559 Ocean Blvd DEMO21-0034 Demo House, Garage, PoolOWNER:ADDRESS:CITY:STATE:ZIP:
SUMMER REIGN INC 2107 HENDRICKS AVE JACKSONVILLE FL 32207
COMPANY:ADDRESS:CITY:STATE:ZIP:
ELEV8 LAND CLEARING &
DEMOLITION 745 PLAZA JACKSONVILLE FL 32233
TYPE OF
CONSTRUCTION:
REAL ESTATE
NUMBER:ZONING:BUILDING USE
GROUP:SUBDIVISION:
170147 0000 ATLANTIC BEACH
JOB ADDRESS:PERMIT TYPE:DESCRIPTION: VALUE OF WORK:
559 OCEAN BLVD DEMO COMPLETE DEMO HOUSE, GARAGE AND
POOL $14000.00
LIST OF CONDITIONS
Roll off container company must be on City approved list . Container cannot be placed on City right-of-way.
1 PUBLIC UTILITIES UNDERGROUND WATER SEWER UTILITIES INFORMATIONAL
Notes:
Avoid damage to underground water and sewer utilities. Verify vertical and horizontal location of utilities. Hand dig if necessary. If field coordination is
needed, call 247-5878.
2 PUBLIC UTILITIES DISCONNECT AND CAP INFORMATIONAL
Notes:
Disconnect and cap water and sewer lines.
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property
that may be found in the public records of this county, and there may be additional permits required from other
governmental entities such as water management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN
YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT
MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
RECORDING YOUR NOTICE OF COMMENCEMENT.
MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION.
ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING
CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES .
ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY.
1 of 2Issued Date: 11/8/2021
PERMIT NUMBER
DEMO21-0034
ISSUED: 11/8/2021
EXPIRES: 5/7/2022
DEMO PERMIT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
FEES
DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT
DEMOLITION 455-0000-322-1000 0 $100.00
PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 $25.00
STATE DBPR SURCHARGE 455-0000-208-0700 0 $2.00
STATE DCA SURCHARGE 455-0000-208-0600 0 $2.00
TOTAL: $129.00
3 PUBLIC UTILITIES INSPECTION PRIOR TO DEMOLITION INFORMATIONAL
Notes:
MUST call the Inspection Line at 247-5814 to request an inspection of the disconnected and capped water and sewer lines PRIOR to demolition.
4 PUBLIC WORKS EROSION CONTROL INSTALLATION INFORMATIONAL
Notes:
Full erosion control measures must be installed and approved prior to beginning any earth disturbing activities. Contact the Inspection Line (904-247-
5814) to request an Erosion and Sediment Control Inspection prior to start of construction.
5 PUBLIC WORKS ROLL OFF CONTAINER INFORMATIONAL
Notes:
Roll off container company must be on City approved list. Approved list can be obtained at the Building Department at City Hall. Roll off container
cannot be placed on City right-of-way.
6 PUBLIC WORKS RIGHT OF WAY RESTORATION INFORMATIONAL
Notes:
Full right-of-way restoration, including sod, is required.
7 PUBLIC WORKS RUNOFF INFORMATIONAL
Notes:
All runoff must remain on-site. Cannot raise lot elevation.
8 PUBLIC WORKS DOCUMENT IMPERVIOUS AREA INFORMATIONAL
Notes:
Strongly suggest thorough documentation of impervious areas be recorded.
9 PUBLIC WORKS FENCING REMOVED INFORMATIONAL
Notes:
All old fencing and debris must be removed from job site by Contractor.
10 PUBLIC WORKS DECKING REMOVED INFORMATIONAL
Notes:
All old decking and debris must be removed from job site by Contractor.
11 PUBLIC WORKS INFRASTRUCTURE INFORMATIONAL
Notes:
Any damage done to infrastructure must be repaired by Contractor.
