The URL can be used to link to this page

Home My WebLink Aboutcocc_council_mtg_packet_20220816_item_2+20221018_item_1_supplementary_itemsApplicant's Exhibits 1-3 APPLICANT PROCEDURES FOR APPLYING FOR A SATISFACTION, RELEASE OR REDUCTION OF A CODE ENFORCEMENT LIEN Where a certified copy of a Code Enforcement Order imposing a penalty or fine, as described in F.S. Ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property, once the property has been found in compliance, an applicant may make full payment of the lien amount to the City and the City Manager shall execute and record a lien satisfaction without requiring the application specified below. Further, if the City has determined a lien has been recorded in error, the City Manager is authorized to release the lien recorded in error without requiring an application. However, in all other cases when an applicant is requesting a release or reduction of a lien, the applicant must submit the request, in writing, on the application form provided by the City of Cape Canaveral, and comply with the following procedures as more specifically set forth in Chapter 2, Article VI, Division 3 of the City Code: 1. A complete application must be submitted at least thirty (30) days prior to the next available Special Magistrate Hearing. The application shall be executed under oath and sworn to in the presence of a notary public, and include all documentation required by City Code. 2. A one-time application fee of $100.00 must be paid at the time the application is submitted to Staff. This fee is non-refundable, without regard for the final determination of the request. 3. If the applicant requesting the release or reduction of the lien is not the current property owner or the successor and assign of the owner, a notarized statement designating the individual(s) to represent the property owner, or the successor and assign must be submitted with the application. 4. Once the completed application has been reviewed and approved by city staff for completeness, and Code Enforcement has confirmed that the violation in the Order has been corrected and there are no current violations(s) upon the subject property, the application will be scheduled for consideration at the first available Special Magistrate Hearing and a Code Enforcement Officer will notify you of the location, date, and time of the scheduled Hearing. Staff strongly recommends that the applicant and/or the applic 's duly authorized representative be present at the hearing. Please initial here: 5. The request will be presented to the Special Magistrate Hearing and the Magistrate will review and consider the application for reduction or release of lien, provide the applicant with an opportunity to address the Magistrate regarding the application for reduction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. 6. Upon review of the application and any testimony presented, the Special Magistrate shall render a written recommendation to the City Council based on findings of fact and law to either approve, approve with conditions, or deny the application for reduction or release of lien. The City Council shall then consider the application, give considerable weight to the written recommendation of the Special Magistrate and consider any additional and necessarily relevant information or testimony provided to the City Council and render a final decision on the application at the next available City Council meeting. 7. Unless otherwise agreed to by the City Council, the applicant shall have thirty (30) days in which to comply with the final decision of the City Council. Failure of the applicant to comply, will result in the automatic denial of the application and thereafter the applicant shall not be allowed to apply for a subsequent release or reduction of the lien for a period of one (1) year from the date of the City Council's decision. During that period the lien may only be satisfied and released upon full payment of the lien. 8. If the applicant sells or transfers the property to another entity between the time the application is filed and a final decision is rendered by the City Council, the applicant must notify the City immediately by contacting the Code Enforcement Department. Such sale or transfer may require an amendment to the application. 9. A lien runs in favor of the City Council, and whether or not to approve a release or reduction is a discretionary decision by the City Council. However, as applicable, the City will apply the following factors when determining the amount of any reduction or release: (1) (2) (3) (4) (5) (6) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board (including special magistrate) or city to abate a nuisance caused by the violation; The gravity and number of the violation(s); The amount of the requested reduction; The time in which it took to bring the property into compliance; Whether the applicant was responsible for the violation which caused the lien; Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. The undersigned hereby acknowledges and unders ands that the above outlined procedure was prepared administratively by ci st • is int ded to be a summary for the applicant's convenience. Applicants should �Code including, but not limited to, Chapter 2, Article VI, Division 3 of the ► ' • • �a • Iicable provisions of law. Signature of Applicant: Date: Orlin laaaa ow AillavN CITY OF CAPE CANAVERAL APPLICATION FOR RELEASE OR REDUCTION OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE* ` "' 1 APPLICATION FEE: $ 100.00 APPLICANT: Vktult‘eta. \fl'thtto+sk; eivice DATE ADDRESS: t-O. RaX 4PrDOci4 CITY: Cocas STATE: FL. ZIP: 33 Off' EMAIL: PHONE: IC61) Lill— as 11 NATURE OF VIOLATION(S): CurtetA Venitx+-rr, s IS THE APPUCANT THE VIOLATOR: YES:O NO 1$ ADDRESS OF PROPERTY SUBJECT TO LIEN: '3 Q 1 is v. sbr Av e vm 2 avtti v r^c,.1 FL '3a la D PARCEL ID: . -al- o-occevg ,4 IS THE APPLICANT THE OWNER OF THE SUBJECT PROPERTY: YES:❑ NO . If NO, and the Applicant is a duly designated representative authorized to act on the property owner's behalf, ATTACH power of attorney or agent designation duly executed by the property owner. If NO, and the Applicant is not a duly designated representative, provide the Applicant's statement of interest in the subject property and lien: AMOUNT OF UEN (TOTAL): it. ltr DATE FINE/LIEN FILED: Qectr� t�s+ I�o�ctg COMPLIANCE DATE: A COPY OF THE RECORDED UEN MUST BE ATTACHED- CONFRIM: YES:161 NO 0 RELIEF REQUESTED,'RELEASE,REDUCTION IF REDUCTION, THE APPLICANT PROPOSES $ 1, 800. 00 AS THE AMOUNT OF THE REDUCED FINE, AND THE FOLLOWING TERMS AND CONDITIONS TO PAY THE LIEN: To n ILA r .:A -t-tol y Ilel �a` s c � �PVEIMr� f V\44 SbtlteP� 1 ARE THERE ANY OTHER PENDING CITY CODE ENFORCEMENT CASES OR VIOLATIONS PENDING REGARDING THE SUBJECT PROPERTY: YES:D NOX If YES, provide case number(s) and information: THE FACTUAL BASIS UPON WHICH THE APPLICANT BELIEVES THIS APPLICATION SHOULD BE GRANTED: (refer to and address any applicable factors stated in Sec. 2-260(e) of the City Code - attach if more space needed). THE REASON, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (attach if more space needed) 41. c v '-erz -{1 0S-octit....o- CITY CODE REQUIRES THAT THE APPLICANT VERIFY WHETHER THE APPLICANT WAS ISSUED ANY TITLE POLICY OR POLICIES (OR TITLE COMMITMENT IF TITLE POLICY IS PENDING AND APPLICABLE) FOR THE SUBJECT PROPERTY ENCUMBERED BY THE LIEN AFTER THE DATE THE LIEN WAS RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. IF SUCH A POLICY OR POLICIES WERE ISSUED TO THE APPLICANT, A COPY OF ANY SUCH TITLE POLICY SHALL BE SUBMITTED WITH THE APPLICATION. APPLICANT HEREBY REPRESENTS AND VERIFIES THAT SUCH TITLE POLICY OR COMMITMENT HAS BEEN ISSUED: YESZINO 0 If YES, ATTACH TITLE POLICY OR TITLE COMMITMENT. If NO, and the Applicant acquired or sold the subject property after the lien was recorded, explain why a title commitment or policy was not issued: S : t 'h6 r OSIk cala.e ay.Mar own..oek e"ar o ow•A ko cletkf. .z; ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR RELEASE OF LIEN: (refer to and address any applicable factors stated in Sec. 2-260(e) of he City Code. If more space is needed add more p es) P�ita.tee �0. ct JP4. 'oivi s. • GT%9'✓ry-G. Ct f 1- P`1e {� e ✓1 W. 211c AAet O c page. 4 �/�' f M.S, f , ' 1. W i `i4, v'g Olt �4 le 44d 4NA THE APPLICANT CONFIRMS THAT THEY HAVE RECEIVED, READ AND UNDERSTAND THE ADMINISTRATIVE SUMMARY OF THE PROCEDURES FOR APPLYING FOR A SATISFACTION, RELEASE OR REDUCTION OF A CODE ENFORCEMENT LIEN PROVIDED TO THE APPLICANT BY THE CITY IN CONJUNCTION WITH THIS APPLICATION: YES:D NO 0 THE APPLICANT HEREBY REPRESENTS TO THE CITY OF CAPE CANAVERAL AND AGREES THAT THE INFORMATION CONTAINED IN THIS APPUCATION IS TRUE AND CORRECT TO THE BEST OF APPLICANT'S KNOWLEDGE AND THAT THE CITY OF CAPE CANAVERAL SHALL HAVE THE RIGHT TO RELY ON THE APPUCATION AND THE INFORMATION CONTAINED HEREIN. FURTHER, APPLICANT AGREES THAT APPLICANT SHALL HAVE AN AFFIRMATIVE AND CONTINUOUS OBLIGATION TO TIMELY CORRECT OR UPDATE THE INFORMATION CONTAINED IN THIS APPUCATION IF ANY OF THE INFORMATION CONTAINED HEREIN HAS MATERIALLY CHANGED OR LATER DEEMED INCORRECT BY THE CITY OR APPLICANT PRIOR TO THE TIME THAT EITHER THE SPECIAL MAGISTRATE OR CITY CQJJN 2ILCO ` 51DE c TLIE IAcPPLI ATION: /''tAPPL NYSIGNAT E .111715-bL- DATE STATE OF FoIa- i rrA COUNTY OF liZeVAV D 9, BEFORE ME the undersigned authority did personally appear e-CCOrI fl. Welt , by means of (fI.- physical presence or 0 online notarization, who provided as identification, and who after being placed under oath, swore or affirmed the information contained within this a'cation is true ancjco rest..-, Aitti Notary Public" MICHELE L WINDERS Comm s:don / 1*1239978 vie" Ekes Mardi 14, 2028 FOR STAFF USE ONLY APPLICATION RECEIVED BY CITY ON CODE COMPLIANCE CONFIRMED ON RECOMMENDATION OF THE SPECIAL MAGISTRATE ON: DAPPROVE; DDENY; DAPPROVE WITH THE FOLLOWING CONDITIONS: DECISION OF THE CITY COUNCIL ON: DAPPROVE; DDENY; DAPPROVE WITH THE FOLLOWING CONDITIONS: OTHER: CFN 2018180488, OR BK 8235 Page 2006, Recorded 08/10/2018 at 02:23 PM, Scott Ellis, Clerk of Courts, Brevard County CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Oceanside Palms Condominium — Association, Inc., C/O Wells, Jeffery W - Respondents, Subject Property: Parcel number: 321 Johnson Avenue. Cape Canaveral, Florida 32920 24-37-23-CG-00075.0-0001.XA FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER (FIRST VIOLATION) Case # 17-179 THIS CAUSE came before the Code Enforcement Board ("Board") of the City of Cape Canaveral, Florida, on July 19, 2018 for consideration, after due notice to Respondent, to determine whether any'violations of the City of Cape Canaveral Code of Ordinances ("City Code") exist or existed on the Subject Property. The Board, having heard the arguments of the parties and the evidence and testimony presented, and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. - Findings of Fact anal Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with the City Code and consistent with sections 162 06 and 162.12, Florida Statutes 2. That violations of the following sections exist or existed upon the Subject Property and that Respondent was further provided a reasonable time to correct said violation(s): Sections 34- 96(b)&(d) Standards established, of the City of Cape Canaveral Code of Ordinances; Section 105.1 Required of the Florida Building Code (as adopted by Section 82-31, City Code).; Section 110.1 General, ofthe Florida Building Code (as adopted by Section 82-31, City Code). Section,303.7 Roofs and drainage, of the International Property Maintenance Code (as adopted 'by Section 82-221, of the City ,of Cape Canaveral Code of Ordinances). OR BF' 8235 PG 2007 Case # 17-179 3. That Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation. 4. That the Respondent was provided a Notice of Hearing before the Code Enforcement Board, in accordance with the City Code and consistent with sections 162.06 and 162.12, Florida Statutes, and was present at the hearing. Jeffrey W. Wells provided sworn testimony oil behalf of the Respondent. 5. That, based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 34-96 (b)&(d)Standards established, of the City of Cape Canaveral Code of Ordinances. Section 105.1 Required; Section 110.1 General, of the Florida Building Code as adopted by Section 82-31: 'Section 303.7 Roofs and drainage, of the International Property Maintenance Code as adopted by Section 82-22I,,of the City of Cape,Canaveral Code of Ordinances. 6. That said violation(s) exist(s) or existed withinthe City of Cape Canaveral and that such constitutes) violation(s) of the City Code.- - - - - ` ` - _ " BASED UPON TFIE FOREGOING FINDINGS OF FACT AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent shall correct the violations of the City Code upon the Subject Property immediately. A fine shall be entered immediately in the amount of one hundred dollars ($100.00) for the first day and seventy five ,dollars ($75.00) per day thereafter until .the violation is corrected and full compliance is confirmed by -the Code Enforcement Officer. Respondents) shall be responsible to, provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly either. file a Notice of Compliance or notify the Code Enforcement Board or secretary such that the matter is scheduled for hearing, relative to compliance, before the board in a reasonable amount of time; 2. The Clerk of the Code Enforcement Board is'hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall, pursuant to section 162.09(3), Florida Statutes, serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500 00) per- day for each repeat violation, beginning on the first bay the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves, the right to take further necessary action against the Respondent(s) to enforce this Order in accordance with Section 162 09, Florida Statutes, and City of Cape_Canaveral,Code; Chapter 2, Article VI. Ca Canaveral,Florida, this l dayof i, 2018 nunc pro CERTl1: .- � � Cape U � P �c 4o•July ] 9,201: =f! STATE OF A , •,�' ."'�c;',./ .4 COUNTYCWERE AIR -...— A. CITY Of CAIE'CA'tsAYERAL, • r-. *; Order hi�� algr for'Ciee,af, •?=/ .dated vs to &NW.'PPP photocopy of thec i•2 G r •93ONE A.NIk El i? at .• CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA �'- bm,-t� Mary Ru is 71, Chairperson By my hand and tbe'ol a1 �� Me Cyr of Cape Canaveral on this day of r Page 2 of 3 City Clerk or Dejfutlr CltyCktik OR BK 8236 PG 2008 Case # 17-179 Copies furnished to: CERTIFIED MAIL 7,017 1450 00012238 7154 Oceanside Palms Condominium Association, Inc. C/O Wells, Jeffery W R.A. 211 Caroline St. Office Cape Canaveral, FI.32920 I hereby certify that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and prder (First Penalty) has been furnished bycertified mail to the Respondent(s) and/or Respondent's authorized representative on this ` ) day oii 01`8. right - Clerk to the Code Enforcement Board Page 3 of 3 HOWARD W. POZNANSKI ATTORNEY AT LAW P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 Email: howardwpoznansld(tibellsouth.net Admitted to practice in Florida, Colorado & Washington, D.0 Mr. Jeffery W. Wells Manager, Oceanside Palms, LLC 211 Caroline Street - Office Cape Canaveral, Florida 32920 RE: City of Cape Canaveral Application for Release or Reduction 321 Johnson Avenue, Cape Canaveral, Florida 32920 Case No. 17-179, Lien Record OR BK 8235, PG 2006 To: City of Cape Canaveral: Please be advised that I authorize Howard Poznanski, Esquire to file the above referenced application for release or reduction of code enforcement lien and represent the interests of Oceanside Palms, LLC and Ocalms Condominium Association, Inc. JE W. WELLS ager of Oceanside Palms, LLC and$ ''- Oceanside Palms Condominium Association, Inc. Dated HOWARD W. POZNANSKI ATTORNEY AT LAW P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 Email: howardwpoznanskira:bellsouth.net Admitted 10 practice in Florida, Colorado & Washington, D.C. April 11, 2022 The City of Cape Canaveral Att: Release / Reduction of Code Enforcement Lien 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 RE: City of Cape Canaveral Application for Release or Reduction 321 Johnson Avenue, Cape Canaveral, Florida 32920 Case No. 17-179, Lien Record OR BK 8235, PG 2006 Dear Special Magistrate: The City of Cape Canaveral lien arises from Code Enforcement Case Number 17-179. The code enforcement issue arose after Hurricane Irma in 2017. After Hurricane Irma hit, a flurry of work activity commenced. The owner of the real property, Oceanside Palms, LLC ("Oceanside"), even filed suit against The City of Cape Canaveral, Brevard County Circuit Court Case Number 05-2018-CA-052741, because of believed overreach following the hurricane. It should be noted, however, that this lawsuit, together with two others filed by its principal, has since been amicably resolved with a payment of Fifty Thousand ($50,000.00) Dollars to The City of Cape Canaveral. A formal settlement agreement was entered into and since satisfied. This outstanding lien is the only open matter that presently exists between the parties. As codified in the aforesaid settlement agreement, the lien specifically revolves around permit number 18-1580. While the lien appears to have reached the amount of $75,175.00 following the permit being finaled on April 16, 2021, it appears the work concluded well before same. Reviewing the permit history, the permit was issued on August 6, 2018, Exhibit "1" attached. Thereafter, on February 19, 2019, all inspections were scheduled, Exhibit "2." It is unknown whether Oceanside dropped the ball or there was a glitch within The City of Cape Canaveral. The internal permit documentation of The City of Cape Canaveral does not reflect what transpired, Exhibit "3", other than noting a conversion error. The inspections, however, were scheduled dating back to February 19, 2019. As soon as Oceanside learned that it was still accruing a daily per diem fine for the unresolved permit, an inspection was again called in and, this time, completed with final approval. Between February 19, 2019, if not before, to April 16, 1 2021, Oceanside did no further work on the property in connection with the permit other than closing it out. The City of Cape Canaveral has a history of reducing liens. With the understanding that Oceanside has already paid $50,000.00 to settle its lawsuit, with two others, Oceanside does request, if not an outright release of the lien, a considerable lien reduction. As the Former Mayor of The City of Cape Canaveral stated, The Honorable Rocky Randels, "[T]he City desires for compliance rather than taking peoples money." See, City Council Regular Meeting Minutes, October 21, 2014. As of November 18, 2021, according to Brian Palmer, Senior Code Enforcement Officer of The City of Cape Canaveral, there have been 5 lien reduction hearings, "Two by the Code Board and three by the City Council", to wit: July 20, 2021, re Case No. 16-101: August 18, 2020, re Case No. 18-183: March 2019, re lien BK 8354, PG 2911 February 22, 2018, re Case No. 2010-124: February 23, 2017, re Case No. 2014-42: $26,883.00 reduction to $19,383.00 $47,425.00 reduction to $24,000.00 $25,000.00 agreed amount $82,050.00 reduction to $2,000.00 $70,000.00 reduction to $2,047.00 There is other precedent of reduced lien, such as Case Number 12-00082 (September 22, 2015 Minutes) that was reduced from $92,850.00 to $10,000.00, and Case Number 11-00040 (March 17, 2015 Minutes) that was reduced from $77,850.00 to $10,000.00. Of course, Oceanside would request that its lien be zeroed out and it be released, however, in the alternative, a considerable reduction is not unwarranted. Notwithstanding the adversarial circumstances that immediately followed Hurricane Irma, Oceanside (through its principal, together with two other entities), has already paid a considerable price in settling pending litigation. Herein, Oceanside did obtain a permit, did complete the work and, it simply appears that through a glitch in the system, the final work simply remained uninspected and unfinaled.7 Oceansi reduction to Respec H e re : • ctfu a release of lien or, in the alternative, a considerable lien 2 EXHIBIT "1" 4/5/22, 11:28 AM Permit - Commercial Plumbing Details I City of Cape Canaveral I BS&A Online Permit Details: P18-1580 Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 I Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 4 Inspection(s) Found Permit Information Number ype Applied Date Issue Date Work Description Stipulations Project Go to project P18-1580 Category Commercial Plumbing Commercial Plumbing Status FINALED 07/11/2018 Expire Date 10/13/2021 08/06/2018 Flnaled Date 04/16/2021 DRYWALL CEILING REPAIR, REPLACE VANITY & FAUCET No Data to Display No Data to Display Process Step Information rr Amount Due Permit - Commercial Plumbing Total Step Number Step Display Name Status Date Step Started Date Step Completed Date Step Due No records to display. Document Summary [Expand All] Document Title Review Status No records to display. Date Received Date Completed Review Comments/Concerns [how All Title Type Comment Type Corrected Date Found Date Corrected (Collapse All] Process Step Review No records to display. Inspection Information Inspection Type Inspector Ins Pf Fn FINAL - PLUMBING Richard Mihalich Status Scheduled Date Completed Date Result Scheduled Scheduled Scheduled Completed 2/19/2019 2/19/2019 2/19/2019 4/16/2021 4/16/2021 View View View Approved View Fees & Payments 1 Date Action 4/12/2021 Invoice Item 7/23/2018 Invoice Item Qty 1.00 60.00 7/23/2018 Invoice Item 90.00 1-- -- 7/23/2018 : Invoice Item 900.00 1 7/23/2018 Invoice Item l 1.00 Description Standard Item: Expired Permit (Invoice Number: 08595490) Fee Based: Plan Review Income (Invoice Number. 0007165317) Standard: 2.5 Percent (Invoice Number. 0007165317) Project Cost Based: Val (Invoice Number: 0007165317) Standard: Permit App fee Billed Paid $110.00 $30.00 $4.00 $60.00 $30.00 https://bsaonline.com/C D_PropertySearchDetails/PropertyRecordDetails?Record Key=16e3b9b1-e816-4123-9238-aab 100e5e081 &Record KeyType=3... 1/2 4/5/22, 11:28 AM Permit - Commercial Plumbing Details City of Cape Canaveral I BS&A Online 4/12/2021 I Transaction 8/6/2018 j Transaction (Invoice Number. 0007165317) 1 Transaction Number: 08594230 I $110.00 Transaction Number: 0007165317 $124.00 Attachments Date Created Title No records to display. Contractor Information Address Phone Mobile Wells Boys Building & Construction LLC 211 CAROLINE ST Cape Canaveral, FL 32920 Applicant Information Address Phone Mobile Owner Information Address Phone Mobile Licensee Information No Data to Display No Data to Display Fax No Data to Display Other Phone No Dato to Display Jeffery Wells, R.A. 211 CAROLINE ST Cape Canaveral, FL 32920 No Data to Display No Data to Display Fax No Data to Display Other Phone No Data to Display Oceanside Palms LLC 211 CAROLINE ST Cape Canaveral, FL 32920 No Data to Display No Data to Display Fax No Dato to Display Other Phone No Data to Display Address Jeffrey W Wells. R.A. 211 CAROLINE ST Cape Canaveral, FL 32920 Phone No Data to Display Fax No Data to Display Mobile No Data to Display Other Phone No Data to Displ Construction Details Construction Value 900.00 **Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright © 2022 8S&A Software. Inc. https://bsaonline.com/CD_PropertySearchDetailslPropertyRecordDetails?RecordKey=16e3b9b1-e816-4123-9238-aab100e5e081 &RecordKeyType=3... 2/2 EXHIBIT "2" 4/5/22, 11 :28 AM Permit - Commercial Plumbing Details I City of Cape Canaveral ! BS&A Online Permit Details: P18-1580 Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 I Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information 4 Inspection(s) Found Permit Information Number P18-1580 Category Commercial Plumbing TRrpe Commercial Plumbing Status FINALED Applied Date 07/11/2018 Expire Date 10/13/2021 Issue Date 08/06/2018 Finaled Date 04/16/2021 Work Description DRYWALL, CEILING REPAIR, REPLACE VANITY & FAUCET Stipulations No Data to Display Project No Dato to Display gt PJ Process Step Information Amount Due Permit - Commercial Plumbing Total $0.00 Step Number Step Display Name Status Date Step Started Date Step Completed Date Step Due No records to display. Document Summary [Expand Alp Document Title Review Status No records to display. Date Received Date Completed Review Comments/Concerns `Show All l [Collapse Alf] Title 1 Type Comment Type Corrected Date Found Date Corrected Process Step Review No records to display. Inspection Information inspection Type Inspector t Status Scheduled Date Completed Date Result Ins Pf Fn FINAL - PLUMBING ! I Scheduled 2/19/2019 i View 1 View 1 r I Scheduled 2/19/2019 4/16/2021 1 ' View Scheduled 2/19/2019 View r-- i Richard Mihalich I Completed 4/16/2021 Approved Fees & Payments Date Action 4/12/2021 Invoice Item 7/23/2018 Invoice Item 7/23/2018 Invoice Item 7/23/2018 Invoice Item Qty Description Billed Paid 1.00 Standard Item: Expired Permit (Invoice Number. 08595490) 60.00 Fee Based: Plan Review Income (Invoice Number. 0007165317) 90.00 Standard: 2.5 Percent (Invoice Number. 0007165317) 900.00 Project Cost Based: Val (Invoice Number. 0007165317) $11 0.00 $30 00 $4.00 $60.00 i 7/23/2018 Invoice Item 1.00 Standard: Permit App fee $30.00 httpsJ/bsaonline.com/CD_PropertySearchDetails/PropertyRecordDetails?Record Key=16e3b9b1-e816-4123-9238-aab100e5e081 &RecordKeyType=3... 1/2 EXHIBIT "3" 4/5/22, 11:31 AM Inspection Details J City of Cape Canaveral I BS&A Online Inspection Details: Fn Inspection Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 I Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information 0 Violation(s) Found Inspection Information Amount Due Permit - Commercial Plumbing Total $0.00 Inspe.c.Mon_Typs Fn Status _ Scheduled Inspector No Data to Display Result _ No Data to Display Scheduled Date 02/19/2019 Completed Date No Data to Display Comment(s) Conversion Comment Step Type: FN BP_Master ID: 0007165317 Comment_Text: DRYWALL, CEILING REPAIR, REPLACE VANITY & FAUCET BP_Master Step_ID: 0007165325 Required: False Order_Number. 3 Completed_By Applicant: False Length_Hours: 0.00 Required Date: Required Time: Scheduled Date: Actual_Date: Actual_Time: Scheduled_Time: Last_Date: 2/19/2019 12:00:00 AM Last Time: 42282 Last_User. k.hutchinson Last_Func: p-bp102as-BP_Master-Maintenance Approval_Status: Pending Internal_Step: False Schedule_Person: Failed_BP Master Step_ID: Actual_Length Hours: 0.00 SourceQuery: SELECT * FROM PUB_BP Master Step Associated Record Information Record Type Permit - Commercial Plumbing Record Number _ P18-1580 Status FINALED Date Issued/Filed 08/06/2018 Attachments Date Created INo records to display. Title **Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright O 2022 BS&A Software Inc. https://bsaon li ne.com/CD_PropertySearchDetails/PropertyRecordDeta ils?RecordKey=5bb8afe6-c9ce-4cfe-9fee-aab 100e5edf5&RecordKeyType=11 &... 1/1 4/5/22, 11:32 AM Inspection Details 1 City of Cape Canaveral 1 BS&A Online Inspection Details: Pt Inspection Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 I Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 0 Violation(s) Found Inspection Information F Amount Due Permit - Commercial Plumbing Total $0.00,, Inspection Type,__ Pf Status _ Scheduled Inspector No Data to Display Result No Data to Display Scheduled Date 02/19/2019 Completed Date No Data to Display Comment(s) Conversion Comment Step Type: PF BP_Master_ID: 0007165317 Comment_Text: BP Master Step_ID: 0007165356 Required: False Order Number. 2 Completed_8y Applicant: False Length Hours: 0.00 Required_Date: Required_Time: Scheduled Date: Actual Date: Actual_Time: Scheduled_Time: Last Date: 2/19/2019 12:00:00 AM Last_Time: 42282 Last_User: k.hutchinson Last_Func: p-bp102as-BP_Master- Maintenance Approval_Status: Pending InterneI_Step: False Schedule_Person: Failed BP_Master Step_ID: Actual_Length_Hours: 0.00 SourceQuery SELECT * FROM PUB BP Master Step Associated Record Information Record Type Permit - Commercial Plumbing Record Number P18-1580 Status FINALED Date Issued/Filed 08/06/2018 Attachments Date Created No records to display. Title **Disclaimer: BS&A Software provides 8S&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright O 2022 BS&A Software. Inc https://bsaonline.con/CD_PropertySearchDetails/PropertyRecordDetails?RecorclKey=dbc46f58-b414-43c9-8c50-aab100e5edf5&RecordKeyType=11... 1/1 4/5/22, 11:33 AM Inspection Details I City of Cape Canaveral I BS&A Online Inspection Details: Ins Inspection Property Address: 321 JOHNSON AVE 10A, CAPE CANAVERAL, FL 32920 I Parcel: 2434883 Property Owner: OCEANSIDE PALMS LLC Summary Information > 0 Violation(s) Found Inspection Information Amount Due Permit - Commercial Plumbing Total SOAO In pection Type _Ins Status Scheduled Inspector No Data to Display Result No Data to Display Scheduled Date 02/19/2019 Completed Date No Data to Di plav Comment(s) Conversion Comment Step Type: INS BP Master_ID: 0007165317 Comment Text: BP_Master_Step ID: 0007165354 Required: False Order_Number. 1 Completed_By_Applicant: False Length_Hours: 0.00 Required_Date: Required_Time: Scheduled_Date: Actual_Date: Actual Time: Scheduled Time: Last_Date: 2/19/2019 12:00:00 AM Last Time: 42282 Last_User. k.hutchinson Last_Func: p-bp102as-BP_Master- Maintenance Approval_Status: Pending InterneI_Step: False Schedule_Person: Failed BP_Master_Step_ID: Actual_Length Hours: 0.00 SourceQuery: SELECT * FROM PUB_BP_Master_Step Associated Record Information 1 Record Tjrpe Status Attachments Permit - Commercial Plumbing Record Number P18-1580 FINALED Date Issued/Filed 08/06/2018 Date Created No records to display. Title **Disclaimer BS&A Software provides 85&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright m 2022 BS&A Software Inc https://bsaonline.com/CD_PropertySearchDetails/PropertyRecordDetails?RecordKey=1f7b445a-ae48-47a 1-89ba-aabl00e5edf5&RecordKeyType=11... 1/1 HOWARD W. POZNANSKI ATTORNEY AT LAW P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 Email: howardwpoznanski@bellsouth.net Admitted to practice in Florida, Colorado & Washington, D.C. April 11, 2022 The City of Cape Canaveral Att: Release / Reduction of Code Enforcement Lien 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 RE: City of Cape Canaveral Application for Release or Reduction 321 Johnson Avenue, Cape Canaveral, Florida 32920 Case No. 17-179, Lien Record OR BK 8235, PG 2006 To: City of Cape Canaveral: Enclosed herewith please find the application of Oceanside Palms, et. al.'s City of Cape Canaveral Application for Release or Reduction of Code Enforcement Lien; signed Applicant Procedures for Applying for a Satisfaction, Release, or Reduction of Code Enforcement Lien, and my check payable to the City of Cape Canaveral in the amount of $100.00 representing the application fee. Your courtesy, d attention to the matters contained herein is requested. I look fo and scheduling of the Special Magistrate Hearing. Very enclosures HWP/mp RECEIPT CITY OF CAPE CANAVERAL 04/13/202214:54 100 POLK AVE. Number: 75125 CAPE CANAVERAL, FL 32920 Cashier: a.young (321) 868-1220 Received Of: HOWARD POZNANSKI ESQ The sum of: $100.00 CE-APPFE CODE ENFORCEMENT APPFE Total $100.00 $100.00 TENDERED: Remaining Balance: $0.00 CHECK 5137 $100.00 HOWARD POZNANSKJ, ESQ P.O. BOX 970094 COCONUT CREEK, FL 33097 Case Ab• t-Lte PAY ORDER OF ig .' 01 CQ fie C Aa v-Q�-u TO Ovic - DATE 4rr(t III aba TRUIST 8B&T Is nor TR.utst FOR a( �wt Ci=v`�' t `4M1, E't - Q 1. 5137 e) 63-9138/2631 lao Q DOLLARS -7///z( '1600005 L 37» 4: 263 L9 L 3874: L 10003,914592580 Permit - Building Details I City of Cape Canaveral I BS&A Online Applicant's Exhibit 4 Permit Details: P18-1579 Property Address: 321 JOHNSON AVE CMN AREA, Cape Canaveral, FL 32920 Property Owner: N/A - CONDO COMMON AREA Summary Information .. 4 Inspection(s) Found Permit Information Number Type Applied Date Issue Date Work Description Stipulations Project i Parcel: 24-37-23-CG-75-1.XA P18-1579 Category Building Status 07/19/2018 Expire Date 08/06/2018 Fineled Date REPLACE SOFFIT & REPAIR HANDRAILS No Data to Display No Data to Display Process Step Information Building FINALED 10/12/2021 04/15/2021 Amount Due Permit - Building Total $0.00 Step Number No records to display. Step Display Name Status Date Step Started Date Step Completed (Date Step Due Document Summary Document Review Status Title No records to display. Date Received Date Completed Review Comments/Concerns [Expand All] Show All [Collapse All] Title Type Comment Type Corrected Date Found Date Corrected Process Step Review No records to display. Inspection Information Inspection Type Inspector Status Scheduled Date Completed Date Result Noc Fn Final - Building Final - Building Fees & Payments Date 4/12/2021 Michael German Michael German Completed Scheduled Completed Completed 8/8/2019 8/8/2019 4/13/2021 4/15/2021 4/13/2021 4/15/2021 Approved Disapproved Approved View View View View Action Invoice Item 7/23/2018 Invoice Item 7/23/2018 Invoice Item 7/23/2018 Invoice Item 7/23/2018 Invoice Item Qty Description Standard Item: Expired Permit 1.00! I (Invoice Number: 08595489) Standard: Permit App fee 1.00 (Invoice Number: 0007165610) Fee Based: Plan Review Income 115.00 (Invoice Number: 0007165610) 172.50 Standard: 2.5 Percent • (Invoice Number: 0007165610) Project Cost Based: Val 10,000.00 (Invoice Number: 0007165610) Billed $110.00 $30.00 $ 57.50 $4.31 $115.00 Paid https://bsaonline.com/CD_PropertySearchDetails/PropertyRecordDetails?recordKeyType=3&recordKey=671 b0f9f-9642-4f06-9706-aab 100e5e081 &ui... 1/2 5/25/22, 10:10 AM 4/12/2021 Transaction 8/6/2018 Transaction Permit - Building Details I City of Cape Canaveral I BS&A Online Transaction Number: 08594229 Transaction Number: 0007165610 $110.00 $206.81 Attachments Date Created No records to display. Contractor Information Address Title Wells Boys Building & Construction LLC 211 CAROLINE ST Cape Canaveral, FL 32920 Phone No Data to Display Fax Mobile No Data to Display Other Phone Applicant Information No Data to Display No Data to Display Address Jeffery Wells, R.A. 211 CAROLINE ST Cape Canaveral, FL 32920 Phone No Data to Display Fax Mobile No Data to Display Other Phone Owner Information No Data to Display No Data to Display Address Oceanside Palms LLC 211 CAROLINE ST Cape Canaveral, FL 32920 Phone No Data to Display Fax No Data to Display Mobile No Data to Display Other Phone No Data to Display Licensee Information Address Jeffrey W Wells. R.A. 211 CAROLINE ST Cape Canaveral, FL 32920 Phone No Data to Display Fax Mobile No Data to Display Other Phone Construction Details No Data to Display No Data to Display Construction Value 10000.00 **Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright © 2022 BS&A Software Inc. https://bsaonline.com/CD_PropertySearchDetails/PropertyRecordDetails?recordKeyType=3&recordKey=671 b0f9f-9642-4f06-9706-aab100e5e081 &ui... 2/2 Applicant's Exhibit 5 '11/19/21, 4:07 PM AT&T Yahoo Mail - RE: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT RE: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT From: Brian Palmer(b.palmer@cityofcapecanaveral.org) To: howardwpoznanski@bellsouth.net; m.german@cityofcapecanaveral.org Cc: p.roth@cityofcapecanaveral.org; dbabb@orlandolaw.net; m.goforth@cityofcapecanaveral.org; d.dickey@cityofcapecanaveral.org; c.robinson@cityofcapecanaveral.org; d.lefever@cityofcapecanaveral.org Date: Friday, November 19, 2021, 04:00 PM EST Sir, I would have to refer you to the Building Official (Mike German) as he would be the individual that could possibly answer your question. I have copied him on this email and will follow up with him on Monday. Thank you. Sincerely, Brian Palmer Senior Code Enforcement Officer City of Cape Canaveral phone (321) 868-1220 ext. 115 fax (321) 868-1247 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 The City of Cape Canaveral — Sun, Space & Sea® Connect with us! Facebook + lnstagram + Twitter + YouTube + Nextdoor From: howard poznanski <howardwpoznanski@bellsouth.net> Sent: Friday, November 19, 2021 3:56 PM 1/5 ,11/19/21, 4:07 PM AT&T Yahoo Mail - RE: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT To: Daniel LeFever <D.LeFever@cityofcapecanaveral.org>; Brian Palmer <B. Palmer@cityofcapecanaveral.org> Cc: Patricia Roth <P.Roth@cityofcapecanaverai.org>; Debra Babb-Nutcher <dbabb@orlandolaw.net>; Mia Goforth <M.Goforth@cityofcapecanaverai.org>; David Dickey <D.Dickey@cityofcapecanaveral.org>; Chris Robinson <C.Robinson@cityofcapecanaveral.org> Subject: Re: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Mr. Palmer. I did receive the Minutes regarding the prior lien reduction outcomes. Thank you. Regarding the "conversion" discussion below, I do have a follow up: For permit no. P18-1580, an inspection was scheduled on February 19, 2019, but not finaled until April 16, 2021. When you click "view", the conversion message is displayed. What was the outcome of the February 19, 2019 scheduled inspection? If there is hard copies of the paper work, kindly email it to me. Thank you. Howard Poznanski, Esquire P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 On Thursday, November 18, 2021, 03:28:28 PM EST, Brian Palmer<b.palmer@cityofcapecanaveral.org> wrote: Sir, 2/5 11/19/21, 4:07 PM AT&T Yahoo Mail - RE: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT l am gathering that information and have attached the updated lien reduction application and Procedures letter. The conversion comment was generated by the system when we transferred to our new system. Each permit that was in our old system and was transferred to the new system had a conversion comment attached to it by the new system. Thank you. Sincerely, Brian Palmer Senior Code Enforcement Officer City of Cape Canaveral phone (321) 868-1220 ext. 115 fax (321) 868-1247 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 The City of Cape Canaveral — Sun, Space & Sea® Connect with us! Facebook + lnstagram + Twitter + YouTube + Nextdoor From: howard poznanski <howardwpoznanski@bellsouth.net> Sent: Thursday, November 18, 2021 3:22 PM To: Daniel LeFever <D.LeFever@cityofcapecanaveral.org>; Brian Palmer <B.Palmer@cityofcapecanaveral.org> Cc: Patricia Roth <P.Roth@cityofcapecanaveral.org>; Debra Babb-Nutcher <dbabb@orlandolaw.net>; Mia Goforth <M.Goforth@cityofcapecanaveral.org>; David Dickey <D.Dickey@cityofcapecanaveral.org>; Chris Robinson <C.Robinson@cityofcapecanaveral.org> Subject: Re: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT 3/5 11/19/21, 4:07 PM AT&T Yahoo Mail - RE: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveraLorg Mr. Palmer: Just following up on the below. Thank you. I also have an additional question: Regarding Permit P18-1580, which was finaled/completed on 04/16/2021, looking at the permit itself, it appears at an inspection was scheduled for 02/19/2019 and the attached is what is reflected. What do the comments mean? Howard Poznanski, Esquire P.O. Box 970094 Coconut Creek, Florida 33097 Tel: (561) 417-9294 On Tuesday, November 9, 2021, 09:33:53 AM EST, Brian Palmer<b.paimer@cityofcapecanaveral.org> wrote: Prior to the Special Magistrate the lien reductions were presented to the Code Board who made the determination. Prior to that they were presented to the Code Board which submitted their recommendation to the City Council. Yes we should have minutes of those meetings and can get those to you. Due to the research involved and I am not local this week, I will get that information to you first thing next week. Thank you. Brian Palmer Senior Code Enforcement Officer 4/5 `P1/i9/11, 4:07 PM AT&T Yahoo Mail - RE: City of Cape Canaveral Lien Reduction Request - Public Records Request ACKNOWLEDGMENT b.palmer@cityofcapecanaveral.org phone (321) 868-1220 ext. 115 fax (321) 868-1247 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 5/5 Applicant's Exhibit 6A CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 21, 2014 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:02 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Others Present: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City Manager City Attorney Administrative Services Director Finance Director Community & Economic Development Director Planning & Zoning Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Chief Cape Canaveral Volunteer Fire Dept. Assistant Chief Cape Canaveral Volunteer Fire Dept. Assistant Chief PUBLIC PARTICIPATION: David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley David Dickey Gustavo Vergara Jeff Ratliff Lonnie Dunn Paul Ring Dave Sargeant John Cunningham Tracy Braley Ray Osborne noted it is the 25th year the City has been a Tree City. He distributed copies of a 2007 article he wrote for Florida Today regarding planting of mangrove saplings at Manatee Sanctuary Park. He explained the work of the White House to declare an investment in green infrastructure and that Act Trees is accepting videos of community tree plantings. He requested to talk to Staff about planting more trees. Mayor Randels listed vegetation/trees that have been planted and explained work City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 2 of 5 planned for North Atlantic Avenue. Mayor Pro Tem Petsos clarified the vegetation/trees the Mayor listed was work completed over the last four years and did not include the previous work. Mr. Osborne advocated planting additional trees at Manatee Sanctuary Park, which are not Palm trees. He explained the availability of trees through Act Trees. City Manager Greene indicated the work done in the last four years includes about 350 trees of various types. Mr. Greene felt there was a dramatic difference in the City over the last four years and this will continue on North Atlantic Avenue. Mr. Greene stated this continues to be a City focus, as well as the City having two Certified Arborists on Staff. PRESENTATIONS / INTERVIEWS: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2013: Mayor Randels presented the Certificate to Finance Director John DeLeo. Mr. DeLeo shared the award with his Staff and spoke of their hard work/dedication to excellence. It was noted this Certificate has been received for the last 19 years. Mayor Randels noted a Proclamation he signed for Dysautonomia Awareness Month. Interview Applicant Maria (Mickie) Kellum for appointment to the Culture and Leisure Services Board: Attorney Garganese asked Ms. Kellum if all the information on her application was true and correct, to which she replied in the affirmative. Ms. Kellum explained her desire to give back to the City which has given so much to her family over the last 25 years. She reviewed her experience and how it could assist the City. Mayor Randels asked Ms. Kellum to share information about the American Cancer Society Walk hosted by the VFW, to which she stated $6,400.00 was raised on the event date and donations continue to be received. Obtain consensus on path forward for completion of an updated Stormwater Master Plan and incorporate any approved chances in a Final Report: Mr. Gordon England explained increased regulations that led to the Basin Management Action Plan (BMAP), the amount of phosphorus/nitrogen which must be removed, the activities which provide removal credits; the GIS data that was collected as a part of the project, mistakes in work previously done by Florida Department of Environmental Protection (FDEP), a list of 21 potential projects which could be done to meet the regulation requirements and how this information was used to update the Stormwater Master Plan. He encouraged the City to continue working with FDEP to meet the regulations and correct data errors. Mayor Randels reviewed grants received to offset the unfunded mandates of the regulations and thanked Staff for their work. Questions and statements from City Council Members included compliments/encouragement and concern over the cost of property acquisition. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for approval of the path forward. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 3 of 5 CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Special City Council Meetings of September 3, 2014 and September 16, 2014 and Regular City Council Meeting of September 16, 2014: 2. Approve Change Order #2 to Wm. Turnbaugh Construction, Inc., in the amount of $59,400.00 for completion of the Pedestrian Way at Manatee Sanctuary Park and an additional $2,030.50 in engineering and testing costs; and authorize the City Manager to execute the same: 3. Approve the First Addendum to the Lease Agreement for the Fire Station (190 Jackson Ave.): 4. Resolution No. 2014-33; revising the Addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral. Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions; and an effective date: 5. Resolution No. 2014-34; reappointing a Member to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Melanie Evans): 6. Resolution No. 2014-35; appointing a Member to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Maria "Mickie" Kellum): A motion was made by Council Member Hoog, seconded by Mayor Pro Tem Petsos, to approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARING: 7. Ordinance No. 13-2014; adopting a revised Solid Waste Franchise Agreement with Waste Pro of Florida, Inc. pursuant to Section 2.12(3) of the City Charter; adopting the Solid Waste Rates set forth in the Solid Waste Franchise Agreement; providing for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and an effective date, second reading: Attorney Garganese read the Ordinance title into the Record. The Public Hearing was opened. No comments were received and the Public Hearing was closed. City Manager Greene explained the changes to the Contract, the rates, which are the lowest among municipalities in City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 4 of 5 Brevard County and advocated to continue to work with Waste Pro of Florida. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Bond, for approval of Ordinance No. 13-2014. Mayor Randels offered an additional opportunity for public comment and none was received. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 8. Ordinance No. 14-2014; adopting the amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2013, and ending September 30, 2014; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date, first reading: Attorney Garganese read the Ordinance title into the record. Mayor Randels explained the Ordinance purpose. The Public Hearing was opened. No comments were received and the Public Hearing was closed. Mayor Randels noted the anticipated ending fund balances. A motion was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 14-2014. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. ITEMS FOR ACTION: 9. Consider Application for Satisfaction or Release of $77,850.00 Code Enforcement Lien, Case No. 11-00040; 8652 N. Atlantic Avenue: This item was withdrawn at the request of the Applicant and no action was required. 10. Consider Application for Satisfaction or Release of $5,925.00 Code Enforcement Lien, Case No. 12-00012: 201, 203. 205 Jefferson Avenue: Mayor Randels reviewed the violation, the accrual of the Lien and actions taken to bring the property into compliance. He explained the Applicant/Current Owner's request for reduction in the Lien amount. City Manager Greene reviewed the calculations and the recommendation of the Code Enforcement Board. Property Owner Mr. Mustapha Khan explained his desire for reduction in the Lien amount beyond what is recommended by Staff/Code Enforcement Board. Discussion ensued and included: whether the Applicant was aware of the Lien prior to purchasing the property; that the Applicant is living in the property; how quickly the Applicant brought the property into compliance; and that each lien reduction must be judged upon its own merits. City Manager Greene modified the recommendation to reduce the Lien to $3,000.00. A motion was made by Council Member Bond, seconded by Council Member Hoog, that we follow the City Manager's guidelines to reduce the lien to $3,000.00. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. Mayor Randels noted the City desires for compliance rather than taking people's money. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2014 Page 5 of 5 REPORTS: Council Member Hooq complimented Staff on the improvements at Manatee Sanctuary Park. Mayor Randels noted the activities of City Government Week. • There being no further business, the Meeting adjourned at 7:20 P.M. , 11g ..... • •ti kA Angufa M. AppersoM,yVIMC, Administrative Services Director clams C-,V+AJNCce-04_ Rocky Randels, Mayor Todd Morley From: Sanders, Danielle <Danielle.Sanders@seterus.com> Sent: Wednesday, January 22, 2014 1:48 PM To: Duree Alexander Cc: Todd Morley; Glenn Pereno; John DeLeo; Kate Latorre; mhustey@popkinrosaler.com Subject: RE: 201 International Drive Unit 214 Thank you. I am following up with my invoicing department. Thank you, 9vls. DanieCCe M. Sanders, .t.S. Lien Risk Management - Foreclosure Setcrus, Inc. 3039 Cornwallis Road Bldg. 203, A139C Research Triangle Park, NC 27709 (919) 257-5660 daniclle.sandersia)seterus.cotn seterus,. From: Duree Alexander [mailto:D.Alexander@cityofcapecanaveral.orq] Sent: Wednesday, January 22, 2014 1:05 PM To: Sanders, Danielle Cc: Todd Morley; Glenn Pereno; John DeLeo; Kate Latorre; mhustevC1000kinrosaler.com Subject: 201 International Drive Unit 214 Danielle, Just wanted to remind you that the $10,000.00 payment for the lien reduction for 201 International Drive, Unit 214, must be received or postmarked by January 24, 2014, or the lien reverts back to the original amount of $40,750.00. Let me know if you have any questions. DUREE .ALEXANDE.R, Code Enforcement Officer City of Cape Canaveral Code Enforcement Department 7510 N. Atlantic Ave. P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1222 x13 (321) 868-1247 (fax) d.alexander@citvofcaoecanaveral. ork. www.cityofcapecanaveral.or Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. 