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1590 GULF BLVDAIOFf July 27, 1999 CITY OF C LEARWATE R PLANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE BOX 4748, CLEAR%XATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 F.�,.x (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the Property Maintenance Standards required in landscape areas. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: - Cabana Club Restaurant OWNER: Belleview Biltmore Resort Ltd. 2055 South Oak Place Atlanta, GA 30341 -1819 SITE ADDRESS: 1590 Gulf Blvd. PARCEL I.D. # 09- 29 -15- 00000 - 340 -0110 INSPECTION DATE: 07 -26 -99 NOTICE OF VIOLATION COMPLIANCE DATE: 08-12-99 CODES VIOLATED: 3 -1502 (H). REQUIREMENTS: Remove all dead, declining, and unhealthy plant material. Replace all removed material with healthy landscape plant material. All portions of the site not covered by building, parking, or drive shall be landscaped with appropriate material and maintained in a neat and orderly manner. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in a fine. SIGNATURE: - Q zc,/� Al__ — ONE CITY. ONE FUTURE. BRLkN J. AUN'GST, MAYOR- COMMISSIONER ED HOOPER, VICE MAYOR- COMMISSIONER BOB CL-\RK, COMMISSIONER ED HART, COMMISSIONER ® J.B. JOHNSON, JR.. COMMISSIONER "EQUAL EMPLOYMENT AND AFFIR. \L4TIVE ACTION EMPLOYER" IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA -- CIVIL ACTION ANNE MARIE RUSSELL k/n /a ANNE MARIE CUMMINGS, CASE NO.: 01 -3951 Plaintiff, V. DIVISION: 8 BELLEVIEW BILTMORE RESORT, LTD., a Florida corporation, and CABANA CLUB CONDOMINIUM ASSOCIATION, INC., a Florida corporation, Defendants. AFFIDAVIT OF SCOTT KURLEMAN STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Scott Kurleman, who, after being duly sworn, deposes and states as follows: 1. I am a Land Resource Specialist for the City of Clearwater, Florida. 2. My job duties are limited to the enforcement of land resource codes and ordinances. 3. I am personally familiar with the files maintained by the City of Clearwater for alleged land resource violations for the property located at 1590 Gulf Boulevard, Clearwater, Florida, known as the "Cabana Club Restaurant." 4.- After reviewing the above file, I attest to the fact that there exists no violation actions regarding plant material located at the above property prior to July 10, 1999. 5. I did, however, personally inspect the above property on July 27, 1999, and found the property's plant material not to be in compliance with City codes and ordinances. FURTHER AFFIANT SAITH NOT. Scott Kurleman The foregoing Affidavit was acknowledged before me this 2002, by "William M. Wright who: is personally known to me _ has provided day of July, or as identification, and who, after being duly sworn, deposes and says that he has read the foregoing Affidavit and states the same to be true and correct to the best of his knowledge and belief. NOTARY PUBLIC (Type or write name of notary) Commission Expires: SANTOS, LYNOTT & HENRY, P.A. A PROFESSIONAL ASSOCIATION OF ATTORNEYS AT LAW F. ROBERT SANTOS *t DANIEL J. LYNOTT DAVID G. HENRY ERIC R. PEATE$ * Board Certified Civil Trial Lawyer by The Florida Bar t Certified Circuit Court Mediator $ Also Admitted in Illinois July 18, 2002 Mr. Scott Kurleman Land Resource Specialist 100 S. Mry-tle Avcnae Clearwater, Florida 33756 Via Hand Delivery Re: Russell v. Belleview Biltmore Resort and Cabana Club Condominium Assoc; Court File. No.: 01 -3951 Our File No.: 4672 The Property at 1590 Gulf Blvd., Clearwater, Florida Dear Mr. Kurleman: 1509 West Swann Avenue Suite 240A Tampa, Florida 33606 Telephone: (813) 229 -1111 Telecopier: (813) 258 -1982 Pursuant to our conversation yesterday afternoon, please find enclosed a draft affidavit regarding the "Cabana Club ". I believe I faithfully kept the topics to what we discussed. In any event, please review the draft affidavit and pass it along to the City Attorney's Office, if necessary. If either you or the City Attorney would like any changes made, please call me immediately and I will make the changes. If the affidavit meets with your approval, please sign it before a notary and I will arrange to have the affidavit picked -up. Again, thank you