APPLICATION REZN19-0002 14051 Atlantic Blvd (Bridge Tenders)ZONING MAP AMENDMENT
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
APPLICANT INFORMATION
NAME BRIDGE TENDERS, LLC
ADDRESS 501 Riverside Avenue, Suite 901
FOR INTERNAL OFFICE USE ONLY
FILE # 19-006Z
PUD / SPA
EMAIL zach_miller@bellsouth.net
CITY Jacksonville
PROPERTY LOCATION Intracoastal waterway, north of Atlantic BIvdPHONE #
RE#
172391 0000
STATE FI ZIP CODE
396-5731 CELL #
BLOCK # LOT #
32202
LOT/PARCEL SIZE 3.69 acres ZONING CODE PUD UTILITY PROVIDER God t u„{y/f c'
COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION Residential Low Density/Commercial
REQUESTED ACTION Modification of existing Johnston Island PUD
Statement of facts and special reasons for the requested rezoning which demonstrates compliance with Section 24-62 of the City of
Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations (attach as Exhibit A).
PROVIDE ALL OF THE FOLLOWING INFORMATION
(all information must be provided before an application is scheduled for any public hearing):
1. List of adjacent property owners within 300 feet of the property including name, mailing address and Property Appraiser's Real
Estate number from most recently certified tax rolls. Address two (2) legal size envelopes 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.
2. Proof of ownership: deed or certificate by lawyer or abstract or title company that verifies record owner as above.
3. 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.
4. Required number of copies: five (5) copies, please submit ten (10) copies of any plans or attachments that are larger than 11x17
inches in size or any other items that cannot be easily reproduced.
5. Application fee of $500.00.
HEREBY CERTIFY THAT ALL INFORMATION PROVIDED IS CORRECT: Signature of Property Owner(s) or Authorized Agent
,"7 1 1 • v� %� l ' (Agent) Zach Miller, Esq.
4/29/19
SIGNATURE OF APPLICANT PRINT OR TYPE NAME DATE
SIGNATURE OF APPLICANT (2) PRINT OR TYPE NAME
Signed and sworn before me on this
z 0,- e N\0\2_‘i
day of nN r+
Identification verified: .V naiNV
Oath Sworn: ® Yes
IZ.&O uj1k-7
D No
... ;. TIFFANY GAYTON
�t >; * Commiselon # GG 286976
, {, Expires December26 2022
21 ZONING MAP AMENDMENT PUD -SPA 03.01.2018 Bonded lhnugworNotary gs
a
State of
DATE
County of 1)1AN/ci
Notary ignatu
My Commission expires ta) a u i a a
List of Property Owners within 300 -feet of 172391-0000
1. 167140-0100
Jacksonville Intracoastal LLC
645 Mayport Rd. Ste 5
2. 172387-0100
Atlantic Beach Holding Co
1937 Sevilla Blvd W
Atlantic Beach, FL 32233
EXHIBIT A
LEGAL DESCRIPTION
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
PROOF 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 # 4 l t (-) f
WARRANTY DEED
l 2003359377
: 1 1 45 1
CLERKes:1667 - 1670
;PzikalcDfictiliedign � RecardM
32083 84:88:01 Pil
DUVAL CcRtYIiT COURT
RECORarNs
17.00
DEED DOCC STaltp
$ 2,44.0,050
Book 11451 Page 1667
THIS DEED is made this October 24. , 2003, by and between JOHNSTON LAND,
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, racksonville,
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 (510.00) 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 H1 AND TO HOLD the same, together with the hereditaments and appurtenances
thereunto belon i _ r,. in anywise appertaining, subject to the Permitted Encumbrances more
particularly described.o xhili t "B" attached hereto and by this reference made a part hereof.
Except as set forth in the tted„ Encumbrances, Grantor does hereby bind itself and its
successors to warrant and for rdifend 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: 5. JussbavAi
i0l, e4.wrYky,4Veg.,
Name: W$ t..f~1 A M y V Siab+iuMl
JOHNSTON ISLAND, LC,
liability co pain
By:
Name: William H.
Its: a•- kk�r
'da limited
Book 11451 Page 1669
STATE OF rt.? Rte
COUNTY OF •D uN(A J..
The foregoing instrument was acknowledged before me this LI day of October, 2003, by
William H. Johnston, the 00(gVirtat
aof Johnston Island, LC, a Florida limited
liability company, on behalf of a conipanny. He (check one) is 0 personally known to me orAt
has produced 4QeEr4 a *Mtvgr'i L1( JSE as iidentification.JGv�
A
� ' 1hS�'�
Notary Public, State and County aforesaid
Name:
lAX1703705_2
.1�1ti11111111/1,,/
\��� Nussba�1��/'i
Or 5r y� ,• IDD041774
'',.9v itiST Al
111 \ ANO
-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 Tying East of
unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and
Tying 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
assessments
2.
Exhibit "A".
Bobk 11451 Page 1670
Exhibit "B"
Permitted Encumbrances
Taxes and assessments for the year 2003 and subsequent years, and taxes and
levied and/or assessed subsequent to the date hereof.
The nature or extent of any submerged land included within the land described in
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.
JAX1703701 2
-4-
5 MIN. RETURN
PHONE
Prepared By/Record and Return To:
Robert 0. Mickler, Esquire
Ropers Towers, P.A.
1301 Riverplace Blvd., Suite 1500
Jacksonville, Florida 32207
it
DOcR 2003359376
?mkt 11451
Pales: 1664 — 1666
Filed 3 Record
III F10II LLER /2003 84:00t01 Pill
RI COUCIal NTY CIRCUIT COURT
RECORRIE $ 13.00
TROSTFUND DOC STAND $ 3,150.0
DEED0
Book 11451 Page 1,664
WARRANTY DEED
THIS DEED is made this October 23, 2003, by and between LAURA LEE
JOHNSTON PERKINS, 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 fRival
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
assessed subsequent to the date hereof;
0
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 2371%f 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, ITI, dated August 14, z.
1996 and recorded in Official Records Book 8428, page 1135 of the current public records of
Duval County, Florida.
JAX1703989 2
())
Book 11451 Page 1665
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: ,IvsT'', S. SCv7j—
AURA ,EE JOHNSTON PERKINS
STATE OF GEORGIA "�
COUNTY OF Low de s
The foregoing instrument was acknowledged before me thid.A day of October, 2003, by Laura
Lee Johnston Perkins. She (check one) is impersonally known to me or [J has produced
as identification.
