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51-Eakin Email Attachments (00651540xBA9D6)November26, 2001 seating places; (2) Bowling alleys: Four (4) spaces for each alley; (3) Business or commercial Buildings: One (1) space for each three hundred (300) square feet of gross floor area; (4) Churches, temples or, places of worship: One (1) space for each four (4) seats or seating places; (5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space for each two hundred (200) square feet of gross floor area, whichever is greater; (6) All residential Uses: Two (2) spaces per Dwelling Unit. (7) Hospitals; clinics and convalescent homes: One and one-half (1 1/2) spaces for each hospital. bed; (8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory Uses such as restaurants, lounges, etc., plus one employee space per each 20 sleeping units or portion. thereof; (9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area; . (10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each companyvehicle operating from the premises; (11) Medical or dental .clinic: One (1) space for each two 'hundred (200) square feet of gross floor area; (12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees; • (13) Marinas: One (1) space for each boat berth plus one (1) space for each two (2) employees; (14) Office and professional Buildings: One (1) space for each four hundred (400) square feet of gross floor area; (15) Restaurants, cocktail lounges and/or other eating places: One. (1) space 'for .each two. (2) .seats; (16) Rooming and boardinghouses: One (1) space for each guest bedroom; (17) Schools and educational Uses: i. Elementary and junior high schools: Two (2) spaces for each classroom, office and kdtchen; ii. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member. P M trA wie s 31 es 0 z 0 TENANT LEASE FOR THE All -ANTIC PALMS PLAZA This LEASE AGREEMENT is made and entered into this _first day of June 1997 by and between John L. Green and William W. Nicol, herein after referred to as Lessor, and Barry Adeeb d_b.a. Atlantic Beach Diner, hereinafter referred to as Lessee. Witnesseth That: The Lessor, for and consideration of the rents hereinafter to be paid by the Lessee and the covenants herein to be made and kept by the Lessee, hereby demises and leases unto the Lessee that certain premises located in Duval County, Florida_ Square feet: 1900 +/-_ Address: 501 Atlantic Blvd Atlantic Beach, F1. 32233 To Have And To Hold for an initial term beginning on the first day of June, 1997, and ending on the 31" day of May, 2002 unless such term sha11 be sooner terminated as hereinafter provided. 1. RENT. In consideration of said demise the Lessee covenants and agrees to pay to the lessor as rent for said premises the total aggregate sum of $19,000 the first year in monthly installments of $1583.33 per month with the first such installment due and payable on June 1, 1997, and a like installment due on the same day of each and every month thereafter during the remaining term of the first year of this lease without demand The monthly rental rate stated herein does not include any applicable sales and use taxes, which shall be added to such rent and paid each month by Lessee. After the first year, the rent for each following year shall be increased by an amount of S.50 per square of the preceding year. Lessee may prepay any year's total rent in advance and receive a 6.5% reduction off the total aggregate sum for that year. In the event the lessee elects to pay any year in advance, the next years rent will still be based on the preceding year's ha se rent plus the S.50 per square foot increase and not the discounted amount. All such installments, or advance payment of rent, together with any other payments required to be made by Lessee to Lessor hereunder, than be payable at the office of the Lessor located at 535 Atlantic Boulevard, Atlantic Bead)_ Florida 32233 or at such other location as may be hereafter specified by Lessor to Lessee. Any payment not ceived by 12 pm of the 6th day of any month will be assessed a late fee of $25 plus $5 per day after the 6thuntil p3aid.Failure to pay any month's rent by the 301h of the month will cause Lessor to issue a three day notice to Lessee to pay the rent and any incurred penalties and late fees. Failure to pay all rents penalties, and late fees by the third day will be cause to issue a notice of eviction. In the event of eviction, the Lessee willstill be responsible to the Lessor for the remaining term of the lease. 2. SECURITY DEPOSIT. The Lessor hereby acknowledges receipt of the sum of $ 1500 as security for the full, faithful and punctual performance by the Lessee of the Lessee's covenants and agreements contained herein, and if Lessee shall abide by all the covenants and agreements contained herein, and shall deliver up to Lessor the demised property at the end of the term or when this agreement is terminated in the same condition as when oripjn ally demised to the Lessee by the Lessor, ordinary wear and tear excepted, such sum shall be returned to Lessee. without interest, but otherwise such sum shall be retained by Lessor. The rights of the Lessor against the Lessee for a breach of the Lessee's covenants and agreements contained herein shall in no way be limited or restricted by said security deposit, but the Lessor shall have the absolute right to pursue any available remedy to protect the Lessor's interest herein as if security deposit has not been made. 3. DEFAULT. Each of the following events shall be a default hereunder by Lessee and a breach of this Lease Agreement (a) If Lessee shall fail to pay to Lessor any rent or sales or use tax thereon as and when the same shall become due and payable and shall not make such payment within ten(10) days after notice thereof by Lessor to Lessee: (b) If Lessee orany successor or assignee of Lessee, while in possession, shall file a petition in bankruptcy or insolvency or for reorganization or arrangement under the Bankruptcy Act of any State, or shall voluntarily take advantage of any such law or act by answer or otherwise, or shall take an assignment for the benefit of creditors, or. if Lessee be a corporation, shall be dissolved voluntarily or involuntarily; TENANT LEASE FOR THE ATLANTIC PALMS PLAZC 2 (c) If involuntary proceedings under any such bankruptcy law or insolvency act, or for the dissolution of a corporation shall be instituted against Lessee or such successor or assignee, or ifa receiver or trustee shall be appointed of all or substantially all of the property of Lessee or such successor or assignee; (d) If Lessee shall fail to perform any of the conditions on Lessee's part to be performed and if such nonperformance shall mntinue for a period of ten (10) days after notice thereof by Lessor to Lessee or ifsuch performance cannot be reasonably had within such ten (10) days period, Lessee shall not in good faith have commenced such performance with such ten (10) day period and shall not diligently proceed therewith to completion; (e) if Lessee shall vacate or abandon the demised premises for a period of ten (10) days or more; (f) If this Lease or the interest of Lessee hereunder shall be transferred or assigned in a manner other than herein permitted; or (g) If Lessee fails to take possession of the demised premises on the term commencement date or within ten (10) days after notice that the demised premises are available for occupancy, if the temi commencement date is not fixed herein, and if such occupancy date shall not be deferred in writing by Lessor. 