1 This communication is from a debt collector as we sometimes act as a debt collector. We are attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this letter is not an attempt to collect the debt, but notice of possible enforcement of our lien against the collateral or for informational purposes only. If you receive or have received a discharge of this debt that is not reaffirmed in a bankruptcy proceeding, you will not be personally responsible for the debt. However, the lien against the property securing this debt may remain on the property until the amount owing on the loan is paid. This e-mail message is for the sole use of the, intended recipient(s). It may contain confidential information, legally privileged information or other information subject to legal restrictions. If you are not the intended recipient, please do not read, copy, use, or disclose this message. Please notify the sender by replying to this message, and then delete or destroy all copies of this message in all media. Also, this email message is not an offer or acceptance and it is not intended to be all or part of an agreement. COLORADO: SEE WWW.COLORADOATTORNEYGENERAL.GOVICA FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICERS ACT. Seterus, Inc. maintains a local office at 355 Union Boulevard, Suite 250, Lakewood, CO 80228. The office's phone number is 888.738.5576. New York City: 1331537, 1340663, 1340148. Tennessee: This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance. Seterus, Inc. is licensed to do business at 14523 SW Millikan Way, Beaverton, OR. Seterus' phone number is 866.570.5277, and our general business hours are Monday -Thursday 5 a.m. to 8 p.m., Friday 5 a.m. to 6 p.m. (Pacific Time). For borrowers having difficulty making payments, we have loan specialists available Monday —Thursday 5 a.m. to 9 p.m., Friday 5 a.m. to 6 p.rn., and Saturday 9 a.m. to 12 p.m. (Pacific Time). Saturday hours may vary. 2 Applicant's Exhibit 6B CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY March 17, 2015 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. Mayor Randels wished everyone happy St. Patrick's Day and thanked those in attendance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Mayor Council Member Others Present: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City Manager City Attorney City Clerk Administrative/Financial Services Director Economic Development Director Community Development Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Assistant Chief PUBLIC PARTICIPATION: David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley David Dickey Gustavo Vergara Jeff Ratliff Lonnie Dunn Paul Ring John Cunningham Charles Spercel thanked Council Members for their time and expressed concerns related to the effects of the activities at Port Canaveral on City residents/traffic. He advocated for a moratorium on gas stations and car rental/parking facilities. He expressed a desire for high speed rail to reduce traffic and encouraged the City Council to work with the Port Authority to lessen the impacts. He expressed his desire for the City to stay a bedroom/beach community. City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2015 Page 2 of 5 Ava Errante spoke against additional gas stations and encouraged the development of a park with certain amenities at the location where the gas station was proposed. Mayor Randels suggested she visit Manatee Sanctuary Park where the amenities she listed were already available. Eric Braga presented a Land Planning Report that was submitted to the Board of Adjustment (BOA) which he felt notes deficiencies in the City's Comprehensive Plan. Mr. Braga encouraged Council Members to listen to the audio from the Planning and Zoning Board Meeting and the BOA Meetings to see what the residents want in the City instead of spending money on the Branding Initiative. Discussion ensued and included legal reasons why Elected Officials did not attend the Meetings. John Benton noted his presence at the December City Council Meeting where he expressed concerns about Code Enforcement activity in the City and the City Council's direction to meet with the City Manager. Mr. Benton indicated he met with the City Manager; however, he felt the City Manager did not assist him with his concerns. City Manager Greene indicated Mr. Benton was given clear direction on how to address his concerns. Suzanne Elliott thanked/congratulated the City for continuing to be named a Tree City. She advocated for the creation of a park on the south side of the City. PRESENTATIONS 1 INTERVIEWS: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2014 — Presentation by Bernadette Britz-Parker, James Moore & Co.: Bernadette Britz-Parker thanked Staff for all their assistance during the Audit and provided a summary presentation of the Annual Audit for Fiscal Year ending September 30, 2014. Comments from the Council included: thanks to Staff; compliments to James Moore & Co for a well written report; the decline in tax revenue since 2007; that the Report is public information and will be posted to the City's Website, once accepted; business growth which has assisted in lower millage rates. Charles Spercel questioned the CRA, Capital Construction and Enterprise Capital Funds balance, to which Ms. Parker responded. A motion was made by Council Member Walsh, seconded by Council Member Petsos, to accept the Annual Audited Financial Statements and Independent Auditor's Report for Fiscal Year ending September 30, 2014. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. Proclamation designating May 2015 as "Motorcycle Safety and Awareness Month": Mayor Randels read the Proclamation into the record and presented same to Suz Skinkle. Proclamation designating April 7, 2015 as National Service Recognition Day in the City of Cape Canaveral: Mayor Randels explained the purpose of the Proclamation and declared City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2015 Page 3 of 5 April 7, 2015 as National Service Recognition Day. He encouraged residents to recognize the positive impacts of service and to thank those who serve/find ways to give back to the community. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. Item Two was withdrawn by Council Member Petsos. 1. Approve Minutes for Regular City Council Meeting of February 17, 2015: 2. Award Contract for construction of 2.5 Million Gallon Reclaimed Storage Tank and WRF Filter Press Addition to Florida Design Contractors in the base bid amount of $4,048,000 and authorize the City Manager to execute the Agreement: 3. Approve the Sole -Source purchase and installation of an Aqua Guard bar/filter screen from Parkson Corporation in the amount of $158,454 and authorize the City Manager to execute the Contract: A motion was made by Council Member Petsos, seconded by Council Member Bond, to approve Items One and Three. Rebecca Rowe asked for clarification on Item Three and Mayor Randels withdrew same. The motion and the second were amended to approve Item One. The amended motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. #2 City Manager Greene explained the acquisition of grant funds to reduce the project cost and an anticipated change order to further reduce the cost by not installing pilings under the tank. He explained the need to store the reclaimed water; how it will reduce outflow of wastewater to the river and receive TMDL credits for same. #3 Mayor Randels explained the need for a bar/filter screen and why it is a Sole Source purchase. A motion was made by Council Member Bond, seconded by Mayor Pro Tem Hoog, to approve Items Two and Three. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARINGS: 4. Ordinance No. 04-2015; amending Chapter 62, "Solid Waste", of the Code of Ordinances: providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and explained its purpose. Mayor City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2015 Page 4 of 5 Randels noted the first reading of the Ordinance occurred on February 17, 2015; the advertisement was in the newspaper on February 19, 2015 and opened the Public Hearing. Rebecca Rowe asked about the collection of Electronic Waste to which Mr. Greene indicated Public Works Services Deputy Director will contact her for further discussion, Debbie Sanchez asked about recycling. City Manager Greene indicated Solid Waste Collection information is on the City's Website. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 04-2015. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. ITEMS FOR ACTION: 5. Consider Application for Reduction or Satisfaction of $77,850.00 Code Enforcement Lien, Case No. 11-00040, 8652 N. Atlantic Avenue: The Applicant was not present. Discussion included: the recommendation from the Code Enforcement Board and City Staff; a reduction in the Lien would allow for the sale/occupancy of the property; that the property is valued less than the Lien amount; the resolution of the violations; the desire of some Council Members to amend the Code to make more impact on properties with violations; details of the Code Enforcement Case; and that the Applicant is the legal owner at this time. A motion was made by Council Member Petsos, seconded by Council Member Bond, to accept the Code Enforcement Board and Staffs recommendations to reduce the fine to $10,000.00. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 6. Resolution No. 2015-02; supporting the State Legislature's efforts to amend Florida Statute Section 403.7033, to provide for local regulation and enforcement of plastic bags under the State's proposed guidelines; alternatively. should the Statute not be amended, the City Council requests the repeal of Florida Statute Section 403.7033. so local governments are no lonfer preempted from enacting appropriate legislation relating to the regulation of plastic bags; providing for the repeal of prior inconsistent resolutions: severability; and an effective date: Attorney Garganese read the Resolution title into the record. Discussion included whether to adopt the Resolution or utilize the City's Legislative Advocate to convey the City's concerns to the Legislature and whether the Space Coast League of Cities has taken a position on the issue. Council consensus was reached to have the Legislative Advocate speak to the Legislature. The Resolution was not adopted. REPORTS: Council Member Bond thanked Public Works Services Deputy Director Lonnie Dunn for the comprehensive tour of the renovations at the Wastewater Treatment Plant; congratulated Financial Services on the clean Audit and noted a newspaper report City of Cape Canaveral, Florida City Council Regular Meeting March 17, 2015 Page 5 of 5 regarding a 1/2 Marathon to which City Manager Greene indicated an Outdoor Entertainment Application is being reviewed for same. Council Member Walsh thanked City Manager Greene, Economic Development Director Morley, Community Development Director Dickey, Public Works Services Director Ratliff and Major Ring for attending a Membership Meeting at Villages of Seaport; noted comments from residents opposing gas stations, car rental facilities, car parking lots and U-haul facilities; explained the information provided for Council Meetings is on the City Website. City Manager Greene explained the purpose of the Council Meeting is a business meeting where the City Staff has prepared information to answer questions prior to meeting. He advocated for Citizens to research items prior to the meeting and if needed to contact Staff Members to obtain answers to questions. Eric Braga questioned the City Manager's practice of forwarding e-mails to the City Council. Mayor Pro Tem Petsos encouraged Citizens to read the information related to agenda items which is posted on the City Website; noted comments from residents opposing gas stations, car rental facilities and U-haul facilities. He handed out an ordinance adopted by Cocoa Beach to regulate the number of fueling stations at convenience stores/gas stations and advocated for a similar ordinance to be considered by the Planning and Zoning Board then the City Council, to which Council Members indicated their agreement. Mayor Randels presented Council Member Bond with a reusable bag from the City's 50th Anniversary Celebration; noted that the City has been meeting in the Library Meeting Room for more than five years; noted there are "make up" dates for the Ethics Training; that he had read some interesting essays from Seventh Grade Students titled "If 1 was elected Mayor" and shared the results of a study of Bus Stops for accessibility, where Cape Canaveral was repated. ADJOOF - 4_ ,,vc► There-e, ing no further:t • • !f _ - - ram. • ,r`"+'.."E- jP•`� , - %AiWI.*4`b. = .. Angela M. Appersn, MMC, City Clerk fss"the Meeting adjourned at 7:42 P.M. Rocky Randel , Mayor Applicant's Exhibit 6C CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 22, 2015 5:30 PM MINUTES CALL TO ORDER: Mayor Pro Tem Hoog called the Meeting to Order at 5:30 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels (arrived 5:32 p.m.) Council Members Absent: Council Member Others Present: Betty Walsh City Manager Assistant City Attorney City Clerk Administrative/Financial Services Director Economic Development Director Community Development Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Chief Cape Canaveral Volunteer Fire Dept. Assistant Chief PUBLIC PARTICIPATION: David L. Greene Kim Kopp Angela Apperson John DeLeo Todd Morley David Dickey Gustavo Vergara Joyce Muse Jeff Ratliff Paul Ring Dave Sargeant John Cunningham John Benton expressed concern over individuals living in storage units at the Space -Mann Mini -warehouse and his dissatisfaction with the Code Enforcement Process. Mayor Randels indicated the City Council would not take any action on this item. Mike Brown thanked Elected Officials and City Staff for their hard work and dedication. He introduced himself as a Candidate for City Council and provided details of his work history/civic involvement. City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page2of5 CONSENT AGENDA: Mayor Randels asked for items five and six to be removed from the Consent Agenda for discussion. He inquired if any other items are to be removed, to which a negative response was received. 1. Approve Minutes for Special City Council Meeting of August 7, 2015, Regular City Council Meeting of August 18, 2015 and Special City Council Meeting of September 8, 2015: 2. Approve Change Order #1 to Wm. Turnbaugh Construction, Inc., in the amount of $48,350.00 for the Adams Avenue Gap Sidewalk Project; and authorize the City Manager to execute the same: 3. Approve the preliminary plat for the purpose of developing the New City Hall Facility -100 Polk Avenue: 4. Approve the amended Transportation Impact Fee Trust Fund Disbursement Agreement between Brevard County and City of Cape Canaveral for construction of complete streets improvements to North Atlantic Avenue and authorize the Mayor to execute the same: 5. Approve Application for Reduction or Satisfaction of Code Enforcement Lien, Case No. 10-00150, 7000-7008 N. Atlantic Avenue from $2,188.75 to $1,094.38: 6. Approve Application for Satisfaction or Release of Code Enforcement Liens, Case No. 12-00083, 8200 Canaveral Blvd. Unit 2-D from up to S92,850.00 to $10,000.00: 7. Resolution No. 2015-13; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date: 8. Resolution No. 2015-14; authorizing an agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for an effective date: 9. Resolution No. 2015-16; reappointing members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Douglas Raymond, Mary K. Russell. John Dattilo, Barry Schoenholz, Marlene Woodside and Marilyn Nicholas): A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Consent Agenda Items 1, 2, 3, 4, 7, 8 and 9. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 3 of 5 #5 — Discussion ensued and included: the details of the Code Enforcement Case; information presented by Mr. John Beasley; an urging from City Manager Greene to accept the recommendation of the Code Enforcement Board, which is also supported by Staff. A motion was made by Council Member Bond, seconded by Mayor Randels to approve the reduction of a Code Enforcement lien from $2,188.75 to $1,094.38. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. #6 — Discussion ensued and included: details of the Code Enforcement Case, that no one was present to answer questions, whether restitution was provided to the adjoining unit owners who were adversely affected by this violation, an urging from City Manager Greene to move forward with the lien reduction and for City Council not to get involved in private legal matters. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of a lien reduction from $92,850.00 to $10,000.00. The discussion continued and included: this is something the State Legislature needs to correct; an acknowledgement that the bank could not enter the property until the property was in their possession, however the length of time for repairs in this case was unacceptable; a suggestion to reduce the lien to $39,900.00 or $25,250.00 instead of $10,000.00; an urging from City Manager Greene to be mindful that the property is vacant, the lien amount is in excess of the appraised value, that the City has less expense than the recommended lien reduction and by approval of a lien reduction, Staff could spend time on other items; the lien reduction process and the prohibition to re -apply for a reduction for a year and the reiteration of several points from the case file. The motion failed 2-2 with voting as follows: Council Member Bond, Against; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, Against; and Council Member Walsh, Absent. (See below for additional information) PUBLIC HEARING: 10. Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding City Council Elections to fill Councilmember vacancies; providing for conflicts, severability, incorporation into the Code, and an effective date, second reading: Assistant City Attorney Kopp read the Ordinance title into the record. Mayor Randels provided an overview of the details which led to the Ordinance. The Public Hearing was opened. Brendan McMillin advocated for the adoption of the Ordinance. The Public Hearing was dosed. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of Ordinance No. 09-2015. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. 11. a. Resolution No. 2015-15, adopting a Final millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: Assistant City Attorney Kopp read the Resolution title into the record, indicated this is the final adoption hearing for the millage rate, the rolled back rate is 3.5513 and the proposed rate is 3.5432 mills, which is less than the rolled back rate. Discussion ensued and included City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 4 of 5 that property owners may still see their tax bill increase because of a change in the assessed value of the property; that Homesteaded property is capped at CPI or 3% increase and commercial property is capped at 10%; compliments to Staff for the reduction in millage rate; great work of Staff, that Cape Canaveral is the only City that is going below rolled -back, to which a round of applause was given. No comments were received from the public. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Petsos, for approval of Resolution No. 2015-15. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. b. Ordinance No. 10-2015, adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund. Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016; providing for an effective date, second reading: Assistant City Attorney Kopp read the Ordinance title into the record. Mayor Randeis noted the advertisement date and opened the Public Hearing. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance No. 10-2015. Mayor Randels noted the Budget must be balanced and is $ 36,484,935.00 for Fiscal Year 15/16. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randeis, For; and Council Member Walsh, Absent. Mayor Randels explained the positive outcome (no deficiencies) of a random inspection of the Cape Canaveral Volunteer Fire Department and the two year contract with Brevard County Sheriffs Office. ITEMS FOR ACTION: 12, Approval of the Prismatic Branding Effort: Stephanie Darden thanked her dad Lyman, who previously lived in Cape Canaveral and thanked City Staff for all their work to complete this process. She reviewed the Brand Activation Proposal and showed the Brand Video. Discussion ensued and included: the team work that went into the Branding effort; the need for the brand to be fresh and welcoming; the tag line "The Space Between _ + _"; a new website, which is budgeted; prior skepticism of whether this study would be shelved and the delight that Staff is already moving it forward; the belief this Project has opened the door to many opportunities; the possibility of an art contest for murals is well worth the effort; how the Project will be implemented beyond the website and the possibility of it being shown at the Exploration Tower. A motion was made by Council Member Petsos, seconded by Council Member Bond, to approve the Branding Effort. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. City Manager Greene explained an individual is now present for the Application for Satisfaction or Release of Code Enforcement Lien, Case No. 12-00083, 8200 Canaveral Blvd, Unit 2-0 and requested the City Council re -consider the Item. A motion was made by Council Member Bond, seconded by Mayor Randels, to reconsider Item #6. The City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 5 of 5 motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. Tina Adamson apologized for being late to the Meeting; she thought it started at 6:00 p.m. Ms. Adamson explained the struggles to get a competent contractor to complete the work; indicated the buyer is ready to close on Friday if the hen is reduced to $10,000.00 and noted leaving the property empty for another year does not benefit anyone. She explained the process used by Bank of America to assign the property to a realtor who will work with the firm, Safeguard, that sub -contracts to general contractors to make necessary repairs to the property. City Manager Greene urged for approval of the lien reduction. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of Staff/Code Enforcement Board's recommendation to reduce the lien to $10,000.00. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. REPORTS: Mayor Randels noted the birthday of Joyce Hamilton, for which she was congratulated. Council Member Bond thanked City Staff for their work on the Budget and indicated the next month and a half will be interesting because of the amazing set of candidates. Council Member Petsos complimented the Leisure Services Department on the Kite Festival. He noted the student population at Cape View Elementary is well over the projected number and is currently 428 students. Mayor Randels noted his attendance at a presentation where Carol Craig was recognized as the 2015 Entrepreneur of the Year; he apologized for being late to the Meeting and noted an opportunity for either of the two mayor candidates on September 28/29 to meet the New Secretary of Transportation; and noted his attendance at the Governor's dinner meeting on September 28, 2015. ADJOURNMI AVe ° w - _ There. e ngjno further b isngs the Meeting adjourned at 7:14 P.M. /4, *•...... /y Angela M. Appersdn,'MMC, City Clerk Rocky Randels, Mayor Applicant's Exhibit 6D CAPE CANAVERAL REGULAR CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar Tuesday August 18, 2020 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:23 P.M. and read a COVID-19 Pandemic Emergency Statement. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Council Member Angela Raymond Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Deputy City Clerk Brevard County Sheriff's Office Commander Canaveral Fire Rescue Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Melinda Huser Daniel LeFever Andrew Walters Dave Sargeant PUBLIC PARTICIPATION: City Clerk Goforth read an email received from Joe Abreu, 225 Long Point Road, commenting on drainage and access issues regarding the estuary area located at Long Point Road (see attached). Capital Projects Director Ratliff provided an update on the City's grant application and development of the Long Point Road Estuary Park program which he indicated would address the issues raised. CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion. Council Member Morrison removed Item 5. 1. Approve Minutes for June 16, 2020 Regular Meeting and July 2. 2020 and July 9, 2020 Special Meetings. (postponed on July 21. 2020) City of Cape Canaveral, Florida City Council Meeting — Regular Virtual August 18, 2020 Page 2 of 4 2. Approve Minutes for July 21, 2020 Budget Workshop and Regular Meetings. 3. Approve the Thirteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $54,606 with Black's Spray Service, Inc. and authorize the City Manager to execute same. 4. Approve Grant Agreement LPA0096 with Florida Department of Environmental Protection to receive funds in the amount of $250,000 from the State Legislature for construction of Cape Canaveral Wastewater Treatment Plant Improvements and authorize the City Manager to execute same. 5. Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $262,610 with U.S. Lawns of Brevard dba Micnor Corp. and authorize the City Manager to execute same. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown, to pass Consent Agenda Items 1-4. The motion carried 5-0. 5. Discussion ensued and included concerns regarding certain landscaping areas in the City. Public Works Services Director Moore explained how U.S. Lawns of Brevard are still learning the area after taking over the job within the last six months, providing excellent services, encouraged reporting areas of concern to Staff, confirmed the chemical glyphosate is not being used and explained the Florida Department of Corrections inmate crew provides services to the City storm drains and mow areas not in the U.S. Lawns contract. A motion was made by Council Member Morrison, seconded by Council Member Raymond, to approve Item 5. The motion carried 5-0. OLD BUSINESS: 6. Examine additional information and paperwork related to the Application for Reduction of a $47,425.00 Code Enforcement Lien, Case No. 18-183 (8497 Ridgewood Drive) and finalize the Lien reduction request: City Attorney Garganese summarized the Item. Discussion ensued regarding the use of the home as a vacation rental property and the City's seven-day minimum requirement for such use. Jared Doyle, property owner, confirmed an online vacation rental company had been used to list the property. Community and Economic Development Director Dickey explained a Code Enforcement investigation was opened on the matter at this address with no Notice of Violation issued to date and that !aw enforcement responded to the Property on five separate occasions related to parking and loud music. Discussion continued regarding whether Council should consider charging the original lien amount, concerns over criteria and process of this particular Application, investment versus profit, expenses that bring a property into compliance versus upgrades, improvements and amenities and adding one -thousand dollars to Council's proposed Lien Reduction amount of $23,000, representing the costs incurred by the City City of Cape Canaveral, Florida City Council Meeting — Regular Virtual August 18, 2020 Page3of4 since the item last appeared on the City Council agenda. Nathan Doyle, previous property owner and contractor, explained investments and improvements made to the Property. Discussion ensued and included the original seller's struggle to fix the property, low purchase price versus high sale price, moving away from lien reduction actions, short-term rental issues in the City and State requirements. City Attorney Garganese reviewed Council actions taken thus far and the recommended options. A motion was made by Council Member Raymond, seconded by, Council Member Morrison, to keep the lien reduction in the amount of $23,000. Discussion ensued regarding an additional one -thousand dollars to ensure Staff costs are covered. A motion was made by Council Member Raymond, seconded by Mayor Pro Tem Brown, amending the main motion by an additional $1,000. The motion carried 5-0. There was no public comment. The main motion carried in the total amount of $24,000, as amended, 5-0. ITEM FOR ACTION: 7. Select an Option for the Solar Light Replacement Program on Ridgewood and North Atlantic Avenues and authorize the City Manager to budget same: City Manager Morley summarized the Item. Discussion ensued and included how the darkest areas of the City should receive new lighting first, achieving "no -lights -out", maintenance issues related to salt air and corrosion, the measure will not come back to Council after approval as it will be budgeted and managed by Staff, obtaining the best warranty, support for Option 2, 5-year replacement plan, better design and the likelihood solar lighting costs will decrease over the coming years. There were no public comments. A motion was made by Council Member Raymond, seconded by Council Member Kellum, to accept Option 2, a 5-year replacement plan. The motion carried 5-0. REPORTS: Council Member Morrison discussed participation in the City's Backpack Jamboree, Children's Hunger Project event, commented on the heavy rain event and thanked Staff. Council Member Raymond discussed the Mayors' Fitness Challenge win for the City, Space Coast League of City virtual meetings, status and recommendations and Florida League of Cities meeting and status, including new President Tony Ortiz, theme is "Make Florida Cities Strong." Council Member Kellum discussed a desire to change the City Code of Ordinances, Chapter 110- 470, specifically pertaining to concrete walls, submitted photos of bare walls versus green/living walls to show the aesthetic concerns and possible improvements. Discussion ensued. A consensus was reached by the Council for Staff to research the initiative and bring back to Council for discussion. Council Member Kellum discussed participation in the City's Backpack Jamboree and Children's Hunger Project event, attended the virtual Business and Economic Development Board Meeting and expressed sadness over the closure of some restaurants due to the pandemic. Mayor Pro Tem Brown discussed participation in the City's Backpack Jamboree, the success of the Little League Baseball Program has increased participation three -fold and while social distancing and mask guidelines were followed, the heavy rain event, the Mayors Fitness Challenge and City of Cape Canaveral, Florida City Council Meeting — Regular Virtual August 18, 2020 Page 4 of 4 thanked Staff for their efforts in the event and for all of work being done by all of the City Staff during these tough times. Mayor Hoog discussed the success of the City's Backpack Jamboree, thanked all of Staff and stated he was looking forward to the City receiving a $250,000 Inland Waterway Grant. City Manager Morley expressed thanks to the Council, Staff, Brevard County Sheriff's Office and Canaveral Fire Rescue efforts. ADJOURNMENT: There being no further business, the Meeting was adjourned at 7:55 P.M. • rf• 'o.' i' •m,=- Bob Hoog, Mayor Mia Goforth,lCitjiClerrfc.�� c:z From: joe abreu [mailto:abreus2001@gmail.com] Sent: Tuesday, August 18, 2020 12:19 AM To: Mia Goforth <M.Goforth@cityofcapecanaveral.org> Subject: statement for public participation I have requested numerous times that the Long Point Rd. retention pond be repaired to function as designed. Each time of the request, the area was mowed and or brush weeded. This does nothing for the drainage issue. The area worked for the most part as designed until 2017 when work was started for the estuary. The temporary barricades, that have been there for 3 years, are constantly knocked over. Maybe the city should fill this area in and extend the road into the future estuary area. This would solve the drainage and access issues. PROPER PLANNING PAYS more than Poor Planning. Joe Abreu Long Point Rd. Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing x Applicant's Exhibit 6E CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday July 20, 2021 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:10 P.M. Council Member Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Council Member Council Member Mayor Pro Tem Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager Assistant City Attorney City Clerk Administrative/Financial Services Director Community and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director Capital Projects Deputy Director Deputy City Clerk Executive Assistant to City Manager/Office Manager Dep. Community & Economic Dev. Dir./Sustain. Mgr. Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief PRESENTATIONS/INTERVIEWS: Todd Morley Anthony Garganese Mia Goforth John DeLeo David Dickey Molly Thomas Gustavo Vergara James Moore Tim Carlisle Daniel LeFever Lisa Day Zachary Eichholz Andrew Walters Brett Lockhart Dave Sargeant Christopher Quinn City of Cape Canaveral Certificate of Appreciation to Eagle Scout Darian Bramblett for completion of a dune planting project: Mayor Hoog presented the Certificate to Mr. Bramblett. Mr. Bramblett thanked Council, discussed planting sea elders and donating excess funds to the City for future projects. Presentation of Proclamation, honoring the Cape Canaveral Volunteer Fire Department a/k/a Canaveral Fire Rescue (CFR), for services provided during the 2021 COVID-19 Pandemic Vaccination Distribution to the Community: Mayor Hoog presented the proclamation to Chief Sargeant and Deputy Chief Quinn. Deputy Chief Quinn thanked City Council, City Manager Morley City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 2 of 5 and Staff. Chief Sergeant discussed the tremendous work and group efforts between Canaveral Fire Rescue and City Staff for a successful outcome. PUBLIC PARTICIPATION: David Mulberry, Property Registration Champions, LLC, stated he would answer questions related to Agenda Item 3. CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion. Council Member Morrison removed Items 2, 3 and 4. 1. Approve Minutes for June 15, 2021 Regular City Council Meeting. 2. Resolution No. 2021-08; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2021/2022 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. 3. Review and approve Agreement between the City of Cape Canaveral and Property Registration Champions, LLC for the provision of Vacation Rental Program services and authorize the City Manager to execute same. 4. Resolution No. 2021-09; amending Appendix B, Schedule of Fees, of the City Code to include Registration and Inspection Fees related to Vacation Rentals under Section 110-486 of the City Code; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 5. Approve Proposal from Tetra Tech in the amount of $57,500 to complete a Deep Injection Well Conceptual Study. 6. Award Bid for rehabilitation of Lift Station No. 8 to L7 Construction, Inc., in the amount of $286,170 and authorize City Manager to execute Construction Agreement for same. 7. Join the Florida Race to Zero Initiative to better promote the City of Cape Canaveral's Sustainability and Resilience Efforts. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Consent Agenda Item Nos. 1, 5, 6 and 7. The motion carried 5-0. 2. Discussion ensued and included a request for Council to consider decreasing the Tentative Proposed Millage rate to 3.25, increase in property values, revenue concerns related to the Pandemic, keeping the rate at 3.5755 mills, consequences of a millage rate decrease, small business concerns, Cherie Down Park and stormwater projects, cutting costs in the Proposed Budget, Promenade Project estimated loan cost versus unknown cost of the property reflected in the Proposed Budget, flooding issues in the City and Oak Lane not discussed as priorities at Strategic Planning Retreat and the City's historical trend of going below rollback. City Manager Morley pointed to the potentially unknown significant expenses, related to Center Street Basin Stormwater and Oak Lane, are not found in the current Proposed Budget but are now being discussed; that lowering the millage would be counterintuitive to those initiatives which, should Council decide to reduce taxes and the City receives American Rescue Act funding, this would open the City to potential scrutiny of a violation related to the American Rescue Act funding restrictions. City Manager Morley stated Council will be setting a Tentative Proposed Millage Rate that can go down from here at future meetings. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-08. The motion carried 4-1, with Council Member Morrison voting against. City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 3 of 5 3. Discussion ensued and included the intent of the Agreement, the minimum seven (7) consecutive day minimum restriction and enforcement challenges. City Manager Morley explained the company will enforce the terms Council decides to include in the Agreement which may be amended, if needed. Discussion continued regarding the Agreement Scope of Services, the measure assists Staff, the ability for residents to report violations via hotline, the effects of short- term rentals on affordable and low-income housing, homeownership is an American dream, property owner and residents rights, the number of owner -occupied, homesteaded taxable properties in the City and State preemptions. David Mulberry, President/CIO, Property Registration Champions, LLC (PRC) dba ProChamps, discussed how the company monitors short- term rental sites on a regular basis, at random times, provides screen shots, most sites show stays being offered less than seven days in the City, booking data and pulling calendar data in advertisements. City Attorney Garganese explained PRC will assist the City in capturing automated data it does not have today, providing much more information than Staff would be able to gather alone and, if necessary, Council can reconsider if the service does not work. Rhonda Breininger, business owner, expressed concerns over monitoring and whether such measures are needed for Cape Canaveral's size. A motion was made by Council Member Morrison, seconded by Council Member Brown, to approve Consent Agenda Item 3. The motion carried 5-0. 4. Discussion ensued and included a proposal to reduce fees by fifty percent, charging the same for homesteaded and non -homesteaded properties, ProChamps' $100 flat fee, proposed fees cover legal costs, Code Enforcement Staff time to synthesize collected data and places costs on the users, lowering taxes, proposed fees not excessive compared to per night stays and fee rates compared to other cities and counties. A motion was made by Council Member Morrison to reduce the fees by fifty percent across the board and change the non -Homesteaded and Homesteaded to one fee. The motion died for lack of a second. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Brown, to adopt Resolution No. 2021-09, as written. The motion carried 4-1, with Council Member Morrison voting against. PUBLIC HEARINGS: 8. Ordinance No. 29-2021; amending section 46-26 of the City Code, transferring the duties of the City of Cape Canaveral Library Board to City Council of the City of Cape Canaveral; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included the history of the Cape Canaveral Library, City Library Board, Friends of the Library non-profit organization, the Agreement between the City and the Brevard County Library System, the last Library Board Meeting in 2020, reasons for the measure, Council Member recommendation to refrain from Friends of the Library membership, conflicts of interest, the Sunshine Law, low Board Membership, repealed statutory requirement for a local Library Board, support from both Library Director Lisa Olzewski and Friends of the Library President Evelin Reid. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to approve Ordinance No. 29-2021, at first reading. The motion carried 5-0. 9. Ordinance No. 32-2021; amending Sections 2-260 and 2-262 of the City Code related to the application procedure for code enforcement lien satisfactions and releases including authorizing the Special Magistrate to make recommendations to the City Council regarding City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 4 of 5 such applications and providing the City Manager the authority to grant de minimus reductions for certain small liens; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included the application procedure, reason for the measure, granting de-minimus reductions, rarity of small lien reduction requests, adoption of amnesty provisions and encumbrance of properties, the action does not allow the City Manager to waive liens, pros and cons of the measure. City Attorney Garganese advised Council could take out the City Manager authority to grant de minimus reductions, allowing the Special Magistrate to make recommendations. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Council Member Kellum to approve Ordinance No. 32-2021, as written, striking the de minimus provision referenced. The motion carried 5-0. Mayor Hoog recessed the meeting at 8:11 p.m. The meeting was reconvened at 8:21 p.m. ITEMS FOR ACTION: 10. Consider Application for Reduction of a $26,883.00 Code Enforcement Lien, Case No. 16-101. Homedingo, LLC - Applicant (116/118 Tyler Avenue): Community and Economic Development Director Dickey discussed the Item Summary timeline and application of criteria including history of the property's ownership, condition, Code violations, compliance and improvement requirements for lien reduction requests. Michael E. Mummert, Applicant and owner Homedingo, LLC, stated he placed the property in a land trust holding of Homedingo, LLC. Discussion ensued and included dealing with squatters which included calls to law enforcement, challenges due to the Pandemic, property improvements, Mr. Mummert's undisclosed recent sale of both units in the amount of $450,000, law enforcement costs and the process by which the property was sold twice without Satisfaction of Lien. City Manager Morley stated the Council is not hearing evidence or testimony from the new Owner. City Attorney Garganese advised the escrow funds are held by the Title Company. Discussion continued regarding the decision before Council and what amount to grant if any. A motion was made by Mayor Pro Tem Raymond, seconded by Council Member Morrison, to reduce the Lien of $26,883 by $7500, requiring Homedingo, LLC to pay $19,383. The motion carried 5-0. City Attorney Garganese advised the City Code requires payment be made within 30 days or the Lien becomes reinstated. Mr. Mummert agreed to provide Staff with the contact information for the Title Company to transmit an estoppel letter for payment. 11. Rescind Council direction to Staff to draft an ordinance changing alcohol sales hours in the City, as discussed at the June 15, 2021 Regular City Council Meeting. (Submitted by Council Member Kellum): Council Member Kellum lead discussion of the Item. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Raymond, rescinding Council direction for Staff to draft an ordinance changing alcohol sale hours in the City, discussed at the June 15, 2021, Regular City Council Meeting. Discussion ensued and included pros and cons related to extending alcohol sales hours, research and data requested from Staff. Commander Walters discussed an increase in DUIs April 1 to June 21 with concerns that trend will continue. Discussion ensued regarding a desire to see the data on DUIs, desire for law enforcement officers to speak at a City Council meeting and a request for Staff to provide research and data gathered so far. Peter Comelchook, business owner, discussed concerns related to declining business sales, Sheriff Ivey's support for and Brevard County Commissioners decision to "---'44..4...... City of Cape Canaveral, Florida City Council Regular Meeting • July 20, 2021 Minutes • Page 5 of 5 allow 24-hour alcohol sales within the unincorporated, County jurisdiction. Discussion ensued and included compromising with extended hours on the weekends only. Rocky Randels, Mayor Emeritus, commended Council Member Kellum and discussed support for rescinding Council's previous direction. Elise Comelchook, business owner, discussed support of extending alcohol sales on the weekends only. City Attorney Garganese advised Council how to proceed with the motion on the floor. The motion carried 4-1, with Council Member Morrison voting against. ITEM FOR DISCUSSION: 12. Discuss and provide Staff direction on the use of feather flags and snipe signs: City Manager Morley explained the Item. Discussion ensued and included removing prohibitions, accounting for the number of flags per business and multiple signs at properties with more than one business, flags and signs must be removed at night or be fined and enforcement of the Code prior to the extension. City Attorney Garganese explained, under City Code, feather flags and snipe signs are currently prohibited. However, during the COVID-19 pandemic, Council approved businesses to temporarily install feather flags and snipe signs, for which the 30-day grace period is now expired. Discussion continued regarding whether to leave the Code as is or provide some other direction to amend the Code, the amount of time to prepare a new ordinance, extending the grace -period for another ninety days or more, setting policy around the type, material, setback and requirement for Planning and Zoning Board review. City Manager Morley suggested each Council Member consider the community aesthetic and find out what the citizens desire within standards. Discussion continued regarding support and opposition to the matter, Staff confirmation to ensure businesses abide the rules, proposal to bring a draft ordinance back to the February 2022 City Council Meeting, limiting the number of flags and Staff time to enforce rules. City Attorney Garganese recommended authorizing a resolution temporarily suspending the City Code prohibition of feather flags, subject to the same conditions in the prior emergency Resolution adopted by Council, directing the Planning and Zoning Board to consider whether to change the Code to permanently allow feather flags, providing a recommendation to the City Council within 120 days and allowing the 30-day grace period for snipe signs to expire. City Attorney Garganese explained the measure provides a structure and standard for Code Enforcement. City Manager Morley clarified snipe signs would be prohibited starting the next day. A motion was made by Council Member Morrison, seconded by Council Member Brown, authorizing a resolution to temporarily suspend prohibiting feather flags, subject to the regulations adopted in Resolution No. 2021-07 and related to Emergency Orders, directing the Planning and Zoning Board to consider authorizing feather flags, providing a recommendation to the City Council within 120 days, with no allowance for snipe signs. The motion carried 5-0. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 9:59 P.M. • if• 1. A Y -5-f_t- . Mia Goforth, Ciiy;C(erl Bob Hoog, Mayor Applicant's Exhibit 6F CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES February 23, 2017 A Regular Meeting of the Code Enforcement Board was held on February 23, 2017, at Cape Canaveral Public Library Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:01 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter P. Godfrey, Jr James Hale Charles Hartley Paula Collins MEMBERS ABSENT Christopher Cloney OTHERS PRESENT Jennifer Nix Brian Palmer Chris Robinson Patsy Huffman Ginger Wright Chairperson Vice Chairperson Assistant City Attorney Code Enforcement Officer Code Enforcement Officer Senior Secretary Board Secretary Board members established the next meeting would be on April 20, 2017. Assistant City Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes — January 19, 2017. 2. Code Enforcement Officer Brian Palmer introduce new Code Enforcement Officer Chris Robinson. COMPLIANCE HEARINGS; 1. Case No. 2015-73 — Violation of Section 34-96, (a) (b) (d) Standards established; Section 34- 98, (4) (6) Building appearance and maintenance; Section 34-122, Public nuisances prohibited; of the City Code of Ordinances; and Section 303.7 Roofs and drainage; of the International Property Maintenance Code, as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances. (305 Surf Drive) — Gerhardt Schmitz, Property Owner. Code Enforcement Board Meeting Minutes February 23, 2017 Code Enforcement Officer Brian Palmer provided an overview of the Case history. Based on evidence testimony presented, Staff respectfully requests the Respondent be found in violation, as set forth in the revised Notice of Violation and a fine be immediately imposed in the amount of $100.00 for the first day and $50.00 every day thereafter; until compliance is confirmed by the Code Enforcement Officer and all costs associated with enforcement of the violation be imposed. Motion by Mr. Hartley, seconded by Mr. Godfrey, to accept Staff's recommendation. Vote on the motion carried unanimously. APPLICATIONS FOR SATISFACTION, RELEASE OR REDUCTION OF CODE ENFORCEMENT LIENS fSec. 2-260, City Code). 1. Case No.2014-42 —Application for Satisfaction or Reduction of Code Enforcement Lien, (226 Polk Ave)-Nationstar Mortgage LLC, Property Owner ( Heidi Moilel represents the bank). Code Enforcement Officer Brian Palmer provided an overview of the Case history. The Lien is currently listed at $70,000. The respondent is requesting it to be reduced to a $1.00. Based on evidence presented, Staff respectfully requests the City be reimbursed for Staff time in the amount of $2047.00. Motion was made to recommend the lien be reduced to $5,000.00. Motion by Mr. Hartley, seconded by Ms. Russell to reduce the Lien to $5,000. Vote on the motion carried unanimously. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 6:39 p.m. Approved on this day of C.0 j2/Lc r , 2017. oard Secreta Code Enforcement Board Meeting Minutes February 23, 2017 Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. Applicant's Exhibit 6G CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES February 22, 2018 A Regular Meeting of the Code Enforcement Board was held on February 22, 2018, at Cape Canaveral City Hall Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:09 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter P. Godfrey, Jr James Hale Charles Hartley Paula Collins Inez Stone Christopher Cloney MEMBERS ABSENT Chairperson Vice Chairperson OTHERS PRESENT Jennifer Nix Assistant City Attorney Brian Palmer Code Enforcement Officer Ginger Wright Board Secretary Board members established the next meeting would be on March 22, 2018. Assistant City Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes — January 18. 2018. Mr. Hartley recommend to amend the minutes in Case No 2017-153 to read carried unanimously. Second by Mr. Cloney. Minutes then approved. Motion by Mr. Godfrey second by Mr. Hale. Vote on the motion carried unanimously. 2. Presentation regarding adoption of the current International Property Maintenance Code. For informational purposes only, Code Enforcement Officer Brian Palmer gave a presentation to the Code Enforcement Board regarding the City's potential adoption of the current International Property Maintenance Code, and explained the general reasoning for adopting and utilizing the most current version of the International Property Maintenance Code. General discussion ensued. Code Enforcement Board Meeting Minutes February 22, 2018 APPLICATIONS FOR SATISFACTION, RELEASE OR REDUCTION OF CODE ENFORCEMENT LIENS (Sec. 2-260, City Code). 1. Case No.2010-124 —Application for Satisfaction or Reduction of Code Enforcement Lien, (215 Pierce Ave Unit A) -Deborah Carroll, Property Owner Code Enforcement Officer Brian Palmer provided an overview of the Case history. The Lien is currently listed at S82,050.00. The respondent is requesting it to be reduced to a $2,000.00. Staff supports this reduction. Motion was made to recommend the lien be reduced to $2,000.00. Motion by Mr. Godfrey, seconded by Mr. Cloney to reduce the Lien to $2,000.00 Vote on the motion carried 6 to 1. