of the State of Florida shall govern the validity
and interpretation of this Agreement and the performance due hereunder. The parties agree
that venue shall be exclusively in Brevard County, Florida, for all state court actions or disputes
which arise out of or based upon this Agreement, and in Orlando, Florida for all federal court
actions or disputes which arise out of or are based upon this Agreement.
22. Attorney's Fees. Except as otherwise provided by law, should either party bring an action
to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses
of such action including,but not limited to,reasonable attorney's fees,whether at settlement, trial
or on appeal.
23. Entire Agreement. This Agreement represents the entire and integrated agreement
between the City and the PRC and supersedes all prior negotiations, representations or
agreements, either written or oral.
24. Sovereign Immunity, The City intends to avail itself of the benefits of Section
768.26, Florida Statutes and any other statutes and common law governing sovereign
immunity to the fullest extent possible. Neither this provision nor any other provision of this
Agreement shall be construed as a waiver of the City's right to sovereign immunity under
Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability
under state or federal law. PRC agrees that City shall not be liable under this Agreement for
punitive damages or interest for the period before judgment. Further.City shall not be liable
for any c=laim or judgment, or portion thereof, to any one person for over two hundred
thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions
arising out of the same incident or occurrence, exceeds three hundred thousand dollars
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($300,000.00). Nothing in this Agreement is intended to inure to the benefit of any third
party for the purpose of allowing any claim which would otherwise be barred under the
doctrine of sovereign immunity or by operation of law. This paragraph shall survive
termination of this Agreement.
25. No City Obligation for Funds. No provision in this Agreement shall be construed as
requiring the City to provide any funds to PRC.
26. Headings. All headings in this Agreement are for convenience only and shall not be
used to interpret or construe its provisions.
27. No Joint Venture. No provision contained herein shall be construed as creating a joint
venture between the parties.
28. Professionalism and Standard of Care. PRC shall do, perform and carry out in a
professional manner all Municipal Services required to be performed by this Agreement. PRC
shall also use the degree of care and skill in performing the Municipal Services that are ordinarily
exercised under similar circumstances by reputable members of professional service providers
working in the same or similar locality as PRC.
29. Integration. The drafting, execution, and delivery of this Agreement by the parties have
been induced by no representations, statements, warranties, or agreements other than those
expressed herein. This Agreement embodies the entire understanding of the parties, and there
are no further or other agreements or understandings, written or oral, in effect between the
parties relating to the subject matter hereof unless expressly referred to herein.
IN WITNESS WHEREOF,this Agreement is entered into as of the day and year the last
party signs this Agreement as stated below.
AT ST: CITY OF CAPE CANAVERAL
1
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Mia Goforth, City Clerk By: David L. Greene,City Manager
Date: y5hgq A7
City of Cape Canaveral
Property Registration Agreement
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YITESS: PRC
Prin Name: 5 � Y
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Title; C_�4/Er EXEfAtj—)VE,(-)F7FjC �
Print Name: 49606 U // �1"r Date: 2,/0,0 ?
City of Cape Canaveral
Property Registration Agreement
Page 13 of 13
EXHIBIT A
ORDINANCE NO 07-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA;
RELATING TO THE REGISTRATION OF PROPERTIES IN
FORECLOSURE; AMENDING CHAPTER 82, BUILDINGS
AND BUILDING REGULATIONS, OF THE CAPE
CANAVERAL CODE OF ORDINANCES BY CREATING A
NEW ARTICLE V, REGISTRATION AND MAINTENANCE
OF PROPERTIES IN FORECLOSURE; PROVIDING FOR
PURPOSE AND INTENT, DEFINITIONS, REGISTRATION
REQUIREMENTS, MAINTENANCE REQUIREMENTS,
SECURITY REQUIREMENTS, PENALTIES,
SUPPLEMENTAL AUTHORITY AND OTHER RELATED
PROVISIONS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE,SEVERABILITY,AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority under section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,the City Council finds that property subject to a mortgage in default often ends
up in situations causing neighborhood blight as a result of lack of adequate monitoring,maintenance
and security; and
WHEREAS, the City Council recognizes that the recent wave of foreclosures during the
current economic recession has caused a significant increase in properties becoming vacant within
the City; and
WHEREAS, the abandonment of real property due to foreclosure often results in property
} becoming deteriorated and a public nuisance; and
WHEREAS, the City Council finds that mortgagees have an interest in maintaining real
property that is subject to foreclosure proceedings so the property does not become an eyesore to
the neighborhood or a public nuisance; and
WHEREAS,the City Council further finds that it is in the public interest to address,through
code enforcement, the safety, aesthetic, and economic concerns caused by real property in
foreclosure; and
WHEREAS,the City Council's intent by imposing the registration and other requirements
City of Cape Canaveral
Ordinance No.07-2012
Page 1 of 9
set forth in this Ordinance,is to decrease the likelihood of vacant real property and real property in
foreclosure from becoming public eyesores and public nuisances; and
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WHEREAS,the City Council also desires to provide a local mechanism to collect and share
information regarding foreclosed real properties so these properties can quickly move into the hands
of owners who can make productive use of them for the economic well-being of the community;and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Chapter 82 Code Amendment. Chapter 82,Article V of the Cape Canaveral
Code of Ordinances is hereby created and adopted as follows:
Chapter 82. BUILDINGS AND BUILDING REGULATIONS
* * *
ARTICLE V. REGISTRATION AND MAINTENANCE OF PROPERTIES IN
FORECLOSURE
Sec. 82-116. Purpose and Intent.
