65 SHELL STREET DEMO APP 9-19-13 City of Atlantic Beach APPLICATION NUMBER
Building Department (To be assigned by the Building Department.)
r •'��'-.•� 800 Seminole Road
Atlantic Beach, Florida 32233-5445
Phone(904)247-5826 Fax(904)247-5845
E-mail: building-dept @coab.us Date routed:
11 City web-site: hitp://www.coab.us
APPLICATION REVIEW AND TRACKING FORM
Property Address: Department review required Yes No
Building
Applicant: AL PI nning &Zoning
�7�- Tr ministrator
Project: DgM,Q J✓ i CZA e-i � Public Works
Public Utilities
Public Safety
Fire Services
Review fee $ Dept Signature
Other Agency Review or Permit Required EReview or ReceiptDate Verified B
Florida Dept.of Environmental Protection
Florida Dept.of Transportation
St.Johns River Water Management District
Army Corps of Engineers
Division of Hotels and Restaurants
Division of Alcoholic Beverages and Tobacco
Other.
APPLICATION STATUS
Reviewing Department First Review: QApproved. ❑Denied.
(Circle one.) Comments:
BUILDING
PLANNING &ZONING Reviewed by: Date:
TREE ADMIN. Second Review:
QApproved as revised. ❑Denied.
PUBLIC WORKS Comments:
PUBLIC UTILITIES
PUBLIC SAFETY Reviewed by: Date:
FIRE SERVICES Third Review: []Approved as revised. []Denied.
Comments:
Reviewed by: Date:
Revised 05114/09
BUILDING PERMIT APPLICATION FFS@EP __CITY OF ATLANTIC BEACH Q [Y]800 Seminole Road, Atlantic Beach, FL 3223
Office (904) 247-5826 Fax (904) 247-5845 18 2013
Job Address: Permit
Legal Description Parcel#
v� Floor Area of q. t. 2G,�;o q, t
Valuation of Work$ �2D— Proposed Work heated/cooled non-heated/cooled
Class of Work(circle one): New Addition Alteration Repair De
Move molition pool/spa window/door
Use of existing/proposed structure(s) (circle one): Commert;ial Residential
If an existing structure,is a fire sprinkler system installed? (Circle one): Yes No N/A
Florida Product Approval#
For multiple products use product approval form
Describe in detail the type of work to be performed: 1,06waloe- cr=
AivUS6
Property Ow er of rinat'on:
Name: Q Address:C f7 lfl3 "i vi
City State Zip hone ISM
E-Mail or Fax#(Optional)
Contractor Information: CONTRACTOR EMAIL ADDRESS:
Company Na e: H.aG Qualifying Agent: 4 7ER J.
Address: Ad. �C/7�tJ
iP/�N�GT6�2
2 o 7 City cleSOxV yte_ e" State A-L Zip 3 Z2o 3
Office Phone( �0V)3-5Y-2013 Job Site/Contact Number y�/� 9�z-I/ZSr� Fax# �d�l� 3SY-2
State Certification/Registration# C'�C OS�d�S"
Architect Name&Phone#
Engineer's Name&Phone#
Fee Simple Title Holder Name and Address
Bonding Company Name and Address
Mortgage Lender Name and Address
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the
issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. This permit becomes null
and void if work is not commenced within six(6)months, or if construction or work is suspended or abandoned for a period of siz(6)months at any time after
work is commenced. I understand that separate permits must be secured for Electrical Work,Plumbing,Signs, Wells,Pools,Furnaces,Boilers,Heaters,
Tanks and Air Conditioners,etc.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
YOUR LENDER OR AN A TORNEY BEFORE RECORDING YOUR NOTICE OF
OMMENCEMENT.
I hereby certify that I have read and amin t ' a I tion and know the same to be true and correct. All provisions of laws and ordinances governing this
type o work will be complied wit heth s ci ae erein or not. The granting of a permit does not presume to give authority to violate or cancel the
provisions of any oth or 1 al aw re lating construction or the performance of construction.
Signature of ne Signature of Cont
Print Name
. . . ................... .. .................... Print Name �T� . N Kf!f ..% ..................................