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 6:52 p.m. Approved on this a day of 7/1.et/V..4, Mary Ru s11, Chairperson -12 oar Secret right, , 2018. Pursuant to Section 286.0105. F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. Applicant's Exhibit 7A APARTMENT LEASE AGREEMENT This Apartment Lease Agreement ("Leese") made on 01/16/2019 by and between WELLS BOYS AND GIRLS PROPERTY MANAGEMENT,, pL,LC ("WEAG"), who manages for and on behalf of OCEANSIDE PALMS , LLC etanndtcrd") and George Morrie and jointly and sever5'Y,cResident") 1 PREMISES. Landlord, for and in consideration of the rents to be paid and the covenants, tarns and conditlone tc be performed and °hserved by Resident, set forth in this Lease and all agreements executed simultaneously herewith, does hereby rent and lease to Resident the following Rental Unit. APARTMENT NUMBER A►10, 321 Johnson Avenue, Cape Canaveral, FL, 32920 in OCEANSIDE PALMS , LLC ( "Apartment Community"), together with the appliances contained therein ("Prernises`) 2. TERM: This Lease shall begin an 1 t512019 and end on 1/31/2019 ("Term"). Resident shall be bound by the covenants, tarn and conditions of this Lease as d the data Resident moves in. In the event occupancy is delayed beyond the beginning aril the Term, Landlord shall not be liable to Resident for such delay, and this Lease shall tenon in ford and effect subject only to the following; (a) The rent shall be abated on a daily prorated basis dunng the delay and (b) In the event occupancy is delayed SEVEN (7) DAYS, Resident may terminate this Lease by (prig written notice to Landlord, whereupon Resident ahall be entitled to a full refund of Resident% security deposit and any prepaid rent Provisions (a) end (a) shall not apply if the cleaning and repairs de not prevent Resident's occupancy of the Premises 3. RENT: Resident agrees to pay rent to Landlord on the total amount of $1:0,352,17 for the Term of this Lease. s. Resident shall .pay rent in advance. without offset or demand in equal monthly installments of S 895.OQ on or before the FIRST (let) DAY of each month of the Term. Prorated Rent Resident shall pay rent from 111512019 unto 1/31(2019 in the amount of $ 60717 . g, Late .Fees- if rent is not paid by the FIFTH (5th) DAY of the month, Resident shall pay a late fee equal to $80.50 'TEN (10%") PERCENT of the monthly rent due Late fees snail be additional rent. d Dishgnored Checks If Resident's check fads to clear for any reason, an addelonal service charge of $35 00 will be essessei n addition to the tate charge Senior Citizen Discount: Resident is 65 years of age and will receive a monthly descant of $ 10.00 ) . L Cable Charge, Resident agrees to pay Landlord $ 0 00 each month as additional rent g_ ilyis(iyig Machine Resident shall not install a clothes washer in the Premises without ,mitten permieaton from Landlord If Resident Installs a clothes washer un the Premises Resident shall pay 0.06 each month ea additional rent h pet Rent. ._.1 Resident shall not maintain pets on the Prernises.0 _ Resident agrees to pay te,e3 each month es additional rent for maintaining a pet in the Premises Water charmer Resident agrees tc pay Landlord $ Oar, each month as additional rent. Morith-te-Month. Unless Resident renews this Lease before the end of the Term, this Lease shall automatica9yy become m "month -to -month" lease As a "month to month" lease, Resident shall pay an inoreesed monthly rent in the amount of See S95.O0 Rent shall be payable at the on -site Leestng,'Bubt ness Office, or at such Dace as Landlord may from time to time designate in wntine. Resident agrees to make all payments by check, money order or cashier's check Landlord will not accept cash under ary circumstances. tf Resident gives Landlord a check that is returned for nonpayment during the Term of the Leaser, future rent payme iva may, in Landlord's sole discretion, be gable by cashier's check or money order only Notwithstanding anything contained herein to the contrary, there is no grac:s period for the trmet,1 payment of rent and Landlord ahall have no obligation to accept rent after the 5th day of the month. A rent payment received by the Landlord etter the 5th day of the month is a Default under the terms of this Lease, in which event the Landlord shall be allowed to exercise and pursue all equitable and legal remedies ararla ble to Landlord. Monies paid by the Tenant t the Landlord shall be applied to the Tenant's eckxxait in the following order (1) To outstanding rent, late fees and dishoxnorad checks, (2) To outstanding attorney fees and/or court cost legally chargeable to Tenant, (3) To any oitstsnding utility bills, (4) To damages to the Premises cr Apartment Community; (6) To other outstanding rent, beginning with the most delinquent 4 'NON-REFUNDABLE PET FEE; __J . Resident shall not maintain pets in the Premises „� In addition to the rent and Security Deposit provided for herein, Resident agrees to pay a one time pet fee of $ 350-00 for each 0f any kind that is allowed in the Prorrnses. (Please refer.tt Rules and Regulstiuns) This fee shall be payable immediately upon aagnnine the Lease if Resident desires to bnng a pet Into the Premises at any time alter the beginning of the Term of this Lease, Resent is required to get permission from the Landlord If the Landlord approves of the pet Resident sal pay the Non -Refundable Pet Fee prior to bringing the pet Into the Premises Landlord agrees to permit the following pet(s) on the Premises' 5 SECURITY DEPOSIT: Upon signing this lease, Resident shall pay Landlord the sum of EIGH1 HUNDRED NINETY FIVE AND 001100 f$a9E00) Dollars as a Security Deposit and $0,00 as Last month's rent for the full and faithful perfaenaance of all the cceenatts, terms and conditions of this Lease. Under no circumstances shall the Security wit be construed as rent and Resident shall not apply the Security Deposit or any part thereof to the last month's rent. Resident shall net be entitled to any interest on the Security Deposit unless specifically provided fir under applicable law Where allowed by law Resident euthonzes Landlord to place their Security Deposit in an interest bearing account with antaest accruing solely to the Landlord Resident agrees to give Laidtard THIRTY (30) DAYS advance written notice of vacatingthe Premises. Failure to no so shaft to the fullest extent allowed by law, constitute the forfeiture 1 the Secunty Deposit Landlord may retear, tie Security Diapered for any amount owed to Landlord by Resident at the end of the Term or upon an event of default under this Lease In .addition, deductions from the Security Deposit shall be made for Bray damages to the Premises, normsi Initial 4 APARTMENT LEASE AGREEMENT wear and tear excepted, Including but not limited to, excessive carpet over, stains on the carpet scratches, burns, stnns, holes or marks on the walls, arm damage to the apphiannces The Security Deposit MI be returned to Reeldent only upon the occurrence of the following conditions: (a) pay al rent due (b) levee the Premises in clean condition pursuant to the terms hereof, (o) provide the proper no ice to vacate as provided herein, (d) return of ail keys to the Landlord; (e) remove at of Resident's personalproperty, and (f) furnish a good forwarding address to the Landlord. tf all the conditions (a) - tf) have been fully complied with by Resident, Landlord wit provide Resident with an itemized accounting et any charges, damages or other sums owed by Resident within THIRTY (30) DAYS after the termination of the Lease If the Premises is rented to more then one Resident, Landlord may send the refunded Security Deposit to any Resident identified herein and Landlord shall not be liable for the daimon of the refund between the Residents S. UTILITIES: Landlord agrees, at Landlord's expense, to furnish the following utility SIETVIGeb designated baiow Sewer Yes Garbage Yes Waterer Electric Cable No Gas No Each utility service not provided by the Landlord (r e , checked "N" above) shall be provided to the Premises at Resident's expense directly from the utility provider Resident agrees to pay all utility changes and utility deposits assessed by the utility companies provided to the Premises and billed to Resident during the Term of this Lease and any extension thereof If Resident fails to pay all utility charges assessed by these utility companies for which Resident has agreed to pay and if Landlord is assessed for these utility services, then, to the extent permitted by law, Landlord may pay these utility assessments and subtract a like amount from Resident's Security Deposit. Resident shall place the appropriate utilities in Resident's name on or before the move•in data. In the event Resident fails to place the apprnpnate utilities in Resident's name, Landlord shalt assess a pro rata utility charge as additional rent for the penod from move-rn until such time as utilities are placed in Resident's name, together with a .FIFTY ($50.00) DOLLAR service charge Utilities shaft be for ordinary household purposes only Landlord shall not ba liable for the interruption or failure of utility services paid for by Landlord or any damages caused thereby Landlord shall use reasonable diligence in its efforts to restore such serwees within de control If electricity is Interrupted uae battery operated lighting only Landlord may modify which utilities are furnished to the Premises anc/or billed to the Resident dunng the Term of this Lease, including, but not limited to, sub-metenng of the Premises for certain utility services or billing Resident for utilities previously included with the rent In the event Landlord chooses to modify utility service to the Premises, Landlord will give Resident not less than SIXTY (60) DAYS pnor written notice of such modification Cable TV charges may be changed by the cable operator dunng the Term of this Lease 7 ACCEPTANCE AND CARE OF THE PREMISES: Resident has examined and accepted the Premises in its "AS 1S" condition and agrees to take good care of the Piernises. A move-in/move-out inspection form has been provided to Resident Resident shall note any defects or damages on the form and return it to Landlord within SEVENTY-TWO (72) HOURS of moving In. Defects and damages not reported to Landlord within this tirneframa shall be presumed to have occurred after Residents acceptance or during Resident's occupancy of the Premises. Resident shall use all reasonable .diligence in the care cf the Premises and shall maintain the Premises in a safe and sanitary condition. Resident may not make any alterations, additions, repairs or improvements ('Alterations") to the Premises without the express written consent of Landlord. If approved, any Alterations shall be at Resident's sole cost and expanse. AU Alterations shall become to property of Landlord and shall be surrendered with the Premises at the expiration or termination of this Lease. In Landlord's sole discretion, Landlord may request that Resident remove the Alterations and restore the Premises to its original condition at Residents sole expense, normal wear and tear accepted No holes shall be drilled into the walls, woodwork or floors, The installation of an antenna, a direct satellite dish, additional telephone or cable Tines and outlets, additional electrical wires, an alarm system, and hanging the locks or installing additional looks are not permitted except by Landlord's pncr wntten consent, .Resident accepts existing locks as safe and operational. In the event Resident changes or adds locks or security devices. keys and access shall be furnished to Landlord_ Resident shall not remove Landlord's fixtures, appliances, furniture. and/or furnishings from the Premises for any purposes RESIDENT VOLUNTARILY WAIVES LANDLORD'S OBLIGATIONS AS SET FORTH IN SECTION 83.51(2)(a)(1.5). FLORIDA STATUTES. RESIDENT ACKNOWLEDGE. AND UNDERSTANDS THAT RESIDENT SHALL BE SOLELY RESPONSIBLE FOR THE TREATMENT, EXTERMINATION AND REMOVAL OF BED BUGS. IN THE EVENT. RESIDENT MUST VACATE THE PREMISES IN ORDER TO TREAT THE PREMISES FOR BED BUGS, RESIDENT SHALL REMAIN RESPONSIBLE FOR ALL RENT AS SAME COMES DUE D ALL COSTS ASSOCIATED WITH TREATMENT AND RESIDENT'S VACATION OF THE PREMISES. lnitiats Inttisis 8. FAILUR TO OCCUPY: If Resident false. to occupy the Premises in accordance with this Lease, an amount equal to one month's rent plus damages and lost rent will be due and payable to Landlord as liquidated damages (or automatically forfeited if allowed under applicable Taw.) 9. USE AND OCCUPANCY OF PREMISES. The Premises shall only be used by Resident as a private residence Additional oocuuants are stnctty Prohibited. In order to change roommates, Resident must receive prior written consent of Landlord, end follow all existing application procedures Persons not listed below may not ecvunv the Premises for more than three (3) consecutive days within in env six (6) month Period The Premises shall be occupied by George Morriss initials t APARTMENT LEASE AGREEMENT i0 NO WARRANTY OF HABITABILITY: Landlord makes no representation or promises with respect to the Premises or Apartment Community, except as expressly set forth herein Landlord hereby disclaims any Warranty of Habitability coveting the Premises and Resident hereby knowingly, votuntarly and for adequate consideration waives any such Warranty of Habitabibty, it being expressly agreed and understood that Resident than inspected the Premises and accepts it In :ts "AS IS present condition as habitable, fit for Irving and suitable for Resident's residential purposes. Resident further expressly agrees that, to the fullest extent allowed by law, Landlord shall have no duty or obligation whatsoever, unless otherwise expressed herein, to make any subsequent repairs to the Premises, or any part thereof, during the Term of this Leese that effect or may affect the habitability of the Premises or the physical health or safety of the Resident, whether or not the Premises later becomes in a state of disrepair by reason of ordinary wear and tear or otherwise Resident expressly acknowledges and understands that the rent negotiated by the parties hereto takes into account the fact that the Premises is being rented in its "AS IS" present condition. 11 MOVE -OUT NOTICE: in all instances under the ccvenants, terms and conditions of this Lease, Resident must give landlord THIRTY (30) DAYS advance written notice of Resident's intention to move out of the Premises. Notwithstanding anything contained in this Lease to the contrary, Resident's move -out notice will not terminate this Lease sooner then the end of the Lease Term or renewal period except as specifically set forth under Paragraph # 26 hereof. A verbal rrrove-out notice shall not be sufficient and will not be accepted by Landlord. Landlord's written form should be used. if Resident falls to give THIRTY (30) DAYS written notice or if Resident moves out without rent being paid in full for the entire Lease Term or applicable• renewal period, Resident shall be in Default of this Lease and liable for all costs of caring the Default es set forth in this Lease. 12 HOLDOVER/FAiLURE TO VACATE AFTER NOTICE: if Resident fads to give THIRTY (30) DAYS advance written notice for vacating the Premises as provided in Paragraph 11 above or fails to completely vacate the Premises prior to the expiration of the notice, Resident shall be. (a) liable for TWO (2) TIMES the daily prorated rent and all other damages provided for under this Lease or (b) Landlord may consider Resident to have automatically renewed this Lease on a month to -month basis which shall Include an additional $50.00 per month fee, 13 RULES AND REGULATIONS: Resident, Resident's family, guests and invitees shall comply with all rules and regulations now ar hereafter made by Landlord for the Premises and/or Apartment .Community, without iirnitatfon The punted rules and regulations are attached hereto and incorporated into this Lease for all purposes Resident agrees to obey all laws and ordinances applicable to the Premises and Apartment Community Resident shall not engage in any activities in or on the Premises or Apartment Community of an illegal nature, purpose or intent. Resident further agrees that Residents family, invitee's or guests shall never be disorderly, boisterous or unlawful and shall not disturb the rights, comforts and conveniences of .other Residents of the Apartment Community Resident, Resident's family invitees and guests may not bring dangerous or hazardous materials into the Premises (including but without limitation guns, knives- and fireworks or unauthorized chemicals). Failure to. keep and observe said rules shall constitute a material breach of this Lease, in the same manner as if said rules were contained herein. Resident, Resident's family, invitees and guests shall comply with ell federal, state, municipal and all other taws and ordinances: and shall not commit any act which is a nuisance or annoyance to the Apartment Community or surrounding neighborhood 14 DEFAULT: Resident hereby expressly agrees that a default under this Lease shall be deemed to have occurred if (a) Resident fads to pay rent for FIVE (5) DAYS after that rent is due, (b) Resident fails to faithfully perform any of the covenants, terns or conditions of this Lease, (c) Resident makes any misleading, incorrect ar untrue statements in Resident's Application for Apartment Lease; (d) the Premises becomes vacant, deserted or abandoned (defined as Resident's absence from the Premises for a period of time, defined by law, while any portion of any rental payment is delinquent), (e) Resident voluntarily or involuntarily takes advantage of any debtor relief proceedings under any present or future law, whereby the rental or any part thereof, is or proposes to be, reduced or payment thereof deferred, (f) Resident, Resident's family, ►nvitees or guests engage in any conduot or activity deemed objectionable or improper In the opinion of the Landlord; or, (g) Resident otherwise violates or acts in contravention to the covenants, terms and conditions of this Lease Upon default by the Resident, the Landlord, in addition to all other remedies given to Landlord in Law or Equity, may by THREE (3) DAYS prior written notice to Resident, terminate Resides tenancy without terminating this Lease, reenter the Premises by summary or other court proceedings, or forcible entry/detainer to the fullest extent permitted by law, and obtain a wit of possession thereby, or otherwise dispossess the Resident. In addition, Landlord may accelerate and declare the entire unpaid rent for the. Term of this Lease to be immediately due and payable. If Landlord elects to terminate the Resident's right to possession only, without terminating the Lease as above provided, or if this Lease is terminated for any reason whatsoever, the Landlord may remove all of Resident's personal property from the Premises and such removal shall not release Resident from Resident's obligation to pay rent herein reserved, as well as all reasonable costs and expenses necessary for the removal of Resident's personal property. The Landlord may make repairs, alterations and additions in and to the Premises and redecorate the same to the fullest extent deemed by the Landlord necessary or desirable Upon demand in writing, Resident shall pay the cost thereof and Landlord's expenses of reletting the Premise, including comniiesions. Such payment shall be applied first to the expenses incurred by Landlord in entering and relating the Premises and then to the rent due under this Lease. Resident shall remain liable for any deficiency in the total amount due under said Lease. If the rent collected by the Landlord upon any such retaking are not sufficient to pay monthly, the full amount of the rent reserved herein, together with the costs of such repairs, replacements alterations, additions, redeooraiing, advertisements, brokerage fees, and other expenses caused by Resident's breech of any of the terms of this Lease, the Resident shall pay to the Landlord the amount of each monthly deficiency upon demand in writing, and if the rent Initi I /Z..7 APARTMENT LEASE AGREEMENT so collected from any such reletting is more than sufficient to pay the full amount of the rent reserved herein together with such posts and expenses of Landlord, the Landlord at the end of the Term of this Lease shall account for any surplus to the Resident upon demand in writing. Any personal property removed from the Premises by the Landlord is at the nsk and expense of the Resident and the Landlord shall rot be responsible for the preservation or safekeeping. thereof The Landlord shall have a hen against said property for any and all expenses incur-ed by su i removal including all storage charges against such property and any other charges due Landlord from Resident under the covenants, terms and conditions of this Lease and such charges shall be payatie on demand. in addition to all other remedies provided herein, Resident agrees to compensate Landlord for all reasonable expenses necasaary to enforce this Leese and to collect the rents or damages for breach of this Lease, including but not limited to, all court costs and reasonable attorney's fees incurred in connection therewith If Resident vacates or is evicted from the apartment pnor to the expiration of the onginai Term or any renewal terms which include any portion of the remaining Tern of this Lease or any renewal Term thereof, then Tenant shall pay the sum of two hundrea dollars ($200.00) as a re -leasing fee for Landlord's expenses in obtaming a new Tenant to lease the apartment The re -leasing tee and the Tenant's liability therefore is in addition to and not to lieu of, all rent and other damages for which Tenant may be liable under this Lease 15 CONTINUING OBLIGATION: No elector by Landlord to tt rminete this Lease or Tenant's right of the possession of the Premises relieves Resident of Resident's liability for rent and all other obligations under this Lease, which will survive and remain in full force and effect throughout Resident's tenancy regardless of whether such tenancy is month -to month, at sufferance or of any other type of tenancy recognized by law. Said legal eviction shall not relieve Lessee of the anligatlon of paying the balance of the rent due under the Lease Resident's obligation to pay the balance of rent stated in this Lease shall only be relieved by either the continuing payment of the monthly rent until the end of the Lease or until Landlord mitigates said rent obligation by releasing the Premises In the event .of any breach of this Lease or any of its terms by Resident, the Landlord, at his option, may terminate the Lease and/or resume possession of the Premises and hold Tenant liable for any and all future accruing rents 18 CONTRACTUAL LIEN: Resident does, by the execution of this Lease, grant to Landlord an express contract lien and security interest in and upon all fixtures, goods and personal property of the Resident now or hereafter placed. in or upon the Premises in order to secure the prompt payment of rent herein provided. and for the full compliance by the Resident of all agreements and covenants hereunder The contract lien shall be in addition to such statutory liens as Landlord may have under and by virtue of the taws, presently existing or as may be amended; of the State of Florida. in order to exercise contractual or statutory lien. ngtits when Resident is in defeutt hereunder, Landlord, to the fullest extent allowed under applicable law, may .peacefully enter the Premises and remove and store all property therein, except property exempt by statute provided, however, Resident must be present or written notice of entry must be left afterward 17 ABANDONED ARTICLES: Subject to applicable taw, all articles left in or upon the Premises by the Resident at the end of this Lease for any reason, shall be disposed of by the Landioni in a manner as Landlord may see fit and proper. 18 CRIMINAL ACTIVITY: Resident, Resident's family and any guest or other person under Resident's control or supervision, shall not engage in any criminal activity, including without limitation Drug -Related Criminal activity, on or near the Premises or Apartment Community "Drug -Related Criminal Activity" means the illegal manufacture, sale, distnbution, or use of any controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S C 802) Resident shall not permit the Premises to be used for or to facilitate in any criminal activity, including Drug -Related Criminal Activity on or near the Apartment Community. In addition, Resident shall not engage In acts of violence or threats of vtotence, including but not limited to, the unlawful discharge of firearms; on or near the Apartment Community A single violation of any of these provisions shall be i:onsidersd e serious and substantial violation of. and a material noncompliance with, this Lease It is understood and agreed that a single violation shall be good and sufficient cause for an immediate termination of the Lease by Landlord without opportunlry to mire. Unless otherwise provided by law, proof of violation under this paragraph shell not requite minimal conviction, but shall be by a preponderance of the evidence 19. REPAIRS AND REIMBURSEMENTS BY RESIDENT: Resident agrees to report promptly, in writing, to Landlord when any portion of the Premises is cut of repair, and to promptly reimburse L andlord for any damage to the Premises or furnishings thereof caused by the negligence, misuse, or any other occurrence attributable to Resident, Resident's family, invitees or guests. Any electrical or mechanical equipment in the Premises, mdluding but not limrted to, a dishwasher, garbage disposal, range and oven, refrigerator and freezing units. attic fan, heating and air conditioning equipment, washer and dryer will be delivered to Resident n gonad working order It is expressly understood that Resident will properly operate, service and maintain all such equipment and surrender same in good working order at the end of this Lease. Any service, maintenance or repair for other then worn parts or equipment veil be at the Resident's sofa expense. Exceot for those conditions caused by the necitaence of the Landlord. Resident has the sole °Winstion to oav for the repair of the following ji, i ,pits includ1oa but not limited to (al darnels from wawa water at aces causect be foreign, or improper ojeects in lines theit excltisivele sere Residues dwegln b.) dermas tea . windows or screens and (c) damage from windowa_ or doors being open. Such reimbursement shall be due immediately upon demand by Landlord, Landlord's failure or delay in demanding reimbursements, late -payment charges, returned check charges, or other sums due from Resident, shall not be a waiver thereof, and Landlord may demand same at any time. including at or following move -out. 20 OWNER'S LIABILITY AND INDEMNITY: As additional consideration for Landlord entering into this Lease, and to the fullest extent allowed by law, Landlord she not be liable to Resident,. or Resident's family, invitees, or guests for any damages or losses to person or property caused by other Residents of the Apartment Community or other persons 1 InitiateLa.yt 1 APARTMENT LEASE AGREEMENT Resident agrees to indemnify and hold Landlord harmless from and against any and all claims for damages to property or person arising from Res►dent's use of the Premises. or from any activity, work or thing done, permitted or suffered by Resident in or about the Premises. Landlord shall not be liable for personal injury or damage or loss of Resident's personal property (furniture, jewelry, clothing, electronic devices, etc ) from theft, vandalism, fire, water (frost, ice. steam, rain storms. etc. ), smoke, heat, cold, failing piaster, sewers or sewer gas, odors, noise, leaking or bursting prpes, operations of plumbing, electrical or air conditioning or heating systems, neglect or actions of other Resident's or visitors of the Apartment Community, exp oeions, sonic booms, or any other causes whatsoever ;unless the same is due to the gross negligence of the Landlord. If any of Landlord's employees are requested to render any services such as moving automobiles- handling furniture, cleaning, signing for or deirvenng packages, or any other service not contemplated in this Lease, such employees shall be deemed the agent of Resident regardless of whether payment is arranged for such service and Resident agrees to indemnify and hold Landlord harmless from all loss Buffeted by Resident or other person in any of aforesaid circumstances. Landlord shell have no duty to fu,ntah smoke detectors except as specifically required by applicable law, when smoke detectors are furnished Landlord will test same and provide initial batteries, rf battery operated.., upon Lease commencement, thereafter, Resident shalt replace and pay for smoke detector batteries as needed for their proper and intended use Landlord does not provide any secunty devices or security mechanisms for the purpose of protecting any Residents and such services or mechanisms are provided solely for the protection of the Landlord's property and not for the protection of any Residents. Any benefit Residents receive as a result of such services or mechanisms are only incidental to their Existence. Resident shall de whatever resident deems necessary to protect Resident, as well as Resident's family, guests and invitees, from came, accident or natural catastrophe Resident should contact the local law enforcement agency if Resident is in need of security devices In cases of emergency, Resident should call "911" Resident understands that Landlord may retain personnel or service which is wadable for lockouts, disturbances, fire lane violations, problems with outdoor lighting and slimier problems Resident agrees and understands that any measures Landlord has taken in this regard is neither a police force nor a guaranteed deterrent to cnme. In the event of criminal activity, the police department is to be contacted first by Resident and Resident understands and agrees that Landlord may alter or cancel the patrol service if applicable, or if any, without Resident's knowledge or consent. Further, Resident understands and agrees that Landlord has no obligation or liability for the acts or omissions, whether negligent, intentional or otherwise, of any agent or employee of the patrol company, if applicable, or if any, or any patrol company subsequently retained by Landlord Resident recognizes that Landlord and its legal representatives do not guarantee, warrant or assure Resident's personal secunty and are limited in their liability to provide protection Rest+ understands that the orottcbve steps Landlord hae taken. or may take in the fytuns, are neither a guarantee or warranty that there wilibe no criminal acts or that Resident will pe free from the olent tendencies of third persona Resident hae beer_i informed and understands and agrees that Resident's personal eaten( and security is Resident's personal responsibility 21 DAMAGE OR DESTRUCTION OF PREMISES: In the event of damages to the Premises by fire, water or other hazard, or In the event of malfunction of utilities, Resident shalt immediately notify Landlord. If the damages ere such that occupancy can be continued, Landlord will make such repairs as needed within a reasonable period of time and rent shall not abate during the paned of such repairs If, In Landlord's sole opinion, the Premises are so damaged as to be unlit for occupancy, and Landlord elects to make such repairs, the rent provided in this Lease shall abate during the period of time when the Premises are not ready for occupancy. but in all other respects the terms and provisions of this Lease shall continue it full torte and effect. In the event the Premises are so damaged or destroyed as to be, in the sole opinion of the Landlord, incapable of being satisfactorily repaired, then at the option of the Landlord. (r) this Lease shall terminate and Resident shalt he treble only for rental payments up to the date of such destruction; or (ii) Resident may be offered .a. omparabie replacement apartment unit in the Apartment Community for the remaining Term of this Lease. 22. RENTER'S INSURANCE. Resident understands and agrees that Landlord, its agents, employees and legal representatives are not liable to Resident, Resident's family, guests and invitees from losses of their property due to theft, fire, smoke, ram, flood, water leaks, hail, Ice, snow, lightning, wind and from all other Ibsen not directly resulting from Landlord's gross negligence Resident Is solely responsible for insurance on Resident's personal property for all such casualty losses and Resident should obtain insurance to protect in such events 23. RIGHT OF ENTRY: The Landlord may enter the Promisees: (a) in the case of an emergency; te) to make necessary or agreed repairs, decorations, alterations or improvements, or for preventative maintenance, pest control, inspections of smoke detectors and waterbeds or to supply necessary or agreed services, (c) to show the Premises to prospective or actual purchasers, mortgagees, insurers, potential residents, workmen and contractors, (d) when the Resident has abandoned or surrendered the Premises or to determine if Resident has abandoned the Premises; or (e) pursuant to legal proceedings: Any such entry by Landlord shall be after the Landlord has given Resident reasonable notice of intent to enter, as defined by, and pursuant to, applicable law and where possible, during normal business hours, except In the case of an emergency. In no event shall Tenant unreasonably withhold Resident's consent for Landlord's requested entry. 24. SUBLETTING AND ASSIGNMENT- Subletting, assignment or securing a replacement Resident shall not be allowed under any circumstances without the express prior written approval of Landlord which approval may be withheld for any or for no reason 25. OWNER'S OBLIGATIONS COMMON AREAS: Landlord agrees to maintain all common areas of the Apartment Community, excluding the Premises, in a dean and sanitary condition, to comply with requirements of appticabte state and local building, housing and health codes, and to make all reasonable repairs Notwithstanding the foregoing Landlord shad not be responsible to Resident for renditions created or caused by the wrongful or negligent acts or omissions of Resident, Initials k:.'64-1 APARTMENT LEASE AGREEMENT Resident's family, iinvitees and guests, other third parties or any other Residents. Unless specifically authorized by applicable law, Resident has no nght to abate, withhold, offset or otherwise escrow rent payments at any time for any reason 26. MILITARY CLAUSE: in the event Resident is or becomes a member of the United States Armed Forces on extended active duty and receives "change -of -duty" orders to depart the local area", or is relieved from such duty, Resident may terminate this Lease by giving THIRTY (30) DAYS prior written notice to Landlord when possible, provided Resident Is otherwise not In default As a condition to such early termination, Resident shall furnish Landlord a certified copy of the official orders which warrants termination of this Lease. (Military orders authorizing base housing do not constitute "change -of -duty" orders hereunder) In the event Resident utilizes this Mtlitary Clause to early terminate the Lease, the Security Deposit will be refur+ded provided that all the covenant, terms and conditions set forth in this Lease are properly and fully complied with by the Resident 27. LIENS OR SALES: Landlord of the Apartment Community may encumber the Premises and/or the Apartment Community by mortgage(s) and/or deed(s) of trust and any such present or future mortgage(s) or deed(s) of trust and all renewals, consolidations, mockfiueitions, replacements and/or extensions thereof and all advances made or to be made thereunder so given shalt be a lien on the land end buildings superior to the rights of Resident. Foreclosure of any mortgage or sale of the Apartment Community shall not constitute a constructive eviction of Resident. Resident agrees to attom any mortgagee or purchaser of the Apartment Community as if this Lease was by and between Resident, as Resident, and such mortgagee or purchaser, as Landlord and Resident agrees to execute all agreements reasonably requested by any such Mortgagee or Purchaser to evidence said attomment Resident further agrees not to record this Lease Any sale of the Apartment Community or any part thereof shall not affect this Lease or any of the obligations of Resident hereunder, but upon such sale Landlord shall be released from all obligations hereunder end Resident shall took solely to the new owner of the Apartment Community for the performance of the duties of "Landlord" hereunder and after the date of such sale 28. RESIDENT INFORMATION: If Resident has supplied information to Landiord by means of a rental application or similar document, Resident covenants that all Stith information was given voluntarily and knowingly by Resident and, if any such information proves to be false or misleading, Landlord shall have the right to terminate this Lease, in which event Resident shall immediately .surrender the Premises. 29. SUCCESSORS: The terms and conditions contained in this Lease shall be binding upon and inure to the benefit of Landlord and Resident and their respective heirs, executors, admtntstrator, personal representatives, successors ano assigns (subject to Paragraph 24 above) 30. NOTICES: Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether actuatiy received or not, when deposited in the United States Mait, postage prepaid, certified or registered melt and addressed to Resident at the Premises and to Landlord at the office address of the Apartment Community (or at such address or addresses as Landlord may from time to time designate to Resident). Persona' delivery of any such notice or document by Landlord to Resident at the Premises shell also be effective delivery hereunder 31. GENERAL: No oral agreements have been entered into with respect to this Lease and this Lease cc'ntalns.the entire egreomern between Landlord and Resident This terse shall not be modified in any regard except by a written form provided by Landlord and signed by Resident and Landlord In the event of more than one Resident, each Resident is jointly and severally tiabte for the payment of rent and each provision of this Lease, Each Resident states that he or stie is of legal e' a and has the mental capacity to enter into a binding lease. A Resident's spouse, co -Resident or ocupant that has permanently moved out according to an affidavit by a remaining Resident, is, at Landlord's option, no longer entitled to occupancy or keys All obligat►ons hereunder are to be performed in the county and state where the Apartment Community is located 32. SEVERASILITY: If any clause or provision of this Lease is held to be illegal, invalid or urienforoeabte under present cr future taws during the Term of this Lease, then it is the intention of Resident and Landlord that the remainder of this Lease shell not be affected thereby it is also the 'ntenbon of Resident and Landlord that if a clause or provision is held to be Illegal, invalid or unenforceable, there be added as part of this Leese a clause or provision as similar to terms to such illegal, invalid or unenforceable clause or provision as may be possttate and be held legal, valid and enforceable 33. COUNTERPARTS* This Lease may be executed in counterparts, with at least ONE (1) COPY furnished to Resident. 34 ENVIRONMENTAL MATTERS: As additional consideration for Landlord entering into this Lease, and to the fullest extent allowed by law, Resident, for himself, his hairs, assigns, guests, and all others claiming by, through. or under him, who may hve in, or otherwise use the Premises, hereby (a) expressly assumes and accepts any and all risks related to the. presence in the Apartment Community of arty and all potentially hazardous health substances; (b) waives all claims and causes of action of any kind or nature, at law or in equity, including but not limited to, claims or causes of action arising by statute, ordinance, rule, regulation or similar provision, against the Landlord, its agents, pnncipies, employees., legal representatives, affiliates, assignees, successors in interest, partners, shareholders, officers and directors (herein collectively called the "L andtord Affiliates") with respect to any potentially hazardous health issues occurring in connection with the presence in the Apartment Community of materials containing hazardous substances, and, (c) agrees to defend, indemnify and hold harmless Landlord and Landlord Affiliates against and from any and all actions, claims, demands, liabilities, losses, damages and expenses of whatsoever kind, including, but nut limited to, attcmey's fees at both the tnal and Initiats,.4 ..-� APARTMENT LEASE AGREEMENT appellate levels, that Landlord and Landlord affiliates at any time sustain ar incur by reason of any and all claims asserted against them to the extent that such claims apse out of or are based upon any potentially hazardous health substances in, on or about the Apartment Community or other potentially adverse environmental matters affecting the Premises or any part of the Apartment Community 35. RADON GAS: Landlord Is required by Flonda Statute 404 056(8) to give the following notification to you' "Radon is a naturally occurring radioactive gas that, when It has accumulated In a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your "county public health unit." 36. LIMITATION OF OWNER'S PERSONAL LIABILITY: Resident specifically agrees to look solely to the Management Company, Wells Boys Property Management, LLC, who manages the Apartment Community on behalf of Landlord, for the recovery of any judgment against Landlord, it being agreed that Management Company and Landlord (and its officers, directors, employees, partners and shareholders) shall never be personally liable for such judgment. The provision contained in the foregoing sentences is not intended to, and shall not, limit any right that Resident might otherwise have to obtain injunctive relief against Landlord or Landlord's successors -in -interest or any suit ar action in aonnecbon with enforcement or collection of amounts which may be owing or payable under or on account of insurance maintained by Landlord 37. SPECIAL PROVISIONS OR ADDITIONAL AGREEMENT: 38: FAIR MOUSING. to accordance with all applicable taws, this Apartment Community is offered without respect to handicap, familial ar marital status, race, color, religion, sex, ar national ongin of Resident 39. MISCELLANEOUS: This Lease, the Rental Application and all attachments shall constitute the full understanding between Resident and Landlord and no other Agreement, unless in writing end signed by Resident and Landlord, shall be binding upon the Landlord This is a Weeny bindinra document Read the entire Lease and any addenda before siarnno. 40, APARTMENT LEASE ADDENDUM - EARLY TERMINATION OF LEASE: M I agree to pay $1,790.00 _ ( an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee if I elect to terminate the rental agreement, and the landlord wanes the right to seek additional rent beyond the month in which the landlord retakes possession I do not agree to pay liquidated damages andlor an early termination fee and I acknowledge that the landlord may seek damages as provided by law in the event that I terminate this rental agreement before it ends. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING t,JNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT. AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. RESIDENT OR RESIDENTS /7 4r/ beano Mot% t?atb Date Landlord's Agent 1 l Date Initials (_?.rt, N OCEANSIDE PALMS , LLC Applicant's Exhibit 7B APARTMENT LEASE AGREEMENT This Apartment lease Agreement ("Lease") male on 01/22/2020 by end between WELLS ='YS AND GIRLS PROPERTY MANAGEMENT, LLC ("WBAG'), who rnaneges.for and on behalf of OCEANSIDE PALMS , LLC ("Landleed") and George Morris and jointly and seseratiy,CRasid st"). 1, PREMISES, Landlord. for and in consideratiren of the tents tobepaid and the cowanants, terms end conditions to be performed and observed by Resident, set fulfil m this Leese end all agreements executed simultaneously herewith, does hereby, rent and lease to Residerit.thd fallowing Rental Unit APARTMENT NUMBER A-10, 321 Johnson Avenue, Cape Canaveral FL, 32920 in OCEANSIDE PALMS , LLC ( "Apartment Community"), together with the appliierx.es contained therein ("Premises')• 2. TERM: This Lease shalt begin on 2/1/2020 and end on 1/311202/ (Term"), Resident shall be bound by the covenants, terms and conditions of this Lease as of the dale Resident mares in, In the event occupancy Is delayed beyond the beginning cf the Term, landlord shah not be liable to Resident for such delay, arid this Lease shall rerna n in force and effect subject only to the fillawing (a) The rent shall be abated on a daily prorated basis during the delay and (b) In the event occupancy ncy is delayed SEVEN (7) DAYS, Resident may terniinete this Leese by giving written notice to landlord, whereupon Resident shag b5 errialsd to a full refund of Resident's security deposit and any prepaid rent, Provisions (a) and (b) shell net apply >f the cleaning and repairs do not prevent Resident's occupancy of the Premises. 3. RENT; Rasident agrees to pay rent to Landlord in the total emourtt of 00.980.09 for the Term of the Lease. a Resident shall pay rent in advance, withcwt offset or demand in equal ireeithly installments of $ 915.00 on or before the HRST (let DAY of sash month of the Term. Prorated Rent' Resident shall pay rent from NO. until Wis in the amount of $ 0,00 e Fees: If rent is hot paid by the FIFTH (Sth) DAY of the month, Resident shall pay a late fee equal to $91,50 TEN (10%) PERCENT of the monthry rent due. Late fees shall be addlbonal rent d. Dishonored Cjeccks: If Resident's check fails to clew for any reason, an additional sar ce Charge of 535.00 will be assessed in addition to the late charge. Senior Odizs1 O1s Residert Is 65 years of age are will receive a monthly dsrount of $ (0.00 1 . L Cablellptennxtt Cherries Resident egress to pay Landlord $ 40.00 each month as additional rent. g, Washing eeebine: Resident shell not install a ekthes washer in the Premises without written permission from Landlord. If Resident installs a clothes washer an the Premises Resident shell pay 0 00 each month as ac dittunal rent, pet Rent: / Resident shell not maintain pets in the P tie eektast agrees; to pay 10,00 each month as axiditlonal rent for maintaining a pet in the Premises. Water charms, Resident agrees to pay Landterd $ 0,00 each month as additional rent j, Montleto•Month: Unless Resident renews this Lease before the end of the Term, this .Lease shall automaticatfy became 'month -to -month" .tease. As a 'meth to month` lease, Resident shall pay en Increased m nthty rent in the amount of $ Tito Rent shall be payable at the on -site LeasinglBuatness Office, er at etch place as Landlord may from time to time designate in wetting,. Resident agrees to make all payments by check, ,Honey order or mutter's 'check. Landlord will not accept cash under any clroumstances. ,If Resident gives Landlord ®.check that is returned for nonpayment durin0 the Term of the Lease, future rent payments mey, in Landlord's sole discretion, be payable by testier"; check or money order only. Notwithstanding ergRhtng contained herein to the contrary, there is no gave period for the timely payment of rent and Landlord shall have no cblgaten to accept rent after the 5th day of the month A rent payment received by the Landlord after the 5th ley of the month Is a Default under the terms of this Leese, in which event the Landlord shall be stowed to wenkstse and pursue all equitable and legal •temedias available to. Landlord. Monies paid by the Tenant to the Landlord shall be applied to the Tenant's eocount In the following order (1) To outstetrding rent, late fees and dishonored checks; (2) To outstanding attorney fees aerator court ceet Irrgally chargeable to Tenant; (3) To any outstanding utility till%; (4) To damages to the Premises or Apartment Community; (5). To other outstanding rent, beginning with the most delinquent. 4 NONREFUNDABLE PET FEE; Resident shah not maintain pets In the Premises, ; In addition to the rent and Security Deposit provided for herein, Resident west to pay a me1tme pet fee of $ .350.00 for _ pet of any kind that is allowed in the Premises, (Reese refer to Ruler and Regulations.) This fee shad be payable immediately upon signing the Lease. If Resident desires to bring a pet into the Premises et any time after the beginning of the Term of this Leese, Resident is required to get permission from the Landlord. If the Landlord approves of the pet Resident shell pay the Non-Refundaole Pet Fee prior to bringing the pet into the Premises. Landlord agrees to permit the fallowing pet(®) an the Promises: , 5 SECURITY DEPOSIT: Upon signing this Leese, Resident shell pay Landlord the sum of EIGHT HUNDRED NINETY FIVE AND 00/10Q 3895.001 Dollars as a Security. Deposit :ind k as last months<rent for the hell and faithful performance of all the covenants, terms and conditions of this Lease. Under no circumstances shall the Security Deposit be construed es rent and Resident shall not apply the Security Deposit or any part thereof to the last month's rent Reetdent shell not bee MOW to any interest .an the Security Deposit unless specific* provided for under applicable law. Where abwed by taw Resident authorizes Landteud to' place their Security Deposit In an :nearest bearing account with Interest eicGnung solely to the Landiord Resident agrees to give Landlord THIRTY (30) DAYS advance written notice of vacating the Premises. Failure to do so shall, to the fullest Wert Mowed 'by law, constitute the forfeiture of the Security Deposit. Landlord may retain the Seounty Deport for any amount owed to Landlord try Reeident at the end of the Tarn or upon en event of default under this Lease. In addition, deductions from the Security Deposit shall be made for any damages to the Premses, normal Initial APARTMENT LEASE AGREEMENT wear we tear excepted, including but not linseed to, Massive carpetwear, stains en the carpet, scratches, burns, stains, holes or marks on the ians, and damage to the spiehances. The Security Deposit we be returned to Resident only upon the occurrence of gig the terming tenclitions (a) pay se rent due; (b) leave the Premises in dean condition pursuant to the terms hereof, (c) provide the proper notice to vacate as provided herein, (d) return of all keys to the Lanelord; (e) remove all of Resident's personal propety, and (1) furnish a gear forwarding address to the Landlord If eti the conditions (a) - (I) have been fully complied with by Resident, Landlord will provIcie Resident with an itemised accounting ot any cisme, damages or other turns owed by Resident within 'THIRTY (30). DAYS after the termination of the Lease. If the Premises is rented to more than one Resident, Landlord may send the refunded Security Deposit to any Resident identified herein and Landlord shall net be liable for the division of the refund between the Residents. 8 UTILITIES- Landlord agrees, at Landlord's expense, to furnish the following utility services designated Wow Sewer ye Garbage Yes Water lev Electric NeLeCoble Gas Ng. Each utility service not provided by the Landlord (Lee oheaked "N" above) shall be provided to the Premises at Residents expense directly from the utility prcniider, Resident agrees te pay all utility charges and utility depoeits assessed by the utility companies provided to the Premises and billed to Resident during the Term of this Lease and any extensionthereof, if Resident fails to pay all utility changes assessed by these utility companies for which Resident has agreed to pay and If Landlord is assessed for these utility services, than, to the extent permitted by law, Landlord may pay these utility assessments and subtrace a like amount from Resident's Security Deposit. .Resident shall place the appropriate utilities in Residents name on or before the move -in date. In the event Residentfatis to place the appropriate utilities in Residents name, Landlord shall assess a pro rate utterly charge as addilional rent forthe period from move -in until such time as utilities are placed in Resident's name, together with a FIFTY ($30.90). DOLLAR service cisarge Utilities shalt be for ordinary household purposes only. Landlord shall not be liable tor the interruption of failure of utility services paid for by Landlord or any damages caused thereby. Landlord shall use reasonable dlligence in its efforts to restore such services within Its control, if electricity is internyted use battery operated lighting only Landlord may modify Might utilities are furnished to the Premises and/or telled to the Resident during the Term of this Lease, Including, but not !meted to, sub. -metering of the Premises for certain utility services or billing Resident for utilities previously included with the rent. In the event Landlord chooses to modify utility service to the Premises, Landlord will give Resident not less than Sixty (60) DAYS prior written notice of such modification. Cable TV charges may be changed by the cable operetta during the Term of this Lease. 7 ACCEPTANCE AND CARE OF THE PREMISES; Resident has elatnined and accepted the Premises in Its "AS IS" conditiori and agrees to take good care of the Premises. A move-in/move-out Inspection form has been provided to Resident. Resident hall note any defects or damages on the form and return it to Landlord within SEVENTY-TWO (72) HOURS of moving in. Defects and damages not reported to Landlord within this timefraMe Shall be presumed to have occurred after Resident's acceptance or during Residents occupancy of the Premises. Resident shall use all reasonable diligence in the care of the Premises and shall maintain the Premises in e safe and sanitary condition. Resident may not make any alterations, Addition* repains or improvemente ("Alterations") to the Premises without the express written consent of Landlord, If approved, any Alterations shell be at Resident's sole cost and expense. All Alterations' shall become the property of Landlord and shall be surrendered with the Premises at the expiration or termination of this Lease. In Landlord's sole discretion, Landlord may request that Resident remove the Alterations and restore the Premises to its original condition at Resident's sole expense, normal weer and tear accepted. No holes mallbe drilled Into the walls, woodwork or floors. The installation of an antenna, a direct satellite dish, additional telephone or 'cable lines and outlets, additional electrical wires, an alarm system, and changing the Wks or installing additional locks are not permitted except by Landlord's prior written contuse!. Resident accepts existing locks as serfs and operational. In the event Resident changes or adds lecke or !weedy devices, keys and access shall be furnished to Landionl. Resident shall not remove Landlord's tortures, appliances, furniture, and/or furnishings fieren the Premises for any purposes. RESIDENT VOLUNTARILY WAIVES LANDLORD'S OBLIGATIONS AS SET FORTH IN SECTION 83.51(2)(8)(14), FLORIDA STATUTES. RESIDENT ACKNOWLEDGES AND UNDERSTANDS THAT RESIDENT SHALL BE SOLELY RESPONSIBLE FOR THE TREATMENT, EXTERMINATION AND REMOVAL OF BED BUGS. IN THE EVENT RESIDENT MUST VACATE THE PREMISES IN ORDER TO TREAT THE PREMISES FOR BED BUGS, RESIDENT SHALL REMAIN RESPONSIBLE FOR ALL RENT AS SAME COMES DUE ,... ALL COSTS ASSOCIAT WITH TREATMENT AND RESIDENT'S VACATION OF THE PREMISES, In tr ale 11 .61 In r).