very much for your assistance in this matter. We believe that by obtaining your affidavit, we can avoid the necessity of scheduling a deposition to ascertain the very same information. Sincerely, SANTOS, LYNOTT & HENRY, P.A. Eric R. Peate O/C � vo UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G -10 • Print your name, address, and ZIP Code in this box • 4 -74� AJIWj r'_Ukw1f)0 A S6cTr 1/ � of adojanua to dot aano auii to p10-1 d SENDER: ;2 ■ Complete items 1 and /or 2 for additional services. to ■ Complete items 3, 4a, and 4b. y ■ Print your name and address on the reverse of this form so that we can return this card to you. ■ Attach this form to the front of the mailpiece, or on the back if space does not i permit. ■ Write 'Return Receipt Requested" on the mailpiece below the article number. L ■ The Return Receipt will show to whom the article was delivered and the date ►� delivered. c I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 0 3. Article Addressed to: ,�e�l�v��� /� f`m� e- 4a. Article Number 2 o5S� ' C,, J_ p �l�i W�C� 4b. 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POST 4--Q-5c)4 w �` sFy'0 2, OCOC ic, i July 27, 1999 CITY OF CLEAR'WATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the Property Maintenance Standards required in landscape areas. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: - Cabana Club Restaurant OWNER: Belleview Biltmore Resort Ltd. 2055 South Oak Place Atlanta, GA 30341 -1819 SITE ADDRESS: 1590 Gulf Blvd. PARCEL I.D. # 09- 29 715- 00000 - 340 -0110 INSPECTION DATE: 07 -26 -99 NOTICE OF VIOLATION COMPLIANCE DATE: 08 -12 -99 CODES VIOLATED: 3 -1502 (H). REQUIREMENTS: Remove all dead, declining, and unhealthy plant material. Replace all removed material with healthy landscape plant material. All portions of the site not covered by building, parking, or drive shall be landscaped with appropriate material and maintained in a neat and orderly manner. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in a fine. SIGNATURE: ONE CITY. ONE FUTURE. BRIAN J. AUNGST, MAYOR- COMMISSIONER ED HOOPER, VICE MAYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, COMMISSIONER ® J.B. JOHNSON, JR., COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Z 297 098 845 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See re Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee N 0) Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Wham, p$ Date, & Addressee's Address O TOTAL Postage & Fees $ Stick postage stamps to article to cover First -Class postage, certified mail fee, and charges for any selected optional services (See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier (no extra charge). 2. If you do not want this receipt postmarked, stick the gummed stub to the right of the return address of the article, date, detach, and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make an inquiry. 102595 -97 -e -0145 a a� LO rn rn Q Q E LL r?� /' „� �<<�S"� EALOF ry�;. ITY OF C LEARWATER PLAINNING & -DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE BOX 4748, CLEAIRWATER, FLORID. 33758 -4748 MUNICIPAJ, SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEaRWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4576 NOTICE OF VIOLATION July 27, 1999 The below referenced site is in non - compliance with the Property Maintenance Standards required in landscape areas. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: - Cabana Club Restaurant OWNER: Belleview Biltmore Resort Ltd. 2055 South Oak Place Atlanta, GA 30341 -1819 SITE ADDRESS: 1590 Gulf Blvd. PARCEL I.D. # 09- 29 -15- 00000 - 340 -0110 INSPECTION DATE: 07 -26 -99 NOTICE OF VIOLATION COMPLIANCE DATE: 08 -12 -99 CODES VIOLATED: 3 -1502 (H). REQUIREMENTS: Remove all dead, declining, and unhealthy plant material. Replace all removed material with healthy landscape plant material. All portions of the site not covered by building, parking, or drive shall be landscaped with appropriate material and maintained in a neat and orderly manner. