15 Simmons Road 14-UBEX-1006 (Hawkins)JiFrICT
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_ 7 2014
31if'
APPLICATION FOR A USE -BY -EXCEPTION
City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5826 • FAX (904) 247-5845 • http://www.coab.us
Date ���� �t�?f�/ C� File No.
Receipt
I. Applicant's Name��� ( `d•1� C,C C i�W >\1 (Z �i� G n �-��w (�, l vtS
2. Applicant's Address t a p 20
3. Property Location Z-5, so -n o► o �'lS' 51 01-1 aftb G ,(�i �I
4. Property Appraiser's Real Estate Number «Z t 62-000 Q Block, No. 40
Z5 Lot No. 1
11,43
5. Current Zoning Classification RC.G a (LS -Z 6. Comprehensive Plan Future Land Use �
nation pc designation (C e$ ),
7. Requested Use -by -Exception 9V)cM 05-e6 Cud d-PR�g p -S 1 _ y
8. Size of Parcel e IPrCSG ,
9. Utility Provider �Li
10. Statement of facts and special reasons for the requested Use -by -Exception, which demonstrates compliance with
Section 24-63 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. Attach as
Exhibit A. (The attached guide may be used if desired. Please address each item, as appropriate to this request.)
11. Provide all of the following information. (All information must be provided before an application is scheduled for any
public hearing.)
a. Site Plan showing the location of all structures, temporary and permanent, including setbacks, building height,
number of stories and square footage, impervious surface area, and existing and/or proposed driveways.
Identify any existing structures and uses.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner for all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number of copies. Two (2) copies of all documents that are not larger than 11 x 17 inches in size. If
plans or photographs, or color attachments are submitted, please provide eight (8) copies of these.)
e. Application Fee ($250.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed na
Signature(s):
d -C
ADDRESS AND CON'T'ACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: &C-, Y) yam( - R Y'i C i . it. , 1 1,, I a , r ' i
Mailing Address: I dO 2-D
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Phone: qQ'2- 3 3 _ ((,,-L -1 FAX: E-mail:
EXHIBIT A
The review of an application for a Use -by -Exception shall consider the following items. Please
address each of the following as applicable to your specific application.
1. Ingress and egress to property and proposed Structures thereon with particular reference to vehicular and
pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe.
�F1,14- M:11► vacs .1.,r,nl�� .n.�� ,.� ,•_� , _ - I I . — i,^ _ .
2. Parking and Loading Spaces, where required, with particular attention to the items in (1) above.
ill �aY k -i n� 0.v` iog��nS S [,meg vo I ll be Cdbo�l_e
The potential for any adverse impacts to adjoining properties and properties generally in the area resulting
from excessive noise, glare and lighting, odor, traffic and similar characteristics of the Use -by -Exception
being requested.
4 inti CO St 1<R o c L- `1-o �, ► °.S
01 --C-4 lishkln5-
F�vs �` ss tipy rS �revv\ g 5 nti -Saar. no n.a "V., ,c ,L, ryCIL
4. Refuse, trash collection and service areas, with particular reference to items (1) and (2) above;
+RL"'% co 1� b- n 046 5i!-xvice cteeas vo i l l no- b -c..
e vnC-h s e_
5. Utilities, with reference to locations,availability and compatibility;
w i 11 nal- be C -ITL
6. If adjacent uses are different types of uses, describe type of screening and buffering that will be provided
between your use and the adjacent use. 1Jfl Akc��a.�r-,f US�� �� Gip
5u�t-2_ 4-0�e w2, vo ria a -Fa o,. }
00A -\-o AA�c_n c, iaec.�ln o ckQ
7. Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and
compatibility and harmony with properties in the District, (See Signs and Advertising, Chapter 17.)
W%kl bc-
8. Required Yards and other Open Space. Show building setbacks and areas of open space on site plan.
9. General compatibility with adjacent properties and other property in the surrounding Zoning District as
well as consistency with applicable provisions of the Comprehensive Plan. 7� qe fes, 1 i�`►1
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Prop 1 CS O-rv-- is AP a
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Other information you may wish to provide: l,-� q ^� � (�,e ! C I U f
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OWNER'S AUTHORIZATION FOR ACENT.
i .11 Z 1—tQ���l j ' �-�C.� ins horeby amhorized to aw
ort Wltdf vl' ,. . _..._...__..__..r felt; owjler(S) of those Inds detcrihed
within the rt niched applicatiott, Kttael m described in tho attache . w
l l• d ti:,eel or atller st14h plr)al c�1.
mmilership n>i ratty be required. ill APP131i"Ll to tilt~ CRY of Atittntic Fltmch, I'lorkla. COr taia
applicalion related -to ti Deauit>pla em Pert.nii or od ea• i tim pursctaalt rtr ;r.
C zoning v rimice f Comprehmwive :VIm amtr,dmetrt
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D '�'I�aivor tzottia I. -and Develofn aetlt Itegtt)ttclous
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0.76± Acres Available R+ -GLI � d0- e -
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MAYPORT RD. AT SIMMONS ST., ATLANTIC BEACH, FL 32233 UN 1�
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1�6± Acres Available > Site Plan
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Commercial -Contract
n Flo r'da Realtors,
Tile voice for meal E$101 s "in F10n3a
" 1• PARTIES AND PROPERTY: Brl htway Holdings, LLC
z' agrees to buy and EY TERARISES LLC ("Buyer")
3` agrees to Sell the property as; Street Address: 15 Simmons Street, Atlantic Beach, FL, 32233 ("Seller")
4•
e' Legal Descrpion:SExhtattachlt
ed
and the following personal property;
e
s (all collectively referred tows the "property') on the terms and conditions set forth below.
tat 7. PURCHASE PRICE.
11' (a) Deposit held in escrow by Landmark Title $ 245,000
12
("Escrow Agent') (choft are subject to actual and Ansl coAecuan) $ 10,000
13` Escrow Agent's address; 4540 Southside S1vd #702, Jacksonville, FL 32216
+' (b) Additions(deposit to be made to i=seipwant within -A 5 __dphone: _(91)41998-9733
9 __..ays after Effective Date $
fs- (c) Additional deposit to be made to Escrow Agent within —days ager Effective Date $
te' (d) Total financing (see paragraph 5)
t7' (e) Other $ 235000
15 $
{fj All deposits will be credited to the purchase price at closing. Balance to close, subject
+g' to adjustments and prorations, to be paid with locally drawn cashiers or official bank $ –
20 Check(s) or wins transfer,
zt 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME; Unless this offer is signed by Seller
22' and Buyer and an executed Copy delivered to altparties on or before 9-26-14
23 withdrawn and the Buyer's deposit, If any, will be returned. The time for acceptance Of any counthisoffoffer
will
lbe
be 3
24 days from the date the counter offer is delivered, The "Effective hate" of this Contract is the date on which the
25 teat ane of the Seller and Buyer has signed or Initialed and delivered this offer or the final counter offer.
26 Calendar days will, be used when computing time periods, except time periods of 5 days or less. Time periods of 5
27 days or less will be computed without including Saturday, Sunday, or national legal holidays, Any time period ending
29 on a -Saturday, Sunday, or national legal holiday will extend until 6:00 p,m, of the: next business day, Time Is of the
20 essence in this Contract,
3o 4. CLOsiNe DATE AND LOCATION:
31' (a) Closing Oats: This transaction will be closed on or before 12/18/2014
az extended by other provisions of this Contract, The Closing pate will prevail overall other (Closingtime periods including, but
33 not limited to, Flnancing and Due Diligence periods. In the event insurance underwriting is suspended on Closing
34 Date and Buyer is unable to obtain property insurance, may postpone Buyer closing up to 5 days after the
35 Insurance
underwriting sus enslon is lifted.
3G' lluyeq ,�f f} 1 and seilaT
L,J— i_.._J acknawlGdgrj receipt of* copy of this page, which Is Pogo 1 of £r Aagss,
CC -4 Rw.t2/to B2011) FloddaAasoclationatAEALTORe All Rights Reserved
s«dauk ow�48 bo0lwwrrero7
J7' (b) f-ocatton: Ctosing will take place In Duval
;M Will take place In the county where the prope#rfyIslaceted,) Closing-may be conducted-by mail or ellectronilatft c means
ea 8, TWIRU PARTY FINANCING
40' BUYER'S aBLIGATION- Wiithin 5 _ days.($ days IF left blank) after Effective Date, Buyer will: forthlyd pa
41' tinancing•in an amount not to exCead 6
rty
42' nat.tq exceed o y --�— of the purchasa.price or $ with a fixed Interest rate
per ear with an MIN variable Ibterest.fata hat16 exceed "/o, with points or commitment
43' or ban fees.not to exceed_..... % Ofthe<-principal amount, for a term of
44 Years, with additional terms as follows: years, and amortized over
46•
46 B-uyerwlll.Nrnet ° date y en Ined
47" lend'ar: Buyer willuse good faith and easona410 d1► genco to ft) bbtafn Loan Approval with'In. 45 ly required by any
4e left blank).from to Effective Date (Loan Approval Date), (11) satisfy terms and condins-of the Loan Approval, n46 d s if
+o (Ili) rlgse the loan. Buyer will keep sellar an prd fdily Informed. about loan application 5tatus.and authorizes the
60 u o n-010t .inIn rArid tender lis such•informailon to Seller. -and Broker, Buyerwilt notify-Seller immedlatsty
ss uparl•obiafning financing or being by a (ender, CANCELL01ION: if Buyer, after using good,felth and
M, reasonable diligence, fails to obtain Loan Approval by Loan ApproVal Date, Buyer may within . 3 .days (3 days If left
P blank) tiaitverwriften notice to Seller.ststing BuYer eitherwaives.thrs financing contingency or cancels this Contract,
64 If Buyerdoes neither. then Seller.- may cancel thi§ Contract;by delivering Written notice to Buyer at anytime
m thereafter. Unless this financing contingency-has beefy walved, this Contract shall remain subject to the
s6 .BallsfActlon, by, closing, of those condltions.of Loan Approval related to the Property. DEPOSIT(S).{tor purposes
`� °f Poragrarpb 5A only): If-Buyer has used-good faith and reasanatl9 diligence but does'not obtain Loan
n Approval by Loan Approval pate and thereafter efther party'elects to cancel this Corttraet.as.set forth above or the
69 lender fails or refuses to-close .on or before the Closing DOM Without Wit on Buyer's part, the, oeposit(s)-shall be
60 returned to Buyer, whereupon both parties will be released horn ail further obligations underthis Contract, except far
e, obligsttons stated hereln ass
s surviving the termirtatlon of this Contract. -if Walther parry eleas'to terminate this Contract
6r as set forth alcove or �Buyey faits to use;good faith or reasonable diligence as saf forth above, Sellar will be entitled to
03- retain the Deposits) if UI&transaction does notoiose,
- B, TITLE: seller has tha'legal capacity to and will "convey marketable title to the Progeny by.❑statutory warranty
el • :daed•Q other specfai warranty deed : free of jiens, easemdnts and'enurnhronces of record or
eq known to Satter, but subject to property taxes for the.year of elos)ng; covenants, restrictions and public ull6ly
e7 easements of record;!sxlsting zofiing and.governmental regulations; and (list any other matters-to which title will be
69• subject)
E9^
70 pmyfded.thore -exlsts at closing-no violation of the fbregp(ng •a
7e> Property as. nd none of them prevents Buyer's in use of the
72 •(a) Evidence of "title: The: party-who pays.the premium for the iftla Insurance pollGy Will select the closing agent
7a• and Pay for.the title search and closing services, SeiterwiN, at{cheokone):® Seller's Q Buyer's expense and-
74^ within.—15_ B days.®•affe? Effective pate ❑ or at least _ days before Closing D'ate'deliver to Buyer (check one)ns trrancs corrimltmiint by a Florida-licensrad title insurer setting forth those matters to be
76 dlscharpad by Sel)or at or-before Ci4$Ing and, upon Buyer recording Nle deed, an.owner's policy in fhe amount
77 of tFie.purChase.price for fee simple title subjact only to oxceptlon8 slated above. If sayer is paying for the
7s evidence of fiUa and, Beller: has an ownees'kllcy, Soifer. Will deliver a.copy to•Buyer within 15 days after
70 Eff
ective pate,
to. Q•(II.) an abstract of title, prepared or brought current by-an-sxisfing.abstract firm-or certified as-correct by an
of existing firm. However, if such an abstract is not available to Seller, then a prior owners Title=policy acceptable
62 to the proposed insurer as a--base for reissuanoe of co"verage.may be used. The prior polfcy-will Include copies
83 Of ail policy exceptions and an update Ina format aceepteble'fo Buyer from the policy effective date and
44 certified to-Buyer orsuyer's closing agent together with copies of till doouments recited"in the prior policy and
ae -in the update. If Such' an abstractor prior policy_ $.not &ya)Iabl:e to Sellor then (L) above will be-the evidence of
e6 title'
87 (b)-Tftld.Examinaiion, Buyer will, within 15 days from receipt of the evidence of tide deliver written notice to Soifer
eQof .1. feats. Title will be deemed acceptable to Buyer if (1) Buyer falis.to.deliver proper hodce of-defects or
tie' tiuye f r.-_) and Beller ((_� aEkn'owredge receipt of a copy.4f thrs page, which is Fhge x of 8 Pages.