2 of 2Issued Date: 11/8/2021
PERMIT NUMBER
DEMO21-0034
ISSUED: 11/8/2021
EXPIRES: 5/7/2022
DEMO PERMIT
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FL 32233
DESCRIPTION ACCOUNT QTY PAID
PermitTRAK $129.00
DEMO21-0034 Address: 559 OCEAN BLVD APN: 170147 0000 $129.00
BUILDING $100.00
DEMOLITION 455-0000-322-1000 0 $100.00
PUBLIC WORKS PLAN REVIEW $25.00
PW REVIEW BUILDING MOD OR ROW 001-0000-329-1004 0 $25.00
STATE SURCHARGES $4.00
STATE DBPR SURCHARGE 455-0000-208-0700 0 $2.00
STATE DCA SURCHARGE 455-0000-208-0600 0 $2.00
TOTAL FEES PAID BY RECEIPT: R17953 $129.00
Printed: Monday, November 8, 2021 8:33 AM
Date Paid: Monday, November 08, 2021
Paid By: ELEV8 LAND CLEARING & DEMOLITION
Pay Method: CREDIT CARD 542757720
1 of 1
Cashier: CG
Cash Register Receipt
City of Atlantic Beach
Receipt Number
R17953
Final Plumbing
Final Electrical
Final HVAC
CC Final
Final Building*
Swimming Pool Steel
Swimming Pool Safety
Electrical Grounding & Bonding
Swimming Pool Final (Bldg)
Swimming Pool Final (PW)
Formed Columns/ Beams*
Masonry Cell Fill
Structural Steel*
OTHER:
OTHER:
OTHER:
OTHER:
OTHER:
Power Pole
Silt Fence
Piers/ Stem Walls
Underground Plumbing
Underground Electric
Foundation/ Footing
Slab**
Retaining Wall Footing
Driveway
Sewer (Building Dept)
Sewer Tap (Utilities Dept)
Rough Electric*
Rough Plumbing/ Top Out*
Rough Mechanical*
House Wrap
Wall Sheathing
Roof Sheathing
Tie-down Framing Connections
Rough Framing
Roofing In Progress
Window/Door In-Progress
Insulation Ceiling
Insulation Wall
Exterior Lath
Stucco Scratch Coat
Exterior Siding In-Progress
Brick Flashing & Ties
Early Power
Gas Rough
Gas Final*
* When all rough electric, plumbing, mechanical are complete but before any work is
covered up.
* When all gas piping is complete and wallboard is installed but before gas is
attached to any appliance. All outlets must be capped and pipe pressurized at a
minimum of 15 lbs.
* For new living space: When all construction work including electrical, plumbing,
mechanical, exterior finish, grading, required paving and landscaping is complete
and the building is ready for occupancy, but before being occupied
Additional inspections may apply to your project if your project
contains these elements:
INSPECTIONS REQUIRED FOR BUILDING PERMITS
To verify compliance with building codes, inspections of the work authorized are required at various points of the construction.
The following inspections are typically required for residential projects:
Date: Initial: Date: Initial:
_____________________________________________________
Permit Type
____________________________________________________
Permit No.
__________________________________________________________
Job Address
____________________________________________________
Contractor
POST THIS CARD WITH PERMITS AND PERMIT
DOCUMENTATION IN FRONT OF BUILDING
Construction Hours per City Code: 7am—7pm Weekdays; 9am—7pm Weekends
Building Department Public Works/Utilities Fire Department
Phone: 904-247-5826 Phone: 904-247-5834 Phone: 904-630-4789
Fax: 904-247-5845 Fax: 904-247-5843 Fax: 904-630-4203
* When forms and reinforcing steel, anchor bolts, sleeves and inserts, and all
electrical, plumbing and mechanical work is in place, but before concrete is poured.
* When all structural steel members are in place and all connections are complete,
but before such work is covered or concealed.
** FORM BOARD ELEVATION CERTIFICATE MUST BE ON-SITE FOR SLAB INSPECTION
DEMO21-0034
DEMO21-0034
Initial SRI: Contractor: Page of 151
Summer Reign, Inc.