4. LESSOR DEFAULT OPTIONS. In the event of the occurrence of any default specified hereunder, the Lessor shall have the option, upon ten (10) day's written notice to the Lessee to: (a) Terminate this lease, resume possession of the property for his own account, and recover immediately from the Lessee the difference between the rent specified in this Lease and the fair rental value of the property for the remainder of the term, reduced to present worth; or (b) Resume possession and release or rent the property for the remainder of the term for the account of the Lessee, and recover from the Lessee, at the end of the teen or at the time each payment of rent comes due under this lease as the Lessor may choose, the difference. between the rent specified in the lease and the rent received on the releasing or renting In either event, the Lessor shall also recover all expense incuaed by reason of the breach, including reasonable attorney's fees. 5. QUIET ENJOYMENT. Lessee hereby acknowledges that it has received the premises in thoroug dy good and tenantable order, health safe condition and repair, of which the execution of this Lease, and Lessee's taking of possession hereunder, shall be conclusive evidence; and Lessee hereby further covenants that it will not permit, commit or suffer any noise, disturbance or nuisance whatsoever, nor allow any unhealthy, unsafe or untenantable condition on said premises which shall be detrimental to the premises or annoying to the neighbors and, in the opinion of the Lessor, should said premises not be so maintained, then in that event, this shall constitute a default under the terms of this Lease Agreement, and Lessor shall have all the remedies set out hereunder in the event of default. 6. ASSIGNMENT. The Lessee covenants and agrees not to assign, transfer, mortgage, pledge or hypothecate this leasehold or to sublet the demised premises or any part thereof without the prior written consent of the Lessor. Any transfer of this Lease from the Lessee by merger, consolidation or liquidation shall constitute an assignment for the purposes of this Lease. 7. ALTERATIONS. The J essee shall not make any alterations or changes in the demised premises without the prior written consent of the Lessor. 8. SECURITY FOR PAYMENT OF RENTS. of the furniture fixtures a 1. _.'. l A, . A. Ja un o tl a .� ch may be .rout 1 or . .,,. sed 9. PREMISES. Lessee agrees that all merchandise, boxes, furniture, equipment, etc., shall be kept in the premises upon delivery and that Lessee will keep the exterior of the premises, including all common passageways, sidewalks, alleyways and entranceways, free from all merchandise, boxes, furniture, equipment, refuse and debris at all times. 3 10. LEGAL ACTION. Lessee shall indemnify and save harmless said Lessor from and against any and all claims, suits, actions damages or rnnces of action arising during the term of this J Pace for any personal injury, loss of life, or damage to property sustained in or about the leased premises by reason or as a result of Lessee's occupancy thereof and from and against any orders, judgements or decrees which may be entered thereon and from and against all costs, attorneys' fees, expenses and liabilities incurred in and about the defense of any such claim in the investigation thereof 11. LIABILITY INSURANCE. J ecce agrees, at its own expense, to maintain in full force and effect during the lease term, a policy or policies of "Comprehensive Public Liability" insurance property damage, writtence Shirting pros i by one or more responsible insurance companies licensed to do business n the State of Florida, which will insure J PCC-+ and Lessor (and such other persons, firms, or corporations as are d-signated by Lessor) against liability for injury to persons and/or property and death of any person or persons incurring in or about the premises. Bach policy shall be approved as to form and insurance company by Lessor, and the liability under such insurance ahall not be less than $100, 000.00 for any one person injured or killrrl and not less than $300,000.00 for any one accident, and not Less than $50,000.00 property damage. 12. SUBORDINATION. It is agreed by Lessee that this Lease shall be subject and subordinate to any mortgage, deed of trust, or other liens now on the premises or which may hereafter be made on account of any proposed loan to be placed on said premises by the Lessor to the fall extent of all debts and charges secured thereby, and to any renewals, extensions and modifications of all or any part thereof which Lessor may hereafter, at any time, elect to place on said premises, and Lessee agrees upon request to hereafter execute any per or papers which counsel for the Lessor may deem necessary to accomplish that end, and in default of Lessee's doing so the Lessor is hereby empowered to execute such paper or papers, in the name of the Lessee; and as the act and deed of said Lessee, and this authority is declared to be coupled with an interest and not revocable. 13. LIENS. Lessee shall keep the demised premises, and the property in which the demised premises are located, free from any liens arising out of any work performed, materials furnished, or any obligations incurred by Lessee, it being expressly acknowledged that the leasehold interest hereby demised shall not be subject to any such liens. 14. SERVICES. The J Pssee agrees that it will contract for and provide the following services at its expense: (a) Electricity (b) Sewer and water (c) Garbage (d) Telephone The Lessor will provide the following services: (a) (b) TENANT LEASE FOR THE ATLANTIC PALMS PLAZA 4 Except as specifically provided for herein, the Lessor is not obligated to provide any services to the lesser. 