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APPLICATION COMP19-0003 14051 Atlantic Blvd (Bridge Tenders)
SMALL CCA][iFI-JM AMENDM CCC JJOHNSTON ISLAND May 3, 2019 Table of Contents -Appp.Ilca tion Cover =Lega Desatotil©n -Map of FUN= Change ®Statement -Proof of Ownero ip/ i Merest in Property -Agent Authoh°i tk FUTURE LAND USE MAP (FLUM) AMENDMENT City of Atlantic Beach Community Development Department 800 Seminole Road Atlantic Beach, FL 32233 (P) 904-247-5800 SITE INFORMATION ADDRESS 14051 Atlantic Blvd CITY Atlantic Beach SUBDIVISION RE# 172391 0000 PARCEL SIZE 3.69 BLOCK # FOR INTERNAL OFFICE USE ONLY FILE # &/t ( -0003 SMALL SCALE DEVELOPMENT STATE FI ZIP CODE 32225 CURRENT FLUM DESIGNATION Residential Low Density/Commercial LOT # TOTAL ACREAGE 3.5 PROPOSED FLUM DESIGNATION Commercial/Open Space and Recreation, APPLICANT INFORMATION NAME CLDB Land II, LLC l �� I MAY _ 3 2019 ADDRESS 501 Riverside Avenue, Suite 901 CITY Jacksonville EMAIL zach_miller@bellsouth.net ZONING CODE PUD FLOOD ZONE VE PHONE # (904) 396-5731 CELL # (904) 651-8958 STATE FI ZIP CODE 32202 fl OWNER OX LEGAL AUTHORIZED AGENT REQUEST FOR FUTURE LAND USE MAP (FLUM) AMENDMENT: Applicants are advised that approval of an amendment to the Future Land Use Map does not constitute approval for issuance of any permit or Development Order. Use and development lands related to this land use map amendment, if approved, and any zoning change shall be subject to compliance with all applicable local Land Development Regulations, any State and Federal permitting requirements as well as Florida Building Code requirements for Category "C" construction. PROVIDE ALL OF THE FOLLOWING INFORMATION DESCRIPTION OF PROPOSED USE AND PROPOSED DEVELOPMENT ACTIVITY (ALSO INCLUDE ANTICIPATED DEVELOPMENT AND ANY PHASING SCHEDULE). The applicant is proposing to revise the existing PUD to allow for two restaurants, as well as, open space and recreation NUMBER OF WETLAND ACRES 0 IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS, ANY LISTED OR ENDANGERED SPECIES OR HABITATS. None IDENTIFY ALL PUBLIC AND PRIVATE SERVICE PROVIDERS OF WATER, SEWER AND SOLID WASTE DEMAND. WATER, SEWER, ELECTRIC, SOLID WASTE, ETC. PROVIDE ESTIMATES OF Water = Onsite Potable Well, Sewer = City of Atlantic Beach, Electric Water/Sewer = 8,000 Gallons Per Day Waste = 4 yards per day = JEA, Solid Waste = City of Atlantic Beach IDENTIFY ANY OTHER ENVIRONMENTALLY SENSITIVE LANDS, ANY LISTED OR ENDANGERED SPECIES OR HABITATS. None 22 FUTURE LAND USE AMENDMENT -SMALL 03.01.2018 ESTIMATED IMPACT TO ADOPTED LEVEL OF SERVICE STANDARDS AS ESTABLISHED BY THE CAPITAL IMPROVEMENTS ELEMENT OF THE EFFECTIVE COMPREHENSIVE PLAN. This proposed amendment will not have a negative impact on the level of service standards. APPLICATION PACKAGE CHECKLIST *Additional information may be required, depending upon circumstances unique to individual applications 1. COVER PAGE: Identifying the project. 2. TABLE OF CONTENTS: Include a list of all exhibits and attachments. 3. STATEMENT: Statement addressing need and justification for requested amendment. 4. APPLICATION: This form completed in it's entirety. 5. LIST OF ADJACENT PROPERTY OWNERS AND ENVELOPES: A list of adjacent property owners within 300 feet of the property including name, mailing address and their real estate number (located at the Property Appraiser's recent certified tax rolls). Include a legal size envelope addressed to each property owner on the list (do not include a return address). Each envelope must contain proper postage. The order of the envelopes must match the order in which the names appear on the list. 6. PROOF OF OWNERSHIP: Deed or certificate by lawyer or abstract or title company that verifies record owner as above. 7. LETTER OF AUTHORIZATION: If the applicant is not the owner provide a letter of authorization from the owner(s) for applicant to represent the owner(s) for all purposes related to this application. 8. SURVEY AND LEGAL DESCRIPTION: Current survey and legal description of property sought to be rezoned. 9. LOCATION MAP: General location map with property subject to application clearly identified. 10. SITE PLAN: Site plan containing the following if applicable to the proposed project (account for all land included). • Number and types of dwelling units • Type and square feet of commercial or industrial uses • Any existing structures and proposed use • Any open space, buffers and recreational areas • Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive Lands • Most recent aerial photograph of site and surrounding lands • Drainage and storm water facilities and other infrastructure, including ingress and egress, internal access and roadways 11. REQUIRED NUMBER OF COPIES: Eight (8) copies 12. APPLICATION FEE: $250.00 I HEREBY CE LL INFORMATION PROVIDED I5 CORRECT: Signature of Property Owner(s) or Authorize. Ag nt SIGNATURE OF APPLICANT SIGNATURE OF APPLICANT (2) Signed and sworn before me on this day of airvi&-f-; to- NittAA- Identification verified: C1tr4j 4)k4s IB PRINT OR TYPE NAME PRINT OR TYPE NAME DATE DATE , I I by State ofrte/Vi UiU Oath Sworn: ❑ Yes ❑ No 1t�Y PUBIi y4, 4'or v.09- 22 FUTURE LAND USE AMENDMENT -SMALL 03.01.2018 CHELSEA WHITE Commission # GG 260169 Expires June 13, 2021 Notary Signature Bondod Pau Budgol N' tory Sorvlrm County of DMAZAe. My Commission expires LU -0-.9-1 LEGAL DESCRI? ' ION Exhibit "A' Tract 1: That part of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine (29) East, lying North of the One hundred (100) foot right of way of Atlantic Boulevard and lying East of unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and lying South of unsurveyed fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred (500) foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14 page 70, of the current public records of Duval County, Florida, Subject However, to the Easement of the United States of America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257, said public records, and shown on a map recorded in Plat Book 14 page 70, said public records. Subject further however, to the interest of the United States of America as set forth in instruments recorded in Deed Books 698 at pages 421. 424, 427, 437, 440, 444, 448 said public records, and by instrument recorded in Deed Book 809 page 167, said public records. Tract 2; Section Twenty-four (24), Township 2 South, Range 28 East, Tying east of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and bounds as follows: Commencing at the point where the eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, south of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of same now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning; Subject to Easement for the Canal and the right of way of Atlantic Boulevard as now located MAP OF MI C ANG _cM \14S 67007 80 11 SCALE FEET INTRACOA5TAL WATERWAY APPROXIMATE MEAN HIGH ( WATER LINE / EASTERLY LINE OF INTRAMASTAL WATERWAY OPEN SPACE AND RECREATION 1.1 ACRES FUTURE LANDUSE OPEN SPACE --- AND RECREATION COMMERCIAL 16141 COMMERaAL E 2.4 ACRES PER D.D.T. R/N MAPS N'LY R/W PER D.O.T. R/W MAPS ATLANTIC BOULEVARD / SR 10 BY-PASS CI-IANNEL CORNER KEY FUTURE LAND USE MAP Kimley»Horn E m 0 0 n 80 11 SCALE FEET INTRACOASTAL WATERWAY APPROXIMATE MEAN HIGH WATER UNE —\\7 EASTERLY UNE OF /NTRACOASTAL WATERWAY FUTURE LANDUSE OPEN SPACE AND RECREATION COMMERCIAL OPEN SPACE AND RECREATION 1.1 ACRES COMMERaAL 2.4 ACRES N'LY R/W PER D.O.T. RAY MAPS 2 ® 91•1/MM=N22.1••••1 BY-PASS CHANNEL N'LY R/W PER D.O.T. RAY MAPS ATLANTIC BOULEVARD / SR 10 CORNER KEY FUTURE LAND USE MAP Kimley»Horn STATEMENT Consistency with Adopted Future Land Use Element Objective A.1.1: The proposed redevelopment project shall embody a healthy and attractive physical environment that reflects the values, vision, and character of the citizens of Atlantic Beach. Redeveloping Johnston Island shall eliminate the existing blight and deleterious conditions that characterize the property. The property is currently inundated by very strong currents and boat wake that are accelerating the erosion of Johnston Island. The proposed amendment to the Future Land Use Map is in keeping with the ideals espoused in Goal 