2107 Hendricks Avenue
Jacksonville, FL 32207
(904) 399-8616 info@summerreign.net
DEMOLITION AGREEMENT
THIS DEMOLITION AGREEMENT (This Demolition Agreement, all Addenda and
Exhibits are hereinafter collectively referred to as the “AGREEMENT”) is made effective as of
September 30, 2021, (“Effective Date”) by and between Summer Reign, Inc., a Delaware
corporation, whose address is 2107 Hendricks Avenue, Suite 202, Jacksonville, Florida 32207
(“Owner”), and Elev8 Demolition, CGC 1528313 “Certified General Contractor”), whose
address is 2825 Mayport Road, Jacksonville, Florida 32233 (“Contractor”). Referred to as
“Contractor.” Owner and Contractor are herein collectively referred to as Parties and singularly
as Party.
WHEREAS, Owner is the owner of the lot located at 559 Ocean Blvd, Atlantic Beach, FL
32233, which is further described in Section 1 of this Agreement (“Lot”) and desires to engage
Contractor to demolish a residence (“Residence”) pursuant to the terms of this Agreement and
Contractor desires to be engaged by Owner to demolish the Residence pursuant to the terms of
this Agreement;
WHEREAS, Contractor is a Florida entity and qualified licensed contractor pursuant to
Florida law under the license number: CGC Certified General Contractor 1528313.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
Parties hereto hereby agree as follows:
1. DEMOLITION OF RESIDENCE:
A. Contractor hereby acknowledges, promises, and agrees that Contractor shall, for the
consideration hereinafter stated in this Agreement, complete all aspects of the attached scope of
work specifications in accordance with all conditions of the permit for the site identified as
follows:
Site Address: 559 Ocean Blvd, Atlantic Beach, FL 32233
R/E Number:
County: Duval
B. The Residence shall be demolished in accordance with the specifications set forth on
Addendum A and Addendum B (Elev8 Demolition proposal and Site Plan Vegetation Removal)
which is attached to this Agreement and incorporated herein by reference. Addendum A referred
to as the “Scope of Work.”
2. SCOPE OF WORK:
The Scope of Work is the official description of the work that shall be completed durning
the contract and is as follows:
A. Demolition: Complete demolition and disposal of house, foundation, detached garage,
Pool, remove concrete pool shell and back fill to original grade, grade and seed lot post
demolition. To include orange barricade on the west end of the property line extending from
the north to south (chain link to chain link fence). All pool equipment to be
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removed, A/C’s and concrete pad, back trellis and concrete pad, removal of (2) dead palm
trees noted on the Vegetation Removal Addendum and fill/smooth all holes and level/grade lot
to City of Atlantic Beach standards. Leave site clean and clear to SRI satisfaction.
B.Driveway Demolition: Complete demolition and disposal of driveway include 1st joint
east of the sidewalk all the way back to the detached garage.
C.Utility Service Disconnections: Disconnection of power to the building, cutting and
capping the water and sewer near the northwest side of the property line. To be marked and
located with Owner prior to start of work.
D.Atlantic Beach Demolition Permitting: Produce site survey/ site plan that includes trees
location. Pull demolition permit, Install silt fence for drainage protection, install tree
protection barricades and all other items required by City of Atlantic Beach for demolition
permit.
3. CONTRACTOR’S OBLIGATIONS PURSUANT TO FLORIDA LIEN LAW:
CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR ENSURING THAT
CONTRACTOR AND ITS SUBCONTRACTORS ADHERE TO AND FOLLOW
FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA
STATUTES). TO PREVENT THOSE WHO WORK ON OWNER’S PROPERTY OR WHO
PROVIDE MATERIALS ON THE LOT, AND WHO ARE NOT PAID IN FULL AND MAY
HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST
OWNER’S PROPERTY. CONTRACTOR AGREES TO TAKE ALL REASONABLE STEPS
TO ENSURE THAT ALL SUBCONTRACTORS, VENDORS OR MATERIAL SUPPLIERS
ARE NOT NEGLECTED WITH RESPECT TO BEING PAID AS REQUIRED BY
CONTRACTOR AND WILL ENSURE ALL PAYMENTS TO ALL WHO ARE ENTITLED
TO BE PAID ARE PAID AS REQUIRED, INCLUDING, BUT NOT LIMITED TO
CONTRACTOR’S OBLIGATION TO ENSURE ITS SUBCONTRACTORS PAY THE
SUBCONTRACTOR’S SUB-SUBCONTRACTORS. IF OWNER FAILS TO PAY
CONTRACTOR, CONTRACTOR MAY HAVE A LIEN ON OWNER’S PROPERTY.