15. PLATE GLASS INSURANCE. 1 ecce= shall obtain and maintain, at its own expense, "plate glass" insurance coverage on all exterior plate glass in the leased premises. 16. HAZARDOUS TRADE. Lessee agrees that no hazardous trade or occupation shall be permitted or carried on in or on the premises, and nothing will be done or permitted and nothing will be kept in or about the premises which will increase the risk or hazard of fire or damage so as to increase Lessor's Hazard Insurance premium or cause Lessor's Hazard Insurance policy to be void. The Lessee further covenants not to conduct any business that is contrary to, or in violation of the laws of the United States of' America, or the State of Florida, or the ordinances of any county or municipality in which the leased premises may be located 17. ENTRY FOR REPAIRS. Lessor or Lessor's authorized agent may, at any reasonable time, enter and view said premises and make any repairs which, in Lessor's opinion, may be necessary. 18. WAIVER OF BREACH. Lessor's waiver of breach of any one covenant or condition of this Lease is not a waiver of breach of others, or a waiver of any subsequent breach of the one waived Lessor 's acceptance of any rent installment, after breach , is not a waiver of the breach, and a waiver of the breach of the Lessee's covenant to pay any rent installments when due shall not be construed to be a waiver of Lessor's right to refuse any such delinquent payments in the future. 19. CASUALTY DAMAGE. In the event the premises are destroyed or so damaged by fire or other casualty . during the term of this agreement so that they become untenantable, then in that event the Lessor shall have the right to render said premises tenantable by making the necessary repairs within ninety (90) days therefrom and if said premises are not rendered tenantable within said time, it shall be optional with either parry to cancel this Lease and, in the event of such cancellation, the rent sha 11 be paid only to the date of such fire or casualty. If the whole of the demised premises or such portion thereof as will make the demised premises unsuitable of the purpose herein leased is condemned for any public use or purpose by any legally constituted authority, then in either of such events, the J ease shall terminate as of the date when possession is taken by such public authority and rental shall be payable by Lessee only to such date. If any part of the demises premises shall be condemned and taken without causing a termination prusuant to the above paragraph, then the Lessor at its option shall have the right to either terminate the Lease upon written notice within sixty (60) days after said taking, or to continue the term of said J ease, in which event the rental . shall be equitably reduced in proportion to the space so taken (but not for parking space so taken), and Lessor shall at its own cost and expense, restore the remaining portion of the demised premises to the extent necessary to render it reasonably suitable for the purposes for which it was leased and make all repairs to the building in which the demised premises are located to the extent necessary to render it suitable for the purpose for which it was leased and make all repairs to the building in which the demised premises are relocated to the extent necessary to constitute the building a complete architectural unit All compensation awarded or paid upon such a total or partial taking of the demised premises shall belong to and be the property of the Lessor without any participation by the Lessee, and Lessee hereby assigns to the Lessor any award made to Lessee; provided, however, that nothing contained herein shall be construed to preclude the Lessee from prosecuting any claim directly against the condemning authority in such condemnation proceedings for loss of business, or for the value of, stock, trade, fixtures, furniture, and other personal property belonging to the Lessee, provided that no such claim shall diminish or otherwise adversely affect the Lessor' s award 20.OPTION TO RENEW. The J essee shall have and it is hereby given, if at the applicable time no default exists hereunder, the privilege of renewing this Lease for five, five-year renewal terms. The. J ease rate shall be an extension of the original Lease agreement increasing yearly an additional $.50 per square foot each year of the additional five years. In the event Lessee desires to exercise this option, Lessee shall do so by written notice to the Lessor at least six months prior to the expiration of the initial term of this Lease. TENANT LEASE TOR THE ATLANTIC PALMS PLAZA 5 21.TAXES. During the term of this 1 -Page, and any extensions and renewals hereof the Lessee shall be responsible for, and will pay to the Lessor, its proportionate share of real-estate, ad valorem taxes and special assessments assessed against the promises of which the demised premises are a part of. This amount will be pro -rated on a monthly basis and paid monthly with the.notmal monthly rent, sales taxes, -and utility assessments where applicable. A copy of the tax bill will be provided to the tenant when received by the lessor and any adjustments to the total tax amount will be corrected at that time. Any increases will due to the lessor and any overpayments will be credited to the tenant. Lessee shall also pay to the Lessor the sum of S.15 per square foot of the premises leased herein per year for the common area maintenance adjacent to the premises herein, with said sum due and payable each year in advance; This fee will cover the costs of routine maintenance of the parking lot and surrounding walkways. The failure of the Lessee to pay said sum or Less='s proportionate share of the taxes or additional assessments as provided herein shall constitute a default of the covenants contained herein, and Lessor shall be entitled to exercise all, of the remedies provided for herein for such &Sault. Nothing contained in this paragraph shall be construed as placing the Lessor under a duty for common area maintenance. 22.BINDING AGREEMENT. This Lease Agreement shall Imre to and be binding upon the successors, assigns, heirs, and administrators of the parties hereto. 23. NULL AND VOID. It is hereby agreed by and between the parties that the finding of any provision, clause, or paragraph of this Lease to be null or unenforceable shall not have effect upon the remaining provisions of this 1 Far, and all other provisions shall remain in full force and effect. 24. SIGNS. Lessor mast approve all signs before erection or painting the demised premises. 