HomeMy WebLinkAbout305 Surf - SUBACCITY OF CAPE CANAVERAL
I 00 POLK A VENUE
CAPE CANAVERAL, FL 32920
(321) 868-1220 phone (321) 868-1247 fax
bu i ldingforrns@cityofcapecanaveral .org
Application Fee: $30.00
Pem1i t # ----------
Tracking#---------
Application Date: ______ _
Permit Total :
APPLICATION FOR BUILDING .PERMIT
Florida Building Code in effect: 6111 Edition
PROPERTY INFORMATION
TWP: 24 ---RNG: 37 ---SEC: 14 ---SUB #: 51 ·---BLK/PAR: 00007.0 LOT: 0003.00
Site Address: 305 Surf Drive Cape Canaveral, FL 32920
# Street City Zip
Owner's Name :
Last First Telephone Number
Owner's Address:
# Street City Zip
CONTRACTOR'S INFORMATION (APPLICANT)
Qual ifier Name: Crisafulli, James M CGC 1521159
Last First License#
Company Name: _K:...:.i"""'n=le .... v...a.F-=LA:....:....:L=L=Ca..-________________________ _
Address: 3401 N Courtenay Pkwy .. Merritt Island. FL 32953
# Street City Zip
Phone #: (321) 639-4400 Fax#: (321) 639-4408
E-Mail: jcrisafulli@kinleyfl.com; cc: jriley@kinleyfl.com
PROJECT TNFORMA TION Ii] Residential D Commercial Site Plan #: -------
Describe Work To Be Done: Demolition services solely limited to swimming pool and screened enclosure
Cost of Project: $ _..:..;15::..i..:..7.:.;00:.:·.:.D.:.O ____ _ Proposed Sq. Ft.:
(copyof contract rtquirtd) (total ntw ronstrudion)
SUBCONTRACTOR INFORMATION:
PRINT FIRST & LAST NA ME
Plum bing: license#: Phone:
Electrical. Liceuse #; Phone.
HVAC Licwse #: Phone:
Roofing: Lict11Se #: Phone.
Specialty· License#; Phone:
FORM DATE: 3/26/2018 PAGE 1 of2 FORM: APPL
Return to:
Mia Goforth, CMC, City Clerk
City of Cape Canaveral
100 Polk A venue
Cape Canaveral, Florida 32920
SPECIAL ASSESSMENT LIEN
ABATEMENT OF UNSAFE STRUCTURE
KNOW ALL PEOPLE BY THESE PRESENTS:
1. That the City of Cape Canaveral, a Florida Municipal Corporation, 100 Polk A venue Cape Canaveral, Florida
32920, has a Special Assessment Lien in the sum set forth below against the following described real property located
in said City, to wit:
305 Surf Drive, Cape Canaveral, Florida 32920
Legally described as:
LOT 3, BLOCK 7, CAPE CANAVERAL BEACH GARDENS, UNIT 2, according to the plat thereof as
recorded in Plat Book 17, Page 81, Public Records of Brevard County, Florida.
Parcel ID No. 24-37-14-51-00007.0-0003.00
2. Pursuant to Section 82-56, of the City of Cape Canaveral Code, a Special Assessment Lien in the amount of
Twenty-Two Thousand Seven Hundred Twenty-Five and 50 /100 Dollars($ 22,725.50) inclusive of contractor
demolition costs, administrative expenses, recording fees, and attorneys' fees, is hereby assessed against the real
property legally described herein. Said Lien shall accrue interest in the rate of 5. 72% per annum (the rate established
by Florida's ChiefFinancial Officer as of the date of this Lien) from the date of this Lien, and shall be recorded in the
official records of Brevard County, Florida. Pursuant to Section 82-56, of the City of Cape Canaveral Code, such lien
shall be enforceable in the same manner as a tax lien in favor of the City and may be satisfied at any time of payment
thereof, including accrued interest.
ST ATE OF FLORIDA
COUNTY OF BREY ARD
CITY OF CAPE CANA YERAL, FLORIDA:
By: D~ "'t... H -~
David L. Greene, City Manager
The foregoing instrument was acknow ledge~befo me this 'C day of June, 2018, by DA YID L. GREENE,
City Manager of the City of Cape Canaveral, who is per, o ally known to me d who did not take an oath.
~C-
NOT ARY PUBLIC
,tt:'""'"' .t~r~~ PATRICEC.HUFfMAN !*r/ii~ :*i MY CCMfSSION t FF 178662 \~cl,; EXPIRES: November 23, 2018 •4",t\l•• Bonded Thru Notary Pubic; lJnd«writen
Site Address: 305 Surf Drive, Cape Canaveral, FL 32920
Owner's Name:
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 YOU .
SCHEDULE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT. Intl. __ _
** NOTICE: In addition to the requirements of this pe11mit, there may be additional restrictions
applicable to this property that may be found in the public records of this county or that may be required
from other governmental entities such as water management district, state agencies or federal agencies.
APPLICANT'S AFFIDAVIT
Application is hereby made to obtain a permit to do the work and installations as indicated. I acknowledge
and accept responsibility for compliance with all applicable codes, regulations and ordinances as well as the
payment of all legally constituted fees regarding this development application, including but not limited to
ALL REVIEW FEES, PERMIT FEES, IMPACT FEES AND RESERVATION FEES.
James M Crisafulli
Date: June1,2018
State of Florida
County of Brevard
t/Contractor
Subscribed and sworn to before me this 1st day
of June , 2018 , personally
appeared James M. Crisafulli
who is personally known to me or produced
-----------as identification,
and\ to di~~~l.1.
blic Signature
Seal .-..it~'.~ JAMI£ D RILEY [~» MY COMMISSION# FF232738
":.~ ; EXPIRES June 12. 2019 .. ,,,~ .. ':
DISCLAIMER: The City of Cape Canaveral's approval of
this development permit does not create any right for the
permittee lo obtain a permit from a state orfederal agency.
Further, pursuant to section 166.033, Florida Statutes, the
City a/Cape Canaveral shall not be liable/or issuance of
this development permit in the event a permittee jails to
obtain any other required approval.fails to fulfill
obligations imposed by a state orfederal agency, or
undertakes actions that result in a violation of state or
federal law.
The issuance of this development permit is expressly
conditioned upon the permittee obtaining all other applicable
state orfederal permits, if any, prior to the commencement of
the development authorized by the City's development permit.
FORM DA TE: 3/26/2018 PAGE2 of2 FORM: APPL
City of Cape Canaveral
Community Development Department
November 30, 2017
Owners of the property located at:
305 Surf Drive, Cape Canaveral, Florida 32920
Parcel Id: 24-37-14-51-00007.0-0003.00
Attention: SCHMITZ, GERHARDT
Case#: 2017-177
Subject Property Address: 305 SURF DRIVE, CAPE CANAVERAL, FLORIDA 32920
NOTICE OF VIOLATION
UNSAFE STRUCTURES AND IMMINENT HAZARD -PUBLIC NUISANCE
Notice is hereby given to the owner of the subject property stated above that the undersigned building
official has conducted an area inspection of the subject property and has determined the swimming pool
structure thereon is unsafe and constitutes an imminent danger to the occupant and the public health,
safety and welfare pursuant to Section 82-56 of the City of Cape Canaveral Code (The Standard Unsafe
Building Abatement Code, 1985 edition (SUBAC). The basis of this determination is more specifically
stated herein.
Ins ection Number Ins ector Date
2017-177 MICHAEL GERMAN, BUILDING OFFICIAL 11 /30/2017
I ti N b nspec on um er V"lti D IO a on . ti escnp on v· l ti C 10 a on t ommen s
2017-177 SUBAC Sec. 202 Definition of Structure. That which is built or constructed
Swimming pool constitutes a structure.
SUBAC Sec. 101.6 All existing structures, and all
parts thereof, shall be maintained
in a safe and sanitary condition.