HOWEVER, IF OWNER PROVIDES CONTRACTOR WITH A REASONABLE
EXPLANATION OF THE DELAY IN PAYMENT, CONTRACTOR AGREES NOT TO
RECORD A LIEN UNTIL THE MATTER IS RESOLVED BETWEEN THE PARTIES.
NOTWITHSTANDING THE PRECEDING, CONTRACTOR ACKNOWLEDGES
AND AGREES THAT UPON REQUEST BY OWNER, AND AT AGREED UPON
INTERVALS IN THE CONSTRUCTION PROCESS, CONTRACTOR WILL KEEP
OWNER UPDATED AS TO THE PAYMENT FOR ALL SUPPLIES, VENDORS,
SUBCONTRACTORS, MATERIAL SUPPLIERS AND PROOF THAT ITS
SUBCONTRACTORS HAVE PAID ITS SUB-SUBCONTRACTORS. IF, AT ANY TIME,
OWNER BECOMES AWARE OF ANY NOTICE OF INTENT TO LIEN, OWNER WILL
NOTIFY CONTRACTOR WITHIN A REASONABLE AMOUNT OF TIME AND
CONTRACTOR SHALL RESPOND TO OWNER WITHIN THREE (3) WORKING DAYS
OF RECEIPT OF SUCH NOTICE FROM OWNER, BUT IN NO EVENT SHALL
CONTRACTOR EXTEND THE TIME TO RESPOND BEYOND THE DEADLINE FOR
CLEARING UP ANY NOTICE OF INTENT TO LIEN BEFORE AN ACTUAL LIEN
IS PLACED. CONTRACTOR REMAINS FULLY AND SOLELY RESPONSIBLE FOR
PAYMENT OF ALL SUBCONTRACTORS, VENDORS, MATERIAL SUPPLIERS AND
SUB-SUBCONTRACTORS, WHO ARE ENGAGED BY CONTRACTOR OR ITS
SUBCONTRACTORS TO PROVIDE WORK OR MATERIALS AT THE LOT AND
RESIDENCE.
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4. CONTRACT PRICE:
Owner acknowledges and agrees to pay Contractor, as an all-inclusive compensation and
payment pursuant to this Agreement, the amounts as contained in this Section 3 (hereinafter
referred to as “Contract Price”) in the sum of $14,000.00 (Fourteen Thousand, and 00/100
Dollars). The Contract Price shall be paid to Contractor upon final passing of inspection with the
The City of Atlantic Beach Representative and the completion date.
5. DEMOLITION START DATE AND PROVISIONS RELATING TO COMPLETION
DATE:
A. Demolition Start Date:
Time is of the essence of this Contract. Therefore, Contractor acknowledges and agrees
that it is Contractor’s responsibility to use his and/or her best effort to start DEMOLITION
WITHIN thirty (31) calendar days from the Effective Date, which all be deemed the date this
contract is signed by both parties (the “Demolition Start Date”).
B. Completion Date:
Contractor acknowledges and agrees that the completion date for the demolition of the
Residence shall be no later than November 12, 2021 (“Completion Date”). For the purpose of
this Agreement Completion Date shall mean when the demolition is finished and approved for
Final inspection by The City of Atlantic Beach Representative.
C. Contractor acknowledges and agrees that Contractor:
1. Shall perform all work required pursuant to this Agreement, whether by Contractor, its
vendors, or subcontractors, in a good and workmanlike manner consistent with the highest
industry standards and free from defects;
2. Shall comply with all relevant building codes, county, state and federal laws and
ordinances, rules and regulations of all governing agencies and authorities related to the
Demolition.