Before rr_V� Before
this_�' Day of 20 1 this bay of Z TVW B 20
CANDY DANIEU A 1A
Notary Public Notary ubhc,State o Ronde Notary Public
My Comm.Expires Aug.2,2016 No�y p�ugllo sue.of Florida
Commission No.EE 198161 StalllVYe01.26.10
My 04MMieieien ss 189021
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IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO: 15-2012-CA-00818
DIVISION: FC-E
SUTHERLAND ASSET 1, LLC, a Delaware
limited liability company and successor to
JACKSONVILLE BANK,
FILED
Plaintiff,
V. SEP 11 2013
GERARD VERMEY, an individual, ��
HAROLD COFFIELD, an individual, CITY IEEP.V ccRC couRr
OF ATLANTIC BEACH, DE LAGE
LANDEN FINANCIAL SERVICES, INC.,
and JOHN DOE as unknown tenant in
possession,
ORDER GRANTING PLAINTIFF'S MOTION FOR APPOINTMENT OF RECEIVER
This cause came before the Court on Plaintiff's Motion for Appointment of Receiver, and
the Court having reviewed the motion and heard argument of counsel and it appearing to the
Court that the loan documents at issue executed between the parties (the "Loan Documents")
expressly authorize the relief requested herein and it further appearing that the elements
necessary to establish the appointment of a receiver under Florida law have been met, and being
otherwise duly advised in the premises,
It is hereby ORDERED and ADJUDGED:
1. Appointment. JAY HIGBEE of FOLAND AND HIGBEE, INC., is hereby
appointed receiver (the "Receiver") of the real and personal property which is described in and
encumbered by the Mortgage (as defined in the Complaint) and other Loan Documents sought to
be foreclosed in this action, including all applicable real, personal, and intangible property,
whether now existing or hereafter arising, wherever located as described on the attached Exhibit
"A" (the "Mortgaged Property"), such appointment to be effective upon the date and execution
of this Order, and to continue until further order of this Court.
2. Oath. Within twenty (20) days of the date of this Order, the Receiver shall file
with this Court an Oath of Receiver.
3. Bond. The Court finds the purchase of a bond by the Receiver is unnecessary, in
part because it is apparent that little if any income will be generated from the Mortgaged
Property as it is currently vacant and subject to condemnation by the City of Atlantic Beach,
Florida. Therefore, the Court waives the requirement that the Receiver purchase a bond.
4. Inventory. The Receiver is granted a Writ of Possession to take possession of any
personal property currently at the Mortgaged Property. The Receiver shall prepare and file in the
Court and serve on all parties within twenty (20) days from the date the Receiver takes
possession of the Mortgaged Property, a full and detailed inventory, under oath, of all the real
and personal property, assets, and effects of every nature involved in the Mortgaged Property of
which the Receiver is hereby given custody.
5. Possession of Mortgaged Property. The Receiver shall within 48 hours of this
Orders entry take possession of the Mortgaged Property and all other property which are within
the jurisdiction of this Court and shall retain custody of all such property, except as otherwise
provided in this Order, until further order of this Court. All persons and corporations now or
hereafter in possession of the Mortgaged Property, or any part thereof, shall forthwith surrender
such possession to the Receiver. SUTHERLAND ASSET I, LLC, a Delaware limited liability
company and successor to JACKSONVILLE BANK ("Plaintiff') shall have access (including to
copy) to the Mortgaged Property upon reasonable notice and during business hours. For the
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purpose of taking possession of the Mortgaged Property and managing the Mortgaged Property,
the Receiver is hereby authorized to employ agents, attorneys, accountants, employees, computer
technicians, and other professionals and to contract as reasonably necessary. The Receiver shall
collect the rents, issues, profits and revenues, if any, from the Mortgaged Property. Further,
Borrower and/or Owner and any persons in active participation with them, and their financial
institutions, shall grant the Receiver access on reasonable notice to any accounts, records,
documents, files, computer drives and computer equipment related to the Mortgaged Property or
its proceeds, and such access shall include, without limitation, the right to inspect and copy any
such accounts, records, documents, files, hard drives, electronic mail accounts, and computer
equipment, provided however, Borrower and/or Owner and Receiver will cooperate in good faith
to segregate such items from such information pertaining to other than the Mortgaged Property.
The Receiver may at any time, with notice, apply to this Court for further powers and
authority as may be necessary and appropriate to carry out the purposes of this Order after first
making reasonable effort through cooperation and otherwise to accomplish a particular objective.