\ 8. FAILURE TO OCCUPY.. If Resident fails to occupy the Premises in acoordane.e with this Lease, an amount equal to one month's rent plus damages and lest rent will be due and payable to Landlord .as liquidated damages (or automatically forfeited if allowed under applicable law) 9, USE AND OCCUPANCY OF PREMISES. The Premises shall only be used by Resident as a private residence, clieisettegng own:tents are stnctivDrohibited. In order to change roommates, Resident must receive prior written consent of Landlord, and follow all existing appliCation procedure* Persons not listed beloW_m=y hot occopv the Premises fOr mere than three (31 consecutive days within in env six (61month period. The Premises shall be occupied by: Gears* Morris Initial APARTMENT LEASE AGREEMENT 10. NO WARRANTY OF HABITASILITY Landlord makes no representation or promises math respect to the Premises or Apartment Cernmunity, except as expressly set forth herein. .Landlord hereby disclaims any Warranty of Habitability covering th6i Premises and Resident hereby knewingly, voluntarily and for edequate consideration waives any &roll Warranty of Habitability, it being expressly agreed and understood that Resident has inspected the PrEIMISEM and accepts it in its 'AS IS" present condition as habitable, fit for living and suitable for Resident's residential purposes, Resident further expressly agrees that, to the fullest Went allowed oy law, Landlord .shall have no duty. or obligation whatsoever, unless otherwise expressed herein, to make any subsequent repairs te the Premises, or any part thereof, during the Term of this Lease that effeet or may affect the habitability of the Premises or the physical health, Or safety of the .Resident, .whether or not the Premises later becomes in a state of disrepair by reason of ordinary wear and tear or otherwise. Resident expressly a.claiewledges end understands that the rent negotiated by the parties hereto takes into account the fact that the Premises is being rented in Its "AS IS" present condition. 11. MOVE -OUT NOTICE; In all instances under the covenants, terms and conditions of this Lease, Resident must give .Landlord THIRTY (30) DAYS advance) written notice of Reektents Interitien to move out of the Premises. Notwithstanding anything contained in this Lease to the contrary, Resident's move -out Wipe will not terminate this Lease sooner than the end of the Lease Term or renewal period exoapt as speciflually set forth under Paragraph # 26 hereof, A verbal move -out notice shall not be sufficient and will not be accepted by Landtord. Landlord's written torm should be used, If Resident fails to give THIRTY (30) DAYS Written mace or if Resident moves out without rent being pale in full For the entire Lease Term or applicable renewal period, Resident shall be in Default of this Lease and liable for ell costs of curing the Default as set forth in this Lease 12, HOLDOVER/FAILURE TO VACATE AFTER NOTICE: If Resident fain; to give THIRTY (30) DAYS advance written notice for vacating the Premises as provided in Paragraph 11 above or 113118 to completely vacate the Premises prior to the expiration of the notice, Resident shall be: (a) liable for TWO (2) T1MES the deity prorated rent and ell other darnages provided for under this Lease or (b) Landford may consider Resident to nave automatically renewed this Lease on a month -to -month basis which shall include an additional $50.00 per month fee, 13. RULES AND REGULATIONS: Resident, Reeidenre family, guests and Invitees shall comply with .alt rules and regulations now or hereafter made by Landlord for the Premises and/or Apartment Community, without limitation, The printed rules and regulations are attached hereto and Incorporated Into this Lease for all purpOses, Resident agrees to obey all laws and ordinances applicable to the Premises and Apartment Community Resident shall not engage in any activities in or cn the Premises or Apartment Community of an Illegal nature, purpose .or intent Resident further agrees that Resident's family, invitee's or quests shad .never be disorderly. boisterous or unlawful and shall not disturb the rights, comforts and conveniences- of ether Residents of the Apartment Community,. Resident, Resident's family invitees and guests may not bring dangerous or hazardous materials into the Prerniees (including but without limitation guns, knives, and fireworks or unauthorized chemicals). Failure to keep and .observe said 'rules shall constitute a material breach of this Lease, in the same manner ae if said rules were contained herein. Rasldent, ResIdente family, invitees and guests shall comply *than federal, state, munioipal and all other laws and ordinances, and shall not oommit any act which is a nuisance or annoyance to the Apartment Community or surrounding neighborhood, 14, DEFAULT.: Resident hereby expressly agrees that a defeult under this Lease shall be deemed to have occurred It (a) Resident falls to pay rent for FIVE (5) DAYS after that rent. is due; (b) Resident fails to faithfully perform arty of the covenante, terms or conditions of this Lease; (c) Resident makes any misleading, incorrect or untrue statements In Residents Application for Apartment Lease; (d) the Premises becomes vacant. deserted or abandoned (defined as Resident's absence from the Premises for a period of time, defined by law, while any portion of any rental payment is delinquent); (e) Resident voluntarily or involuntarily takes advantage of any debtor relief proceedings tinder any present or future law, whereby the rental or any part thereof, is or proposes to be, reduced. or payment thereat deferred; (f) Resident, Resident's family, invitees or guests engage in any conduce or activity deemed objectionable or improper in the opinion of the Landlord, or, (g) Resident otherwise violates or acts In contravention to the covenants, terms and conditions of this Leese Upon default by the Resident, the Landlordin addition to all other remedies given to Landlord in Law or Equity, may by THREE (3) DAYS prior written notice to Reerdent, terminate Resident's tenancy without terminating this Lease, re-enter the Premises by summary or other court proceedings, or forcible entry/detainer to the fullest extent pematted by law, and obtain a writ. ot possession thereby, or otherwise dispossess the Resident. In addition, Landlord may accelerate andriectare the entire unpaid rent for the Term of this Lease to be immediately due and payable. if Landlord elects to terminate the Resident's right to possession ortly, without terminating the Leatie es above provided, or if this Lease is terminated for any reason whatsoever, the LandlOrd may remove all of Resident's personal property from the Premises and such removal shall not release Resident from Resident's obligation to pay rent herein. reserved, as wall as all reasonable costa and easenses necessary for the removal of Residents personal property. The Landlord may make repairs: alterations and additions in arid tia the Premises and redecorate the same to the fullest extent deemed by the Larellerti neoeesary or desirable .Upon dernend in writing, Resident shall pay the coat thereof and Landlord's expenses of retelling the Premise, including, commissions Such payment shafi •be applied first to the expenses incurred by Landlord in entering and reletting the Premises and then to the rent due under this Leese. Resident shall remain liable for any deficiency in the total amount due under said Leaul. If the, rent collected by the Landlord upon any such reletting ere not. sufficient to pay monthly, the full amount of the rent reserved herein, together with the costs of .sucei repairs, replacements, alterations, additions, redecorating, advertisements, bmkerage fees, and other expensee caueed by Resident's breach of any of the terms of Oita Lease, the Rent shall pay to the Landlord the amount of each monthly deficiency upon demand in writing, and if the rent Initials APARTMENT LEASE AGREEMENT so collected from any such relatting is more than sufficient to pay the full amount of the refit rese►ved herein together with such coats and expeneea of Landlord, the Landlord at the end of the Term of this Lease shall account for any surplus to the Resident upon demand in writing. Any personal property removed from the Premises by the Landlord is at the risk and expense of the Resident and the Landlord shall not be responsible for the preservation or safekeeping thereof. The Landlord shag have a lien against said property for any and all expenses maned by such rernoval including all storage charges against such property and any other charges cure Landlord from Resident under the covenanta, terms and conditions of this Lease and such charges shall be payable on demand. In addition to all other retnedies provided herein, Resident agrees to compensate Landlord for ail reasonable expenses necessary to enforce this Lease and to oollect the rents or damages for breach of this Lease, including but not limited to, all court costs and reasonable attorney's fees incurred in connection therewith. If Resident vacates or is evicted from the apartment prior to the expiration of the original Term or any renewal terms which Include any portion of the remaining Term of this Lease or any renewal Term thereat, then Tenant shall pay the sum of two hundred dollars ($200 00) as a re -(easing fee for Landlord's expenses in obtaining a new Tenant to lease the apartment The re -leasing fee and the Tenant's liability. therefore is in addition to and not in lieu of, ell rent and other damages for which Tenant may be liable under this Lease, 15. CONTINUING OBLIGATION; No election by Landlord to terminate this Lease or Tenant's right of the possess5lon of the Premises relieves Resident of Resident's liability for rent and at ether obligations under thls Leese, which will: survive and remain in full force and effect throughout Resident's tenancy regardless of whether such tenancy is month -to -month, at sufferance or of any other type of tenancy recognized by law. Said legal eviction shall not relieve Lessee of the obligation of paying the balance of the rent due under the Lease. Resident's obligation to pay the balance of rent stated in this Lease shall only be relieved by either the continuing payment of the monthly rent until the end of the Lease or until Landlord mitigates said' rent obligation by releasing the Premises: In the event of any breach of this Lease or any of its terms by Resident, the Landlord, at his option, may terminate the Lease and/or resume possession of the Premises and hold Tenant liable for any ana all future accruing rents, 16 CONTRACTUAL LIEN: Resident does, by the execution of this Lease, grant to Landlord an express contract Hen and security interest in and upon all fixtures, goods and personal property of the Resident now or hereafter placed in or upon the Premises In order to secure the prompt payment of rent herein provided, and for the full compliance by the Resident of all agreements and covenants hereunder. The contract lien shall be In addition to such statutory liens as Landlord may have under and by v rhse of the laws, presently existing or as may be amended, of the State of Florida. in order, to exercise contractual or statutory Lien rights when Resident is in default hereunder, Landlord, to the fullest extent allowed under applicable law, may peacefully enter the Premises arq remove and store all property therein, except property exempt by statute provided, however, Resident must be present or written notice of entry must be left afterward. 17 ABANDONED ARTICLES: Subject to applicable law, all articles left in or upon the Premises by the Resident at the end of this Lease for any reason, shall be disposed of by the Landlord in a manner cis Landlord may see fit arid proper. 18. CRIMINAL ACTIVITY; Resident. Resident's family end any guest or other person under Resident's control or supervision,. shall not engage In any criminal activity, including without limitation oruseRelated Criminal activity, on or near the Premises or Apartment Community, "Drug -Related Criminal Activity` means the illegal manufacture, sale, distribution, or use of any controlled substance as defined in Section 102 of the Controlled Substance AM (21 U.S.C. 802). Resident shall not permit the Premises to be used for or to facilitate In any criminal activity, including Drug -Related Criminal Activity on or near the Apartment Community, In audition, Resident shall not engage in ate of violence, or threats of violence, including but not limited to, the unlawful discharge of firearms, on or near the Apartment Community. A singleviolation of any of these provisions shall be considered a serious and substantial visitation of,and a material noncompliance with, this. Lease. It is understood and agreed that a single violation shall be good and sufficierit cause for en Immediate termination of the Lease by Landlord without opportunity to cure. Unless otherwise provided by law, proof of violation under this paragraph shall not require criminal conviction, but shell be by a preponderancse of the evidence. 19 REPAIRS AND REIMBURSEMENTS BY RESIDENT, Resident agrees to report promptly, in writing, to Landlord when any. poitiun of the Premises is out of repair, and to promptly reimburse Landlord for any damage to the Premises or furnishings thereof caused by the negligence, misuse, or any other occurrence attributable to Resident, Resident's family, Invitees or guests. Any electrical or mechanical equipment in the Premises, including but not limited to, a dishwasher, garbage disposal, range and oven, refrigerator and freezing units, attic: fan, heating and air oonditioning equipment, washer and dryer will be delivered to Rest-dant n good working order. It is euittressly understood that Resident will properly operate, service and maintain all such equipment and surrender same in good working order at the end of this Lease. Any service, .maintenanoe or repair tor other than wom parts or equipment will be at the Resident's sole expense, Except tor tnosQ conditions caul by the theelteance. of the Le cgji d..R Ibis the sole obliaation a oar for the renelr of the following conditions, including but not (Odell to la) damacie from waste water stoaoacas causes! by foreign or jlnerogeer *Os in lines that exclusively serve Resident's dWetbpq (b) dama}te to doors., windows or urger ta. and lc1 damaoe d r doors beino oven Such reimbursement shall be due immediately upon demand by Landlord. Landlord's failure or delay in demanding reimbursements, fate -payment charges, returned check charges, or other sums due from Resident, shall not be a waiver thereof; and Landlord may demand same at any time, including at or following move -out. 20, OWNER'S LIABILITY AND INDEMNITY As additional consideration for Landlord entering into this Lease: and to the fullest extent allowed by law, Landlord shall not be liable to Resident, or Resident's family, invitees, or guests for any damages or asses to person or property caused by other Residentsof the Apartment Community 'or other persons. Initial) APARTMENT LEASE AGREEMENT Resident agrees to indemnify and hold Landlord harmless from and against any and till claim& for damages to property or person arising from Resident's use of the Premises, or from any activity, work or thing done, permitted or suffered by Resident in or about the Pre,rniaes, Landlord shall not be liable for personal Injury or damage or loss of Resident's personal property (furniture, Jewelry, clothing, electronic dines, etc) from theft, vandalism, fire, water (frost, ic.e, steam, reel storms, etc. ), smoke, heat, cold, falling .plaster. sewer e or sewer gas, odors, noise, Waking or bursting pipes, operations of plumbing, electrical or air conditioning or heating systems, neglect or actions of other Resident's or visitors of the Apartment Community,explosions, sonic booms, or any other causes whatsoever unless the some. is due to the gross negligence of the Landlord, If any of Landierd's employees are requested to render any services riech as Moving automobiles, handling furniture, cleaning, signing for or delivering packagers, or any other service not contemplated in this Leese, such employees shall be deemed the agent of Resident regardless of whether payment Is arranged for such service and Resident agrees Jo indemnify and hold Landlord harmless from all loss suffered by Resioent or other person in any of aforesaid circumstances. Landlord shall have no duty to furnish smoke detectors except as specifically required by applicable law, when smoke detectors are furnished Landlord will test same and provide Initial battenes, if battery operated, upon Lease commencement, thereafter, Resident shall replace and pay for smoke detector batteries as needed for their proper and intended use. Landlord does not provide any security devices or security mechanisms for the purpose of protectrng any Residents and such services er mechanisms are provided solely for the protection of the Landlord's property and not for the protection of any Residents Any benefit Residents receive as a result of such services or mechanisms are only incidental to their existence, Resident shall do whatever Resident deems necessary to prefect Resident, as well as Resident's. family, guestS. anti invitees, from crime, accident or natural catastrophe. Resident should contact the local law enforcement agency if Resident is in need of security devices. In cases of emergency, Resident should call "911". Resident understands that Landlord may retain personnel or service which ia available faelockouts, disturbanoes, fire lane violations, problems with outdoor lighting and similar problems, Resident agrees. and understands that any measures Landlord has taken in this regard is neither a police force nor a guaranteed deterrent to crime. In the event of criminal activity, the police departrnent is to be contacted first by Resident. and Resident understands andagrees that. Landlord may alter Or cancel the patrol service if applicable, or if any, without Resident's knowledge or consent. Further, Resident- understands and agrees that Landlord has no obligation or liability for the acts or (emissions, whether negligent, intentional or otherwise, of any agent or employee of the patrol company, if applirsable, or if any, er any. patrol company subsequently retained by Landlord .Resident recognizes that Landlord and its legal representatives do not guarantee, warrant or assure Resident's personal security and are limited in their liability to provide proteotion. Resident understands that the protective stapi_Limgoici has Jokers or may take in the fLeureare neither a guarantee or wairantelltet there Oil be no eriminal acts or that Resident will be free from the violent tendencies of third persons. Resklent has boars informed and understands and mews that Resident's. Oersorial, 'safety and seoUritv is Raeldwrs Din011el responsibility. 21. DAMAGE OR DESTRUCTION OF PREMISES: In the event of damages to the Premises by fire, water or other hazard, or In the event of malfunction of utilities, Resident shall immediately notify Landiard. If the damages are such that occupancy can be continual; Landlord will make suchrepairs as needed within a reasonable period of time and rent shall not abate during the period of such repairs. If, in Landlord's sole opinion, the Prerrillies ere so damaged as to be unftt for occupancy, and Landlord elects tc.• rneke such repairs, the rent provided. In this Lease shah abate during the period af time when the Premises are not ready for occupancy, but in all other rasped& the terms and provisions of this Lease shall continue in lull twee and effect. In the event the Premises are so damaged or destroyed as to be, in the SOW opinion of the Landlord, incapable. of being satisfactorily repaired, then at the option of the Landlord, (i) this Lease shall terminate and Resident shall be liable only for rental -payments up to. the date of such destruction; or (ii) Resident may be offered e cumperable replacement apaitment unit in the Apartment Community for the remaining Terra cif this Lease. 22. RENTER'S INSURANCE: Resident understands and agrees. that Landlord., its :agents, employees and legal representatives ere not liable to Resident, Resident's family, guests and invitees fromlosses of their property due to theft., fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind and front all other losses not directly resulting from Landlord's gross neghgence, Resident is solely responsible for insurance on Resident's persona! property for all such casualty losses and Resident should obtain insurance to protect in such events. .23. RIGHT OF ENTRY: 'The Landlord may enter the Premises: (a) in the case of en emergency, (b) to make necessary or agreed repairs, decorations, alterations or improvements, or for preventative maintenance, pest control, inspections of smoke detectors and waterbeds or to supply necessary or agreed SEUVICeS; (0) to show the Premises to prospective or actual purchasers: mortgagees, insurers, potential residents, Workmen and contractors, (d) when the Resident has abandoned or surrendered the Premiaes or to determine if Resident has, abandoned the Premises; or (e) pursuant to legal proceedings Any such entry by Landlord shall be after the Landlord has given Resident reasonable notice of intent to enter, as defined by, and pursuant to, applicable lew end where, possible, during normal business hours, except in the Case of an emergency. In no event shall Tenant unreasonably withhold Resident's consent for Landlord's requested entry. 24, SUBLETTING AND ASSIGNMENT; Subletting: assignment or securing a replacement Resident shall not be allowed under any drcurrietances without the express prior written approval of Landlord which approval may be withheld for any or for no reason. 25. OWNER'S OBLIGATIONS COMMON AREAS: Landlord agrees to Maintain all common areas of the Apartment Community, excluding the Premises, in a clean and sanitary condition; to comply with requirements of applicable state and local building, housing and health codes; and to make all reasonable repairs. Notwithstanding the foregoing, Landlord shell not be rasp ssible to Resiaent for conditions created or caused by the wrongful or negligent acts or omissions Of Resident, Initials (YI-1 APARTMENT LEASE AGREEMENT Resident's family, invitees and guests, other third parties or any other Residents, Unless SPOWiteally authorized by applicable law, Resident has no right to abate, withhold, offset or otherwise escrow rent payments at any time for any reason. 26. MILITARY CLAUSE: In the event Resident is or beeomes a member cif the United States Armed Forces on extended active duty and receives "changeof-duty" orders to depart the local area", or Is relieved from Such duty, Resident may terminate this Lease by giving THIRTY (30) DAYS prim. written notice to Landlord when possible, provided Resident is otherwise. not in default As a condition to such eariy termination, Resideat shall furnish Landlord a certified copy of the official orders which warrants termination of this Lease. (Military orders' authorizing base housing do not constitute 'change -of -duty" orders hereunder). In the event Resident utilizes, this Military Clause toearly terminate the Lease; the Security Deposit will be refunded provided that all the covenant ternis and conditions set forth in this Lea$0 are properly and fully complied with by the Resident 27, LIENS OR SALES: Landlord of the Apartment Community may encumber the Premises and/or the Apartment Com.m.unity by mortgage(s) and/or deed(s) of trust and any such present or future .mortgage(s) or deed(s) of bust and all renewals, consolidations, modifications, replacements andfor extensions thereof and all advances made or to be made thereunder so given shall be a lien on the land and buildings Superior to the rights of Resident Foreclosure of any mortgage or sale of the Apartment Community shell not constitute a constnestive eviction of Resident Restdent agrees to attorn. any mortgagee or purchaser of the Apartment Community as if this Lease wee by and between Reeident, as Resident, and such mortgagee or purchaser, as Landlord and Resident agrees to execute all agreements reasonably requested by any such Mortgagee or Purchaser to evidence said attornment Resident further agrees not to record this Lease. Any sale of the Apartment Community or any part thereof shall not offset this Lease or any of the obligations of Resident nereunder, but upon such sale Landlord shall be released from all obligations hereunder and Resident shall look solely to the new owner of the Apartment Community for the performance of the duties of 'Landlord" hereunder and after the date of such sale. 28. RESIDENT INFORMATION: if Resident has supplied information to Landlord by means of a rental application or similar document Resident covenants that all such Information was given voluntarily end knowingly by Resident and, -if any suoh Information proves to be false or mieleading, Lancilord shall have the right to terminate this Lease, in which event Resident shall immediately surrender the Premises. 29. SUCCESSORS: The terms and conditions contained In this Lease shall be binding upon and inure to the benefit of Landlord and Resident and their respeolive helm, executors, administrator, personal representatives, successors arid assigns (subject to Paragraph 24 above). 30, NOTICES: Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United Stetes Mail, postage prepaid, corded or registered mail and adaressed to Residentat the Premises and. to Landlord et the office address of. the Apartment Community (o at such address or addresses as Landlord may from time to time designate to Resident). Personal delivery of any suoh notice or document by Landlord tb Resident at the Premises shall also be affective deev.ery hereunder, 31. GENERAL: No oral agreements have been entered into with respeet to this Lease and thls Lease °anteing the entire agreement between Landlord and Resident. This Lease shaU not be modified in any regard except by a written form provided by Landlord and signed by Resident and Landlord, In the event of more than one Resident, each Resident is jointly and severally liable for the payment of rent and each provision of thie Lease Each Resident states. that he or she is of legal age and has the mental capacity to enter Into a tending. lease, A Resident's spouse, co -Resident or occupant that has permanently moved out awarding ta an affidavit by a remaining Reeident, is, at Landlord's option, no longer entitled to occupancy or keys. All obligations hereunder are he be performed in the county and State where the Apartment Community is located 32, SEVERABILITY: If any clause or prevision of this Lease is held to be illegal, invalid or unenforceable under present or future laws during the Term of this Lease, then it is the intention of Resident and Landlord that the remainder of this Lease shall not be affected thereby. It is also the intention of Resident and Landlord that if a clause or provision is held to be illegal, Invalid or unenforceable, there be added as part of this Lease a cdeuseor provision as similar in terms to such Illegal, invalid or unenforceable clause or provision as mey be possible and be held legal, valid and enforceable. 33. COUNTERPARTSThis Lease may be executed in counterparts; with at least ONE (1) COPY furnished to Resident 34. ENVIRONMENTAL MATTERS: .As additional consideration for Landlord entering into this Lease, and to the fullest extent allowed by law, Resident, for himself, his heirs, assigns, gueste, and ail others claiming by, through, or under who may live In, or otherwise use the Premises, hereby; (a) expressly assumes and accept e any and all risks related to the presence in the Apartment Community of any and all potentially hazardous health substances; (h) waives all claims and causesof action of any kind or nature, at law or in equity, including but not limited to, claims' or causes of action arising h.y statute, ordinance, rule, regulation or similar provision against the Landlord, its agents, principles, employees, legal representatives; affiliates, assignees, successors in intereiPit, partners, shareholders, officers and directors (herein collectively called the "Landlord Affiiiates"). with respect to any potentially .hazardous health issues occurring In come:bon with the presence in the Apartment Community of materials containing hazardous substancee; end, lc) agrees to defend, indemnify and hold harmless Landlord and Landlord Affiliates against and from any and all actions, claim!, demands, liabilities, losses, danAges and expanses of 'whatsoever kled, including, but not limited to, attoiney's fees at both the trial and Initia APARTMENT LEASE AGREEMENT appellate levels, that Landlord and Landlord affiliates at any time sustain or incur by reason of any and all claims asserted against them to the extent that such claims arise out of or are based upon any potentially hazardous health substances in on or about the Apartment Community or other potentially adverse environmental matters affecting the Premises or any part of the Apartment Community, 35, RADON GAS; Landlord is required by Florida Statute 404,05618) to give the following notification to you; "Radon is a naturally occurring radioactive gas that, when it has accumulated In a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guidelines have been found In buildings in Florida. Additional Information regarding radon and radon testing may be obtained from your "county public health unit." 36. LIMITATION OF OWNER'S PERSONAL LIABILITY: Resident speefflcaily agrees to look solely to the Management Company, Welts Boys Property Management, LLC, who manages the Apartment Community on behalf of Landlord, for the recovery of any judgment against Landlord, it being agreed that Management Company end. Landlord (end its officers, directors, employees, partners and shareholders) shell .never be personally Irebte for such judgment. The provision contained in the foregoing sentences is not Intended to, and shall not, limit any right that Resident might otherwise have to obtain injunctive relief against Landlord or Landlord's successors-in-intersst or any suit or action in connection with enforcement or eoUectlon of amounts which may be owing or payable under or on acro:ount of insurance maintained by Landlord. 37. SPECIAL PROVISIONS OR ADDITIONAL AGREEMENT, 38: FAIR HOUSING: in accordance with. all applicable laws, this Apartment Community is offered without respect to handicap; familial or marital status, race, color, religion, sex, or national origin of Resident, 39, MISCELLANEOUS:. This Lease, the Rental Application and all ettachments shall constitute the full understanding. between Reedbnt and Landlord and no other Agreement, unless in writing and signed by Resident and Landlord, shall be binding upon the Landlord; This is a !easily in aosument.:Read the entit` a Lease andanv addenda befote'darting. 40. APARTMENT LEASE ADDENDUM - EARLY TERMINATION OF LEASE:. I agree to pay $1.15a8-00 ( an amount that does not exceed. 2 months' rent ) as liquidated damages or y termination fee if I elect to terminate the rental agreement, and the landlord waives the right to seek addition nt beyond the month in which the landlord retakes possession. ( I do nut agree to pay liquidated damages anchor an early termination fee and 1 acknowledge that the landlord may seek damages as provided by law in the event that I terminate this rental agreement before it ends. BY SIGNING. THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNiT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DiSPOSMON OF THE TENANT'S PERSONAL PROPERTY, RJSIDFNT OR RESIDENTS: beorge Mom Landlord's Agent Date OCEANSIDE PALMS ; LLC Initials .�✓�•-'"] APARTMENT LEASE AGREEMENT The, Apartment Lease Agreement ("Lame) Made on E15/2021 by end between WELLS BOYS AND GIRLS PROPERTY MANAGEMENT, LLD (WSW), who manages for ancl rn behalf of OCEANSIDE PALMS, ll.0 321 Johnson Stteet ("Landlord") end peorge Morris and Orley end severailyeReaktenr) 1 PREMISES: Landlord, for and in consideration cf the rents to be paid aid the covenants, tam end eentkitthe to be performed d observed by Resident, set forth in the Lease and all agrearents executed simultaneously herewith, does hereby rent and lease to Reseda the followIng Ranta Unit APARTMENT NUMBER A-10, 321 Johnson Avenue, Cape Carravend. FL, 32020 In OCEANSIDE PALMS , LLC 321 Johnson Street ( "Apartment CommUndy"). together with the SIOPeenCee tenoned therein ("Premises"). 2. TERM. The Lease shoe begin on 2/112021 and end 1/31/2022 c'Terml, Resident shell be bound by the cteeturnte, terms and oondelana of thls Lane as d the date Resident moves in In the event occupancy is delayed beyond the beginning et the Term, Landlord shell not be Sable to Resident for such delay, and the Leese shell roman in force and effect sublet:A only to the falreving; (a) The rent shall be abated on a daily prorated bees during the delete seld (b) in the malt sisselPenbY is fielerM SEVEN (7) DAYS, Resident may lettrinale this Leese by gierej verbal notice to Lerelord, weereupon Resident shall be ended to a full *raid of Reeidenes security deposit and any prepaid rent. Provisions (a) and (b) eh81 not apply if the clang and rewire do not prevent Resident's occupancy of the Premises. 3 RENT!. Resident pores to pas rent to Landlord in the total amount of $11.M.00 far the Term of this Leese. a Resident shall per rent in advance, without offset or demand in equal nattily installments of $e33.00 on or before the FIRST (1st) DAY of each month d the Term meted Resident shall pay rent from Ng until ea in the amuse of $ 0.00 Leto Fees If rent iS not paid by the FIFIFI (ettl) DAY of the month, Resident shall pay a late fee equal to $4340 TEN (10%) PERCENT of the monthly rent due. taite few shell be additional rent, • Ilaligninagdmigka, If Resident's check fails to deer for sny remon, an additional service charge of $35.00 will be assessed in addition to the lete Mares, • ...ass -moss: u Resident Is %bears of age and will receive a mcrehly rescued ct i 0.00 .1 . cotigeatogitcs*ge: Resident agroes to pay Landlord 0 4040 eeeti. mode as additional rent lAtgalingidgolits- Resident shall net install a clothes washer in the Premises without written psrmissIon *tin Laraflati, If Resided insteds a clothes washer on the Premises Resident shall pay Lge_ each month as additional rant • Eglaese. ..„„j_s_ Resident -shall net maintain pets n the Pretrdees ltkResicient age ta phi esioh month as additional Tent for maintaining a pet in the Plerrietic i. viimsigait Resident agrees to pay Landerci $ 0.00, each merit ao additional rent. L lelonteetio-Moillto UnSS Reed:lent renews the WOW Milts the end Of the Team, tits Lease than autorredocilly become a litonth-to-Month Lease Resident shall pay Landlord rent n the °mint of $ 034.00 ... plus Ma each month on or before' the FIRST (let) Day of each rnOnth thitMenth-to-Month Lew. Retbeent shall cOrtnue to vaiy additional rent charges set forth m paragraphs 3 (m)-Qt) of this Leese: ( Rent sheet be payable at the ratisite Leasing/fluidness Office, or at such place es Landlord may from erne to time designate wilting. Resident egress to make atl papnents, by check, money ceder a cashier's ohtick. Landlord wlfl not accept ceih under any circuritstericers If Resderet gives Landlord a check ttrat ts returnee for nonpayment during Menem of the Leese, future rent payments may, in larelads arse dercretron, be payable by mallet's check or money order vials Notwithstanding anything militarised herein to the coronary, there Is no grace period for the timely ZYof rent and Landlord shall have no cbegabon to accept rent after ttle fith day re the mores A rent payment received by the Landlord offer 5Ithatday of the month is a Defeat under the terms of this Lewes, In which event the Landlord ehtt be allowed to exercise EIFICI pursue all &partite and legal remedies available to Landlord. Morels paid by the Tenant to the Landlord shall be applied to the Tenants account e the foloveng order (1) To outstancing rent, late Sses and deshonate cheeks; (2) To oulatareang attorney feee eager court rest legally ohiegeeble to Tenant; (3) To any outstanding utlkty Ms; (rt) To damages to the Premises or ApartMerg Carimunity; (5) To other outstanding vett, beginning w0h the most delinquent 4: NON-RIEPUNIDAELEJNON-TRANSPERABLE PET PM Resided shall not truant& pets in the Pr—seresteGjeilte,addittori to the rent and Smarty Deposit provided for herein, Resident agrees to pay a otraftnes pet fee of $ 350.00 for each pet of sny lend Dia al eilowed re the Premises. (Please refer Ss Rules ate RegulatIonts) This fee abet be payable immediately upon signing the Least If Resident referee to brIng a pet into the Premises at anytime after the begintung of the Tomo' this Lease, Resident is required to get permesion from the Landed. If the landlord approves at the pal Resided shall pay the Revilers:Kimble Pet Fee pricc to bringing frie pet ado the Premises Landlord agrees to pewit the fcarwirav pe(s) on the Premise): S. SECURITYDEPOSIT: Upon Kraig this Leslie, Resident shall pay UMW the sum of EIGHT HUNDRED NINETY ,F)stE AND memo ($3$.00) Dole as a Security Deposit and '400 , es list taxes rent fa the full end feithrui' perfarnmae ef alt the covenants, term and crondMone of Otis Lease. Under no ohournstances abet the Security Deposit be osnairued as rent and Resident shoe ncespply the Security Ovate or any part thereof to the lest mattes rent: Resident shell not be erettled to any Internet on the Security Deposit unless epee provided for undo aptitude law. Where allowed by law Reeident authorizes Landlord to piece thee Security Deposit n en menet berating EICOOlint With interest. aoeruing solely to the Landlord, Resident agree to gise Landked THIRTY (30) DAYS advance erten copse of vasaing the Preview Failure to do so shed tsthe fullest went Mowed by kw, constitute the forfeiture ct the Security Deposit. Landlord may fain the Seaunty Deposit for any Initial APARTMENT LEASE AGREEMENT to Landis/id by Reseiait al the end of the Tem or upon se event f defatdt under this Lease. In Beaten, deductions from the Serenity Depose shall be modeler wry drainagee to to Premises, normal wait and tear seeped, Inducting but not limited 10, wear, stains on the earache, burns, , holes or marks on the wale, and damage to the . The rriy Depose be returnee to Reeident only tenth the =thence of ff the following amebae; (ad pay all rant due, (b) leave Me P in dean met= puauant to the Whit hereof: (a) p►o de the proper notice to vacate as weededherein; (d) ream or au keys to the Larded, (e) remove all of Reseals peacoat properly; and (1) furnish a {mod Weeding address to the Landlord, If all the conditions (a) (t) have been My caroled with by Resident, Landlord will prow Resident worth an aeratedaccountingofany charges, damages or other alms owed by Resident within THIRTY ($0) DAYS oiler the terminatiar of the Lease. If the Premises is netted to more than or Resident, LanthOrd may send the eefUnded PreeeettY Newt to see Resident identified heter and Landers shall not be Isola for the divtslon of the refund betvrrert ttte Residents, 6- t7TlLRIE8 Landlord egress, at Landreth expense, to tarnish the following utility services designated below a Yes Water Yes Beare $g„,Ceb1e Gas Each utility servioe nut provided by the Landlord (re., checked "N" above) sal be provided to the Premises al Residents a l:penes day from the Wiley provide°. Resident agrees to pay all teddy i gear and utility detp eIta assessed by the utility companies weeded to the Premiss and billed to Reeked durire the Tont of this Lease and any etcmansia thereof. if Resident fails to pay all utility charges messed by ttesa utf►dycompanise fa' Which Resident has agreed to pay and if Landtoxl is mewed for these Way services, then, he thieseba rt permitted by toeve Landlord may pay These utility atiseasinenba and Subtract a like amount front Residents i' Deposit Resident evil place the appropriste ut1t1ee in Reselents name on or behest eta ono rn dale, In the event Resident fats to place the appropriate Willies in Ress10 era name, Lartdiord shelf assess a pro rate utUity chary° as additional rent for the period from move -in teal/ emir time ea utfkbes mire placed in Resicieres Via, together with a FIFTY ($5U.O0) DOLLAR service charge. L4tf bee shall be for ordinary teusehold purposes only. Larrdlord shall nre be Nadia the interrupiion er failure of utility melees pad for by Landlaid a are, damages caused thereby. Landlord shall tee reasonable ddloence in its efforts to restore such service within Its centre. If electricity isenterrepted use battery weed laletrag only. Landlord may rcodrfy which utettes ere furnished to the Premilles and/or Fled to the Resident during the Term of this Leese, Irtohdfng, but not ilneeed to, subeneteeng of the ; for certain t t$ ty serweea or being Resident for Metes previously Included with the rant: In the event Landlord. Chooses to modify utility service to the Pree lses, Landord vtik give Resident melees than S dy(6O) DAYS prior written notice of such modification: Cable TV otterges may be changed by the cede operator during the Term antis Lease; 7 ACCEPTANCE AND CARE OF THE PREMISES: Resident has examined and accepted the Premises in its "AS la" iltmettion and to take good care of the Preniseta, A moseen/moseerut inspection form tree been preekted to Readapt Resident ahal mete any disfects or denueles on the form end realm it to L,andee i within SEVENTY-TWO (72) HOURS of moving et Deflects and dwaseera not reported to Landlord within Ns tfineframe shah be presented to have occurred after Residents acceptance Or daring Residents occupancy of the Premises Reseed strati tise all reasonable deform in the axe of the Premised *Id shall 'Medan the Prang In safe and -sanitary cendidonRealdent may nc2 melte any *laetrile, addaensi, repent or fimtprosernents (eArleralions, to the Premises velond the swots ' ltten consent Of Landlord If approved, eriy Abraham ghee be at Readereit sole ebst and expanse: AU Alterations shell becomes the property of Landlord and shall be surrendered with the Premises et the me:green or temenatfen of** Lease. In Lancelets see discretion, Landlord may request that Resident ruts° Akaations erre restore the Premises touts. er gfnai oondibon at Resident's see wawa" name weer and test accepted. No hole shall be felled into the welts, woodwork or floors. The inslalleren of an antenna, a direct satellite dish, addi ere telephone or o Ia lines and <setlete, oedema vim, en alarm system, end Omaha the toots or trmetai % additional docks are not permitted by Landlords prior war cement. Resident movie erasting lord as safe end cement' in the event Resident changes or adds locks or s *ekes, keys and access shaft be furnished to Landlord. Resider* shell not came* Landlemd'e fixtures, appliances, furniture, and/or funiehiegs from the Phinues for any purposes. RESIDENT VOLUNTARILY WAIVES LANDLORD'S OBLIGATIONS AS Nee FORTH iN SECTION Se81(2XeX1.6), FLORIDA STATUTES. RESIDENT ACKNOWLEDGES AND UNDERSTANDS THAT RESIDENT SNAIL BE SOLELY RESPONSIBLE FOR THE TREATMENT, EXTERMINATION AND REMOVAL OF BED DUGS, IN THE EVENT RESIDENT MUST VACATE THE PREMISS S iN ORDER TO TREAT THE PREMISES FOR BED WA RESIDED' SHALL, REMAIN R SPONS(ELE FOR ALL REAM .AS SAME COMES DUE AND ALL COSTS ASSOC! TED !MTH TREATMENT AND RESIDENT'S VACATION OF THE PREMISES. Ind take ln1b 1p .lG 8. FAILURE To OCCUPY! if Resident fads to occupy the Premises in *academe with this Lease, en amount equal to one mantel's rent pies themes and lost rent aelt be due end payable to Lendkrd es liquidated idated damages (at autarnaticepy existed d allowed under epee:elle law ) g USE AND OCCUPANCY OF PREMISLS. The Prenlaes shall only be used by Resident as a private residence. ram. gebtefffe In order to change moanena a a, Resident must remise prig written consent of Landlord, and faker all eeestlfing separator) procedures. Persons not hated below may not ascuey f p nfses far more than three j eo MO' aori rrxxtth oerad. The Premises shall be occupied by. Grime Morris IL 16 NO WARRANTY OF MANTAML ITT: Landlord makes nC reseesereatki n or protases with r pite to the Premisesor Apace Community, moat as Weisser let forth helve. Lsndkxd hereby dts'alainrms are, Warranty of Hebgebeity covering the Preireees and Resided hereby knowingly; vdurntarity and for Xiequate oonsktemtfon wives any suotr Warranty of HaletabNyi It being werresely agreed and understood that Reactant tea Ireptertal the Promos and Meets it In Its "AS IS" Meat cendtban as habibtele, ft for living arm/ suitable fa' Res purposes. Resident further expreesly egrets that, to the fullest edsnt allowed by law,.Laidlord shall hats no duty a abOgaten wh , unless otherwise exereseed Were to make any subsequent Tepees to the Premises, or any part thereof, duff g the Twit of ells Lease that effect or may affect the habitats q+ of the Peomiset or the physical health Or sets y of the Resident. vthelher err not the Premises leer in a stare of r by team of ordinary wry and tear a othetease, Resident .- end the the rent rev . by the mess hereto Nee prdo meant the fact that the Premises is bemng rented ym Its °AS LS" present condition 11. MOVE -OUT NOTICE: In el Warms under the covenants, tams and conditions of dies Lease; Resident must gl++e Laxgord THIRTY go) DAYS advance' written mete of Resident's Intention to moue out tithe Premises. Notwithstanding anything centered In ails Lease to the contrary, Ree test's move -out notice vie not termlrata the (.ease sooner than the end of the Lease Term or Memel period eccwit ea spectecally set forth and r P , # 26 hereof. A verbal move -out notice whale not be sufficient and will not be ecaepted by Landlord Lieldlorde written farms If Reardent faits to give TtfRTY (80).DAYS written notice or ff Resident moves out without merit bare paid in full for the mire lnitial:�. _ ._ APARTMENT LEASE AGREEMENT Leese Term Or applicable renewal period, Resident shtil be in Default of the Leese and liable fer RI costs of curing the Default as eel forth • Lae& 12 HOLDOVER/FAILURE TO VACATE AFTER NOTICE: If Resident fele to give TIHRTY (30) DAYS scheme written noiloo for vacating the Piernises provided el Paragraph 11 above or fails to ocimptetely vacate the Ptemisees prior to the &AVM of the notices Residell elleN be ire Mho for TWO (2) TIMES the delly prorated rent and all other damage* melded tor under this Leah or (b) Landlord may mellitater Resident to have automatically renewed the Lease oh a monthoto-month basis Which shall thelude on additional/6040 per Month fee. 13, RULES AND REGULATIONea Reeident, Reek/ants ferrety, guests and invitees rhea only sisal all rules and reettations now or hammier Made by Landon) fir the Premises and/or Apartment Community, &bout limitation_ The pried niers and tuna era deviled hereto end Incommated into the Lew for all manses, Reektent agiee. to obeyall taw a and ordirerews altellosbie to the Preettees and Apartment Demote- Resident Medi twit etteetge In any activities In or on the Prerrikee or Apartment Canmuraty of art gaga! nature, purpose or Cunt, Resident Metier agree* teat Resilient% an4ty ir heelee or guests shall neVer oe tkettrearly, boistereuer or Uniatittil and shall not deiturb the rights, comforts and conveniences of ether Residents of the Mietrnent Contritunity. Resident Resident's family Mhos and guests May not bring dangerous or hazardous rattail& into the Pontos (Including but without limitation guns. knives, and firetroks or unoehorized chemicals), Failure to keep and observe &ski rules shoe constitute s matenal breach ill this Lease, in the same manner as rf ad Mee were contained Martin Resident, feeelent's farnily, Invitees and volts Ethan convey witha federal, state, Municipal and all other lows and ordinances, met shall not sonnet any act wheels a sweence or annoyanos to the Apartment Crams* or surround** neighborhood. 