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in a fine. SIGNATURE: ONE CITY. ONE FuTuRE. BRLAN J. AGNGST, MAYOR - COMMISSIONER ED HOOPER, VICE i1AkYOR- COMMISSIONER BOB CLARK, COMMISSIONER ED HART, CO.MMIISSIONER ® J.B. JOHNSON, JR., COMMISSIONER "EQLAL EAIPLOYNIENT AND AFFIR.ALATIVE ACTION EMPLOYER" I July 27, 1999 CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MI7NICIPAI. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 F.Lx (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the Property Maintenance Standards required in landscape areas. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: - Cabana Club Restaurant OWNER: Belleview Biltmore Resort Ltd. 2055 South Oak Place Atlanta, GA 30341-1819 SITE ADDRESS: 1590 Gulf Blvd. PARCEL I.D. # 09- 29 -15- 00000 - 340 -0110 INSPECTION DATE: 07 -26 -99 NOTICE OF VIOLATION COMPLIANCE DATE: 08 -12 -99 CODES VIOLATED: 3 -1502 (H). REQUIREMENTS: Remove all dead, declining, and unhealthy plant material. Replace all removed material with healthy landscape plant material. All portions of the site not covered by building, parking, or drive shall be landscaped with appropriate material and maintained in a neat and orderly manner. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in a fine. SIGNATURE: ONE CITY. ONE FUTURE. BRLA,N J. AGNGST, MAYOR- COMMISSIONER ED HOOPER, VICE MAYOR- COMMISSIONER BOB CLARK. COMMISSIONER ED H•VtT, COMMISSIONER ® J.B. JOHNSON, JR., COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER 1 I I �ii�i �Jg�AloF,y�;, `CZ1% July 27, 1999 CITY OF CLEARWATER PLANNING-& DEVELOPMENT SERVICES ADMINISTRATION POST OFFICE BOX 4748, CLFkRWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLE4RWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 F..kx (727) 562 -4576 NOTICE OF VIOLATION The below referenced site is in non - compliance with the Property Maintenance Standards required in landscape areas. Questions concerning this report should be directed to Scott Kurleman at 727 -562 -4746. SITE: - Cabana Club Restaurant OWNER: Belleview Biltmore Resort Ltd. 2055 South Oak Place Atlanta, GA 30341 -1819 SITE ADDRESS: 1590 Gulf Blvd. PARCEL I.D. # 09- 29 -15- 00000 - 340 -0110 INSPECTION DATE: 07 -26 -99 NOTICE OF VIOLATION COMPLIANCE DATE: 08 -12 -99 CODES VIOLATED: 3-1502 (H). REQUIREMENTS: Remove all dead, declining, and unhealthy plant material. Replace all removed material with healthy landscape plant material. All portions of the site not covered by building, parking, or drive shall be landscaped with appropriate material and maintained in a neat and orderly manner. Failure to correct the VIOLATIONS by the notice of violation compliance date will result in legal action by the Code Enforcement Board of the City of Clearwater, or by the Pinellas County Court. Such action may result in a fine. e Z SIGNATURE: - 'f<C ONE CITY. ONE FuTuRE. BRLAN J. AUNGST, \LAYOR- COMMISSIONER ED HOOPER, VICE MAYOR-COMMISSIONER BOB CLARK. COM.MUSSIONER ED HUViT, COMMISSIONER ® J.B. JOH \SON, JR., COMMISSIONER "EQUAL- EMPLOYMENT AND AFFIR: \LaTIVE ACTION E \1PLOYER' Kurleman, Scott From: Hall, Bob Sent: Monday, July 26,199910:40 AM To: Kronschnabl, Jeff Cc: Kurleman, Scott; Wright, Bill; King, Janice; DeBord, Rick Subject: Cabana Club I met with Bill Wright at the Cabana Club. He is setting this for the Code Enforcement Board. This property is owned by Belleview Biltmore. He has met with the representatives and conducted a walk through on the property. They told him that they were going to need to get an engineer. He has not heard back from them on this so his has been in the processes of getting this before the Code Enforcement Board. Rick Debord also met with Bill regarding this property. Rick and Janice King will coordinate with each other to make sure the nuisance issues (Painting, debris, pool, etc. ) are addressed. Scott Kurlman needs to go by there and look at the landscaping issues as there are a lot of dying plants and bare areas. Page 1 PN10 -01 CITY OF CLEARWATER ATTN:ENGI PARCEL ID 19- 29 -15- 00000 - 340 -0110 PAZIP YRRLT JEFF FLRS TOT SQFT $JSQFT AVR 1590 GULF BLVD 33767 1983 1983 11,896 134.49 1.00 OWNER'S NAME AND ADDRESS V P W G BLDGS == IMPROVEMENT == HEAT SQFT BELLEVIEW BILTMORE RESORT LTD P 1 25 RESTAURANT /LOUNGE 9,292 2055 SOUTH OARK PLACE LEGAL DESCRIPTION CENSUS PBOOK /PG ATLANTA GA (RESERVATION 99 YEARS, 276.02 30341 -1819 OR 