CC -4 'Rey.t2110• 62010 FINIMAsfodannnorRFALTORO AIIRrahtsResevo
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90, (2) Buyer delivers proper written notice and Seller cures the defects within 30 days from receipt of the notice
91 {"Curative Period"), If the defects are cured within the Curative Period, closing will occur within 10 days from receipt
02 by Buyer of notice of such curing, Seller may elect not to cure defects if Seller reasonably. believes any defect
ea cannot be cured within the Curative Period, If the.defects are not cured within the Curative Period, Buyer will have
94 10 days from receipt of notice of Setter's inability to cure the defects to elect whether to terminate this Contract or
us accept title subject to existing defects and close the transaction without reduction in purchase price,
es (c) Survey: (check applicable provisions below)
97• ® (08aller will, within 10 days from Effective Date, deliver to Buyer coples of prior surveys, plans,
98 specifications, and engineering documents, If any, and the following documents relevant to this transaction:
09, inspection reports, title re arts environment I stud' its and ropliall s
1a0 prepared for Seller or in Seller's possession, which show all currently existing s ructures. In the avant this
101 transaction does not close, alt documents provided by Seller will be returned to Seller within 10 days from the
102 date this Contract is terminated, u1 j" 15 dCt S _oF Q > ort S Q li; vy1
103• Seller( "Of will, atKJ Seller's expense r
1a4 evidene� obtalnK' Burne certified survey of the Property from a registered surveyor. If the survey reveals
10
encroachments on the Property or that the Improvements encroach on the lands of another, EJ Buyer will
10 accept the Property with existing encroachments ® such encroachments will constitute a title defect to be
in �l`{cured within the Curative Period.
R -a
1409 (d) Ingress and Egress: Seller warrants that the Property presently has Ingress and egress.
inn 7. PROPERTY CONDITION. Salley will deliver the property- to Buyer at the time agreed In its present "as is"
110 condition, ordinary wear and tear excepted, and will maintain the landscaping. and grounds In a comparable condition.
+it Seller makes no warranties other than marketability of title. In the event that the condition of the Property has
112 materially changed since the expiration of the Due°Diligence Period, Buyer may elect to terminate the Contract and
na receive a refund of any and all deposits paid, plus interest, If applicable, By accepting the Property "as is", Buyer
Ifo waives all claims against Seller for any defects in the Property. (Check (a) or (b))
++6' ❑ (a) As is: Buyer has inspected the property or waives any right to inspect and accepts the Property in its "as is'
1116 condition.
1t7• IN tb) Duo Diligence Period: buyer will, at Buyer's expense and Within 60 days from Effective Date ("Due
its Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discration, for Buyer's
119 intended use and development of the Property as specified In Paragraph 6. During the Due Diligence Period,
qn Buyer may conduct any teats, analyses, surveys and Investigations ("Inspections") which Buyer deems necessary
121 to determine to Buyer's satisfaction the Property's engineering, architectural, environmental properties; zoning and
122 zoning restrictions; flood zone designation and restrictions; subdivision regulations; soil and grade; availability of
123 access to public roads, water, and other utilities; conslsterloy with local, state and regional growth management and
124 comprehensive land use plans; availability of permits, government approvals and licenses; compliance with
126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections
120 that Buyer deems appropriate to determine the suitability of the Property for Buyer's Intended use and
127 development, Buyer will deliver written notice to Seller prior to the expiration of the Due Diligence Period of
128 Buyer's determination of whether or not the Property is acceptable: Buyer's failure to comply with this notice
129 requirement will constitute acceptance of the Property in its present "as is" condition. Seller grants to Buyer, its
iia agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the
131 purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the
132 Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses,
1aa damages, costs, claims and expenses of any nature, including attorneys' foes at all levels, and from Itabillty to any
134 person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer will not engage
las in any activity that could result in a mechanic's lien being filed against the Property without Seller's prior written
i36 consent. In the event this transaction does not close, (i) Buyer will repair all damages to the Property resulting
137 from the inspections and return the Property to the condition it was in prior to conduct of the Inspections, end
ia: (2) Buyer will, at Buyer's expense release to Seilsr all reports and other work generated as a result of the
tae Inspections. Should Buyer deliver timely notice that the Property Is not acceptable, Seller agrees that Buyer's
140 depositwill be immediately returned to Buyer and the Contract tannInated.
(c) W k -through inspect :Buyer may, on the day prior to closing or any other time mutually agreeable to the
142' Buyer (_ _) and $Nie (_, ._) .knowledge reoelpt of a copy of this page; which Is Pape 3 of 111 pages.
C04 ROY.12/t0 Q2010 FlatdaAeaociatlonoi RFALTom` AVRltlhtsReeeried
Settop: 04374MQ1401Y/ 07 Ai i;' ,,. ! ; •1 i
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1.43 Partfes, conduct., fl
144 to'ensure That all proal rt �gk-ahroUgh" tnspe@don bf the property to determine compliance With this g
Y n lite Premises.
I , 0"OPERA170N OF Pltpare mph and
146- business-condu OPER DURING .CONTRAcT..PERIOD-
tied on the property in the mannaro Sellervrill continue to operate the property and any
147 materially
impart the Property, Aerated prlbr to Contract and will take no afatfon that would
tfa m&lariat P r1Y, teharlts, renders dr business, if an .
14y. lY affeot the Property, Btlyer's �fntanded'use oithe Property
yro a Any changes, dWithout>Quyor's Consent 9 such as renting vacant space,.thet
P rty will he perMltted ERonly with Buyer's consent
190 8:
CLOSING PR4CE13!lFZE: lief
1s1 the norms whero the grope 1 ass otherwise agreed or stated herein, closin
rty's located. g procedure shall be in atxprdance With
Ise (a) Pasls98416n and bat:
iaa Closing, Salterwlii ZiPancy:_8afler will deliver oss
i64 nlOsin , Si and Provlde•ke s'andp esslon.and occuPancy of Propertyto Buyer at
sgeurity-syatems.�ate controls, any seourity/Access codds necessary to operate all locks,
'a6 (b) -Coate: Buyar will pay Buyeps attorneys' fees, taxes and recording fees on -notes, mortgages and financing
1tc statements rind reeordirig-fees ter the deed.
-157 recordlnb fees ford Selterwi0 pay:9atter'a attomsys' tees; taxes all°the deed and
Iso onuments needed to cure tide dafeots. !f Sager fs_obUgated to discharge 't e g
Prior to clostng•and Wes to do so, if ma •us
Y e Purchase prticoads-t4 sails 9 Y encumbrance at or
fb0 (c) Ddautnente; Seiler will'provide the deed; bill of safe; mechanics Jien aNldavit; v Iginatabof (hose esti noble
161 service and maintenance Ca
161 oMoe carttrootar from Sell@r adws nal'Wllt 68 assulnet} by Buyer after the Closing Date and letters •to eat•
1e2 contract, and any asst�riable ivarrapbes or h of -them of the sale of the pro e
f" contra ent st pi icabler, or material supplier in conrreCL'on with the prop current opRels aft he tuner, (niumts
guarantaea•received. OrhOld by. seller from an
cond
+� documents, ii applicable; asst n Y manufacturer,
Ila B meets of leases, updated rent roll; tenant and lender estoppels letters; tenant
subordination, nen-disturbanoa and attarnmentagreaments'(SMpgs r
Ise assignments -of permit.a anti licenses- t:arr ) equlred by the Buyer orBuyees fender,
1a7 ective-(nstrilments; and letters notifying tenants orthe change fn
awnershtp/rental agent. !f any tenant refuses to execute an esto
las regarding ihe.tenant's lease is correct, If•Serler,is. an entity, Seller Will defiver a lerwiltien of its Board mtionDirectors
lag authorizing the sate and delivery-oflhe deed and ceit(ficatfan gyphetappr p �teteawRl certify that Information
t70 setting fortq faetg showing.'the conveyance conforms (o the requirements of local taw; getter will Iranater security
»> deposits to Buyer. Buyer yr(ll provide the closing state ment,.mortgages and notes, security arty lgreehrtlents lana and
1'r7 financing statements,
T4XO
173 (d) meets and Rrorattons: Real estate takes ersonal rn e taxes on any tangible personal property, bond
174 payments assumed 6y Buyer, Interest, rents (bgsed on•aot ai collected rents); issWatrorr dues, insurance
+7a' prarnlums acceptable try Buyet; and operating faxpsn6es will be prorated through the day before closing. if the
170 anowanceamount of taxes for the current year cannot tie-ascertalned, ratea.fAr the previous; yearWill he used with due
na 6f either pa ting made for Improvements end'exemptrons. Any tax proratloh based on an estimate wfA, at request
party, be readjusted upon receipt oPCurrent year's tax bill; this provision will survive "Mating.