3. Contractor shall maintain a clean and non-obstructed site consistent with the highest
industry standards and agrees to comply with the Owner’s requirement for the Contractor’s daily
inspection of, clearing of, and paying, if necessary, for daily trash or other debris removal from
the Lot/Residence as well as the proper storage in an appropriate and approved waste container
maintained on the Lot. Contractor shall be responsible for the payment of any costs or fees
associated with the Owner having to remove any debris from the Lot or Residence due to
Contractor’s failure to do so.
6. INSURANCE:
Contractor shall obtain and pay for workmen’s compensation and general liability insurance
as set forth below and all other necessary insurance, as required by Owner and shall furnish a
Certificate of Insurance and endorsement to the policy, as applicable, evidencing such coverage
prior to commencement of any work. Certificates of Insurance and additional insured
endorsements shall be sent to Lisa Pugh at leonln32@gmail.com. Owner reserves the right
to request Contractor to provide certified copies of any insurance policies required under this
Agreement.
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The amounts and types of insurance shall conform to the following minimum requirement.
Current Insurance Service Office (ISO) policies, forms, and endorsements or broader shall be
used where applicable. Notwithstanding the foregoing, the wording of all policies, forms and
endorsements must be acceptable to Owner.
A. Workers’ Compensation and Employers’ Liability Insurance shall be maintained in
force during the terms of this Agreement for all employees engaged in the work under this
Agreement, in accordance with the laws of the state of Florida. The amount of the Employers’
Liability Insurance shall not be less than the amount required below, Florida law, or the
following, whichever is greater:
Workers’ Compensation Florida Statutory Requirement
Employers Liability $500,000 Limit Each Accident
$500,000 Limit Disease Aggregate
$500,000 Limit Disease Each Employee
B. Commercial General Liability Insurance shall be maintained by Contractor during the
period of demolition, and for one year following the Owner’s acceptance of the project or for a
longer period if required by the Contract Documents. Coverage shall include but not be limited
to Premises and Operations, Per Project Aggregate, Personal Injury, Contractual for this
Agreement, Independent Subcontractors, Broad Form Property Damage, Products & Completed
Operations. Limits of the coverage shall be at least the amount required in this Agreement, under
state law, or the following, whichever is greater:
Bodily Injury & $1,000,000
Combined Single Limit Occurrence
Property Damage Liability $2,000,000 Combined Single Limit Aggregate
C. Business Automobile Liability Insurance shall be maintained by Contractor as to
ownership, maintenance and use of all owned; non-owned, leased or hired vehicles with limits of
not less than the amount required in this Agreement, state law, or the following, whichever is
greater:
Bodily Injury Liability $500,000 Limit Each Person
Property Damage Liability $500,000 Limit Each Accident
or
Bodily Injury & Property $500,000 Combined Single Limit Each
Damage Liability Accident
All policies, except for workers’ compensation policies, shall name Owner as additional
insured, provide a waiver of subrogation in favor of Owner, and provide primary coverage non-
contributing (with any other coverage obtained by or for Owner to be deemed as excess only) by
written endorsement to the policy. All insurance shall expressly provide that no amendment or
cancellation of any policy shall be effective until after 30 days’ written notice to Owner. Before
starting any work, and at any time Owner so requests, Contractor shall furnish certificates and
endorsements to the insurance policies satisfactory to Owner evidencing the required insurance.
The failure of Contractor to supply such certificates and endorsements or any payment by Owner
prior to receipt of certificates and endorsements shall not diminish Contractor’s duty to maintain
the required insurance or to supply such certificates and endorsements. All policies provided by
Contractor shall be with insurance companies rated A- VII or better by A.M. Best Company.
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7. INDEMNIFICATION:
The Contractor shall indemnify, protect, defend, and hold harmless, to the fullest extent
permitted by law, the Owner and all of its agents, officers, directors, employees and affiliates
from and against all claims, damages, losses, expenses, and legal fees directly or indirectly
arising out of, pertaining to, caused by, or resulting from any wrongdoing, negligence, and/or
breach of this Agreement by the Contractor, alleged or otherwise, that is related to the demolition
of the Residence including, but not limited to, the negligence, and/or any act or omission, of the
Contractor or any of Contractor’s agents, contractors, subcontractors, vendors, suppliers or other
agents of Contractor. This indemnification does not require Contractor to indemnify Owner for
the negligence and/or acts or omissions of Owner.