25.AIR CONDITIONING. Lessor has installed central heat and air adequate to supply the premises. Any subsequent service, repairs, or replacement of said units shall be the sole responsibility of the Lessee. 26.MAINTENANCE AND REPAIRS. Lessee shall at all times keep the demised premises including exterior entrance, all glass, and window moldings, all partitions, doors, fixtures, including lighting, heating and plumbing fixtures, in good order condition and repair. All structural portions of the premises than be maintained by the Lessor, but if the Lessor is required to make structural repairs by reason of Lessee's negligent act or omission to act, then Lessee shall be obligated for the cost of such repairs and shall pay Lessor for same on demand— If emand If Lessee refuses or neglects to repair properly as required hereunder and to the reasonable satisfaction of Lessor, lessor may make such repairs without liability to Lessor for any loss or damage that accrues to Lessee's merchanHise, fixtures, or other property or to Lessee's business by reason thereof, and without waiving any of Lessor's remedies for Lessor's default, and Lessee shad pay Lessor's cost for making such repairs, upon presentation of bill thereof. - 27.1NSURANCE POLICIES. All insurance policies required to be maintained by the Lessee under the terms of this Lease Agreement shall name the Lessor as Loss Payee. 28.USE. The premises are restricted to use as a diner. The premises may not be used for the retail sale of merchandise customarily sold at stores operated by or under the lease from lessor or at grocery stores of the type commonly called convenience stores. _ENANr LEASE FOR THE AThAN JC PALMS PLAZA 29.SUMMARY OF RENT, TAXES AND COMMON AREA FEES: Item Amount Rent 51583.33 Sales tax 102.92 Prop. Tax 176.25 Insurance 49.00 Total Monthly 5191130 CAM/year 285.00 6 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year fust above written. SIGNED, SEALED AND DELIVERED IN OUR PRESENCE: a Atlantic Palms Uo Franklin Street Management Services 500 N. Westshore Boulevard, Suite 750 Tampa, FL 33609 Barry Adeeb Atlantic Beach Diner 501 Atlantic Boulevard Attantic Beach , FL , 32233 Statement Account as p -t00000300 -Barry Adeeb (Atlantic Beach Prop Name: A�Santic Palms/LSREF2 Chalk RED, LLC Assigned 501 Spaces: Date: 07/01/2014 Payment: $ Please provide CURRENT certificate of insurance. Date Description Charges Payments Balance Balance Forward 07/01/14 Base Rent (07/2014) 07/01/14 Sales Tax for Base Rent (07/2014) 07/01/14 Base Rent (07/2014) 07/01/14 Sales Tax for Base Rent (07/2014) 07/01/14 Property Tax (07/2014) 07/01/14 Sales Tax for Property Tax (07/2014) 0-30 Days 1,542.35 2,929.17 205.04 (1,734.57) (121.42) 246.85 17.28 31-60 Days 0.00 61-90 Days 0.00 Above 90 Days 0.00 0.00 2,929.17 3,134.21 1,399.64 1,278.22 1,525.07 1,542.35 Amount Due 1,542.35 Monday, lune 23, 2014 DEF -000064 g �. c�c��iu fUV 11 LUI4 IG C4 r.U4 Doc # 2014248743, OR BK 16964 Page467 CURT Pages: 5, Recorded 10/31/2014 14DE 03:45 S$6300Fussell CLERK CIRCUIT COURT DUAL COUNTY RECORDING $44.00DEED DOC ST $630.00 Consideration Paid: $900,000,00 Docmweatury Transfer Taxes: 56300.00 Pronared By: Chris R Strohmenger, Esquire Rogers Towers, P.A. 1301 Riverplace Blvd, Suite 1500 Jacksonville, PL 32207 FA14-32-CHALK RTio/3 Zo 217 Auer RecS Return TQ; Chris R. S'trohmengrr, Esquire Rogers Towers, P.A. 1301 Riverplaee Blvd., Suite 1500 Jacksonville, PL 32207 Parcel TD Number 170678-0000 170683-0010 170684-0000 STATE OF FLORIDA COUNTY OF 4(/kl SP`ECIA'1_, WARRANTY DEED § KNOW ALL MEN BY MESE PRESENTS: LSREF2 CHALK REO, LLC, a Delaware limited liability company ("CrrantoZ') whose mailing address is 2711 N. Haskell Avenue, Suite 1800, ball„ 5, Texas, 75204 for and in consideration of the sum of Ten. andNo/100 Dollars ($10,00) and other valuable consideration, the receipt and sufficiency of which consideration are hereby acknowledged, has GRANTED, BAROMNED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY, unto GATE PZ TROL EUM COMPANY, a Florida corporation, ("Grantee") whose mailing address is 9540 San Jose Boulevard, Jacksonville, Florida, 32257 (i) all that real property situated in the County of Duval, State of Florida, and more particularly described on Exhibit A att,,rhed hereto and made a part hereof for all purposes, (ii) together with all improvements and related amenities located in and on such real. property, (iii) easements, if any, benefiting such real property, and (iv) all rights and appurtenances, if any, pertaining to suchtealproperty, inclnaingany right, title and interest of Grantor in and to adjacent streets, alleys or rights-of-way (collectively, the "Property"). This Deed is made and accepted expressly subject to the matters set forth in Exhibit B attached hereto and made a part hereof for all purposes (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD t erty, subject to the Permitted Encumbrances, together with all and singular the rights and app u'r maces belonging in any way to the Property, unto the said 69062.001657 BMF US 52949356v1 rax: zbzuulu OR six 16964 PAGE 468 Nov 11 2014 12:24 P.03 Grantee, its successors and assigns FOREVER, and Grantor binds itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Encumbrances, to Grantee, its successors and assigns against every person lawfully claiming or to claim all orany.part oftheProperty, by, through, or under Grantor, but not otherwise. EXECUTED to be effective as of the 5*' day of October, 2014, Signed, sealed and delivered in the presence GRANTOR: of these witnesses: Witness: 1144217743!];;,47 Witness: Nam /4 " gf IA STATE OF TEXAS § COUNTY OF DALLAS § LSREF2 CHALK REO, LLC, a Delaware limited liability cotripany NA Name: Marisa K. McGaughey Title: Assistant Vice President Before me the undersigned, a Notary Public in and for said County and State, on this day personally appeared Marisa K. McGaughey, the Assistant Vice President ofLSREF2 CFIALKREO, LLC, a Delaware limited liability company, lolowntume (or proved to me on oath of or through (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instnunent,.and thereupon she acknowledged that she was authorized to execute the within instrument on behalf -of said company, and that she executed said instrument as the voluntary act of the said company, and for the purposes and consideration expressed therein and in the capacity stated therein. Given under my hand and seal of office this all" day of October, AD:, 2014: TANYA DAHLEH My Cortpnlssion Expires Anputl 2.2017 J Ad1904973 1 69052.001657 ENIF_US 52949356x1 (Seal) Notary Public (signature of Notary Public) My commission Expires: S -G -act -1 -2- rax:coLouiu OR BK 16969 PAGE 469 Nov it 2014 11:24 P. 04 F«20 ,LezaI Description of the Larad Lots 788 through 799 and L* 803 through 809 of PLAT OF SECTION NO. 1 SALTAI t, according to the Plat thereof asrecorded in Plat Book 10, Page(s) 8, of the Public Records of Duval County, Florida -3r JA)41904973_1 69662.061657 EMF U3 $2949$56v1 Fax:2623010 OR BK 16964 RAGA 470 Nov 11 2014 12:24 P.05 ;E3chihi 93" . Permitted Encumbrances 1. Taxes and assessments far the year 2014 and subsequent years, which arg not yet due and payable 2. Restrictions, dcdioations, conditions, reservations, easements and other mattes show. onthe plat of PLAT OF SECTION NO. 1 SALTAIR, as recorded in Plat Book 10, Page(s) 8. 