178(R)Speatal,Aesaasmontt_tans:.Certiged
+� will ba paid by Seller. Iia certified, confirm ddnanderatifietl sPel�lal assessmentisl isassessment able tri instalthe lments sSe►ler.wili
tat pay all installments due and payable an or before the Closing fate, with any instaliirterot far any period extending
'"2 beyoxtd the Closing Date prorated, and .puyer Wlll assume an Inatalinientsthat become duir and peyabfe ager the
Cfosing gate, Buyerwiil be reappns;ble.for all assessments oPany. kind.whlch become due -and owing after Close
1B+ Date, unless a t -improvement ls•�sutistantfally completed as -of Ckising•Date, ff an imprpvement is sutistanttally,
185 completed as ofthe Closing-Date•but hes not.resulted in a Iien batore closing, Seiler will pay. the amount of the fast
107 estimate of the assessment. This subsection appiies to -specialn assessment Rens imposed by a public bad
ler Coes not apply-ta Condominium assOclation ap4rlaf assessments,
y and
tat (i)'Forefgn t"Vestment In keel Property Tax. Act (PiRpTA): if sailor Is a "foreign Person" as defined by FIRPTA,
190 compl and BNyeragres to comply with Becton 1446 of'the Intarnal Revenue Code, $pilar and Buyer win
,eo oomplate, execute, and-detiver as directed. any instrument,.agioaldt; oi� statement reasonably necessary to comply-
With
omply
701 With IRPTA requlreme , Including delivery of their respective tederaf taxpayer Identffrcatlon numbers or
y42` Hoye j vL andSeflar
�) aaenowlatlga reeolptafa."Itoflhis pegs; welch 1g Page 4 01'8 Aaaaa,
Ca4• Rev.1Z/lo 021111, Flmlae&acejbaonof RFAI:rarie Aa Rlghts•Ratervao
S-rfkV, baA4i60t111,M%
103 Social ding Security Ntimtiars to Ufa Md)I closing agent, if Buyer does not pay -sufficient cash at olasin to meet the
A24 withholdingregWremQrit, s
las requirement. eller will dQ)fver to'Buys' at-Closing the addltlonarcash necessary to satisfy the
-les 10, ESCROW-AGENT: Seller and Buyer authorize Escrow Agent or Closing
12 receive, deposits and iiofd funds and other Property In escrow and. subject to coUectlon, disburse them til accordance
°s With' the terms df thla'Contract The 9 Agent (colieCUvely 'agent') to
7°a escrowed items to Parties agree that Agent wili.not be Ilable to any person •far, misdelivery of
2ao negligence. If Agent h4: atibf a er, uritest, the misdellvety is due to Agent's willful breach of this Contract or gross
201 a h has doubt as to Agent's dutlea Or obligations under this Contract, Agent may, at Agents option,
(? oid'1he esc . of Items until the
parties mutually agree to.lts disbutsement:dr until a coutt of competent
202 juriShcctlnn oraroitratot determines the rights of }he Psrttes or (q) depos)t the escrowed Items with the cetent f
aoa .the court ti a raj jtit[sdintlon over the matter-and rile an antion In Interpleader. Upon notifying the Parties of such action,
2a+ Agent wIU tie released fi'om-sll_llabillty MOM for that-duty to account fot�ltems phon[ Qtjy delivered out of escrow,. if
2tls Agent is a litensed.real estate broker,
zse "Oterpleads the eseiuwed items or Is made a party because of acting as Agent hereunder, Agent will recover
Agent will comply with Chapter �i7;i, Florida Sfalules; ln'any suit in which Agent
200 reasonable attorneys as court
Goste.)nGuned with- these amounts to be paid from and Out of the escrowed Items and
Zoe charged and awerifed as court costs In favor of the p1eva(Jlhg party,
200 9 i. CURE PERIOD: Pttor to any claim for default being. made a art ltl heve•an opportunSty.to cure any alleged
sm default. if a party faits to comply wfth any prov[sion.ot this Contract, the, Will art
21t'«lmplying party spegify[ng fife non-com Iia vlsce. The thi com party will deliver written notice to the nnR-
212 de)ivery oCsuch notice tO dura the non-tropmpiiance. Notice and cafe shall not have apply to fat urs. (5 days
a ssit left blank)-after
2R not RETift0. QF bEAQSIT. Unless otherwise specified In the Contract, it6 the Event any condition of this COntract.1s.
214 not met turn yer hes Um* given any.rt qulred notice regarding -the coliid[tlon having not been met, Buyer's deposit
2ts will be return64 In aoeordange:with applicable Florida Laws-and regulaUoA6,
210 la- bEFAU LT;
?i7 (a) In,the'event the sate is not Closed .dUe to any default or.fa)lure on t116 Part of Seller other than failure to make
ere the title marketable after diligent effort, 8uyermayeither ('f) receive a refund of Buyer's deposit($) or (2) seek
2�B V0011`►G performance, If Buyer elects a•deposit refund, 3alie'r.wlll ,qe liable to Broker for the full amount of the
220 brokeragerfee.
21' (b) In the event the sale is not closed due tO any default or failure on the pert of Buyer, Seiler may either (f) retain
224
222 all deposit(a)•pald or agreedlo be paid by Buyer as agreed upon liquidated damages, consid'eraUon for the
$min dP rt this Gnntract and'in full settlement OPany claims, upon which this. dontract'wlliterminate or (2) seek
�+ specific i>ertormanc )f geyter retains the deposit; Salter. wilt pay the• Brokers ngmed In Paregraph 70 fifty percent
22a ofalpforfetted deposits.retalnetl by Sailor (to .b"Pll('equally among the Brokers) up tb the full amount of the
22a brokerage foe, If Duyer (alis to timely place a deposit as repaired by this Contract, Se(fer may either (f) terminate
227 the Cmedyfor and seektheremedyDuUinedtothisGu6parag ph.er(2)proceedwith.th@Contra81thO (1)
twaning
228'. any remedy forgyyek�s defauft,
220 14. ATTORNEY'S FEES AND COSTg,[n any calm or controversy arisi4g put of or relating tO this Contract, the
which for purposris of-thla prbvislon will include L�ury
230 prsvalling Party, wBuyer, seller and Broker, wUl be awarded reasonable
23•1 attomC}rs' fees, costs, and expenxes.
21NOTiCE8: A[►.notiees will be
?m electronlin writing.and may be delivered by mail, overnight courier, personal delivery, or
efeo'means, Parties agree to send all notices to addresses apecitted•on the•signature page(s). Any notice,
2a4 ttaGument, oritem given by or delivered to
.an attorney or real estatUcensea.()nb[uding etransaction brakes)
las representing a partywlll be as effece 'live as (f given by or delivered to that party.
236 18, DISCLOSURES;
24? (ej•Commerclat Ron[ Estate-sales Commteslon Lien kat; The Florida Commercial Real E=state Sales
238 Commission Lien Act provides that a broker has a Ilan upoh'the owner s net proceeds from the sale of commerrial
2J8 r�`�iwfdr any.commiea! earned by'tha broker under a brokerage agreement Ttia Tian upon. the owner',s net
240, arty"andselter
�) edcnosvlBGpa raacipt of a Copy of thl6 papa, which Is Papa A•qf B papas
OC-4 Rev, 12;10 WOin F1aidaAotm8VDs0f �FAL1nR8° (JIRiQMsg°cetuae
oa4rk. ourte.im r as rnr�r
1 '•.•.,. . .. i•.
zi proceeds is a lier).
241 interests r) upon personal Property
'
real property, This peri ri 'which attaches to the owner's net proceeds and doe8 not
243 ght oatlnot be waived before the commission Is earned.
(b) SP�lal A�Qaythent Liens irn ossa attach ro any
244 assess{nent lienOsed P Oy Pu4-lir Body, The Pro
2-05• liens, if any,'sha be paid as set forth in pare , Y pQ may be�yubJecf topunpa"rd spec;ar
lilio Y (A public bed ,-notaries a Communl Develo trent District.) Such
?49 graph 8(e);
��} RBdon•Ges: Radon�ls a.naturali
247 sufficjenl quentities, May y occurrin' r
249 9 adlcaative gas that when it hag aocurnutated in a building in
y present health risks to persons w
excetd.faderelend state guidelines have
249' Arid radoh:testln ho are eX6"Q f to it over tlrrre., J_ y
g may be bb been found in who
in Florida. it
informagpn �ega�dtngar don
y talnsdfrom.youreoun
Zan (d)•Ege h' public health unit
2sl r9Y-EfffcianoyRAtfng-Ittformairon: Buyer acknowledgesrecei t-.
Section.5g3,996, Florida SUtutes.
p of thO-Information brochure required by
2s2 17l FtISF(�Ol+ LOS$:
263 (e) If, k of.1tne Enactive pate and•before Closing, -the Pro a
25+ the'risk of.loss an �
las /Cltsrnauvely, 6 d oyer may cancel this Contract ti;withO tl liability anIs d the deposiOr b1her t(s).will casualty, returned tta Hruye ear.
258 will credit the-dgductlblal, if any andtransi ,-tors y l at c(os'T Pe
insurance
lex Insurance proceeds a g anal the agreed upon purchase pace and Seiler
zee proceeds, p Yable,far the damage, Sellar will Cooperate and asalsE Buyer in=eLrcoflsating any such
SAIIer 8hap'not setae any insurange claim fordarriage caused by casualty yelp in call cornsen of the y
2sa Soyer.
Without
200 (b) It, after the Effective.
xes right of-8mllleht domain,.
Yate and before closing, any pati or the Properly
2� omaty andor ?OOthe a poo .rvr•spch taking will be pending or threatened l3u
Contract without liability p rly is token Irl condemnation or under the
2u3 nY and the deposits) will be retumed to Buyer. Alternatively; guys,- will have the option of
iautchasin.svhat fs left of.the Pra eft yer may cancel his
Zea
closing R y at the agreed upon purchase price and Seller will transfer to the Buyer at
zee 8 the proceeds of ariy award, or tiolteli�s claim to any award payable°tor ths•takin ,
and assist BGyer U1'cogeoling any award.
ff Setter tvllhcooperate with
1e1*18. AS$lGNA8ILiTY; pERSONS.BOUND. This Caiitrac
214 2ernot essignabfg ®la assignable. If this Contract may Ire lads grad Buy r shah del ver a �p trty' and otherwise
:agreement lathe SaAer at least 6 days prior to Closing, Ttie terms "6u r ,Of the assignment
tae plural1g.nm nt'ig P tmi binding upon Soyer, Sellerand thetr'heifs, personal`represenlatives,.succe sor and assigns
270 I1f rel, This
Contract
is permittedd y� Sellee. and Broker" may be Singular or
271 19; MISCELLA'N90USr The teract g
maotthbIWin U1119, .Inw b the entlre.e reement betty
272 MadlficatlOfls of this Qontract.w(II not b
e binding unlessdn writing, signed and delivered by the party to be bound.
27
3
;;Ignatures, initlalit, docutpents•referenced In this.Contract counterpart and written sd by theMOdinceti
communicated
276 elmronieally"pr.on paper tstill ba eCceptdble tar all u
474 IS or b cOtnWn'terms lnserted'!n or attached to this Conlraet prevaibover preprinted terms, If any provision of this.Contract
Purposes, Including deil'vary and will bs btnding; Handwritten or
era is or rued underf1pres"Walld or I 'enrpmeaolai all remaining provisions will continue to be fully effective. This Cphtract will be
err construed under Flgdda taw and will -not be recorded fn any public records,
271 20, BROKERS: Nelfher Seller nar••Buyor has used the services Of; or for any other reason owes campensefion to,
ere a licensed real estate Broker other than.
zHn' (a) Mar's Broker: Colliers International Northeast Florida
Zai
ear 50 Laura St Suite 1725 , Jacks n bD I rd 32202
20 {licensee)'
2e4' "o '(AddTA4a, Tele ort, Fw a mala
is a singte•egent❑ Is s transaction broker❑ has -no -brokerage relationship and who will be compensared
2°a by 1D.Sailer[].BHYarQ both parties pursuant to
2sa, �. a listing agreentent Q otnor( specify)
2A7+ e r �!j and $otter
t-..�) adcnuwledga recetpl.ore �Py ottr,l9 page, wht�3t is Page 6pts Pepea.
cc4 nev.12ne OUID FldrW,Aesoclatlanor Rt: TOW AeRtgnllnecmvon
1'allls:akrtaaoar4asr7ersrr
I-,Irii1r:•,U1,I.—,•
2aa- (E) Buyet'A.grakar: pavk
zas
260-.. 100 E Town pI, StAugustfne,
291
292'
sea•
@G1•
2a6 i
2aa j
2aY ji
Cajtlyn Hawkins
who � rB 11r", "�wru---5_0-00 90840-io 4Qos CHawkinsQDa.t vld.s..on.R
eatylnc.comq
bY�uar'ent�Is a tranaGro�sElcbrokrno brokerage! relaUonshtn andetQhas
- ..,a,M1r narmres _ —u1°ng 1n tnls transpetfon. $8!161' and B1ry0r agreelto to
S from and ageln�t fosses, damages, exists and expenses of any ktnd, Including
268 reasonci P attorneys' fees at all fovels; and'from Ifabil
tae in"$1stedt with 1he re ity td an
30a Paragraph t.p (3y an du septation in this Para re Y persop; arlstng from If }compensation CJalmr d which is
of
30+ services regulated D YC a to
accepted' b g ph; •{2q oa Seller or t3uygr wfthinh is bayodd fee
sopa pursuant to
Y h Ater 475, Pfon a1' tatutes� a emended; a1' 4 ;eco
302 expenses incurred by any
. t1.11rd a . who
P KY m Broker raters, recomhlends�.or rete ne fore ontions beOr services half a,1' Seller, orlgLryand'on
a03 2!, OP710NAL CLAot
U8E8• C
401 this Cdntmct); . ( heck if any
of'the (op ng clauses are applfcebta and are attaOhed as an addendum to
006, Q-Arbatratfon
308- ❑'Section 103f Exchange ❑ Seller Warranty
307- ❑ property'"Pecllan and Repair p Coastal Construction Control Line Existing Mortgage
308 q .5eli.ReprEsentatl4ns p 0 Flood Area Hazard: zona Buger.'s Attorney Approval
LJ 9efler Financtng ❑ Seller a Attorney Approval
306 22� ADpITIONAL.TEFIMS: [] Other
Purchase Contingent Upon:
A. Confirmation of appropriate zoning permission from the City of Atlantic beach for property to be used as a used car
a1°•co arch! If current tonin cannot allow a used car dealership to take place at this property, Buyer may withdraw from
311. contract and receive their deposit back, or pursue re -ton ng rom t e ty o ant c sac
B_ Shoul Buyer c oose to pursue re zon��d
o
s12 a
herein this contract shall extend b alt° Due !]iii apse and Ins actions all time erlods nd
ass Y 30 days,ded unt the ton ng ec cion. as sen ma a an repo e_ o Buyer
Inc leto the re -zoning request arori nrnno�o ...:u
314•
J.