Contractor shall promptly provide Owner hard copy written notice of any action,
administrative or legal proceeding or investigation as to which this indemnification may apply,
and Contractor, at its expense, shall assume on behalf of the Owner, and conduct with due
diligence and in good faith, the defense thereof with counsel satisfactory to Owner to the fullest
extent practicable under Contractor’s insurance policies; provided, however, that Owner shall
have the right, at its option, to be represented therein by advisory council of its own selection and
its own expense. In the event of a failure by Contractor to fully perform in accordance with this
indemnification paragraph, Owner, at its option, and without relieving Contractor of its
obligations hereunder, may so perform, but all costs and expenses so incurred by Owner in that
event shall be reimbursed by Contractor, together with interest on the same from the date any
such expense was paid by Owner until reimbursed by Contractor, at the rate of interest provided
to be paid on judgments under the laws of the State of Florida. This indemnification shall not be
limited to damages, compensation or benefits payable under insurance policies, workers’
compensation acts, disability benefit acts or other employees’ benefit acts. The Contractor’s duty
to defend and duty to indemnify Owner shall survive expiration or termination of this Agreement
and/or completion of the Contractor’s work and shall continue until such time it is determined by
final judgment that the claim against Owner is fully and finally barred by the statute of
limitations and/or statute of repose. Contractor’s defense and indemnification obligations shall
not be limited by the amounts types of insurance that Contractor is required to carry under the
agreement.
8. UTILITIES AND SITE PREPARATION:
A. Utilities will be disconnected and Contractor will terminate sewer/water tap by the
property line as well as disconnect power from both the main house as well as the separate
garage. Notwithstanding any other provision in this Section 7, Contractor acknowledges and
agrees that Owner shall be responsible for reasonable utility fees (water, electricity). However,
Contractor shall be solely and fully responsible for all costs charged to Owner’s utility
account(s) for excessive utilities or water usage, and costs, caused by the negligence of
Contractor or its subcontractors. For the purposes of this Agreement, Contractor’s negligence
shall mean and include, but not be limited to, Contractor failing to secure all water supplies to
ensure they are turned off, failing to recognize faulty toilets or burst pipes, or all sewage lines
from the house whereby Contractor’s reasonable efforts would have prevented excessive costs.
B. Erosion and Sedimentation Control: Is the sole responsibility of the Contractor, who
shall maintain the existing silt fence for the duration and/or final payment.
9. DEFAULT:
A. In the event either Party fails to perform or breaches any of the terms of this
Agreement, the non-breaching party shall provide the breaching Party with a hard copy written
notice describing in full detail the alleged breach.
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B. The breaching Party shall have ten (10) business days from the date of receipt of such
written notice to remedy its breach and/or failure to perform in accordance with the terms and
provisions of this Agreement, except for a monetary breach which shall be cured within five
(5) business days from the date of receipt of notice thereof.
C. In the event Contractor’s breach is in connection to Contractor’s failure to maintain the
Lot in accordance with Section 7 of this Agreement, Contractor shall only be permitted three
(3) business days to cure said breach.
10. LIQUIDATED DAMAGES:
The Parties understand and agree that it would be difficult to determine damages to Owner
for Contractor’s failure to meet the Completion Date. Additionally, the Parties acknowledge that
they would like to have liquidated damages to avoid litigation of this issue should the situation
arise. Therefore, the Parties expressly agree as a material part of this Agreement: (i) that the
damages arising out of a breach of Contractor’s ability to complete the demolition of the
Residence by the Completion Date could not be ascertained at the time that this Agreement was
entered into; and, (ii) that the amount of liquidated damages are not grossly disproportionate to
the damages that could reasonably be expected to flow from the Contractor’s breach of the
Completion Date.