1 and fosters a high-quality land use pattern that maximizes the land in a compact development form that will eliminate blight, preserve natural resources, and encourage an attractive built environment. Policy A.1.1.1: The proposed redevelopment shall greatly improve the physical characteristics of Atlantic Beach. The City does not contain anything like what is proposed by the Applicant. The project design includes required open space and recreational uses. Policy A.1.1.7. A.1.1.5 and E.1.1: Preserved open space support this policy as they shall prevent redevelopment activities from adversely affecting sensitive environmental areas. All permitting requirements from the St. Johns River Water Management District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers shall be adhered to during commencement of redevelopment. Policy 1.1.3: The proposal's PUD rezoning application stipulates efficient and adequate stormwater collection and management measures shall be reflected in the project's design. All standards and requirements of the City of Atlantic Beach, St. Johns River Water Management District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers shall be met or exceeded to ensure the provisions of effective stormwater management. Policy A.1.4.1: A search of the Florida Master Site File did not identify any archaeological or historic resources on Johnston Island. While not documented as a historic structure, the structure located on the southwest portion of the property shall be offered to a local historic preservation advocacy group. The City encourages such preservation. Johnston Island PUD Small Scale FLUM Amendment 05/03/19 Objective A.1.5: The proposed amendment shall allow for a development that eliminates blighting influences that have a deleterious effect on the City. The proposed redevelopment project will result in a stable neighborhood where City utilities and facilities can be efficiently utilized. The open space, signage, intemal circulation, and parking requirements are in keeping with the City's regulations regarding same. These regulations shall allow the effect of avoiding unsafe conditions that would threaten the public health, safety and welfare. Policy A.1.1.2 The subject property of this amendment is an isolated island nearly a mile away from any Atlantic Beach residence. It is not located close enough to adversely impact adjacent jurisdictions or regional service providers and agencies. This unique location within the city limits offers an opportunity not available to land on the mainland. The property is directly adjacent to the primary hurricane evacuation route, Atlantic Boulevard. This plan amendment is a vehicle to promote the various goals, objectives and policies in the Future Land Use Element. The property was annexed into the City and inadvertently classified as Conservation, lumped in with all of the tidal marshlands that were included in the same annexation. The property was subsequently changed to residential and commercial The property's existing conditions reflect a disturbed, neglected, developed island containing debris and other refuse. Policy A.1.3.2: The companion PUD rezoning application contains provisions for landscaping and other buffering methods within the project. The result shall prevent inappropriate land uses relationships, obscure noise transmission, screen unattractive views, and enhance the aesthetic qualities found in the City. The Applicant met with City Staff to discuss the potential redevelopment project and was informed that utilities can be located and designed to provide the most cost-effective service to the project. Policy A.1.3.1: The commercial development proposed will not have adverse impacts on surrounding neighbors. Policy A.1.5.6: The commercial development proposed is designed to minimize adverse effects on residential areas, traffic, facilities and the aesthetics of the City. Policy A.1.5.9: The commercial development will comply with the floor to area ratios and impervious standards set forth in the comprehensive plan. Policy E.1.1.3: The amendment encourages sharing of recreation and open space facilities. Policy E.1.1.7 - The amendment and companion PUD promotes new recreational and park facilities. Policy E.1.2.1 - The amendment allows for participation of private recreational program. Objective E.I.3 - The amendment ensures and open and recreational space is provided in conjunction with private development. Johnston Island PUD Small Scale FLUM Amendment 5/03/19 0 OOF OF OWNERSHIP Prepared By/Record and Return To: Robert 0. Mickler, Esquire Rogers Towers, P.A. 1301 Riverplace Blvd., Suite 1500 Jacksonville, Florida 32207 5 MIN. RETURN PHONE �1( WARRANTY DEED Dora 2003359377 Book: 11451 Pa�es:1667 — 1670 Filed JIN1%/2003 Oi:00-9 :01 PN CLERR DOA COUNTY rr CONT RECORDTRUST Ilf6DEED f � 17.00 $ 2.50 Doc now s 2, 450. �p Book 11451 Page 1667 { THIS DEED is made this October 24 , 2003, by and between JOHNSTON I AND, LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gr ham, Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a Florida limited liability company, whose address is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the "Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are reby acknowledged, has granted, bargained, sold, and conveyed and by these presents does reby grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all o the Grantor's undivided one-half interest in and to those certain lands being in Duval County, Florida, described on Exhibit "A" attached hereto and by this reference made a part hereof. Real Estate Parcel Number: 172391-0000. TO HAZWAND TO HOLD the same, together with the hereditaments and appurtenances thereunto belongiis r,.in anywise appertaining, subject to the Permitted Encumbrances more particularly described xxhibiit "B" attached hereto and by this reference made a part hereof. Except as set forth in the'PeRgttekEncumbrances, Grantor does hereby bind itself and its successors to warrant and fortrtilifend the title to said premises unto the Grantee against all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year above written. Witnesses: Name: AYarr 4 S. 1l/ussbaWM Name: 1/4 L.L.1 N3v144Auh JOHNSTON ISLAND, LC, a F • 'da limited liability co pan By: Name: William H. Jo Its:O• Book 11451 Page 1668 STATE OF r 4h A.% COUNTY OF 'Qth(P . The foregoing instrument was acknowledged before me this Ll day of October, 2003, by William 11. Johnston, the O#ui41 ( of Johnston Island, LC, a Florida limited, liability company,-onbehalf of the conippany�(check one) is D personally known to me or has produced 04Efir<io tliugo: 1-/t6, JSE as identification. L 3AX\703701 2 Notary Public, State and County aforesaid Name: -2- (Notarial Seal) Book 11451 Page 1669 Exhibit "A" Tract 1: That part of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine (29) East, lying North of the One hundred (100) foot right of way of Atlantic Boulevard and lying East of unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and lying South of unsurveyed fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29) East, and tying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred (500) foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14 page 70, of the current public records of Duval County, Florida. Subject However, to the Easement of the United States of America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257, said public records, and shown on a map recorded in Plat Book 14 page 70, said public records. Subject further however, to the interest of the United States of America as set forth in instruments recorded in Deed Books 698 at pages 421. 424, 427, 437, 440, 444, 448 said public records, and by instrument recorded in Deed Book 809 page 167, said public records. Tract 2; Section Twenty-four (24), Township 2 South, Range 28 East, lying east of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and bounds as follows: Commencing at the point where the eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, south of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of same now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning; Subject to Easement for the Canal and the right of way of Atlantic Boulevard as now located Exhibit "B" Permitted Encumbrances 1. Taxes and assessments for the year 2003 and subsequent years, and taxes and assessments levied and/or assessed subsequent to the date hereof. 