6. Turnover of Mortgaged Property. The parties and their respective officers,
directors, shareholders, employees, and agents are directed, forthwith, to turn over to the
Receiver all of the Mortgaged Property as described in paragraphs 1 and 5 of this Order,
including without limitation, any and all cash and other monies, whether in a bank or otherwise,
representing deposits, down payments, loan proceeds or other monies paid to or on account of
any Contracts (as hereafter defined), and records and documents relating to the construction,
development, and maintenance of the Mortgaged Property, the Mortgaged Property itself, the
operations of the Borrower, and any other matter not specifically described in this Order, but
which is part of the Mortgaged Property and is reasonably necessary for the Receiver to perform
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his duties as described herein.
7. Specific Duties of Receiver. The Receiver shall manage, maintain, operate (to the
extent provided hereafter), preserve, and protect the Mortgaged Property in a reasonable,
prudent, diligent and efficient manner. Without limitation of that general duty, the Receiver
shall have the following specific duties:
(a) Mortgaged Property Maintenance and Repair. The Receiver shall
maintain the buildings (if any), appurtenances and grounds of the Mortgaged Property
substantially in marketable condition, making such repairs and renovations as are necessary and
appropriate to ensure the life, health and safety of any persons on the property, but only to the
extent the Receiver determines, after consultation with the Plaintiff and Borrower, that such
repairs and renovations are economically feasible and in the best interest of the Mortgaged
Property.
As the Property has been found to be in violation of the City of Atlantic Beach, Code of
Ordinances, Chapter 24, and Chapter 6 and the International Property Maintenance Code and is
currently unfit for human occupancy, the Receiver shall have the right to contract with any third
party to secure the Mortgaged Property and comply with the applicable building codes. This
right shall include the right to demolish the structure on the Mortgaged Property.
(b) Insurance. The Receiver shall obtain liability insurance with respect to the
Mortgaged Property in such amount and with such coverage as are required under the Mortgage
sought to be foreclosed in this action. As the structure currently located on the Mortgaged
Property will be demolished, casualty insurance is not required. All such insurance policy shall
name the Receiver, the Plaintiff, and Owner as additional insureds and shall name the Plaintiff as
loss payee with respect to all insurance policies. In the exercise of his reasonable business
4
J .
judgment, the Receiver is authorized, but not required, to continue in existence all current
insurance policies in place, if any. The Receiver shall promptly investigate and file a full,
prompt written report with the Clerk of this Court with service copies to all parties as to all
serious and material accidents, claims for damage relating to the ownership, operation and
maintenance of the Mortgaged Property, and any damage or destruction of the Mortgaged
Property, and the estimated cost of repair thereof, and shall prepare any and all reports required
by any insurance company in connection therewith.
(c) Operating Account. Effective immediately upon entry of this Order, the
Receiver shall establish and maintain, at a bank whose deposits are insured by the Federal
Deposit Insurance Corporation, a separate operating account or accounts (the "Account") into
which the Receiver shall deposit all receipts, if any, related to the Mortgaged Property and from
which the Receiver shall disburse regularly and punctually, all amounts due and payable as
reasonable, necessary and proper operating expense of the Mortgaged Property, subject to the
terms of this Order.
(d) Records. The Receiver shall maintain a comprehensive system of office
records, books, and accounts concerning the maintenance, construction, and/or liquidation of the
Mortgaged Property, upon reasonable notice, and at all reasonable times,the Plaintiff and Owner
and their respective agents and other representatives, shall have reasonable access (including for
copying) to such records, accounts and books and to all vouches, files, and all other material
pertaining to the operation of the Mortgaged Property, all of which the Receiver agrees to keep
safe, available and separate from any records not having to do with the operation of the
Mortgaged Property.
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(e) Legal Requirements. The Receiver shall ensure that all aspects of the
Mortgaged Property, and its maintenance, operation and management, comply with any and all
laws, regulations, orders or requirements affecting the Mortgaged Property issued by any federal,
state,county or municipal authority having jurisdiction thereover.
(f) Major Repairs and Improvements. Except as referenced herein, the
Receiver shall not incur any obligation for major repairs, improvements, additions or alterations
of the Mortgaged Property requiring expenditures in excess of$10,000.00 without first providing
at least fifteen (15) days prior notice of such expenditure to this Court with service copies to all
parties. However, as the structure on the Mortgaged Property has been condemned by the City
of Atlantic Beach and will be demolished, the Receiver is authorized to expend all funds
necessary to accomplish the demolition without seeking Court approval. The estimated cost for
the demolition is $20,000.00, subject to unseen conditions. Upon completing the demolition of
the Property, the Receiver shall maintain copies of contracts, receipts and/or bills and make
available upon request to any party or by further order of this Court.
