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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 I � (� Ll ob FL x Qs n 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 2 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 3 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. 5 (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. 6 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 12