The owner shall be responsible
for the maintenance of structures.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canavetal, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
SUBAC Sec. 202, The Swimming Pool Any structure that has any of the
constitutes an unsafe building as defined following conditions such that the
in Paragraphs 6, 7, 8, 9, and 10 life, health, property or safety of
its occupants or the general public
are endangered:
6. If for any reason the structure
or portion thereof is manifestly
unsafe or unsanitary for the
purpose for which it is being
used.
7. The structure or portion thereof
as a result of decay, deterioration
or dilapidation is likely to fully or
partially collapse.
8. The structure or portion thereof
has been maintained in violation
of a specific requirement of the
City Code. See Chapter 34,
Article III, Property Maintenance
Standards, City Code, specifically
34-96(b)(d) and 34-98(4) stated
below.
9. Any structure or portion
thereof that is in such a condition
as to constitute a public nuisance.
10. Any structure or portion
thereof that is unsafe, unsanitary
or is otherwise dangerous to
human life, or which in relation to
existing use, constitutes a hazard
to safety or health by reason of
inadequate maintenance,
dilapidation, obsolescence or
abandonment.
Chapter 34, Article III, Property (a) Maintenance and upkeep are
Maintenance Standards, Sec. 34-96(a)(b), required for all the land
City Code improvements within the City.
(b) The owner of every single-
family property or his appointed
agent and any occupant, operator,
tenant or anyone otherwise using
the property in any form or
manner shall be responsible for
maintaining the exterior in a
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canavetal, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www .ci tyofcapecanaveral .org e-mail: info@cityofcapecanaveral.org
'
clean, sanitary and safe condition.
All parts thereof shall be
maintained in good repair and
shall be capable of performing the
function for which such structure
or part of any feature thereof was
designed or intended to be used.
Chapter 34, Article III, Property· Exterior property areas of all
Maintenance Standards, Sec. 34-96( d), premises shall be kept free of all
City Code nuisances, litter, rubbish, debris,
Sec. 34-91 Definitions: objects, material or conditions
Blighting means any cause of destruction which may create a health or fire
or ruin; to cause to wither or decay. hazard. Exterior property areas
shall be free of unsanitary
Deterioration means the condition or conditions which constitute a
appearance of a building or parts thereof blighting or deteriorating
showing evidence of physical decay, influence on the neighborhood.
neglect, excessive use or lack of Lawns, landscaping, driveways
maintenance. and fences shall be maintained so
as not to constitute a blighting or
Nuisance means everything that deteriorating effect in the
endangers life or health, gives offense to neighborhood.
senses, violates the laws of decency or
obstructs reasonable and comfortable use
of property.
Chapter 34, Article III, Property The owner of every single-family
Maintenance Standards, Sec. 34-97 dwelling, his appointed agent and
(a)(5)(6) the occupant, operator, tenant or
Sec. 94-91 Definitions: anyone otherwise using the
property in an y form or manner
Infestation means the presence of insects, shall maintain the premises free
termites, rodents, vermin or other pests on of hazards which include but are
the premises which constitute a health or not limited to:
structural hazard. (5) Excessive accumulation of
stonnwater
( 6) Source of infestation
Chapter 34, Article III, Property Buildings and appurtenances,
Maintenance Standards, Sec. 34-98(4) including signs, should be
cleaned, painted, repaired and
free of mildew as required to
present a neat appearance.
Deteriorated, worn or damaged
portions should be rebuilt or
replaced. All surfaces shall be
maintained free of broken glass,
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail : info@cityofcapecanaveral.org
loose shingles, crumbling stone or
brick, excessive peeling paint or
other conditions reflective of
deterioration or inadequate
maintenance to the end that the
property itself may be preserved
safe from fire hazards.
A recent visual area inspection of the subject property conducted by the City's Building Official and/or
Code Enforcement Official revealed evidence that the existing swimming pool in the rear yard is
seriously dilapidated and unsafe in violation of several City Code violations including, but not limited to
the following generally described conditions:
• The swimming pool has not been maintained. Particularly, the swimming pool
has popped out of ground, suffers from major structural damage, and is in a
state of serious decay and deterioration that it is no longer repairable.
• The swimming pool is not performing the function for which such structure or part of
any feature thereof was designed or intended to be used.
• The surrounding pool decking is cracked and damaged.
• The pool screen enclosure has no screening and is not performing the function for which such
structure or part of any feature thereof was designed or intended to be used.
• The swimming pool is open to weather elements and capable of capturing and storing
rainfall/ storm water.
• The swimming pool contains excessive accumulation of stagnated and untreated water (standing
water) that could likely be a source of infestation of mosquitos and other insects and pests which
constitutes a health hazard to the public especially the occupant and surrounding properties.
• Brevard County is currently under Executive Order Number 17-260, issued by the Governor,
continuing the declaration of a public health emergency related to the Zika virus, specifically
mentioning that standing water could exacerbate the Zika threat creating an environment likely
to increase mosquito populations.
• The swimming pool and screen enclosure structure pose an immediate hazard to the life and safety
of the public and the occupant.
BASED ON THE INFORMATION AND CITY CODE VIOLATIONS CITED ABOVE, THE
SWIMMING POOL AND SCREEN ENCLOSURE LOCATED ON THE SUBJECT PROPERTY
ARE HEREBY DEEMED "UNSAFE" AND A PUBLIC NUISANCE PURSUANT TO THE
STANDARD UNSAFE BUILDING AND ABATEMENT CODE (SUBAC) AND SECTION 82-56
OF THE CITY CODE, AND ARE DEEMED IN VIOLATION OF SECTIONS 34-96, 34-97, and
34-98 AS REFERENCED ABOVE. A PLACARD EVIDENCING SAID DETERMINATION
WILL BE POSTED ON THE SUBJECT PROPERTY PURSUANT TO SECTION 304 of SUBAC.
FURTHER, DUE TO THE UNSAFE, UNSANITARY CONDITION OF THE SWIMMING POOL
AND THE AREA IMMEDIATELY SURROUNDING THE POOL, THE SWIMMING POOL
AND SAID AREA ARE NOT FIT FOR HUMAN OCCUPANCY. THEREFORE, IN
ACCORDANCE WITH THE PROVISIONS OF THE SUBAC, IT SHALL BE UNLAWFUL FOR
Mailing Address: P.O. Box 326 Physiclll Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222-Fax (321) 868-1247
www .cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
• ..
ANY PERSON TO ENTER THE SWIMMING POOL AND THE AREA IMMEDIATELY
SURROUNDING THE POOL WITHOUT WRITTEN PERMISSION OF THE BUILDING
OFFICIAL EXCEPT FOR THE PURPOSE OF SECURING THE SWIMMING POOL FROM
THE HAZARDOUS CONDITION OR DEMOLISHING THE SAME.
ACCORDINGLY, DUE TO THE UNSAFE CONDITION OF THE SWIMMING POOL AND
AREA IMMEDIATELY SURROUNDING THE POOL MUST BE VACATED EFFECTIVE
IMMEDIATELY, AND THIS ORDER SHALL ST AND UNTIL THE CONDITIONS AND
DEFICIENCIES CITED IN THIS NOTICE ARE CORRECTED.
The conditions and/or deficiencies stated above must be remedied through the demolition of the
swimming pool and screen enclosure in accordance with the requirements of a demolition permit issued
by the Building Official. The conditions and/or deficiencies must be remedied no later than
December 21, 2017. Please immediately contact the City's Building Official, Michael German, at
321-868-1222, Ext. 14 to obtain important additional information regarding the permits that you
will be required to obtain from the City in order to remedy the Code violations.
Pursuant to Section 82-56 of the City Code, if remedial action is not taken, the City may take
additional enforcement action against you including, but not limited to, initiating legal
proceedings before the City's Code Enforcement Board and performing or causing to be
performed the required demolition of the swimming pool and screen enclosure structures and
clean-up of the subject property, the costs of which may be approved and recorded as a special
assessment lien against the owner of the subject property in order to recover costs. Failure to
correct the violation(s) could also result in the City levying code enforcement fines against you
in an amount up to $500.00 per day that the violation remains.