JAX1703959 2
Notary P
Name:
ic, State a
ounty aforesaid
-2-
(Notarial Seal)
40 TA R'A
MVComM
EXPIRES
FE8.22,2007
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RFs ou** G4(Q
Exhibit "A"
Legal Description
Book 11451 Page 1666
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 (I00) 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 (18), Township Two (2) South, Range Twenty-nine (29) East, and
lying West of a line Two Hundred (200) feet Easterly (pleasured 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: All 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 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.
.IAX17p3989 2
-3-
VACANT LAND
iiiCOPURCHASE AND SALE AGREEMENT AND DEPOSIT RECEIPT
PYRIGHTED BY AND SUGGESTED FOR USE BY THE MEMBERS OF )
REAITOp® THE NORTHEAST FLORIDA ASSOCIATION OF ® �' \- 1
1 CLDG LAND II AND/OR ASSIGNS REALTORS®, INC.lNREALTOR®
/ '43(iii govemmenWssued photo ID an merits/ status) and OWNER OF RECORD
iBUYEtv/PURCHASEti'){(t ind(vldual(s),name(e) as reflected
CSEL
4 _in:rQS
5 as reflected on eed or government -Issued photic D and marital stetGs), which terms ma be singular
6 and Include the successors, personal representatives and assigns of BUYER and SELLER, hereby agr)e that
7 SELLER will Bell and BUYER will buy the following described property with all improvements ('thProperty
8 upon the following terms and conditions and as completed or marked. In any conflict of terms or conditions, that
9 which Is added will supersede that which is printed or marked.
10 PROPERTY DESCRIPTION;
11 (a)Street address, city, zip code; SEE EXHIB1TA
12 (b) The Property is located in DUVAL _County, Florida. Pro
13 (c) Legal description of the Real Property�' Tax ID No: 172391-0000 &_1608 0
14 (if lengthy ,attach legal description);
15 - —
16 The Property will be conveyed by statutory — - — _ — --
17 guardian's deed as appropriate to the statuof SELLER (unless
trustee's, personal representative's or
otherwise required herein), subject to current
18 taxes, existing zoning, recorded restrictive covenants governing the Properly, and easements of record which do
19 not adversely affect marketable title, Under Florida law financing of the BUYER's principal residence
20 requires BUYER and BUYER'S spouse to sign the mortgage(s). Under Florida taw 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 (A) Binder deposit paid herewith, which will remain a binder until closing
25 unless sooner disbursed according to the provisions of this
26 (B) Binder deposit due within 5 days of
Agreement$
after date of acceptance of this
27 Agreement
S
28 (C) Additional binder deposit due on or before AT THE END OF DUE or
29 DILIGENCE days after date of acceptance of this Agreement
MU
30 (D) Balance due at closing (not including BUYER'S closing costs, prepaid $
31 items or prorations) by wire transfer or, if allowed by settlement agent,
32 by cashier's or official check drawn on a United Slates banking
33 institution
34 (E) Proceeds of a note and mortgage to be executed by BUYER to any $
iifilliiii
35 lender other then SELLER (base loan amount excluding financed
36 closing costs)
37 (F) Seller financing by note and mortgage executed by BUYER to SELLER $
38 (Requires use of Seiler Financing Addendum)
39 (G) PURCHASE PRICE $ __
40 (H) ( ]Purchase Price Based on Units (Complete only if Purchase Price will be based on a pers
instead of a fixed sales price). The unit used to determine the Purchase Price is
42 ❑ Acre
43 ❑ Square foot
44 0 Other (specify -
45 areas of less than a full unit The Purchase Price Will be $�
46 at closing based on all unit
of the unite of the Propertyr ) prorating
47 Florida -licensed surveyor accordance with Pof as certified to BUYER and SELLER bunit and adjusted
48 and other areas within the Properly will be excludedfromtheof tcalcuthis atio of units: following rights of way
49
50
51
52
53
54
VL
Page 1 of 10
55 Binder deposit to be held by:
56 Name: DUANE ROMANELLO. ESQ.
57 Address: 1919 BLANDING BLVD JACKSONVILLE FL 32218
58 Phone: 904-384-1441 Fax; i
59 _ E�rnali:
Note: In the event of a dispute between BUYER and SELLER regarding entitlement to the binder
60 deposit(s) held by an attorney or title Insurance agency, Brokers 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 0 cash transaction
64 0 loan without financing contingency
65 0 loan with financing contingency. Loan Approval 0 Is 0 Is not conditioned upon the closing of the sale
66 of other real property owned by BUYER. If neither box is marked then Loan Approval is not conditioned
67 upon the closing of the sale of other real ►a
68 ❑ sellerfinancing (If marked see applicable SELLEowned
FINANCING 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, 72 BUYER will complete the application process for mortgage loan(s) and pay tender for credit report(s), 73 BUYER will timely fumish any and all credit, employment, financial, and other information required by 74 lender, and make a continuing end diligent effort to obtain loan approval, BUYER will pay for the 75 appraisal at the earliest date allowed by law and wilt Instruct the lender to order the appraisal 76 within 3 days after time of such payment; otherwise, BUYER Is in default. BUYER hereby 77 authorizes BUYER'S lender to disclose information regarding the status, progress, and conditions of 78 loan application and loan approval to SELLER, SELLER'S attorney, Broker(s) to this transaction, and 79 the closing ettomey/setitement agent. BUYER arid'S SELLER hereby further authorize BUYER
80 lender and the closing attorney/settlement agent to provide a copy of the combined settlement 81 statement and the BUYER and SELLER Closing Disclosures to Broker(e) to this transaction
when provided to BUYER and SELLER, both before and at closing g (consummation),
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 -
85 required repairs/replacements/ireatments, marketable title and survey_ BUYER shall have fi days 86 thereafter to terminate this Agreement by written notice to the SELLER, or be deemed to have
waived the financing contingency.
87
88 If BUYER does not terminate this Agreement within said 5 day
shall have the right to terminate this Agreement under this paragraph, the bindery deposit shall
ELLER
89 not be
refundable because of BUYER's failure to obtain financing, and this Agreement shall continue through
90 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 title,
including legal access, the transaction will be closed and the deed and other closing papers delivered
on or before 0 days (15 days if left blank) after the Loan Approval Period,
�a— (specific date), or 0 9p days after date of acceptance of this
9"' Agreement, unless extended by other conditions of this Agreement.
j%
Marketable title means title which a Florida title insurer will insure as marketable at its regular rates
98 9and subject only to matters to be cured at closing and the usual exceptions such as survey, current
100
taxes, zoning ordinances, covenants, restrictions, and easements of record which do not adversely 101 affect marketable title. From the date of acceptance of this Agreement through closing, SELLER will 102 not take or allow any action to be taken that alters or changes the status of title to the Property.