(g) Use and Maintenance of Premises. The Receiver shall not permit the use
of the Mortgaged Property for any purpose which will or might void any required policy of
insurance or which might render any loss thereunder uncollectible, or which would be in
violation of any law or government restriction.
(h) Service Contract. The Receiver shall not enter into any service contracts
affecting the Mortgaged Property having a term which cannot be cancelled (without premium or
penalty), upon the termination of the receivership or upon 30 days' notice, whichever is earlier,
or for a total annual compensation of more than $10,000.00, without first providing at least
fifteen (15) days prior notice of such expenditure to this Court with service copies to all parties.
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In noticing all such service contracts to the Court for its approval or to the Plaintiff, the Receiver
shall disclose any affiliate relationship, or pecuniary interest, that he or any company or
individual with which he is affiliated may have with or in such contracting party.
(i) No Waste. Except as specified herein and specifically the structure on the
Mortgaged Property to be demolished, the Receiver shall not suffer, cause or permit: (i) any
removal of any real or personal property owned or leased by Owner over which this Court has
jurisdiction and pertaining to the Mortgaged Property; nor (ii) any waste of the Mortgaged
Property or any of the components thereof.
6) Environmental Report. The Receiver may, if he reasonably deems same
necessary or appropriate, have environmental inspections and/or reports prepared with respect to
the Mortgaged Property, showing the environmental status of the Property and any remediation
required with respect to same.
8. Market, Sale or Lease of Lots. The Receiver is authorized to price, market, lease
and sell all or part of the Mortgaged Property(including but not limited to signing as attorney-in-
fact for the Owner), under such other terms and conditions as the market dictates in the
reasonable discretion of the Receiver, as consented to by Plaintiff. The Receiver may enter into
any sales contract at any sales price it reasonably deems appropriate, subject only to the approval
of Plaintiff and the Court. The Receiver is authorized to execute or file any documents necessary
to consummate a sale of the Mortgaged Property in the name of Owner, as attorney-in-fact for
the Owner, including, without limitation, contracts for the sale and purchase, deeds, bills of sale,
closing statements, terminations of Notice of Commencement under circumstances authorized by
the Florida Statutes, and any certificates or affidavits necessary to consummate the closing of the
sales of the Lots and obtain title insurance with respect thereto. Furthermore, the Receiver is
7
authorized to seek an order from this Court, after first requesting the same, directing the Owner
to execute a deed or any documents necessary to consummate a sale of a Lot or the procurement
of title insurance for the sale of the Mortgaged Property. The Receiver is authorized to pay all
necessary and ordinary closing costs in connection with a sale including title insurance
premiums, transfer fees, recording costs, and brokerage commissions. The closing costs for the
sale of the Mortgaged Property shall not exceed ten percent (10%) of the gross sales price for
Mortgaged Property, absent written consent from Plaintiff, and all sales proceeds in excess of the
closing costs and in excess of the release prices paid to mortgagees or other lien holders will be
paid to Plaintiff in accordance with the Loan Documents. The Receiver is directed to give prior
notice of sales of any Lot to Plaintiff, Borrower and Owner. The recordation of a deed signed by
the Receiver with respect to a sale of the Mortgaged Property shall, in absence of a written
agreement executed by and between the Receiver and the purchaser, constitute a release of from
the Mortgaged Property.
The Receiver shall have the authority to enter into marketing and listing agreements to
hire salespersons to market and sell or lease the Lots.
Nothing in this Order shall prevent Receiver from doing business under this Order with
Owner or any person or entity related thereto.
9. Receiver's Certificates. Without further order of this Court, the Receiver may
from time to time borrow funds from the Plaintiff for the performance of his duties hereunder,
and may issue Receiver's Certificates of Indebtedness ("Certificates") to evidence such
borrowings. The Receiver shall not seek advances from any source other than Plaintiff except by
petition to the Court. Nothing herein shall obligate the Plaintiff to advance all or any part of the
borrowings authorized herein. If the Receiver desires to borrow additional funds, or funds from
8
sources other than the Plaintiff, the Receiver shall petition this Court (with notice to all parties)
for authority to issue Supplemental Certificates of Indebtedness ("Supplemental Certificates"),
and this Court may authorize the specific amounts and terms of any Supplemental Certificates,
and the specific uses of any funds borrowed thereunder.
10. Net Proceeds. Any net proceeds Receiver has on hand or obtains from the
Mortgaged Property, which are not required to pay authorized costs and expenses, shall be
maintained in an account on which the Receiver is the exclusive authorized drawer. Any excess
funds in the account established by the Receiver for this purpose shall be distributed by the
Receiver as instructed by further order of this Court.