2. The nature or extent of any submerged land included within the land described in Exhibit "A". 3. Any and all rights of the United States of America over any lands now or formerly lying under navigable waters, arising by reason of the authority of the United States of America to control navigable waters in the interest of navigation and commerce, and any conditions contained in any permit authorizing the filling in of such areas. 4. Any claim that any part of said land is owned by the State of Florida by right of sovereignty and riparian rights, if any. 5. Easement to the United States of America in and to the 500 foot right of way of the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records of Duval County, Florida. 6. Rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegetation, bluff, extreme high water line, or other apparent boundary Iine separating the publicly used area from the upland private area. 7. The interest of the United States of America as set forth in instrument recorded in Deed Book 698, page 437, Deed ,Book 809, page 167 and Deed Book 874, page 237, of the current public records of Duval County, Florida. 8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page 417, of the current public records of Duval County, Florida. 9. General Permit to Southern Bell Telephone and Telegraph Company recorded in Deed Book 1354, page 74, of the current public records of Duval County, Florida. 10. Any Part of caption in the Right of Way of Atlantic Boulevard. 11. Rights of tenants in possession, as tenants only, under any unrecorded leases. JAX\703701 _2 -4- Prepared By/Record and Return To: Robert 0. Mickler, Esquire Rapers Towers, P.A. 1301 Riverplace Blvd., Suite 1500 Jacksonville, Florida 32207 5 MIN. RETURN 11 PHONE # ?003359376 Roakr 11451 PpsFiled �& Worded 1664 — 10/31/2003 1666 JIIE RRua OJr00:01 PR CLUIR CIRCUIT COURT 11101. MORON $ 13.00 TRUST RIO $ 00 DEED DOC AIP $ 3,150.00 Book 11451 Pages 1664 WARRANTY DEED THIS DEED is made this October 23, 2003, by and between LAURA LEE JOHNSTON PERJUNS, an unmarried woman conveying non -homestead real estate, whose address is 111 West Force Street, Valdosta, Georgia 31602 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a Florida limited liability company, whose address is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the "Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed and by these presents does hereby grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the Grantor's undivided one-half interest in and to those certain lands lying and being in Nuva1 County, Florida, which are described on Exhibit "A" attached hereto and by this reference are made a part hereof (the "Land"). Real Estate Parcel Number: 172391-0000. TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances thereunto belonging or in anywise appertaining, subject to the following permitted encumbrances (the "Permitted Encumbrances"): 1. Taxes and assessments for the year 2002 and taxes and assessments levied an or assessed subsequent to the date hereof; 2. Easements, covenants, conditions, restrictions, and reservations of record, if any; 3. That certain Mortgage to Secure Present and Future Advances in favor of Thomas Dumas, dated October 29, 2002 and recorded in Official Records Book 10752, page 2371f the current public records of Duval County, Florida; and 4. That certain Notice and Acknowledgement of Retained Interest in favor of ., Pelican Creek Boatyard, Inc., a Florida corporation, and Allen C.D. Scott, III, dated August 14, 1996 and recorded in Official Records Book 8428, page 1135 of the current public records of Duval County, Florida. JAX\703989_2 ice..... 0-) nook R5145Il Pngm AGC Except as set forth in the Permitted Encumbrances, Grantor does hereby bind herself and her successors to warrant and forever defend the title to the Land unto the Grantee against all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year above written. Name: T,A/ S. Stem/ 11 AURA ,EE JOHNSTON PEREONS STATE OF GEORGIA COUNTY OF The foregoing instrument was acknowledged before me thi day of October, 2003, by Laura Lee Johnston Perkins. She (check one) is ersonally known to me or El has produced as identification. 1MX17035%9 2 Notary P ic, State a d ounty aforesaid Name: (Notarial Seal) 4:0:..4.:. '''''''''''''''''''''''''''' r. e ' EXPIRES ? 4.rr !I Y FEB.22,2007 ; it Exhibit "A" Legal Description Tract l: That pari of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine (29) East, lying North of the One hundred (100) foot right of way of Atlantic Boulevard and lying East of the unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and lying South of the unsurveyed fractional Section Eighteen (l8), Township Two (2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) fee Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred (500) foot right of way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14, Page 70, of the current public records of Duval County, Florida. Tract 2: A11 of the unsurveyed fractional Section Twenty-four (24), Township 2 South, Range 28 East, lying East of the center of the Intracoastal Canal as the waters in the same now flow; said parcel of land being also described by metes and bounds as follows: Commencing as a Point of Beginning at the point where the Eastern boundary of said Section 24, Township 2, Range 28 East, intersects the Northern boundary of said Section 24, running thence South to a point 200 feet, more or less, South of Atlantic Boulevard where said Eastern boundary of Section 24 intersects the center line of the Intracoastal Canal as the water in the same now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of the sante now flow to where said center line intersects the Northerly boundary of said Section 24, thence East along the Northerly boundary of said Section 24 to the Point of Beginning. JAX17039II9 2 -3- PURCHASEAND SALE VACANT LAND REEMOSIT RECEIPT COPYRIGHTED BY AND SUGGESTED EFORAUSED BY HE MEMBERS OF THE NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC. CLOG LAND Ii AND/OR ASSIGNS 3 .n govemmant slued photo ID end marital status) and OWNERO RECORtj"d dual{e),name(a) as reflected 4 s e.. 1) 11 FRS i 5 as reflects on sed or government-Issu = . p oto D and marital a (`SELLER'),(nam s 6 and Include the successors, personal representethres end assigns of BUYER and ELLER, be singular or plural 7 SELLER will Bell and BUYER will buy the following described roeImprovements fryagree that 8 upon the following terms and conditions and as completed or marked In e y cnict of terms or con itd conditions, that 9 which Is added will supersede that which Is printed or marked. 10 PROPERTY DESCRIPTION: 11 (a)Street address, clty, zip code: SEE EXHIBITA 12 (b) The Property is located in D.WAL County, Florida, Property 13 (c) Legal description of the Real Property (if lengthy , attach legal description): ID No:,i72391-0000.