(B) Extension of Date of Closing:
103
104 If closing cannot occur by the date of closing due to Consumer Financial Protection Bureau (CFPB) 105 delivery requirements, the date of closing shall be extended for the period necessary to satisfy CFPB 106 delivery requirements, not to exceed 10 days. 107 If extreme weather or other condition or event constituting acts of (God causes (1) disruption of
services essential to the closin
108 closing, the date of closing will be xtendedrocess or rfor up to 5 days afti) unavailability of er restorat onard, floodrofind services essential insurance
109 to
the closing process and availability of applicable Insurance. IF (I) or (II) continues for more then 30
VL
Page 2of10 1115r1
110
111 days beyond the date of closing, BUYER or SELLER may terminate this Agreement by delivering
written notice to the other party.
112 If title evidence or surrey reveals any defects which render the title unmarketable, or if the Property
113 not in compliance with governmental regulations/permtliing, BUYER or cfosin is
114 from receipt of title commitment, sway or written evidence of anyI agent will have S daysn
115 issue to notify SELLER of such defects. SELLER agrees to use reasonabletdiliggence a curesuch116
117 defects at SELLER'S expense end will have 30 days to do so, in which 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 all due and delinquent 120 taxes, liens and other monetary encumbrances, unless otherwise agreed in writing, If SELLER is 121 unable to convey marketable title, or to cure permitting/regulatory issues, BUYER will have the right to 122 terminate this Agreement, or to accept the Property as SELLER is able to convey, and to close this 123 transaction upon the terms stated herein which election will be exercised within 10 days after
BUYER's receipt of SELLER'S written notice of SELLER'S inability to cure,
tk244. ' TiTLE EVIDENCE: Mark to designate the party responsible to provide title commitment
.'iVISELLER �o provide: Within days(20 d s if
` Agreement, E LER will deliver ft? BUYER title nlurance commkmeafte(r rr t an owne of ers policy in thei
e 127 kimount of 1 . Purchase Price, t gather with legible pies of all Schedule B-1 title exceptions. Subject to
.�� 128 paragraph ) above, any exile 'e of curing title de cis such as, but not tied to, legal fees, discharge
of Ilene a o . h g fees will paid by SELLE . I equesjpd, SELLEy 1 also rovide (at BUYER's
13 r expense I or1� a
)�prior to closinb at U„aneous title tnsur g`comm'rfmenttor a mortgage policy.
1,3 ”" ! ,& UYER to obtain: During the Inspection Period BUYER shall obtain and deliver a copy to SELLER:
�, ®Tttle insurance commitment for an owner's policy In the amount of the Purchase Price, together with
legible copies of all Schedule B-1 requirements and 8-41 exceptions and/or ❑ Title Insurance commitment
134
135 for mortgage policy In the amount of the new mortgage together with legible copies of alt Schedule B-I 136 requirements and 8-11 exceptions, Subject to paragraph 11(3) below, any expense of curing title defects 137 such as, but not limited to, legal fees, discharge of Ilene and recording fees will be paid by SELLER. From 138 date of acceptance of this Agreement to closing, SELLER will not take or allow any action to be taken that
alters or changes the status of title to the Properly.
139 5. SURVEY: Mark to deli nate the art res onsibie to rovide survey
140
141 SELLER to rovide: Within days (20 days if Left blank) after date of acceptance of thls Agreement,
142 SELLER w 1 deliver to BUYER: 0 A new staked boundary survey of the Property dated within 3 months 143 of closing showing all Improvements, certified to SELLER, BUYER, tender and the title insurer.
tt
of a previously made survey of the Property showing all existing im rovements and sufficient to aallow
144
145 removal of the survey exceptions from the title insurance commitment. DI No survey is required.
If a surveyor's flood elevation certificate Is required, BUYER shall pay for ft.
146
147 13 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, fender, 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 841 title exceptions to the surveyor for inclusion on the survey. Any
costs associated therewith shall be aid bythe art
152 p party paying for the boundary survey. The cost and
expense of the boundary survey shall be paid for by the party designated in paragraph 8 or 9 of this
153
154 Agreement. Any survey services other then 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 unit 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 shalt 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 ail 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, falling which BUYER will close in accordance with this
Agreement and receive all payments made by the governmental authority or insurance company, tram,.
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165 7, PRORATIONS: All taxes, rents, homeowners' association fees, solid waste collection/disposal fees,
166
167 stormwater fees, and Community Development District (CDD) fees will be prorated through day before 169 closing based on the most recent Information available to the closing 169 attorney/settlement agent, using the groes fax amount for estimated fax prorations. The day of closing 170 shall belong to BUYER, Any proration based on an estimate shall be reprorated at the request of either 171 party upon receipt of the actual bill based on the maximum discount available, 172 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY UPON SELLER'S 173 CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE 174 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 EZIRecording fees
180 Ilntangible tax Mortgage insurance premium
181 Mote stamps Mortgage discount not to exceed
182 JSImuttaneous mortgagee title insurance policy ❑Survey
183 Witte insUranoe endorsements P y ®Ctasing attorney/settlement fee
184 4(ILender's flood certification fees �B 1e sear courier fees
185 [jMortgage origination charges ®Ritts search
186 ppralsal fee ❑Real estate brokerage fee
187 [iCredtt report(s) ❑Mortgage transfer and assumption charges
188 :Tax service fee OInapection and reinspection fees
189 ®Other BUYER TO PAY ALL CLOSING COST EXCEPT PRORATED 2019 PROPERTY TAXES
190
ocher charges - — -
required by lender(s) in connection with the l3UYER's loan(s), unless prohibited by
law or regulation.
192 (B) All
19]
193 (C) Homeowners' association application/transfer fees and capital contributions,11 required.
(0) PREPAIDS: Prepaid hazard,
194 flood and wind insurance, taxes, interest and mortgage insurance
premiums h required bythelender.
]95 9. SELLER WILL PAY:
196fiA) CLOSING COSTS:
197 []Deed stamps
199 QDeed ss title Insurance policy []Real estate brokerage fee(s)
199 °Title search DTftie insurance endorsements
200❑Closing attorney/Settlement fee °Lender's flood certification fees
201 DSurveyr Mortgage discount not to exceed
202203 ['Satisfaction of mortgage and recording fee °Appraisal fee
OSELLER's courier fees
204
®Other SELLER WILL PAY 2019 PRORATED PROPERTY TAXES ASO PSA EXECUTION DAT E . 205 (B) Homeowners' Association estoppel/statement fees, payable upon request by the closing
attorney/settlement 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 p Regulation.