3. Easement for Drainage and Utilities recorded in Book 4513, Page 364 (Lots 805 and 806). 4. Matters which a current survey or careful inspection of the land and any improvements thereon would reveal, 5. Rights of tenants as identified on Exhibit "C" attached hereto putsuantto nnrecarded.leases, none of which contains a right of first refusal, right of first offer or any other Option to purchase the Property. -4- JAXl1904973_1 69062.1301657EW US 52949356v1 Fax: Zb23U1 U OR BK 16969 PAGE 471 Exhibit "C" Rent Roll 1. Barry Adeeb 2. Planet Pottery, Inc. 3. Charlotte RotwWdo 4. Min and Ryun Corp. 5. John L. Green, DVM 6. Shamrock Building *tennis -5- 3A7(11904973_1 6900.007657E14F US 52949356v1 Nov 11 2014 12:24 P.06 TENANT ESTOPPEL CERTIFICATE TO: Gate Petroleum Company Attn: Becky Hamilton 9540 San Jose Boulevard Jacksonville, FL 32257 Re:. Atlantic Palms (the "Premises") This estoppel certificate is delivered by the undersigned ("Tenant") to GATE PETROLEUM COMPANY ("Buyer") in connection with its contemplated purchase of certain real property located at 501 Atlantic Boulevard, Atlantic Beach, FL (the "Property") from LSREF2 BARON, LLC ("Landlord"). Tenant hereby certifies the following information on which Buyer may rely in connection with its purchase of the Property: 1. The undersigned is the tenant in possession of the Premises under a written lease with Landlord, dated June 1s`, 1997, (the "Lease") is in full force and effect and each provision of which is binding on Tenant in accordance with its terms. The Lease has not been modified or amended in writing or orally or by course of conduct, except as specifically set forth above, and contains the entire understanding and agreement between Tenant and Landlord concerning the Premises. A true, complete and accurate copy of the Lease is attached hereto as Exhibit A. 2. The Premises consist of approximately 1,900 gross square feet of space. 3. The term of the Lease commenced on June 151, 1997 and terminates on May 31st, 2017. 4. Current monthly base rent under the Lease is $18.50/SF/YR. Base rent has been paid through the period ending August 3151, 2014. The Lease provides for the monthly rent to increase as follows: $0.50 Annually. As of the date hereof, Tenant has no existing right to free rent, partial rent, rent rebate, credit for improvements, rent abatement, or other rental concessions or any right to payments from Landlord to Tenant except as follows: None. 5. The Lease requires Tenant to pay its pro rata share of increases in real estate taxes for the Property and appurtenant property. Tenant's pro rata share is 11.31%. For the calendar year 2014, Tenant is obligated to pay monthly estimated amounts for real estate tax and operating expense increases of $281.62, and has paid such estimates through the period ending August 3151, 2014. Tenant is owed no refund of real estate taxes or operating expense payments made for prior calendar years. 6. Tenant has no option to extend or to renew the term of the Lease, except as follows: None. 7. The Lease contains no right of first refusal or offer to lease additional space, option to expand, option to terminate the Lease, or right of first refusal or offer or option to purchase the Property or any interest therein, except as follows: None. DEF -000035 r� I Very truly yours, By: Name: Its: DEF -000037 PRESENT AND ASSENT MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA May 20,1997 7:00 P.M. CITY HALL Don Wolfson Robert Frohwein Pat Pillmore Mary Walker George Worley, II, CD Director Alan Jensen, Esquire Pat Hams Mark McGowan Sharette Simpkins Buzzy Grunthal Chairman Don Wolfson called the meeting to order and asked for approval of the r-% minutes of March 18,1997. On motion made and seconded the minutes were approved. The chairman called for approval of the minutes of April 15,1997. Mrs. Walker requested that with regard to the Application for Use -by -Exception by Affiliated American Inns III, Ltd., the minutes reflect the board's discussion that the proposed restaurant and lounge was to be used solely for the use of the guests of the hotel and not advertised for public use. The approval of April 15, 1997 minutes will be placed on the agenda for the next meeting. I. Application for Variance filed by Julius Montagne to allow an existing nonconforming structure (cabana) constructed In 1988 to remain on property located at 1550 Beach Avenue. Chip Blumstein, attorney for the applicant, introduced himself and explained that the applicants purchased the property in 1995. The cabana was constructed in 1988 by a previous owner without obtaining a permit and encroaches the side yard setback by 2.8 feet. He presented letters to the board from neighbors indicating their approval of the application. Neighbors Karen Bremer and Joann Morriseau introduced themselves and expressed their support for the applicants. The chairman recognized the court reporter who was present at the meeting and employed on behalf of the applicant. The chairman recognized Don Ford, Building Official for the City and requested his • r 1 summation of the situation. Mr. Ford stated that he met with the owner of the property In 1988 for a routine inspection of the property and discovered that no building permit was obtained for the cabana. He indicated that the Shondelmeyers who were the owners of the property stated that they would apply for the permit. He stated that subsequently he was transferred to the Public Works Department and the matter did not come to his attention again until approximately a month ago. r After discussion, Mrs. Pilimore moved to grant the variance as presented with the exception that the structure, if destroyed, be constructed pursuant to the appropriate setback requirements. Mr. Frohwein seconded the motion During further discussion it was the consensus of the board that the situation arose from a previous owner's error in not permitting the structure and the City not pursuing the matter. The board