& 180877-0100 14 15 16 The Property will be conveyed by statutory general warranty deed, trustee's, personal 17 guardian's deed as appropriate to the status of SELLER (unless otherwise required herein) subject representative's 18 taxes, existing zoning, recorded restrictive covenants governing the Property, and easements of record which do 19 not adversely affect marketable title. Under Florida taw financing of the BUYER's principal residence 20 requires BUYER and BUYER's spouse to sign the mortgage(s). Under Florida law the sale of a principal 21 residence requires SELLER'S spouse to sign the deed even if the spouse's name Is not on SELLER's 22 present deed, 23 1. PURCHASE PRICE to be paid by BUYER Is payable as follows: 24 23 (A) Binder deposit paid herewith, which will remain a binder until closing 26 unless sooner disbursed according to the provisions of this (0) Binder deposit due within 5 Agreement 27 days after er date of acceptance of this 28 29 (C) Additional binder deposit due on or before AT THE END OF DUE DILIGENCE days after date of acceptance of this'A or 30 (D) Balance due et closing (not including BUYER'S closing costs, p paid 31 32 ftems or prorations) by wire transfer or, if allowed by settlement agent, 33 by cashier's or official check drawn on a United States banking Institution 34 35 (E) Proceeds of a note and mortgage to be executed by BUYER to any $ 36 tender other than SELLER (base loan amount excluding financed closing costs) $_ _tont 37 38 (F) Seller financing by note and mortgage executed by BUYER to SELLER 39 (Requires use of Seller Financing Addendum) (G) PURCHASE PRiCE $ $ 4041 (H) CJPurchaee Price Based on Units (Complete only if Purchase Price will be based on lasts o a fixed sales p ce). The unit used to determine the Purchase Price Is per unit price 42 ❑ Acre 43 ❑ Square foot 44 ❑ Other (specify 45 areas of teas than a fu I unit. The Purchase Price will be $ 46 et Goring based on a calculeticn of the units of the pro per unit and adjusted 47 Florida -licensed surveyor In accordance with Pa as ce is g ed to B YER and SELLER by a 48 end other areas within the Property will be excluded from the calculatio of Units: following rights o1 way 49 prorating 50 51 52 53 54 VL Page 1of10 55 Binder deposit to be held by: 56 Name: DUANE ROMANELLO ESQ. 57 Address: 1919 BLANDING BLVD JACKSONVILLE, FL 32218 58 Phone: 91)4-384-1441 Fax; E-malL 59 Mote: In the ®vigil of a dispute between BUYER end SELLER regarding entitlement to the binder 60 deposit(s) held by an attorney or title Insurand agency, broker's resolution remedies referenced 61 In paragraph 12(A) hereof are not available. 62 2. FINANCING INFORMATION: BUYER intends to finance this transaction as follows: 63 i cash transaction 64 m loan without financing contingency 65 ❑ loan with financing contingency. Loan Approval 0 Is 0 Is not conditioned upon the closing of the sate 66 of other real property owned by BUYER. if neither box Is marked than Loan Approval is not conditioned 67 upon the closing of the sale of other real property 68 0 seller financing (11 marked see applicable LLEFINANCIy NG ADDENDUM attached hereto and 69 made a part hereof). 70 71 APPLICATION: Within days (6 days if left blank) after date of acceptance of this Agreement, BUYER will complete the application process for mart 72 BUYER will timely furnish any and all emelt, employment financalea d nd o her informatilender for ondr�equliredt (by 73 74 lender, and make a continuing end diligent effort to obtain loan approval, BUYER will pay for the 75 appraisal at the earliest date alloWert by law and will Instruct the lender to order the appraisal 76 within 3 days after time of ottcb payment; otherwise, BUYER Is in default, BUYER hereby 77 authorizes BUYER's lender to disclose information regarding the status, loan application and loan approval to SELLER, SELLER's attorney, Brokerr((s) lo this transaand ction, of 78 the closing ettomey/settlement 798 agent BUYER and SELLER hereby linear authorize BUYER's C�nndee and the closing attomeylsettiament agent to provide a copy of the combined settlement 80 81 otatement and the BUYER and SELLER Closing Disclosures to Broker(a) to this transaction when provided to BUYER and SELLER, both before end at closing (consummation), 82 83 Unless the mortgage loan Is approved within days (45 days If left blank) after date of acceptance 84 of this Agreement, hereinafter called Loan Approval Period, without contingencies other than lender - required repairs/replacements/treatments, marketable title and survey. BUYER shall have 6 days 06 thereafter to terminate this Agreement by written notice to the SELLER, or be deemed to have 86 waived the financing contingency. 87 88 89 90 If BUhave ihe YER does not terminate this Agreement within said 5 day period, neither BUYER nor SELLER eement under refundable able because of BUYER's failureht to terminate this a o obtain financings paragraph, nd h s Agreement shall the binder co tinuepet il not be through date of closing. 91 3. TITLE EXAMINATION AND DATE OF CLOSING: 92 (A) if title evidence and survey, as specified below, show SELLER is vested with marketable litre, including legal access, the transaction will be closed and the deed and other closi on or before ❑ng days (15 days if left blank) after the Loan papers delivered C \ 0 (specific date), or Q) 9p Approval Period,;; Agreement, unless extended by other conditions of this Agreement. ns ter date of acceptance of this !� Marketable title means title which a Florida title Insurer will insure as marketable at IIs regular rates 98 and subject only to matters to be cured at closing end the usual exceptions such as survey, current 100 taxes, zoning ordinances, covenants, restrictions, end easements of record which do not adversely 101 affect marketable title. From the date of acceptance of this Agreement through closing, SELLER will not take or allow any action to be taken that alters or changes the status of tide to the Property. 102 (B) Extension of Date of Closing: 103 104 If closing cannot occur by the date of closing due to Consumer Financial Protection Bureau (CFPS) 106 delivery requirements, the date of closing shall be extended for the period necessary to satisfy CFPer 107 delivery requirements, not to exceed 10 days. 107 If extrema weather or other condition or event constituting acts of God causes (I) disruption of services essential to the closing 1 fl8 closing, the date of closing will be extendeocess ord or up tounavail6 days aftof er restoorrattiorod oir wind i services essential to 109 the closing process and availabilityof appifeable insurance. If (I) or (0) continues for m titan 30 VL Page 2of40 110 111 days beyond the date of closing, BUYER or SELLER may terminate this Agreement by delivering written notice to the other party. 112 113 If tide evidence or survey reveals any defects which render the title unmarketable, or if the Property is not in compliance with governmental regulatlonafpemifft►ng, BUYER or closing 114 from receipt of title commitment, survey or written evidence of anyiagent pwinermitting/regulatory have regulation5 days 115 Issue to notify SELLER of such defects. SELLER agrees to use rasonaablle dihligence tp cure eurh 116 117 defects at SELLER% expense and will have 30 days to do so, In whlch event this transaction will be 118 closed within 10 days after delivery to BUYER of evidence that such defects have been cured but not 119 sooner than the date of closing. SELLER agrees to pay for and discharge alt due and delinquent 120 taxes, liens and other monetaryencumbrances, Unless otherwise areed In w. If unable to convey marketable titlor to cure permittingfregulatory issuesll , BUYER rwilllhhave the rightht to is 121 terminate this Agreement, or to a 122 transaction upon the terms stat d herein,the Pw lc election was ill beR is aexeblewised witthin�1 dayto s after 123 BUYER'S receipt of SELLER'S written notice of SELLER'S inability to cure. tk124 4. TiTLE EVIDENCE: Mark to des' nate the party responsible to provide tide commitment 1 ®SELLER L . .rovide: Within Agreement;. S LER will deliver' BUYER a itle n urance mm0 d if left ftme�r .elof acceptance of lids 127 mount of t Purchase Price, tan owner's policy In the 12B .,'' her with legible ..les of all Schedule title exceptions. Subject to 129 aragraph ) abov;, any expe of curio tide de cls such as but not of liens a o g fees will , : paid by SELLE 1 • ue : d as, . , ed to, I nevide (yi feesdischarge 13tr ji expense) or prior to cloning- sl news title nau _ ' - also .rovBUYER'S mmftmen for a mortgage policy.. BUYER to obtain: During the Inspection Period BUYER shall obtain and deliver a copy to SELLER: 133 Title Insurance commitment for en owners poffcy In the amount of the Purchase Price, together with 134 legible copies of all Schedule B 1 requirements and B-11 exceptions and/or 0 rile Insurance commlment 135 for mortgage policy In the amount of the new mortgage together with legible copies of all Schedule 8-1 136 requirements and B-11 exceptions, Subject to paragraph 11(6) below, any expense of owing title defects 137 such as, but not limned to, legal fees, discharge of liens and recording fees will be pald by SELLER. From 138 date of acceptance of this Agreement to @losing, SELLER will not take or allow any action to be taken that alters or changes the status of tide to the Property. 