14, DEFAULT: Rodent hereby expressly agrees the a default tinder this Lease shall bis deemed to have occurred if (a) Resident falls to pay rent for FIVE (0) DAYS after that rent is Mee de Resident feefo faithfully pertain any of the covenantsearms or conditions of this Uwe; (c) Resident makers any mieleadieg. incorrect or untrue statements in Resident% Applicaban fcr Apartment Lease (d) the Premises betimes vaiemt, deserted cc *endorsed (Mead as Residenta absence from the Proem ft:t e Period of time. defined by lere while we Potion of any rental payment is delinquent); (e) Resident yok/Why or involuntanly takes advantage or any **ter rebel Proceedings ended' any Preserd or future Itteo vsteeeby the rental or any part thereof, es or proposes to be, reduced er pent thereof deferred, (f) Reratient, Raeder& rarefy, nettles re guests enema tn any conduct or actvtty domed °bite -tone& or Improper In the opinion of the Landlord: or, (g) Resident othrewise violates or arts contrawintlon to the covenants, twine and conditions of this Lease. Upon defiant by the Resident, the Landlord, in additexi to all other remedies given to Lerxtord tn Law or Equity, may by THREE (3) DAYS ono wniten nattce te Resident temanate Restdent's terene without tetrairating this Lease, reenter the Premises by summary or other court procescerge, ct forcible enter/detainer to the fullest Went permitted by taw, end °been a Wilt a press thereby, or otherwise dierkfaireee the Resident. In addeore Landlord may &Tektite and declare the entre unpaid rent for the Term of this Leese to be iinmethatety due and payable. If Umetiord elects to terminate the HeSafent'S ngtt to pcseessen hey, wrthout taminating the Lease as abote eteeded, or if this Lease is terminated for any reason vetatstiewer, the Landlord may remove al of Resets& pato& en/Petty from the Premises And studs semen shed not release Resident born Resident's obceallori. to pay rent herein eatterved, as well as all reasonable cods snd operees neceseay for the removetof Reseants persona property, The Loneliest may make repairs, atteritions and adeetrons In and tolls Premises andeedecorale the sone to the Meet extent deemed by the Laxiked neceesery or desire& Upon drum In tonne, Resident shalt pay I& cost thee& and Landtord's expense* of reeding the Prenese, thelading commissions. Sires payment shall be applied first to the erises nouned by Latellord in entering and retetting the Premises and then to the rent due under the Lease Recident shall roman ethle fOr any deficiency irl the trial amount due under staid Lease. tithe rent collected by the Landlord upon are such reletono are not sulliolent to pay merit/Ile the fill amount of the rent reserved herein, together With the eons of au& repairs, reelacements, alterations, eldelerie, redeccrating, advaresements, brokerage fees, me Owe expenses caused by Resident's breach of any of the trine Of tia Lease, the Resklent shall pay to the Landed the evnount of each monthlydeficiency upon demand in vetting, end if the raid se collected then any such relettrig Is mere hill Stiff -Went to pay the fun amount at the rent reserved her& together with such coeds and operates of Lament the Landlord et the end of the Term of the Lease shall treeteint for any eutplueto the Resident upon demand in wenMy personal prceerty removed from the Premises by the Landlord is at the rtsk and meere tha Resident and the Landlord shall not be responsible for the preservation or safekeeping thereof The Laniard shalt hoe a ken against sad properly for any weft 01 expenses inemed by such rankled including el sewage charges against such properly isnd any &or charges due tended from Restdent under the covenants, terms arid ccriditons of the Lease arch sue* charges shall be payable on demand. In addition to el otter remedies presided herein, Reakient agrees to compensate Landlord for tre reaeonsble operettas reasseety to enforce this Lease and to collect the lends or damages for breach of this tease, inetuding but not tended to, at court costs mid reasonable attorneys fete Interred In tionnection thereaseh. if Resident vet:etas or Is inacted from the apattment prior to the expiration of the original Teen or any renewal Wens which nclude any portion of themmaining Term of this Lease or any mower! Term thereof, then Tenant shalt iv the sum of two honied dollars ($200,60) as a *easing fee far Lendlerd's e:lenses in °beating a new Tenant to lease the vartment. The Wowing fee and the Tenant's liability therefore is in addition to aid not tn lieu of ell rent and other damagee for which Tenant May be Babied water this Leese, 16, CONTINUING OBLIGATION: No &cite by Landlord to tenet& thin Lease et Tartrate right of the possession of the Premises referee Resident of Residents lightly for rent and se other obligations under this Lease. wheel will survive and renter, In full forte and effect throughout Resident's tenancy re9enteee of whether such tenancy Is morittetoeweith, at sufferance or of any other type ot teneeray recognized by lave Said tegat notion shall not relieve Lessee of the obegation of paying the &Hoe of the rent due under the Labe Resktente &radon to pay the balance re rent stated In the Lease *Mae only be relieved by ether the conbriung payment of the motley rent until the end of the Lease or untt Landlord mitigates said rent obligation by releasing the Premises. In. the mod Of any breach of this Wee or any of its lanes by Resident, the Landlord, at his eptico, may terminate the Leese annular resume pOsseasiOn. of the Premises and hold Tenant ea& for any and all firture accruing rents ita CONTRACTUAL LtEle Resident due, by the execution of the Lease, grant to Landlord en actress contract lien and moiety interest in end opal all futures, goods end personal property of the Resident no/ or hereafter *teed in or upon the Premises In order to swum the prompt pawned of rent Oven proveded, and for the kill compliance by the Resident of seagreements and covenants hereunder. The Contract ken ahaa be in addition to such stalutcry ewe as Landon1 may he under end by virtue of the laws, presently eateeng or as may be emended, ot the State Of Florida In ratter to mearcise tottractual or statutory lien rights elven Rend& is in defied hereunder, Lendkall, tri tee freest extent Mowed under applicable law, may peacefully enter the Premises and remove and store ell property thereat. welt property eeernPt by statute Weeded. Newer dent awn be presort or othen rice of entry mot be lett afterward, 11 ABANDONED ARTICLES: Subject to applicable law, all retirees left in or upon the Premises by the Resident at the end of this Lease for any reason, shall be disposed of by the Landord In a manner as Landlord may see et and proper Initials APARTMENT LEASE AGREEMENT 18, CRIMINAL ACTIVITY: Reeideed, Resider/es ramify and anyguest orother lemon ender Re se its calrisd or supervision, shall not engage in any =Mel activity, including [irritation Drug -Related *Menet ac 1 ty, on or rear the Predates or Apmenest C rbdy. "Drigeeekited C Aothilty" mew the ittegal nerrerfarare, ode, dm, or tone a>4 any controlled substenta tie defined tit Simeon 102 of the Contrdied Substance Act (2.1 U.S C., 802) Resident stiall not permit the Premises to be aired for cr to facilitate in any crirranal activity, Indudng Otte -Related Crean* Aativey an or new the Apartment Caraway, Inadditi n, Resider shall rest'ergegein actor of violence rx tweets at valence, occluding but riot kI fl U to, theetelseekt decharm of firearm, en or Meal the Apartmeot cornamnity, A siaigle Violation of any of these amiss be considered a serious and substanttel violation ot, and eaten* nonoone tsneawith. this Leese: I to understood end agreed lid a *note Violation chat be good and sufficient case fa- an immediate teenination-of the Lase by Landlord without opportunity to cure. ,Unless otherothermse prodded by law, proof of violation under flue praoreph shell net requure crimbnae on, but shell be by a preponderenre re the evidence, 19. REPAIRS AND REEMBURSI NTS BY R81Dieff: Reiterant egress to report promptly, In min to Leregorri when any partkel of the Preemies Is out of repair, and to promptly reimburse Lendirct for any darnme to The Referees or furnielengs thereof mewed by the neglig moose. or any other obameno& attributable to Reektenn , s fenike rabies or guest. •Any eleotrical or mechanical equipment in the Protease, including but not hooted to a dishweeher, weep disposal, range and even, refrigerator and freezing saute; site fan, heating and air condemning .- rat leather end dryer will be derailed to Residere n good working , it is eVregaltf Undelta0d that :Resilient will p , tervice and maintain all such equipmernt tired SUffelder same In good worklog order as the end of Oils Lease, My oemioe, rantensece a- repot for ofw than wcin parts or equ?pmerd viNt be et the Resident's see 6= #'; ,1 .qa <'! ..r :x kolOgfigigigeogoill.gesitlidtegeReskent h.,,, the aeht :: ,�.�, i :� :. ter". Ownt isr*er'Wooster'r ally foreign or Inirireaper dot tit at sxcltssivdir serve Resident's dwraiin lb) daamelpa ems. Y d90Le or and ice u .. fro Yahtdervs em e tom& o i.. Seth reurltuasenmrt shell be as kmiadtateiy upon demand by tanzeort Landicrd'a feasts or d in elemending reerroursements, lately/merit charges, returned cheek charges, ar saner urns due from Reskiere, shell net :be a Waaists thereof, and Lamilord may demand sane et any time, incluang at o Mimeos rnoverout 20. EWS LIABILITY AND INDEMNITY: As addition* corsideraton fog Landlord witedm Ste t8s Lease, and tothe tee* satent allowed by law, Landloee retail not be liableto Refit, or Resident's family, rates* or guests for any damages ehr losses to person or property saved by otter Residents of to Apartment Commoner or other pawns, Resident shire$ to eel amity and hold Landlord howlers from and Venal any end at elms figdernages to property or person arising from Residents use of tie'Pramdees, or from any activity, work or thing done, permitted or auffeted by Resident in or ribs the Lesidlo d shade not be Gable for passel injury a damage or ices of $ penionel property (runtime, pwuelry, clothing, ng, electronic drakes, atc.) feint theft, vadafisrre m, wad (frost, Ica steam, ran storms, etc. ), smoke, heat, odd, fading plaster, sewers or sewer gas, adore, noise, leralring or lusting pipes, operations of plumbing, eta tdoel or air conditioning or hsebnp syttems, neglect cx actions of cthei Rewdatd's or visitors of the Apartment Oorrneutty. ereptitsions, sonic booms, or any other uses vttatsgever unless the same Is due to the gross negtig oce al the Lanceted. . If any of L ere niddeetad to render any SWAM such se moving automobiles, treadling furniture, cleaning, signer for or deiiuering peoleges, or any other service net axesinplieed In tilts Lease such employees shaft be deemed the agent of Resident regardteea of icfteifher payment is arranged for such service and Resided egress to Indenarify and had landlord harmless from ell loss suffered by Resident or ether parson in any of aforesaid orreumsferrees. Landlord Ghat have no duly to furnish emcee detectors except es speadioaty required by eppe:Abls dew, when smoke deteotom are fare -shed Landlord wl test same and provide initial batteries, if battery operated, upon Leese c onuneneement thereafter, Retaagot shod rnttace erkt ow f r se deteetor Nattalgslose Ottefted far their wooer and Ir Elided tit landlord does not provide any wieldy dates or secxaily ntecttedsms for the pwpaae nt proteotng any Residents end arch services ce manes isms we provided solely forte protection of the Landlord's property ar d not for the prclection of any Residents. Any benefit Residents reams as a result of such SerVieeS or mechanisms are only to heir mdstenoe. Resided stet do vestever Reeideot deems necessary to preleot Reakient, as wee we Resident's Maly, guests and inseam, from crime, •act dent or natural osteethphs, Resident sheared contact the local law enforcement agency if Resident is in need. IInasty Meows. to caws of emergency, Resident should cads "911". Resident tmderstande that Landlord may rear mossiest or'serer:e w tlati gs tradable fir lodivau►.a, t29tu,beriees fire lone violations, problems with outdoor lightiing and armlet problems: Resident agrees and understands that any measures Larded has taken a lies regard is norther a peeper force nor a guarenteed determent to cants. In the event of cilm,nel acteety, than pace deportment to to bo contacted first by Resident end Resident understands and egress that Lendiad may utter or eeriest the petrol raves d' Mehra*, or f any without Residents knowledge or consent Further, Resident understands grid wows tied Landlord his no obligation or kitty for this eclie ar onesssaons, wtsger negls"gent, intentional or of envwse, of any merit or employee of the petrol company, If amicable, cr d any, or any patrol rbmpany subsequently retained by l arxliani, Resident recognizes that Landlord am es leg* rep/sometime do not guarantee, warrant or as*ure Resident's personatsecurtbii aril are timttrrd in their liability to provide protectiana_ enearsntee or / that there 'MO beno etinOnei gif rimed.and teederelentlewal rams that Residenes owe and ~la ja . es 21. DAMAGE OR DESTRUCTION OF PREMISES: in the event of demmes to the Prenises by firs. water or other hazird, or in the event of matfum:eon of utilities, Resident sheaf Immediately notify L.endtord. If the damages are such that ocoupeney can be continued, Landlord Witt make such mats aa needed w tten a reastneMe period of tins and rent ahatl not abate atoning the period March tepabs, If, in Lsndlesrd s sole opinion, the Preamoit are so reneged as to be unfitfor ocoupw cy, and Lendlord elate to make such repairs, trite rent prorjded in this Lama shah abate during the period of time when the Prenteas we riot ready for acwpancy, butin'Blether respects the terms and macrons .of this Leese elall continue in MI force and effect. In teem*. the Pia nets Eta to ddmrmged er tiashoyad as to be, in the see opinion d the Lwiread, incapable of being estrafeafonty mpaired, than et the meal of the Landlord, (I) ties Lease shall terminate end R and be Ude only for resit* payments up to the date of such deer -echo"; or (a) Resident may be offered a comparable regal it urn an the y for the remaining Terra of the Lie. 22, RENTER'S INSURANCE: Resident understands and agrees that Landlord, Its agents, emPoyyeas and legal representatms we not liable to Resident, Resident's family, guests and inwiteet from hisses of thus property dos to thef, fire, wraoke, rain, flood, wa6er leaks, hail., ice, snow, lightning, wind end from all other tosses not directly resulting from Landlord's gust negligence Residers is solely rasp:risible for insurance an Resident's personal property for ey suet; cute* losses and Resident shook cbtoin insurance to protect in such events. ,_Isere. '-.Il a ,e, 2S. RIGHT OF ENTRY:. The Laaruford may enter the Premiers. (a) in the rase of an emergency; (b) to make necessary or ;,•,>eel tepes. deooatione, alterations or erten: arse :be or for preventable mekdanatce, pest control, Inepeotto ns or smoke Lei W kxs and waterbeds or to suppay necesbes'y or agreed services; (c) to show the Premises to erosPeohY0 or actual purchasers. mortgagees.. Metiers, potential residents; Workmen and a:lienectone; (d) when the Resident hes abandoned ar surrendered the Pnennisea ,or to detenme If Resident has abandoned the Premises; or (e) sue IR dal proceedings. my such entry by landlord shall be efer the Landlord has given Resident reasonable notes of udent to enter; Initial APARTMENT LEASE AGREEMENT as tanned by, arid pursuantto, applicathe Lew and Where erosible, during normal hetet limes, adore in the case of an einergency, le no event shall Tenant unreasonably vAhhold Residents comae for Landlords requated entry 24, suamniNG AND ASSIGNMENT: Subletting, ass or sewing a repitement Resident shall not be teowed under any circumstances without the express pnor written approval of leaked teach wool may be nelthelti for eny or for no reason 25, OWNER'S OOLIGATIONS COMMON AREAS!' Lanthad averse to neaten all canteen are of the Apartheid Commurety, acludlier tha Premises, in a clean and sanitary condition; to campy Wet requitement of meltable stale and Idol budding, housing and health codes, and to make all rotatable repairs Noteithstanding the noregong, Landlord MO ret be teatxtherble to Resident fir cienaliens Created or caused by the wongful or negligent acts or unctions of Resident. ResIdert's featly, mites aid guests, ether third pates or any other Fie:ardente, Unties specifically aulhonzed by applicable let Resided tea no right to the, witttheed, Offset or abates eacrew rent parteeta•at sof ere for sely reason 26. MILITARY CLAUSE! In the evert Resident ie or lethonee a ember of the United States Armed Forces on extencled active duty and remits "changeokluty" crdes to depart the "local areet", or Is reheat froth euch duty, Retiree may terminals Ws Lease by giving Mtn? (a) DAYS prior written notes to Landlord when possible, provided Radiant Is otherwise not in dada As a condttion to such early termetation, Resident stall furneh Leaden! a certified copy of the °tide orders which warrants tenernaeon of the Lens etffiltary adees wetting base housing do not ezattete "ithangeofeduty" faders hereundel, ie the event Resident dens this Keay Clete to eerily terminate the Ledge, the Styr Dote via be refunded provided that al the covenant, terms and arialicos set forth in this Leta ere property and filly ampere with by the Resident rOrr LIENis ORSALE% Landlord of the Apartment Commix* avid encumber the Pratte edict the Maimed Community by martgega(e) andI deed(s) ot trust and any such present or future reartgage(s) or deed(*) of bast and all renewals, conedelations, rnottificadats, replacements aid/or extensions threat end al advaves made or to be made thereunder so given shad be a Den on the tend and buildings superior to the rite of Resident Foredosure a any mortgage a sole of the Apettereet Corinitirifty seal not candela* a ceettuoted abolten of Resident. Resident agrees to aft om arty mortgagee or purchaser of the Martnent Coinitenity as if this Leese VMS by and between Resident, as Resident, aid such mortgagee or purchaser, as Landlord and Resider* emcee to ampule ail agreements reasonably requested by any suds Mortgagee ee Purchaser to mance sad atornmeit, Resident further agrees not to record this Leese, My sae of the Aparbeent Correnunity or any pal thereof shell not affect the Lease or eny of the obligate; of Resident hereunder, but uport such sale Landlord shad be released from an obligations hereunder and Resident shall took solely ta tie new ownsr ef the Apartment Canner* for the performance ct the duties 01 "Landlord" hereunder and after the date testae sale 28. RESIDENT INFORMATION: If Resident hap supplied Infemattento Leaked by mions of a nisi applardion or ander document Resided covenants that at such infearialion was given voluntarily and takingly by Raided and. if ay such information poet le be false ct nalleeding, Landlord shall have the right totrineete this Leese. In when went Resided shall enmecketedy surrender the Premises, le, SUCCESSORS: The tonne and widest contained in LNG Lease ithed ba bindeig epee and inure to the benefit 01 Landlord end Resident and thew respective heirs executors, airnintatrator, paraxial rereesentativas, successors and assigns (subtet to Par. 24 dove). 30, NOTICES! Any notes or doeurnent requinsd mantled to be delivered hereunder shad be deerried to be detente, whether actually received ot not, What, deposited in the Untied States Mitt, poidage prepaid, tended or registered mail and addend! to Resident et the Premises and to Landlord al the office address of the Apertirent Cream* (or at such ldose or addresses as Letreard may from time to time designate to Resident), Penal delves( of eny Rich notice or dominant by Lendlorel to Reeked et the Protases shall also be eft diva delivery trounces'. 31. GENERAL! No ore agreements have been entered into wee redact to this Lease end this Lease oath% the attire agreement between Landlord and Resident, This Lease shall not ben:dead in any regard except by a %viten form (Nodded by Landlord and signed by Resident and Landlord, In the event of mere than One Resident, each Resident le faintly and sever* tele for the payment of rent and each mention of this Leese. Each Resident states that he or she is of lest age and has the marital eta* to enter into a binding lease. A Roseate spouse, corResiderit or occident that has pennareritly moved Out accadtng to en arida* by a rereenbt Resident, is at Landlord% option, no longer entitled to occupancy et keys AN abons hereunder are to be peened in the +aunty eed stabs where the Apartment Commune& is lotted 32. SEVERABILITY: If any Hausa or menislon of the Lease is held to he ilieger, invalid or unenforceable under present or future laws dunng the Term of this Lease, then it s the Intentirm a Resident and Landed thst the remainder of tea Lease shall not be affected thereby . It is also the interitlon of Resident and Lenolord that if a clause or prevision is het to be Segal, invalid a unentoeable, there be added as part of this Lease a dame or provision es tat in terrac to such Regal, invetid or unenforceable deem or piston as may be possible and be heel legal, valid and enforceable 33, COUNTERPARTS: This Lease May be eaduted *I Counterparts, vet at !east ONE (I) COPY trainee! to Resident 34. ENVIRONMENTAL MATTERS! As *atone MnSidaratiOn for Landlord entering into this Lease. and to the Anklet extent allowed by liew, Resident, for himself, his halteasigne, pasts, wid ail others dating by, through, or under her, who may true in, or otherwise use the Promisee, hereby re) eopressly asserts and moats any and di rite related to the presence in the Madman Caraway of any end an potentially hazardous health subtheme, (b) wawa all deem end causes of aceon et any lend or nature, et law or in equity, including but rat limited to, clefts or causes of arisen awry by statute, ordinance, rule, reettabon or tender provision, menet the Landlord, its agents, principles, employees, legal representatives, Aides, agaigneas. suoceseers iri saved, parinefa, allanftidara, 0111cere and directors Mean collectively called the Landlord Affiliates") WM respect to any petentlagy tiaterdasi heat issues wowing. in connective vvith ibe presence m the Apartment Community of Melones containhreardoos substances; and. (c) agrees to defend, indemnify and hold hamlet Lenedord and leotard Affiliates against end from ery and all atone, deems, dermas, tallies, leases: damages and erieseaci of vrhattioiwer land, including, bit not kneed to, attorney's fees et both the Inal and Watt levels, that Landlord and Landlord affiliate el any time Bunten or incur by maw of eny end all claims asserted against them to tee etetent that such claims arise out of or ere based upon any potentlaly hamlet health substances in, on or about the Aparimerit .Cionenunity a' other potent* adverse ertermenental miters affecting the Premises er eny prat retie Apartment Community 3e, RADON GAS: landlord is requited by Florida Stabile 404,456(8) Idaho/tits feldeteAREnettflostino 10 YOU - "Radon Is a nourally occurring radioactive aise that, when it lees acomnutated le a bulldog lti sufficient euentittee, may present health /4-7 APARTMENT LEASE AGREEMENT risks to parsons who ere exposed .to It over tills. Lavoie of Radon gust exceed federal end state guidelines have been found m buntings in Florida. Addmmenal information regarding radon and radon besting mey be obtepred frorn your "county public health unit," 38. LIMITATION OF OWNER'S PERSONAL LIABILITY: Feistiest specifically agrees to look greedy to the Management Cosy, Walla Begs Property Marrogernont, U.C, who menages the Apartment Cornrow* cc behsIf of Landlord, for the rears* of are, judgment against landlord, t being agreed that Management Company end Landlord (and Its officers, dieters, employees, partners end aherstokters) shall near be personally liable for soon judgment, The prevision contend In the Annaba semen= is not intended to, at shag not, Emit any right that Resident might otherwise hove to obtain iryunotIve relief agahet Landlord or Landlord's suocerreara-in-interest or any awl or action in coinnecacii wsth ardvoe tent. or collection of arncunta Oath maybe reins or payable under or on eccaint of Insurenro =intoned by Landlord. 37. 8PEOIAL PROVISIONS OR ADDITIONAL AGREEiMENT; 38: FAIR HOUSING: In accerdanas wigs all applicable Iews, this Apafrtrnent Communfy is offered v tthen8 respect to handicap, fembel or marital status, race, annex, religion, sax, or national origin of Resident. SS. MISCELLANEOUS: This lease, the Rental Application and en attachments shag constitute the roll understanding between Resident and L.ancilxd and no other Agreement, unless In voting and signed by Resident and l andlaid, ahell be binding upon the Landlord. This is a teas%' Ming document. Read the entire Leaessegg ILi 40. APARTMENT LEASE ADDENDUM EARLY TERMINATION OF LEASE; I agree to pi' ,$4.1011.90 _ (ain mount thet does not seised 2 months' runt) es tigwfa ked damages or an eatty tenilini tton feet I elect to teens the :tertal agreerasnt, and the landlord wants the vi ht to seek edam,* rent beiond the month in which the / 7landto'd pones sit. '' A 1/C-11 do not agree to pay liquidated damages andior an early termination fee and I acluiontedge that the landlord may ma drinegireas pritaiiid oy law in the eves! that 1 terminate this rental weeniest before it ends. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER aaa FLORIDA STATUTES, THE LANDLORD $HALL NOT Be I IAFN R OR RESPONSIBLE FOR STORAGE OR 'DISPOSITION OF THE TENANT'S PER$OHAL PROPERTY. .R‘SIDENT OR RESIDENTS: OCEANSIDE PALMS , LLC ((d Date 9 r ores Ar3erst Date 321 Johnson Street APARTMENT LEASE AGREEMENT This Apartment Lease Agreement ("Lease") made on 1/7/2022 by and between WELLS BOYS AND GIRLS PROPERTY MANAGEMENT, LLC ("WBAG'), who manages for and on behalf of OCEANSIDE PALMS , LLC 321 Johnson Street ("Landlord") and George Morris and jointly and severally,("Resident"). 1. PREMISES: Landlord, for and in consideration of the rents to be paid and the covenants, terms and conditions to be performed and observed by Resident, set forth in this Lease and all agreements executed simultaneously herewith, does hereby rent and lease to Resident the following Rental Unit: APARTMENT NUMBER A•10, 321 Johnson Avenue, Cape Canaveral, FL, 32920 In OCEANSIDE PALMS , LLC 321 Johnson Street ( "Apartment Communitn, together with the appliances contained therein ("Premises"), 2. TERM: This Lease shall begin on 2/1/2022 and end on 1/31/2023 ("Term"). Resident shall be bound by the covenants, terms and conditions of tills Lease as of the date Resident moves in, In the event occupancy is delayed beyond the beginning of the Term, Landlord shall not be liable to Resident for such delay, and this Lease shall remain In force and effect subject only to the following: (a) The rent shall be abated on a daily prorated basis during the delay and (b) In the event occupancy is delayed SEVEN (7) DAYS, Resident may terminate this Lease by giving written notice to Landlord, whereupon Resident shall be entitled to a full refund of Resident's security deposit and any prepaid rent, Provisions (a) and (b) shall not apply if the cleaning and repairs do not prevent Resident's occupancy of the Premises. 3. RENT: Resident agrees to pay rent to Landlord In the total amount of $11.580.00 for the Term of this Lease. a. Resident shall pay rent In advance, without offset or demand in equal monthly installments of $965.00 on or before the FIRST (15t) DAY of each month of the Term Prorated Rent Resident shell pay rent from NIA until NJA In the amount of $ 0.00 c Late Fees: If rent is not paid by the FIFTH (5th) DAY of the month, Resident shell pay a late fee equal to $96.50 TEN (10%) PERCENT of the me ithly rent due. Late fees shall be additional rent, d Dishonored Checks: If Resident's check fails to clear for any reason, an additional service charge of $35.00 will be assessed in addition to the late charge. 53• Senior Citizen Discount: Resident Is 65 years of age and will receive a monthly discount of $ ( 0.00 ) f. Cable/Intemet Charge: Resident agrees to pay Landlord $ 40.00 each month as additional rent. g: Washing Machine: Resident shall not install a clothes washer in the Premises without written permission from Landlord. If Resident Installs a clothes washer on the Premises Resident shall pay 0.00 each month as additional rent. h. Pet Rent: / Resident shall not maintain pets in the Premises. / Resident agrees to pay 10,00 each month as additional rent for maintaining a pet In the Premises. I. Water Charge: Resident agrees to pay Landlord $ 0,00 each month as additional rent. L Month -to -Month: Unless Resident renews this Lease before the end of the Term, this Lease shall automatically become a "Month -to -Month Lease", Resident shall pay Landlord rent In the amount of $ 1050.00 plus $100.00 each month on or before the FIRST (1st) Day of each month of this Month -to -Month Lease. Resident shall continue to owe any additional rent charges set forth in paragraphs 3 (c.)-(l.) of this Lease. Rent shall be payeble at the on -site Leasing/Business Office, or at such place as Landlord may from time to time designate in writing. Resident agrees to make all payments by check, money order or cashier's check. Landlord will not accept cash under any circumstances. If Resident gives Landlord a check that Is returned for nonpayment during the Terrn of the Lease, future rent payments may, In Landlord's sole discretion, be payable by cashier's check or money order only. Notwithstanding anything contained herein to the contrary, there Is no grace perlod for the timely payment of rent and landlord shall have no obligation to accept rent after the 5th day of the month. A rent payment received by the Landlord after the 5th day of the month Is a Default under the terns of this Lease, in which event the Landlord shall be allowed to exercise and pursue all equitable and legal remedies available to Landlord. Monies paid by the Tenant to the Landlord shall be applied to the Tenant's account in the following order: (1) To outstanding rent, late fees and dishonored checks; (2) To outstanding attorney fees and/or court cost legally chargeable to Tenant; (3) To any outstanding utility bills; (4) To damages to the Premises or Apartment Community; (5) To other outstanding rent, beginning with the most delinquent. 4. NON-REFUNDABLE/NON-TRANSFERABLE PET FEE: /_ Resident shall not maintain pets In the Premises. _/ In addition to the rent and Security Deposit provided for herein, Resident agrees to pay a one-time pet fee of $ 350.00,for each pet of any kind that is allowed In the Premises. (Please refer to Rules and Regulations.) This fee shall be payable immediately upon signing the Lease. If Resident desires to bring a pet Into the Premises at any time after the beginning of the Term of this Lease, Resident is required to get permission from the Landlord. If the Landlord approves of the pet Resident shall pay the Non -Refundable Pet Fee prior to bringing the pet into the Premises. Landlord agrees to permit the following pet(s) on the Premises: 5. SECURITY DEPOSIT: Upon signing this Lease, Resident shall pay Landlord the sum of EIGHT HUNDRED NINETY FIVE AND 00/100 ($895.00) Dollars as a Security Deposit and N.L0 as lest month's rent for the full and faithful performance of all the covenants, terms and conditions of this Lease. Under no circumstances shall the Security Deposit be construed as rent and Resident shall not apply the Security Deposit or any part thereof to the last month's rent. Resident shall not be entitled to any interest on the Security Deposit unless specifically provided for under applicable law. Where allowed by law Resident authorizes Landlord to place their Security Deposit in an Interest bearing account with interest accruing solely to the Landlord. Resident agrees to give Landlord THIRTY (30) DAYS advance written notice of vacating the Premises. Failure to do so shall, to the fullest extent allowed by law, constitute the forfeiture of the Security Deposit. Landlord may retain the Security Deposit for any Initials APARTMENT LEASE AGREEMENT amount owed to Landlord by Resident at the end of the Term or upon an event of default under this Lease, In addition, deductions from the Security Deposit shall be made for any damages to the Premises, normal wear and tear excreted, including but not limited to, excessive carpet wear, stains on the carpet, scratches, bums, stains, holes or marks on the walls, and damage to the appliances, The Security Deposit will be returned to Resident only upon the occurrence of all the following conditions: (a) pay all rent due; (b) leave the Premises In dean condition pursuant to the terms hereof; (c) provide the proper notice to vacate as provided herein; (d) return of all keys to the Landlord; (e) remove all of Resident's personal property; and (f) furnish a good forwarding address to the Landlord. If all the conditions (a) - (f) have been fully complied with by Resident, Landlord will provide Resident with an itemized accounting of any charges, damages or other sums warred by Resident within THIRTY (30) DAYS after the termination of the Lease. If the Premises is rented to more than one Resident, Landlord may send the refunded Security Deposit 10 any Resident identified herein and Landlord shall not be liable for the division of the refund between the Residents, 6. UTILITIES: Landlord agrees, at Landlord's expense, to furnish the following utility services designated below Sewer Yes Garbage Yes Water Yes Electric No Cable No Gas No Each utility service not provided by the Landlord (i.e., checked "N" above) shall be provided to the Premises at Resident's expense directly from the utility provider, Resident agrees to pay all utility charges and utility deposits assessed by the utility companies provided to the Premises and billed to Resident during the Term of this Lease and any extension thereof. If Resident falls to pay all utility charges assessed by these utility companies for which Resident has agreed to pay and If Landlord Is assessed for these utility services, then, to the extent permitted by law, Landlord may pay these utility assessments and subtract a like amount from Resident's Security Deposit. Resident shall place the appropriate utilities In Resident's name on or before the move -in date, In the event Resident falls to place the appropriate utilities In Residents name, Landlord shall assess a pro rata utility charge as additional rent for the period from move -In until such time as utilities are placed In Resident's name, together with a FIFTY ($50.00) DOLLAR service charge. Utilities shall be for ordinary household purposes only. Landlord shall not be liable for the Interruption or failure ors utllity services pad for by Landlord or any damages caused thereby. Landlord shall use reasonable diligence In its efforts to restore such services within Its control. If electricity Is Interrupted use battery operated lighting only. Landlord may modify which utilities are furnished to the Premises and/or billed to the Resident during the Term of this Lease, including, but not limited to, sub -metering of the Premises for certain utility services or billing Resident for utilities previously included with the rent. In the event Landlord chooses to modify utility service to the Premises, Landlord will give Resident not less than Sixty(60) DAYS prior written notice of such modification. Cable TV charges may be changed by the cable operator during the Tenn of this Lease. 7. ACCEPTANCE AND CARE OF THE PREMISES: Resident has examined and accepted the Premises in Its "AS IS" condition and agrees to take good care of the Premises. A move-in/move-out Inspection form has been provided to Resident. Resident shall note any defects or damages on the form and retum it to Landlord within SEVENTY-TWO (72) HOURS of moving In. Defects and damages not reported to Landlord within this tlmeframe shall be presumed to have occurred after Residents acceptance or during Resident's occupancy of the Premises. Resident shall use all reasonable diligence In the care of the Premises and shall maintain the Premises In a safe and sanitary condition. Resident may not make any alterations, additions, repairs or improvements ("Alterations") to the Premises without the express written consent of Landlord. If approved, any Alterations shall be at Resident's sole cost and expense, All Alterations shall become the property of Landlord and shall be surrendered with the Premises at the expiration or termination of this Lease, In Landlord's sole discretion, Landlord may request that Resident remove the Alterations and restore the Premises to Its original condition at Residents sole expense, normal wear and tear accepted. No holes shall be drilled into the walls, woodwork or floors. The installation of an antenna, a direct satellite dish, additional telephone or cable Tines and outlets, additional electrical wires, an alarm system, and changing the locks or Installing eddftional locks are not permitted except by Landlord's prior written consent, Resident accepts existing locks as safe and operational. In the event Resident changes or adds locks or security devices, keys and access shall be furnished to Landlord. Resident shall not remove Landlord's fixtures, appliances, furniture, and/or furnishings from the Premises for any purposes, RESIDENT VOLUNTARILY WAIVES LANDLORD'S OBLIGATIONS AS SET FORTH IN SECTION 83,61(2)(a)(1-5), FLORIDA STATUTES. RESIDENT ACKNOWLEDGES AND UNDERSTANDS THAT RESIDENT SHALL BE SOLELY RESPONSIBLE FOR THE TREATMENT, EXTERMINATION AND REMOVAL OF BED BUGS. IN THE EVENT RESIDENT MUST VACATE THE PREMISES IN ORDER TO TREAT THE PREMISES FOR BED BUGS, RESIDENT SHALL REMAIN RESPONSIBLE FOR ALL RENT AS SAME COMES DUE AND ALL COSTS ASSOCIATED WITH TREATMENT AND RESIDENT'S VACATION OF THE PREMISES. Initials: Initials: 8, FAILURE TO OCCUPY: If Resident falls to occupy the Premises in accordance with this Lease, an amount equal to one month's rent plus damages and lost rent will be due and payable to Landlord as liquidated damages (or automatically forfeited If allowed under applicable law.) 8. USE AND OCCUPANCY OF PREMISES. The Premises shall only be used by Resident as a private residence. Additional occupants are strictly prohibited, In order to change roommates, Resident must receive prior written consent of Larndlord, and follow all existing application procedures. Persons not listed below may not oc upv the Premises for more Than three (3) consecutive days within in any six (8) month period. The Premises shall be occupied by: Georqe Morris 10. NO WARRANTY OF HABITABILITY: Landlord makes no representation or promises with respect to the Premises or Apartment Community, except as expressly set forth herein. Landlord hereby disclaims any Warranty of Habitability covering the Premises and Resident hereby knowingly, voluntarily and for adequate consideration waives any such Warranty of Habitability; It being expressly agreed and understood that Resident has Inspected the Premises and accepts It In Its "AS IS" present condition as habitable, fit for living and suitable for Resident's residential purposes. Resident further expressly agrees that, to the fullest extent allowed by law, Landlord shall have no duty or obligation whatsoever, unless otherwise expressed herein, to make any subsequent repairs to the Premises, or any part thereof, during the Term of this Lease that effect or may affect the habitability of the Premises or the physical health or safety of the Resident, whether or not the Premises later becomes in a state of disrepair by reason of ordinary wear and tear or otherwise, Resident expressly admowledges and understands that the rent negotiated by the parties hereto takes into account the fact that the Premises is being rented In Its "AS IS" present condition. 11. MOVE -OUT NOTICE: In all Instances under the covenants, terms and conditions of this Lease, Resident must give Landlord THIRTY (30) DAYS advance written notice of Resident's intention to move out of the Premises. Notwithstanding anything contained In this Lease to the contrary, Resident's move -out notice will not terminate thls Lease sooner than the end of the Lease Term or renewal period except as specifically set forth under Paragraph # 26 hereof. A verbal move out notice shall not be sufficient and will not be accepted by Landlord. Landlord's written form should be used. If Resident falls to give THIRTY (30) DAYS written notice or if Resident moves out without rent being paid in full for the entire Initials APARTMENT LEASE AGREEMENT Lease Term or applicable renewal period, Resident shall be in Default of this Lease and liable for all costs of curing the Default as set forth in this Lease, 12. HOLDOVER/FAILURE TO VACATE AFTER NOTICE: If Resident falls to give THIRTY (30) DAYS advance written notice for vacating the Premises as provided in Paragraph 11 above or fails to completely vacate the Premises prior to the expiration of the notice, Resident shall be: (a) liable for TWO (2) TIMES the daily prorated rent and all other damages provided for under this Lease or (b) Landlord may consider Resident to have automatically renewed this Lease on a month -to -month basis which shall include an additional $50.00 per month fee. 13. RULES AND REGULATIONS: Resident, Resident's family, guests and invitees shall comply with all rules and regulations now or hereafter made by Landlord for the Premises end/or Apartment Community, without limitation, The printed rules and regulations are attached hereto and incorporated Into this Lease for all purposes, Resident agrees to obey all laws and ordinances applicable to the Premises and Apartment Community. Resident shall not engage In any activities in or on the Premises or Apartment Community of an illegal nature, purpose or intent. Resident further agrees that Resident's family, invitee's or guests shall never be disorderly, boisterous or unlawful and shall not disturb the rights, comforts and conveniences of other Residents of the Apartment Community, Resident, Residents family Invitees and guests may not bring dangerous or hazardous materials into the Premises (Including but without limitation guns, knives, and fireworks or unauthorized chemicals). Failure to keep and observe said rules shall constitute a material breach of this Lease, in the same manner as if said rules were contained herein, Resident, Resident's family, invitees and guests shall comply with all federal, state, municipal and all other laws and ordinances, and shall not commit any act which is a nuisance or annoyance to the Apartment Community or surrounding neighborhood. 14. DEFAULT: Resident hereby expressly agrees that a default under this Lease shall be deemed to have occurred if: (a) Resident fails to pay rent for FIVE (5) DAYS after that rent is due; (b) Resident fails to faithfully perform any of the covenants, terms or conditions of this Lease; (c) Resident makes any misleading, incorrect or untrue statements In Residents Application for Apartment Lease; (d) the Premises becomes vacant, deserted or abandoned (defined as Resident's absence from the Premises for a period of time, defined by law, while any portion of any rental payment is delinquent); (e) Resident voluntarily or involuntarily takes advantage of any debtor relief proceedings under any present or future law, whereby the rental or any part thereof, Is or proposes to be, reduced or payment thereof deferred; (f) Resident, Resident's family, invitees or guests engage in any conduct or activity deemed objectionable or improper in the opinion of the Landlord; or, (g) Resident otherwise violates or acts in contravention to the covenants, temp and conditions of this Lease. Upon default by the Resident, the Landlord, In addition to all other remedies given to Landlord In Law or Equity, may by THREE (3) DAYS prior written notice to Resident, temanate Resident's tenancy without terminating this Lease, re-enter the Premises by summary or other court proceedings, or forcible entry/detainer to the fullest extent permitted by law, and obtain a writ of possession thereby, or otherwise dispossess the Resident. in addition, Landlord may accelerate and declare the entire unpald rent for the Term of this Lease to be im,mediately due and payable. If Landlord elects to terminate the Resident's right to possession only, without terminating the Lease as above provided, or if this Lease Is terminated for any reason whatsoever, the Landlord may remove all of Resident's personal property from the Premises and such removal shall not release Resident from Resident's obligation to pay rent herein reserved, as well as all reasonable costs and expenses necessary for the removal of Resident's personal property. The Landlord may make repairs, alterations and additions in and to the Premises and redecorate the same to the fullest extent deemed by the Landlord necessary or desirable. Upon demand in writing, Resident shall pay the cost thereof and Landlord's expenses of reletting the Premise, including commissions. Such payment shall be applied first to the expenses incurred by Landlord In entering and reletting the Premises and then to the rent due under this Lease. Resident shall remain liable for any deficiency in the total amount due under said Lease, If the rent collected by the Landlord upon any such reietting are not sufficient to pay monthly, the full amount of the rent reserved herein, together with the costs of such repairs, replacements, alterations, additions, redecorating, advertisements, brokerage fees, and other expenses caused by Resident's breach of any of the terms of this Lease, the Resident shall pay to the Landlord the amount of each monthly deficiency upon demand in wilting, and if the rent so collected from any such reletting is more than sufficient to pay the full amount of the rent reserved herein together with such costs and expenses of Landlord, the Landlord at the end of the Term of this Lease shall account for any surplus to the Resident upon demand In writing. Any personal property removed from the Premises by the Landlord Is al the risk and expense of the Resident and the Landlord shall not be responsible for the preservation or safekeeping thereof. The Landlord shall have a lien against said property for any and all expenses Incurred by such removal including all storage charges against such property and any other charges due Landlord from Resident under the covenants, terms and conditions of this Lease and such Charges shall be payable on demand. In addition to all other remedies provided herein, Resident agrees to compensate Landlord for all reasonable expenses necessary to enforce this Lease and to collect the rents or damages for breach of this Lease, including but not limited to, all court costs and reasonable attorneys fees Incurred In connection therewith, If Resident vacates or Is evicted from the apartment prior to the expiration of the original Term or any renewal terms which Include any portion of the remaining Term of this Lease or any renewal Term thereof, then Tenant shall pay the sum of two hundred dollars ($200.00) as a re -leasing fee for Landlod's expenses In obtaining a new Tenant to lease the apartment. The re -leasing fee and the Tenant's liability therefore is In addition to and not In lieu of, all rent and other damages for which Tenant may be liable under this Lease. 15. CONTINUING OBLIGATION: No election by Landlord to terminate this Lease or Tenant's right of the possession of the Premises relieves Resident of Resident's liability for rent and all other obligations under this Lease, which will survive and remain in full force and effect throughout Resident's tenancy regardless of whether such tenancy is month -to -month, at sufferance or of any other type of tenancy recognized by law. Said legal eviction shall not relieve Lessee of the obligation of paying the balance of the rent due under the Lease. Resident's obligation to pay the balance of rent stated In this Lease shall only be relieved by either the continuing payment of the monthly rent until the end of the Lease or until Landlord mitigates setd rent obligation by releasing the Premises. In the event of any breach of this Lease or any of its terms by Resident, the Lardtord, at his option, may terminate the Lease and/or resume possession of the Premises and hold Tenant liable for any and all future accruing rents. 16. CONTRACTUAL LIEN: Resident does, by the execution of this Lease, grant to Landlord an express contract lien and security Interest in and upon all fixtures, goods and personal property of the Resident now or hereafter placed In or upon the Premises In order to secure the prompt payment of rent herein provided, and for the full compliance by the Resident of ell agreements and covenants hereunder. The contract lien shall be In addition to such statutory liens as Landlord may have under and by virtue of the laws, presently existing or as may be amended, of the State of Florida. In order to exercise contractual or statutory lien rights when Resident is in default hereunder, Landlord, to the fullest extent allowed under applicable law, may peacefully enter the Premises and remove and store all property therein, except property exempt by statute provided, however, Resident must be present or written notice of entry must be left afterward. 17. ABANDONED ARTICLES: Subject to applicable law, all articles left In or upon the Premises by the Resident at the end of this Lease for any reason, shall be disposed of by the Landlord In a manner as Landlord may see fit and proper. Initials APARTMENT LEASE AGREEMENT 18. CRIMINAL ACTIVITY: Resident, Residents family and any guest or other person under Resident's control or supervision, shall not engage in any criminal activity, Including without limitation Drug -Related Criminal activity, on or near the Premises or Apartment Community. "Drug -Related Criminal Activity' means the illegal manufacture, sale, distribution, or use of any controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 8D2). Resident shall not permit the Premises to be used for or to facilitate in any criminal activity, Including Drug -Related Criminal Activity on or near the Apartment Community. In addition, Resident shall not engage in acts of violence or threats of violence, Including but not limited to, the unlawful discharge of firearms, on or near the Apartment Community. A single violation of any of these provisions shall be considered a serious and substantial violation of, and a material noncompliance with, this Lease. It is understood and agreed that a single violation shall be good and sufficient cause for an Immediate termination of the Lease by Landlord without opportunity to cure. Unless otherwise provided by law, proof of violation under this paragraph shall not require criminal conviction, but shall be by a preponderance of the evidence. 19. REPAIRS AND REIMBURSEMENTS BY RESIDENT: Resident agrees to report promptly, In writing, to Landlord when any portion of the Premises Is out of repair, and to promptly reimburse Landlord for any damage to the Premises or furnishings thereof caused by the negligence, misuse, or any other occurrence attributable to Resident, Resident's family, invitees or guests. Any electrical or mechanical equipment In the Premises, including but not limited to, a dishwasher, garbage disposal, range and oven, refrigerator and freezing units, attic fan, heating and alr conditioning equipment, washer and dryer will be delivered to Resident n good working order. It is expressly Understood that Resident will properly operate, service and maintain all such equipment and surrender same in good worldng order at the end of this Lease. Any service, maintenance or repair for other than worn parts or equipment will be at the Residents sole expense. Except for those conditions caused by the negligence of the Landlord, Resident has the sole obligation to pay for the repair of the following conditions, including but not limited to: (a) ddmape from waste water stoppages caused by foreign or Improper oblects in lines that exclusively serve Resident's dwelling: (b).damaoe to doors, wlndpwa or screens: and (c) damage from windows or doors being open. Such reimbursement shall be due Immediately upon demand by Landlord. Landlord's failure or delay in demanding reimbursements, late -payment charges, returned check charges, or other sums due from Resident, shall not be a waiver thereof; and Landlord may demand same at any time, including at or following move -out. 20. OWNER'S LIABILITY AND INDEMNITY: As additional consideration for Landlord entering Into this Lease, and to the fullest extent allowed by law, Landlord shall not be liable to Resident, or Resident's family, invitees, or guests for any damages or losses to person or property caused by other Residents of the Apartment Community or other persons. Resident agrees to indemnify and hold Landlord harmless from and against any and all claims for damages to property or person arising from Resident's use of the Premises, or from any activity, work or thing done, permitted or suffered by Resident in or about the Premises. Landlord shall not be liable for personal injury or damage or loss of Resident's personal property (furniture, jewelry, clothing, electronic devices, etc.) from theft, vandalism, fire, water (frost, Ice, steam, rain storms, etc. ), smoke, heat, cold, failing plaster, sewers or sewer gas, odors, noise, leaking or bursting pipes, operations of plumbing, electrical or air conditioning or heating systems, neglect or actions of other Residents or visitors of the Apartment Community, explosions, sonic booms, or any other causes whatsoever unless the same Is due to the gross negligence of the Landlord. If any of Landlord's employees are requested to render any services such as moving automobiles, handling furniture, cleaning, signing for or delivering packages, or any other service riot contemplated in this Lease, such employees shall be deemed the agent of Resident regardless of whether payment Is arranged for such service and Resident agrees to indemnify and hold Landlord harmless from all Toss suffered by Resident or other person In any of aforesaid circumstances. Landlord shall have no duty to furnish smoke detectors except as specifically required by applicable law, when smoke detectors are funlshed Landlord will test same and provide initial batteries, If battery operated, upon Lease commencement, thereafter, Resident shall replace and pay for smoke detector batteries as needed for their proper and intended use. Landlord does not provide any security devices or security mecharnlsms for the purpose of protecting any Residents and such services or mechanisms are provided solely for the protection of the Landlord's property and not for the protection of any Residents. Any benefit Residents receive as a result of such services or mechanisms are only Incidental to their existence. Resident shall do whatever Resident deems necessary to protect Resident, as well as Residents family, guests and invitees, from crime, accident or natural catastrophe. Resident should contact the local law enforcement agency if Resident Is In need of security devices. In cases of emergency, Resident should call "911", Resident understands that Landlord may retain personnel or service which Is available for lockouts, disturbances, fire lane violations, problems with outdoor lighting and similar problems. Resident agrees and understands that any measures Landlord has taken in this regard is neither a pollee force nor a guaranteed deterrent to crime. In the event of criminal activity, the police department Is to be contacted first by Resident and Resident understands and agrees that Landlord may alter or cerncel the patrol service if applicable, or if any, without Residents knowledge or consent. Further, Resident understands and agrees that Landlord has no obligation or liability for the acts or omissions, whether negligent, intentional or otherwise, of any agent or employee of the patrol company, if applicable, or If any, or any patrol company subsequently retained by Landlord. Resident recognizes that Landlord and its legal representatives do not guarantee, warrant or assure Resident's personal security and are limited In their liability to provide protection. Resident understands that theprotective stegs_Landlord has taken, or may take in the future, are neither g puarantee or warranty that there will be no criminal acts or that Realdent will be free front the violent tendencies of third persons. Resident has been informed and understands and agrees that Residents personal safety and security is Resident's personal responsibility. 