5785/1279) PT S 474.02 NBHD LOT SIZE = => ISC COUNTY FT GOV 2 IN SEC 19 COMM 37,993 SQ FT SE COR SEC 19 TH N89D W YEAR IMPROVEMENT LAND ASSESSMENT AS /FT YEAR TAXES PD D TX /FT 1998 773,800 817,300 1,591,100 171.22 1998 36,250.02 Y N 3.04 SALE DATE AMOUNT BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE DT Q APR. 1997 1,600,000 9672 991 Q J APR. 1990 400,000 7260 2207 U J MKT YR BLDG LAND TOT VALUE = = = == LAND / PROPERTY USE = = = == HOMESTD LP 98 773,800 817,300 1,591,100 21 325 RESTAURANT 0 N MORTGAGE COMPANY AMOUNT DATE MTG TYPE RATE NUMBER ALLIED /BELLEVIEW INC 19,000,000 041097 CON FIXED N/A SELLER'S NAME GEN REVIEW DATE BLDG REVIEW DATE MIDO USA INC 11/13/1984 06/05/1998 ENTER =FWD F1 =DOCS F2 =BLDG F4 =TAX F5 =LGL F7 =DIM F8 =XFEAT F13 =SKTCH F6 =COMP MENU PN10 RECENT DEED /MTG PRESENT - F1 =VIEW ISC Er EZI j ru ni -M 0 Postage ru Iq Certified Fee Postmark ru Ret;2f� Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) C3 ru Total Postage & Fees M C3 I Sent To a Street, Apt. ---------------------------------------- ------ C3 or PO Box No. C3N, City, State, ZIP+4 ------------------------------------------ Certified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece • A signature upon delivery • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. • Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. 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PS Form 3800, January 2001 (Reverse) 102595 -01 -M -1049 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece,` or on the front if space permits. 1. Article Addressed to: �L A. Received by (Please Print Clearly) I B. Drys of Delivery C. Signatu / '100 11 Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail Registered ,'Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7001 0320 0002 1262 2709 I (Transfer from service label PS Form 3811, March 2001 Domestic Return Receipt 102595 -01 -M -1424 UNITED STATES POSTAL SERVICE y First -Class Mail Postage & Fees Paid LISPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4 in this box • CITY OF CLEARWATER -1I Planning Department 100 S. Myrtle Ave. no ( (7 O� Q Clearwater, fl 33756 L5 tJ 0 U L5 a - Ulf OCT 0 4 2005 [JU TANNING & DEVELOPV, SERVICES -. r gRWAT{ �oJ'r ryE ORH0 6.D ja R LCSS Gv r tlff111ffIflll flf111111ItIft lll Ill. llfdll"111,1111111ItTiff CITY OF CLEARWATER MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 Telephone (727) 562 -4567 Fax (727) 562 -4576 ih4� �i^�'`.��� PLANNING NOTICE OF VIOLATION DEPARTMENT 9/27/2005 A- CDC2005 -02440 The below referenced site is in non - compliance with the landscape /tree ordinance and landscape plan submitted at the time of development or modification. Questions concerning this report should be directed to Scott Kurleman BELLEVIEW BILTMORE RESORT LTD 25 BELLEVIEW BLVD CLEARWATER, FL 33756 ADDRESS OR LOCATION OF VIOLATION: 1590 GULF BLVD LEGAL DESCRIPTION: (RESERVATION 99 YEARS, OR 5785/1279) PT S 474.02 FT GOV 2 IN SEC 19 COMM SE COR SEC 19 TH N89D W DATE OF INSPECTION: 09/27/2005 PARCEL: 19- 29 -15- 00000 - 340 -0110 Section of City Code violated: 3- 1204.1. Facts behind violation: '`'`RESPONSIBILITY FOR LANDSCAPE MAINTENANCE ** The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds. Section of City Code violated: 3- 12041. Facts behind violation: * *DEAD, DECLINING, MISSING AND DISEASED PLANT MATERIAL ** shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan. Specifically, there is dead, declining and missing landscape material. Replace per approved plan dated 6/13/2003. Check irrigation system for function. THIS VIOLATION CITED ABOVE MUST BE CORRECTED PRIOR TO 10/28/2005. FAILURE TO CORRECT THE ABOVE LISTED VIOLATION BY THE DATE INDICATED, OR RECURRENCE OF THE VIOLATION AFTER CORRECTION, WILL RESULT IN A LEGAL ACTION BY THE CODE ENFORCEMENT BOARD OF THE CITY OF CLEARWATER OR BY THE PINELLAS COUNTY COURT. SUCH ACTION MAY RESULT IN A FINE. THE ALLEGED VIOLATOR MAY BE LIABLE FOR THE REASONABLE COSTS OF THE INVESTIGATION, PROSECUTION AND THE ADMININSTRATIVE HEARING SHOULD THIS PERSON BE FOUND GUILTY OF THE VIOLATION. Inspector Signature DATE MAILED: 9/27/2005 INSPECTOR: Scott Sullivan INSPECTOR TELEPHONE: 727 - 562 -4746 CC: CL W NovCDCAdv.rpt r t b3 e