If any person having a legal interest in the subject property wishes to contest in whole or in part
the material allegations in this notice of violation; or desires to assert that the time periods
expressed herein create an undue hardship; or desires to assert that the true intent or meaning
of the relevant provisions of the City Code and SUBAC have been misconstrued; or desires to
make any other relevant argument, the parties have a right to an appeal at a public hearing
before the City's Construction Board of Adjustment. Any request for an appeal and public
hearing before the City's Construction Board of Adjustment must be submitted in writing
to Michael German, Building Official, 105 Polk Avenue, Cape Canaveral, Florida 32920,
within thirty (30) days of the date of being served this notice; otherwise, the right to an
appeal hearing is waived. The written request for an appeal and public hearing must
contain the following information:
1. Identification of the structure concerned by street address or legal description;
2. A statement identifying the legal interest of each appellant;
3. A statement identifying the specific order or section being appealed;
4. A statement detailing the issues on which the appellant desires to be heard; and
5. The legal signature of all appellants and their official mailing address.
If an appeal is filed, the public hearing will occur within 60 days from the date the appeal is filed with the building official.
Written notice of the date, time and location of the public hearing will be provided to the appellant(s).
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Cana;veral, FL 0 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www .cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
. '
PLEASE GOVERN YOURSELF ACCORDINGLY.
t!lt!.a ~
City of Cape Canaveral
Building Official
Certified Mailing Numbers:
Gerhardt Schmitz: 70171450000122386744
CC: Wells Fargo Bank NA, Foreclosure Department: 70171450000122386737
Mailing Address: P .0. Box 326 Physical Address: 110 Polk A venue
Cape Canaveral, FL' 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
~
City of Cape Canaveral
Community Development Department
May 22, 2018
Via US Mail, Hand Delivery, and Posting at Property
Owners of the property located at:
305 Surf Drive, Cape Canaveral, Florida 32920
Parcel Id: 24-37-14-51-00007.0-0003.00
Attention: SCHMITZ, GERHARDT
Re: Demolition Unsafe Structure at 305 Surf Drive, Cape Canaveral, Florida
To Property Owner and All Occupants:
Pursuant to Section 82-56 of the City of Cape Canaveral Code (The Standard Unsafe Building
Abatement Code, 1985 edition (SUBAC, and the Notice of Violation issued on November 30, 2017, notice
is hereby given that the unsafe swimming pool structure at 305 Surf Drive, Cape Canaveral, Florida
shall be demolished and the unsafe condition made safe by the City of Cape Canaveral. The
demolition and related work will be performed by the City and its contractor commencing on May
29, 2018 at approximately 9:00 am or soon thereafter. Said work may take up to seven working
days to fully complete.
The demolition and related work that will occur on the subject property will generally include:
1. Protecting the sidewalk for the equipment traffic.
2. Provide for the closure of a portion of the sidewalk.
3. Relocate any trash or debris on site to gain access to the pool area.
4. Disconnect electric and plumbing to the pump.
5. Remove screening cage.
6. Remove Pool pump.
7. Remove pool decking.
8. Demo pool tank to approximately 2' to 3'below grade and remove concrete.
9. Cut hole at bottom of pool to allow for future draining.
10. Fill and compact new dirt at pool and pool deck area.
11. Sod damaged area with Bahia sod.
12. Clean related sidewalk and replace any related damaged areas.
I 00 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
www.cityofcapecanaveral.org • email: m.gennan~cityofcapecanaveral.org
THE
SPACE
BETWEEN'
Any personal items or property not removed from the pool structure and surrounding area may be
destroyed, sold, or otherwise utilized by the City in accordance with City Code.
All costs incurred by the City related to this action shall be a lien against the subject property and
shall be collected in a manner provided by law.
All questions about the demolition should be directed to me.
PLEASE GOVERN YOURSELF ACCORDINGLY
Mich 1 German, Building Official
Cc: Ci Clerk
100 Polk Avenue• Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax : (321) 868-1247
THE
SP4CE
BETWEEN.
~ Return to:
Mia Goforth, CMC, City Clerk
City of Cape Canaveral
100 Polk Avenue
Cape Canaveral, Florida 32920
CFN 2018129378, OR BK 8184 PAGE 2145.
Recorred 06/08/2018 at 01 :08 PM, Scott Ellis, Clerk of Courts Brevard County '
It Pgs:1
SPECIAL ASSESSMENT LIEN
ABATEMENT OF UNSAFE STRUCTURE
KNOW ALL PEOPLE BY THESE PRESENTS:
1. That the City of Cape Canaveral, a Florida Municipal Corporation, 100 Polk A venue Cape Canaveral, Florida
32920, has a Special Assessment Lien in the sum set forth below against the following described real property located
in said City, to wit:
305 Surf Drive, Cape Canaveral, Florida 32920
Legally described as:
LOT 3, BLOCK 7, CAPE CANAVERAL BEACH GARDENS, UNIT 2, according to the plat there9f as
recorded in Plat Book 17, Page 81, Public Records of Brevard County, Florida.
Parcel ID No. 24-37-14-51-00007.0-0003.00
2. Pursuant to Section 82-56, of the City of Cape Canaveral Code, a Special Assessment Lien in the amount of
Twenty-Two Thousand Seven Hundred Twenty-Five and 50 /100 Dollars($ 22,725.50) inclusive of contractor
demolition costs, administrative expenses, recording fees, and attorneys' fees, is hereby assessed against the real
property legally described herein. Said Lien shall accrue interest in the rate of 5. 72% per annum (the rate established
by Florida's ChiefFinancial Officer as of the date of this Lien) from the date of this Lien, and shall be recorded in the
official records of Brevard County, Florida. Pursuant to Section 82-56, of the City of Cape Canaveral Code, such lien
shall be enforceable in the same manner as a tax lien in favor of the City and may be satisfied at any time of payment
thereof, including accrued interest.
ST A TE OF FLORJDA
COUNTY OF BREY ARD
CITY OF CAPE CANA YERAL, FLORIDA:
By: !Jo-J, '"L H .~
David L. Greene, City Manager
The foregoing instrument was acknowledge~befo me this '{ day of June, 2018, by DA YID L. GREENE,
City Manager of the City of Cape Canaveral, who i pe o ally known to me d who did not take an oath. ~c.
. NOTARY PUBLIC
, ....... ,..,
.. ~r~. PAlHICE C. HUFfMAN f<tra~ ;"i MY CCM.41SSK)N, FF 178662 l~$1 EXPIRES: November 23, 2018 ,ii(,,'~,, Bonded Thru Notay Public lJndenrnitm
.... ·· · ... :."/"":" -· .~~-·
J .-
/·
: if
May 22, 2018
City of Cape Canaveral
Community Development Department
Via US. Mail, Hand Delivery, and Posting at Property
Owners of the property located at:
305 Surf Drive, Cape Canaveral, Florida 32920
Parcel Id: 24-37-14-51-00007.0-0003.00
Attention: SCHMITZ, GERHARDT
Re: Demolition Unsafe Structure at 305 Surf Drive, Cape Canaveral, Florida
To Property Owner and All Occupants:
Pursuant to Section 82-56 of the City of Cape Canaveral Code (The Standard Unsafe Building
Abatement Code, 1985 edition (SUBAC, and the Notice of Violation issued on November 30, 2017, notice
is hereby given that the unsafe swimming pool structure at 305 Surf Drive, Cape Canaveral, Florida
shall be demolished and the unsafe condition made safe by the City of Cape Canaveral. The
demolition and related work will be performed by the City and its contractor commencing on May
29, 2018 at approximately 9:00 am or soon thereafter. Said work may take up to seven working
days to fully complete.