21. DAMAGE OR DESTRUCTION OF PREMISES: In the event of damages to the Premises by fire, water or other hazard, or in the event of malfunction of utilities, Resident shall immediately notify Landlord. ff the damages are such that occupancy can be continued, Landlord will make such repairs as needed within a reasonable period of time and rent shall not abate during the period of such repairs. If, In Landlord's sole opinion, the Premises are so damaged as to be unfit for occupancy, and Landlord elects to make such repairs, the rent provided in this Lease shall abate during the period of time when the Premises are not ready for occupancy, but in all other respects the terms and provisions of this Lease shall continue in full force and effect. In the event the Premises are so damaged or destroyed as to be, in the sole opinion of the Landlord, incapable of being satisfactorily repaired, then at the option of the Landlord, (I) this Lease shall terminate and Resident shall be liable only for rental payments up to the date of such destruction; or (li) Resident may be offered a comparable replacement apartment unit In the Apartment Community for the remaining Term of this Lease. 22, RENTER'S INSURANCE: Resident understands and agrees that Landlord, its agents, employees and legal representatives are not liable to Resident, Resident's family, guests and invitees from losses of their property due to theft, fire, smoke, rain, flood, water leaks, hall, ice, snow, lightning, wind and from all other losses not directly resulting from Landlord's gross negligence. Resident Is solely responsible for insurance on Resident's personal property for all such casualty losses and Resident should obtain Insurance to protect in such events, 23. RIGHT OF ENTRY: The Landlord may enter the Premises: (a) in the case of an emergency; (b) to make necessary or agreed repairs, decorations, alterations or Improvements, or for preventative maintenance, pest control, Inspections of smoke detectors and waterbeds or to supply necessary or agreed services; (c) to show the Premises to prospective or actual purchasers, mortgagees, Insurers, potential residents, workmen and contractors; (d) when the Resident has abandoned or surrendered the Premises or to determine if Resident has abandoned the Premises; or (e) pursuant to legal proceedings. Any such entry by Landlord shall be after the Landlord has given Resident reasonable notice of Intent to enter, Initials APARTMENT LEASE AGREEMENT as defined by, and pursuant to, applicable law and where possible, during normal business hours, except In the case of an emergency, In no event shall Tenant unreason :<+lywithhold Resident's consent for Landlord's requested entry. 24. SUBLETTING AND ASSIGNMENT: Subletting, assignment or securing a replacement Resident shall not be allowed under any circumstances without the express prior written approval of Landlord which approval may be withheld for any or for no reason. 25. OWNER'S OBLIGATIONS COMMON AREAS: Landlord agrees to maintain all common areas of the Apartment Community, excluding the Premises, in a clean and sanitary condition; to comply with requirements of applicable state and local building, housing and health codes; and to make all reasonable repairs. Notwithstanding the foregoing, Landlord shall not be responsible to Resident for conditions created or caused by the wrongful or negligent acts or omissions of Resident, Resident's family, Invitees and guests, other third parties or any other Residents. Unless specifically authorized by applicable law, Resident has no right to abate, withhold, offset or otherwise escrow rent payments at any time for any reason. 26. MILITARY CLAUSE: In the event Resident Is or becomes a member of the United States Armed Forces on extended active duty and receives "change-of-duty"orders to depart the "local area", or Is relieved from such duty, Resident may terminate thls Lease by giving THIRTY (30) DAYS prior written notice to Landlord when possible, provided Resident is otherwise not In default. As a condition to such early termination, Resident shall furnish Landlord a certified copy of the official orders which warrants termination 0f this Leese. (Military orders authorizing base housing do not constitute "change -of -duty" orders hereunder). In the event Resident utilizes this Military Clause to early terminate the Lease, the Security Deposit will be refunded provided that all the covenant, terms end conditions set forth in this Lease are property and fully complied with by the Resident. 27. LIENS OR SALES: Landlord of the Apartment Community may encumber the Premises and/or the Apartment Community by mortgage(s) and/or deed(s) of trust and any such present or future mortgage(s) or deed(s) of trust and all renewals, consolidations, modifications, replacements and/or extensions thereof and all advances made or to be made thereunder so given shall be a lien on the land and bulldings superior to the rights of Resident. Foreclosure of any mortgage or sale of the Apartment Community shall not constitute a constructive eviction of Resident. Resident agrees to attorn any mortgagee or purchaser of the Apartment Community as If this Lease was by and between Resident, as Resident, and such mortgagee or purchaser, as Landlord and Resident agrees to execute all agreements reasonably requested by any such Mortgagee or Purchaser to evidence said attomment. Resident further agrees not to record this Lease, Any sale of the Apartment Community or any part thereof shall not affect this Lease or any of the obligations of Resident hereunder, but upon such sale Landlord shall be released from all obligations hereunder and Resident shall look solely 10 the new owner of the Apartment Community for the performance of the duties of "Landlord" hereunder and after the date of such sale. 28. RESIDENT INFORMATION: If Resident has supplied Information to Landlord by means of a rental application or similar document, Resident covenants that all such Information was given voluntarily and knowingly by Resident and, if any such information proves to be false or misleading, Landlord shall have the right to terminate thls Lease, in which event Resident shall Immediately surrender the Premises, 29. SUCCESSORS: The terms and conditions contained in this Lease shall be binding upon and Inure to the benefit of Landlord and Resident and their respective heirs, executors, administrator, personal representatives, successors and assigns (subject to Paragraph 24 above). 30. NOTICES: Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States Mali, postage prepaid, certified or registered mail and addressed to Resident at the Premises and to Landlord at the office address of the Apartment Community (or at such address or addresses as Landlord may from time to time designate to Resident). Personal delivery of any such notice or document by Landlord to Resident at the Premises shall also be effective delivery hereunder, 31. GENERAL: No oral agreements have been entered Into with respect to this Lease and this Lease contains the entire agreement between Landlord and Resident. This Lease shall not be modified in any regard except by a written form provided by Landlord and signed by Resident and Landlord. In the event of more than one Resident, each Resident is jointly and severally liable for the payment of rent and each provision of this Lease, Each Resident states that he or she Is of legal age and has the mental capacity to enter into a binding lease. A Resident's spouse, co -Resident or occupant that has permenently moved out according to an affldavlt by a remaining Resident, is, at Landlord's option, no longer entitled to occupancy or keys. All obligations hereunder are to be performed in the county and state where the Apartment Community is located. 32. SEVERABILITY: If any clause or provision of this Lease is held to be Illegal, Invalid or unenforceable under present or future laws during the Term of this Lease, then It is the intention of Resident and Landlord that the remainder of this Lease shall not be affected thereby. It Is also the intention of Resident and Landlord that if a clause or provision is held to be illegal, invalid or unenforceable, there be added as part of this Lease a clause or provision as similar in terms to such illegal, Invalid or unenforceable clause or provision as may be possible and be held legal, valid and enforceable. 33. COUNTERPARTS: This Lease may be executed in counterparts, with at least ONE (1) COPY furnlshed t0 Resident. 34. ENVIRONMENTAL MATTERS: As additional consideration for Landlord entering into this Lease, and to the fullest extent allowed by law, Resident, for himself, his heirs, assigns, guests, and all others claiming by, through, or under him, who may live In, or otherwise use the Premises, hereby: (a) expressly assumes and accepts any and all risks related to the presence In the Apartment Community of any and all potentially hazardous health substances; (b) waives all claims and causes of action of any kind or nature, at law or In equity, Including but not limited to, claims or causes of action arising by statute, ordinance, rule, regulation or similar provision, against the Landlord, Its agents, principles, employees, legal representatives, affiliates, assignees, successors in interest, partners, shareholders, officers and directors (herein collectively called the "Landlord Affiliates") with respect to any potentially hazardous health Issues occurring In connection with the presence in the Apartment Community of materials containing hazardous substances; and, (c) agrees to defend, indemnify and hold harmless Landlord and Landlord Affiliates against and from any and all actions, claims, demands, liabilities, losses, damages and expenses of whatsoever kind, including, but not limited to, attorneys fees at both the trial and appellate levels, that Landlord and Landlord afflllates at any time sustain or Incur by reason of any and all claims asserted against them to the extent that such claims arise out of or are based upon any potentially hazardous health substances in, on or about the Apartment Community or other potentially adverse environmental matters affecting the Premises or any part of the Apartment Community. 35. RADON GAS: Landlord is required by Florida Statute 404.056(8) to give the following notification to you: "Radon Is a naturally occurring radioactive gas that, when It has accumulated In a building In sufficient quantities, may present health Initials APARTMENT LEASE AGREEMENT risks to persons who are exposed to It over Ume. Levels of Radon that exceed federal and state guidelines have been found In buildings In Florida. Additional Information regarding radon and radon testing may be obtained from your "county public health unit." 36. LIMITATION OF OWNER'S PERSONAL UABIUTY: Resident specifically agrees to look solely to the Management Company, Wells Boys Property Management, LLC, who manages the Apartment Community on behalf of Landlord, for the recovery of any judgment against Landlord, It being agreed that Management Company end Landlord (and its officers, directors, employees, partners and shareholders) shall never be personally liable for such Judgment. The provision contained in the foregoing sentences Is not Intended to, and shall not, limit any right that Resident might otherwise haw to obtain injunctive relief against Landlord or Landlord's successors -In -interest or any suit or action in connection with enforcement or collection of amounts which may be owing or payable under or on account of Insurance maintained by Landlord. 37. SPECIAL PROVISIONS OR ADDITIONAL AGREEMENT: 38: FAIR HOUSING: In accordance with all applicable laws, this Apartment Community Is offered without respect to handicap, familial or marital status, race, color, religion, sex, or national origin of Resident. 39. MISCELLANEOUS: This Lease, the Rental Application and all attachments shall constitute the full understanding between Resident and Landlord and no other Agreement, unless In writing and signed by Resident and Landlord, shall be binding upon the Landlord. This is a legally binding document. Read the entire Lease and any addenda before signing. 40. APARTMENT LEASE ADDENDUM - EARLY TERMINATION OF LEASE: I agree to pay $1,930.00 ( an amount that does not exceed 2 months' rent) as liquidated damages or an early termination fee If I elect to terminate the rental agreement, and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. I do not agree to pay liquidated damages and/or an early termination fee and I acknowledge that the landlord may seek damages as provided by law in the event that I terminate this rental agreement before it ends. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. RESIDENT OR RESIDENTS: OCEANSIDE PALMS , LLC George Morris Date Date Landlord's Agent Date 321 Johnson Street Initials Applicant's Exhibit 8 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASES This Settlement Agreement and .Mutual General Releases ("Agreement") is entered into by and between OCEANSIDE PALMS, LLC, A Florida limited liability company, OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC., a Florida corporation, OCEANSIDE TREASURE, LLC, a Florida limited liability company, BOGART PLACE PROPERTIES, LLC, a Florida limited liability company, WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC, a Florida limited liability company, WELLS BOYS BUU DING & CONSTRUCTION, LLC, a Florida limited liability company, JEFFERY W. WELLS, individually, hereinafter collectively referred to as "WELLS", the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, hereinafter referred to as "CITY", and CHRIS ROBINSON, individually, hereinafter referred to as "ROBINSON". Every person and entity to this Agreement are collectively referred to as the "Parties". This Agreement shall be effective the day of its execution by the last undersigned party (the "Effective Date"), as reflected below. WITNESSETH: WHEREAS, this Agreement involves three pending lawsuits in the Circuit Court for Brevard County, Florida, and an appeal pending in the Fifth District Court of Appeal ("Pending Actions"), to wit: i. Oceanside Treasure, LLC, Wells Boys & Girls Property Management, LLC, Wells Boys Building & Constnaetion, Inc., and Jeffery W. Wells v. City of Cape Canaveral and Chris Robinson, Case Number 05-2018-CA-049945-XXXX-XX, filed on October 17, 2018; ii. Bogart Place Properties, LLC, Wells Boys & Girls Property Managements, LLC, Wells Boys Building and Construction, LLC v. City of Cape Canaveral, Case Number 05-2018-CA-051505-XXXX-XX, filed on October 29, 2018; iii. Oceanside Palms, LLC, Oceanside Palms Condominium Association, Inc., Wells Boys & Girls Property Management, LLC, Wells Boys Building and Construction, LLC v, City of Cape Canaveral and Chris Robinson, Case Number 05-2018- 052741-XXXX-XX, filed on November 7, 2018; and iv. Bogart Place Properties, LLC, Wells Boys & Girls Properly Managements, LLC, Wells Boys Building and Construction, LLC v. City of Cape Canaveral, Case Number 5D21-2024, filed on August 11, 2021. WHEREAS, the Parties desire to resolve their claims and dispute in connection with the Pending Actions, WHEREAS, this Agreement is entered into freely, knowingly and voluntarily by each of the Parties. The Parties acknowledge that they have signed this Agreement only after due consideration and consultation with their respective attorneys or the opportunity to consult with an attorney of their choosing. The Parties further acknowledge they were not coerced or intimidated into signing this Agreement. The Parties have thoroughly investigated and considered all of the relevant facts and circumstances surrounding the Pending Actions and that in signing this Agreement, the Parties and their counsel have not relied on any oral or written statements made by any other party. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby AGREED between the Parties as follows: 1. Incorporation of Whereas Clauses: The Parties represent, warrant and affirm that the above recitals are true and correct. 2. Settlement: The Parties agree to settle the Pending Actions as follows: A. On or before February 3, 2022, WELLS shall pay the total sum of Fifty Thousand ($50,000.00) Dollars ("Settlement Proceeds") to the CITY, which shall be inclusive of all claims directed against the City and directed against CHRIS ROBINSON. The payment of the Fifty Thousand ($50,000.00) Dollars shall be payable to: Trust Account of Garganese, Weiss, D'Agresta & Salzman, P.A. for proper distribution. B. WELLS shall dismiss, with prejudice, all Pending Actions, and further agrees not to file any actions relating to the notices of claims dated January 18, 2019, relating to Avon By The Sea and Palms East Cape Canaveral that ware served on the City prior to the date of this Agreement. In the event that there are any counterclaims, CITY and ROBINSON shall cooperate in the execution of any joint stipulation and order of dismissal with prejudice. In connection with the appeal pending before the Fifth District Court of Appeal, Case Number 5D21-2024, filed on August 11, 2021, the Parties shall cooperate in the need for any extensions of time and any appropriate motion that will result in the dismissal of the appeal with prejudice. C. As it relates to this Agreement and the settlement of the Pending Actions as aforesaid, all Parties hereto, WELLS, CITY, and ROBINSON, agree to bear and be responsible for their own costs and attorneys' fees, except as otherwise provided herein. 3, Notice: In the event that notice is to be provided under the terms of this Agreement, notice shall be made by electronic mail ("email") as follows: For WELLS, notice shall be provided to Howard Poznanski, Esquire, at email address howardwpoznanskivbellsouth.net and for CITY and ROBINSON, Debra S. Babb-Nutcher, Esquire, dbabka'orlandlaw.nct. In the event the email address changes for either attorney hereto, notice is to be immediately provided to the email addresses provided herein. 4. Releases: A. Upon receipt of the full Settlement Proceeds, CITY and ROBINSON, on behalf of themselves individually and in representative capacity as alleged in the Pending Actions, as well as on behalf of their agents, representatives, employees, administrators, attorneys, successors, and assigns (collectively, the "CITY/ROBINSON Releasors") hereby fully, completely, and forever release and discharge WELLS, individually, and all parent companies, affiliates, subsidiaries, officers, directors, managers, and members, as well as all past and present officers, directors, shareholders, members, employees, agents, beneficiaries, administrators, attorneys, successors, and assigns (collectively, the "WELLS Releasees") of and from any and all debts, demands, actions, causes of action, suits, damages, losses, sanctions, obligations, reimbursement for attomey's fees and costs, claims and rights of whatever kind or description, whether known or unknown, asserted or unasserted, accrued or unaccrued, whether past or present, whether suspected or unsuspected, whether liquidated or unliquidated, whether arising at law or in equity, whether based on contract, breach of warranty, indemnification, contribution, tort, strict liability, or otherwise, and whether involving property damage, loss of use of property, or other financial or economic harm or any other form of injury, that the CITY/ROBINSON Releasors have, had, or may have against the WELLS Releasees, from the beginning of time through the Effective Date of this Agreement as it relates to the Pending Actions. Nothing, herein, however, resolves, discharges, or satisfies any existing liens in favor of the CITY as it relates to Oceanside Palms, LLC lien recorded at OR Bk 8235, Page 2006, Public Records of Brevard County, that gave rise to Permit #18-1580, however, without prejudice to WELLS to seek a lien reduction, waiver, or extinguishment. Nothing in this Agreement shall prevent or restrict any party from making any argument in connection with any lien reduction request. B. Upon payment of.the full Settlement Proceeds, WELLS, individually on behalf of his/its parent companies, affiliates, subsidiaries, officers, directors, managers, and members (collectively, the "WELLS Releasors"), hereby fully, completely, and forever release and discharge the CITY/ROBINSON, in their individual and in representative capacity as alleged in the Pending Actions, as well as on behalf of their agents, representatives, employees, insurers, adjusters, administrators, attorneys, successors, and assigns (collectively, the "CITY/ROB NSON Releasees") of and from any and all debts, demands, actions, causes of action, suits, damages, losses, sanctions, obligations, reimbursement for attorney's fees and costs, claims and rights of whatever kind or description, whether known or unknown, asserted or unasserted, accrued or unaccrued, whether past or present, whether suspected or unsuspected, whether liquidated or unliquidated, whether arising at law or in. equity, whether based on contract, breach of warranty, indemnification, contribution, tort, strict liability, or otherwise, and whether involving property damage, loss of use of property, or other financial or economic harm or any other form of injury, that the WELLS Releasors have, had, or pray have against the CITY/ROBINSON Releasees, from the beginning of time through the Effective Date of this Agreement as it relates to the Pending Actions. C. Nothing in this Agreement releases any claim to enforce the obligations set forth in this Agreement or any claim that otherwise accrues after the Effective Date of this Agreement. Nothing herein prevents the City from enforcing its police powers against WELLS relating to any code enforcement issues unrelated to the Pending Actions, however, without prejudice to any of WELLS' rights and remedies under law. S. Resolution of Disputes and Attorneys' Fees: This Agreement is entered into in the State of Florida and shall be construedand interpreted in accordance with its laws, without regard to the conflict of laws rules thereof: Venue and jurisdiction for any dispute concerning this Agreement, including its interpretation and its effect and the effect of any release set forth herein, and any action to enforce any provision of this Agreement, shall lie and solely be brought in state court within the County of Brevard, State of Florida. The prevailing party in any action to enforce any of the terms or provisions of this Agreement shall be awarded reasonable attorneys' fees and costs, inclusive of appellate attorneys' fees and costs. 6. Integration Clause: The provisions of this Agreement comprise all of the terms, conditions, agreements, and representations of the Parties respecting the settlement of this dispute. This Agreement supersedes all prior agreements, arrangements, and understandings, if any, relating to the subject matter hereof and may be amended only by an instrument in writing executed by all Parties. All representations and promises made by any party to another, whether in writing or orally, concerning the settlement of this dispute, are understood by the Parties to be merged into this Agreement. 7. No Admission: The Parties understand and agree that this Agreement constitutes a settlement of disputed claims and amounts in order to avoid any litigation and the expense relating thereto, and that nothing herein shall constitute or imply an admission of liability of any kind. 8. Severability: If any portion of this Agreement is subsequently held by a court of competent jurisdiction to conflict with any Federal, State or Local law, and as a result such portion is declared to be invalid and of no force and effect in such jurisdiction, all remaining unaffected provisions of this Agreement, so long as it does not prevent the material terms and conditions of this Agreement from being implemented and the intent of this Agreement from being fulfilled, shall otherwise remain in full force and effect and be construed as if such invalid portion or portions had not been included herein. 9. Tax Consequences: No representations have been made by any party regarding the taxability of all or any portion of the settlement set forth in this Agreement. The Parties have had the opportunity to seek independent advice regarding the tax consequences of the settlement set forth in this Agreement and accept responsibility for satisfaction of any respective tax obligations that may result. 10, Successors: This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective principals, affiliates, members, partners, heirs, administrators, legal representatives, successors, and assigns. 11. Construction: The Parties acknowledge that this Agreement is the product of even -banded negotiations and that each party has played an equal role in the drafting of this Agreement. The language of all parts of this Agreement shall be construed as a whole according to its fair rneaning. No party to this Agreement (nor any attorney for any party) shall be deemed to be the drafter of this Agreement. Any rule of construction under Florida law requiring that ambiguities be resolvedagainst the drafting party shall not be employed in the interpretation of this Agreement. 12. Counterparts: This Agreement may be executed in multiple counterparts, all of which shall be considered one and the same Agreement. The transmission by facsimile or electronic mail of any original signed counterpart of the Agreement (or any amendment hereto or any other document delivered pursuant hereto) shall be treated for all purposes as the delivery of an original signed counterpart. The Parties agree that executed scans or photocopies of this Agreement shall be valid and binding, in the event the original executed Agreements are missing or unavailable. 13. Cautions: The captions and headings used in this Agreement are for convenience and means of reference only, and shall not be used to construe, interpret, expand, or limit the terns of the Agreement. 14, Waiver: The failure of any party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement shall not be construed as a waiver of any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. Authority: The Parties represent and warrant that the persons executing this Agreement on their behalf are duly authorized to do so, and that the Parties or their officers and agents have taken all corporate actions necessary to make this Agreement a valid and binding obligation, IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date set forth below. JEFFERY W. Signature: Print N:ine: ' >riei-i L (A4 ur Title: /AiN rl ! uA^-U' Date: j/ BOGART PLACE PROPERTIES, LLC OCEANSIDE TREASURE, LLC OCEANSIDE PALMS, LLC WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC WELL BOYS BUILDING Ai CONSTRUCTION, LLQ' Signature: Print Mime: 4i. y kst gi.. Title: MANAGING MEMBER Date: r'lb(A STATE OF FLORIDA ss COUNTY OF BREVARD 11 I HEREBY CERTIFY that on this 3day of _t.Rf# )r, 202Abefore me, an officer duly qualified to take acknowledgments and give oaths, perso rj1 1, appeared JEFFERY W. WELLS, individually and as officer/Manager for BOGART PLACE PROPERTIES, LLC, OCEANSIDE TREASURE, LLC, OCEANSIDE PALMS, LLC, WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC, WELL BOYS BUILDING AND CONSTRUCTION, LLC, and OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC., by means of 0 physical presence or 0 online notarization, to me known to be the pion described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. day of W I 'ESS my hand and official seal in the County and State last aforesaid this (� • , 202,2 N(tTARY PL LIC STATE OF FLORIDA My Commission Expires: 0.07 Personally Known OR Produced Identification Type of Identification Qro3'uced STATE OF FLORIDA SS COUNTY OF BREVARD TRACYANRJOBES t Commission #NN1050i5 E fires Much I6, 2025 said'Mattes* Muria860-33S74104 I HEREBY CERTIFY that on this' ( day of 411-4.A , 2021, before me, an officer duly qualified to take acknowledgments and give oaths, personally appeared CHRIS ROBINSON, by means ophysical presence or C] online notarization, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 3 i day of ,SA c;U? , 2021 NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: ,' Personally Known OR Produced identification Type of Identification Produced PATRICIA ANN ROTH i-r .;: MY COMMISSION ## HH 001077 EXPIRES: May 18, 2024 4-4:0. VP —Bonded Thrtr Notary Public Underwriters OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC. Signature: Print Nam t-: W. Min& Title: PRESIDENT Date: CHRIS ROBINSON Signature: Print Name: Clkikts 0 1/4501-1 Title: COJD_C____, .12E-ra1ek Date: / - 3 I - CITY OF CAPE CANAVERAL Signature: _ Print Name: -7 0 cf-d-- Mt? 1- Title: ejj 1,A1Ct- Dataitg 11)7, STATE OF FLORIDA SS COUNTY OF BREVARD I HEREBY CERTIFY that on this 3 ( day of. 3M , 2022, before me, an officer duly qualified to take acknowledgments and give oaths, personally appeared p ! t‘ _ , acting as CI i/ki / A(p of the City of Cape Canaveral, by means of physical presence dr ❑ online notarization, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 31 day of t- A , 2022. NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: X Personally Known OR _ Produced Identification Type of Identification Produced .; .1i) '- PATRICIA ANN ROTH MY COMMISSION 8 HH 001077 EXPIRES: May 18, 2024 Ea;°¢`•,. Bonded Nu Nam, PuNie Undenidera City's Exhibit 1 CITY OF CAPE CANAVERAL CASE NO. 17-179 SATISFACTION, RELEASE OR REDUCTION OF CODE ENFORCEMENT LIEN CITY OF CAPE CANAVERAL CASE NO. 17-179 9/26/17 9/2 7/ 17 10/19/17 11/27/17 CASE OUTLINE Staff observed unpermitted roof work being conducted. (roof trusses had been replaced on north east building) Staff posted Stop Work Order. Staff conducted a site visit and found the Stop Work Order had been removed. No permits had been issued. Staff observed unpermitted work was still being conducted. Posted second Stop Work Order. Notice of violation and construction contractors citation was issued for work without a permit. CITY OF CAPE CANAVERAL CASE NO, 17-179 12/28/17 Staff spoke to the attorney for the property owner and informed him once the roof permit was obtained, the roof repairs were completed and the citation was paid, the property would be in compliance. 2/5/18 Permit #18-0508 was issued for emergency temporary roof repair. 4/22/18 Staff received a complaint from a tenant stating his ceiling had collapsed due to the leaking roof. Staff conducted a site visit and observed interior work being done without a permit and under a Stop Work Order. CITY OF CAPE CANAVERAL CASE NO. 17-179 4/24/18 Staff met with property owner to discuss the violations. 6/7/18 A revised notice of violation was sent to the property owner. 6/6/18 Received a complaint regarding a roof collapse in another unit. 6/13/18 Permit application submitted for re -roof. 6/26/18 Received numerous complaints regarding water leaks and damage. 7119/18 Case was presented to the Code Board who found the property in violation. CITY OF CAPE CANAVERAL CASE NO. 17-179 The revised Notice of violation which was issued on 6/7/18 included the following: Apply for and obtain a permit for the roof repair. Apply for and obtain a permit for the unit repairs. - Complete all work and pass final inspections. The property would stay in violation until all violations were corrected and all final inspections obtained. PERMITS #18-0508 Re- Roof 9/20/2017 Permit application submitted 2/5/2018 Permit was issued 8/4/2018 Permit expired without inspections #18-1467 Re- Roof 6/13/2018 Permit application submitted 7/11/2018 Permit was issued 8/7/2018 Permit was finalized #18-1579 Building (soffit) 7/19/2018 Permit application submitted 8/6/2018 Permit was issued 2/6/2019 Permit expired 4/12/2021 Permit reopened 4/15/2021 Permit was finalized #18-1580 Commercial Plumbing (repair of damaged unit) 7/11/2018 Permit application submitted 8/6/2018 Permit was issued 2/6/2019 Permit expired 4/12/2021 Permit reopened 4/16/2021 Permit was finalized #18-1684 Building (truss) 8/1/2018 Permit application submitted 8/23/2018 Permit was issued 8/7/2019 Permit was finalized TY ATTORNEY u CITY OF CAVE CAMAVERAL. PROPERTY REPRESENTATIVE ;;;;I: Building Department .Net User. B.PALfVIER DB: Cape Canaveral Group: Cape Canaveral Version: 05/01/2022 File Vievv Navigation Tasks Reports Utilities BS&A Applications Help J; Full Screen • Search M Index Add 6 Delete l:s.J Audit 8 Hide ' Tools - Inspector's View - Map i+!••rn Property Projects CAD Permit D•••U P18-1580 FINALS Commercial Plumbing Es Conversion Comment Attachment c, Owner: Oceanside Palms LLC Ei j Contractor: Wells Boys Buiiding & Construction LLC Licensee: Jeffrey W Wells. R.A. Applicant: Jeffery Wells, R.A. Transactions: $234.00 Due: _0.00 vlP Prerequisites (0) Building Info (Value: 9900) d3t�Nonceel3 0•••0/ Ins, 2/19/2019 Pf, 2/19/2019 +... Fn, 2fi9/2019 Conversion Comment d FINAL - PLUMBING, Approved 4'1612021 PZE Processes Enforcernents rjI Certificates Certifizates of Occupancy r2 Inspection Groups Tables GIS rf Program Setup Address: 321 JOHNSON AVE 1C Owner: OCEtNS=DE PALMS LLC rtle: I Conve#sion Comment Entered By: Comment: Stec+ Type: INS ,P Master ID: 0007165317 Comment Text: EP Master Step ID: 0007165354 Required: False Order Number: 1 Completed By Applicant: False Length Heirs: 0.00 Required Date: Required Time: Scheduled Date: Actual Date: ctual_Time: Scheduled Time: Last_DatF_2/19/2019 12:00:00 AM Last Time: 42282 Last_User: k.hutd-inson Last_Func: p-bp102as-BP_htaster-Ma+.ntenance Approv i Status; t end:ng Internal Step: False Schedule Person: FailedBP_Master Step_ID: Actual Length i yours: 0.00 SourceQuery: SELECT 'FROM PUB_5P_'laster_Steo ai Building Department .Net User: B.PALMER DB: Cape Canaveral Group: Cape Canaveral Version: 05,f01/2022 File View Navigation Tasks Reports Utilities BS&A Applications Help J Full Screen • e-`1 .cr7 4.C' Search `O• Index a Add 0 Delete L.Adt 8 Hide J Tools - _ Inspector's View -7:1Map El-t:j Property rn Projects CAM Perrnits P1B-1580 FINALED Commercial Plumbing Conversion Comment ik Attachrnents Owner: Oceanside Palms LLC M.-. Contractor: Wells Boys Building & Construction LLC f), Licensee: Jeffrey W Wells. R.A. Applioant: Jeffery Wells, R.A. Transactions: SZ34.00 Due: S0.00 V Prerequisites (0) Building Info (Value: S9013) 79 Miscellaneous Ins, 2/19/2019 EY; Conversion Comment Pf, 2/19/2019 iTi Fn, 2119/2019 EEld FINAL -PLUMBINGr Approved 4f16/2021 40.2/2021 PZE Pt Enforcemen Certificates in Certificates of Occupancy El Inspection Groups Tables 71 GIS -1'77 Proaram Setup Address: 321 JOHNSON AVE 10A Owner: OCEANSIDE PALMS LLC 'Title: Entered By: Comment: la.younc AM STAFF RECOMMENDATION T Filing # 80866358 E-Filed 11/15/2018 03:10:47 PM App. F Pages 57-118 City's Exhibit 2 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Collins: For. Secretary: Miss Stone. Stone: For. Russell: Okay, next case. This is public hearing case number 2017-179, property at 321 Johnson Avenue, Oceanside Palms Condominium Association LLC, in care of Jeffrey Wells, property owner. Chris, is this one yours? Chris: Yes ma'am. Wells: I have, unfortunately, something much more important than this. My son has soccer practice at 7:30 that I have to take him to, so I thought we'd get them both in, but I have my attorney here. He'11 speak for us the best he can, and I apologize for having to leave, but I just have to get him to it. Russell: A dad's got to do what a dad's got to do. Wells: Yeah, thank you very much for your time tonight. Russell: And your attorney is? And your attorney is? 57 10 11 12 13 14 15 16 17 18 19 2D 21 22 23 24 25 Carreja: Luis Carreja. Russell: What's your last name sir? Carreja: Carreja. Russell: Chair: Carreja? Carreja: Yes ma'am. Russell: Thank you. All right, Chris go. Chris: Okay, this address is 321 Johnson Avenue, Cape Canaveral, Oceanside Palms Condominium, Oceanside Palms Condo, parcel ID is on the board. This is for violation for property maintenance. Revised Notice of Violation was sent 06/06/2018. Return receipt was 06/08/2018 to Jeffrey Wells. Order to appear was sent out 07/02/2018. Return receipt 07/08/2018. This is the location. This is between Grant and Johnson, west of Ridgewood. This is in the southeast section of the city. On 09/26/2017, during community policing, staff observed roof work being completed. A search of the permit database revealed no permits had been issued for a re -roof. A stop work order was posted. On 10/19/2017, staff, not hearing from anyone regarding the stop -work order, conducted a site visit and found the stop -work order had been removed. A search of the database revealed no permits had been obtained. On 11/27/2017, staff 58 conducted a site visit and found work being done. A search of the database found no permits had been obtained. A second stop -work order was posted, and workers were told to stop all work. Officer Palmer was contacted by the manager, Tracy, of the complex in response to the stop - work order. She stated she was not aware a permit was needed for the work done on the roof and the work that was currently being completed. Officer Palmer informed her that a permit is needed for the roof work. On 11/27/2017, a Notice of Violation, citation number 0161, for work without a permit was sent to the property owner. On 12/28/2017, staff spoke with the attorney representing the property owner and explained that once the roof permit is obtained, the roof repairs are completed and citations for work without a permit paid, compliance will have been met. On 02/05/2018, permit number 180508 was issued for emergency temporary repair dry -in that was submitted on 09/2017 and was finally issued and obtained. On 04/23/2018, staff received a call that the tenant in A10 had the ceiling collapse due to the rain. A site visit found the unit is directly below the roof that was partially repaired without a permit. The roof has not had shingles on it, only tar paper, since Hurricane Irma, and the ceiling has been getting water damaged ever since. The ceiling had collapsed onto the tenant's couch, and water flooded the unit. Maintenance personnel were on site making repairs, and they informed staff a company was coming out to repair the roof. Staff informed them that n.o work can be performed since a permit has still not been issued. On 04/24/2018, staff met with the property owner to discuss the violations. It was explained to the property owner the original permit for dry -in was never obtained and has 59 since expired. The unit interior was redone with no permits, even after to stop -work orders had been posted. Tenants are currently residing in the unit, which does not have adequate protection from the elements because the roof was never completed. The renovation of the unit was not permitted either. On 06/07/2018, a revised Notice of Violation was sent to the property owner, including the new violations. On 06/14/2018, a permit application was submitted on 06/13/2018 to re -roof the damaged area. On 06/26/2018, conducted a site visit and met with several tenants complaining about water leaks and damage. Inspected the units and found no work had been done on the roof, and the collapsed ceilings have yet to be repaired. This is the copy of the citation that I issued for work without a permit. This is what I observed on my initial visit. If you can look up there in the very top corner, you can see where there is new wood and the old wood going off towards the left. It was all truss work that was all done, which requires an engineer sign off on it about how to construct it. This is the front view. If you look at the top of the roof, you can see that that's all brand new wood up there, and you can see the debris that's down below. Just another shot from further away. This is the stop -work order that I posted. This is the debris. You can see the trusses that were removed and ultimately replaced. This is the second stop -work order that I posted. This is the ceiling that collapsed, which is directly under the roof repair that I showed you that had new wood. Russell: All of these units are 2-story? 60 1 2 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chris: This is the second story. Russell: This is the second story? Chris: Yes, ma'am. If I go back here, I will show you. That unit upstairs, that is the unit we're discussing. Russell: Okay. Chris: This is where the water was flooded. This is material that was brought out. This is outside of the unit, still underneath that same roof. Now these were new photographs that I had taken because of the new complaints had come in, and other people were saying that they were having flood damage and this and that. As you can see, the gutters aren't working properly up there. You can see the railing, which was one of their temporary, the permit that I said that they got for temporary repairs, this was one of the temporary repairs, which is just 2-by-4's. This is another photograph of the interior that they came in and they put this up to, I guess, protect the interior. This right here is the permit that they received for dry -in only, emergency temporary repairs, and you see the value of the job was $3900. This does not include any of the truss work that was done. Russell: This is strictly the roof part? 61 Chris: This isstrictly putting emergency repairs, the banister that was put up for protection, and dry -in material on the roof. And this right here, they are currently re -shingling the roof, and this is the permit for that. Russell: This is permitted, what's going on today? Chris: Today. This is for just the shingles. I still have not received a permit for the trusses that were repaired, and I still have not received permits for all of the work that was done on the interior of that unit. I went out there. Unfortunately, I wasn't being able to take a photograph because they closed the door before I could photograph the scene, but when I went out there originally and saw in there and put the stop -work order on, the interior of that unit was gutted all the way to the studs, and since then, they had made it livable, and there's people living in it, and no permits have been received. Russell: Are there people living in it at this time? Chris: I don't believe so. I believe that they found them another location to live until they could get that taken care of. I have not seen the interior of the unit, Russell: With the roof work that's going on now, are they reroofing the entire complex? 62 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 Chris: No, just this one building. There's 4 buildings in that photograph I showed you, the aerial view. It's the furthest •northeast corner building, and they're repairing, that whole roof is getting shingled. Russell: the whole roof is what? Chris: The whole roof is getting shingles on. Russell: The earlier work that was done in '17, that was repair? Not re - roof? Chris: No, that was just putting in dry --in material to prevent water from going in and further damaging any units. Russell: Okay, Chris: And before I call the property representative, all of these people here are witnesses, but at the time, I only wish to call Jeff Moore. He would like to speak about the issues out there. Russell: Okay. Can I have a question first? 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chris: Sure can. You had a temporary permit for temporary repairs on 03/05/2018. Chris: Correct. The new permit is to re -roof, but you don't have a permit for the trusses. So, this apparently, we have a dry -in, and now they're putting shingles on it. So, is there any way to inspect the trusses? Chris: Well, they'll have to go out inspect, because there's an inspection prior to the roof being totally shingled i.n and completed. It'll be an inspection to make sure all the shingles are being put on. If they could get a permit in to inspect the trusses, then they can they can look at all of that before the roof gets finished. If not, then they're going to have to find a way to get in th.e attic. Yeah, that's why I'm asking. Is the attic accessible, or in order before you can shingle, you have to put in your — Chris: I wouldn't be able to answer that question whether it's accessible from a crawlspace or not. I would assume that it is. That would be a building official question on how he would inspect that or what he would do, but either way, it still has to be, an engineer has to put forth what 64 he's going to do and how the truss needs to be built. That still needs to be submitted to us. It never has been, and how that would be inspected now would be a building official question. I guess why I'm asking is how can they go forward with the re- roofing without having the trusses properly placed, because if the trusses fail, you're going to have to go back in and tear that off to get the trusses in. So, I question the process here. Chris: Well I'm sure, if you notice in those photographs, the eaves, all the soffiting is not on, and you can view all of that from there. That wouldn't have anything to do with the shingles going on. Chris: Sir, hang on. So, like I said, that would be a building official question on what the process would be to take care of that, but the fact of the matter is there was no permit for that. It's required a permit. It's structural. It needs to be done. It needs to be inspected, and it has needed to be done that way for 10 months now. Russell: At which point in time is the sheeting itself inspected? 65 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chris: I think it's when, I think they put 25% of the roof on, and they come out for an inspection to make sure it's done, and then they could finish if it passes. Russell: Okay. Hoare: Hi folks, my name is Jeff Moore. I've been in the apartment, in that building specifically; for about 7 years. I'm not without issues the entire 7 years. I don't have any personal complaints, but a lot of people do, and a lot of people didn't,show that said they were going to. I cannot speak for them. I can speak for myself and the adjoining units downstairs. He showed you the picture where the gutters were not replaced. I have gone in once a month or twice a month since the hurricane with videos documenting the flooding issues because they wouldn't fix 5 feet worth of gutter. Now they're putting up shingles and all that stuff, as of right now, but the contractors didn't say anything about replacing that 5-foot gutter. I have videos and photographs. It floods into my apartment. I do what I can. I've been a nice guy and gone into the office repeatedly for months, as well as a number of other people. Just quietly going in and saying can you do something about it, with promises unkept every month since the hurricane. So, we have dealt with not being able to get in and out of our apartments without 6 inches or more water flooding into 2 or 3 of them every time it rains. I have the current video of yesterday if you'd like to look at it, as well as photographs. So, besides the flooding issues when it rains, there's major 66 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 cleanup every time afterwards. So, after going frustratedly to the office, saying oh we're going to send a contractor, this has been happening since the hurricane. Would you like to live that way? None of us do. I wish the other folks were here. I think these people would probably like to speak, and I can't speak for them, but some people have had even major issues than that since, in this course of time, that were even worse. I'm here with the photographs, and I would like to say please fix the 5-foot gutter because all 3 roofs are emptying in front of my apartment that flooded across 2 sides, 3 sides, so people don't have access. We have handicapped people. There are children involved in certain cases, and we're just tired of it. Russell: At any point, have you contacted the city? Moore: I didn't know who to call, and I called Code Enforcement, and he came out and has been terrific, and he's been out a number of times. I've spoken with him a couple of times, and he said please, you know, come in and speak. I'm a little, you know, I'm not used to doing this, but I came in because it's just been ridiculous. Above the location, we have a family there, and this has just been so frustrating because the Wells company had done nothing except a bunch of lost promises and lies, and if you'd like to see a short video or ten, I've documented it every time it's rained in 11 months. It comes down just torrentially and floods the entire area every single time. 67 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Russell: I'm sure that we all believe everything you've told us. Moore: Well, I've got I've got documentation, but that's why I'm here; and I wish other people, I mean Mike and the guy who had the apartment fall in, they're here as well, and everybody's had major issues. Pauline, she's here. She has photographs. It flooded her apartment. It ruined her $3,000 bed. She's handicapped. She had to sleep on the floor in the other room for months — Russell: Have any of you asked the Wells company to find you another unit in the building? Moore: No, I haven't found that necessary because like, you know, it comes into the kitchen, and I'm living with it because that's my home and I love living there just like the rest of us. Pauline has had issues more than most of us because it's flooded down continually, and the second time when that roof fell down, it happened again. She's got photographs too. So, that's why I'm here. Russell: Thank you. We appreciate you making the time to come. Moore: I'm happy to do it. Thank you. I appreciate your time. Chris: If there's no further questions, I'll turn it over the property representative. 68 1 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Russell: I think that's what we're ready for now, yes sir. Carreja: Okay, good evening board. I'm Luis Carreja, attorney for Mr. Wells and also Oceanside Palms Condominium. It's my understanding, and I don't know if the code enforcement officer can clarify, but it seems like there was only one issue brought up in the presentation. There were some other issues on the notice, which I'd like to address because they've been addressed by the client. Repair the dumpster enclosure, construction debris, make repairs, to the roof. So, it's not similar to the last case. These issues are being addressed. It's not like the client's not doing anything about them. As far as the one particular unit, those people have been relocated to another unit, into a different building, Everything is being addressed. It seems like the only issue, at least brought up by Mr. Robinson, was that the truss work needs to get a permit approved for that. Am I accurate? Is that the only? I mean that's all that was mentioned I think. Chris: No, it's just the entire roof system, what he is alluding to with the with the Leaking and the water coming in, like I said they just now have started putting the shingles up, but that is also going to include all the gutters and all of that that is causing the flooding, and it's causing any apartments that are being damaged because of the faulty roof, and that's where we're at. So, it's repair everything. The temporary repairs need to be permanent repairs. They got the permit for temporary 69 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 repairs. That needs to become permanent. The roof needs to be completely fixed, and the permits need to be obtained for the things that I had alluded to. Russell: Do you have any idea how old that building is? Carreja: No ma'am, I have no clue. Russell: 60s, early 60s. Carreja: That's probably about right. I don't know exact. I apologize. Unfortunately, Mr. Wells is the fount of information that I am not, so I don't know that off the top of my head. Russell: In other words, we're going to be talking about more than just putting some shingles on the roof. This is the roof and all the pertinences that it has, correct? This is soffit. This is gutters. This is closing in the end caps, the whole bit. If it goes on or attaches to a roof or the exterior of the structure that holds up the roof, all of it. Chris: Yes ma'am. Carreja: Okay, again I'd state that these items are being addressed. There is the hurricane damage. There's been insurance issues with getting this taken care of, so basically, we're asking that a violation not be 70 1 2 3 4 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 found, that we be given some additional time to pull the permit and address the roofing issues. Any specific questions, I might have to defer to - Russell: I'm rather. intrigued by the fact that to stop -work orders were removed. Those things are What they say they are. The crew that's doin.g, who is the contractor on your roofing project? Carreja: Joe Horschel. Russell: I don't understand. Carreja: Joe Horschel. Russell: Md.he's a licensed roofer? Carreja: Of course, yes. Russell: And a licensed contractor? carrels: Yes. Russell! Okay. Anybody else have any questions for this gentleman? 