also noted that there was an undue hardship placed on the applicant who purchased the property in good faith and thereby assumed responsibility for the current situation. After further .discussion, the chairman offered a substitute motion to grant the variance as requested according to Section 24-85 but that it be an after -the -fact variance with the history of the Issue along with the court reporter's transcription be attached to these minutes. The motion was seconded by Mr. Frohwein and the variance was unanimously granted. II. Application for Variance filed by Lowell. G. Borah, Sr., to construct a screened porch addition that will encroach the rear yard setback at property located at 92 West Fifth Street. Mr. Borah introduced himself and stated that he and his wife recently had the residence constructed and desired to construct a screened porch onto the house that would encroach the rear yard setback. He stated that he was unaware of the setback requirement. He presented letters from neighbors supporting his request. He also presented pictures to the board of Doug's Towing Service located directly behind his property indicating construction encroaching the rear setback. After discussion, Mr. Frohwein moved to deny the request for variance. Mrs. Pillmore seconded the motion and the variance was unanimously denied. The chairman requested staff toinvestigate and report to the board at the next meeting the history of the encroachment of the structure located to the south of 9 2 West Fifth Street. 111. Application for Variance filed by Kent and Cindy Haines to enlarge a garage that will encroach the front yard setback at property located at 1958 Beachside Court. Mr. Haines introduced himself tothe board and stated that he desired to extend the r existing garage out in line with the front of the main part of the residence. Due to the curvature of the property line at a cul-de-sac, the proposed construction will encroach the front yard setback by three feet. The chairman informed the applicant that he couldwithdraw his request and reapply with a different plan for the board's consideration but if the board denied the variance it would be for a one year period before he could reapply. Mr. Haines declined to do so. After discussion, and the board determining that an alternative exists even though not as cost effective, Mr. Frohwein moved to deny the request. Mrs. Walker seconded the motion and the variance was unanimously denied. VI. Application for Use -by -Exception filed by Ted and Debra Jackrel to operate a distributorship office for paratransit vehicles at property located at 58 West 9th Street. Mr. Jackrel introduced himself and explained that he operates a distributorship of vehides designed for handicapped users. He stated that the business does not generally sell vehicles at retail but are stored on site and sold wholesale. The principal use of the property is to be office space for staff but a use -by -exception is required because of the sale of vehicles. He indicated that the property adjacent and due west is the location the completed vehicles will be stored prior to sale. Mr. Jackrel stated that approximately fifteen vehicles would be stored at the property and the area fenced in and no repair work would take place at the property. He stated that at present there are five employees which may increase to six or seven but the parking in the front of the building is adequate for their personal automobiles with six spaces being available. The chairman expressed concem regarding lighting and dust problems as well as hours of operation since the property is adjacent to residentially zoned property. The applicant expressed willingness to comply with requirements with regard to those issues. Mr. Worley explained thatthe applicant would be required to comply with appropriate zoning requirements including a wall or fence separating the residential property as well as lighting and landscape requirements. After discussion, Mr. Wolfson moved to recommend to the City Commission that the use -by -exception be approved subject to the following: 1. That there would be no lighting that would interfere with the residences immediately adjacent to the property; 2. The hours for conducting business would be from 8:00 a.m. to 6:00 p.m. on weekdays and Saturdays with no business conducted on Sundays. 3. There be a fence constructed that would not be offensive to the residents immediately adjacent to the property, i.e., a finished fence on the residents side. dust. 4. That the parking lot be completed allowing proper drainage and minimum 5. That there be no more than 20 vehicles stored on the property. Mrs. Fillmore seconded the motion. Mr. Frohwein moved to amend Mr. Wolfson's motion to include that the automobiles be stored in a fenced area and the use -by -exception be granted solely to the applicant. Mr. Wolfson further amended his motion and Mr. Frohwein's amendment to include removing the septic tank drain area, level the property and include in fenced area for storage purposes: Mrs. Walker seconded the amended motions and the board voted unanimously to recornmend approval of the use -by -exception. V. Application for. Variance filed by Carlos•Fraticelli and Barbara Robinson to construct a roof over an existing nonconforming deck at propertylocated at 230 Magnolia Street. Mr. Fraticelli introduced himself and stated that a screened deck was constructed in 1991 which encroached the side yard setback line. The enclosure was permitted in error with the encroachment showing on the approved drawings. He stated that he did not realize a problem existed until recently when applying for a permit to place a roof over the structure. Barbara Robinson, co-owner of the property, introduced herself and stated that it was not their desire to alter the structure but simply cover it with clear plastic. After discussion, Mr. Frohwein moved to grant the variance provided that the screened structure not be enclosed with walls in the future. Mrs. Fillmore seconded the motion and the variance was unanimously granted. VI. Application for Variance filed by Clinton Burbridge Into construct a 6 -foot fence on the west property line of 270 6th Street. Mr. Burbridge introduced himself and explained that his property is located on the southeast comer of East Coast Drive and Sixth Street and desires to construct a 6 -foot fence on the that portion of his property. He stated that there is extreme traffic noises at the location and presently has a 2 -foot fence. On comer lots the secondary street front setback is 15 feet thereby requiring fences within that area to be 4 feet or less