139 5. SURVEY: Mark to desi nate the ad res onsfble to rovide su 140 S SELLER to rovide: Within days (20 days if left blank) after date of acceptance of this Agreement, 142 w 1 delver to BUYER A new staked boundary survey of the Property dated within 3 months 143 of closing showing all Improvements, certified to SELLER, BUYER, lender and the title insurer. ❑A copy 144 of a previously made survey of the Property showing all existing im rovements and sufficient to allow 145 removal of the survey exceptions from the title insurance commitment. 1]No survey is required. If a surveyor's flood elevation certificate Is requtrad, BUYER shall pay for It. 146 147 0 BUYER to obtain: During the Inspection Period BUYER may obtain and, if obtained, shall deliver a 148 copy to SELLER, a new staked survey of the Property dated within 3 months of closing showing all 149 improvements, certified to SELLER, BUYER, lender, and the title insurer. Upon receipt of the title 150 Insurance commitment, the party providing the boundary survey shall provide a copy of the title Insurance 151 commitment together with all Schedule 6-11 tide exceptions to the surveyor for inclusion on the survey. Any costs associated therewith shall be aid bythe art 152 expense of the boundary survey shall be pid forbytheaparrttyfdes designated inor the aparagraph 8 o cost and 9 of this 153 154 Agreement. Any survey services other than for the boundary survey and title exceptions inclusion shall be 155 paid for by the BUYER such as, but not limited to, wetlands delineation, topographical or tree survey. if 156 the Purchase Price is based on a per unit price instead of a fixed price, the survey shall be obtained and 157 shall provide and certify the unft calculation needed pursuant to paragraph 1(H). if surveyor's flood elevation certificate is required, BUYER shall pay for It. 158 6, LOSS, DAMAGE OR EMINENT DOMAIN: SELLER shall bear the risk of loss to the Property until 159 160 closing. if any of the Property is materially damaged or altered by casualty before closing, or SELLER 161 negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain 162 proceedings, or If an eminent domain proceeding is initiated, SELLER will promptly notify BUYER in 163 writing. Either BUYER or SELLER may cancel this Agreement by written notice to the other within 10 days 164 from BUYER'S receipt of SELLER'S notification, failing which BUYER will close in accordance with this Agreement and receive all payments made by the govemmenial authority or Insurance company, If any. VL Page 3of10 165 7, PROBATIONS: AU taxes, rents, homeowners' association fees, solid waste coileclIonldisposal fees, 166 167 stormwater fees, and Community Development District (CDD) fees will be prorated through day before 168 closing based on the most recent Information available to the closing attorney/settlement agent, using the groes tax amount for estimated lex proration), The day of closing 169 shall halo to BUYER. Any y proration based on an estimate shall be reprorated at the request of either party upon receipt of the actual bill based on the maximum discount available, 171 172 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER'S 17CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE 1744 OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR 175 PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD 176 RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION, 177 8. BUYER WILL PAY: 178 (A) CLOSING COSTS: 179 gaRecordtng fees Ido OIntangible tax Mortgage Insurance premium 181 {,7_?Note stamps Mortgage discount not to exceed 182 t�►Simu[ianeous mortgagee title Insurance policySurvey 183 OTItle insurance endorsements Closing attorney/settlement tea 184 QlLender's flood certification fees °e fe scar courier fees 185 [[]Mortgage origination charges ®Title search 186 °Appraisal fee QReal estate brokerage fee 187 Credit report()) °Mortgage transfer and assumption charges 188 °Tax service fee °inspection and reinspection fees 189 ®Other BUYER TO PAY ALL CLOSING COST EXCEPT PRORATED 2019 PROPERTY TAXES 190 other charges required by lender(e) In connection with the BUYER'S loan(s), unless prohibited by law or regulation. 192 (B) All 191 193 (C) Homeowners' association applicatlort/►rensfer fees and capital contributions, if required, (0) PREPAIDS; Prepaid hazard, .flood and wind insurance, taxes, interest and mortgage Insurance premiums if required by the lender. 195 9. SELLER WILL PAY: 196 (A) CLOSING COSTS: 197 ([](Deed stamps 198 Owner's title Insurance policy °Real estate brokerage fee(s) 199 °Title search This Insurance endorsements 200°Closing attorney/Settlement fea Lender's flood certification tees 201 OSurvey °Mortgage discount not to exceed 202L]Satlsfaction of mortgage°Appraisal fee 203 and recording fee °SELLER') courier fees ®other SELLER WILL PAY 2019 PRORATED PROPERTY TAXES AS OF PSA EXECUTION DAT E 205 (8) Homeowners' Association estoppel/statement fees, payable upon request by the closing attomey/settiement agent. 206 207 (C) All other charges required by lender(s) In connection with the BUYER'S loan(s), which BUYER is prohibited from paying by law or 208 (D) If SELLER agrees to a regulation, 209 pay any amount toward BUYER'S closing coats (which shall Include BUYER'S 210 prepaids), SELLER shall be obligated to pay, upon closing, only those costs marked in paragraph 2118(A) and those specified In paragraphs 8(13), 8(C) and B(D). 212 (E) All mortgage payments, homeowners' association fees end assessments, Community Development 213 Fees (CDD tees) and govemment special assessments due and payable shah be paid current at 214 SELLER'S expense et the time of closing. 215 (F) Public Body Spacial Assessments, At closing, SELLER will a public body that are certified, confirmed and ratified before (the (date of clp amountg not payable in by 216 217 Installments; end (ii) the amount of the public body's moat recant estimate or assessment for an 218 improvement which Is substantially completed as of date of acceptance of Chia Agreement but that has 219 not resulted in a lien bein Im osed on the P homeowners' association or CDD fees.rop® before closing. 'Public hotly" does not include 220221 If public body special assessments may be paid in Installments (MARK ONE) 222 °BUYER shall pay installments due after date of closing. 223 QJSELLER will pay the assessment In full prior to or at the time of closing. IF NEITHER BOX iS MARKED THEN BUYER SHALL PAY INSTALLMENTS DUE AFTE DATE VL Page 4 of 10 1115r1 y� 224 OF CLOSING. This 225 Development District paragraph reg d byBFlorlda�St Statul not tes The to ens Imposed special benefit ytax assessment 226 Imposed by a Community Development District she' be treated as en ad valorem tax. 22710. DEFAULT: 228 (A) If BUYER defaults under this Agreement, all binder de os s aid and 229 deduction of unpaid closing costs Incurred except Inspection f) p 230 w+71 be retained by SELLER as agreed agreed to be paid (ager 231 g upon liquidated damages, conssiideraat on for thand e appraisal n of 232 th►e Agreement and In full settlement of any ctarms. BUYER and SELLER will then be relieved of all 233 obligations to each other under this Agreement except for BUYER'S responsibility for damages 234caused during inspections as described In a (B) 1f SELLER defaults under this Agreement, BUYragER maa 235 y either. 0) seek specific performance; or (ii) elect to receive the return of BUYER'S binder deposits) without thereby waiving any action for 238 236 damages resulting from SELLER'e default. (C) Binder deposit(s) retained by SELLER as liquidated damages will be distributed pursuant to the terms of the listing agreement and this Agreement. 