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It seems like, if there is that much water coming into several apartments, it's probably affecting the electricity, the wiring in the walls. Russell: And mold, which we didn't mention. Carreja: I would like to say, for what it's worth, and no disrespect to the men gentlemen they testified, but there's no mention of any flooding in the Notice of Violation. So, I would say that not be considered for this hearing today. Strictly having to do with roof work and repairs to inside units or damage to units. There is no flooding discussion or mention of flooding in the description. Chris: The testimony by him was for illustration purposes of the failing roof, Russell: I understand. Well it says the roof and flashing. Flashing is the portion that the gutter attaches to, is that correct? Chris: Yes ma'am. Russell: Shall be sound, tight and not have it defects that admit rain. That's one of the items cited under the International Property Maintenance Code 303, point 7, so in order to get your roof correct, you're going to 72 have the material there that you can finish the guttering to the proper extent that needs to be done. Carreja: Yes ma'am. Russell: And would certainly keep further damage from occurring to the ground floor units when you've got the top ones dried out. Thank you. Anybody else have a question? Oh, I've got one more. Carreja: Yes ma'am. Russell: Where's the- are those wall -unit air conditioners? Or is there ductwork in the roof. Chris: It's central heat and air. Russell: Central heat and air, and where's the unit located? Carreja: May I? This is Madeline Wheeler. She's a property manager for the building. Russell: Were you sworn in ma'am? Wheeler: Yes. 73 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Russell: Okay, where's the ductwork? Wheeler: The ductwork is in the ceiling. The AC, itself, is in the hallway. Can you step up to the mic? Wheeler: The ductwork is in the ceiling. Russell: In the ceiling in each unit? Wheeler: Correct, yes. Russell: Okay. It would be a good time to look at that too, huh,'while it's visible. Wheeler: Absolutely. Carreja: And A10 is the only unit with any issue, is that correct? Wheeler: As of right new yes, other than the gutter problems. It's the only one that's had - Russell: Okay, I'm sorry, I can't hear you. 74 Wheeler: A10, the one that we were shown pictures of, was the only ones that has had flooding that has not been repaired yet. Russell: Those are the only ones that have had flooding that have not been repaired yet. Wheeler: Correct. Russell: What's the timetable on that? Wheeler: As soon as the roof is repaired, then the unit will be finished. Russell: Okay, it's an open-ended contract? No finish date? Contractor's not going to get his full check until he's done the whole job? Wheeler: Correct. Russell: Okay. Carreja: So, again we would just ask for some additional time to get the permits pulled for the truss work and whatever else is required, and that the board not find a violation today. 75 Russell: Let's see what the city's recommendation is, Mr. Chris? Thank you. Chris: Yeah, I just want to reiterate that this is mainly for work without a permit, the multiple stop -work orders and the work continued. Staff's recommendation, based on the evidence and testimony presented at this hearing, staff respectfully request that the code enforcement board find the respondents in violation as set forth in the revised Notice of Violation and a fine be immediately imposed in the amount of $100 for the first day and $75 every day thereafter until compliance is confirmed by the code enforcement officer, and all costs associated with the enforcement of the violation be imposed. Russell: How long to take a proper permit, to get one? Chris: It depends on what you're asking for. If it's going to be the truss work, that could take a little bit of time because, you know, the engineer is going have to come and turn that all of that in. All of that is going to have to be submitted properly. It's going to have to go through plan review. I would say at least 10 to 14 days. Russell: Ten working days? Chris: Yes ma'am. 76 You said a while ago that, after the shingles are put on, if the soffit's not on there, the engineer is able to look at the trusses. They can tell how good the trusses are with just the soffit off? Chris: I can't speak for engineers. I can only speak for what our inspectors would probably do or — Russell: Nobody can speak for engineers. Chris: So, I don't know how they would go about - I would hope somebody would go up in the attic and take photographs, and then the engineer could base the load on that. . It would seem to me that that wouldn't give them a clear picture of the trusses, just looking at the edge of them where the soffit goes on. Chris: Like I said, I'm sure they could get in there and take photographs or the engineer could get in there and see what needs to be done. Somebody can get in there. It can be done. I don't really think it's going to be an issue. . Yeah, if they have to cut a trap in the ceiling some place to get up there. 77 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Russell: If the ductwork's in the ceiling, there has to be access somewhere besides on the end of a building with wings as long as those are. Chris: Yes ma'am. Russell: Okay, all right, we have a staff recommendation. I move we adopt staff's recommendation. Attorney: May I ask one clarifying question real quick just — Russell: Certainly. Attorney: Thank you. With the recommendations to correct the violation and the repair dumpster enclosure and remove construction debris being stricken, is that because you're not considering those? Chris: It was stricken because during my site visits I found that that had been done. Attorney: That's what I thought. It's just a little hard to hear, so I wanted to make sure. Pardon my interruption. Second. 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Russell: Motion and a second• to accept staff's recommendation. So, that's a hundred dollars a day to get it in gear, huh? Chris: $100 the: first day, $75 every day thereafter. Russell: If there's no further discussion, we'll call the vote. If there is further discussion, speak now. Hearing none, please call the vote. Secretary: Miss Russell. Russell: For, Secretary: Mr. Cloney. Cloney: For. Secretary: Mr. Hale. Hale: For. Secretary: Mr. Hartley. Hartley: For. 79 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Secretary: Miss Collins. Collins: For. Secretary: Miss Stone. Stone: For. Russell: Thank you Chris. The next time you folks have a problem where you're living, you need to contact the Building Department. Don't just wait until your landlord doesn't respond so quickly. Please contact the Building Department. That's what our code board's here for. We thank you for your patience tonight. We have one more item to discuss this evening, and if I can find my agenda I'll tell you what it is. There it is. Case number 2018-206, violation of section 102-39 and permits, property at 323 and 325 Pierce Avenue, Beatrice and Timothy Scully, property owners. What's your case there Chris? Chris: If you'll give me one second, the property representative had to sit out in the truck for AC due to some conditions. Brian went to go get him real quick. Russell: Okay. You want to stand up and stretch? I can't believe how hard these fans make it to hear. It just blows right past my ears. 80 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Chris: Okay, whenever you all are ready. Russell: Is this. Hr. Scully? Chris: No, this is the individual that took the tree down. He's the individual who removed the tree. He's representing Mr. Scully, who lives out of state. Russell: Gotcha, all right. Chris: Okay the address is 323 and 325 Pierce. This is a duplex. They're attached. Parcel ID is attached. This is violation is for removal of a tree without a permit. Russell: We seem to have a lot of that going on. Chris: Yes, we do. A Notice of Violation, 06/26/2018 posted to the property and City Hall, as required by Florida statute 162.12, notices. Order to Appear 07/02/2018 posted to the property and City Hall, as required by Florida statute 162.12, notices. This is the property in question. This is Pierce Avenue. It's just west of Ridgewood. In the photograph, you can see, I hope, the trees that are in the backyard. On 05/03/2018, staff observed a stump grinding company in front of the address, and upon further investigation saw stumps in the rear of the property being ground down. There were several logs of recently cut down 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trees in the rear of the property, and it was confirmed by the individual grinding down the stumps that the trees had just been removed. The tree contractor, Dan Martinez, who is to my left right now, was contacted and stated the trees were damaging the sewer line. He was unaware a permit was required if the trees were causing damage. On 05/04/2018, a city arborist was contacted and inspected the site, finding the trees to be under 24 inches. DBH staff contacted Mr. Martinez and informed him the fine would be $250 per tree, for a total of $500. 0n 05/06/2018, Mr. Martinez contacted staff, stating he did not agree with the fines. Staff informed him of the permitting requirements for tree removal, informed him of the penalty for not obtaining a permit, which he stated he would not pay the fine. Staff warned him the owner is responsible for the tree removal violation and would be issued a Notice of Violation. 0n 05/07/2018, staff contacted the property owner, Timothy Scully, and informed him of the violation. He stated he would like to go before Code Board to plead his case. On 05/08/2018, Notice of Violation was sent to the property owner. On 06/16/2018, certified letter was returned to staff, called property owner and left message, received no return call. On 06/26/2018, posted to property of Notice of Violation. 0n 07/02/2018, posted to property Notice of Hearing. This is photograph, as I approached the backyard, as you can see in the middle of the screen, that's a stump grinder machine and the operator grinding down the stump, with the recently cut down tree. This was immediately to my left of that original photograph, and those were stumps of a sabal palm. This is the stump he is grinding on. That's the sabal palm, and if you look around it, that's 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a banyan tree that was wrapped around it. That's an invasive species. Right there is a piece that was cut down. As you can see, it's a sabal palm wrapped around with the banyan tree, and in the background, you can see the second stump. This is the write-up of our tree arborist, and as you can see, the two palm trees are the ones that were a question, not necessarily the banyans that were wrapped around it. Russell: Could you go back to that slide where it says hazard abatement? Does that have to do with only like electrical lines, or could this - Chris: This could have, what they said, that the sewer lines were being damaged. Russell: It would be in that category? Chris: Yes. Russell: And we only have the owner's word that that was the issue? Chris: He may be presenting something to - Russell: Okay. Chris, were both of these palm trees, the banyan wrapped around both trees? 83 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Chris: I believe so. I could only te11 you what was on the ground, with the banyan ;trees, I don't know if it was on both of. them. T dbn't knoW how extensive it was, but based on :the arborist's talking to me and his write-up here, the sabal palm trees were still healthy based on What. he observed on site. Russell: Go ahead. Chris: I'm done. Russel.: You're dine, okay, and you're Mr. Martinez? Have you been sworn in? Okay:, we'"11 take your word you Were here before, Please step to the mic. Thank you. Martinez; Hello. Russell: Hello. Martinez: I'm here representing Tim Scully for the 323 and 325 Pierce Avenue. You know he stopped my stump grinder, which was. We can't hear you because we have fans blowing. 89 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martinez: Man, I wish one was blowing on me earlier. I have multiple sclerosis, and like the sun and the heat is the worst thing for me, you know, but anyways back to the tree. I was called by one of my customers that I do lawn maintenance for, just the mowing, telling me that he wanted to have these trees removed because they were damaging his plumbing, The property is a duplex, and the roots were getting in. It was messing up all the water, the flushing of toilets, you name it, and so he received a bid for $7400, I think, say for $7500 to replace the plumbing and stuff, and he wanted me to try to help with the trees, you know. It was an emergency, and so, I have been in this business for about 11 years, and I don't do trees in Cape Canaveral. I'm primarily Merritt Island, Cocoa Beach, Rockledge, you know, Viera and stuff, and when he told me there was an emergency, what do you do? You just, you go take care of it, so he doesn't have to pay any more money, no more fees, and the plumbing and stuff, and so, had I known you had to have a permit. I'm not trying to sidestep anything. The permit's free. Who in their right mind would not go get a permit before doing this, you know? So, I pretty much just went and did the work, without not even knowing that I needed a permit, you know. The second he told me, I immediately came down here and filed for a permit, and so I brought pictures. I brought pictures of a couple of the trees, one of the main ones, and in this one right here, you can see, you can barely see sabal palm in that. Attorney: Can we keep these for the record? 85 Martinez: Absolutely. Russell: Please label it exhibit A. Martinez: That sabal palm right there, sorry, that sabal palm was so engulfed by a banyan tree. Like if you know how these things start, they start off as something small in a tree. You'll see them in palms. They're referred to as a strangler fig, and once the strangler fig attaches, it starts living off the palm. It sends roots down the side of the tree, and once it plants into the ground, it'll just grow, grow, grow, grow, you know, and it becomes bigger and bigger, and before with all this rain about a month and a half ago, two months ago, we were dry. It was a drought, you know. So, trees like the banyan tree, which is in the ficus family, ficus trees, the roots just go in search of water, you know, and so there's been many a times that that tree was searching for water, and it eventually got into the plumbing and affected the plumbing, and so I was hired to remove it, and I did. Had I known that I needed a permit, I would have absolutely came and filed one first, and so that being said, here's a picture where you can see some of the roots. I wish I would have taken a few more because there was a little bit more in depth than that. You can see the roots growing, and you can see 2 different pipes, you know, down where the roots got in. That's just to show you that the roots actually grow into the area of. plumbing. 86 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But you're saying that it's a strangler fig roots that got into the plumbing not a palm tree, Martinez: No, a strangler fig, it starts. It's the beginning of a banyan tree. Have you seen strangler figs up in trees? Yes, and the root jacks in the palm trees, yes. Martinez: Yes, yes, once it roots into the ground, it just starts growing around the palm. On that first photo that you've seen. It's just— . Was it the roots from the strangler fig? Or was that the roots from the palm tree that was getting into the plumbing? Martinez: Oh, it was the fig. Palm tree roots, yeah palm tree roots, you basically— . That's what I was trying to understand. Martinez: Oh yeah, yeah, I'm sorry, I'm sorry. This is my first time doing this. I've never done this, so I apologize. Russell: I hope you never have to come back again for the same reason, either. 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Martinez: Exactly, because the permit's free, and I'll go and file one now that I know that I need to have them. Is this the building slab here? What is this I'm looking at in this picture? He's got a root, and it looks like concrete there. Martinez: Yes, it's a long side. Like I said, I took a bunch of pictures. That's the only one that I brought today. I should have brought more, and that is actually alongside the building. . Did you say that a strangler fig is in the banyan tree family? Is that what you're saying? Martinez: No, I said a banyan tree is in the ficus tree family. Have you ever dealt with the ficus? They belong in pots. You put them in the ground, and that turns into medieval, you know, Jurassic Park pretty much. These things take off, but these homeowners, they're absentee owners. They live up in New York. They haven't been down here for 15 years, I think, is the last time they were here. So, I have been taking care of the property within the last year, you know. They had somebody else, and they sought me out because they wanted better work done, so I started helping them, but knowing that we took out trees, they're wanting to build that property up, you know. It's an investment property. They're wanting to fix it up, and so I've got photos. I have put in two crepe myrtles. I put in a red crepe myrtle, and then I put in a lavender crape myrtle. I 88 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 also put in a triple adonidia, which is a Christmas palm. I put in one of those. I put in 5 or 6 ixoras■ and then I also put in a tlamethrower palm just to kind of jazz up the place. I should give this to them. They can keep that too. I printed these Taut. This just kind of lets you know the dangers of the roots of banyan trees and the simple fact that the rvcts do, they're in search of water. They'll go and go until they get water, you know. I'm still confused because you said it's a strangler fig roots •JL,r into the plumbing and then you're saying a banyan tree. Martinez: A strangler fig is a banyan tree. It starts out real small. Yeah, but I asked you a while ago was a strangler fig in the ban',zr: tree famil, . Martinez: Oh, did you? I'm sorry. IL is. Ail right, it's okay. I misunderstood you. Martinez: I'm sorry, I misunderstood the question, but e*•en with them up there, we plan on installing many more different types Uf trees - plants and trees. Tim Scully's mother wants me to put a magnolia tree in. I mean, they want to make it nicer and nicer. They're going to want me to 89 put new sod all through the property, you know. We'll either mulch or stone it, depending on what they decide to do, and just keep adding. I'm sorry, I can't hear you. Martinez: I said that we'll be adding like mulch, stone, different plants, trees, you know. They plan on building this property up, so there'll be no more taking out. It's going to be 100`:. putting stuff in to make it better, you know. Say again, what was your total invoice for the trees and work that you have done here? Martinez: In Cape Canaveral? No, for this job. Martinez: This job, I can't be honest in saying, you know. I know that it was around $1000. I don't know, I really don't. Sorry, I didn't bring a copy of that. My main thing is coming here in place of the homeowners because they're, you know, they're up north or whatever. . In those pictures, I didn't do a count, but how many trees are planted that you have replaced there? 90 Martinez: Two crepe myrtles, one red, one lavender; a triple adonidia or a Christmas palm; a flame.thrower palm and 6 Ixoras or 5. Russell: The issue that we're here to deal with basically involves the $500 fine, correct? Martinez: I believe so. Russell: You've educated us all beautifully, especially that scary picture of those roots. It's enough to make you go home dig automatic and start having at it. Martinez: They're essentially, he's calling them a specie tree, you know. A Magnolia and trees like that, that's a specie tree. They don't cause problems. Russell: You're looking for specimen trees as a replacement. Martinez: Yeah, yeah, and crepe myrtles absolutely are. Everything that we plan on putting in later down the road is something that will make the environment better and will only help their yard, you know. Russell: That duplex has a huge yard. Very close to the front of the lot. Mr. Palmer, you look like you're itching to say something. 91 Palmer: Yes ma'am. Just real quick, I review all tree permits and approve all of them, short of we know specimen trees, and I think there's a misconception here. That young gentleman here has stated a couple times that it's a free permit. We do not know that it would be a free permit until our arborist goes out and conducts his inspection of the tree prior to it cutting down. Now, if there's an invasive species that has wrapped around the tree, and the arborist determines that that is hazardous to the tree and requests it being removed, it becomes a free permit. However, there are still mitigation requirements. I know that he has stated that he's put a bunch of stuff in which would have met the mitigation requirements; however, if the arborist report was saying that one, that officer Robinson attested to, that one of them was still healthy. If he would have gone out and said this is still a healthy tree, I would have charged them for that permit. Russell: Would you have granted a permit? Palmer: Would I have granted the permit? Yes. Russell: Because of the nature of the damage that the roots were doing. Palmer: Well not only that, it's due to the type of trees that they're removing. We need to keep in mind that we are a tree city. It's the type of the trees that they're removing, okay. We don't tell them they can't remove trees. You can remove a tree; however, your mitigation, you know, 92 4 5 8 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 if it's a healthy tree, you're going to pay for the permit and then you'r:e going to mitigate. I mean I just want to clear this up that it wasn't actually determined that it would have been a free permit. It could have been. It was never determined that it would be. Mr. Palmer, one observation. He states here, the arborist, on Tree Hill, under growth obstructions, he says other, and he says a strangler ficus, right? We come down to the comments, and he simply says that 2 palm trees inspected were sabal. At the time of my inspection, both palms have been cut down without a permit. I don't see from this report, maybe you have that, that he has further comments concerning the strangler ficus and its effect on the tree and other conditions that are mitigating factors here. Palmer: That's because the tree was already removed. He has to see the tree in its state. I thought I saw a picture of the stump, and we had roots there, and saw pictures of the tree wrapped in a banyan or the ficus. Palmer: And Officer Robinson, I'm not going to take up any more of his time, he can speak on that because he spoke with the arborist on that. I just simply wanted to put on record that our permits aren't necessarily free. We do charge for them if they're removing certain types of trees. 93 I don't know this because I wasn't able to get an actual afborist report and an application. That's a determination for the board to make. Palmer: What? Whether a permit is free or not. Palmer: No, that's a determination that I make. I know but I'm saying we can rule, the board has the authority to rule, on whether to accept your recommendation, is that correct? Palmer: No, the recommendation has nothing to do with the permit. The fee is automatic if it is a healthy tree, but if it is not a healthy tree, what is the rule? Palmer: Yeah, we're getting ahead of — Two different things. Palmer: Yeah, the fine is for removing a tree without a permit. I just wanted to put in the record that. I didn't mean to take up his time. 94 1 2 3 4 5 6 7 8 .g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chris: Let me clarify this. The fine is for not getting the permit. What Brian is trying to say is that we don't know what the status of the trees were because the trees were removed. The majority of the foliage of the banyan tree, which is an invasive species, was gone, so just because we see one 3-foot log with a banyan tree wrapped around that portion of it, but in the other photos there was 3-foot logs, that didn't have banyan tree, Whether that came off during the removal of the tree or whether it wasn't there, we don't know, but the facts are that it says right here that trees severely diseased, severely injured or dead or trees that interfere with the construction, repair or public infrastructure facilities, you're still required to get a permit for that so that we can go and look out, go and look and see, is this a tree that we would authorize to be removed, or is this a tree that maybe needs to go to council because it may be a specimen tree. That's why we have the arborist, and the arborist has to go out and verify all this stuff. If everything that Mr. Martinez is saying is accurate, the permit would have likely been free, but we don't know that until it's inspected by the arborist. What we're here for today is he removed the trees without a permit, regardless of the ficus banyan tree wrapping itself around it; 2 sabal palms were removed without a permit. Russell: Regardless of their status. 95 1 2 3 9 7 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Chris: Yeah, it doesn't matter. We still need to inspect it. That's what the code says. That's what the Notice of Violation is for. . Even if it's an invasive species, a pepper tree for example, you still require a permit. Chris: Absolutely, because we don't know that it's a pepper tree. It could be mangroves, which look very similar to pepper trees, and you got somebody out there cutting a bunch of mangroves down, which is a protected tree. So, we have to have our arborist, who is the only one in the city who knows, who is properly trained to determine whether a tree should and could come down, and that step was missed, and two of Florida's state trees were removed without a permit, regardless of what was going on around the trees. I hate to bring it up, but now I'm curious. You would get a permit to remove a sabal palm. The issue would be, what would that cost, the permit, and what you'd have to put back in place. Is that correct? Chris: That's right. You'd have to mitigate it, yes. All right, thank you. So, these trees, under the law, the owner would have been permitted to remove those sabal palms with remediation and paying for the permit. 96 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Chris: Most likely. •Okay. Can we get those staff recommendations? Or more questions? Russell: Haven't heard one yet? Chris: Based on the evidence and testimony presented at this hearing, staff respectfully request that the Code Enforcement Board find the respondents in violation as set forth in the Notice of Violation and a fine be immediately imposed in the amount of $500 for the removal of 2 trees without obtaining the proper permit. Attorney: Can I ask one quick question? Chris: You sure can. Attorney: Just with the Notice of Violation, are you looking for a finding of a violation as 102-40a and so on also? Or is that informational? Chris: That was just information. Attorney: Okay. Just checking for purposes of the order when that gets drawn up. Thank you. 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Russell: Would you say that again so I can hear it? Attorney: I apologize. It is difficult tonight. Russell: No, it's all right.. It's ridiculous circumstances trying to hear. We should be sitting in the hall on a bench. Attorney: I was asking in the Notice of Violation whether staff was actually going for a finding of a violation as to the second cited section, which is 102-40, subsection a, 2 through 7, which is permit criteria, and I just asked him if that was provided for informational purposes only, and he said yes it was, so you all will be just looking, as far as finding a violation of section 102-39 and those subsections. Russell: If I read everything that was handed to us correctly, the fine rides with the property owner not the technician. Chris: That is correct. Russell: I can understand your point. Hartley: I have to just say this. I think in this situation, but for the permit, and I'm aware in some areas of the state a banyan, a ficus tree, is an invasive tree and no permit is required. Our city apparently requires a permit for invasive plants, but in this situation, he's 98 replaced the trees with approved trees, and not just 2, but he's done multiple trees, and I think that shows good faith in satisfying the requirements that we would normally expect, and it seems to me an abuse of authority, and I'll just say it, to impose this type of fine, and that's all I'm going to say about it. Russell: Thank you for sharing with us,. Charlie. Okay, we have a staff recommendation. Do we have that in the form of a motion? We don't have any choice, do we? Russell: I don't think so. We certainly have discretion as to the amount of the fine. Russell: No, we don't it's set. It's the same thing as — Our hands are tied. Russell: This is it. Take it or leave it, and I know you'd like to leave it, but right now you're going to have to take. it. Well, I seem to recall prior tree cases where we have not imposed a $250 fine per tree. 99 Russell: You're talking about the property on North Atlantic that got cleared, mowed, and someone claimed they didn't mow down any trees? . No, this is where they said they knocked a few trees down to go into the property to further inspect or something, you know, vacant property. Russell: I know what are you talking. But, whatever. . Well then, I would like to make a motion. I would move to reject staff's recommendation and let them go without delay. Russell: Charlie, you're not going to second that. Hartley: I'm going to second it. Russell: I thought so. Madame attorney? I'll let you address it at this point. Attorney: I'll just note what the code says. I mean, as far as the permit section, you know it does say that, yes, you know, a permit is required. No person shall engage in tree removal or engaging in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. As far as the 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 penalties for doing so, within section 102-38; subsection B as in Bravo, it has penalties, and it says in addition to all other remedies set forth in this division one or more of the following civil fines shall apply to violations of this division: Number one, failure to obtain a permit required by section 102-39, which is the permit section we're dealing with, fine of $250 per tree or $500 per specimen tree removed plus $500 per quarter acre of understoryr and we're not dealing with that, but as to the trees, that's what it says. I would make one comment. Insofar as the fines imposed by the city and the reduction of fines or in the review of fines, this board has the discretionary authority to review the fines and make that determination, and 1 don't have that particular ordinance before me to review it, but we have made that decision before when it comes to fines. So, the motion stands I believe. Russell: It has not been voted upon. We're still debating it. Attorney: I'm not sure what ordinance you're discussing, as far as the discretion with fines offhand. But I'm saying I still feel this a valid motion. Russell: I don't know what to do at this point. 101 Vote on the motion. Attorney: Well, I mean there's been a motion and a second, so there should be a vote on the motion. I've also said what the code is, the city, you know you all are aware of what the code is, and you're here to find whether or not there was a violation of the code, and then I know that chapter 162 gives you discretion as far as up to $250 and such, but the city code here does say $250. So, we could accept the recommendation with the exception that a fine is not imposed in this particular case. Attorney: Again, I'm not sure which ordinance is being referred to about discretion with the fine that's provided for by city code, and I mean, I can tell you what the code says, and that, you know, the board sort of looks to the city code to apply that. Hypothetically, if we made if we moved to fine this gentleman, could he appeal to the City Council? Attorney: If you move to fine him? Yes. Attorney: We11, I mean, it's under Chapter 162 is what we're here for, so it'd be an appeal to the circuit court. It's not a matter of appealing, it's not as though we're doing, I was going to say a lien reduction, but 102 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now the board actually has that authority not the recommendation that it used to have. I have to point out that based on what council said earlier it sounds to me as though an appeal to whatever the next higher authority would be would not be involved as to the amount, but the statute says or whatever it is it's $250, and that's why my motion was to decline the recommendation of staff, that sidesteps the issue. Russell: That makes nothing on the issue. It's just declining the recommendation. That's correct. No fine will be imposed, and go on, you know, next case. Russell: I like the way you're thinking. I personally think that the tree situation has to be re-adressed again. The city has to correct it a little more I think. Initially, it was just out of control. It was terrible, and they revised it, and I think they need to re -address it again. Russell: If a plumber had been called up to address the situation that they found in that yard, would we then still have had to have the permit for the tree? 103 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Chris: Absolutely. Russell: $500 is a whole lot cheaper than $7400 worth of plumbing. I just don't, as Charles said, I just don't think the fine is appropriate under these circumstances, particularly with all the work they did after their mistake. Russell: Ladies? I agree with all that. I think it feels, it just feels wrong. Does this regulation just pertain to Cape Canaveral or is it a county? Russell: I'm sure there are other cities that have it, but we seem to have the biggest issues with it. Attorney: I'm sure other cities have similar provisions in their code, but that's what the Cape Canaveral code provides for is the $250 per tree. Well, as Charles pointed out, other cities do not require a permit for an invasive species, so— . I mean, what if you bought a huge tree for a gift for your spouse and you had it planted, and the next morning they said, I don't really 104 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 like that, do they have to get a permit to have it removed to put a different one in? Chris: No, they don't. It just seems like the rule should be a good one, but it's kind of a little bit ominous. Russell: I kept looking at that the notation that Mr. Davis is it? Tim Davis. Russell: Tim Davis, he had written on there, tree health, and at the very last thing, growth obstructions, and the last one says other, check, strangler ficus. That should be either printed in red, moved to the head of the list, or is a mitigating cause, any one of several phrases that could discover what is the damage that the strangler ficus was doing. Not to the tree so much as to the house. It wasn't strangling the tree as much as it was strangling the house. I'm going to go back to something Chris said, which now sounds more profound. We can reject the recommendation of staff. We do not have to accept that, and I don't know that we have to give a reason for that. Russell: True. Fail to pass. 105 7 a 9' 10 11 12 13 14 1:5 16 17 18 19 20 21 22 23 24 25 For any number of reasons. Russell: So., your motion is to reject the staffI s r'eCommendat, -on Correct, and Charlie seconded it. Russell: Charlie seconded it. . I accept too. Russell: Any further discussion? Attorney: Can you plat the: staff recommendation back up on the screen please.? Sorry. Okay, and j:ast to mention though,. I understand if you want to, however the board moves forward with all the information and advice that's been given, you'll still have to then move f'orwar.d to find it in violation or not. . Why is that? I disagree. It's .just my opinion, but we're rejecting the recommendation, move on, next •case. Attorney: But you have to make some kind of decision. . No, we don't. 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We don't. We make a decision to reject it. That's it. Russell: We accept the evidence and we accept the testimony, but we reject the punishment portion of the — Attorney: I'm not saying you can't reject the punishment portion, but there should be a finding of violation or not in violation eventually, whether it's the next motion. Again, I respectfully disagree. We are not bound to make a decision that finds whether there's a violation or not. We're not bound by that. What we're doing is rejecting the staff recommendation period. Let's not complicate it. Let's not move beyond what we have to do to achieve what we believe, at least I believe, would be a just result under these circumstances in this case. Russell: How about we re -word it to say based on the evidence and testimony presented in this hearing, staff respectfully request that the Code Enforcement Board find the respondent in violation as set forth in the violation, but in this particular instance, the fine will be eliminated. 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 We've been told we can't do that. I disagree, but we've been told we cannot. I thought that's what you were saying, that we can't change the amount of the fine. Attorney: I'm telling you what the code says and that you're supposed to apply the code as a board, and I'm just, under chapter 162, a Code Enforcement Board, a notice of violation has been brought, there needs to be a finding in violation or not in violation, so I understand if you're just speaking to rejecting staff's recommendation solely as to the amount of the fine, and I'm you know only stating that, I've told you what is in the code. You all are a board to make your decision. Again, you'd have to show me where the code says we have to make a finding on a violation brought before the board, that we have to. I'm sure we can, but shall, have to, or of course I admit to complete ignorance in this area of the law and many others. Chris: If I may interject, I mean, the whole reason for us coming here is for a violation or no violation. The fine is a separate entity on itself. We need a determination whether there is a violation or not a violation of Cape Canaveral code. Russell: We agree it's a violation of — Understood, but our job is also to try to be fair. 108 Chris: Sure, I understand that. I just wanted to make sure because we have to know whether it's a 'violation of not a violation, and if you guys want to say that there's no fine that's up to the code. I just wanted to throw that in there. Russell: It's extenuating circumstances, If I have a tree in my backyard that has — Look, based on the evidence in the — Russell: Jasmine growing on it, I'm not going to have to cut down that tree because the jasmine's not going to grow and kill my pipes. Based on the evidence and testimony presented, we reject it. Attorney: Can you give me one moment to answer the question about the procedure? The requirement. Attorney: Right, and it's chapter 162, which is state law, which governs local government code enforcement boards. In 162.07, the conduct of the hearing, and subsection three, and this is after, you know, the hearing's been requested and here we are. An enforcement board shall proceed to 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded, take testimony from the code inspector and the alleged violator. Sorry, subsection 4, at the conclusion of the hearing, the enforcement board shall issue findings of fact based upon evidence of record and conclusions of law and shall issue an order affording the proper relief consistent with the powers granted herein, but you have to make a findings of fact, whether it's in violation or not. You're being presented with a Notice of Violation. The relief found appropriate under this motion is we reject the recommendation. We are not hamstrung here. We are not just rubber stamping something here. This is a situation. We received testimony that does not support, in my opinion, the recommendation. That's all. Russell: But I don't think it supports the imposition of the fine. I truly agree that, yes, a tree, 2 trees were cut down, and we saw the evidence of their being cut down, and yes, that's violates our code regarding removal of trees, but I don't see that we have to impose a fine. Attorney: I'm telling you what the code is. I am not a member of the board. I explain my job here at the end of the day is just to explain the law. Russell: The last few sentences you read, read them again. 110 1 3 4 5 6 7 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 1 call a vote. Russell: We have to vote on that sir. : Pardon. Russell: All right, the vote has been called. We have to tote yes to call the question or to continue debate. Call the question please. Secretary: Miss Russell. Russell: I'm trying to decide whether I'm supposed to gay Jes or no. want to keep talking about it, so which is that, a yes or no? 1 vote to continue the discussion. Get everybody else. Secretary: Mr.. Cloney. Cloney: I vote to end discussion. Attorney: But what are you •Toting on, I'm sorry. Voting on the motion. Attorney Yes, go on, please. 111 3 4 5 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Secretary: Mr. Hale. Hale: I vote to end the discussion. Continue discussion. Continue discussion. Continue discussion. Secretary: Mr. Hartley. Russell: Mr. Hartley said stop debating. So, now the discussion continues. They all voted to continue. Okay, so we can't call the question if the majority votes to continue the discussion, which as we all learned last week in our little workshop. Okay, now I asked you to read me 2 sentences. Would you do that? Attorney: At the conclusion of the hearing, the enforcement board shall issue findings of fact based upon evidence of record and conclusions of law and shall issue an order affording the proper relief consistent with the powers granted herein, in the statute. Russell: But it does not say in finding relief that we must or may not impose a fine. It doesn't direct the issue of fine at all. It's saying, 112 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you knoW, issue findings of fact, so do you find them in violation or not, but the city code, what I told you before is where it states about if there's not, that the penalty for that would be $250 per tree. That you all, of course, governed by 162, and then to apply the city code. My point is there needs to be a finding of violation or not violation. Russell: We all agree it was a violation. I don't think there's any of us that question the fact that it was a violation. We just don't agree with the penalty of it. Where's a city council member when we need one? What's the consequences of us not accepting staff's recommendation? Russell: We'd probably get to hear this whole thing again. That may not be a bad thing. We might have some input from city council by then. Russell: Good point. Well let me point out, as counsel has said, accurately quoting, that we are to afford the proper relief consistent with the powers granted herein. Powers, not the limitations of some state law somewhere that says it's constrained your authority. This says, I don't know what the powers we are granted. 113 Russell: The powers say 250, right? Pardon me? Russell: The powers are the 250 words, right? No, I don't interpret it that way at all. We are supposed to impose relief consistent with the powers granted herein, not the penalties specified by statute, not what some legislature somewhere came up with, it's what our powers are. So, the question, based upon that operative sentence, is what are our powers. Attorney: I'll answer that question by looking back to the statute where it says 162.08, the powers of the enforcement board, because this is specifically in relation to where it's put into the statute, and you can, shall have the power to adopt rules for the conduct of its hearings, subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff or the county or Police Department or the municipality. Subpoena evidence to its hearings, take testimony under oath — Russell: We're not able to hear what you're saying. 114 1 2 5 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Attorney: Oh geez, I'm sorry, this is difficult tonight. The one that's going to be the most relevant is number 5, which is issue orders haling the force of law to command whatever steps are necessary to bring a violation into compliance. No orders are necessary in this case under these circumstances because it's remediated. Russell: That's true. It's a done deal — It's done. . Can't we say they're in violation of the law, but we recommend suspending the fine. what we could do apparently is say we reject the staff recommendation. We find there are no steps necessary to bring this violation into compliance. How about that? It's just not necessary. Russell: It's already been done, except for the fine portion, because he already has remediated the trees, correct? 115 Attorney: You don't have to say anything in regards to the staff recommendation in your motion. That's just a recommendation on the screen from staff, but you do need to make a finding of violation or not violation and then something else, No, what we have to do is what it said. We have the power to command whatever steps are necessary to bring a violation into compliance. I change my motion. I move that We find there are no steps necessary to correct this violation period. Done. Russell: Mr. Hartley, do you accept that renovation. Hartley: I accept that motion as amended, second. Russell: Now are we ready to call the question? Would you read what's your final motion is? If I can see that again. Hartley: I move that we find there are no steps necessary to bring a violation into compliance in this case under these circumstances. That was good. Russell: And you second that Mr. Hartley? 116 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 Hartley: I second. Russell: Now can we call the. question? Everybody ready to vote? Hanes Up if you want to vote now. No. more cOnve 'satiOf. Russell: Call the r011. Secretary: Miss Russell. Russell: For. Secretary: Mr. Cloney:. Cloney: For. Secretary: Mr. Hale. Hale: For. Secretary: Mr. Hartley. Hartley: For. 117 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Secretary: Miss Collins. Collins: For. Secretary: Miss Stone. Stone: For. We are trying to avoid fining you. That's what this is about. . We're working hard for you. Martinez: Thank you so much. Thank you. Get a permit next time. Russell: Thank you for your patience. This is this is government in the raw. We kept those other pictures as evidence, but there was one that was a duplicate, and I want to give that back to you. Attornev: Is there a motion to adjourn? Russell: Oh, yes. We need to adjourn. 118 City's Exhibit 3 GARGANESE, WEISS, D'AGRESTA & SALZMAN, P.A. 111 N. Orange Avenue, Suite 2000 P.O. BOX 2873 ORLANDO, FL 32802-2873 Ph: 407-425-9566 Fax:407-425-9596 City of Cape Canaveral May 24, 2022 100 Polk Avenue Cape Canaveral, FL 32920 Attention: City Manager File #: 513-069 Inv #: Settle RE: Oceanside Palms Condominium Association, Inc. v. City of Cape Canaveral - Code Enforcement Appeal DATE DESCRIPTION HOURS AMOUNT LAWYER Sep-06-18 Notice of appeal; attention to file regarding 0.20 36.40 EJO calendaring deadlines, etc. Sep-10-18 Attention to file to obtain copy of code enforcement 0.10 18.20 EJO file. Sep-11-18 Attention to file to determine whether appeal files 0.20 36.40 EJO have been opened by circuit court clerk. Sep-13-18 Attention to file regarding obtaining copy of CEB 0.20 36.40 EJO file from City and responding to inquiry from Brian Palmer regarding appeal. Sep-14-18 Attention to file to obtain case number from clerk's 0.10 18.20 EJO office. Sep-18-18 Prepare notice of appearance. 0.20 36.40 EJO Oct-02-18 Attention to file regarding obtaining copy of power 0.20 37.00 EJO point and code enforcement file from city. Attention to file regarding obtaining copy of power 0.20 37.00 EJO point and code enforcement file from city. Oct-05-18 Attention to file regarding obtaining copy of code 0.20 37.00 EJO enforcement documents. Invoice #: Settle Page 2 May 24, 2022 Oct-09-18 Communications from legal counsel regarding 0.20 37.00 JBN request for documents submitted during code enforcement hearings; related communications. Attention to file regarding opposing counsel's 0.20 37.00 EJO request for a copy of the documents filed during the code board meeting; receive and review minutes from code board meeting. Oct-11-18 Attention to file regarding opposing counsel's request for documents in record before code board. 0.10 18.50 EJO Oct-16-18 Attention to file regarding obtaining copy of record 0.20 37.00 EJO of CEB proceedings. Oct-17-18 Receive and review response from Brian Palmer 0.10 18.50 EJO regarding record of CEB proceedings. Oct-18-18 Legal research and strategy regarding appellate 0.40 74.00 JBN record and related matters. Oct-24-18 Review file and meeting matters regarding appeal, 0.00 0.00 JBN testimony and exhibits. Attention to file regarding evidence presented at 0.20 37.00 EJO CEB hearing. Nov-15-18 Receive and briefly review initial brief and 1.00 185.00 EJO appendix. Dec-04-18 Oceanside: Work on Answer Brief. 2.10 388.50 EJO Oceanside: Prepare e-mail to opposing counsel 0.20 37.00 EJO regarding extension of time to serve Answer Brief. Dec-05-18 Prepare motion for extension of time to file Answer 0.90 166.50 EJO Brief; receive and review notice from court hat motion was received; prepare proposed order granting said motion. Dec-06-18 Attention to file regarding seeking appellate 0.90 166.50 EJO attorneys; fees; two telephone conferences with opposing counsel regarding request for extension of time; prepare proposed order on motion for extension of time and transmit same to opposing counsel for review; receive and review counsel's response; finalize proposed order; reply to opposing counsel. Invoice #: Settle Page 3 May 24, 2022 Receive and review e-mail from Judge's JA 0.30 55.50 EJO acknowledging receipt of proposed order; receive and review order granting extension of time; attention to file regarding calendaring new deadline. Dec-12-18 Continue to work on Answer Brief. 1.10 203.50 EJO Dec-13-18 Continue to work on Answer Brief. 2.00 370.00 EJO Dec-14-18 Work on Answer Brief. 2.00 370.00 EJO Dec-17-18 Receive and review IPMC (1998 ed.); continue to 1.10 203.50 EJO work on Answer Brief. Dec-18-18 Continue to prepare Answer Brief. 1.30 240.50 EJO Dec-19-18 Continue to work on Answer Brief. 1.90 351.50 EJO Dec-20-18 Continue to prepare Answer Brief; prepare e-mail 3.00 555.00 EJO to opposing counsel regarding extension of time to serve Answer Brief. Dec-21-18 Prepare motion for extension of time to serve 0.40 74.00 EJO answer brief; prepare e-mail to opposing counsel confirming his verbal objection to same; receive and review notice from court that motion was accepted. Dec-27-18 Continue to prepare answer brief. 4.40 814.00 EJO Dec-28-18 Review draft answer brief and provide comments. 