The demolition and related work that will occur on the subject property will generally include:
1. Protecting the sidewalk for the equipment traffic.
2. Provi de for the closure of a portion of the sidewalk.
3. Relocate any trash or debris on site to gain access to the pool area.
4. Disconnect electric and plumbing to the pump.
5. Remove screening cage.
6. Remove Pool pump.
7. Remove pool decking.
8. Demo pool tank to approximately 2' to 3'below grade and remove concrete.
9. Cut hole at bottom of pool to allow for future draining.
10. Fill and compact new dirt at pool and pool deck area.
11. Sod damaged area with Bahia sod.
12. Clean related sidewalk and replace any related damaged areas.
100 Polk A venue • Post Office Box 326 • Cape Cana veral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org
THE
SPACE
BETWEEN"
Any personal items or property not removed from the pool structure and surrounding area may be
destroyed, sold, or otherwise utilized by the City in accordance with City Code.
All costs incurred by the City related to this action shall be a lien against the subject property and
shall be collected in a manner provided by law.
All questions about the demolition should be directed to me.
PLEASE GOVERN YOURSELF ACCORDINGLY
Mich 1 German, Building Official
Cc: Ci Clerk
I 00 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-124 7
www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org
THE
SPACE
BETWEEN"
Cost to Remove Pool -2017 Cost Calculator (Customizable) Page I of 4
Cost Estimating Tool
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Updated. August 2017
Pool Removal and Zip Code Cubic
Backfilling Calculator 32920 Yards Update j
64
Item details Qty Low High
~ Pool Removal Labor, 86.3 $4,776.45 $5,789.64
Basic h . I b rs Basic a or to remove pool
with favorable site
conditions. Demolish /
remove perimeter coping,
tile and concrete to depth
of at least 1 m/3ft below
grade. Disconnect and
remove all plumbing and
water processing/filtering
equipment. Create
drainage holes every 100
sf along base of pool.
Backfill with soil (cost of
soil is extra). Includes
planning, equipment and
material acquisition, area
preparation and protection,
setup and cleanup.
~ Pool Removal Equipment 1 job
Allowance
Job related costs of
specialty equipment used
for job quality and
efficiency, including: Skid
loader with excavation I
demolition I loading
attachment. Daily rental.
Consumables extra.
~ Pool Removal Debris
Disposal
Costs to load and haul
64
cubic
away old materials, yards
installation waste and
associated debris.
$158.15 $224.36
$370.75 $421.75
$5,305.35 $6,435.74
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~ Return to :
Mia Goforth, CMC, City Clerk
City of Cape Canaveral
I 00 Polk A venue
Cape Canaveral, Florida 32920
CFN 2018129378,0R BK 8184 PAGE 2145.
Recorded 06/08/2018 at 01:08 PM , Scott Ellis, Clerk of Courts
Brevard Count_y '
If Pgs:1
SPECIAL ASSESSMENT LIEN
ABATEMENT OF UNSAFE STRUCTURE
KNOW ALL PEOPLE BY THESE PRESENTS:
1. That the City of Cape Canaveral, a Florida Municipal Corporation, 100 Polk A venue Cape Canaveral, Florida
32920, has a Special Assessment Lien in the sum set forth below against the following described real property located
in said City, to wit:
305 Surf Drive, Cape Canaveral, Florida 32920
Legally described as:
LOT 3, BLOCK 7, CAPE CANAVERAL BEACH GARDENS, UNIT 2, according to the plat thereof as
recorded in Plat Book 17, Page 81, Public Records of Brevard County, Florida.
Parcel ID No. 24-37-14-51-00007.0-0003.00
2. Pursuant to Section 82-56, of the City of Cape Canaveral Code, a Special Assessment Lien in the amount of
Twenty-Two Thousand Seven Hundred Twenty-Five and 50 /100 Dollars($ 22,725.50) inclusive ofcontractor
demolition costs, administrative expenses, recording fees, and attorneys' fees, is hereby assessed against the real
property legally described herein. Said Lien shall accrue interest in the rate of 5. 72% per annum (the rate established
by Florida's Chief Financial Officer as of the date of this Lien) from the date of this Lien, and shall be recorded in the
official records of Brevard County, Florida. Pursuant to Section 82-56, of the City of Cape Canaveral Code, such lien
shall be enforceable in the same manner as a tax lien in favor of the City and may be satisfied at any time of payment
thereof, including accrued interest.
ST ATE OF FLORIDA
COUNTY OF BREVARD
CITY OF CAPE CANAVERAL, FLORIDA:
By: .!Jo.-J, "L H ~
David L. Greene, City Manager
,••""''"' ~~t'1tj.\ PATRICE C. HUFFMAN t,,(/.i/ }1 MY CO,,USSICJN I FF 178662 ,~.i.., EXPIRES: November 23, 201B ,.y(.,r,l,• Bonded Tbru Nolary Pubic Underwriteis
City of Cape Canaveral
Community Development Department
November 30, 2017
Owners of the property located at:
305 Surf Drive, Cape Canaveral, Florida 32920
Parcel Id: 24-37-14-51-00007.0-0003.00
Attention: SCHMITZ, GERHARDT
Case#: 2017-177
Subject Property Address: 305 SURF DRIVE, CAPE CANAVERAL, FLORIDA 32920
NOTICE OF VIOLATION
UNSAFE STRUCTURES AND IMMINENT HAZARD -PUBLIC NUISANCE
Notice is hereby given to the owner of the subject property stated above that the undersigned building
official has conducted an area inspection of the subject property and has determined the swimming pool
structure thereon is unsafe and constitutes an imminent danger to the occupant and the public health,
safety and welfare pursuant to Section 82-56 of the City of Cape Canaveral Code (The Standard Unsafe
Building Abatement Code, 1985 edition (SUBAC). The basis of this determination is more specifically
stated herein.
Ins ection Number Ins ector Date
2017-177 MICHAEL GERMAN, BUILDING OFFICIAL 11/30/2017
I f N b nspec Ion um er V' If D IO a IOn 'f escnp ion v· I ti C IO a on t ommen s
2017-177 SUBAC Sec. 202 Definition of Structure. That which is built or constructed
Swimming pool constitutes a structure.
SUBAC Sec. 101.6 All existing structures, and all
parts thereof, shall be maintained
in a safe and sanitary condition.
The owner shall be responsible
for the maintenance of structures.
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
SUBAC Sec. 202, The Swimming Pool Any structure that has any of the
constitutes an unsafe building as defined following conditions such that the
in Paragraphs 6, 7, 8, 9, and 10 life, health, property or safety of
its occupants or the general public
are endangered:
6. If for any reason the structure
or portion thereof is manifestly
unsafe or unsanitary for the
purpose for which it is being
used.
7. The structure or portion thereof
as a result of decay, deterioration
or dilapidation is likely to fully or
partially collapse.
8. The structure or portion thereof
has been maintained in violation
of a specific requirement of the
City Code. See Chapter 34,
Article III, Property Maintenance
Standards, City Code, specifically
34-96(b )( d) and 34-98( 4) stated
below.
9. Any structure or portion
thereof that is in such a condition
as to constitute a public nuisance.
10. Any structure or portion
thereof that is unsafe, unsanitary
or is otherwise dangerous to
human life, or which in relation to
existing use, constitutes a hazard
to safety or health by reason of
inadequate maintenance,
dilapidation, obsolescence or
abandonment.
Chapter 34, Article III, Property (a) Maintenance and upkeep are
Maintenance Standards, Sec. 34-96(a)(b), required for all the land
City Code improvements within the City.
(b) The owner of every single-
family property or his appointed
agent and any occupant, operator,
tenant or anyone otherwise using
the property in any form or
manner shall be responsible for
maintaining the exterior in a
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
clean, sanitary and safe condition.
All parts thereof shall be
maintained in good repair and
shall be capable of performing the
function for which such structure
or part of any feature thereof was
designed or intended to be used.
Chapter 34, Article III, Property Exterior property areas of all
Maintenance Standards, Sec. 34-96(d), premises shall be kept free of all
City Code nuisances, litter, rubbish, debris,
Sec. 34-91 Definitions: objects, material or conditions
Blighting means any cause of destruction which may create a health or fire
or ruin; to cause to wither or decay. hazard. Exterior property areas
shall be free of unsanitary
Deterioration means the condition or conditions which constitute a
appearance of a building or parts thereof blighting or deteriorating
showing evidence of physical decay, influence on the neighborhood.
neglect, excessive use or lack of Lawns, landscaping, driveways
maintenance. and fences shall be maintained so
as not to constitute a blighting or
Nuisance means everything that deteriorating effect in the
endangers life or health, gives offense to neighborhood.
senses, violates the laws of decency or
obstructs reasonable and comfortable use
of property.