239 11. NON -DEFAULT PAYMENT OF EXPENSES: 240 (A) if BUYER fails to perform, but is not in default, all loan and sale processing and closing costs Incurred, 241 242 whether the same were to be paid by BUYER or SELLER, will be the responsibility of BUYER with costs deducted from the binder deposit(s) 243 BUYER, This will include buot limited to the tranea not closing because BUYER does not 244 obtain the required financing as eposrt(s) shall ba returned to 245 obtainath under any contingencyasprnvrtded in this Agreement or BUYER invokes BUYER'S right to 246 Agreement pursuant lo a Agreement; however, If Buyer elects to terminate this 247paragraph 2 and 14, each party will be responsible for all loan and Bale 248 processing costs specMed to be paid by that party, except all inspections, Including WOO Report, which shall be paid by BUYER. 249 P (8) if SELLER falls to perform, , but Is not In default, alt loan and sale processing and closing costs 251 incurred, whether the same were to be paid by BUYER or SELLER, will be the responsibility of 252 SELLER, and BUYER wilt be entitled to the return of the binder deposit(s)• This will Include the 253 transaction not closing because SELLER cannot deliver marketable title, or is unable to cure 254 pursuant to paragraph 14. perrnittinglreguiatory compliance issues, but shall not Include failure to appralse or termination 255 12. BINDER DISPUTE, WAIVER OF JURY TRIAL AND ATTORNEY FEES: 256 257 (A) 1n the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s), the 258 holder of the binder deposit(e) may file an interpleader action in accordance with applicable law to 259 determine entitlement to the binder deposit(s),and the inte ►eader's attorney's fees and costs shall be deducted and paid from the binder deposit(s) and assessed against the non -prevailing party, or the 269 261 broker holding the binder deposit(s) may request the Issuance of an escrow disbursement order from 262 the Florida division of Reaf Estate. in either event, BUYER and SELLER agree to be bound thereby, 263 and shall indemnify and hold harmless the holder of the binder da fees and damages upon disbursement in accordance therewith, 265 posit(s) from all casts, attmey's 264 (f3) All controversies and claims between BUYER, SELLER or Broker, directly or Indinaotly, arising out of 266 or relating to this Agreement or this transaction will be determined by non Jury trial, BUYER, SELLER and Broker, jointly and severally, knowingly, 267 byy voluntarily and lntentionarly waive any and all rights to a 268 triarising Jury directly or Indirectly from this or proceeding Involving BUYER, orion or rotating SELLER et Broker, whether be liable for their own costs and attorney's fees excleptfor Interpleader'satttorneys fees and costs 270 which shall be payable as set forth in paragraph 12(A), 271 13, PROPERTY DISCLOSURE: SELLER does hereby represent that SELLER has legal authority and 272 capacity to convey the Property, 273 Property. SELLER represets tat SELLER has n and that no otherk knowrson ledge of materially affan ecting the value of the 275 275 Property other than those which BUYER can readily observe except:_ 276 277 278 279 280 VL ELLER further represents that the Property Is not now and will not . e prior to date of closing subject to a municipal or county code enforcement proceeding and that no citation has been issued except: f` Page 5of10 1115r1 281 282 283 284 285 286 287 288 289 ',the Property is or becomes subject to such a proceeding prior to date of closing, SELLER shall comply with Florida Statutes 125.89 end 162.06; nohvfhstanding anything contained within said Statutes, SELLER shall be responsible for compliance with applicable code and ell orders issued In such proceeding unless otherwise agreed herein. SELLER has received no written or verbal notice from any eovemmental entity ae to unto rrected SELLER has no knowledge of any repairsor Improvementstmade 10 thenPgroperty not then in compliance with governmental regulatfons/permltting except: 290 14. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition 291 292 until closing, except for normal wear and tear, and SELLER will not engage in or permit any activity thpt 293 would materially atter the Property's condition without the BUYER'S prior written consent. BUYER and SELLER agree that the cost of inspections 294 paragraph 11 of this Agreement ane paid by BUYER gaations rdiessolfthe oBUYER are utcont of his Agree from 293 If BUYER elects not to have inspections and Investigations performed, BUYER a 296 `AS IS' condition as of the date of acceptance of this Agreement, BUYER will be responsible for repair of 297 all damages to the proresu�A� the Property in Its 298 Property to its pre -Inspection condition. These obting from ligations shalland surviveterminand ation of thBUYER rwillee retum , the 299 (A) Inaectlon of the Pros agreement. 300 a lies, o not w . Mark 1 or 2 below to deal. nate whether an Ins � - ctlon Period ed the ns action Per cd DOES NO a I . 301 302 (1) 0 No Ins salon Period, BUYER is satisfied that the Property fa suitable for BUYER's intended use, Including, bu no limited to, (I) the zoning and a 303 the subdivision, dead or other restrictions that affect thepProperty,yed zoning changes forthe raopeuy, (11 304 the Property, (tit) the status of any moratorium on 305 (w) the availability of concurrency for the Property, 306 whether the Properly can be legally used for BUYER's Intended , (vii)the co fon of utilities, (vi) of the Property, 30? and (viii) ell other matters concerning BUYER% Intended use of the Property. This Agreement is NI 308 contingent on BUYER conducting any further investigations, 309 (2) ® ins eectlo_ Period. BUYER may, at BUYER's expense, until 5:00 p.m., on 0 310 acceptance of this (date) or ® 3w days (3D days, 311 a inspect the Property, (the Inspection Penod" g act on, in eller datea of d 312 perty, to determine whether or not the samee Is satisfactory diligence on, In BUYER's sole 313 and absolute discretion. During the Inspection Period, BUYER may conduct such tests and inspections 314 as BUYER may desire including, but. not limited to, 315 examination, soli testings and/or borings, permitting, mun ccipal1lien sea hesesite planof the Prorty, titlea andsurvey other 316 determinations, for BUYER'S Intended or potential use of the Property. During such Inspection Period, 317 BUYER will be provided access to the Property lo, among other things, Inspect the Property, determine 318 the condition thereof, verify zoning, conduct engineering and environmental studies, feasibility tests, 319 detain use under zoning or the proposed comprehensive land use plan, test for hazardous 320 materials, and to determine the availability of water, sewer, and other utilities. If BUYER determines, in BUYER's sole discretion, that the Pro 322 Prior to the expiration of the Inspection Period B party is not acceptable BU to BUYER, n to n 322 terminate this � BUYER may give written notice of BUYER's election to 323 Agreement, In which event the depos8(s) shall be returned to the BUYER end the parties hereto shall be discharged from their obligations hereunder except as provided in this a 324 If this transaction does not close for any reason whatsoever, BUYER shall be responsible to restore 325 the Property paragraph 14. 326 test, BUYER shall restore the Propenal rty to mpformercondition, 327or completion of any inspection, examination or ll not 328 of BUYER andto closing,p UYER any such liens erermit placedon theliens to be Poperty BUYER shall promptly 329Property arising from any action 330 by payment or bonding no later than the earlier of: (I) 10 days after demand therpeoff by SELLER; or (II) date of closing; or (ill) termination of this Agreement. 331 BUYER shall not engage In any activity on the Property 332 Inspection rights shell be from the date of this Agreement other than inspections prior to closing (which 333 In this Agreement even thoughAgreement to the earlier of; (I) closing or (ii) termination 334 consent of SELLER. BUYER jis employes agents andn Period contractors have'shall enter upon the Property 335 at their own risk and SELLER shall not be liable in any way for damages or acts suffered by such 336 mem 338 Upon expiration of the inspection Period, If BUYER has not terminated this Agreement, the deposn(s) shall become NON-REFUNDABLE and, If BUYER fails to close for any reason other than SELLER'S VL Page 6 of 10 339 default or SELLER'S Inability to perform, 340 damages and will be dIna b t , t , the deposit(s) shall be retained by SELLER as liquidated 341 BUYER hereby agrees to defend, ammto the forms of the Ilsling agreement and this Agreement. 