0.70 129.50 DSB Continue to prepare answer brief; conduct 3.80 703.00 EJO additional research for answer brief; edit, revise, and finalize answer brief; prepare appendix to answer brief. Jan-02-19 Receive and review notice form clerk that 0.40 74.00 EJO processing was completed for answer brief and appendix; prepare proposed order granting extension of time; forward appellate briefs to city manager. Jan-03-19 Receive and review objection to motion for 1.50 277.50 EJO extension of time and motion to strike Invoice #: Settle Page 4 May 24, 2022 Answer Brief; conduct research for response to motion to strike; prepare response to motion to strike; receive and review emails from opposing counsel to judicial assistant. Jan-07-19 Attention to file to confirm we have no basis upon 0.20 37.00 EJO which to seek attorneys' fees. Jan-08-19 Attention to pre -suit notice. 0.20 37.00 AAG Transmit Reply Brief to David Greene; receive and 0.20 37.00 EJO review order granting second extension of time and deeming Answer Brief timely filed. Jan-09-19 Review and analyze Answer Brief; conduct 1.50 277.50 EJO research regarding arguments raised in Answer Brief. Jan-17-19 Receive and review request for oral argument. 0.10 18.50 EJO Feb-06-19 Attention to file to determine case status. 0.20 37.00 EJO Feb-20-19 Attention to file to confirm there has been no record 0.20 37.00 EJO activity. Apr-03-19 Attention to file to determine whether or not court 0.10 18.50 EJO has scheduled oral argument. Apr-12-19 Receive and review order setting case for oral 0.20 37.00 EJO argument; attention to file regarding same. Apr-16-19 Receive and review Order of Recusal filed by 0.20 37.00 EJO Judge Reinman; attention to file regarding same. Apr-18-19 Receive and review e-mail from opposing counsel 0.50 92.50 EJO regarding extending date for oral argument; respond to same; receive and review reply; receive and review motion to continue. Apr-22-19 Receive and review order rescheduling oral 0.20 37.00 EJO argument; follow-up regarding same. May-01-19 Receive and review order scheduling oral 0.10 18.50 EJO argument. May-16-19 Receive and review correspondence from Anne 0.20 37.00 EJO Marie Giri to Judge Roberts regarding appearance at oral argument; attention to file regarding same. Invoice #: Settle Page 5 May 24, 2022 May-20-19 Begin to prepare for oral argument. 3.00 555.00 EJO May-21-19 Prepare for oral argument. 2.30 425.50 EJO May-22-19 Continue to prepare for oral argument; present oral 3.70 684.50 EJO argument; attention to file regarding same. May-23-19 Prepare update to client regarding oral argument. 0.20 37.00 EJO Jun-03-19 Receipt and review court order; follow-up 0.40 74.00 AAG regarding same. Receive, and review court's decision; transmit 0.50 92.50 EJO decision to city; attention to file regarding calendaring future deadlines. Jun-19-19 Attention to file to determine whether Bogart filed 0.10 18.50 EJO petition for writ of certiorari in Fifth DCA. Jun-20-19 Attention to file to determine if Oceanside has 0.10 18.50 EJO sought further review of circuit court's decision. Jun-21-19 Receive and review directions to issue Mandate. 0.10 18.50 EJO Jun-25-19 Receive and review Mandate. 0.10 18.50 EJO Jul-03-19 Transmit mandate to city manager with case 0.80 148.00 EJO update; receive and briefly review copy of petition for writ of certiorari filed with 5th DCA; forward same to city manager; attention to file to determine if duplicate filings were another new case. Jul-04-19 Receipt and review petition appeal before 5th 0.80 148.00 AAG DCA. Jul-08-19 Receipt and review 5th DCA petition Appendix and 0.30 55.50 AAG court order. Receive and review Acknowledgment of new case; 0.40 74.00 EJO receive and review newly filed copy of Appendix to Petition for Writ of Certiorari; receive and review order to show cause; attention to file regarding same. Jul-11-19 Prepare notice of appearance in 5th DCA case. 0.10 18.50 EJO Invoice #: Settle Page 6 May 24, 2022 Jul-12-19 Receive and review notice from court that notice of 0.10 18.50 EJO appearance was docketed. Jul-14-19 Prepare motion for extension of time to file 0.20 37.00 EJO response; receive and review notice from court that motion was received. Jul-15-19 Receive and review notice from court that motion 0.20 37.00 EJO for extension of time was docketed; receive and review order granting motion for extension of time; attention to file regarding calendaring deadline. Jul-24-19 Review Appendix to Petition for Writ of Certiorari; 1.50 277.50 EJO begin to prepare response to petition for writ of certiorari. Jul-31-19 Work on response to petition and provide strategic 0.40 74.00 AAG direction. Continue to work on response to petition for writ of 1.50 277.50 EJO certiorari. Aug-06-19 Provide strategic direction regarding petition. 0.60 111.00 AAG Review/edit Answer brief. 1.30 240.50 AAG Begin to prepare response to petition for Writ of 2.00 370.00 EJO Certiorari. Aug-13-19 Continue to work on response to petition for Writ of 2.60 481.00 EJO Certiorari. Continue to work on response to petition for Writ of 2.60 481.00 EJO Certiorari. Aug-14-19 Work on response to petition for writ of certiorari. 2.20 407.00 EJO Aug-15-19 Continue to prepare response to petition for writ of 1.10 203.50 EJO certiorari. Aug-16-19 Continue to prepare Answer Brief and prepare 3.20 592.00 EJO Appendix to Answer Brief. Aug-19-19 Edit, revise, and finalize response to petition for 3.00 555.00 EJO writ of certiorari and appendix thereto. Invoice #: Settle Page 7 May 24, 2022 Aug-20-19 Receive and review notice from clerk that response 0.10 18.50 EJO and appendix were both docketed. Prepare update to David Greene regarding case 0.20 37.00 EJO status. Aug-28-19 Receive, review, and respond to e-mail from 0.20 37.00 EJO opposing counsel regarding extension of time to serve reply; receive and review order form court denying said motion. Aug-30-19 Receive and review Oceanside Palms' Motion for 0.80 148.00 EJO Extension of Time to serve Reply Brief; attention to file regarding due date for same; receive and review order denying said motion; receive and review amended motion for extension of time to serve reply brief; receive and review order granting extension of time to serve reply brief. Sep-09-19 Attention to Reply Brief and Oral Argument. 0.40 74.00 AAG Receive and review Reply Brief and Request for 0.30 55.50 EJO Oral Argument. Sep-10-19 Receive and review order dispensing with oral 0.20 37.00 EJO argument; attention to file regarding same. Oct-10-19 Attention to file to confirm there has been no record 0.20 37.40 EJO activity. Nov-11-19 review fifth District Court's decision in Central 0.60 112.20 EJO Florida Investments v Orange County 5D19-943, and analyze potential impact on this case. Nov-13-19 Receive and review order from Fifth DCA denying 0.40 74.80 EJO petition for writ of certiorari; attention to file regarding calendaring deadline to file motion for written opinion. Dec-03-19 Attention to file regarding passage of time for 0.30 56.10 EJO Oceanside Palms to file a motion for rehearing/written opinion; prepare update to City Manager regarding case; receive and review e-mails from T. Morley and D. Dickey in response to update. Totals 75.20 $13,912.00 Invoice #: Settle Page 8 May 24, 2022 SUMMARY HOURS RATE TOTAL FEES ANTHONY A GARGANESE 4.40 $195.00 $814.00 DEBRA S. BABB-NUTCHER 0.70 $195.00 $129.50 JENNIFER B. NIX 0.60 $195.00 $111.00 ERIN J. O'LEARY 69.50 $187.00 $12,857.50 DISBURSEMENTS Photocopies 408.25 Dec-31-18 Online Computer Research Cost 35.43 Apr-30-19 Online Computer Research Cost 77.68 Totals $521.36 Total Fee & Disbursements for all charges on this matter $14,433.36 TAX ID Number 59-3372519 PAYMENT DETAILS Oct-22-18 Check No. 53933 182.00 Nov-19-18 CheckNo.54031 383.50 Jan-02-19 Check #54166 289.00 Jan-17-19 Check No. 54267 4,828.50 Feb-19-19 CheckNo.54383 827.93 Mar-18-19 CheckNo.54497 74.00 May-20-19 Check No. 54729 222.00 Jun-17-19 CheckNo.54864 1,837.18 Jul-18-19 Check No. 54970 240.50 Aug-21-19 Check #55093 1,393.00 Sep-19-19 Check #55192 3,554.25 Oct-18-19 CheckNo.55325 321.00 Nov-18-19 CheckNo.55437 37.40 Jan-02-20 Check #55529 187.00 Jan-17-20 Check No. 55632 56.10 Invoice #: Settle Page 9 May 24, 2022 Total Payments $14,433.36 SPECIAL MAGISTRATE OF THE CITY OF CAPE CANAVERAL Code Enforcement Case: #17-179 Application for Lien Reduction/Release In re Jeffrey W. Wells and Oceanside Palms, LLC, Applicants. REPORT AND RECOMMENDATION OF THE SPECIAL MAGISTRATE The Special Magistrate of the City of Cape Canaveral submits this Report and Recommendation to the City Council on the Application for Lien Release or Reduction of Code Enforcement Lien by Oceanside Palms, LLC and Jeffery W. Wells (the "Applicants"), owners of the Oceanside Palms property at 321 Johnson Avenue, Cape Canaveral, Florida 32920. I. EXECUTIVE SUMMARY Hurricane Irma struck the City of Cape Canaveral on September 10, 2017, resulting in severe damage to Oceanside Palms, a two-story condominium and rental complex. In the ensuing months, delays in submitting a complete application for a construction permit to repair and rebuild the northeast building's roof resulted in water intrusion during rainstorms. Water damage became so severe that ceilings in some units, including Unit A-10, caved -in. Ten months after the hurricane, on July 19, 2018, the Code Enforcement Board found violations of the Florida Building Code and International Property Maintenance Code (both incorporated into the City Code), including for construction without a building permit and in violation of two Stop Work orders. No one disputes that, by April 16, 2021, the $75.00 daily fines assessed by the Code Board had accrued to $75,150.00. In the instant proceeding, the Applicants Page 1 of 28 seek release or reduction of the Code Enforcement lien. For the reasons that follow, the City Council should deny the application. The Applicants seek a lien reduction or release based on their contention that the final plumbing inspection on Unit A-10, under Permit #18-1580 (the "Plumbing Permit"), actually occurred on February 19, 2019, a month after they had leased the unit and allowed a tenant to move -in. The Applicants contend the fines should have ceased on that date, when the City's own records indicate a final inspection was scheduled.' The City denies that a final inspection occurred on February 19, 2019, because the Plumbing Permit expired on February 6, 2019, and the City's computer system would not have allowed scheduling of a final inspection on an expired permit. Nor would staff have conducted and passed a final inspection on an expired permit. The City contends that the February 19, 2019 date showing a "scheduled" final inspection in its records reflects corrupted data, a computer conversion date inserted during the conversion into the "Final Inspection" fields. Permit 18-1579, for soffit repairs at Oceanside Palms (the "Soffit Repair Permit"), expired without a final inspection on February 6, 2019 (the same expiration date as the Plumbing Permit). The City reopened the Soffit Repair Permit on Applicants' request on April 12, 2021, and closed it after a final inspection more than two years after the hurricane, on April 15, 2021. Applicants had a duty to ensure that their contractors, in this case, their own affiliated construction company, pulled all permits, requested, and obtained all inspections required under the Building Code. Applicants entered no documentary evidence into the record as to when their construction affiliate 'Applicants' Exhibit 1. Page 2 of 28 completed any repairs —either the plumbing for Unit A-10 or the roof soffit. During the Code Board hearing, the Applicants' property manager testified that the construction contract had no completion date.2 Regardless of when the final inspection on the Plumbing Permit occurred, Applicants did not follow the procedure set forth in the Code Board's Order to stop fines from accruing. Applicants had a duty to inform the Code Officer that they had corrected the violations. A mere request to the Building Department for a final inspection (that the City could not have lawfully approved on an expired permit) was insufficient to stop the accrual of fines under the Order's explicit terms. The City's Ordinance on lien reduction and releases requires consideration of the gravity of the violations. Applicants performed construction without submitting engineering drawings, without obtaining building permits, and in defiance of two Stop Work orders, endangering public health, safety, and welfare. Applicants' actions and omissions resulted in appalling living conditions for the residents in the affected units. Applicants did not express remorse for their unpermitted construction, for their defiance of two Stop Work orders, for the consequent construction delays, or for the substandard living conditions afflicting their residents. The City Council should not reward misconduct of this sort and should instead deny the application. II. THE FINDINGS OF FACT Based on the exhibits and testimony, including facts established at the Code Board's July 2 Transcript, p. 75 (City's Exhibit 2). Page 3 of 28 19, 2018 hearing,3 the Special Magistrate makes the following Findings of Fact:4 A. Applicants' Unpermitted Construction 1. Hurricane Irma struck the City of Cape Canaveral on September 10, 2017, resulting in severe damage to Oceanside Palms, a two-story condominium complex whose owners rent units to tenants.' 2. On September 20, 2017, ten days after the hurricane, Applicants submitted a permit application for re -roofing. However, the City could not issue the permit because replacing roof trusses, which are structural components, required engineering drawings. The Applicants submitted none.6 3. On September 26, 2017, City staff observed Applicants replacing roof trusses in the northeast building without having submitted engineering drawings and without having received a building permit.? 4. On September 27, 2017, the City posted a Stop Work Order.8 5. On October 19, 2017, City staff discovered that someone had removed the posted 3 Collateral estoppel prohibits parties from re -litigating issues already decided between them in judicial and quasi-judicial proceedings. The Code Board accepted the facts presented by the City when it unanimously accepted the staff recommendation "based on the evidence and testimony presented." Transcript, p. 76 (City's Exhibit 2). a The Special Magistrate administratively re -numbered certain exhibits for clarity in the Record. This Report and Recommendation will include the Application and all exhibits of both parties as attachments. 5 The Special Magistrate takes judicial notice that Hurricane Irma traveled up the Florida peninsula on September 10, 2018, based on National Weather Service's posted Local Report/Summary available at: https://www.weather.gov/mfl/hurricaneirma. The complex is two -stories tall. Transcript, pp. 60-61 (City's Exhibit 2). 6 City's PowerPoint, Exhibit 1, second slide. City's PowerPoint, Exhibit 1, second slide; Transcript, p. 60 (City's Exhibit 2). 8 City's PowerPoint, Exhibit 1, second slide. Page 4 of 28 Stop Work Order.9 The Building Department confirmed it still had not received any engineering drawings and, consequently, had not issued any permits. 6. On November 27, 2017, Staff observed continued non -permitted work at Oceanside Palms and, thereafter, posted a second Stop Work Order. At this point, the City issued a Notice of Violation for non -permitted construction and a code enforcement citation for the contractor's unlawful construction.1° 7. On December 28, 2017, staff informed Applicants, through their attorney, that once they properly obtained a construction permit for the roofing (which required the engineering drawings), completed the roof repairs, and paid the citation, the Subject Property would be in compliance." 8. On February 5, 2018, the City issued Permit #18-0508 for "emergency, temporary repair dry -in" (the "Emergency Roof Repair Permit").12 9. On April 23, 2018, City staff received a call that the ceiling in Unit A-10 had collapsed due to rain. The unit sits directly below the roof partially repaired without a permit. Applicants' construction affiliate had installed tarpaper, but no shingles in the seven months since Hurricane Irma. The ceiling collapsed onto the tenant's couch, flooding the unit.13 The tenant lacked adequate protection from the elements.14 s City's PowerPoint (City's Exhibit 1), second slide; Transcript, p. 58 (City's Exhibit 2). 10 City's PowerPoint (City's Exhibit 1), second slide; Transcript, p. 58-59 (City's Exhibit 2). 11 City's PowerPoint (City's Exhibit 1), third slide; Transcript, p. 59 (City's Exhibit 2). 12 Id. 13 Transcript, p. 59 (City's Exhibit 2) 14 Transcript, p. 60 (City's Exhibit 2). Page 5 of 28 10. On April 24, 2018, Code Enforcement staff met with Applicants to discuss the lingering, deteriorating situation. is The City explained to Applicants that they had never completed work under the emergency dry -in permit.16 11. At the Special Magistrate's hearing, the parties disputed whether Applicants removed drywall and stripped Unit A-10 to the studs without a building permit. The doctrine of collateral estoppel precludes re -litigation of the issue. The Code Board accepted the staff recommendation unanimously, "based on the evidence and testimony presented," which included Code Enforcement Officer Robinson's testimony, as follows: I still have not received a permit for the trusses that were repaired, and I still have not received permits for all of the work that was done on the interior of that unit. I went out there. Unfortunately, I wasn't being able to take a photograph because they closed the door before I could photograph the scene, but when I went out there originally and saw in there and put the stop -work order on, the interior of that unit was gutted all the way to the studs, and since then, they had made it livable, and there's people living in it, and no permits have been received.17 The Special Magistrate, therefore, must accept the prior adjudication that the violation occurred as described by the Code Enforcement Officer. Applicants' construction affiliate repaired Unit A-10 without a building permit and in defiance of a second Stop Work Order. 12. On June 6, 2018, a citizen complained to the City's Code Enforcement division about a roof collapse in yet another unit.18 'City's PowerPoint, Exhibit 1, fourth slide. 16 Transcript, pp. 59-60 (City's Exhibit 2). 17 Transcript, p. 62 (City's Exhibit 2). 18 City's PowerPoint, Exhibit 1, fourth slide. Page 6 of 28 13. On June 7, 2018, the City issued an amended Notice of Violation, demanding that Applicants apply for, and obtain a non -emergency permit for roof repairs, apply for and obtain a permit to repair the damaged unit, complete all work, and pass final inspections.19 14. A week later, on or about June 14, 2018, Applicants submitted an application for a permit to re -roof the damaged area.20 15. On July 11, 2018, the City issued Permit 18-1467 (the "Roofing Permit").21 16. On July 19, 2018, Applicants applied for a Permit to repair the building's roof soffit and, on August 6, 2018, the City issued the Soffit Permit (#18-1579).22 17. On June 26, 2018, the City's Code Enforcement division received numerous complaints about water leaks and damage at the Oceanside Palms complex.23 18. On July 11, 2018, Applicants submitted an application for a commercial plumbing permit relating to the repair of Unit A-10.24 B. The Code Board Hearing 19. On July 19, 2018, the Code Board met and considered whether Applicants had violated City codes for, among other things, performing construction without a permit and in defiance of two Stop Work orders.25 19 City's PowerPoint, Exhibit 1, fifth slide; see Transcript, p. 60 (City's Exhibit 2). 20 City's PowerPoint, Exhibit 1, fourth slide, indicates submission on June 13, 2018. The transcript indicates submission on the following day, June 14, 2018. Transcript, p. 60 (City's Exhibit 2). 21 City's PowerPoint, Exhibit 1, sixth slide. 22 Id. 23 City's PowerPoint, Exhibit 1, fourth slide. 24 City's PowerPoint, Exhibit 1, sixth slide. 25 City's PowerPoint, Exhibit 1, fourth slide. Page 7 of 28 20. As of the hearing date, the Applicants were re -shingling the northeast building.26 However, they had not obtained a permit to repair and replace the roof trusses.27 The City would require attic access to inspect the trusses.28 Code Enforcement Officer Robinson testified, "[T]he fact of the matter is there was no permit for that. It's required a permit. It's structural. It needs to be done. It needs to be inspected, and it has needed to be done that way for 10 months now."29 21. No soffits were installed under the roof eaves.3o 22. Jeff, Moore, a 7 year resident at Oceanside Palms, testified about the appalling living conditions: I can speak for myself and the adjoining units downstairs. He showed you the picture where the gutters were not replaced. I have gone in once a month or twice a month since the hurricane with videos documenting the flooding issues because they wouldn't fix 5 feet worth of gutter. Now they're putting up shingles and all that stuff, as of right now, but the contractors didn't say anything about replacing that 5 - foot gutter. I have videos and photographs. It floods into my apartment. I do what I can. I've been a nice guy and gone into the office repeatedly for months, as well as a number of other 20 people. Just quietly going in and saying can you do something about it, with promises unkept every month since the hurricane. So, we have dealt with not being able to get in and out of our apailtnents without 6 inches or more water flooding into 2 or 3 of them every time it rains.31 .... So, besides the flooding issues when it rains, there's major cleanup every time afterwards. .... Would you like to live that way? 26 Transcript, p. 63 (City's Exhibit 2). 27 Transcript, p. 62 (City's Exhibit 2). 28 Transcript, p. 64 (City's Exhibit 2). 29 Transcript, p. 65 (City's Exhibit 2). 30 Id 31 Transcript, p. 66 (City's Exhibit 2). Page 8 of 28 None of us do. .... We have handicapped people. There are children involved in certain cases, and we're just tired of it.32 Above the location, we have a family there, and this has just been so frustrating because the Wells company had done nothing except a bunch of lost promises and lies, and if you'd like to see a short video or ten, I've documented it every time it's rained in 11 months. It comes down just torrentially and floods the entire area every single time.33 Pauline, she's here. She has photographs. It flooded her apartment. It ruined her $3,000 bed. She's handicapped. She had to sleep on the floor in the other room for months-- 23. The Applicants contended through counsel, "I'd state that these items are being addressed. There is the hurricane damage. There's been insurance issues with getting this taken care of, so basically, we're asking that a violation not be found, that we be given some additional time to pull the permit and address the roofing issues."34 24. The Code Board found in favor of the City and against the Applicants, unanimously approving of the staff's recommendation: [B]ased on the evidence and testimony presented at this hearing, staff respectfully requests that the code enforcement board find the respondents in violation as set forth in the revised Notice of Violation and a fine be immediately imposed in the amount of $100 for the first day and $75 every day thereafter until compliance is confirmed by the code enforcement officer, and all costs associated with the enforcement of the violation be imposed.35 25. Critical to the instant application for lien reduction or release, the fines would 32 Transcript, pp. 66-67 (City's Exhibit 2). 33 Transcript, p. 67 (City's Exhibit 2). 'Transcript, p. 71 (City's Exhibit 2). 'Transcript, p. 76 (City's Exhibit 2). Page 9 of 28 accrue "until compliance is confirmed by the code enforcement officer."36 26. The collapse of ceilings in units would not have occurred had the Applicants adhered to the City Code and promptly submitted complete permit applications with the requisite engineering drawings, instead of waiting more than 10 months after Hurricane Irma. 27. On August 7, 2018, the Code Board issued written Findings of Fact, Conclusions of Law and Order (First Violation) (the "Code Board Order").37 The Code Board Order stated: That Violations of the following sections exist or existed upon the Subject Property and that Respondent was further provided a reasonable time to correct said violation(s): Sections 34-96(b) & (d) Standards established, of the City of Cape Canaveral Code of Ordinances; Section 105.1 Required of the Florida Building Code (as adopted by Section 82-31, City Code); Section 110.1 General, of the Florida Building Code (as adopted by Section 82-31, City Code). Section 303.7 (sic) Roofs and drainage, of the International Property Maintenance Code (as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances).38 The first violation, Section 34-96(b) of the City Code, required owners to maintain multi- family dwellings "in a clean, sanitary and safe condition." The second violation, Section 34-96(d), required owners to keep property exteriors "free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood." The third violation, Section 105.1 of the Florida Building Code, required a permit before undertaking repairs. The fourth violation, Section 110.1 of the Florida Building Code, required inspections of construction (which cannot occur without obtaining a building permit). 36 Id. 37 Applicants attached the Code Board Order to their Application for Release or Reduction of Code Enforcement Lien at the eighth page. 38 Order, Findings of Fact and Conclusions of Law, ¶ 2 (attached to the Application). Page 10 of 28 28. The written Order reiterated, "Respondent(s) shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly either file a Notice of Compliance or notify the Code Enforcement Board or secretary such that the matter is scheduled for hearing, relative to compliance, before the board in a reasonable amount of time."39 There is no evidence that the Applicants notified the code officer that they had corrected the violations, which would have triggered the Code Officer's notification duties. 29. The City recorded the Board's Order on August 10, 2018, thereby establishing a lien against the property and its owners, the Applicants. C. Permit Expirations and Final Inspections 30. On August 4, 2018, about two weeks after the Code Board hearing, the Emergency Roof Repair Permit (#18-0508) expired without Applicants requesting and obtaining a final inspection.4o 31. On August 7, 2018, almost 11 months after Hurricane Irma, Roofing Permit #18- 1467 was "finalized," that is closed -out on final inspection. This permit did not include repair and replacement of the trusses.41 32. Applicants finally submitted an application for the truss repairs on August 1, 2018. The City issued Permit #18-1684 on August 23, 2018. The City conducted a final inspection and 39 Order, ¶ 1 (attached to the Application). 4° City's PowerPoint, sixth slide (City's Exhibit 1). 41 See City's PowerPoint, sixth slide (City's Exhibit 1). Permit 18-1684 covered the roof trusses. Page 11 of 28 passed the truss reconstruction almost a year later, on August 7, 2019.42 33. On February 6, 2019, the Building Soffit Permit expired without a request for final inspection. On the Applicants' request, the City reopened the Building Soffit Permit on April 12, 2021. On April 15, 2021, the City closed -out the Building Soffit Permit on final inspection.43 D. Post -Code Board Hearing Proceedings and Settlement 34. The Applicants appealed the Code Board's decision to the Brevard County Circuit Court, which upheld the Code Board's decision. 35. On November 7, 2018, the Applicants sued the City in the Brevard County Circuit Court, claiming Constitutional violations of due process, equal protection, among other claims. (Oceanside Palms, LLC, Oceanside Palms Condominium Assoc., Inc. Wells Boys & Girls Property Management, LLC, Wells Boys Building and Construction, LLC v. City of Cape Canaveral and Chris Robinson, Case Number 05-2018-052741). The City prevailed on various Motions to Dismiss as to counts in the initial and amended Complaints. 36. On January 31, 2022, the City, the Applicants, and the Applicants' other affiliated entities,44 entered into a Settlement Agreement and Mutual General Releases.45 Typically, a defendant pays a plaintiff to resolve claims brought in a lawsuit. However, in this instance, Mr. Wells agreed to pay $50,000.00 to the City, "inclusive of all claims directed against the City and 42 City's PowerPoint, sixth slide (City's Exhibit 1). 43 Id 44 Parties to the Settlement Agreement were Oceanside Palms, LLC, Oceanside Palms Condominium Association, Inc., Oceanside Treasure, LLC, Bogart Place Properties, LLC, Wells Boy and Girls Property Management, LLC, Wells Boys Building & Construction, LLC, Jeffrey W. Wells, individually, the City of Cape Canaveral, and City Code Officer Chris Robinson. 45 Applicants' Exhibit 8. Page 12 of 28 directed against CHRIS ROBINSON," the code officer. Pursuant to the Settlement Agreement, the Applicants and their affiliates dismissed all lawsuits with prejudice.46 37. The City and Mr. Robinson released Applicants and their affiliated entities except with respect to the City's code enforcement lien, without limiting Applicants' right to seek a lien reduction or release: Nothing herein...resolves, discharges, or satisfies any existing liens in favor of the CITY as it relates to Oceanside Palms, LLC lien recorded at OR Bk 8235, Page 2006, Public Records of Brevard County, that gave rise to Permit #18-1580, however, without prejudice to WELLS to seek a lien reduction, waiver, or extinguishment. Nothing in this Agreement shall prevent or restrict any party from making any argument in connection with any lien reduction request.47 38. The City incurred $14,433.36 in attorney's fees and costs on the appeal of the Code Board decision. However, the City (and Mr. Robinson) released Applicants from "any and all reimbursement for attorney's fees and costs...."48 E. The Application for Lien Reduction or Release 39. On April 11, 2022, the Applicants applied for Release or Reduction of Code Enforcement Lien and enclosed the requisite application fee.49 40. The Applicants contend that a final inspection of the Plumbing Permit occurred on 46 The other lawsuits were Oceanside Treasure et al. v. City of Cape Canaveral, filed on October 17, 2018 (Case Number 05-2018-049945); Bogart Place Properties, LLC et al. v. City of Cape Canaveral, filed on October 29, 2018 (Case Number 05-2018-CA-051505), and Bogart Place Properties, LLC et al. v. City of Cape Canaveral, filed on August 11, 2021 (Case Number 5D21-2024). 47 The Settlement Agreement does not contain page numbers; however, this language appears on the fourth page. (Applicants' Exhibit 8). 48 Id. 49 Applicants' Exhibit 3. Page 13 of 28 February 19, 2019, the "scheduled" date reflected in the City's records.50 The Applicants' affiliate, Wells Boys Building & Construction, LLC, would have requested the final inspection. The Applicants seek a lien reduction that would recognize February 19, 2019 as the date when the Subject Property came into compliance with the City Code. 41. The City denies that it conducted a final inspection on February 19, 2019, despite the "scheduled" date in its records. The City asserts that a computer system conversion on February 19, 2019 corrupted data by inserting the conversion date into the Final Inspection report fields. 42. A "Conversion Comment" in the City's records is mostly gibberish: Conversion Comment Scheduled No Data to Dispaly I Amount Due I Permit - Commercial Plumbing Total Step Type: FN BP Master 1D: 0007165317 Comment Text DRYWALL, CEILING REPAIR, REPLACE VANITY & FAUCET BP Master_ Step_1D: 0007165325 Required: False Order Number. 3 Completed_ By Applicant False Length Hours: 0.00 Required Date: Required Time: Scheduled_ Date: Actual Date: Actual Time: Scheduled Time: Last Date: 2/19/2019 12:00:00 AM Last Time: 42282 Last User. k.hutchinson Last_Func: p-bp102as-BP Master - Maintenance Approval_ Status: Pending internal Step: False Schedule_ Person: Failed BP Master Step1D: Actual_ Length_ Hours: 0_00 SourceQuery: SELECT* FROM PUB BP Master_Step51 43. However, because the City conducts building inspections during normal business hours, the "12:00 AM" midnight scheduled time for the final inspection is consistent with the 50 Applicants' Exhibit 4. 51 Applicants' Exhibit 3. Page 14 of 28 City's position that the report reflects corrupted data. 44. Interestingly, the Soffit Permit report does not reflect the corrupted data. 52 45. On November 19, 2021, when Applicants attempted to obtain information about the corrupted data, they did not receive a response from the Building Department.53 Neither Senior Code Officer Brian Palmer nor Applicants followed -up with the Building Depaitinent. Officer Palmer offered the City's apology at the Special Magistrate hearing. 46. On January 15, 2019, Wells Boys and Girls Property Management, LLC, on behalf of Oceanside Palms, LLC, leased out Unit A-10 to George Morris. Applicants contend they would not have allowed the tenancy to begin before completing the repairs. Mr. Morris accepted the premises in an "as -is" condition, according to the Lease.54 47. The City further asserts that, because the Plumbing Permit expired on February 6, 2019, the City's computer system would not have allowed the clerk to schedule a final inspection for February 19, 2019, after the permit expired. In any event, the Subject Property could not lawfully pass a final inspection on an expired building permit. III. ANALYSIS AND CONCLUSIONS OF LAW A. The Factors for Considering Lien Reduction or Release Chapter 2, Article VI, Division 3 of the City Code authorizes the Special Magistrate to conduct an evidentiary hearing on an application to release or reduce a code enforcement lien and to "render a written recommendation to the city council based on findings of fact and law...." The 52 See Applicants' Exhibit 4. 53 Applicants' Exhibit 5. 54 Applicants' Exhibits 7A (initial term for half a month) and 7B (Lease Agreements establishing tenancies by Mr. Morris between February 2, 2020 and January 31, 2023). Page 15 of 28 ordinance states: At the hearing before the special magistrate, the special magistrate shall review and consider the application for reduction or release of lien, provide the violator with an opportunity to address the special magistrate regarding the application for reduction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented by the applicant, city staff or other interested party, the special magistrate shall render a written recommendation to the city council based on findings of fact and law to either approve, approve with conditions, or deny the application for reduction or release of lien. The city council shall consider and give considerable weight to the written recommendation of the special magistrate and render a final decision on the application. City Code, Sec. 2-260(e). The City Code sets forth specific criteria for evaluating applications for lien reduction or release, which bind the Special Magistrate and the City Council: Whenever a recommendation or decision is made under this section, the following factors shall be applied by the city in determining the amount of any reduction or release: (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The time in which it took to bring the property into compliance; (5) Whether the applicant was responsible for the violation which caused the lien; Page 16 of 28 Id. (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non - transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. Page 17 of 28 1. The City's Administrative and Out -of -Pocket Costs The City incurred $14,433.36 in attorney's fees and costs on the Applicants' appeal of the Code Board decision to the Brevard County Circuit Court.55 The City asks that this amount offset any lien reduction, pursuant to Section 2-260(f) of the City Code. The ordinance states: To the maximum extent feasible, the city council shall collect, at a minimum, all administrative and out-of-pocket costs incurred by the city as specified in subsection (e)(1). If the city council approves the application to reduce or release the lien and the approval is conditioned upon the applicant paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded in the public records of Brevard County, Florida by the city manager until the condition(s) imposed by the city council have been satisfied. If the City Council accepts this Report and Recommendation to deny the application for lien reduction or release, then the request to offset the fees incurred will be moot. However, if the City Council decides to reduce or release the lien, the City should not offset any reduction by the amount of fees. The City (and Code Officer Robinson) specifically released Applicants from "any and all reimbursement for attorney's fees and costs...." The Settlement Agreement preserved Applicants' right to seek "a lien reduction, waiver, or extinguishment," but it did not carve -out an exception to the specific release for "any and all reimbursement for attorney's fees and costs...." "Generally, Florida courts enforce general releases to further the policy of encouraging settlements. Numerous Florida cases have upheld general releases, even when the releasing party was unaware of the defect at the time the agreement was executed." Mazzoni Farms v. E.I. Dupont De Nemours & Co., 761 So. 2d 306, 314 (Fla. 2000). In the present case, the City specifically ss Garganese Weiss billing records (City's Exhibit 3). Page 18 of 28 released its entitlement to attorney's fees and costs even though the Applicants telegraphed their intention to bring this Application. 2. Gravity of the Violations a. Nature of the Violations To ascertain the gravity of the violations, one must first consider the ordinances violated. The first violation, section 34-96(b) of the May 24, 2018 edition of the City Code, stated in pertinent part: The owner of every...multiple-family dwelling...shall be responsible for maintaining the exterior in a 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." The second violation, section 34-96(d) of the May 24, 2018 version of the City Code, stated in pertinent part, "Exterior property areas of all premises shall be kept free of all nuisances...or conditions which may create a health of fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood." The next violation referred to section 82-31 of the City Code (May 24, 2018 edition), which stated, "The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out." Therefore, this provision incorporated the violation of section 105.1 of the Florida Building Code (6th ed., effective in 2017), which stated: Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of Page 19 of 28 which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Section 82-31 also incorporated the violation of section 110.1 of the Florida Building Code (6th ed.), which stated: Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. The next violation, section 82-221 of the City Code (May 24, 2018 ed.), stated, "The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out." Therefore, the Code incorporated the violation of section 304.1.1(8.) of the International Property Maintenance Code (2018 edition) (the "IPMC"), which stated: "Roofing or roofing components that have defects that admit rain, rain surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects." The IPMC determined that the foregoing conditions are "unsafe and shall be repaired or replaced...." Id. As stated by the Florida Supreme Court, "[T]here can be no serious question that public welfare is vitally involved in the matter of construction of buildings of all sorts in this State." State ex rel. Reynolds v. St. Petersburg, 133 Fla. 766, 779, 183 So. 304 (Fla. 1938). The IPMC states, Page 20 of 28 "This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of the structures and premises." IPMC section 101.3 (Intent). The collapse of ceilings and the intrusion of rain and flooding inside units at the Oceanside Palms was "dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect...occupants...." IPMC 108.1.1. "A building is considered dangerous if...All or part of the building is likely to collapse." Id. For the purpose of this code, any structure or premises that has any...of the conditions or defects described as follows shall be considered to be dangerous:... (3) Any portion of a building, structure...that has been damaged by...wind, floor, deterioration, neglect...or by any other cause to such an extent that it is likely to partially or completely collapse. ... (6) The building or structure, or any portion thereof, if clearly unsafe for its use and occupancy. IPMC 108.1.5. In the instant case, collapses had already occurred, establishing dangerous conditions. The collapse of ceilings in units would not have occurred had the Applicants adhered to the City Code and promptly submitted complete permit applications with the requisite engineering drawings. Inspections and approval of construction could not take place without properly submitted building permit applications. "The inspection of work in progress or already accomplished is another significant element in determining code compliance." IPMC section 104.1, official commentary. Section 112 of the IPMC authorized the City to issue the Stop Work Orders: "Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to Page 21 of 28 issue a stop work order." Construction performed in dereliction of two Stop Work Orders endangered public health, safety, and welfare. To perform structural repairs without engineering plans, permits, and inspections was extraordinarily irresponsible. These actions were also unlawful. "It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code." IPMC section 106.1. The IPMC deems violations such as these a "strict liability offense," for which, "it is not required to prove that the person intended to violate the code or was negligent in doing so." Id. b. Collateral Estoppel Precludes Re -Litigating Issues In determining the gravity of the violations, the doctrine of collateral estoppel precludes Applicants from re -litigating the issues already decided in the City's favor by the Code Board. Collateral estoppel bars "the parties from litigating in the second suit issues —that is to say points and questions —common to both causes of action and which were actually adjudicated in the prior litigation." Stogniew v. McQueen, 656 So. 2d 917, 919 (Fla. 1995); see also Dept. of Health & Rehabilitative Servs. v. B.J.M., 656 So. 2d 906, 910 (Fla. 1995) (function of doctrine is to prevent re -litigating issues that have already been decided in "a contest which results in a final decision of a court of competent jurisdiction"). As summarized by the Florida Fifth District Court of Appeal: The essential elements of collateral estoppel are: (1) that the parties and issues be identical, (2) that the particular matter be fully litigated and determined in a contest, (3) which results in a final decision, Page 22 of 28 (4) in a court of competent jurisdiction. .....The application of collateral estoppel prevents the parties in the second suit from litigating those points in question which were actually adjudicated in the first suit. United States Fid. & Guaranty Co. v. Odoms, 444 So. 2d 78, 79-80 (Fla. 5th DCA 1984) (citing Mobil Oil Corp. v. Shevin, 354 So. 2d 372 (Fla. 1977); Husky Industries, Inc. v. Griffith, 422 So. 2d 996 (Fla. 5th DCA 1982); and Seaboard Coastline Railroad v. Industrial Contracting Co., 260 So. 2d 860 (Fla. 4th DCA 1972)). The Code Board accepted the facts presented by the City when it unanimously accepted the staff recommendation "based on the evidence and testimony presented."56 Collateral estoppel precludes the Special Magistrate —and the City Council —from accepting a version of facts at odds with "the evidence and testimony presented" by City Staff on the "points and questions" to the Code Board. Quasi-judicial entities, including the Code Board, have the same standing as a "court of competent jurisdiction" for the purposes of collateral estoppel. See Paresky v. Miami -Dade Bd. of County Comm'rs, 893 So. 2d 664, 666 (Fla. 3d DCA 2005) (Miami -Dade Commission, which heard quasi-judicial proceeding, was tantamount to "a court of competent jurisdiction," precluding "the same parties" from re -litigating "the identical issue"); City of Tampa v. Lewis, 488 So. 2d 860, 862 (Fla. 2d DCA 1986); Atlantic Shores Resort, LLC v. 507 South Street Corp., 937 So. 2d 1239, 1244 (Fla. 3d DCA 2006) (circuit court erred by re -litigating municipal zoning code height restriction litigated previously by the parties before municipal historic preservation board). As 56 Transcript, p. 76 (City's Exhibit 2). Page 23 of 28 summarized by the Florida Fifth District Court of Appeal, "Where an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it, as to which the parties have had an adequate opportunity to litigate, the court will apply res judicata or collateral estoppel to enforce repose." United States Fidelity & Guaranty Co. v. Odoms, 444 So. 2d 78, 80 (Fla. 5th DCA 1984). Collateral estoppel applies when, in an earlier proceeding involving a different cause of action, the same parties or their privies, litigated the same issue presented once again for final decision. See id. 3. The Amount of the Requested Reductions Applicants sought a reduction in the lien up to a release in full. Under the egregious facts and circumstances, Applicants should not receive a reduction in any amount. 4. The Time Spent Bringing the Property into Compliance As of the Code Board hearing, Applicants had been out -of -compliance for 10 months. The City did not complete a final inspection under the Soffit Permit until April 15, 2021, and the Plumbing Permit until the following day, April 16, 2021. Applicants took an inordinate amount of time to bring their property into compliance. 5. Applicants Were Responsible for the Violations The question of who is responsible for the violations takes into account those instances when a new owner purchases real property in the City with an intention to bring the property into compliance and eliminate blight. In those instances, the City may want to reduce or release liens in order to encourage redevelopment. In the present case, the owners responsible for the violations are themselves seeking the lien reduction or release. They presented no evidence that the lien is hindering redevelopment. Page 24 of 28 6. Applicants Are Not Bona Fide Purchasers The ordinance requires consideration of whether the applicant is a bona fide purchaser, acquiring the property for investment. Again, the City may want to reduce or release liens in order to incentivize redevelopment and reduce blight. In this case, the owners themselves were responsible for the lingering violations. 7. No Acquisition with or Without Knowledge of the Lien This factor is inapplicable. 8. Evidence of Accrued Lien Compared to the Current Market Value No party submitted an appraisal or other competent evidence of the Oceanside Palm's current market value in relation to the amount of the accrued lien. No one disputed that, by April 16, 2021, the $75.00 daily fines assessed by the Code Board had accrued to $75,150.00. Therefore, the Subject Property's market value is not factor for considering the relief sought by Applicants. 9. Accrued Lien Compared to Investment Profit This factor is irrelevant. 10. Other Violations Pertaining to the Property At the Special Magistrate's hearing, the Applicants acknowledged other code enforcement violations. No evidence indicated any pending appeals on these violations. The parties did not submit enough evidence for the Special Magistrate to consider this factor. 11. Other Violations of Applicants at Other Properties The parties again did not submit enough evidence for the Special Magistrate to consider this factor. Page 25 of 28 12. Any Relevant Information Contained in any Title Policy This factor is irrelevant. 13. Any financial hardship The Applicant did not present evidence of financial hardship. 14. Any Other Mitigating Circumstances a. No Lawful Final Inspection on an Expired Permit The Applicants seek a lien reduction or release based on their contention that the final plumbing inspection on Unit A-10, under the Plumbing Permit (#18-1580), actually occurred on February 19, 2019, a month after they had leased the unit and allowed a tenant to move -in. The Applicants contend the fines should have ceased on that date, when the City's own records indicate a final inspection was scheduled. '7 The City denies that a final inspection occurred on February 19, 2019, because the Plumbing Permit had expired on February 6, 2019, and the City's computer system would not have allowed scheduling of a final inspection. The City contends that the February 19, 2019 "scheduled" final inspection in its records reflects corrupted data that inserted a computer conversion date, not the date of an actual final inspection. The midnight time for the alleged final inspection is consistent with the City's position that the scheduled date reflected corrupted data. The City's contention that a final inspection would not have occurred on an expired permit is also persuasive. Indeed, the City could not have lawfully approved of construction on an expired permit. s' Applicants' Exhibit 1. Page 26 of 28 b. Final Inspection on Soffit Not Approved Until April 2021 No evidence contradicted the City's contention that the Soffit Repair Permit (18-1579) expired without a final inspection on February 6, 2019 (the same expiration date as the Plumbing Permit). The City reopened the Soffit Repair Permit on Applicants' request on April 12, 2021, and closed it after a final inspection more than two years later, on April 15, 2021. Yet Applicants seek a lease reduction retroactive to February 2019. Applicants had a duty to ensure their contractors —their own affiliated construction company pulled all permits, requested, and obtained all inspections required under the Building Code. Applicants entered no documentary evidence into the record as to when their construction affiliate completed any repairs —either the plumbing for Unit A-10 or the roof soffit. During the Code Board hearing, the Applicants' property manager testified that the construction contract had no completion date.58 c. Applicants Did Not Notify Code Officer to Stop Accrual of Fines The Applicants failed to present evidence that they provided the required notice of correction to the City's Code Enforcement Officer to stop the accruing fines. The Code Board's Order stated that fines would accrue "until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation corrected to the Code Enforcement Officer." A request for final inspection to the Building Department, whether or not it occurred, was insufficient to stop fines from accruing. 58 Transcript, p. 75 (City's Exhibit 2). Page 27 of 28 d. Lien Reductions in Other Cases The criteria in the ordinance to consider lien reduction or release do not expressly include the mere fact that prior Code Boards have recommended, and the City Council has previously granted lien reductions. However, the Special Magistrate considered each such instance entered into evidence by Applicants under the "other mitigating circumstance" factor. In no instance did the City reduce or forgive a lien where the code violator had engaged in construction without building permits, without submitting engineering drawings for structural work, and in defiance of a Stop Work Order. 59 15. Administrative Review Adopted by City Manager. This factor is irrelevant. IV. CONCLUSION For all of the foregoing reasons, principally the gravity of the offenses and the fact that the City could not have lawfully conducted and approved of a final inspection on an expired permit, the Special Magistrate recommends that the City Council deny the application for lien reduction or release. Richard S. Geller Special Magistrate The City of Cape Canaveral 59 See generally Applicants' Exhibits 6A-6G. In Code Enforcement Case 11-00040, regarding 8652 N. Atlantic Avenue, the Code Board reconunended a reduction to "allow for the sale/occupancy of the property...." Exhibit 6B, p. 4. In Case 16-101, the City Council approved a $7,500.00 lien reduction if the violator would pay $19,383.00 within 30 days. Exhibit 6E, p. 4. In other instances, the minutes do not disclose the grounds for lien reduction. See, e.g., Exhibit 6F, p. 2 and 6G, p. 2. Page 28 of 28