209 () If SELLER agrees to pay any amount toward BUYER'S closing costs (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) end 8(D).
212 (E) All mortgage payments, homeowners' association fees and assessments, Community Development
213 Fees (CDD fees) and government special assessments due and payable shall be paid current at
214
SELLER'S expense at the time of closing.
215 (F) Public Body Special Assessments. At closing, SELLER will pay:the full amount of liens Imposed by
a public body that are certified, confirmed and retifled before the (1)te of closing not payable in
216
217 installments; and (ii) the amount of the public body's most recent estimate or assessment for an
218 Improvement which is substantially completed as of date of acceptance of this Agreement but that has 219 not resulted in a lien being imposed on the Property before closing. 'Public body does not include
homeowners' association or CDD fees.
220 If public body special assessments may be paid in installments (MARK ONE)
222 ❑BUYER shall pay installments due after date of closing.
223
(SELLER 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 AFTER DATE
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Page 4of10
224 OF CLOSING. This paragraph 9(F) shall not apply to liens imposed by a Community
225 Development District created by Florida Statutes 190. The special benefit tax assessment
226 imposed by a Community Development District shall be treated as an ad valorem tax.
22710. DEFAULT:
228 (A) If BUYER defaults under this
229 deduction of unpaid closing costs exceptcinspection paid and
appraisal fees)
230 will be retained by SELLER as agreed upon liquidated damages, consideration for the execution of
231 this Agreement and In full settlement of any claims. BUYER and SELLER will then be relieved of all
232 obligations to each other under this Agreement except for BUYER'S responsibility for damages
233 caused during inspections as described In paragraph 14.
234 (B) if SELLER defaults under this Agreement, BUYER may either, (I) seek specific performance; or (11)
235 elect to receive the return of BUYER'S binder depoatt(s) without thereby waivlhg any action for
236 damages resulting from SELLER'S default,
237 (C) Binder deposit(s) retained by SELLER as liquidated damages will be distributed pursuant to the terms
238 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, ell loan and sale processing and closing costs incurred,
241 whether the same were to be paid by BUYER ar SELLER, will be the responsibility of BUYER with costs
242 deducted from the binder deposits) and the remainder of the binder deposit(s)
243 BUYER. This will Include but not be limited to the transaction not closinbecause BUYER does not
244 obtain the required financing as provided In this Agreement or BUYER invokes BUYER'S right to
245 terminate under any contingency in this
246 Agreement pursuant to paragraph 2 and 1Agreement;
, e h parhowever, irerf esponsible eer efor all loan land We
247 processing costs specified to be paid by that pa
248 shall be paid by BUYER, rty, except all Inspections, including WDO Report, which
249 (8) If SELLER falls to perform, but Is not in default, all loan and sale processing and closing coats
250 incurred, whether the same were to be paid by BUYER or SELLER, will be the re
251 SELLER, and BUYER will be entitled to the return of the binder deposit(s). This will include the
252 responsibility of
253 transaction not closing because SELLER cannot dettver marketable title, or is unable to cure
Permitting/regulatory compliance issues, but shall not include failure to appraise or termination
254 pursuant to paragraph 14.
255 12. BINDER DISPUTE, WAIVER OF JURY TRiAL AND ATTORNEY FEES:
256 (A) In the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s), the
257 holder of the binder deposit(s) may file an interpleader action In accordance with applicable law to
258 determine entitlement to the binder deposit(s),and the inter leader's attorney's fees and costs shall
259 be deducted and paid from the binder dposits) and assessed against the non revailin
260 broker holding the binder deposil(s) may request the Issuance of an escrow disbursement order or
261 the Florida Division of Real Estate. In either event, BUYER and SELLER agree to be bound thereby,
262 and shall indemnify and hold harmless the holder of the binder deposit(s) from alt costs, attorney's
263 fees and damages upon disbursement In accordance therewith,
264 (9) All controversies and claims between BUYER, SELLER or Broker, directly or indirectly, arising out of
265 or relating to this Agreement or this transaction will be determined by non Jury trial. BUYER, SELLER
266 and Broker, jointly and severally, knowingly,
267 trial by jury in any litigation, action or ceeding involving and tBUYER,IySELLERno rBoker,t whether
268 arising directly or Indirectly from this Agreement or this transaction or relating thereto. Each party will
269 be liable for their own costs and attorney's fees except for interpleaders attorney's fees and casts
270 which shall be payable as set forth in paragraph 12(A),
271 13. PROPERTY DISCLOSURE: SELLER does hereby represent that SELLER has bagel authority and
272 capacity to convey the Property, and that no ether person ar entity has an ownership interest in the
273 Property. SELLER represents that SELLER has no knowledge of facts materially affecting the value of the
274 Property other than those which BUYER can readily observe except:_
275
276
277 SELLER further represents that the Property is not now and will not be prior to date of closing subject to a
278 municipal or county code enforcement proceeding and that no citation has been issued except:
279
280 — —
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Page 5 of 10
281 if the Property is or becomes subject to such a proceeding
282 with Florida Statutes 125.60 and 162,08; notwithstanding anything contained within said Statutes,
283 prior to date of dosing, SELLER shall Damply
SELLER shall be responsible for compliance with applicable cads and all orders issued in such
284 proceeding unless otherwise agreed herein. SELLER has received no written or verbal notice from any
285 governmental entity es to uncorrected environmental, regulatory/permitting, or safety code violations, and
286 SELLER has no knowledge of any repairs or Improvements made to the Property not then in compliance
287 with govemmental regutatlons/permitting except;
288
289
290 14, MAINTE
291 until NANCE, INSPECTION AND REPAIR: SELLER will maintain the Property In its present condition
292 closing, except for normal wear and tear, and SELLER will not engage in or permit any activity Met 293 would materially alter the Property's condition without the BUYER'S prior written consent, BUYER and 294 SELLER agree that the coat of inspections and investigations requested by BUYER are exempt from 295 paragraph 11 of this Agreement and will be paid by BUYER regardless of the outcome of this Agreement, 296 If BUYER elects not to have inspections and Investigations performed, BUY
`AS IS' condition as of the date ER f acceptance of this Agreement, BUYER will be responsible faccets the or repair of
297 alt damages to the Property in Its
298 Property to its pre -inspection condittiion. These obm ligations shell ections and survive termination of this agreemeations, and BUYER will nt.
