Fort Walton Beach Council agenda — 03-14-06 ‎(regular)‎ — reading text

CONCLUSIONS OF LAW: The Respondent( s), by reason of the foregoing facts, did not comply with the ocrOBER 13, 1999 Order of this Board, in that the Respondents did not correct the cited violation( s) on or before OCTOBER 27, 1999, as specified in said Order. 1  OFFICIAL RECORDS ** BK 2278 PG 1001 ill SECOND ORDER 1. The Findings of Noncompliance is hereby accepted. the Respondent( s) not having corrected the aforesaid violation(s) on or before OCTOBER 27, 1999 . 2. The Respondent( s) is/ are hereby ordered to correct the aforesaid violation( s) and to pay a fine of $ 100. 00 per day for each day the violation(s) continue( s) beyond OCTOBER 29, 1999. The Respondent( s) is/are further ordered to contact the Department of Community Development Services to arrange for reinspection of subject property in order to verify the date on which said violation( s) has/have been corrected. The Board also finds that since the Respondent( s) failed to correct the violation( s) as above before OCTOBER 27, 1999, that the Respondent owes an Administrative Fee of $120. 00, due and payable by the :first day of the month following this order, to compensate the City for actual costs of prosecution to the date of the hearing. The Board may order additional Administrative Fees should the Respondent( s) fail to correct the violation( s) as ordered a. In order to protect the health, safety, and welfare of the general public, the City of Fort Walton Beach may initiate proceedings, correct violation( s) and assess the costs of these actions against the property, in accordance with Section 20- 2602, of the City of Fort Walton Beach Code of Ordinances. b. Upon recording of this Order in the Public Records of Okaloosa County, Florida, the aforesaid fines and assessments levied against the Respondent( s) shall constitute a lien against the land on which the aforesaid Code Violation exists, or, if said land is not owned by the Respondent( s), against any other real or personal property owned by the Respondent( s). c. Should the aforementioned lien remain unpmd three ( 3) months after the recording of this Second Order in the Public Record of Okaloosa County, Florida, the Board may in a subsequent action authorize the City Attorney to initiate proceedings to foreclose on this lien in the matter provided for by statute for the foreclosure of other municipal liens. d. A 1rue and correct copy of this Action and Second Order shall be sent to the Respondent( s) by certified mail with return. receipt requested, and shall be recorded in the Public Records of Okaloosa County, Florida. DONE AND ORDERED MUNICIPAL CODE ENFORCEMENT BOARD OF THE CITY :. FORT) ALT~~ FWRIDA Chairman, Code Enforcement Board) tQ~t a 1rue and correct copy of the foregoing Action and Second Order has 1l- to the Respondent( s), this .. Day of ' . JrnL. 2 Certificate of Satisfaction of Lien The City of Fort Walton Beach, Florida, a municipal corporation, (" City") of Post Office Box 4009, Fort Walton Beach, Okaloosa County, Florida, filed for record in the office of the Public Records ofOkaloosa County, Florida, claims of lien that were recorded at Official Record Book 2231, Pages 374 through 377 and Book 2278 pages 1000 through 1001. In such liens, the City of Fort Walton Beach, by and through its Code Enforcement Board, entered an Orders Imposing Administrative Fine/ Lien and gave notice of liens on real property owned by Erika of NWF Inc. registered agent Fernando F Chavez at 300 Eglin Pkwy NE, Fort Walton Beach, Okaloosa County, Florida and being more particularly described as: BEG 502 FT E & 11 FT S OF NW COR LOT 1 SWLY ALONG HY 154 FT NWL Y 150 FT Okaloosa County Tax ID # 12- 2s- 24- 0000- 0002- 0000 Street Address: 300 Eglin Pkwy NE Fort Walton Beach, FL 32548 As a result of a findings by the Code Enforcement Board that the owner of such property had violated certain provisions of the Code of Fort Walton Beach, Florida, on or about September 1, 1999 as stated in case # 99- 1095. On November 10, 1999 the owner was required to pay administrative fee and fines that accumulated to $ 51, 940. 00. On March 28, 2006 the City Council reduced the fine amount making the total due $ 5, 000. 00. Therefore, in consideration of such payment and satisfaction, received on the City hereby releases the mentioned Orders of lien against the property of owner and consents that the lien be discharged of record. Pursuant to chapter 162 of the Florida Statutes and its home rule powers, the City authorizes and directs the Clerk of Okaloosa County, Florida, to discharge of record the described liens. . Document prepared on MIKE ANDERSON Mayor ATTEST: Helen Spencer City Clerk  CITY COUNCIL MEETING March 14, 2006 Consent Agenda Request to direct the City Manager to notify School Board of Okaloosa County that pursuant to paragraph 11 of the Lease dated 12 February 1976, the property is no longer being used as the location for the School House and reverts to the School Board Parks & Recreation Director) Council Action 1st 2nd Vote: Agenda Item Number: CA- 4 LESSEE: City of Fort Walton Beach. LESSOR: School Board of Okaloosa County LOCATION: 133 Methodist Street DESCRIPTION: Near County School Property ACREAGE: 19 acres LEASE TERMS: 99 years, beginning February 1, 1976 OPTION: 99- year option, effective 2- 1- 2075, with written notice of intent to exercise option no more than 2 years nor less than 1 year before expiration of lease - Exercised?___ EXPIRATION OF CURRENT TERM: February 1, 2075 INSURANCE: Lessee agrees to indemnifY and hold hanmless the Lessor from any claims against Lessor which result from Lessee' s occupation of leased premises SPECIAL TERMS OR CONDITIONS: PAYMENT: 1. 00 per. year; Lessee responsible for the payment of all ad valorem taxes, all personal property taxes and all special assessments to the property fir ryj  LEA S E The School Board of Okaloosa Florida, County, hereinafter called the " Lessor", and The City of Fort Walton Beach, Florida, hereinafter called the " Lessee", each in consideration of the agreements to be performed by the other, hereby on this 27th day of Januarv 1976, agree: 1. PROPERTY: The Lessor hereby leases to the Lessee the property described as follows: Lot 6, Block 4, Central Addition as recorded in Plat Book 2, Page 36, of the Public Records of Okaloosa County, Florida 2. TERM: The term of this lease shall be for an initial period of Ninety Nine ( 99) such terms and provisions as hereinafter set forth for an additional term of Ninety Nine ( 99) years provided the Lessee gives Lessor written notice of intention to exercise its option not more than two ( 2) years nor less than one ( 1) year before expiration of the initial term. 3. RENT: The Lessee will pay to the Lessor as rent for the property leased during the term of this lease, the total amount of One Dollar ($ 1. 00) per year payable in advance on February 1, of each year. 4. USE: The Lessee shall use the leased property for location of the old Post Office building. 5. TAXES: The Lessee shall be responsible for the payment of all ad valorem taxes on the real property covered by this lease, all personal property taxes assessed by reason of personal property owned and kept by the Lessees on the premises, and for all special assessments to the property should any of the same be detrimental by law to be due to any federal or state govern- ment agency.  6. UTILITIES: Lessee shall be responsible for payment of all utilities serving the leased property. 7. IMPROVEMENTS: The leased property is at present unimproved land and Lessee shall locate thereon the old Post Office building for Fort Walton Beach,