11. ARBITRATION OF DISPUTES:
In the event a dispute arises from or relates to this Agreement, any purported breach hereof,
or in connection with any services provided hereunder, whether based on contractual rights,
statutory rights, or tort law, or in connection with this Agreement, including with respect to the
formation, applicability, breach, termination, validity or enforceability thereof, if the dispute is
not resolved between the Parties within thirty (30) calendar days from the date both Parties
acknowledged the dispute whether in writing or by email, the Parties agree to submit all
unresolved disputes to binding Final Offer Arbitration administered by the American
Arbitration Association (“AAA”) in accordance with the AAA Construction Industry Arbitration
Rules and Mediation Procedures and the AAA Final Offer Arbitration Supplementary Rules. The
arbitration award shall be final and binding on the Parties and the Parties shall undertake to carry
out the award without delay. The award rendered by the arbitrator may be entered in any court
having jurisdiction of the award or the relevant party or assets thereof. In the event of an
arbitration, the arbitrator shall have no authority to award punitive or other damages not
measured by the prevailing party’s actual damages, except as may be required by statute. The
prevailing Party shall not be entitled to an award of reasonable attorneys’ fees and all fees and
expenses of the arbitration proceeding, including the filing fees, administrative fees, and
arbitrator fees shall be shared equally by the Parties. Notwithstanding any provision contained
within the AAA Rules to the contrary, any arbitration between the Parties shall be conducted by a
sole arbitrator experienced in the area of construction selected by the Parties through the AAA.
12. NOTICES:
In the event that more than one person or entity is listed as Owner or Contractor, any written notice
given by one Part to the other Part shall constitute the required written notice to that Party as if it was
delivered to all persons/entities listed for the receiving Party. Any notice or approval required pursuant to
this Agreement may be sent: (I) postage prepaid with return receipt requested to the applicable party at the
address sown on the first page of this Agreement; (ii) hand-delivered with signature acknowledgement of
such hand delivery; (iii) via email with delivery notification service requested and confirmed;
Notwithstanding the preceding in this Section 11 any notice provided by one Party to the other Party that
requires approval by the Party not providing notice, requires such notice item to be Approved in Hard
Copy Writing.
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13. ENTIRE AGREEMENT:
This Agreement supersedes any and all understandings and discussions between the Parties
with respect to the subject matter hereof. Any representation of inducements heretofore made
which are not included and embodied in this Agreement shall be of no force or effect. This
Agreement may be modified or amended only in writing executed by all Parties; and any and all
prior discussions, negotiations or representations which are not specifically set forth in this
Agreement or in any Addenda or Exhibits shall be null and void and of no force and effect.
Both Parties agree that neither Party has relied upon any oral representations or communications
of the other Party which are not specifically set forth in this Agreement. The Contractor
acknowledges and agrees that neither a sales agent nor the project manager, who may be acting
on behalf of the Contractor, shall be an authorized officer of the Contractor for the purposes of
executing this Agreement or any Addenda as noted herein.
14. SEVERABILITY:
If a provision of this Agreement or a portion thereof is rendered invalid, void, unlawful, or
unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof
shall remain in full force and effect.
15. WAIVER:
Waiver of breach of any part of this Agreement shall not constitute waiver of another
breach. Either Party’s failure to enforce a provision of this Agreement shall not constitute a
waiver or create an estoppel from enforcing such provision as it relates to breaches of the same
nature later. Any waiver of a provision of this Agreement shall not be binding unless such waiver
is reduced to writing and Approved in Writing by the Party waiving such provision.
16. GOVERNING LAW:
This Agreement shall be governed by the laws of the State of Florida, without regard to any
rules of conflict or choice of laws which require the application of laws of another jurisdiction,
and venue for mediation and arbitration shall be proper exclusively in, Duval County, Florida.
17. CAPTIONS:
The headings and captions of this Agreement are inserted for convenience of reference and
do not define, limit, or describe the scope or intent of this Agreement or any particular section,
paragraph, or provision.