. the
299
300 (A) Ins eclion of the Pro ea. Mark 1 or 2 below to deal nate whether an Ins ectIon Period
a(pp lea. if not marked the Inspection Period DOES NOTmaty.
301 (1) ❑ No In$naction Period, BUYER is satisfied that the Property is suitable for BUYER'S intended
302 use, including, but not—il to, (1) the zoning and an
303 the subdivision, deed or other restrictions that effect the proposed zoning changes of forathe Properly,
304 the Property, (Iv) the ava8abllity of concurrency for the Property,it , 4
305 Property, (III) the status any moratorium on
306 whether the property can be legally used for BUYER'S intendd , (v)vi) theconditionoof f the iPr utilities,
307 and (viii) all other matters concerning BUYER'S intended use of the Property. This Agreement Is NE
308 contingent on BUYER conducting any further Investigations.
309 (2) ® Ins action Period. BUYER may, at BUYER's expense, until 5:00 p.m., on ❑
310 acceptance of this (date) or ® 30 days (3D days, if felt blank) after date of
311 inspect the Property,
(the inspection Per od") perform such due diligence on, investigate and
312 perty, to determine whether or not the same is satisfactory to BUYER, 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, appraisals of the Property, title and survey
315 examination, soli testings and/or borings,
determinations, for BUYER'S Intended or otntia u permitting, of the cProperty. During such inspection ction Period•
316
317 BUYER will be provided acmes to the Properly to, among other things, inspect the Property, determine 318 the condition thereof, verify zoning, conduct engineering and environmental studies, feasibility tests,
determine use under zoning or the proposed 319 materials, and to determine the availability of wgatter, sewer, and ottheensive ar utilities, plan, test for hazardous
320 If BUYER determines, in BUYER'S sole discretion, that the Pro
321 prior to the expiration of the inspection Period, BUYER may give written notice eof BUYER's election to
322
323 terminate this Agreement, In which event the depostt(s) shall be returned to the BUYER and the parties 324 hereto shall be discharged from their obligations hereunder except as provided in this paragraph 14. 325 If this transaction does not close for any reason whatsoever, BUYER shalt be responsible to restore 326 the Property to its original condition. Promptry upon the completion of any inspection, examination or
test, BUYER shall restore the Property to Its former condition,
327
328 Prior to closing, BUYER shall not permit any liens to be placed on the Property arising from any action 329 of BUYER and if any such liens are placed on the Property, BUYER shall promptly remove such liens
by payment or bonding no later than the earlier of: (I) 10 days after demand thereof SELLER; or (h)
330 date of closing; or (iii) termination of this Agreement.
331 BUYER shell not engage in any activity on the Property other than inspections prior to closing 332 inspection rights shall be from the date of this Agreement to the earlier of; (I) closing or (ii) termination
333 (which
334 of Ibis Agreement even though the Inspection Period may have expired) without the prior written
335 consent of SELLER. BUYER and its employees, agents and contractors shall enter upon the Property
337
at their own risk and SELLER shall not be liable in any way for damages or acts suffered by such
336 parties.
338 Upon expiration of the Inspection Period, If BUYER has not terminated this Agreement, the deposit(s)
shall become NON-REFUNDABLE and, if BUYER fails to close for any reason other then SELLER's
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Page B of 10
330
340 default or SELLER'S Inability to perform, the deposit(s) shall be retained by SELLER as liquidated 341 damages and will be distributed pursuant to the temps of the listing agreement and this Agreement. 342 BUYER hereby agrees to defend, indemnify and hold SELLER harmless against any claims, costs,
damages, or liability arising out of BUYER's inspection/investigation of the Properly,
343 and reasonable attorney's fees. BUYER agrees to defend, indemnify and held SELLER harmless from
344 including costs
and against all liens on the Property filed by contractors, material suppliers, or Laborers performing
345 work and tests for BUYER, The indemnification and hold harmless provisions of this paragraph shall
346 survive any termination of this Agreement.
347348 (8) Access; SELLER will make the Pro
349 provided for Inspections and investigations in this 1paragrae for ph�and, if notons and , the timefor inspections tand
investigations will be extended by the time access was denied.
350
351 (C) Brokers Notice: Neither the Listing Broker nor Selling Broker warrants the condition, size or square 352 footage of the Property and neither is liable to BUYER or SELLER to any manner whatsoever for any 353 losses, damages, claims, sults, and costs regarding same. BUYER and SELLER hereby release and 354 hold harmless said Brokers and their licensees from any losses, damages, claims, suits, and costs 355 arising out of or occurring with respect to the condition, size ar square footage of the Property. Brokers 356 shall not be liable for the performance byany
ces
as courtesy. BUYERI and SEor LLERcmay se select their own
357 providers of services or products.
Brokers. Such recommendations ere mad
358 15. ZONING, RESTRICTIONS, CONCURRENCY, UTILITIES, AND INTENDED USE: BUYER will have the
359
360 Inspection Period, if applicable, to determine and verify: (i) the zoning and any proposed zoning changes 361 for the Property, 01) whether there are any subdivision, deed or other restrictions affecting the Property,
(111) the status of any moratorium on the Property,
362 (v)the status of
ofy es, onwhthe the (Iv) the availability of concurrency for the Property,
363 (vii) any other matter that could prevent BUYER's
rtintend dcan be l legally
enof the Profor peerty at'thetlime of closing.
364
365 Neither BUYER nor SELLER may initiate any change to any of the foregoing prior to closing without the 366 written consent of the other party. SELLER warrants and represents that there is ingress and egress to
and from the Property sufficient for its current use.
367 16. 1 SUBSURFACE AND ENVIRONMENTAL REPRESENTATIONS,
68 (A) 0 NO SUBSURFACE AND ENVIRONMENTAL REPRESENTATIONS. SELLER makes no
69
X50 representations or warranties concerning the environmental condition of the Property or the
Subsurface Condition of the Property as hereinafter defined.