31e0 release the deposit to fhe Buyer and neither party shall have any further obligations hereunder, y` `V coning apprc
be
317,
In
w�, •� anuw usuo car o0aTUT9M(SM the
310ofAtlanticBeach. 1'i ds related t !ML22RMYg.b the City
320•
321 TillsDVI f8 iOf: N A -T TO GE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE
32z ADVICE OF AN �. ORNEY PRIOR TO 8IONIN0. BROF<ER ADVISES @UY.ER AN17 SELLER To VERIFY -ALL
3ga FACTt AND-REPRESENTATIONs THAT ARE IMPORTANT TO NEM AND 7'O CONSULTEAN•AIsPR FY -AL E
324 PROFESSIONLAWSAL FOR f.4' E P ADVICE (FOR EYAMPLE, INTURPAtET1Nl3• CONTRACTS, DETMRMINING THE
ate REPO T N 146 1R T`IE PROPER•I•YANp TRANWTIO,N, STATUS -OF TITLE, FORE16N INVESTOR
32a REPORTING Rf7flUlREMEN'1'S, ETC.).
a2� ADVICE., BUYER �4CKNAWLEt]0�8 THAT SMOKER 6663 NOT OCCi1PY THE PROPERTY AND THATAI.L
HAT FOR TAXY PROPER'(Y CONI3ITION, EN..WRONMENTAL AND -OTHER
92a REPRESENTATIONS O RAL, fifljiMEN OR. QTHERWjsE):W 13ROK,ER ARE RASED ON SELLER
ata THE E PRESS TAT OR PUBLIC RECORDS UNLE89 BR6KER INOICATE$ PERSONAL VER(FICA71ON or
331 TNJ? REPRESENTATION SUM AGRiES TO'REL.Y SOLELY ON Ef LLER, PROFESt3IbNAL INSPECTORS
331 ANp 1",,0%11, RNMENTAL AG_EfVt;1E5_FOR VERIFICATIQN OF 7HE FROp>;RT•y CONdITION, SQUARE FOOTAGE
3u ANIti-F THAT•MATE L Y'AFFECT RRgPf~RTY VALUE.
333• a11ya�end 881!81'
THAT-MATE
moopl.of a copy of lhia Page, which is page 7 f
9 0 8I?ages.
O04 Rev' 12110 02010 Fronds Abladallon of REALTifte All Pophht ReaerMd
a uLW: M7TMdQaf ed.YY7Y»7
33{ EaGi person signing this Contrast an be#)a}fof a
8a6 te'M that such slgriatary has full Power and authority to oil�otAintO and entitY
epr this ontract in ar►an(s. to lite other
3Sa terms and•eaeh person esceautln
a3r.to do so. A this Contract and other documents qn behalf of Auch accordance with Its
33a, Brightway lnvestme party has been duly etithorized
339 nts, LLC
34n• RYan Hawkins
a4s (TYPed or Printed Name of 8
oyer).
a4vTifle•
3t'J4
sls=
antif Typed or Printed Nerne of 6uyer7
strTioe;
344,Buysr's Address for purpose of notioe:
a4vFacsimue;
no,'
351
J62'�363 (Tyr d.O
3s4, TF11e:
356"
ate
;36)`
no td
ado..Titfe:
3"'Bei'let'e.Address for purpose of notice:
ae a F$Ce(m11rA;
Oats; ff�(
Tax ID No,
Telephone: gfiJy--Z33 -/�Yci
Data:�—
Tax 11.7 No;
Telephone:
'Emdil:
Date:
TftIDNm
---- Date: — 1
Tax ID No:
Telephone:
Email:
7hefJOddad1. form
nOa 01 baUse �InBJraan0rapreaartfaHcna�t0Umlapelv�tlairyOratlgquecyofanyMVI110n'alIhlsformIdanyspecrrraIMnAkd n.Thla
W9ndnrounIlam toldadolth dwdInoanptaxopts, =76071411ex4oaivellderaeraddiu0ne.Tiderarfnlaavollabtvtorttyapy,ftAnUY¢realesla4(ndUtuy
ettd Ea nal tntejjgQ4 ialdenUty the JileY a t a RBAhT1Jpv xs a Mgakrea aal(aatNa msmEsgh(p mgix µq1 maybe heed on
The
. NATIONAL ASSOCIATION OF REAL76fta'ard.wtio eubftrfap 10 arl:gli�dry
rhe-ooGYdUhl 4lWe of U10VAlledStates (t7 U,B. COde) forw the Un VA
of o rs (nrm by eIry means tnvud�i8 tAaslrU a eBJ mpu -t1c4n ees %; o
3827 8 �J BndSenA
(_ , ) acknowledgq rar'Ipt Of"
COPY-of this page, which is Page 8 of a pegae.
004 Ray.11110 02UIO FlOddaAnoa ibnofRMAITOW All RIyhisReamed
6itL* AO.1T48•saatA94MA7'W
Brack 10974 PAge x:459
Exhibit "A"
ALL OF' BLOCK 8; LOT a, BLOCK 9; LOTS 1, 2 AND 3, BLOCK 22; AND BLOCK 23,
E:XCLUDING T)4EREFROM THE NORTH t50 FEET (EXCEPT THE EAST 40 FEET) OF SAID BLOCK
z3, DDNNER'S REF'LAT, AS SHOWN ON FLAT PECORDEO IN PLAT 1300K 79, PAGE 16.
CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
h
THIS INSTRUMENT PREPARED BY:
Watson & Osborne Title Services, Inc.
208 Ponte Vedra Park Drive, Suite 101
Ponte Vedra Beach, Florida 32082
RECORD AND RETURN TO:
Hoey Enterprises, LLC
102 Stewart Street
Atlantic Beach, Florida 32233
RE PARCEL ID #: 1721620000 & 172193-0000
BUYER'S TIN:
WARRANTY DEED
Book:�097884874
Pages: 1457 — 1459
Filed 8 Recorded
03/19/2003 12:55:34 PM
JIM FULLER
CLERK CIRCUIT COURT
DUVAL COUNTY
RECORDING f 13.00
TRUST FUND $ 2.00
DEED DOC STAMP f 2,128.00
Book 14978 Page 1457
J. Daniels, THIS WARRANTY DEED made this 14th day of February, 2003 by Oprah Lee Jackson a single person and Delora
Dlora L. Daniels, ,306roonot her shereinafter hereinafter ceand whse addresss1623 IbisDrive, Oange ParkFlorida 25tHey Enterprises, LLC, calld Gra tee
and whose address is 102 Stewart Street, Atlantic Beach, Florida 32233.
(Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.)
WITNESSETH:
and cTHAT the Grantor, for and in consideration of the sum of Ten and N0/100 Dollars and other valuable
onfirms unto receipt theereof is Grantee, all that certain acknowledged, hereby
lying and bargains,
in Duval remises, releases,
leFlorida. conveys
See Attached Exhibit "A"
SUBJECT TO taxes accruing subsequent to December 31, 2002.
SUBJECT' TO covenants, restrictions and easements of record, if any; however, this reference thereto shall not
operate to reimpose same.
TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise
apperpainmg.
ll TO HAVE AND TO HOLD the same in fee simple forever.
ith said
that t�1eAGrantcrr has good righD he Grantor t and lawfulcovenants lauthority to sell andtee the onveyrsaidris land; that lawfully
theseized
Grantor said
hereb fully warrants
0 e ti�alle to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is fee
of all incumbrances.
I IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
writte>f t.
Page t Form Software by Automated Reel Estate lratvloes, Ino. 1-e00.330.12as
03A4024
Signed, sealed and
Book 10978 Page 1458
�r
r ee a tso
scm,om
e or . ame , 14
I?Af
SHANNON SWAh,pN
fitness ante tgnature
STATE OF FLORIDA
COUNTY OF ST. JOHNS
The foregoing instrument was acknowledged before me this 14th day of February, 2003 by Oprah Lee Jackson a single
person and Delora J. Daniels, a/k/a Delora L. Daniels, a married pe gveyyj�rlg property not their homestead. They
are personally known to me or has produced M r S 11190 SBS as
identification.
Notary Public, State and f aid \\NIIIIIIIU�ft�y�
0` Ggta.d E. Soh�ofgy��i
ot"y lgriature » Q telSSlpN • 6
fntfllD MOM � :'`ary92p�%.� —it a Oi an
nt111 OM
otary ante ignatures • ' * `
:��q% ADD076222 Ma o., any
Pape 2 Fame Software by Automated peal Eetate Serylaes, Inc. 1400.370-1205
03A0024
gook 14979 Page 1'459
Exhibit "A"
ALL OF BLOCK 8; LOT 4, BLOCK 9; LOTS 1, 2 AND 3, BLOCK 22; AND BLOCK 23,
EXCLUDING THEREFROM THE NORTH 150 FEET (EXCEPT THE EAST 40 FEET) OF SAID BLOCK
23, DONNEWS REPLAT, AS SHOWN ON PLAT RECORDED IN PLAT BOOK 19, PAGE 16
CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA.
0
11•
E1 S m n
COHSULTTiIG: so
October 16, 2014
Ryan Hawkins
Brightway Auto Sales
93020 Biggin Church, Road South
Jacksonville, FL. 32224
(904) 233-1.649
Brig htwayautosalesn_grhail com
Re: Brightway Auto Sales
15 Simmons Street, Atlantic Beach, Florida 32233
Ir 8. R Proposal No. 3893
Qeor Mr: Hawkins:
ElsMAN & RUSSQ, iNC,. is pleased to submit this. Proposal for Professional Consulting Services for the
above -referenced Project, which is located in the City of Atlantic Beach at 16 Simmons. Road. It is our
understanding that this 0.76 Ac. project will include adding as many sales yard parking spaces that will fit
within the westerly portion of the property and providing a rear loop driveway connection. We will also include
additional parking spaces for customers including one ADA space near the front of the property. Our
proposed scope of services; schedule and fee follow.
SCOPE OF SERVICES
DESIGN SERVICES
Task i - Preliminary Engineering
We*11 become familiar with the existing site by performing the following services:
A. Visit the site and keep a photographic record of existing conditions.
B. Meet with the FDEP and/or St. Johns River Water Management District (SJRWMiD) to discuss
permitting requirements.
