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CE 342 Seminole Rd 2012 LEASE ADDENDUM C""'. tll:, TED July 6"', 2010 This addendum is added to and amends the agreement made by Ross Thomas Lewis, Bradley Gagas, Artie Echavarria, Christen Davis as tenants of 342 Seminole Road,Atlantic Beach, FL 32233 on November 5", 2009. Per the public hearing of the Code Enforcement Board of Atlantic Beach, FL on March 9"'. 2010, the house located at )42 Seminole Road is not in compliance with Atlantic Beach Code, Chapter 24, Sec 106 (b) Residential Single Family permitted use. The following tenants agree to vacate on or before July 31", 2010 Name l The following tenants will remain in the property the original lease expi s on October 31", 2010. i Name '-R"5 >> — cjnf i�tAe -q yi S By signing this addendum you are agreeing to bring the property into compliance with the Atlantic Beach Code of Residential Single Family permitted use. By signing the addendum, all tenants hereby acknowledge that landlord will be tined up to $250.00 per day for each day the property is not in compliance, beginning August 1", 2010. Tenants hereby acknowledge that their failure to bring the property into compliance with Atlantic Beach Code shall amount to a breach of this lease and will result in the tenants being jointly liable any and all fines imposed by the City of Atlantic Beach beginning August 1",2010. Tenants failure to bring the property into compliance by August 1'',2010 pursuant of the terms of this addendum will result in immediate eviction proceedings and an action to recover the per diem fines assessed against the landlord. Attorney's fees: If landlord employs an attorney due to tenants violation of the terms and conditions of the lease or this addendum thereto, tenant shall be responsible for all costs and reasonable attorney fees as incurred by the landlord whether or not suit is tiled. Landlord and tenant hereby waive the right to demand a jury trial concerning any litigation between landlord and tenant that may come out of this lease and addendum thereto. • 7 Tentants: Signature Date Ross Thoma. Lewis Z,JA� -7- C) Br y Gag-as -7 - 1 � - Io Artie Echavarr'a -7- Christen Davis Prop Owner: i —i� Joh Lane M U" July J6'11. 2010 John Lane 1050 W. Dakin Street. 43C Chicago. 1 L 60613 To current tenants of 342 Seminole Road: This letter is to advise you that, per the compliance hearing on March 9''', 2010, the City of Atlantic Beach has found the property at 342 Seminole Road,Atlantic Beach, FL 32233 not in compliance of the Residential Single Family permitted use (Chapter 24. Sec 106 (b)). This property must be within compliance on or before August 1",2010. Per my conversation with Artie Echavarria on July 6°1. 2010, only two tenants will remain in the property until the original lease expires on October 31". 2010. An addendum to the lease signed November 5"', 2009 for this property is included with this letter. Please sign and date the addendum and forward to the property manager(RES Solutions). Failure to do so by July 151h, 2010 will result in immediate eviction proceedings. If you have any questions, feel free to contact me at(904) 228-7020. Sincerely. i John e l 4 Lopez, Eddie From: John Lane[lanejohnc @yahoo.com] Sent: Tuesday, July 20, 2010 9:53 PM To: Griffin, Michael Cc: Lopez, Eddie; Gorman, Susan Subject: Re: 342 Seminole Attachments: 7.20.10 LEASE ADDENDUM.pdf Mr. Griffin, As of August 1st, 2010, only two tenants will be residing at 342 Seminole Road. Attached is a signed addendum to the existing lease. This should resolve the ongoing single family ordinance issue. If you have any further questions or concerns regarding this matter, feel free to contact me at(904)228-7020. John Lane From: "Griffin, Michael" <mgriffin @coab.us> To: John Lane <lanejohnc @yahoo.com> Cc: "Lopez, Eddie" <elopez @coab.us>; "Gorman, Susan" <sgorman @coab.us> Sent: Fri,July 2, 2010 1:50:08 PM Subject: RE: 342 Seminole Mr. Lane, Attached is a copy of the Order issued by the Code Enforcement Board at the March 9 hearing where your representative spoke to the board. This Order will be recorded against the property if compliance is not obtained by the date set by the board. If you have questions, please let me know. Michael Griffin,CBO,CFM Building Official 800 Seminole Road City of Atlantic Beach,Florida 32233-5445 mariffinCcDcoab.us Telephone 904-247-5813 Fax 904-247-5845 htto:/Mrww.coab.us/ From: John Lane[mailto:lanejohnc @ yahoo.com] Sent: Friday, July 02, 2010 12:49 PM To: Griffin, Michael Cc: Lopez, Eddie Subject: Re: 342 Seminole Hi Mr. Griffin, Do you have a copy of the letter after the March 9th hearing? I don't think I ever received a copy. Please let me know. Thanks, John Lane From: "Griffin, Michael" <mgriffin @coab.us> To:John Lane<lanejohnc @yahoo.com> Cc: "Lopez, Eddie"<elopez @coab.us>; Alan Jensen <Alan@4JensenLaw.com>; "suzannewgreenpa @bellsouth.net" 1 <suzannewgreenpa@bellsouth.net>; "Doerr, Sonya" <sdoerr @coab.us> Sent:Wed, June 30, 2010 12:54:51 PM Subject: FW: 342 Seminole Mr. Lane, Attached above is a copy of the letter sent to you confirming the March 9, 2010, code enforcement hearing related to your zoning code violation. The meeting was held and you had a representative attend the meeting. The Board issued an order requiring the property to be in compliance on August 1, 2010. This case was heard as a matter of a complaint received by the City about the property. Please review your email below dated December 23, 2009, indicating that June 2010 would be enough time to find new renters or move into the property yourself. The City does not have the capacity to remove tenants. I understand your tenants have a lease, one of your tenants called me about a month ago and reinforced they will not leave because they have a lease and nowhere else to go. This case is at the point you may need legal advice that I am unable to provide to you. The Code Enforcement Board's order against the property of$250 per day for each day of violation will be enforced on August 1, 2010, as directed by the board. As staff we are unable to change this, unless there is compliance. The vehicle parking has not changed since we talked, several cars are parked in front of the property at different times, however, parking is not the issue, it is the number of unrelated tenants. As indicated in the order, after August 1, 2010, you must provide confirmation the dwelling at 342 Seminole Road does not house more than 2 unrelated persons or a fine of$250 a day for each day will be imposed. If you have any questions, or need additional information please let me know. Michael Griffin, CBO, CFM Building Official 904-247-5813 From: John Lane[mailto:lanejohnc @yahoo.com] Sent:Wednesday, June 30, 2010 12:46 PM To: Griffin, Michael Subject: House Hello Mr. Griffin, I own the property at 342 Seminole Road. I've been having an on-going conflict with the single-family ordinance. Based on a hearing on March 9th, 2010 my tenants were given until August 1st, 2010 to vacate the property. For the past three months I've been trying to have the tenants find anew property. They have been passively looking. As of today, I still have no definite confirmation that they are going to willing vacate the property. My property manager has advised me that I cannot evict the tenants since they have not violated any terms of the lease. Will the City of Atlantic Beach assist me in removing the tenants from my property if they are unwilling to do so on their own? Again, I still do not have word either way from the tenants if they plan on moving or not. At this point 1 am trying to weigh all my options. Please let me know. Thanks, John Lane From: John Lane[maifto:lanejohnc@yahoo.com] Sent:Wednesday, December 23, 2009 3:06 PM To: Griffin, Michael Cc: Lopez, Eddie Subject: Re: 342 Seminole 2 t s Hi Mr. Griffin, Thank you for your understanding. I spoke with the property manager. He is dealing with the parking issue. Please let me know if has not stopped within the next day or two. My wife and I are still deciding what we want to do. We will either move back into the property or attempt to find new renters that are in compliance of a single family. Either way, June should be enough time to work this out. Please let me know what the outcome of the March 9th hearing is in case I need to modify my plans. Thanks, John Lane From: "Griffin, Michael'<mgriffin @coab.us> To: "lanejohnc @yahoo.com"<lanejohnc @yahoo.com> Cc: "Lopez, Eddie"<elopez@coab.us> Sent:Wed, December 23, 2009 1:44:17 PM Subject: 342 Seminole Mr. Lane, We spoke yesterday about your single family dwelling at 342 Seminole Road. After further discussion with staff it was determined we will take this case to the March 9,2010, Code Enforcement Board hearing. We will ask the Board to issue an order requiring compliance within 90 days which will occur approximately June 9, 2010. Please be aware, the board has the ability to decrease compliance time recommended by staff. However, this should be sufficient time for you to make arrangements to bring the property in compliance with the single family dwelling requirements of RS-2 Zoning. In the meanwhile, please have the current tenants not park more than two vehicles in the front yard at any time. If you have any questions or need additional information please let me know. Thanks! Michael Griffin,CBO,CFM Building Official 800 Seminole Road City of Atlantic Beach, Florida 32233-5445 mariffin(cD-coab.us Telephone 904-247-5813 Fax 904-247-5845 http://www.coab.us/ 3