Chapter 34, Article III, Property The owner of every single-family
Maintenance Standards, Sec. 34-97 dwelling, his appointed agent and
(a)(5)(6) the occupant, operator, tenant or
Sec. 94-91 Definitions: anyone otherwise using the
property in any form or manner
Infestation means the presence of insects, shall maintain the premises free
termites, rodents, vermin or other pests on of hazards which include but are
the premises which constitute a health or not limited to:
structural hazard. (5) Excessive accumulation of
storm water
( 6) Source of infestation
Chapter 34, Article III, Property Buildings and appurtenances,
Maintenance Standards, Sec. 34-98( 4) including signs, should be
cleaned, painted, repaired and
free of mildew as required to
present a neat appearance.
Deteriorated, worn or damaged
portions should be rebuilt or
replaced. All surfaces shall be
maintained free of broken glass,
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
loose shingles, crumbling stone or
brick, excessive peeling paint or
other conditions reflective of
deterioration or inadequate
maintenance to the end that the
property itself may be preserved
safe from fire hazards.
A recent visual area inspection of the subject property conducted by the City's Building Official and/or
Code Enforcement Official revealed evidence that the existing swimming pool in the rear yard is
seriously dilapidated and unsafe in violation of several City Code violations including, but not limited to
the following generally described conditions:
• The swimming pool has not been maintained. Particularly, the swimming pool
has popped out of ground, suffers from major structural damage, and is in a
state of serious decay and deterioration that it is no longer repairable.
• The swimming pool is not performing the function for which such structure or part of
any feature thereof was designed or intended to be used.
• The surrounding pool decking is cracked and damaged.
• The pool screen enclosure has no screening and is not performing the function for which such
structure or part of any feature thereof was designed or intended to be used.
• The swimming pool is open to weather elements and capable of capturing and storing
rainfall/storm water.
• The swimming pool contains excessive accumulation of stagnated and untreated water (standing
water) that could likely be a source of infestation of mosquitos and other insects and pests which
constitutes a health hazard to the public especially the occupant and surrounding properties.
• Brevard County is currently under Executive Order Number 17-260, issued by the Governor,
continuing the declaration of a public health emergency related to the Zika virus, specifically
mentioning that standing water could exacerbate the Zika threat creating an environment likely
to increase mosquito populations.
• The swimming pool and screen enclosure structure pose an immediate hazard to the life and safety
of the public and the occupant.
BASED ON THE INFORMATION AND CITY CODE VIOLATIONS CITED ABOVE, THE
SWIMMING POOL AND SCREEN ENCLOSURE LOCATED ON THE SUBJECT PROPERTY
ARE HEREBY DEEMED "UNSAFE" AND A PUBLIC NUISANCE PURSUANT TO THE
ST AND ARD UNSAFE BUILDING AND ABATEMENT CODE (SUBAC) AND SECTION 82-56
OF THE CITY CODE, AND ARE DEEMED IN VIOLATION OF SECTIONS 34-96, 34-97, and
34-98 AS REFERENCED ABOVE. A PLACARD EVIDENCING SAID DETERMINATION
WILL BE POSTED ON THE SUBJECT PROPERTY PURSUANT TO SECTION 304 of SUBAC.
FURTHER, DUE TO THE UNSAFE, UNSANITARY CONDITION OF THE SWIMMING POOL
AND THE AREA IMMEDIATELY SURROUNDING THE POOL, THE SWIMMING POOL
AND SAID AREA ARE NOT FIT FOR HUMAN OCCUPANCY. THEREFORE, IN
ACCORDANCE WITH THE PROVISIONS OF THE SUBAC, IT SHALL BE UNLAWFUL FOR
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
ANY PERSON TO ENTER THE SWIMMING POOL AND THE AREA IMMEDIATELY
SURROUNDING THE POOL WITHOUT WRITTEN PERMISSION OF THE BUILDING
OFFICIAL EXCEPT FOR THE PURPOSE OF SECURING THE SWIMMING POOL FROM
THE HAZARDOUS CONDITION OR DEMOLISHING THE SAME.
ACCORDINGLY, DUE TO THE UNSAFE CONDITION OF THE SWIMMING POOL AND
AREA IMMEDIATELY SURROUNDING THE POOL MUST BE VACATED EFFECTIVE
IMMEDIATELY, AND THIS ORDER SHALL STAND UNTIL THE CONDITIONS AND
DEFICIENCIES CITED IN THIS NOTICE ARE CORRECTED.
The conditions and/or deficiencies stated above must be remedied through the demolition of the
swimming pool and screen enclosure in accordance with the requirements of a demolition permit issued
by the Building Official. The conditions and/or deficiencies must be remedied no later than
December 21, 2017. Please immediately contact the City's Building Official, Michael German, at
321-868-1222, Ext. 14 to obtain important additional information regarding the permits that you
will be required to obtain from the City in order to remedy the Code violations.
Pursuant to Section 82-56 of the City Code, if remedial action is not taken, the City may take
additional enforcement action against you including, but not limited to, initiating legal
proceedings before the City's Code Enforcement Board and performing or causing to be
performed the required demolition of the swimming pool and screen enclosure structures and
clean-up of the subject property, the costs of which may be approved and recorded as a special
assessment lien against the owner of the subject property in order to recover costs. Failure to
correct the violation(s) could also result in the City levying code enforcement fines against you
in an amount up to $500.00 per day that the violation remains.
If any person having a legal interest in the subject property wishes to contest in whole or in part
the material allegations in this notice of violation; or desires to assert that the time periods
expressed herein create an undue hardship; or desires to assert that the true intent or meaning
of the relevant provisions of the City Code and SUBAC have been misconstrued; or desires to
make any other relevant argument, the parties have a right to an appeal at a public hearing
before the City's Construction Board of Adjustment. Any request for an appeal and public
hearing before the City's Construction Board of Adjustment must be submitted in writing
to Michael German, Building Official, 105 Polk Avenue, Cape Canaveral, Florida 32920,
within thirty (30) days of the date of being served this notice; otherwise, the right to an
appeal hearing is waived. The written request for an appeal and public hearing must
contain the following information:
1. Identification of the structure concerned by street address or legal description;
2. A statement identifying the legal interest of each appellant;
3. A statement identifying the specific order or section being appealed;
4. A statement detailing the issues on which the appellant desires to be heard; and
5. The legal signature of all appellants and their official mailing address.
If an appeal is filed, the public hearing will occur within 60 days from the date the appeal is filed with the building official.
Written notice of the date, time and location of the public hearing will be provided to the appellant(s).
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
PLEASE GOVERN YOURSELF ACCORDINGLY.
!1t£!.o ~
City of Cape Canaveral
Building Official
Certified Mailing Numbers:
Gerhardt Schmitz: 70171450000122386744
CC: Wells Fargo Bank NA, Foreclosure Department: 70171450000122386737
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 -Fax (321) 868-1247
www .cityofcapecanaveral.org e-mail: info@cityofcapecanaveral.org
City of Cape Canaveral
Community Development Department
CITY OF CAPE CANAVERAL
AFFIDAVIT OF POSTING PROPERTY
I, Michael German, Building Official for the City of Cape Canaveral,
hereby certify that I have posted the following:
Notice of Violation dated November 30, 2017
at the following address: 305 Surf Dr, Cape Canaveral , FL 32920
on this 1st day of December 2017
and
the required posting at City Hall, 105 Polk Avenue, Cape Canaveral, Florida, 32920.
1n, ~ J~ MicK;eGerman, Building Official
State of Florida
County of Brevard
On th is 151 day of December, 2017, Michael German, personally appeared , who is personally known to me
and did not take an oath.