C. Meet with Owner's representative to discuss site layout details and prepare a preliminary site pian.
Task 11 — Final Design Services for Site Improvements
We will prepare construction plans and technicalspecifications detailing the requirements for construction of
the following on-site improvements:
A. Provide storm water drainage system in accordance with requirements set forth by the City of
Atlantic Beach (COAG) and the SJRWMD/FDEP.
B. Paved surfaces (roadways, sidewalks, and surface parking) in accordance with COAB requirements.
C Earthwork.and on-site grading.
Task III Permitting Services
We will prepare the following permit applications for the owner's signature.. These permit applications wili be
submitted to the respective. regulatory agencies:
A. Permit applications with supporting calculations plans and exhibits to the FDEP..
B. City of Atlantic Beach Preliminary and. Final pians submittals.
Mr. Ryan. Hawkins October 16, 2014
Brightway Auto Sales Mage 2
Task IV -- Shop Drawing' Review and Permit Certifications.
During the construction phase of the Project, we will provide the following services:
A. Review shop drawings as necessary.
B. Prepare final per -mit certifications which is required by the City of Atlantic -Beach.
INFORMATION AND SERVICES SUPPLIED BY OWNER.
The following Information and services will be provided to EISMAN & RUSSO,INC: by the owner or his
representative:
A., An updated limited NAVD88 topographic, and protected tree survey on CAD compatible with
AutoCAD.
g. A complete legal description of the properties contained within the site boundaries.
C. Recent, rectified aerial photographs of the site (if required by regulatory agencies).
D. Copies of record site and building floor plans with the locations of utility interfaces as`necessary.
E. Permit application fees.
F. Geotechnical services.
G.. Laboratory testing services.
H'Jurisdictional wetland delineation.
i. Landscape and Irrigation Plans.
J. Surveying Services: (See A.)
,FEE AND BILUNG
We will accomplish the, services outlined in Task(s) I through IV for the lump sum fees as detailed below:
Task i - Preliminary Engineering
$ 840.00
Task 11- Final Design Services for Site Improvements
$ 4,800.00
Task III - Permitting Services
$ 800.00
Task IV — Shop Drawing Review and Permit Certifications
$300.00
Reimbursable Expenses (postage, mileage, courier, plotting etc.)
20.0:00.
TOTAL.
$6,040.00
ADDITIONAL SERVICES
We will provide, as requested and authorized by you, additional services that require analyses beyond those_
described in Tasks I #hrou9 IV. These it services may include, but not to be -limited to:
1. Extensive offsite (beyond 200') drainage design and permitting other than that listed under task h.
2. Traffic studies or engineering analysis
3. Engineering plan revisions. subsequent to client's prior approval of plans
4. Environmental analysis and engineering
5, Detailed construction cost estimate
6:, Survey construction layout
7. Shop drawing review of multiple submittals (more than one)
8. Construction administration and observation, observation. At the written direction 'or.request of the
owner, visit the site to observe contractor`s progress. However, this construction observation service
shall be subject. to the Limitation of Liability and Safety paragraphs of the Standard Provisions..
9. Attend meetings as directed by the client (in addition to meetings attended as part of basic services)
Mr. Ryan Hawkins October 16, 2014
Brightway Auto Sales Page 3
1.0. Any other task`not included in our scope of services,
.REIMBURSABLE EXPENSES.
Reimbursable expenses will be invoiced as a lump sum item. Examples of items covered include postage,
plotting, mileage; maps,; courier service, e-mails and printing associated with permit submittals. Additional
printing requested beyond that required for permit submittals is not included.
EXHIBIT_A
We will provide our services as expeditiously as possible to meet the schedule developed by you for the
various elements of the project. Fees are payable with billing monthly, based upon the percentage complete
Of lump sum elements or for services actually accomplished for hourly rate elements. Billing %villnta be due complete
payable upon receipt of the invoice.
For fees specified as hourly, the following hourly rates will be used;
Classification.
Rate/Hour
Principal
$180.00
Project Manager/Sr. Engineer P.E.
$168.00
Engineer P.E.
$100.00
Engineer E.I./Senior Designer
$ 86 p0
Designer/Techniciart
$ 65.00
CADD/Drafter
$ 65:00
55
Secretary/Clerical
$ 00
CLOSURE
Inaddition to the matter ;set forth herein, our agreement includes. the Standard Provisions attached hereto
and incorporated herein. The term "the Client" as used in the attached Standard. Provision shall refer to
Brlghtway Auto Sales
If you concur with the foregoing, please direct us to proceed with the aforementioned services. Your
direction to proceed with the services is your acknowledgment that you agree with the terms of this Proposal
and our attached Standard Provisions. Please also execute the enclosed copy of`this Letter Agreement in
the. space provided; initial the Standard Provisions attached to it and return them Moth to the undersigned,
Fees and times stated in this agreement are valid for 30 days after the date of Agreement by EISMAN &
RUSSO, INC. A 1616 retainer fee or $604.00 will be required to for us to get started.
We appreciate this opportunity to submit a proposal. Robert A. Kight, P.E. will be the Project Manager/
Record Engineer and Larry Longenecker will serve as Assistant Project Manager/Senior Designer for this
Project. Please contact either one of us if you have any questions.
Very -truly yours,
EISMAN & RUSSO, INC.
=rO, RE.
Transportation Manager
AJM/LJL
Attachment: Sfandard Provisions
Mr. Ryan Hawkins
Brightway Auto Sales
AGREED TO AND ACCEPTED BY this 2a day of d 11��- 2014.
BY: BRIGHTWAY-AUTO SALES
BY: RYAN HAWKINS
By. `,6 /� a
4me Title of Person Signing) (Date)
/9?rf E4
tA5o Mowers Avenue Jacksonville, FL 32217 • P0 904.733.1478 - F; 904.636.8828
Jacksonville Ft, Lauderdale R. Myers LaBelle Miami Orlando Pensacola St, Augustine
Alabama Louisiana: Mississippi
www.elsmanandrusso.com
October 16, 2014
Page 4
..STANDARD PROVISIONS
(1) These Standard Provisions shall be incorporated into any agreement, whether signed or unsigned; between EISMAN & RUSSO,'iNC. (the
"Engineer") and the Client. An order by the Client for the commencement of the work
these Standard Provisions. :and services to begin shall be deemed an accepwnce of
(2) Project Fee. The ProjectFee as presented in this. Proposal anticipates that the Project -will be completed within one year from the date of the
Proposal, In event that there !s a delay, for any reason; the Engineer reserves the right to adjust the price of the Contract to rates in use when
the work is actually performed.
(3). Payments for Services; Invoices. will be submitted by the Engineer to the Client monthly for services performed and expenses Incurred
pursuant to this Agreement during the ,prior month. When the Engineers compensation is on a lump sum fee basis, the statements.will be based
upon the portion of total services actually completed at the time of billing. If the Engineer's compensation is on an hourly basis. the statements
shall be based on time actually expended in providing the services at the rates provided in Exhibit A; Payment of each such invoice will be due
upon receipt thereof, A service charge will, be added to delinquent accounts At the maximum rate allowed by law for each month of delinquency.
if the Client fails to make any payment due the Engineer for services and expenses within sixty days(60days after the Engineer's transmittal of its
invoice, the Engineer may, therefore, after giving seven (7) days' written notice to the Cllent suspend services under this Agreement until it has
been paid in full amounts due for services and expenses. Any unpaid sums will remain due after termination. Should the Engineer be required to
retain the services of an attorney to collect any unpaid sums (whetherthroughdemand, negotiations, in court through arbitration, and/or if
required by contract); the Engineer shall be a entitled to court costs and reasonable attorneys' fees associated with the collection effort regardless
of whether or not suit is filed.
(4) Non -Contingency. The. Client: acknowledges and agrees that the payment for services rendered and expenses Incurred by the Engineer
pursuant to this Agreement is not subject to any;contingency unless the same is expressly set forth in this Agreement
(5) Estimates of Cost;
(a) Since the Engineer has no control over the cost of labor, materials, equipment or other services furnished by others, or over methods of
determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including, but not
limited to, opinions as to the costs of construction materials, shall be made on the basis of its experience and qualifications and represent its
best judgment as an experienced and qualified professional engineer familiar with the construction Industry; however, the Engineer cannot and
does not guarantee that proposals, bids, or actual costs will not vary from opinions or probable cost prepared Iby it If at any time the Client
Wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator to make such determination.
Engineering services required to bring costs within any limitation established by the Client will be paid for as "Additional -Services" hereunder
by the Client:
(b) If a limit with respect to construction or other costs Is established by written agreement between the Client.and the Engineeri the following
will apply,
(1) The acceptance by Client at any time during the performance of _services hereunder of a revised opinion of probable cost In excess
of the then established cost limit will _constitute a corresponding_ revision in the previously agreed cost limit to the extent indicated In
such revised opinion,
(i!) Any cost limit so established will include a contingency often percent unless another amount is. agreed upon in writing.
(iii) The Engineer will be permitted to determine what materials, equipment, component systems and types of construction are to be
included in the drawings and specifications. prepared by it pursuant hereto, and to make reasonable adjustments in the extent of the
project to bring it within the cost limit
(iv) Af the bidding or negotiating phase of the project has not commenced within six (6) months after completion of the Engineer's design
hereunder, the established cost limit will not be binding on the Engineer, and the client shall consent to an adjustment in such cost limit
commensurate with any applicable change in the general level or prices in the construction industry between the date of completion of
the Engineer's designs hereunder and the date on which proposals or bids are sought
(v) It the lowest bona fide proposal or bid exceeds the established cost l!mlt, the Client shall (I) give written approval to Increase such cost
limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project's extent or
quality. In the case of (3), the Engineer shall, without additional charge, modify the plans and specifications prepared by it hereunder as
necessary to bring the subject. cost within the cost limit The providing of such service will be the limit of the Engineers responsibility in
this regard and, having done so, the Engineer shall be entitled to payment for services in accordance with this. Agreement
(6) Reuse of Documents. All documents, including, but not limited to, Drawings and Specifications prepared or furnished by the Engineer (and the
Engineer's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect to the Project
and the,Engineer shall retain an ownership and property interest therein whether or not the Project is completed. At its expense, the Client may
make and retain copies for information and reference in connection with the use and occupancy of the Project by the Client and others; however,
such documents are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other
project. Client agrees that ail documents of any nature furnished to Client or Client's agents or designees, if not paid for, will be returned upon
demand and will, not be used by Client for any purpose whatsoever. Client further agrees that under no circumstances shall any documents
produced by the Engineer, pursuant to this Agreement, be used at any location or for any project not expressly provided for in this Agreement
without the written permission of Engineer. Any reuse without written verification or adaptation by the Engineer for the specific purpose
intended will be at the Client's sole risk and without liability or legal exposure to the Engineerorto the Engineer's independent professional
associates or consultants, and the Client shall indemnify and hold harmless the Engineer and the Engineer's independent associates or consultants
from all claims, damages, losses, and expenses, including attorney's fees arising out of or resulting therefrom, Any such verification or adaptation
will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer.
(7) Termination, The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days' written
notice In the event of substantial failure by the other party to perform In accordance with the terms hereof through no fault of the terminating
party. In the event of any termination, all expenses subject to reimbursement hereunder and other reasonable expenses !ncurred'bythe Engineer
as a result of such termination are due immediately. in the event the Engineer's compensation under this Agreement is a fixed fee, upon such
termination, the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a
ratio of the amount of work done, as reasonably determined by the Engineer, to the total amount of work which was to have been performed,
less prior partial payments, if any, which have been made,
(B) Insurance: The Engineer is protected by Worker's Compensation insurance (and/or employer's liability insurance) and by public liability
insurance for bodily injury and property damage and will furnish certificates of insurance upon request The Engineer agrees to hold the Client
harmless from loss, damage, injury, or liability arising directly from the negligent acts or omissions by the Engineer, Its employees, agents,
subcontractors; and their employees and agents, but only to the extent that same is actually covered and paid under the foregoing policies of
ElSman
&RUSSO
insurance. if 'the Client requires increased insurance coverage, the Engineer will, if specifically directed by the Client, take out additional
insurance, if obtainable, at the Client's expense.