371 (B) 0 SUBSURFACE AND ENVIRONMENTAL REPRESENTATIONS. SELLER makes the followin
373 representations concerning the environmental condition of the Property and the Subsurface Condition
374
of the Property. These representations shall survive closing. 375 (I) Subsurface Conditions. SELLER hereby represents to BUYER that, to the best of SELLER'S
knowledge: (a) there are no man-made adverse physical conditions on ar under any
376 Property Including, without limitation, burled debris, human burials or remains, archaeological sites,
377 landfills of an portion of the
378 y type, or hazardous wastes, and that the Property has not at any lime been used for any
such purpose; and (b) there are no other adverse physical conditions on or under any
379 Property Including, without limitation, muck, fault lines. sinkholes or other geological conditions or soli
380 conditions adverse to construction purposes (°Subsurface Conditions"). portion of the
381
382 (ii) SELLER hereby represents to BUYER that, to the best of SELLER'S knowledge; (a) the Property 383 and all uses of the Property have been, and presently are, in compliance with all federal, state, and 384 focal environmental laws; (b) no hazardous substances have been generated, stored, treated, or
p Pro transferred on the Property, rty, except as specifically disclosed to BUYER or permitted under
environmental tam (c) SELLER has no knowledge of any spill or environmental law violation on any
386
387 properly contiguous to the Property: (d) SELLER has not received ar otherwise obtained knowledge of
any spill or contamination on the Pro
388 Property. or any lawsuit, proceeding, or investigat investigation regard ng thor e handing of hazardous ed environmental lien against
substances
390
on the Property; end (e) SELLER has all permits necessary for an
ivi
being conducted on the Property and such permit are in full force and effffecn and operations currently
391 1:; ( POSSESSION:
,.,,.% 7 ® BUYER will be given possession at closing
......--:,-K. 3 394 0 BUYER will be given possession within days after the date of closing at no rental cost to SEL
If neither box Is marked then BUYER will be given possession at closing. LER.
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Page 7 of 10
395 18. PROPERTY INCLUDES: Included in the Purchase Price are all (if any) fencing, trees, timber, fill dirt,
396 minerals, alt es now existing or installed on the Property, and these additional items:
397
398
39919. ADDENDAIRIDERSIDiSCLOSURES:
400
401 If marked the following are attached hereto and made a part of this Agreement: 402 ['Homeowners' Association/Community Disclosure Addendum 403 ['Coastal Construction Control Line Disclosure Addendum
DI Short Sale Addendum
404 []Continued Marketing Addendum
406
405 ['Counter Offer Addendum (To accept a counteroffer, BUYER and SELLER must sign both this Agreement
and the Counter Offer Addendum)
407 ['Other (Specify here)
408
409
410 20.
411
412
413
414
415
416
ADDITIONAL TERMS AND CONDITIONS:1111M_
_BINDER GOES NONREF UNDABLE AFTER 30 DUE DILIGENCE DAYS FROM EXECUTION.
BUYER MAY EXTEND CLOSING30 DAYS WITH DD ITIONAL
OPTION PAYMENT. �NONRFFUNOApLE
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.
417 21. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: BUYER and SELLER acknowledge
418
419 receipt of a copy of this Agreement. Except for brokerage agreements, BUYER, SELLER and Broker agree 420 that the terms of this Agreement constitute the entire agreement between them and that they have not 421 received or relied on any representations by Brokers or any material regarding the Property including, but
not limited to, listing information, that are not expressed in this Agreement, No prior or present agreements
422 or representations will bind BUYER, SELLER or Brokers unless incorporated into this Agreement.
423
424 Modifications of this Agreement wriI not be binding unless in writing, signed and delivered by the party to be 425 bound. This Agreement and 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 427 reference only and shall not be deemed to control Interpretations. If any provision of this Agreement is or 428 becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. Neither this 429 Agreement nor any memorandum hereof will be recorded In any public records. For emphasis, some of the
provisions have been bolded and or ceitalized, but eve
430 should be reviewed and understood. No provision should every
edon lorn tdisregardeds ebecausnt Is e it is nand
ot in
431 bold or emphasized in some manner.
432 In the performance of the terms and aonalitions of this Agreement each party will deal fairly and in good
433 faith with the other. Notice to the Broker for a party shall be deemed notice to that party. All assignable
434
435 repair and treatment contracts and warranties are deemed assigned by SELLER to BUYER at closing 436 unless otherwise stated herein. SELLER agrees to sign ail documents necessary to accomplish same. at
BUYER'S expense, if any.
437 22, TIME IS OF THE ESSENCE IN THIS AGREEMENT: As used In this Agreement, "days" means calendar
438
439 days. Any time periods herein, other than the time of acceptance, which end on a Saturday, Sunday, or 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 shall end at 7:00 p.m, Eastern Time (ET).
441 23. NO OTHER AGREEMENTS AND BUYER'S AND SELLER'S NOTICES: BUYER and SELLER represent
442
44that they have not entered into any other agreements with real estate brokers other than those named
4444 below with regard to the Property. All notices, requests, and other communications required or permitted to 445 be given under this Agreement shall be In writing and shall be sent by certified mall, postage prepaid, 446 return receipt requested, or shall be hand delivered or delivered by a recognized national overnight courier 447 service, or shall be sent by facsimile, addressed as follows: 448 If to BUYER, to the BUYER'S Broker or to BUYER at the address or fax number hereinafter,.�
set forth, with a copy to Selling Broker, at the address or fax number hereinafter eel forth.
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Page 8 of 10
v ,
1116x1
449
450 If to SELLER, to the SELLER'S Broker or to SELLER at the address or fax number hereinafter set 451 forth, with a copy to Listing Broker, at the address or fax number hereinafter set forth.
452 or to any other address or addresses as any party may designate from time to time by written notice given 453 in accordance with this paragraph. Any such notice will be considered delivered: (1) on the date on which 454 the return receipt fa signed, delivery Is refused, or the notice Is designated bythe postal
deliverable, as the case may be If mailed; (2) on the date delivered by persoal delivery (3) on
the date
456 authority as not
455 delivered by a recognized national overnight courier service; or (4) on the date of successful transmission 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 a iprourtate ass'r�nment provision, If left blank, this Agreement Is 11.Q1 assignable
460 by BUYER,
461 Nil BUYER may not assign this Agreement without SELLER'S written consent which may be withheld in
462 ' Si,LER's sole and absolute discretion, provided, however, BUYER may assign without SELLER's
46 consent to an entity in which BUYER directly owns a majority or controlling Interest or as
follows:
\,415
466 25.
467
468
469
470
471
472
473
PROFESSIONAL ADVICE; NO BROKER LIABILITY: Broker advises BUYER and SELLER to verify all
facts and representations that are Important to them and to consult an appropriate professlonal 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 and facts that
materially affect the Property value, and BUYER expressly releases the Broker(s) from (lability for each of
the foregoing,
474 26. ESCROW DISCLOSURE: BUYER and SELLER agree that Broker may place escrow funds In an interest
475 bearing account pursuant to the rules and regulations of the Florida Real Estate Commission and retain
476 any interest earned as the cost associated with maintenance of said escrow.