Notary Public
~
,,;.-;;._,''HJ..;•. KAREN HUTCHINSON f'K-~f1 MY COMM!SSION # FF 951009
·.~.-.;,i EXPIRES. January 18, 2020
t(ci; r.'cffe" Bonded Thru Notary Public Underwriters i ''"1111
Florida Statute 162.12(2), (b ), (2) Proof of posting shall be by affidavit of the person posting the notice ,
which affidavit shall include a copy of the notice posted and the date and places of its posting.
110 Polk Avenue -P.O. Box 326 -Cape Canaveral, FL 32920-0326
Telephone (32 1) 868-1 222 -Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: b.palmer@cityofcapecanaveral.org
mL~
-...:~ -_,
. . . 'f
May 22, 2018
City of Cape Canaveral
Community Development Department
Via US. Mail, Hand Delivery, and Posting at Property
Owners of the property located at:
305 Surf Drive, Cape Canaveral, Florida 32920
Parcel Id: 24-37-14-51-00007.0-0003.00
Attention: SCHMITZ, GERHARDT
Re: Demolition Unsafe Structure at 305 Surf Drive, Cape Canaveral, Florida
To Property Owner and All Occupants:
Pursuant to Section 82-56 of the City of Cape Canaveral Code (The Standard Unsafe Building
Abatement Code, 1985 edition (SUBAC, and the Notice ofViolation issued on November 30, 2017, notice
is hereby given that the unsafe swimming pool structure at 305 Surf Drive, Cape Canaveral, Florida
shall be demolished and the unsafe condition made safe by the City of Cape Canaveral. The
demolition and related work will be performed by the City and its contractor commencing on May
29, 2018 at approximately 9:00 am or soon thereafter. Said work may take up to seven working
days to fully complete.
The demolition and related work that will occur on the subject property will generally include:
1. Protecting the sidewalk for the equipment traffic.
2. Provide for the closure of a portion of the sidewalk.
3. Relocate any trash or debris on site to gain access to the pool area.
4. Disconnect electric and plumbing to the pump.
5. Remove screening cage.
6. Remove Pool pump.
7. Remove pool decking.
8. Demo pool tank to approximately 2' to 3'below grade and remove concrete.
9. Cut hole at bottom of pool to allow for future draining.
10. Fill and compact new dirt at pool and pool deck area.
11. Sod damaged area with Bahia sod.
12. Clean related sidewalk and replace any related damaged areas.
l 00 Polk A venue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
www.cityofcapecanaveral.org • emai I: m.gennan@cityofcapecanaveral.org
THE
SPACE
BETWEEN"
Any personal items or property not removed from the pool structure and surrounding area may be
destroyed, sold, or otherwise utilized by the City in accordance with City Code.
All costs incurred by the City related to this action shall be a lien against the subject property and
shall be collected in a manner provided by law.
All questions about the demolition should be directed to me.
PLEASE GOVERN YOURSELF ACCORDINGLY
Mich 1 German, Building Official
Cc: Ci Clerk
100 Polk Avenue• Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
·-·--·--· ... :,_.,..,.l'------·---·-··-1 -. -·---~·-. f"
THE
SPACE
BETWEEN"
City of Cape Canaveral
Community Development Department
CITY OF CAPE CANAVERAL
AFFIDAVIT OF POSTING PROPERTY
I, Michael German, Building Official for the City of Cape Canaveral,
hereby certify that I have posted the following:
Notice of Demolition dated May 22, 2018
at the following address: 305 Surf Dr, Cape Canaveral, FL 32920
on this 22nd day of May 2018
and
the required posting at City Hall , 105 Polk Avenue, Cape Canaveral, Florida, 32920.
State of Florida
County of Brevard
On this 22nd day of May, 2018, Michael German, personally appe13J®~~~-~~~~~~to me
d d "d t t k th i,I ,,·~';rt!·t···· KAREN HUTCHINSON an I no a eanoa · hiftA·~:1 MYCOMM!ss10NHF9s1009
~,,.~·~:·?.? EXPIRES. January 18, 2020 ~ r,, ··l.r.,9r,,\~'<f.--' BondedThruNota,yPubhcUnderwriters ~ ~LLi~>J~ --_tJi.,.o"""tac.l,ry~P-u b'-l=ic==----+-.L..-'..~ ........... ::.,,L=->...,."''-1-L=-"'--
Florida Statute 162.12(2), (b ), (2) Proof of posting shall be by affidavit of the person posting the notice,
which affidavit shall include a copy of the notice posted and the date and places of its posting.
100 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • Fax: (321) 868-1247
www.cityofcapecanaveral.org • email: m.german@cityofcapecanaveral.org
THE
SPACE
BETWEEN"
DEMOLITION SERVICES AGREEMENT
THIS DEMOLITION SERVICES AGREEMENT ("Agreement") is made and entered by
and between THE CITY OF CAPE CANAVERAL, a Florida municipal corporation ("City"),
whose principal mailing address is 100 Polk A venue, Cape Canaveral, Florida 32920, and
KINLEY FLA, L.L.C., a Florida Limited Liability Company ("Contractor"), whose principal
address is 3401 N. Courtenay Parkway, Merritt Island, Florida 32953.
RECITALS:
WHEREAS, the City represents that it desires to retain the demolition services of
Contractor to demolish a structure deemed unsafe and a public nuisance by the City pursuant to its
police powers and the Standard Unsafe Building and Abatement Code and section 82-56 of the
City Code; and
WHEREAS, Contractor desires to provide the demolition services and the City and
Contractor desire to memorialize the terms and conditions of their mutual agreement as set forth
herein; and
NOW THEREFORE, in consideration of the mutual promises set forth herein and other
good and valuable consideration, the sufficiency of which is expressly acknowledged by both
parties hereto, the parties hereby agree as follows:
1. Recitals. The foregoing recitals are deemed true and correct and by this reference
are incorporated herein as a material part of this Agreement.
2. Definitions. The following words and phrases used in this Agreement shall have
the following meanings ascribed to them unless the context clearly indicates otherwise:
2.1 "Agreement" or "Contract"' shal I be used interchangeably and shall refer to
this Demolition Services Agreement.
2.2 "Effective Date'· shall be the date on which the last signatory hereto shall
execute this Agreement, and it shall be the date on which this Agreement
shall go into effect. This Agreement shall not be effective until that date.
2.3 ·'Contractor" shall mean KINLEY FLA, L.L.C., a Florida Limited Liability
Company, and its principals, agents, employees and subcontractors.
2.4 "Public Record" shall have the meaning given in section 119.011(12),
Florida Statutes.
2.5 "Reimbursable Expenses" shall mean the actual expenses for which the City
agrees to reimburse Contractor.
Page 1 of 10
Demolition Services Agreement
2.6 "Work" or "Services" shall be used interchangeably and shall include the
performance of the Work agreed to by the parties as set forth in Section 4,
herein.
2.7 "City" shall mean the City of Cape Canaveral, Florida, and its officers and
employees.
3. Term & Termination. This Agreement shall commence upon full execution by
both parties hereto and shall terminate upon Contractor's full completion of all Services required
under this Agreement to the full satisfaction of the City.
4. Demolition Services. The City hereby engages Contractor and Contractor agrees
to perform the demolition services set forth herein:
4.1 Demolition Site. The structure subject to the demolition services provided
under this Agreement is solely limited to the swimming pool and screen
enclosure structure ("the Structure") generally located at 305 Surf Drive, Cape
Canaveral, Florida 32920 ("Demolition Site"). The Demolition Site is identified as
Brevard County Property Tax Identification Number 24-37-14-51-00007.0-
0003.00, and is legally described as follows:
Cape Canaveral Beach Gardens Unit 2 Lot 3 Exe W 70 Ft Of S 7 Ft Blk 7.
4.2 Demolition Services. Contractor shall provide all necessary labor, materials
and equipment to demolish the Structure in accordance with generally accepted
demolition practices and procedures. Demolition Services shall include:
I . Protecting the side walk for the equipment traffic.