11. Quarterly Reports. The Receiver is directed to prepare, on or before the 15`h day
of each third month, commencing October 15, 2013, so long as the Mortgaged Property shall
remain in his possession or care, a full and complete report, under oath, setting forth all receipts
and disbursements, cash flow, and reporting all changes in the assets in his charge, or claims
against the assets that have occurred during the preceding month. The Receiver is directed to file
all such reports with the Clerk of this Court. The Receiver is directed to serve a copy of each
report on the Plaintiff, Owner, Borrower, and all counsel of record herein. In the event the
receivership is terminated prior to the forty-fifth (45`h) day following the entry hereof, the
Receiver shall only prepare a report for the summary of the receivership.
12. No Interference. Except as otherwise requested or authorized by the Receiver,
Borrower and Owner or their agents, servants, employees, representatives, and attorneys,
including any contractors or subcontractors, are hereby enjoined from interfering in any manner
with the management of the Mortgaged Property by the Receiver as hereinafter described until
further order of this Court. Further, any third party seeking to institute or continue a cause of
9
action against the Receiver and/or a cause of action related to the Mortgaged Property, must first
obtain leave of Court in this action as a condition precedent to bringing such cause of action.
13. Compensation. The Receiver shall be compensated from the receivership estate
on a monthly basis to the extent funds are available, according to the following schedule:
a. Receiver's Fee: $150.00 per hour
together with reimbursement of reasonable facsimile, telephones, photocopy expenses and
mileage reimbursement at the prevailing rate published by the Internal Revenue Service. The
Receiver must file a statement of account with the Court and serve a copy on all parties, on or
before the tenth (10`h) day of each month for the time and expenses incurred in the preceding
calendar month. If no objection thereto is filed and served on or within 10 days following
service thereof, such statement of account may be paid. If an objection is timely filed and
served, such statement of account shall not be paid absent further order of the Court, however,
the Receiver shall be entitled to seek entry of an order from the Court authorizing payment on an
expedited basis.
14. Counsel. The Receiver is hereby empowered but not required to employ
independent legal counsel at his reasonable discretion and furnish legal advice to the Receiver
for such purposes as may be necessary during the period of receivership. The Receiver's counsel
shall be compensated at counsel's standard hourly rate. The procedure set forth in the preceding
paragraph for the payment of statements of account shall also apply to the payment of the
Receiver's counsel's fees.
15. Discharge of Receiver. Upon the occurrence of a foreclosure sale and the
issuance of a Certificate of Title to the purchaser at said foreclosure sale, the purchaser shall
have the right to file a Motion with this Court for the discharge of the Receiver. Upon a showing
10
of good cause, any party shall also have the right to file a motion to terminate the receivership or
to substitute a new Receiver, at any time.
16. Miscellaneous. The Receiver is authorized to record this Order in the Public
Records of Duval County, Florida, and to serve this Order on any person as he deems appropriate
in furtherance of his responsibilities in this matter. Further, the Receiver and any party to this
action may apply to this Court at any time during the pendency of this action for further
directions, instructions and authorizations.
17. All parties, including the Receiver, shall cooperate in good faith to achieve the
obiectives of this Order as efficiently as reasonably possible
This Court retains jurisdiction of this matter to enter such further Orders as are necessary
for the enforcement hereof.
DONE AND ORDERED in Chambers this -day of September, 2013,at Duval
County, Florida.
Jr Schemer
dHloionZorable
it Court Ju e
Copies furnished to:
Alan Jensen, Esq.
935 North Third Street
Post Office Box 50457
Jacksonville Beach, FL 32240
Attorney for City of Atlantic Beach
Alan(a),AJensenLaw.com
Sandra(&,AJensenLaw.com
William E. Doyle, Esq.
2121 Corporate Square Boulevard, Suite 124
Jacksonville, FL 32216
williamdoyleatty a)aol.com
11
Paul M. Eakin, Esq.
Eakin& Sneed
599 Atlantic Blvd., Suite 4
Atlantic Beach, FL 32233
Eakinsneed @comcast.net
and by U.S. Mail to:
De Lage Landen Financial Services, Inc.
c/o The Prentice-Hall Corporation System, Inc.
as Registered Agent
1201 Hays Street, Suite 105
Tallahassee, FL 32301
JOHN DOE(Ryan Jones)
65 Shell Street
Atlantic Beach, FL 32233
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