(9) Limitation of Liability: In performing its professional services hereunder, the. Engineer will use that degree of care and skill ordinarily
exercised, under similar circumstances, by reputable members of its profession practicing in the sameor similar locality. No other warranty,
express or implied, is made or intended by the Engineer's undertaking herein or itsperformance of services hereunder, it is agreed that, in
accordance with and subject to the provisions of the foregoing Paragraph (8), to the fullest extent permitted by law, and not withstanding any
other provision of this Agreement, the total liability, In the aggregate, of the Engineer and irs officers, directors, partners, employees, agents; and
subconsultants, and any of them, to the Client and anyone claiming by, through, or under the Client, for any and all claims, losses, costsi or
damages of any nature whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes,
including, but not limited to, the negligence, professional errors or omissions, strict liability,.andlor breach of contract or warranty, express or
implied, of the Engineer and its officers, directors, employees, agents, or subconsultants, or any of them, shall not exceed the total compensation
received by the Engineer under this Agreement, or the total amount of $50,000, whichever is less, If Client prefers to have higher limits on
professional liability, the Engineer agrees to increase the, limits up to a maximum of $500,000 upon Ciienes written request at the time of
accepting this proposal provided that the Client agrees to pay an additional charge as a result of such increase, Under no circumstances shall the
Engineer be liable for extra costs or other consequences due to changed .conditions or for costs related to the failure of the contractor or
material men to install work in accordance with the plans and specifications.
(10) PermlttingfZoning. The Client is herein notified that several City, State, and Federal environmental, zoning, and regulatory permits may be
required for this Project. Engineer will assist the Client in preparing these permits at the Client's direction. However, the Client acknowledges
that it has the responsibility for submitting, obtaining, and abiding by all required permits. Furthermore, the Client holds the Engineer harmless
from any losses or liabilities resulting from such permitting or regulatory action.
(11) Safety, Should the Engineer provide periodic observations or monitoring services at the job site during construction, Client agrees that in
accordance with generally -accepted construction practices, the contractor will be solely and completely responsible for working conditions on the
job site, Including safety of all persons and property during, the performance of the work and compliance with OSHA regulations, and that these
requirements will apply continuously and not be limited to normal working hours. Any monitoring of the contractor's procedures conducted by
the Engineer isnot intended to include review of the adequacy of the contractor's safety measures in, on, adjacent to, or near the construction
site,
(12) Indemnification. In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by
law, to indemnify and hold°harmless the Engineer and its directors, employees, agents, and subconsultants from any against all damage; liability or
cost. including reasonable attorneys' fees and defense costs, arising out of or.in anyway connected with this Project or the performance by of
the parties above named of the services under this Agreemen4 excepting only those damages, liabilities, or costs attributable to the sole
negligence or willful misconduct of the Engineer.
(13) Construction Representation. Client agrees that the Engineer will not.be expected to make exhaustive or continuous on-site inspections but
that periodic observations appropriate to the construction stage shall be performed. It is further agreed that the Engineer will not assume
responsibility for the contractor's means, methods, techniques, sequences, or procedures of construction and it is understood that field services
provided by the Engineer will not relieve the contractor of its responsibilities for performing the work in accordance with the plans and
specifications, The words "supervision," "inspection," or "control" are used to mean periodic observation of the work and the conducting of
tests by the Engineer to verify substantial compliance with the plans, specifications, and design concepts. Continuous inspections by our
employees does not mean that the Engineer is observing placement of all materials: "Full-time inspection" means that an employee of the
Engineer has been assigned for eight-hour, days during regular business hours.
(14) Taxes. The purchaser of services described herein shall pay any and all applicable taxes in the manner and In the amount as required by law
whether these taxes are in effect at the date of this contract or if they become applicable In the future,
(1,S) Photographs. Photographs of any completed. project embodying the services of the Engineer provided _hereunder maybe made by the Engineer,
shall be considered as its property, and may be used by it for publication.
(16) Assignment and Subcontracting, Nothing under this Agreement shall be construed to give-:any.rights or benefits in this Agreement to
anyone other than the Client and the Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of the Client and the Engineer and not for the benefit of any third party, Neither the Client nor the Engineer shall assign, sublet,
or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this
Agreement without the written consent. of the other, except to the extent that any assignment, subletting, or transfer is mandated by law or the
effect of this limitation may be restricted bylaw. Unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this Paragraph shall prevent the
Engineer from employing such independent professional associates and .consultants as the- Engineer may deem _appropriate to assist In the
performance of services hereunder.
(17) Confidentiality, The Client hereby consents to the use and dissemination by the Engineer of photographs of the Project and to the use by the
Engineer of facts, data, and information obtained by the Engineer in the performance of the services hereunder. Notwithstanding the foregoing,
with respect to -any facts, data, or information specifically Identified In writing by the Client, the Engineer shall use reasonable_ care to maintain the
confidentiality of such identified material.
(18) Controlling Law and Venue. This Agreement shall be governed by laws of the State of Florida, and any suit or demand for arbitration (if
required by contract) filed against, the Engineer: for anything related to its services covered, by this Agreementshalhbe filed in Jacksonville, Duval
County, Florida.
(19) Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to, the respective parties Hereto, their legal representatives,
executors, administrators, successors, and assigns,
(20) Merger; Amendment. This Agreement constitutes the engre Agreement between the Engineer and the Client and negotiations and oral
understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by -a written document
executed by both the Engineer and the Client.
(21) Severability. Any provision in .this Agreement that is prohibited or unenforceable in any jurisdiction, shall be ineffective to the extent of such
prohibition or unenforceability without invalidating_ the remaining provisions hereof or affecting the validity or enforceability of such provision In
n er jurisdiction.
Client's Approving Initials
Englneer-'s Approving Initials
jP m n
i RULTrnc CNGINtt745
BRIGHTWAY AUTO SALES SITE IMPROVEMENTS
CONCEPTUAL CONSTRUCTION AND DESIGN COST ESTIMATE
ITEM
DESCRIPTION
UNIT
ESTIMATED#
UNIT COST
TOTAL COST
UANTITX
PREPARATION FOR CONSTRUCTION AND MOT
1
Site Preparation (Including Clearing, Grubbing, Demolition and
Stockpiling)
AC
0.76
$4,000.00
$3,040.00
2
Mobilization/incl. hauling debris
LS
1
$4,000.00
$4,000.00
3
Erosion Control and Pollution Abatement
LF
550
$4.75
$2,612.50
4
Maintenance of Traffic
LS
1
$2,500.00
$2,500.00
SITE AND EARTHWORK
5
Rough grade vehicle areas driveway
SY
989
$4.00
$3,956.00
6
Asphalt millings for storage lot
CY
150
$35.00
$5,250.00
7
Concrete pavement for ADA, driveway, and visitor
SY
352
$34.50
$12,144.00
6
Signage and striping
LS
1
$1,500.00
$1,500.00
9
Excavate dry retention basin/incl. control structure
IS
1
$9,000.00
$9,000.00
10
Sod retention basin/buffers
Pal
8
$300.00
$2,400.00
11
New trees/incl. mulch
EA
10
$260.00
$2,600.00
12
Shrubs/incl. mulch
EA
80
$28.50
$2,280.00
13
Concrete curbing
LF
460
$20.00
$9,200.00
14
Wheel stops
EA
13
$40.00
$520.00
15 Bike rack EA 1 $250.00
$250.00
16 Temp. gravel construction entrance LS 1 $975.00
$975.00
17 Design fees: Civil/Survey/Landscape/Geotechnical/Permits LS 1 $10,830.00
$10,830.00
Subtotal
$73,057.50
158 Contingency,
$10,958.63
TOTAL BASE HID:
$$4,016.13
EiSm-an
,��I USSO
CONSULTING ENGINEERS
October 21 , 2014
Mr. Ryan Hawkins
Brightway Auto Sales
13020 Biggin Church Road South
Jacksonville, Florida 32224
ATLANTIC -GULF SURVEYING
COMPANY, INC.
Land & Engineering Surveys
Re: Boundary, Topographic and Tree Survey of the property at
15 Simmons Street,
Atlantic Beach, Florida.
RE # 172162-0000
AGS Proposal No. P2014-2030
Dear Mr. Hawkins:
At the request of Mr. Larry Longenecker with Eisman and Russo Engineers, ATLANTIC -
GULF SURVEYING COMPANY, INC. is pleased to submit this proposal for professional
surveying services for the proposed project in Atlantic Beach, Florida. Our proposed scope
of services, schedule and fee are as follows.
SCOPE OF SERVICES
Task I - Boundary Survey
We will provide a boundary survey of the outlined portion of the above referenced property
(attachment 1). The survey will be prepared under the supervision of a professional land
surveyor, registered in the State of Florida, in accordance with the Minimum Technical
Standards for Land Surveying in the State of Florida.
Task II - Topographic Survey
We will provide a topographic survey of the above referenced property and adjoining
Southerly roadway. The survey will be prepared under the supervision of a professional
5736 Timuquana Road, Jacksonville, FL 32210
Phone 904-771-6412 Fax 904-778-8578
Mr. Ryan Hawkins
October 21, 2014
Page 2
land surveyor, registered in the State of Florida, in accordance with the Minimum Technical
Standards for Land Surveying in the State of Florida. Spot elevations will be taken at
intervals of not more than 50 feet. Contours at a 1 foot interval will be developed.
Elevations will be based on NAVD '88 Datum. Utilities will be shown based on field
observations and measurements and information provided by JEA.
Task III — Tree Survey
We will provide a tree survey showing those trees that meet the current City of Jacksonville
landscape ordinance requirements. The tree survey will be added to the boundary and
topographic survey.
SCHEDULE
From the notice to proceed, the services outlined in above will be accomplished within 3 to
3'/2 weeks, barring any unforeseen complications.
FEE AND BILLING
We will accomplish the services outlined in Tasks I and II for the fees as detailed below:
Task I — Boundary Survey $460.00
Task II — Topographic Survey $765.00
Task III — Tree Survey $165.00
Total Survey $1,390.00
INFORMATION REQUIRED FROM CLIENT
The following information is needed in order to perform the above referenced survey:
None required.
ADDITIONAL SERVICES
Any additional services beypnd the lump sum proposal items required by Brightway
Auto Sales will be performed at the following rates:
Registered Land Surveyor $85.00/Hour
CAD Technician $65.00/Hour
Field Party $100.00/Hour
5736 Timuquana Road, Jacksonville, FL 32210
Phone 904-771-6412 Fax 904-778-8578
Mr. Ryan Hawkins
October 21, 2014
Page 3
CLOSURE
If you concur in the foregoing and wish to direct us to proceed with the aforementioned
services, please execute the enclosed copy of this letter agreement in the space provided
and return the same to the undersigned. Fees and times stated in this agreement are valid
for thirty (30) days after the date of agreement by ATLANTIC -GULF SURVEYING CO., INC.
We appreciate this opportunity to submit a proposal. I will serve as project manager for this
project. Please contact me if you have any questions.
Sincerely,
Charles P. Delcambre, P.S.M.
Project Surveyor
ATLANTIC -GULF SURVEYING CO., INC.