Vacant buildings and real property under foreclosure are a major source of blight in
commercial and residential neighborhoods,especially when the owner or mortgagee fails to properly
maintain said buildings and property.Vacant buildings and real property under foreclosure can also
have a negative impact on the local economy. In many cases,real property under foreclosure often
suffers from lack of maintenance and becomes neglected during the time it takes a mortgagee to
complete the foreclosure process and secure the property. Such blight and negative conditions are
hereby declared a public nuisance. It is the purpose and intent of this article to establish registration
and maintenance requirements for vacant properties and properties under foreclosure as a
mechanism to protect neighborhoods from becoming blighted and nuisances through lack of
adequate maintenance and security.
City of Cape Canaveral
Ordinance No 07-2012
Page 2 of 9
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Sec. 82-117. Definitions.
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In construing the provisions of this article, the following definitions shall apply:
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Building means any structure approved for occupancy by the city.
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Default means the mortgagee files a foreclosure action in a court of law or records a /is
pendens.
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Enforcement officer means any code enforcement officer,law enforcement officer,building
official, or fire inspector employed by or contracting with the City of Cape Canaveral authorized
to enforce this article.
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Evidence of vacancy means any real property condition that independently,or in the context
of the totality of the circumstances relevant to the real property, would lead a reasonable person to
I believe that the real property is vacant. Such conditions may include,but not be limited to, lack of
human occupancy of any building for a long period of time, overgrown or dead vegetation;
electricity and other utilities turned off; stagnant swimming pool; accumulation of trash or debris;
1 the absence of window coverings such as curtains,blinds,or shutters;the absence of furnishings or
personal items consistent with habitation or occupancy of a building; statements by neighbors,
delivery or government agents.
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Foreclosed property means real property that is in default.
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z Local property manager means an individual property manager, property management
company,property maintenance company or similar entity with a current business address and land
line telephone number within Brevard,Indian River,Orange,Osceola,Seminole,or Volusia County,
designated by the owner or mortgagee responsible for the maintenance of abandoned real property.
Owner of record means the person or entity holding recorded title to the real property in &
question as reflected in the Official Records of Brevard County, Florida.
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Secure manner shall include,but not be limited to,the closure and locking of all windows,
doors, gates, garages, and other openings that may allow access to the interior of any building or 1
structure on the real property. In the case of broken windows or doors, securing shall mean
replacing the window or door. Temporary boarding of openings may be allowed pending repairs
to the extent required by the enforcement officer to address public safety and emergency situations.
Vacant means any building that is not lawfully occupied by human beings or inhabited based 1
on the evidence of vacancy.
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Sec. 82-118. Registration Requirements.
(a) Any mortgagee who holds a mortgage on real property located within the city shall,
within ten(10) days of default by the mortgagor of the real property that is the security for
the mortgage,register the property with the city. Registration shall be on a form provided
by the city and shall include, at a minimum, the following:
(1) The mortgagee's name, direct mailing address, e-mail address, contact
person, and telephone number;
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(2) The address and parcel identification number of the real property that is being
foreclosed upon by mortgagee;
(3) Whether the property is vacant or occupied during the default period;
(4) If the real property is, or becomes, vacant, the name, street address, e-mail k
address, and telephone number of the local property manager that will work on the
mortgagee's behalf to inspect, maintain, and secure the real property;
(5) If a foreclosure complaint involving the real property has been filed in circuit
court,or the real property is subject to a bankruptcy proceeding,the style of the case,
including, court name, case number, and parties;
(6) Express authorization for city employees to enter upon the exterior of the
property in the event the property becomes vacant for the purpose of ensuring
compliance with this article.