2. Provide for the closed sidewalk.
3. Relocate any trash or debris on site to gain access to the pool area.
4. Disconnect electric and plumbing to the pump.
5. Remove screening cage.
6. Pool pump.
7. Remove pool decking.
8. Demo pool tank to approximately 2' to 3'below grade and remove concrete.
9. Cut hole at bottom of pool to allow for future draining.
I 0. Fill and compact new dirt at pool and pool deck area.
11 . Sod damaged area with Bahia sod.
12. Clean sidewalk and replace any damaged areas.
Contractor shall operate, maintain and leave the Demolition Site in a generally
orderly and clean condition.
4.3 Hauling of Debris. Contractor shall be responsible for hauling all
demolition debris away from the Demolition Site in a timely manner. Contractor
shall supply all required dumpsters and for the hauling of such dumpsters, if
Page 2 of 10
Demolition Services Agreement
necessary. Otherwise, demolition debris will be removed by a suitable truck.
Contractor shall otherwise cooperate with the City in the perf01mance of the Work
required by this Agreement. Contractor shall ensure that all debris is properly
placed in an appropriate dumpster or truck for efficient removal from the
Demolition Site.
4.4 Permits. The City shall be responsible for obtaining any permits or
approvals necessary to demolish the Structure. The cost of any such permits or
approvals will be covered by the City. The City shall not unreasonably withhold
or delay approval of those permits for which it is responsible for issuing.
4.5 Unlawful Conduct. While performing the Services required by this
Agreement, Contractor shall not engage in any action that constitutes a violation of
any applicable law, order, ordinance, rule, regulation or code, nor shall Contractor
deface or injure real or personal property not a part of the Services being provided
hereunder or permit any unreasonable objectionable noise or odor to be emitted, or
permit anything to be done on the property tending to cause or create a health,
environmental, or safety hazard or nuisance.
4.6 Existing Utilities. Contractor shall protect and preserve existing utilities
indicated or made known to it by the City, or which are otherwise discoverable with
reasonable effort, and shall provide for disconnects of same as necessary to safely
complete the Services. Contractor shall preserve all site utilities, water distribution
systems, and wastewater collection systems at their respective service connections.
4.7 Safeguards. Contractor shall erect and maintain all reasonable or necessary
safeguards for protection of persons and property, including safety barriers to and
warnings of dangers and hazards, which safeguards and notices shall remain in
place until completion of the Work required by this Agreement.
5. Compensation; Scheduling Demolition Date.
5.1 For the perfo1mance and full completion of the Services specified in Section
4 herein, the City agrees to pay Contractor Fifteen Thousand and Seven Hundred
Dollars and no/100 ($15,700.00), inclusive of all reasonable and necessary direct
expenses. There shall be no other compensation or Reimbursable Expenses due to
Contractor for the Services provided under thi s Agreement, unless specifically
agreed to by the City and Contractor in w1iting, pursuant to Section 16 of this
Agreement.
5.2 The City shall be responsible for scheduling the demolition at the
Demolition Site. Within one (1) month of the Effective Date, the City shall infonn
the Contractor, in writing, of the date upon which the demolition shall occur
('·Demolition Date"). The City shall provide at least seven (7) days' notice to
Contractor of the Demolition Date. The Contractor shall not provide Services prior
to the Demolition Date. The City's Building Official or his designee shall be at the
Page 3 oflO
Demolition Services Agreement
Demolition Site on the Demolition Date to generally coordinate the Demolition
action being taken by the City including directing the timing of the Demolition
Services, directing Contractor's access to and from the Demolition Site, monitoring
the scope of the Demolition Services required under this Agreement, and answering
any questions from the property owner, Contractor, or any other person. The
Demolition Services shall be expeditiously provided and shall be completed no later
than seven (7) working days from the date that Demolition Services commences at
the Demolition Site (including the day of commencement) unless otherwise
directed by the Building Official or his designee. However, the manner in which
the Demolition Services are provided shall be under the supervision and control of
the Contractor. Upon Contractor's full completion of the Work to the satisfaction
of the City, the City shall remit payment to Contract for the total sum set forth in
Section 5.1 within fourteen (14) days.
6. Professionalism. Contractor shall perform and carry out in a professional manner
all Services required to be performed by this Agreement.
7. Warranty of Professional Services. Contractor hereby warrants unto the City
that it has sufficient experience to properly complete the Services specified herein or as may be
performed pursuant to this Agreement. In pursuit of any Services, Contractor shall supervise and
direct the Services, using its skill and attention and shall enforce strict discipline and good order
among its employees and agents. Contractor shall comply with all laws, ordinances, rules,
regulations, and lawful orders of any public authority bearing on performance of the Services.
Contractor shall pay all taxes, fees, license fees required by law, including but not limited to
occupational fees and withholding taxes and assume all costs incident to the Services, except as
provided herein.
8. Services is a Private Undertaking. With regard to any and all Services performed
hereunder, it is specifically understood and agreed to by and between the parties hereto that the
contractual relationship between the City and Contractor is such that Contractor is an independent
contractor and is neither an agent nor employee of the City. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor, between the
City, on one hand, and Contractor, on the other hand, during or after the performance of the
Services under this Agreement.
9. Protection of Persons and Property: Insurance.
9.1 Coverage requirements. Upon or prior to the Effective Date of this
Agreement, Contractor shall provide proof of the following:
9.1.1 Worker's compensation insurance in accordance with the applicable
provisions of Florida law.
9 .1.2 Professional liability insurance with a combined single limit of
$1,000,000 for each occurrence and $1,000,000 in the aggregate.
Page 4 of 10
Demolition Services Agreement
9. l .3 Commercial general liability insurance with a combined single limit
of $1 ,000,000 for each occurrence and $1 ,000,000 in the aggregate.
9. l .4 Automobile liability insurance in an amount not less than
$1 ,000,000 for injuries to any one (I) person, $1,000,000 on account of any
one (I) accident, and in an amount of not less than $1 ,000,0000 for property
damages.
9. l .5 Employer 's liability in an amount adequate to cover related assets.
9.2 General requirements. Contractor is solely responsible for procuring and
maintaining the insurance coverage required by this Section at its own expense and
with insurance companies authorized to do business in the State of Florida and as
long as reasonably available in the standard marketplace. The insurance coverage
required by this Section shall include the liability and coverage provided herein, or
as required by law, whatever requirements afford greater coverage. All of the
policies of insurance so required to be purchased and maintained for the certificates
( or other evidence thereof) shall contain a provision or endorsement that the
coverage afforded will not be canceled until at least thirty (30) days prior written
notice has been given to the City and the Contractor by certified mail, return receipt
requested. All such insurance shall remain in effect until final payment. Unless
agreed to by the City to the contrary, the City shall be named on the foregoing
insurance policies as "additional insured,'" except with regard to the professional
liability coverage. The Contractor shall cause its insurance caniers to furnish
insurance certificates specifying the types and amounts of coverage in effect
pursuant hereto, the expiration dates of such policies, and a statement that no
insurance under such policies will be canceled without thirty (30) days prior written
notice to Contractor and City in compliance with other provisions of this
Agreement. For all claims that arise in connection with thi s Agreement, Contractor
will pay any insurance deductible for such claim. For all Services perfonned
pursuant to this Agreement, Contractor shall continuously maintain such insurance
in the amounts, type, and quality as required by this Section. In the event Contractor
fails to maintain said insurance, City, at its option, may elect to tenninate this
Agreement without penalty by written notice to Contractor.
10. Indemnification and Hold Harmless.
10.1 By Contractor. For all Services performed under this Agreement,
Contractor agrees to the fullest extent pe1mitted by law, to indemnify and hold
haimless City and its employees, officers, and attorneys 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 the
negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting
from Contractor's performance of any Services provided under this Agreement.
Page 5 of 10
Demolition Services Agreement
The indemnification provided above shall obligate Contractor to defend at its own
expense or to provide for such defense, at the option of City of all claims ofliability
and all suits and actions of every name and description that may be brought against
City or its employees, officers, and attorneys which may result from the Services
under this Agreement whether the Services are performed by the Contractor or
anyone directly or indirectly employed by the Contractor. In all events 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 this indemnification.
