NOTICE OF UNSAFE BUILDING - 3319 SAN BERNADINO ST - FORBEARANCE STIPULATION AND AGREEMENT'I', CITY OF CLEARWATER
Y,ll1 PLANNING & DEVELOPMENT DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
p *Si, MUNICIPAL SERVICES BUILDING, WO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4367 FAX (727) 562-4576
NOTICE OF UNSAFE BUILDING — 3319 SAN BERNADINO ST
FORBEARANCE STIPULATION AND AGREEMENT
WHEREAS, the City of Clearwater (City) Planning & Development Department
(Department) on November 6, 2017 issued a Notice of Unsafe Building (Notice) regarding
property located at 3319 San Bernadino St., Clearwater, Florida, 33759 (Premises); and
WHEREAS, the Premises is currently owned by Christine Riley and Stella Mazur (Owner);
and
WHEREAS the Owner did not appeal the Notice to the Building/Flood Board of Adjustment
(Board) and therefore the Notice constitutes a final order; and
WHEREAS, as of the drafting of this agreement, the Department has determined that the
Premises remains in violation of certain Code sections and is under threat of demolition; and
WHEREAS, Wells Fargo Bank, National Association, not in its individual or banking
capacity, but solely as trustee for the SRMOF II 2011-1 Trust (Bank) has obtained a final judgment
of foreclosure against the Owner in Pinellas County Case No. 14 -009527 -CI (Judgment) and has
the intention to purchase the Premises at the resulting foreclosure auction scheduled for May 31,
2018 (Auction), and although Bank does not currently have a duty to bring the Premises into
compliance, but pursuant to the discretion of the Department, as the authority having jurisdiction
pursuant to the City's Code, may have standing to request a forbearance and eventual rescission
of the Notice ordering demolition of the Premises; and
WHEREAS, it is the intention of the Department and Bank (Parties) to reach a stipulated
agreement in an effort to effectuate Bank's purchase of the Premises at the foreclosure auction,
and thereafter to give guidance to Bank to achieve compliance with the City's Code; and
NOW THEREFORE, the Parties agree as follows:
1. The information contained in the recitals above is incorporated into this Stipulation
and Agreement by reference.
2. Bank acknowledges that the Notice is a final order and that therefore Department
has every legal right to demolish the Premises.
3. This Stipulation and Agreement is entered into freely and voluntarily and this
Agreement entered into between the Parties shall not preclude the Department or other
appropriate City officials from revisiting this matter and taking further action in the future should
violations of applicable codes occurring at the Premises fail to be brought into compliance.
4. The Bank agrees to bid the full Judgment amount at the Auction.
5. As the intent of this Stipulation and Agreement is to provide certainty to Bank as
to the Notice and as to Bank's obligations and duties under the Notice, this Stipulation and
Agreement will be null and void unless: 1) the Auction actually occurs on May 31, 2018 and Bank
successfully purchases the Premises; and 2) Bank commences, completes, and maintains the
following immediate repairs no later than thirty (30) calendar days after the issuance of the
certificate of title: a) Remove all trash and all debris, brush, high grass and weeds, and any other
materials not maintained in a clean or in the case of plant materials a husband like manner found
on the Premises, which action must begin within five (5) calendar days after the issuance of the
certificate of title; b) Mitigate any conditions determined by the Unsafe Building Inspector to be an
immediate threat or safety of the public, which action must begin immediately after the issuance
of the certificate of title; and c) Secure house located on the Premises by removing any temporary
security enclosures and ensuring that there is no possible entry by an unauthorized persons,
which action must begin immediately after the issuance of the certificate of title. (Contingencies).
6. Once the Contingencies are met, Department agrees to hold the Notice ordering
demolition in forbearance for twelve (12) months after issuance of the certificate of title as
described below. During this time period, Bank shall commence, complete, and maintain the
following actions to bring the Premises into compliance with the City's Code:
a. Replace the roof of the house located on the Premises; and
b. Replace all windows and doors of the house located on the Premises; and
c. Paint entire house located on the Premises; and
d. Repair the pool located on the Premises and make the pool usable with
clear water; and
e. Repair the fence/pool enclosure located on the Premises; and
f. End the public nuisance status of the Premises that has resulted in
complaints to the City's Police, Fire, Code, and Building Departments, which
includes, but is not limited to:
i. Securing all doors and windows on the house located on the
Premises in a tight fitting and weatherproof manner with sashes of
proper size and design; and
ii. Securing the Premises from vermin and pest entrance; and
iii. Securing the pool located on the Premises so that unauthorized
persons do not have access to it; and
iv. Prevent growth of bugs and bacteria in pool located on the Premises;
and
v. Obtaining permits for all securing work that needs to be done.
8. In the event that the forbearance period expires and Bank has failed to complete
and maintain all repairs referenced in Paragraphs 5 and 6 above, or in the event that Bank
otherwise fails to comply with any other term of this agreement, Bank agrees that Department
and appropriate City officials may avail themselves of all rights under the Notice as to the
Premises and Bank, including but not limited to immediate demolition of the Premises, and all
rights under federal, state, and local law to recover from Bank the amount of the demolition,
investigative costs, and attorney's time expended in the prosecution and attempt at resolution in
this matter.
9. If Bank brings the Premises into compliance within the time specified herein, then
Department shall rescind and dissolve the Notice ordering demolition.
10. This Stipulation and Agreement may be executed in counterparts, each of which
shall be deemed one and the same instrument. Any signature transmitted by facsimile of
electronic mail shall be binding as if an original.
IN WITNESS WHEREOF, all Parties hereto have the capacity and ability to bind
themselves and have caused this Stipulation and Agreement to be executed on this27NOday of
May, 2018,
Wells Fargo Bank, National Association, not in its individual or banking capacity,
But solely as trustee for SRMOF II 2011-1 Trust by Selene Finance LP its
Att • rney in Fact
Mary McGra its Se for Vice President, Selene Finance LP
Countersigned:
Planning and Development Director
Michael L. Belk
Approved as to form:
Michael P. Fuino, Esq.
Assistant City Attorney
Attest:
Rosemarie Call
City Clerk