in height. He presented pictures of the property to the board and stated there were other fences in the area which are in noncompliance. The Chairman mentioned various solutions including widening the road, y direction and speed bumps. He stated that if a variance was granted it would ate a dangerous line of sight situation at the intersection. He stated that the whole situation of traffic and solutions should be studied by the City. Mr. Frohwein suggested that the board review a traffic study that was recently compiled by the Public Safety Department. Chris List introduced herself to the board and stated she is a neighbor of the applicant and explained to the board the problems with noise she and other neighbors have been having in the area. The chairman stated that to alleviate the problem for all four citizens at the intersection it would take the construction of a six or eight foot fence at each property and that solution would create very hazardous traffic problems. After further discussion, and with the consent of the applicant, the board deferred action on the application until such a time as further review and study of the situation may be accomplished. Mr. Worley stated he would supply the members of the board with copies of the traffic study. Action was deferred until the July 1997 meeting. VII. Application for Variance Sled by Barry Adeeb to construct an addition to an existing nonconforming restaurant located at 501 Atlantic Boulevard. Mr. Adeeb addressed the board stating his desire to operate a breakfast restaurant and construct an addition to accommodate additional seating. The proposed addition will be constructed on the west side of the building and will not further encroach into the setback. He stated that the landlord is going to repave and restripe the parking lot to go along with the proposed renovation. Mr. Worley reminded the board that the application is requesting a variance to construct an addition to a nonconforming structure and the applicant would have to meet code requirements for seating, parking and landscape. Mrs. Walker voiced concern regarding the square footage and remodeling of 50% of the structure. After further discussion, Mrs: Walker moved to approve the variance to construct an existing nonconforming building subject to receiving the signature of the owner on the application. Mr. Frohwein seconded the motion and the variance was unanimously granted. Mr. Wolfson queried Mr. Worley the status of the progress of Kent Theatres in completing landscape work. He said they have had six months to complete the work and should be reported to Code Enforcement, The board directed that staff investigate and report at next month's meeting the setback encroachment behind Mr. Borah's property at 92 W. 9th Street as well as nonconforming six and eight foot fences constructed in the City. The board agreed to hold a special meeting in the conference room on June 17, 1997 at 6:00 p.m. to discuss the proposed amendments to the zoning code of ordinances. There being no further business to come before the board on motion made the • meeting waasadjoumed. aaoco SIGNED VY\ 4 - ATTESTLJ Uf Cl4 Q y; ! %Ai ZONING AND SUBDIVISION REGULATIONS § 24-161 (7) Hospitals, sanitariums and convalescent homes. One and one-half (11/2) spaces for each hospital bed; (8) Hotels and motels. One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc.; (9) Libraries and museums. One (1) space for each five hundred (500) square feet of gross floor area; (10) Manufacturing, warehousing and industrial uses. One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises; (11) Medical or dental clinic. One (1) space for each two hundred (200) square feet of gross floor area; (12) Mortuaries. One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees; (13) Marinas. One (1). space for each boat berth plus one (1) space for each two (2) employees; (14) Office and professional buildings. One (1) space for each four hundred (400) square feet of gross floor area; (15) Restaurants, cocktail lounges and/or other eating places. One (1) space for each two (2) seats; (16) Rooming and boardinghouses. One (1) space for each guest bedroom; (17) Schools and educational uses: a. Elementary and junior high schools. Two (2) spaces for each classroom, office and kitchen; b. S..nior high schools. Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools. One (1) space for each three hundred (300) square feet of gross floor area; (19) Day care centers. One and one-half (11) spaces for each employee; (20) Shopping centers. Four (4) spaces for each one thousand (1,000) square feet of gross leasable area. (h) Off-street loading spaces. Off-street loading spaces shall be provided and maintained for hospital, institutions, single occupancy commercial or industrial building, or similar use requiring the receipt or distribution by vehicles of materials and merchandise as follows: One (1) space for the first ten thousand (10,000) square feet of gross floor area and one (1) Supp. No. 6 1459 1:L* cTII • 2- 0: ' fR i0 REMAIN UNLOCKED NJFIIL; .SEA2fi121s3° NBR.: OF" SEATS_ The'SEATIN&FOOD;SERVICE(2010) - Naried,below IS LICENSED (, Uriderr the provisions of -Chapter 509 FS.- - Explratio`rr tlafe JU 1 20 NON- . TRANSFERABLE. ISSUED06103/2013 .SEQ# L1306030000155 -- DISPLAY AS REQUIRED BY LAW 103ZIH3N' asTm •3 4iaq 0 a{ea /00pino mau moy %NIJhIoa ;Ueine1Sai BUgsixa 9Noris''HrMj 43ZI�t�y zb roxl -.141OcJM hY><d MO re; i49PNlluciJ,G coNKONIM of W 4fl canogg -'riol1r i >wisUn 0409 9NU4 c ' #419NlU*bp Z Nt-aro11:I Nn 1219 uaga nj Bugstxa g.Ip' by 9VI 3'JIloy g J�xvilNr�sa -uuA wy�4 ib 06-0 w -a ISO "a 113M/. ' 41111- NI .pm LlLlxN )%NIN W tt JIV StrAcIA'11./X•lr 35 uoncppe Bugeas a Z7) rd n 42464c5 9NIN3XJ Nat I cat sv wxvsw -"Jalapa mai �vxxyxxy vim. <9nIJHM3) L 11100 X O la 10; doo m -,6 s .2 i4 ($0110111 M450 N..gN) no IV 9t P X26 rb 0 I4 PRESENT AND MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA May 20, 1997 7:00 P.M. CITY HALL Don Wolfson Robert Frohwein Pat Pillmore Mary Walker George Worley, II, CD Director Alan Jensen, Esquire Pat Harris ABSENT Mark McGowan Sharette Simpkins Buzzy Grunthal Chairman Don Wolfson called the meeting to order and asked for approval of the �-, minutes of March 18, 1997. On motion made and seconded the minutes were approved. The chairman called for approval of the minutes of April 15, 1997. Mrs. Walker requested that with regard to the Application for Use -by -Exception by Affiliated American Inns III, Ltd., the minutes reflectthe board's discussion that the proposed restaurant and lounge was to be used solely for the use of the guests of the hotel and