Agreed to this aO day of , 2014
By:
Title:
5736 Timuquana Road, Jacksonville, FL 32210
Phone 904-771-6412 Fax 904-778-8578
Mr. Ryan Hawkins
October 21, 2014
Page 3
STANDARD PROVIS#ONS
(1) Payments for S @UhWs [Amicer wit be submitted by the Surveyor to the Client mor" for setNom performed and expenses Incurred
pursue t to thls Agreement during the prior month. When the surveyor's compensation Is on a lump sum fee basis, the statements will
be based upon the porton of total Swvk e"Bdualy completed at the tined biding. If the Surweyoes oompenzsatlon Is on an hourly basis,
the statements shall be based on time actually expended in providing the Services at the rates provided. Payment of each such Invoice
will be due wttMn thirty (30) days r"pt thereof. A service charge wit be added to dehfnquet accounts at the mWmum rate alioaed
by the law for each month of de inquency. if the Owner falls to make any payment due the Surveyor for services and
sbdy days (60) days after the Su s transnilbl of ka Invoice therefore, the Su expenses within
to the Client amounts
is d after g� seven (7) days written notice
suspend services under this Agreement until 1 has been pelf In illi amounts due for eeriness and expenses.
(2) Non-Contingpency, ClIeN ROMMedges and agraesthet the PWwrd for services rendered and woonses Incurred by the Surveyor
pursuant to this Agreemrent is not subject to any contingency unless the same is expressty set forth it this Agreement.
(3) Terrdnatfon. The obligation to provide further services under this Agreement may be terminated by ether party upon seven (7) days
written notice in the event of substantial failure by the other party to perform In accordance with the terns hereof through no fault of the
terminating party, In the event of any fermirsation, all expenses subject to reimbursement hereunder, and other reasonable expenses
incurred by the Surveyor as a result of such termination, In the event the Surveyor's compensation under this Agreement is a Hied fee,
upon such tarmlallon the amount payable to the Surveyor for services rendered wilt be detemtned taring a proportional amount of the
total fee based on a ratio of the amount of work done, as reasonably determined by the Surveyor, to the total amount of work which was
to have been performed, less prior partial laymen, If any, which have been made.
(4) Li N . The Surveyor Is protected by Worker's Cort tion Insurance (and/or employer's labfl ty hwranoe), and by public liability
Insurance for bodily Injury and property damage and will furnish oetifxcates of insurance upon request. The Surveyor agrees to told
the Client harmless from loss, damage, krjury or liability arising directly iron the negligent acts or omissions by the Surveyor, its
employees, agents, subcontractors and their employees and agents but only to the extant that same Is &dually covered and paid under
the foregoing pollchos of insduranco. If the Client requires Increased insurance coverage, the Sur eyor will, if specifically directed by the
Client, take out additional insurance, if obtainable, at the Clert's expense.
(6) WmdtaUon of tiabUtty. In performing Its professional services hereunder, the Surveyor will use that degree of care and skUl ordinarly
exercised, under similar circumstances, by reputable members of its profession predicting In the same or sinter locality. No other
warranty express or hnpled, Is made or intended by the Surveyor's undertaking herein or is performance of services hereunder. It Is
agreed that, In accordance with and subject to the provisions of the foregoing paragraph (4), the Client will limit any, and aU liability, claim
for damages, cost of defense, or expenses to be levied against the Surveyor on account of any and all design defects, errors, ornisslom,
or professional negligence to the amount actually paid In compensation for, or with reaped to, such lability, claim, cost, or expense under
any policy orpolicles or professional liability insurance maintained by the Surveyor, Unnderroeircumstancesshalithe Surveyorbelable
for eWa costs or other consequences due to changed conditions or for costs related to the failure of the contraeW or material men to
Install work in accordance with the plans and specifications.
(6) Assignment and SubeonVadfna. Nothing under this Agreement shall be construed to give any rights or benefits In this Agreement
to anyone other than the Client and The Surveyor, and all duties and responsibilities undertaker pursuant to this AgreementWil be for
the tole and exclrshve benefit of the Client and the Surveys and not for the beneft of any party. Neither Use Client no the Surveyor shall
assign, sublet or transfer any rights under Interest In (Including tart without limitation, moneys that may become due or moneys that are
due) this Agreement without Ua written conaent of tha diner, eraept to the extent that any assignment, subletting or transfer Is mandated
by law or the effect of this Imitation may be restricted by law. unless spectricairy stated to the contrary in any written consent to an
assignment, no assignment wit release or discharge eine assignor from any duty, or responsibility under this Agreement. Nothing
contained in this paragraph shall prevent the Surveyor from employing such independent professional associates and consultants as
the Surveyor may deem appropriate to assist in the peAonnetce of services hereunder.
(7) Confidentialfty. The Client hereby consents to the use and disseminates by the Surveyor to the use by the Surveyor of facts, data and
Intonation obtained by the Surveyor In the performance of the services hereunder. Notwithstanding the foregoing, with respect to any
facts, data or Information specifically Identified in wniting by the Client, the Surveyor shall use reasonable care to maintain the
confidentiality of such Identified material.
(8) Cantrolthnq l.aw and Venue. This Agreement to be governed by the taws of the State of Florida.
(9) 8irtdNw Effect. This Agreement shall bid, and the benefits thereof slat Inure to the respective parties hereto, their lel
representatives, executors, administrators, successors and assigns.
(to) Merger Amenallment. This Agreement constitutes the entire Agreement between the Surveyor arc! the Client, and negotiations and
Drat understandungs between the parties are merged herein. This Agreement can be supphemerted adlor amended only by a written
document executed by both the Surveyor and the Client.
(11) Severability. Any provision In this Agreement that is prohibited or unenforceable In aryjurisdtetion, be ineffective to the &dent of such
prohibition or tnentorce"ty without InveiidelnIg the remaining provisions hereof or affecting the validity or enforceability of such
7in any other jurisdiction.
ewffs Approving "Itais
C�tl
Surveyors Approving Initials
G;%OFRCE_F1LES1FCftMSiSTANDPRVS AGS.YV
Jury 31, 1998
�NTIC-
4 ATLANTIC - GULF SURVEYING CO.
5736 Timuquana Road, Jacksonville, FL 32210
Phone 904-771-6412 Fax 904-778-8578
Gary R Crumley
Landscape Architect
40517 1h Avenue N.
Jacksonville Beach FL 32250
Cell 904-233-4455
LA1362(a HOTMAIL.COM
October 16, 2014
To: Larry Longenecker
c/o Eisman & Russo, Inc.
6455 Powers Ave.
Jacksonville FL 32217
Proposed site for:
Brightway Auto Sales
15 Simmons Street (at Mayport Rd.)
Atlantic Beach, FL 32233
(Currently held by Beaches Woodcrafters)
Proposal for Services:
Project Number 141016
Landscape Plans
COAB approval
Lump sum $750
A retainer of $250
$500 upon approval of plans
Client: Ryan Hawkins (owner)
904-233-1649
Bizcoh316(d)aol.com
Optional services:
Additional $250 for drip/spray automatic irrigation plans.
Prints are $4.00 each; paid by the owner.
Permits fees, boundary, tree and topo survey; and other fees paid by owner.
Civil plans by others.
Please sign and return with deposit to begin work.
Checks payable to: Gary R. Crumley
I approve of the proposed contract as stated above.
Owner ate:LI-11
Gary R Crumley
Landscape Architect
405 17th Avenue N.
Jacksonville Beach FL 32250
Cell 904-233-4455
LA1362(a?HOTMAIL. COM
Scope of Work: Landscape Architectural plans for approval by City of Atlantic Beach FL
Proposed Site Plan provided by Civil will include:
Topographic data and boundary of property, limits of work
Tree survey showing existing trees and their species/diameter
Parking and vehicular use areas, ADA accessibility and sidewalks
Requirements for site, land use & zoning, adjacent properties
ACAD dwg file in 2004 format to be provided by Civil prior to work
Sheet L-1 Landscape Planting Plans — "Florida Friendly Design"
Mitigation — if any trees are to be removed they shall be included on sheet L-1
Landscape calculations (Buffers & VUA)
ADA compliant access from sidewalk to entry(s)
Planting schedule and species compliance with allocated native requirements
Designation of water consumption zones (low, medium or high)
Irrigation by hose bibb by owner — plans additional fee for automatic system
Not included, but available services offered:
Irrigation and drip irrigation "low volume" plans with specifications.
Plans for hardscape elements such as lighting, pergolas, retaining walls, pavers, etc.
Plans for civil design, storm water management and drainage calculations.
Plans for topographic and tree survey.
Plans for architectural and interior design.
On-site construction inspection and administration.
(on request for additional design fees.)
Old Republic National Title Insurance Company
121 West Forsyth Street
Suite #500
Jacksonville, Florida 32202
SCHEDULE A
FILE NO.: 14087792 MK
Agent File # LMT 14-1939
County: Duval
1. Effective Date: September 29, 2014 at 05:00pm
2. Policies to be Issued: Proposed Amount of Insurance:
(a) ALTA 2006 OWNER'S POLICY Amount: To Be Determined
(with Florida Modifications)
Proposed Insured: Premium: $
Brightway Holdings, LLC
(b) ALTA 2006 LOAN POLICY Amount: To Be Determined
(with Florida Modifications)
Proposed Insured: Premium: $
To Be Determined, its successors and/or assigns as their interests may appear
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
Hoey Enterprises, LLC
5. The land referred to in this Commitment is described as follows:
All of Lot 8; Lot 4, Block 9; Lots 1, 2 and 3, Block 22 and Block 23, excluding therefrom the North 150
feet (except the East 40 feet) of said Block 23, Donner's Replat, a subdivision according to the plat thereof
recorded at Plat Book 19, Page 16, in the Public Records of Duval County, Florida.
ALTA COMMITMENT Page I
FILE NO.: 14087792
SCHEDULE B - SECTION I
REQUIREMENTS
Requirements:
Payment of the full consideration to, or for the account, of, the grantors or mortgagors.
2. Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record:
a) Warranty Deed from Hoey Enterprises, LLC to the proposed insured.
b) Mortgage from Brightway Holdings, LLC to the proposed insured mortgagee.
Other instruments which must be properly executed, delivered and duly filed for record, and/or other matters
which must be furnished to the company:
a) The agent must:
(1) Determine that Hoey Enterprises, LLC is in good standing in the state of its formation; and
(2) Establish that the manager(s) or member(s) executing the deed or mortgage to be insured are
authorized by the Articles of Organization or Operating Agreement of the limited liability company
to execute said instruments on behalf of the company.
b) The agent must:
(1) Determine that Brightway Holdings, LLC is in good standing in the state of its formation; and
(2) Establish that the manager(s) or member(s) executing the deed or mortgage to be insured are
authorized by the Articles of Organization or Operating Agreement of the limited liability company
to execute said instruments on behalf of the company.
Note: The following is for informational purposes only and will not appear in the policy to be issued: The
following deed(s) affecting the land described in Schedule A hereof cover a minimum twenty-four month
period prior to the effective date of this commitment:
OR Book 10978, page 1457
NOTE: All recording references in this commitment/policy shall refer to the Public Records of Duval
County, unless otherwise noted.
SCHEDULE B SECTION H IS CONTINUED ON AN ADDED PAGE
ALTA COMMITMENT Page 2
FILE NO.: 14087792
SCHEDULE B - SECTION H
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or
attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments on the
Land of existing improvements located on adjoining land.
3. Rights or claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materiahnen's lien claims, if any, where no notice thereof appears of
record.
5. Easements or claims of easements not shown by the public records.
6. General or special taxes and assessments required to be paid in the year 2014 and subsequent years.
7. All matters contained on the Plat of Donner's Replat, as recorded in Plat Book 19, page 16.
8. Rights of tenants under any unrecorded leases.
Note: Taxes for the year 2014 became a lien on the land January 1st although not due or payable until
November 1st of said year. Taxes for the year 2013 in the amount of $16,029.39 are paid. Tax ID Number
172162-0000.
ALTA COMMITMENT Page 3
FILE NO. 14087792
Commitment for Title Insurance
(with Florida Modifications)
Issued By Old Republic National Title Insurance Company
Old Republic National Title Insurance Company, a Minnesota corporation ("Company"), for a valuable consideration, commits to
issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as
owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A, upon payment of the premiums and
charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the
fault of the Company.