(b) At the city's discretion,registration required by this section shall be made on a paper
form or electronically. If the city chooses electronic registration, the city may retain the
services of a third party to handle the registration requirements, provided the information
obtained pursuant to this section is made readily available to the city and accessible pursuant
to the public records laws of Florida.
(c) Any person or other legal entity that has registered a property under this section shall
be required to report any change of information contained in the registration within ten(10)
days of the change.
(d) In the event there are several mortgagees with mortgages on the property, the
registration,inspection,maintenance,and security requirements imposed by this article shall
apply to the mortgagee with the most superior mortgage that has declared the mortgage in
default unless the several mortgagees notify the city to the contrary in writing. However,
nothing herein shall prevent inferior mortgagees from voluntarily complying with this article
after a primary mortgagee registers hereunder.
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Ordinance No.07-2012
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Sec. 82-119. Registration Fees.
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I The City Council shall establish, by resolution, fees for the registration and re-registration
requirements required by this article. Said fees shall be based on the reasonable estimated cost of
administering the provisions of this article and shall be due and payable at the time of registration
1 or re-registration. The fee schedule may be based on the size and type of property being registered.
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Sec. 82-120. Mortgagee Inspection Requirements.
If the foreclosed property becomes vacant at any time, the mortgagee shall initiate and
maintain on-site inspections of the property at least once every thirty(30)days to verify compliance
with this article. Said inspections shall continue until such time as the default is cured, or the
mortgagee completes the foreclosure process and the property is sold to a third party either directly
by the mortgagee or at a foreclosure sale. Once the property is sold, the mortgagee shall provide
the city written proof of the sale in order to be relieved of the requirements of this article.
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Sec. 82-121. Maintenance Requirements. €
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The following maintenance requirements shall apply to properties subject to this article:
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(a) The property shall be kept free of excessive weeds, overgrown brush, dead
vegetation, trash, junk, debris, building materials, any accumulation of newspapers,
circulars,flyers,notices(excluding those required by federal,state, or local law),discarded
personal items such as furniture, clothing, appliances, printed materials or any other items
1 that give the a pp earance that the property is abandoned or not being pro erl maintained.
(b) The property shall be maintained free of graffiti or similar markings by removal or
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painting over with an exterior grade paint that matches the color of the exterior of the
structure.
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(c) Yards on developed property shall be regularly landscaped and maintained in good
condition pursuant to the property maintenance standards set forth in the City Code. At a
minimum, landscaping on developed property shall include, but not be limited to, grass, 1
ground covers,bushes, shrubs,hedges,mulch, or similar plantings which are appropriately
designed for residential, commercial, or industrial installation as applicable. Maintenance
1 on developed property shall include,but not be limited to, watering, irrigation, cutting and
mowing of required landscape and removal of all trimmings. Undeveloped property that has
been cleared shall be maintained in good condition free of excessive weeds,debris,and junk
pursuant to the property maintenance standards set forth in the City Code. Property in a
natural condition shall be maintained in its natural condition free and clear of debris and
junk.
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(d) Pools and spas shall be regularly kept in working order so that pool and spa water
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remains free and clear of pollutants and debris. Pools and spas shall comply with the
enclosure requirements of the City Code and Florida Building Code.
(e) Outdoor play equipment,furnishings,or other accessory structures shall be properly
maintained and secured so as not to be accessible to unauthorized persons or not to create
an attractive nuisance or safety hazard.
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(f) The property shall be regularly monitored for indications of criminal activity on the
premises such as use and sale of controlled substances,prostitution,and criminal street gang
activity. Any indication of criminal activity shall be reported to the Sheriff's Department 1
at such time it becomes reasonably known.
Sec. 82-122. Security Requirements.
(a) Buildings and structures subject to this article, and property subject to this article
which is required to be enclosed or secured in accordance with law, shall be maintained in 1
a secure manner at all times so as not to be accessible to unauthorized persons.
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(b) If a foreclosed property becomes vacant, the mortgagee shall perform, or designate
a local property manager to perform on the mortgagee's behalf, on-site inspections of the
foreclosed property to verify compliance with the requirements of this article,and any other
applicable laws. Said inspections shall occur a minimum of once every thirty(30)calendar
days unless an enforcement officer determines,in writing,that more frequent inspections are
required to ensure compliance with this article or to prevent a decline of the property, a
public or attractive nuisance, or a blight on the surrounding neighborhood. At the written
request of the city prior to any inspection required by this article,the person performing the
inspection shall be required to schedule the inspection with the city for a date and time
certain so that an enforcement officer can meet the person on-site in order to address any
compliance issues under this article.