10.2 By City. The Parties acknowledge that the demolition of the swimming
pool and screen enclosure at the Demolition Site is being initiated, pursued and
prosecuted by the City in furtherance of the City's police powers to abate an unsafe
structure and public nuisances under the legal authority more specifically described
in the Standard Unsafe Building and Abatement Code, 1985 Edition, section 82-56
of the City Code, and other applicable law ("Police Power Action"). The City
acknowledges and agrees that the City is solely responsible for initiating, pursuing
and prosecuting this Police Power Action. Therefore, the City agrees to the fullest
extent permitted by law, to defend, indemnify and hold harmless Contractor and its
employees, officers, and attorneys against all claims, losses, damages, or liability
(including reasonable attorney's fees), directly arising from any legal action taken
by any person, including the property owner of 305 Surf Drive, Cape Canaveral,
Florida, against Contractor and its employees, officers, and attorneys on the
specifically alleged basis that Police Power Action was not lawfully initiated,
pursued and prosecuted by the City.
10.3 This paragraph shall survive te1mination of this Agreement.
11. Governing Law; Venue. This Agreement shall be governed by the laws of the
State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The
pai1ies agree that the Agreement was consummated in Brevard County, and the site of the Services
is Brevard County. If any dispute concerning this Contract arises under Federal law, the venue
will be Orlando, Florida.
12. Contractor's Representative. Contractor shall designate an individual to act as
a representative for Contractor under this Agreement with the authority to transmit instructions,
receive information, and make or interpret the Contractor's decisions. This person shall be the
Contractor's contract administrator. Contractor shall also designate an individual to act as a
representative for Contractor at the Demolition Site with the authority to transmit instructions,
receive information, and make or interpret the Contractor's decisions. Contractor may, from time
to time, designate other individuals or delete individuals with the authority to act for Contractor
under this Agreement with the authority to transmit instructions, receive infonnation, and make or
interpret the Contractor's decisions. All deletions or designation of individuals to serve as a
representative shall be given by written notice.
13. Notices. All notices, demands, requests, instructions, approvals, and claims shall
be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery
Page 6 of 10
Demolition Services Agreement
to an individual authorized to receive mail for the below listed individuals, all to the following
individuals at the following locations:
TO THE CITY:
David L. Greene, City Manager
City of Cape Canaveral
100 Polk A venue
Cape Canaveral, Florida 32920
(321) 868-1220 Ext. 209 (Phone)
TO THE CONTRACTOR:
Jim Crisafulli, Managing Member
Kinley FLA, LLC
3401 N . Courtenay Pkwy
Merritt Island, Florida 32953
(321) 639-4400 (Phone)
Notice shall be deemed to have been given and received on the date the notice is physically
received if given by hand delivery, or if notice is given by first class U.S. mail, postage prepaid,
then notice shall be deemed to have been given upon the date said notice was deposited in the U.S.
Mail addressed in the manner set fmth above. Any party hereto by giving notice in the manner set
forth herein may unilaterally change the name of the person to whom notice is to be given or the
address at which notice is to be received.
14. Public Record. Pursuant to Section 119.0701 , Flmida Statutes and other
applicable public records Jaws, Contractor agrees that any records, documents, transactions,
w1itings, papers, letters, computerized info1mation 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 Contractor 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 Contractor.
Said records, documents, transactions, writings, papers, letters, computerized infonnation 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 Contractor are subject to the provisions of Chapter 119, Florida Statutes, and may
not be destroyed without the specific written approval of the City's designated custodian of public
records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, THE CITY CLERK, AT (321) 868-1220 EXTENSION 207, MIA
Page 7 of 10
Demolition Services Agreement
GOFORTH, M.GOFORTH@CITYOFCAPECANA VERAL.ORG, 100 POLK
A VENUE, CAPE CANAVERAL, FLORIDA 32920.
Contractor is required to and agrees to comply with public records laws. Contractor shall keep and
maintain all public records required by the City to perform the services as agreed to herein.
Contractor 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. Contractor shall ensme 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,
Contractor shall transfer to the City, at no cost, all public records in possession of the Contractor,
provided the transfer is requested in writing by the City Clerk. Upon such transfer, Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosme requirements. However, if the City Clerk does not request that the public records
be transferred, the Contractor 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 Contractor of the
request and the Contractor shall then provide such records to the City or allow the records to be
inspected or copied within a reasonable time. If the Contractor does not comply with a public
records request, the City may enforce this Section to the extent permitted by law. Contractor
acknowledges that if the Contractor does not provide the public records to the City within a
reasonable time, the Contractor may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor acknowledges that if a civil action is filed against the Contractor to compel
production of public records relating to this Agreement, the court may assess and award against
Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public
records in connection with this Agreement shall, at any and all reasonable times during the nornrnl
business hours of the Contractor, be open and freely exhibited to the City for the purpose of
examination, audit, or otherwise. Failure by Contractor to grant such public access and comply
with public records laws and/or requests shall be grounds for immediate unilateral cancellation of
trus Agreement by the City upon delivery of a written notice of cancellation. If the Contractor
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
Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing
party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section
against Contractor. 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 Contractor's
failure to comply with this Section. The terms and conditions set fo1th in this Section shall survive
the termination of this Agreement.
Page 8 of 10
Demolition Services Agreement
15. Interpretation. Both the City and Contractor have participated in the drafting of
all parts of this Agreement. As a result, it is the intent of the parties that no portion of this
Agreement shall be interpreted more harshly against either of the parties as the drafter.
16. Modification of Agreement. This Agreement shall not be modified or amended
except by written agreement duly executed by both parties hereto.
17. Severability. If a word, sentence, phrase, clause or paragraph herein shall be
declared illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or
paragraph shall be severed from this Contract, and this Contract shall be read as if said illegal,
unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist.
18. Attorney's Fees. Should any litigation arise concerning this Agreement between
the parties hereto, the parties agree to bear their own costs and attorney's fees except as expressly
provided under Sections 10 and 14 of this Agreement.
19. Entire Agreement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
20. Sovereign Immunity. The City intends to avail itself of the benefits of Section
768.28, 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. Contractor agrees that City shall not be liable under this Agreement for punitive damages or
interest for the period before judgment. Fm1her, City shall not be liable for any claim 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 ($300,000.00). Nothing in this Agreement is intended to inure to
the benefit of any third paiiy for the purpose of allowing any claim which would otherwise be
baiTed under the doctrine of sovereign immunity or by operation of law. This paragraph shall
survive tem1ination of this Agreement.
21. Assignment. Unless otherwise specifically required by this Agreement, Contractor
shall not assign, sublet, or transfer any rights or Services under or interest i1;1 (including, but without
limitations, moneys that may become due) this Agreement without the written consent of City,
except if any assignment, sublet, or transfer is mandated by law or the effect of this limitation may
be restricted by law. Unless specifically stated to the contrary in any written consent to any
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under this Agreement. Fm1her, Contractor shall subcontract no portion or all portions of the
Services without the written consent of City. Nothing under this Agreement shall be construed to
Page 9 of 10
Demolition Services Agreement
give any rights or benefits in this Agreement to anyone other than City and Contractor, and all
duties and responsibilities under this Agreement will be for the sole and exclusive benefit of City
and Contractor and not for the benefit of any other party.
22. Waiver. Failure of City to insist upon performance within any time period or upon
a proper level or quality of performance shall not act as a waiver of City's right to later claim a
failure to perform by Contractor.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the last date indicated below.
CITY:
City of Cape Canaveral,
a Florida municipal corporation.
David L. G,eene, City Manager
Date: 5LJ /I a
CONTRACTOR:
Kinley Florida, L.L.C.,
a r-·ida Lir it Liability Company
:r 11 t11 e, ~ a. '"s-,A:fllL, ,,
Print Name: Jim Crisafulli
Title: Manager
Date: S-oil -I<!'
Page 10 oflO
Demolition Services Agreement
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