The company will provide a sample of the policy form upon request
This Commitment shall not be valid or binding until countersigned by an authorized office of the Company or an agent of the
Company.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by
its duly authorized officers on the date shown in Schedule A.
Issued through the Office of OLD REPU13UC NATIONAL TITLE IWORANC6 COMPANY
LANDMARK TITLE, A DBA A gWckCw.px j
4540 SOUTHSIDE BLVD. aW Sec�A»A sola, Mov4— s; At smrj 55$61
#702 tb�?137r-r113
JACKSONVILLE, FL 32216
Phone: 904-998-9733 sy
Authorized Signature j �1 f �,
ORT Form 4308FL
ALTA Commitment for Title Insurance 06/06
FILE NO. 14087792
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or
(c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company whether or not based on negligence arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
The policy to be issued will contain the following arbitration clause: Unless prohibited by applicable law, arbitration pursuant
to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the
Company and the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the
Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the
state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request
ORT Form 4308FL
ALTA Commitment for Title Insurance 06/06
UtbGRIPTION I
PROJECT NAM
PROJECT LOC)
PROPOSAL, #
CLIENT:
SERVICE AUTHORIZATION SHEET
i;uinp Sum flee Fur Serviees• $400 00
PAYMENT TERMS; Compensation for services renderer ill be in accordance with the proposal
referenced above. Invoices will be issued monthly. Payment is due. upon receipt, A late payment
charge of 18 % per annum or the maximum amount allowed by law will be applicable if payment isnot
made within 30. days after the invoice date. The client will also. pay any cost of collection, including
reasonable attorneys fees.
PROPOSAL. ACCEPTANCE:
The terms and conditions of this Proposal, including Terms on this page and the reverse hereof;.
Accepted this__ -07� _ d of ®C��
�'-i ��l�✓,�l ITS / .I'2-1 e� AV I r4 1 Yvsoz 1-1 �
Print or Typ�wvvdaI, ring,
Gv ii efL
AGES of JAX, Inc.
P O Box 24008, Jacksonville F132241-4008
9556 Historic Kings Road South, Suite 201 • Jacksonville, Florida 32257m2040
(904) 886-0766 0 (904) 880-5190 (FAX)
TERMS AND CONDITIONS
WARRANTY AND LIABILITY
A. Standard of Care - Services under this contract will be
performed in accordance with that degree of care and skill
ordinarily exercised under similar conditions by reputable
members of our profession practicing in the same locality. No
other warranty, expressed or implied, Is made or intended by the
proposal for consulting services or by furnishing oral or written
reports of the findings made.
Limitation of Liability - It is agreed that client will limit any and
all liability for any damage on account of any error, omission or
other professional negligence to a sum not to exceed $50,000 or
the amount of the fee, whichever is greater. if client prefers to
have higher limits of professional liability, the limits can be
Increased to a maximum of one-mlllion ($1,000,000.00) dollars
upon client written request at the time of acceptance of this
proposal provided that client agrees to pay an additional
consideration of 10 percent of the total fee or $1,000.00,
whichever is greater. The additional charge for the higher liability
limits is because of the greater risk assumed and is not a charge
for additional professional liability insurance.
C. Claims - In the event that client makes a claim against our
company, at law or otherwise, for any alleged error, omission, or
other act arising out of the performance of these professional
services and client fails to provide such claim, then the client
shall pay all costs incurred by our company in defending itself
against the claim. Such costs Include but are not limited to
personnel related costs, attorney's fees, court costs and other
claim -related expenses.
INSURANCE
Our company agrees to maintain statutory workers'
compensation coverage employer's liability, comprehensive
general and automobile liability insurance coverage, and
professional liability insurance coverage. Certificates can be
issued upon request identifying details and limits of coverage as
mutually agreed upon between the parties.
SAFETY
Should ourcompany provide observations or monitoring services
at the jobsite during construction, client agrees that, in
accordance with the generally accepted construction practice, the
contractor will be solely and completely responsible for working
conditions on the jobsite, including safety of all persons and
property during the performance of thework and compliance with
OSHA regulations, and these requirements will apply
continuously and will be limited to normal working hours. Any
monitoring of the contractor's procedures conducted by our
company does not include review of the adequacy of the
contractor's safety measures In, on, adjacent to, or near the
construction site.
PROTECTION OF PROPERTY
It shall be the responsibility of the client or his duly authorized
representative to disclose the presence and accurate location of
all hidden or obscure man-made objects relative to field tests or
boring locations. Our company will take reasonable precautions
to prevent damage to property. We will not be liable for damage
or injury arising from damage to subterranean structures (pipes,
tanks, telephone cables, etc.) which are not called to our
attention and correctly shown on the plans furnished us. Client
agrees to indemnify and hold harmless our company from all
claims, suits, losses, personal injuries, death and property liability
resulting from unusual subsurface conditions and fordamages to
subsurface structures owned by client or third parties occurring
in the performance of the proposed services, whose presence
and exact locations were not revealed to us in writing, and to
reimburse us for expenses in connection with any such claims or
suits, including reasonable attorney's fees.
RiGHT OF ENTRY
Unless otherwise specified, the client will furnish our authorized
representative and their equipment the right -of -entry to the jobsite
to perform the work. Reasonable precautions will be taken to
minimize damage to the land from use of our equipment. If the
client desires us to restore the land, the cost will be added to the
fee,
FIELD MONITORING AND TESTING
Client agrees that our company will be expected to make on-site
observations appropriate to the construction stage. The client
further agrees that our company will not assume responsibility for
the contractor's means, methods, techniques, sequences or
procedures of construction and it is understood that the field
services provided by our company will not relieve the contractor
of his responsibilities for performing the work in accordance with
the plans and specifications. The words "supervision,'
"Inspection" or "control" are used to mean periodic observation of
the work and the conduction of tests by the geotechnical
consultant to verify substantial compliance with the plans,
specifications and design concepts. Continuous monitoring by
our employees does not mean that our company is observing
placement of all materials.
SAMPLING OR TEST LOCATION
Unless otherwise stated, the fees in this proposal do not include
costs associated with surveying of the site for the accurate
horizontal and vertical locations of tests. Field tests or boring
locations described in a report or shown on sketches are based
upon information furnished by others or estimates made in the
field by our representatives. Such dimensions, depths or
elevations should be considered as approximations unless
otherwise stated. If the client specifies the test or boring location,
we reserve the right to deviate a reasonable distance from the
location specified.
SAMPLE DISPOSAL
Unless otherwise requested, test specimens or samples will be
disposed of immediately upon completion of tests, and other
drilling samples or specimens will be disposed of 60 days after
submission of our report. Upon written request, we will retain test
specimens or drilling samples for a mutually acceptable storage
charge and period of time.
HAZARDOUS SUBSTANCES
Client agrees to advise us prior to our beginning work of any
hazardous substances on or near the site. In the event that test
samples obtained during ourwork contain substances hazardous
to health, safety or the environment, these samples remain the
property of the client. Likewise, any equipment contaminated
during our services which cannot be reasonably decontaminated
shall become the property and responsibility of client. Such
samples and/or equipment will be delivered to client. Client
agrees to pay transportation costs for samples and equipment
and the fair market value of contaminated equipment.
10. TERMINATION
In the event that the client requests termination of the work prior
to completion, we reserve the right to complete such analyses
and records as are necessary to place our files in order and,
when considered necessary by us to protect our professional
reputation to complete a report on the work performed to date.
A termination charge to cover the costs thereof in a amount not
to exceed 30 percent of all charges incurred to the date of the
stoppage of work may, at our discretion, be made.
11. GOVERNING LAW
This agreement shall be governed in all respects by the laws of
the State of Florida.
12. BOREHOLES
AGES accepts no responsibility for actual or alleged damage(s)
resulting from the presence of boreholes at the site. The borings
are performed for the benefit of the client at his request and he
is aware of the boring locations. The client recognizes that
boreholes create inherent flaws in the subsurface stratification
and can reopen or subside for a variety of reasons after a period
of time when backfilled with soil materials. The client typically
maintains a presence at the site following AGES's demobilization
and is better able to monitor the boreholes and deal appropriately
with the particular hazard(s) they represent. AGES will attempt to
backfill boreholes with soil materials as appropriate for the site
conditions at the time of our drilling activity. If desired, AGES can
grout each borehole from the bottom to the surface following our
drilling activities, however, additional fees will apply for this
service.
terms.sht
fjIRS DEPARTMENT OF THE TREASURY
vba�P IRS
INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
BRIGHTWAY HOLDINGS LLC
RYAN J HAWKINS MBR
13020 BIGGIN CHURCH RD S
JACKSONVILLE, FL 32224
Date of this notice: 09-23-2014
Employer Identification Number:
47-1904911
Form: SS -4
Number of this notice: CP 575 B
For assistance you may call us at:
1-800-829-4933
IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN). We assigned you
EIN 47-1904911. This EIN will identify you, your business accounts, tax returns, and
documents, even if you have no employees. Please keep this notice in your permanent
records.
When filing tax documents, payments, and related correspondence, it is very important
that you use your EIN and complete name and address exactly as shown above. Any variation
may cause a delay in processing, result in incorrect information in your account, or even
cause you to be assigned more than one EIN. If the information is not correct as shown
above, please make the correction using the attached tear off stub and return it to us.
Based on the information received from you or your representative, you must file
the following form(s) by the date(s) shown.
Form 1065
04/15/2015
If you have questions about the form(s) or the due date(s) shown, you can call us at
the phone number or write to us at the address shown at the top of this notice. If you
need help in determining your annual accounting period (tax year), see Publication 538,
Accounting Periods and Methods.
We assigned you a tax classification based on information obtained from you or your
representative. It is not a legal determination of your tax classification, and is not
binding on the IRS. If you want a legal determination of your tax classification, you may
request a private letter ruling from the IRS under the guidelines in Revenue Procedure
2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note:
Certain tax classification elections can be requested by filing Form 8832, Entity
Classification Election. See Form 8832 and its instructions for additional information.
A limited liability company (LLC) may file Form 8832, Entity Classification
Election, and elect to be classified as an association taxable as a corporation. If
the LLC is eligible to be treated as a corporation that meets certain tests and it
will be electing S corporation status, it must timely file Form 2553, Election by a
Small Business Corporation. The LLC will be treated as a corporation as of the
effective date of the S corporation election and does not need to file Form 8832.
To obtain tax forms and publications, including those referenced in this notice,
visit our Web site at www.irs.gov. If you do not have access to the.Internet, call
1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office.
(IRS USE ONLY) 575B 09-23-2014 BRIG B 9999999999 SS -4
IMPORTANT REMINDERS:
* Keep a copy of this notice in your permanent records. This notice is issued only
one time and the IRS will not be able to generate a duplicate copy for you. You
may give a copy of this document to anyone asking for proof of your EIN.
* Use this EIN and your name exactly as they appear at the top of this notice on all
your federal tax forms.
* Refer to this EIN on your tax -related correspondence and documents.
If you have questions about your BIN, you can call us at the phone number or write to
us at the address shown at the top of this notice. If you write, please tear off the stub
at the bottom of this notice and send it along with your letter. If you do not need to
write us, do not complete and return the stub.
Your name control associated with this EIN is BRIG. You will need to provide this
information, along with your EIN, if you file your returns electronically.
Thank you for your cooperation.
Keep this part for your records. CP 575 B (Rev. 7-2007)
Return this part with any correspondence
so we may identify your account. Please
correct any errors in your name or address.
Your Telephone Number Best Time to Call
CP 575 B
9999999999
DATE OF THIS NOTICE: 09-23-2014
EMPLOYER IDENTIFICATION NUMBER: 47-1904911
FORM: SS -4 NOBOD
INTERNAL REVENUE SERVICE BRIGHTWAY HOLDINGS LLC
CINCINNATI OH 45999-0023 RYAN J HAWKINS MBR
13020 BIGGIN CHURCH RD S
JACKSONVILLE, FL 32224