not advertised for public use. The approval of April 15, 1997 minutes will be placed on the agenda for the next meeting. I. Application for Variance filed by Julius Montagne to allow an existing nonconforming structure (cabana) constructed in 1988 to remain on property located at 1550 Beach Avenue. Chip Blumstein, attorney for the applicant, introduced himself and explained that the applicants purchased the property in 1995. The cabana was constructed in 1988 by a previous owner without obtaining a permit and encroaches the side yard setback by 2.8 feet. He presented letters to the board from neighbors indicating their approval of the application. Neighbors Karen Bremer and Joann Morriseau introduced themselves and expressed their support for the applicants. The chairman recognized the court reporter who was present at the meeting and employed on behalf of the applicant. The chairman recognized Don Ford, Building Official for the City and requested his 15 dangerous line of sight situation at the intersection. He stated that the whole situation of traffic and solutions should be studied by the City. Mr. Frohwein suggested that the board review a traffic study that was recently compiled by the Public Safety Department. Chris List introduced herself to the board and stated she is a neighbor of the applicant and explained to the board the problems with noise she and other neighbors have been having in the area. The Chairman stated that to alleviate the problem for all four citizens at the intersection it would take the construction of a six or eight foot fence at each property and that solution would create very hazardous traffic problems. After further discussion; and with the consent of the applicant, the board deferred action on the application until such a time as further review and study of the situation may be accomplished. Mr. Worley stated he would supply the members of the board with copies of the traffic study. Action was deferred until the July 1997 meeting. CVIS Application for Variance filed by Barry Adeeb to construct an addition to an existing nonconforming restaurant located at 501 Atlantic Boulevard. Mr. Adeeb addressed the board stating his desire to operate a breakfast restaurant and construct an addition to accommodate additional seating. The proposed addition will be constructed on the west side of the building and will not further encroach into the setback. He stated that the landlord Is going to repave and restripe the parking lot to go (al :ng with the proposed renovation. Mr. Worley reminded the board that the application is requesting a variance to cstruct an addition to a nonconforming structure and the applicant would have to meet , e requirements for seating, parking and landscape. Mrs. Walker voiced concern regarding the square footage and remodeling of 50% of the structure. After further discussion, Mrs Walker moved to approve the variance to construct an existing nonconforming building subject to receiving the signature of the owner on the application. Mr. Frohwein seconded the motion and the variance was unanimously granted. Mr. Wolfson queried Mr. Worley the status of the progress of Kent Theatres in completing landscape work. He said they have had six months to complete the work and should be reported to Code Enforcement: The board directed that staff investigate and report at next month's meeting the DEPARTMENT'OF BUII4INa.,- CITYOF ATLANTIC BEAG:H -.: P•ERMIT INFQRMATION, - Permit Numbsr, „14126 Permit Type:COMMERCIAL Ciass.of Work ADDLTION Gonstr Tppe W00D FRAME Proposed-USe COMMERCIAL iyweliilags 0• Es`t Value: 0';.00 Improv 'Cost 45,0.0;0, 00 Total Fees 657 :04 Amount Pa l = 657.04 $.A".6/1997:.., ‘C.I,OCATIONc NFORMATION Addreas 501 ATLANTTC BOULEVARD`. ATLAt TIC BEACH _FLORIDA 32233 ;," LEGAL DESCRIPTIO$ -- Block": Lot. ,. Section 0,:::H•••;;Subd Rncug. 0 Subdi,pi s ion'; 1 ,. .'/, o,:9 .:.., :,fit. F,; ::1 <rl:st t ee orris ii'ri'it 1144,1'1.1h0 co;0" 1.1.t fi- ORMATIQ L CONT LAagE �:Iy L '.320.8 2, Exp;; APPLICATION FESS SIWATER -IMPACT FEE RADONa53 • 4D�lL' p:r S1CROSS ;CONNECTION �`2 CONST SURCHARQE, TORS INt(SCHARGE/ATL :,BCH --* : 20D NOTICE -ALL CONCRETE FORMS AND FOOTINGS MUST,BE'INSPECT.ED BEFORE POURIPIG; ' ?ERMIT VOID SIX MONTHS AFTER DATE OF ISSUE BUILDING MIATEAIARISM UBBAND DEBRISFRO.M,THIS WORK MUST N0T BE PL4CEg IN PUBLIC,5PA ,C14:EARSPl UP AND HAULED AWAY eV EITHER CONTRACTOR. QR OWNER;` 1 • ISSOED ACPORDINQ TO APPROVEb N PLANS WHICH ARE FART OF THIS PERMIT,AND SUBJECT TO REV0CATION VIOLATIOOF,APPLICABLE PRQVISIONS OF, LAW; „• Operators CNERTLE , : : -.:. .." - . DitOe k716l97 9l . ''{Iecelat"1 Total'Payient CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD -ATLANTIC BEACH, FLORIDA 32233 APPLICATION FOR V NEW LICENSE TRANSFER OF AN OCCUPATIONAL LICENSE TO CONDUCT THE FOL OWING BUSINESS: (Check one) BUSINESS. NAME c-i4C / SMP( BUSINESS LOCATION r(9 ( 4-4 (1-k•ke (l LQ SQUARE FOOTAGE OF BUSINESS PREMISES 0s Th (INCLUDE BOTH BUILDINGS & OUTSIDE AREA USED IK CONJUNCTION WISH nib BiSINF<C. BUT NOIVARFAS USED FOR PATFOX PARKING) MAILING ADDRESS ("CD( 4 441. 41 L - ( o<4 / / EXPLAIN FULLY THE NATURE OF THE BUSINESS rile luttAiC't', 'i7cr+ '1 L Ls uL f.tSG-pk - btrz.(. e.-' LcOeica - (eater- 3 P DAA DO YOU' HAVE/ OR WILL YOU HAVE, ANY VENDING MACHINES ON THESE / PREMISES? tl�o (VENDING MACHINED INCLUDE AMUSEMENT/CAKE MACHINED. POOL/BILLIARD TABLES, ELECTRONIC MUSIC KACI{INE AND ANY COIN OPERATED MACHINE WHICH DISPENSES A PRODUCT OR SERVICE) IF YES, PLEASE INDICATE NUMBER AND TYPE OF MACHINES OWNER/PRINCIPAL OFFICER -LA4A/ 4:194-0 HOME ADDRESS a';(t0Rpaicehg0'Ado ez. Trtio 1 / t i14I4`)-h"'i_-s. 3 '37' BUSINESS PHONE tof0o HOME PHONE aLc7.23,2,-7 tit ict, FEDERAL EMPLOYER ID = 51-3(Ecto /G•g, OR S.S #citta STATE LICENSE/CERTIFICATION/REGISTRATION #(If applicable) (Attach copy) I. THE UNDERSIGNED. SWEAR OR AFFIRM TINT 111E ABOVE STA1 KltEM1IJ ARE TRUE AND CORRECT AND I AGREE TO NOTIFY THE CITY CLERK IF THERE IS ANY CHANGE IN TIE ABOVE INFORMATION_ DATE OF BIRTH SEX )j DRIVERS LICENSE # (Attach copy) I FURTHER UNDERSTAND TEAT ISSUANCE OFA LICENSE EY THE CITY CLERIC IN WO WAY RELIEVES KE OF THE RESPONSIBILITY FOR COMLIBRCEIVITE ALL PROVISIONS OF THE CODE OF ORDINANCES PERTAINING TO CONDUCTING A BUSINESS IN TEE CITY OF X IC BEA®_ c ---P Title ghp7 ate 4 AdeeL Prjint Name NOTE: NO PERSON, FIRM, OR CORPORATIONSHALL ENGAGE IN OR MANAGE ANY TRADE, BUSINESS, PROFESSION, OR OCCUPATION. IN ATLANTIC BEACH WITHOUT FIRST OBTAINING A LICENSE AND PAYING AN ANNUAL FEE_ APPLICATION. AND/OR PAYMENT DOES NOT CONSTITUTE APPROVAL OR ISSUANCE OF A LICENSE. ALL OCCUPATIONAL LICENSES EXPIRE SEPTEMBER 30 OF EACH YEAR 1