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(c) When a foreclosed property becomes vacant, it shall be posted as follows:
(1) The posting shall contain the name and telephone number of the local
property manager, who shall be accessible at said telephone number 24 hours per
day. The posting shall be on white paper 8 1/2 by 11 inches in size and shall be in a
} type no smaller than 24 point. tr
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(2) The posting shall contain language substantially similar to the following: [
THIS PROPERTY IS MANAGED BY [NAME OF LOCAL PROPERTY
MANAGER].TO REPORT PROBLEMS OR CONCERNS,CALL[TELEPHONE
NUMBER(S) OF LOCAL PROPERTY MANAGER]. 1
(3) The posting shall be placed on the interior of a window facing the street to
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the front of the property so that it is visible from the street,or secured to the exterior
of the building/structure facing the street to the front of the property so that it is
visible from the street,or if no such area exist,on a stake of sufficient size to support
i the posting in a location that is at all times visible from the street to the front of the
1 property but not readily accessible to vandals. Exterior posting shall be constructed
of and printed with weather-resistant materials.
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Sec. 82-123. Additional Authority of Enforcement Officers; Immunity.
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(a) Enforcement officers shall have the authority to require the mortgagee and/or owner
1 of record affected by this section to implement additional maintenance and/or security
measures including,but not limited to,securing or repairing of any and all doors,windows,
1 or other openings, chaining or pad locking gates, repairing fences and gates, or other s
measure as may be reasonably required to prevent a decline of the property, a public or i
attractive nuisance, or a blight on the surrounding neighborhood. Temporary boarding of
1 openings may be allowed pending repairs to the extent required by an enforcement officer
to address public safety and emergency situations. Said additional requirements shall be
I stated in writing and shall have the force of law under this article.
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(b) Any enforcement officer authorized by the city to enforce this article shall be
immune from prosecution,civil or criminal,for reasonable good faith entry or trespass upon
r any real property while in the discharge of duties imposed by this article.
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Sec. 82-124. Enforcement; Penalties.
(a) The provisions of this article may be enforced and penalties imposed on mortgagees
and/or owners of record for violations of this article as provided by law. Without limiting
the city's right to impose any other penalties as provided by law, or to enforce this article
by any other lawful means,a violation of this article shall be deemed a class IV violation for
t code enforcement citation purposes. Nothing under this article shall be construed as
imposing liability on local property managers acting on a mortgagee's behalf pursuant to this
I article.
1 (b) Upon failure of the mortgagee to comply with the maintenance or security requirements
under this article, the city manager or designee may take such appropriate action deemed
necessary to remedy a maintenance and security failure on property subject to this article.
Any such action taken on such premises shall be charged against the real estate upon which
1 the building or structure is located and shall be a lien upon such real estate. Any such lien
shall be superior to all other liens except those of state, county or municipal taxes and shall
be on a parity with liens of state, county or municipal taxes. Further, such lien shall bear
interest at the maximum rate permitted by state law and costs of collection, and shall i
continue to be a lien against the real estate until paid.
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Sec. 82-125. Supplemental Authority.
This article shall be deemed in addition and supplemental to any other provision of law.
Section 3. Amendment to Section 2-283. Section 2-283 of the Cape Canaveral Code
of Ordinances is hereby amended as follows(underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in section 2-283. It is intended that the text in section 2-283 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
Sec. 2-283. Applicable codes and ordinances; class violations.
(a) The following city codes and ordinances may be enforced by civil citation to the
Brevard County Court, and are assigned the violation classification enumerated below:
* * *
(13) Chapter 82, Article V, Registration and Maintenance of Properties in
Foreclosure . . . . Class IV.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the City
Code for the City of Cape Canaveral, and any section or paragraph, number or letter, and any
heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,
typographical, and like errors may be corrected and additions, alterations, and omissions, not
affecting the construction or meaning of this Ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive,procedural,or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
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I TED by t 'e City Council of the City of Cape Canaveral, Florida, this 15th day of 1
May,2 2. n`•. AN'i
A L_ ' car. Betty Wa ,Mayor Pro Tern
ATtST:- For Against
/II sc "~ John Bond g Att.
1 ANG L�14> ty Clerk Bob Hoog Second
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Buzz Petsos Motion
1 Rocky Randels Absent
d Betty Walsh X s
k.
I First Reading: April 17,2012
Legal Ad published: April 23,2012
i Second Reading: May 15,2012
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Approved . . o legal form and sufficiency
for the f• • " . se Canaveral only by:
• THONY A. GARGANESE,City Attorney
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City of Cape Canaveral
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