477 27. SOCIAL SECURITY OR 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 Revenue Service Code Section 1031(which shall not delay the closing), in which event BUYER and
481 SELLER agree to sign documents required to effect the exchange, provided the non -exchanging party
482 shall not incur any costs, fees or liability as a result of or in connection with the exchange.
483 29. PAYOFF AUTHORIZATION: SELLER hereby authorizes the closing attorney/settlement agent to obtain
484 mortgage payoff letters (including from foreclosure attorneys) and Homeowners Association status letters
485 Oh behalf of SELLER.
486 30. FIRPTA TAX WITHHOLDING: If SELLER is a 'foreign person° as defined by the Foreign Investment in
487 Real Property Tax Act, the BUYER and SELLER shall comply with the Act, which may require SELLER to
488 provide additional funds at closing. SELLER agrees to disclose to closing attorneylsattlement agent
489 at least 10 days before closing if any SELLER is not a U. S. citizen or resident alien.
490 31. TIME OF ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY BUYER AND SELLER AND DELIVERED
491 TO BUYER AND SELLER OR THEIR RESPECTIVE BROKER (INCLUDING BY FAX AND
492 ELECTRONICALLY) ON OR BEFORE :01
493 WiLL TERMINATE, THE TIME FORR ACCEPTANCER. ❑ OF ANY COUNTER P.M.(OFFER SIHALLLFBE
494 HOURS (24 HOURS IF LEFT BLANK) FROM THE TIME THE COUNTER OFFER 18
495 DELIVERED,
496 32. DATE OF ACCEPTANCE The date of acceptance of this Agreement shall be the date on which this
497 Agreement is last executed by BUYER and SELLER and a fully executed copy has been delivered to
498 BUYER and SELLER.
499 If this Agreement is not understood, BUYER and SELLER should seek competent legal advice.
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Page 9 of 10
EXHIBIT A
RE: 172391-000D, 14951 ATLANTIC BLVD ATLANTIC BEACH, FL 32225
RE: 160877-0100, 0 WONDERWOOD BRG JACKSONVILLE, FL 32233
I+6, -(ll
500 .WIRE FRAUD ALERT. Criminals are hackin
501 settlement attorneys and others resultin,
502 the account of the criminal. Theemails loo etimate but the
503 to wire an- funds without ersonali s .eakin. with the intended reel '
504 routin nu b :• and the ac count number:. Bu er and Seller should not send nersohal inform
506 or
505 social se uri nu hers and credit card numbers exce .'t throu - h
,.._
email accounts of real estate agents, title companies.
In fraudulent t wire instructions beinc used to divert funds to.
k I i are not. Bu er and Seller are ad
lent of the wire to
mbers
ariat
Ter
bank accoun
t
o.the Intended re
erso
507
508 BUYER
509
510 BUYER
511
512 BUYER
513
514 BUYER
iced not
nfirm the
on such as
ecured email
DATE
DATE
SELLER
DATE SELLER
DATE
DATE
tuo
DAT
3 2.j/
TE
:Work If any SELL Reis nota U. S. Citizen or rdent alien.
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 at y
518 terms of this Agreement.
519
520 Company
By
depos
0 cash
tipdeposit(:
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
escrowed by the
525
526 Broker's State 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 Address
539
540 Phone for Selling Licensee
541
542 Licensee's State License ID
543 (BK or SL Real Estate Number)
VL
Firm Neme of Listing Broker
Broker's State License ID (BK Real Estate Number)
Phone for Listing Broker
Listing Braker Office Address
Listing Broker City, State, Zip Code
By;
Authorized Licensee Signature
Printed Name of Licensee
Email Address
Phone for Listing Licensee
Licensee's State License ID
(BK or SL Real Estate Number)
Page 10 of 10 1115r1
EXHIBIT C
AGENT AUTHORIZATION
OWNER'S AUTHORIZATION FOR AGENT
` it City of Atlantic Beach
r Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
01; 9" (P) 904-247-5800
OWNER INFORMATION
NAME Bridge Tenders LLc
ADDRESS P.O. Box 40606
CITY Jacksonville STATE FI
AGENT INFORMATION
PHONE#
CELL #
ZIP CODE 32203
NAME CLOG Land II PHONE # 904-551-2540
ADDRESS 1538 Hendricks Avenue Suite 2, CELL #
CITY Jacksonville
STATE FI ZIP CODE 32207
C L()C L avvT / ! `r-3rtdc(eUC
(ei's LL(
is hereby authorized to act on behalf of
the owner(s) of those lands described within the attached application and as described in the attached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
❑ BUILDING PERMIT 0 USE -BY -EXCEPTION 0 COMPREHENSIVE PLAN AMENDMENT
❑ TREE PERMIT p ZONING VARIANCE 0 PLAT, REPLAT OR LOT DIVISION
❑ SIGN PERMIT X❑ ZONING MAP AJ$ ENDMENT 0 OTHER
HEREBY CERTIFY THAT ALL INFORMATION PR yli_DtIAIS CORRECT: Signature of Property Owner(s) or Authorized Agent
e
Charles Chupp Managing Partner April 26 2019
SIGNATU NiEPRINT OR TYPE NAME DATE
SIGNATURE OF OWNER #2
Signed and sworn before me on this �G day of
ata.,- 11.5 e-Vl.ii
PRINT OR TYPE NAME
7Lvtq_by
Identiflcation verified:
Oath Sworn: 0 Yes
11 OWNERS AUTHORIZATION 03.01.2018
f,s ti BEVERLY KAYENICELEY
Notary publk • Stale of Florida
thAup Commlttlon d GO 24 521
/ My Comm, Expires Aug 7. 2027
Ranted ttux* Kula nal Notify Am,
DATE
State of Fly• -i d�
County of D14. -VAS_
Notary Signature
My Commission expires
OWNER'S AUTHORIZATION FOR AGENT
City of Atlantic Beach
Community Development Department
800 Seminole Road Atlantic Beach, FL 32233
(P) 904-247-5800
OWNER INFORMATION
NAME Bridge Tenders LLc
ADDRESS P.O. Box 40606
CITY Jacksonville
AGENT INFORMATION
NAME Zach Miller
PHONE # 904-633-6906
CELL #
STATE FI ZIP CODE 32203
PHONE # 904-386-5731
ADDRESS 501 Riverside Avenue, Suite 901 CELL #
CITY Jacksonville
STATE FL ZIP CODE 32202
Za ch 11(1 % f e r is hereby authorized to act on behalf of 311 C 4 e T�� r6sf e C G
the owner(s) of those lands described within the attached application and as described In the 1ttached deed or other such
proof of ownership as may be required, in applying to the City of Atlantic Beach, Florida, for an application related to a
Development Permit or other action pursuant to:
❑ BUILDING PERMIT ❑ USE -BY -EXCEPTION 0 COMPREHENSIVE PLAN AMENDMENT
❑ TREE PERMIT D ZONING VARIANCE 0 PLAT, REPLAT OR LOT DIVISION
❑ SIGN PERMIT ❑X ZONING MAP AMENDMENT ❑ OTHER
I HEREBY CERTIFY THAT ALL INFORM4TtON PRO] p
SIGN F or OWNER
SIGNATURE OF OWNER #2
OS CORRECT: Signature of Property Owner(s) or Authorized Agent
Charles O. Chupp, Managing Member Brldgetenders 04/26/19
PRINT OR TYPE NAME DATE
PRINT OR TYPE NAME
41
Signed and sworn before me on this o_ day of P. ,
CIR.Ap. k c7 Cl,t.►.