342 damages, or liability arising out of BUYER'S lnspecllon/fnvestigation of the Pic 343 indemnify and hold SELLER harmless against any claims, costs, 344 and reasonable attorney's fees. BUYER agrees to defend, indemnify and hold SELLER harmless from and against all Hens on the Property flied by contractors, material suppliers, orlaborers iperforming 345 work and tests for BUYER. The Indemnification and hold harmless provisions of this paragraph shall 346 swviive anytermination erminetion of this Agreement, 347 (B) Access: SELLER will make the Pr 348 provided fol Inspections and Investiggatioo in thlsrty )paragrae for ph and, if not, the timeforinspections and 349 the the 350 investigations will be extended by the time access was denied. 352 (C) Broker's Notice: Neither the Listing Broker nor Selling Broker warrants the condition, sae or square footage of the Property and neither Is liable to BUYER or SELLER in any manner whatsoever for an 352 losses, damages, claims, sults, and costs 353 hold harmless Bald Brokers and their licensees any'1sses, damages, claims, sults, and costs 354regarding BUYER and SELLER hereby release and 355 arising out of or occurring with respect to the condition, size or square ers 356 shall not be liable for the performancefootage u the Property, by 357 Brokers, Such recommendations are made as a courtesy. BUYER and SELLER may select their own any Provider of services or products recommended by providers of services or products. 358 15. ZONING, RESTRICTIONS, CONCURRENCY, UTILITIES, AND INTENDED USE: BUYER will have the 360 for Inspection Property, applicable, to determine and verify: m the zoning and an 361 P rty, (iiWhether there are any subdivision deed or other restrictions proposed the Pie angel 362 (ill) the status of anymoratorium on the Property, (iv) the avaI1eb►Hty of concurrency tor the Property, (v) the availability of utilities, (vi) whether the pro 363 (vel) any other matter that could Property can be legally used for BUYER'S Intended use, or 364 Neither BUYER nor SELLER may prevent any change tended use of the to any of the foregoing prior totclosingeof h without the 365 written consent of the other party. SELLER warrants and represents that there is ingress and egress to 366 and from the Property sufficient for its current use. 367 16. i SUBSURFACE AN ENVIRONMENTAL REPRESENTATIONS, 368 (A) 0 NO SUBSURFACE AND ENVIRONMENTAL REPRESENTATIONS, SELLER 6� representations or Warranties concerning the environmental condition of the Property or the Subsurface Condition of the Property makes no op rty as hereinafter defined. r,:-./3 (B) 0 SUBSURFACE AND ENVIRONMENTAL REPt SEinfITIONS. SELLER 373 representations concerning the environmental condition of the Properly and the Subsurface Condition of the Properly. makes the following 374 p rly. These representations shall survive closing 375 (I) Subsurface Conditions. SELLER hereby represents to BUYER that, to the best of SELLER'S 376 knowledge: (a) there are no man-made adverse physlcal conditions on or under any 377 Properly Including, without limitation, burled debris, human burials or remains, archaeofogfcal sites, 378 landfills of any type, or hazardous Wastes and that the Property Portion of the 379 euch purpose; and (b) there are no other adversephysical has not onns or any time been osed for any 380 Property Including, without limitation, muck, fault lines inkhofesdoroother geological conditions or soli conditions adverse to con any portion of the 381 construction purposes (”Subsurface Conditions“). 382 (ii) SELLER hereby represents to BUYER that, to the best of SELLER'S knowledge; (e) the Property 383 and all uses of the Property have been, and presently ars, in compliance with all federal, state, and 384 focal environmental laws; (b) no hazardous substances have been generated, stored, treated, or 385 transferred on the Property except as environmental law; (c) SELLER has no knowledge oft any disclosed or environmental taw violation onunder any 386 property contiguous to the Properly; (d) SELLER has not received or otherwise obtained knowto BUYER or ledge of 387 388 any spill or contamination on the property, any existing or threatened environmental lien against the Property. or any lawsuit, proceeding, or Investigation regarding the handling of hazardous substances 389 390 on the Property: and (e) SELLER hes all permits necessary for any activity and operations currently 391 being conducted on the Property and such permits are in full force and effect, r POSSESSION: ,..” ® BUYER will be given possession at closing .„...../.93 0 BUYER will be given possession within d /,,r' 394 If neither box Is marked then BUYER will be given possession attclosing Sing at no rental coat to SELLER VL Page 7of10 395 10. 396 397 398 PRopf rry INCLUDES: Included in the Purchase Price are ail (if any) fencing, trees, timber, fill dirt, minerals, all as now existing or installed on the Property, and these additional items: 39910, ADDENDA/RIDERS/DISCLOSURES: 400 401 If marked the following are attached hereto and made a part of this Agreement: 402 ❑Homeowners' AesoclationiCarnmunity Disclosure Addendum 403 OCoastai Construction Control Line Disclosure Addendum Short Sale Addendum 404 Continued Marketing Addendum 405 Counter Offer Addend 406 and the Counter OfferAdddeen um accept a counteroffer, BUYER and SELLER must sign both thisAgreen�e�ng 407 ❑other (Specify here) 408 409 410 20. 631 412 4I3 414 415 416 ADDMONAL TERMS AND CONDITIONS: BINDER GOES NONREFUNDABLE AFTER 30 DUE DILIGENCE DAYS FROM (EXECUTION. BUYER MAY EXTEND CLOSING 30 DAYS WITH ADDITIONAL OPTION PAYMENT. NONREFUNDABLE CONTRACT ASSIGNMENT iS RESTRICTED TO RELATED PARTY AND DIRTWORKS MUST PUT iN OAK TRAiL PRESERVE DRIVE CONNECTION TO NORTH ROSCOE WITHIN 2 WKS OF EXECUTION. 437 21. COMFLUE AGREEMENT AND f llISCELLANEt7US PROVISIONS: DUPER and SELLER acknowledge 410 419 receipt of a copy of this Agreement. Except for brokerage agreements, BUYER, SELLER and Broker Agree that the terms of this 420 recee ived ar relied on any rep sentetlaneent �by Brokerste the ror any malarial regarding the Property a een them and that Including, have bu 421 not limited to, listing information, that are not expressed in this 422 or representations will bind BUYER, SELLER or Brokers unlesssmIncorpornt, No pated Inrior or tothisAg eement, 423 424 Modifications of this Agreement will not be binding unless In writing, signed and delivered by the party to be 425 bound. This Agreement end any modifications to this Agreement may be signed in counterparts and may 426 be executed and/or transmitted by electronic media, Including facsimile and email. Headings ere for reference only and shall not be deemed to control interpretations. If any provision of this 427 becomes invalid or unenforceable, all remainingAgreement it ior s 428 Agreement nor any memorandum hereof will berecorded in any continua ra orto s.be fort' meffective.is, some o this 429 provisions have been bolded and or capitalized, but everyy public n this s Agreement For Is s, name of tnd 430 should be reviewed and understood. No provision should e gnoredfortdisreardelcauseit is nand ot In 431 bold or emphasized In some manner. 432 433 In the performance of the terms and condi Ions of this faith with the other. Notice to the Broker foraAgreement each pceto that ty will deal rA and assignable good 434 repair and treatment contracts and warranties party deemed assigned byll be deemed SELLER party. BYEIR at dos ng 435 unless otherwise stated herein. SELLER agrees to sign all documents necessary to accomplish same. at 436 BUYER s expense. if any. 437 22, TIME IS OF THE ESSENCE IN THIS A 438 days. Any time periods herein, other than the ttiime of accueptancehwhichAgreement, a Saturday, Sunday, or 439 440 federal holiday shall extend to the next day which Is not a Saturday, Sunday or federal holiday. All references to a date other than the date of acceptance shell end et 7:00 p.m, Eastern Time (ET). 