18. ASSURANCES:
Each Party hereby represents and warrants that all representations, warranties, recitals,
statements, and information provided to each other pursuant to this Agreement are true, correct,
and accurate to the best of their knowledge.
19. CONSTRUCTION LIEN LAW DISCLOSURE:
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS
713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY
OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-
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SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE
OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU
HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD
AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES
THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.
TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT
BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO
PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR
COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S
CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU
CONSULT AN ATTORNEY.
20. TERMINATION:
The Owner may, after providing notice to the Contractor as set forth in this Agreement,
terminate this Agreement without prejudice to any other remedy the Owner may have, when the
Contractor defaults in performance of any provision of the Agreement or fails to carry out the
demolition in accordance with the provisions of the contract documents. In addition, should the
Parties fail to agree to Section 19 Owner has the right to terminate this agreement. On
termination under these circumstances, the Owner may take possession of the work site and all
materials, equipment, tools, and machinery on it and finish the work in whatever way the Owner
deems expedient.
The Parties have executed this Agreement as of the date noted
below.
“OWNER”
SUMMER REIGN, INC., a Delaware corporation
2107 Hendricks Ave. Suite 202, Jacksonville, FL 32207
BY:
Lisa Pugh, Date
Manager of Business Support
“CONTRACTOR”
Elev8 Demolition, a Florida corporation,
2825 Mayport Road Jacksonville Florida 32233
BY:
Shannon Barr Date
Its:
President Date
9
Ben Pfotenhauer,
Partner
10/12/2021
Initial SRI: Contractor: Page of 159
ADDENDA
The Addenda are part Agreement between Owner and Contractor. Any term not otherwise
defined in each Addenda shall have the meaning set forth in the Agreement. The below
designated Addenda are attached hereto and made a part hereof:
( X ) Addendum A: Site Plan Mock Up Vegetation Removal
9
PUBLIC UTILITIES PLAN REVIEW COMMENTS
Date: Application #:
Project Address:
APPLICATION TRACKING COMMENTS
Check Box
to Add
Comment
Check
Box to
Print
Underground
Water Sewer
Utilities
Avoid damage to underground water and sewer utilities. Verify vertical and
horizontal location of utilities. Hand dig if necessary. If field coordination is
needed, call 247-5878.
Meter Boxes
Sewer
Cleanout
Ensure all meter boxes, sewer cleanouts and valve covers are set to grade
and visible.
RT1 Sewer
Cleanout
A sewer cleanout must be installed at the property line. Cleanout must be
covered with an RT1 concrete box with metal lid. Cleanout to be set to grade
and visible.
RPZ Backflow
A reduced pressure zone backflow preventer must be installed if irrigation will
be provided or if there is a private well on the property. Backflow preventer
must be tested by a certified tester and a copy of the results sent to Public
Utilities.
Sensus
Touch-Read
Meter
Plans note the building will be unsprinkled. If plans change, any fire line
installed must be metered with a Sensus touch-read meter in a properly sized
vault and an appropriate backflow preventer installed. Backflow preventer
must be tested by a certified tester and a copy of the results sent to Public
Utilities.
Fire Sprinkler
Backflow
Requirement
If fire sprinkler system is provided, call 247-5878 for backflow requirements.
At a minimum, will require a double check backflow preventer.
Fire Line
Meter
Fire lines must be metered with a Sensus touch-read meter. Meters larger
than 2” must be installed in a vault as noted in JEA specifications.
Utility Map See attached Utility Map.
Disconnect
& Cap
Disconnect and cap water and sewer lines.
Inspection
Prior
MUST call the Inspection Line at 247-5814 to request an inspection of the
disconnected and capped water and sewer lines PRIOR to demolition.
Utility
Inspections
All water & sewer utility connections must be inspected prior to cover up.
Please call the inspection line at 247-5814 to schedule inspections 24 hours in
advance. Failure to schedule utility connections may result in failed
inspections and additional fees, and delays in utility services.
System
Development
Fees
All fees must be paid for water & sewer connections before meters will be set.
Please call the finance department customer service line 247-5816 to
coordinate payment of fees.