DATE
zoo by State of F LOrfaiL
Identification verified:
Oath Sworn: ❑ Yes No
17 OWNERS AUTHORIZA170N 03.01.2018
BEVERLY KAYE NICE.: •
(40 1 NoComm(svjonx ate::.. •••
41
�.
•,,o.M1,.r
MY Comm. bistro; •. •g � ?:ii
Bonded lhrouyhNa^.•: s •.+,se.
vy.
County of cPW✓
Notary Signatur
My Commission expires
EXHIBIT E
BINDING LETTER
BINDING SPA COMMITMENT
The undersigned, as the Agent for Bridge Tenders, LLC, the owner of property
described in the attached legal description does hereby executed this binding SPA
COMMITMENT to bind all successors and assigns in title to any commitments included within
the ordinance creating the special planned area pursuant to Ordinance
This document shall be recorded with the Clerk of the Courts of Duval County upon approval of
Ordinance by the Atlantic Beach City Commission and the expiration
of all appeal periods.
By: 77"1:i .i;.
Name:
Zach Miller, Esq.
Title: Agent
COUNTY OF DUVAL
STATE OF FLORIDA
The foregoing was acknowledged before me this en day of April by
2 0. CAA- 1 1 i \\. . v as � ae a— of
BY a,�d Q y 1 'L . He/She is
personally known to me or produced as identification.
TIFFANY GAYTON
Commleelon # 00286978
Expires Daoember 26, 2022
Bonded eudpot Missy Woo
Notary Publicignature
Print Name: ki 4-dhj,u‘
Commission Expires:
%aiau)a2,
EXHIBIT F
WRITTEN DESCRIPTION
JOHNSTON ISLAND SPECIAL PLANNED AREA DISTRICT
Ordinance
A. The following uses shall be permitted:
1. Up to two (2) restaurants open to the general public, subject to each of the following conditions:
a Customer dining seats shall not exceed one -hundred fifty (150) for each restaurant, including
indoor and outdoor dining seats.
h Fast-food drive-through restaurants shall not be permitted.
c Outside sale, service and consumption of food and beverages.
d Any live music shall be limited to that which uses no outdoor amplifiers of any kind, and any
music, whether played through speakers or performed live, shall not be audible at any level or
at any time beyond the limits of the open water of the Intracoastal Waterway.
e One restaurant may include an area permitting the retail sales, including food and beverages,
however, said area maynot exceed 30% percent of the area of the restaurant.
f The restaurants shall be located, generally, as shown on the attached site plan.
2. Floating docks or marinas on the east or west sides of the island for transient docking as may be
permitted, by the appropriate state and federal agencies.
3. Canoe/kayak landing areas, as shown on the attached site plan, subject to local permitting
requirements.
4. Above ground refueling stations for boats and watercraft, subject to all local, state and federal
permitting requirements.
5. Passive park and resource based recreation activities in the areas shown on the attached site plan.
These areas shall be open to the general public subject to hours of operations set by the
developer/owner. This space may be used for private events. All common areas shall be
maintained by the developer or a property owners association.
B. Development Standards:
Unless specifically and otherwise set forth herein, all applicable provisions of the City of Atlantic
Beach Land Development Regulations, as may be in effect at the time any permits are sought, shall
be applicable to development of this site.
- 1 -
Development pursuant to this SPA shall be in a single phase.
- 3-
JOHNSTON ISLAND SPECIAL PLANNED AREA DISTRICT
C. Limitations and Restrictions:
The following limitations, in addition to those that apply pursuant to applicable provisions of the
City's Land Development Regulations, shall apply to the use and development of lands described
herein:
i No boat wastewater shall be discharged into the onsite septic system. If a marina pumpout and/or
waste dump system are planned, they shall be designed such that waste is discharged into
separate collection tank(s) meeting applicable environmental and public health regulations, and
they shall be regularly serviced and maintained according to maintenance contracts with
contractors competent in the repair and service of pumpout and waste dump receptacle
equipment.
2 No dry storage of boats, trailers or derelict boats shall be permitted, except that canoes, kayaks
and similar non -motorized watercraft may be kept on the site.
3. Pervious (coquina, gravel, pavers, or porous concrete) materials shall be used in the parking area
to reduce the amount of impervious surface.
4 1 parking space shall be provided for every 4 restaurant seats on the property. Parking may
include parking with the FDOT right-of-way, subject to approval by FDOT.
5. This development amends and replaces the "Alternative Plan" approved pursuant to Ordinance
52-10-04. The development set forth herein pursuant to this written description and site plan shall
now constitute the "Alternative Plan." This SPA amends Section 2 of Ordinance 52-10-04,
specifically, once any development commences that is specific only to the Original Plan (as set
forth and approved by Ordinance 52-05-03), all rights to commence any uses specific only to the
Alternative Plan (as set forth in this written description and site plan) terminate, and conversely,
once any development commences that is specific only to the Alternative Plan (as set forth in this
written description and site plan), all rights to commence any uses specific only to the Original
Plan shall terminate.
D, Infrastructure
Electric and telecommunication lines shall be installed underground in accordance with the policies
of the utility provider. The Developer is responsible for the provision, construction and maintenance
of potable water and sanitary sewer facilities in accordance with the terms and requirements of the
City of Atlantic Beach Utility Department.
The development shall conform to the requirements of the St. Johns River Water Management
District and City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the
development shall be submitted to the City's Building and Public Works Departments for approval
prior to commencement of construction.
E. Access
Access will be provided to this SPA by utilizing the existing FDOT roadway that links the property
to Atlantic Boulevard.
F. Phases
EXHIBIT G
SITE PLAN