441 23. NO OTHER AGREEME: '$ AND BUYER'S AND SELLER'S NOTICES: BUYER and SELLER represent 442 443 that they have not entered into any other agreements with real estate brokers other than those named 444 below with regard to the Property. Aft notices, requests, and other communications required or permitted to 446 be given under this Agreement shall be In writing and shall be sent by certified mall, postage return receipt requested, or shall be hand delivered or delivered by a recognized national overnight courier 447 446 service, or shall be sent by facsimile, addressed as fpllows: p prepaid, `'SII If to BUYER, to the BUYER'e Broker or to BUYER at the address or fax number hereinafter _ w set forth, with a coley to Selling Broker, at the address or fax number hereinafter set forth VL Page 8of10 lJ ' 1116x1 449 450 If to SELLER, to the SELLER% Broker or to SELLER at the address or fax number hereinafter eel forth, with a copy to Listing Broker, at the address or fax number hereinafter set forth. 451 or to any other address or addresses as an 452 in accordance with thin paragraph. My such notice Will may be considete red delivered: 1) rn time to time owritten n the date ton which 453 454 the return receipt is signed, delivery Is refused, or the notice is designated by the postal authority as not deliverable, as the case may be If mails 455 delivered by a recognized national overnight courier seron the vice; or (4) on red the data of successful ul transmission 456 on the date 457 if sent by facsimile, BUYER and SELLER give the Brokers authorization to advise surrounding neighbors 458 who will be the new owner of the Property, 'Broker", as used in this Agreement, Is deemed to include all of Broker's licensees licensed to sell real property in the State of Florida, 459 24, ASSIGNMENT: Mark aaorooriate assfenmprovision If left blank, fhls Agreement Is MI assignable 460 ent by BUYER, 461• 462 BUYER may not assign this Agreement without SELLER'S written consent which may be withheld in S 463LER's sole and absolute discretion, provided, however, BUYER may assign without SELLER's _v consent to an entity in which BUYER directly owns a majority or controlling interest or as ' follows: 466 25. PR 467 468 469 470 471 472 473 OVAL ADVICE; NO BROKER LIABILITY: Broker advises BUYER end SELLER to verify all facts and representations that are Important to them and to consull an appropriate professional for legal advice (for example, interpreting contracts, determining the effect of laws on the Property end transaction, status of title, foreign investor reporting requirements, etc,) and for tax, property condition, environmental and other specialized advice. BUYER agrees to rely solely on SELLER'S representations herein (if any), professional Inspectors and governmental agencies for verification of the Property condition end facts that materially affect the Property value, and BUYER expressly releases the Broker(s) from liability for each of the foregoing. 474 26. ESCROW DISCLOSURE: BUYER and SELLER agree that Broker may place escrow funds In en interest 475 476 bearing account pursuant to the rules and regulations of the Florida Real Estate Commission end retain any interest earned as the cost assaclated with maintenance of said escrow. 477 27. SOCIAL SECURITY QR TAX I D. NUMBER BUYER end SELLER agree to provide their respective 478 Social Security or Tax I.D. number to closing attorney/ settlement agent upon request. 479 28. 1031 EXCHANGE: BUYER or SELLER may elect to effect a tax-deferred exchange under Internal 480 481 Revenue Service Code Section 1031(which shell not delay the closing), In which event BUYER and 482 SELLER agree to sign documents required to effect the exchange, provided the non-exchanarty shall not incur any costs, fees or liability as a result of or in connection with the exchange. g g p 483 29. PAYOFF AUTHORIZATION: SELLER hereby authorizes the closing attorney/settlement 484 agent to obtafi mortgage payoff letters (Including from foreclosure attorneys) and Homeowner's Association status letters 485 oh behalf of SELLER, 486 30, FIRPTA TAX WITHHOLDING: if SELLER Is a "foreign person" es defined by the Foreign Investment In 487 488 Real Property Tax Act, the BUYER and SELLER shall comply with the Aol, which may require SELLER to 489 provide additional funds al closing. SELLER agrees to disclose to closing attorney/settlement agent et least 10 days before closing If any SELLER is net a U. S. citizen or resident alien. 490 31. TIME OF ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY BUYER AND SELLER AND DELIVERED 492 492 TO BUYER AND SELLER OR THEIR RESPECTIVE BROKER (INCLUDING BY FAX AND ELECTRONICALLY) ON OR BEFORE 01 493 IMLL TERMINATE, THE TIME FOR ACCEPTANCE OF COUNTER (DATE) SIHALLFBE 494 495 DELIVER D,HOURS (24 HOURS IF LEFT BLANK) FROM THE TIME THE COUNTER OFFER IS 496 32. DATE OF ACCEPTANCE: The date of acceptance of this Agreement shall be the date on which this 497 Agreement is las! executed by BUYER and SELLER and a fully executed copy has been delivered to 498 BUYER and SELLER. 499 If this Agreement le not understood, Minn acid 2ELI Eft should seek competent legal advice. VL Page 9 of 10 EXHIBIT A RE: 172391-0000, 14051 ATLANTIC BLVD ATLANTIC BEACH, FL 32225 RE: 160877-0100, 0 WONDERWO00 BRG JACKSONVILLE, FL 32233 116-cR 500 .WIRE FRAUD ALERT. Criminals are hackin 501 settlement attorn > s and others 502 the accountof the criminal. Theemails look le 503 to wire an 504 roufn, n 505 social se 506 or resultin in email accounts of real estate a' ents title com . anies fraudulent wire funds without rsonall and the account number. Bu mbers bank accoun s inmate but t akin' with the intended reci . tent of the wire to c ersohal inform Instructions bein are not. Bu used to divert funds to er and Seller are ad 507 508 BUYER 509 5I0 BUYER 511 512 BUYER 513 514 BUYER to�the Intended er and Seller should not send and credit card numbers exc bed not nfirni the on such as t throw, h - ecured email D: E DATE DATE DATE �' SELLER DATE SELLER DiViark if any SEL 515 Broker, by signature below, acknowledges receipt of 516 binder deposit specified in paragraph 1(A) of this Agreement. 517 disbursement according to the terms hereof, together with a 518 terms of thfs Agreement, 519 520 Company G ATE DAT DD TE Rnis not a U. S. Citizen or (dent alien. By Title END OF PURCHASE AND SALE AGREEMENT 521 Broker joins In this Agreement to evidence Broker's consent to be bound by the provisions of paragraph 522 12 above. 523 524 Firm Name of Selling Broker check as the escrow pending eposft(. escrowed by the 525 526 Broker's Stale License ID (BK Real Estate Number) 527 528 Phone for Selling Broker 529 530 Selling Broker Office Address 531 532 Selling Broker City, State, Zip Code 533 By: 534 Authorized Licensee Signature 535 536 Printed Name of Licensee 537. 538 Email 539 540 Phone for Selling Licensee 541 542 Licensee's State License ID 543 (BK or SL Real Estate Number) VL Firm Nanie of Listing Broker Broker's State License ID (BK Real Estate Number) Phone for Listing Broker Listing Broker Office Address Listing Broker City, State, Zip Code By: Page 10 of 10 Authorized Licensee Signature Printed Name of Licensee Email Address Phone 'for Listing Licensee Licensee's State License ID (BK or SL Real Estate Number) AGENT AU ' O R1f ZAT rJ ON Bridge Tenders LLC 1357 W Beaver Street Jacksonville, FL 32209 May 3, 2019 Mr. Shane Corbin Community Development Director City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Owner Authorization Johnston Island, RE # 172391-0000 PUD Zoning Modification Dear Mr. Corbin, CLDG LAND 11 LLC, whose address is 3271 Dupont Station Court S Jacksonville, FL has the above described property under contract and Bridge Tenders LLC , the property owner, is authorizing CLDG LAND 11 to pursue a modification to the Johnston Island Land Use and PUD zoning per the Land Use and Zoning Modification Application dated April 29, 2019. For the purpose of this zoning modification CLDG LAND II will be the "Applicant' and they will be represented by Zach Miller "The Agent". If you have any question or need addional information, please do not hesitate to contact me. Sincerely, Charles Chupp Managing Partner, Bridge Tenders LLC CC Andy Allen, CLDG LAND II George Leone, CLDG LAND II Zach Miller