Loading...
1024 Main Street 15-DRTV-1073---- ---------- TREE & VEGETATION REMOVAL INSTRU CTI ONS (1) Complete and sign this form. (2) Attach t he req uired sup p orting ex hibits as li sted o n the applicat ion ch ecklist. (3) Co ntact the De pa rtment of Co mmunity Development if you have q uestions or need assistance completing the ap plication or determining which exhIbfts are required for your particu lar project. (4) Submit this form, along with aU requited exhibits and paym ent to the City of Atlantic Beacl\ and In the appropriate amount accord ing to the application fees listed to the right, to the reception desk at the Building Department SECTION I -SITE INFORMATION PHYSICAL ADDRESS PERMIT APPLICATION City of Atlantic Beach Department of Community Development 800 Seminole Road Atlantic Beach, FL 32233 (P) 904 247-5800 (F) 904 247-5845 IX' Single~ / Two-Family Residential $125.00 r Multi-Family Residential $250.00 r Commercial/Industrial $250.00 r Institutional/Other Non-residential $250.00 Application #TREE .l2-'VOZ--r -\073 If an address has not been assig,ned to this property, contact the AB Building Department at (904) 247-5826 to request an address. . 8(ttCh Sec \-\ SUBDIVISION () '3 \\ q f\-\'\o.MC, BLOCK ~ 8' ~ LOT 3 RE # I '1 ~~3 ~ oWO SECTION 11-APPLICANT INFORMATION P'-0WNER r LEGAL AUTHORIZED AGENT * NAME OF APPLICANT ADDRESS OF APPLICANT I0 d~ H CU'Y'I strut fA+\ ClOt) c. BeClci, ( fL ,3d.;1. 33 PHONE qO!./ -'J3F~ '-/S~~ CELL EMAIL --->.,J' '.......' ____-;-------,._--­ r ~PleaS( chreV+-a.11 C,omm\,ln ICQ>.n 01\ to J-eYlY'\\fer 0.t ,ere., SECTION 111-TREE &VEGETATION REMOVAL REQUEST Gtc,neY'a.1 C,oY1rro..ctVTS . CjO!.\ ·)4I-44111 Jenn~@. rpCjc.c o I REQUEST THAT THE TREES & VEGETATION ON THE ABOVE DESCRIBED PROPERTY AND INDICATED ON THE ATIACHED REQUIRED EXHIBITS BE APPROVED FOR REMOVAL, AS PROVIDED IN THE CITY OF ATLANTIC BEACH VEGETATION CODE, CHAPTER 23, FORTHE FOLLOWING REASONS (check all that apply): r Vegetation (trees) are difficult to maintain / owner dislikes. Trees are dead, diseased or so weakened by age, storm, fire, or other injury so as to pose a danger to persons, property, improvements or other trees. r Vegetation (trees) pose a safety hazard to pedestrian or vehicular traffic or cause disruption to public utility services. r Vegetation (trees) pose a safety hazard to buildings or structures. r Vegetation (trees) completely prevent access or cross access to a lot or parcel. tot Vegetation and/or trees prevent development or physical use. It is the intent of this proviSion that a permit shall be granted for V' the removal of vegetation and/or trees when the applicant has demonstrated an effort to design or locate the proposed improvements so as to minimize the removal ofvegetation and/or trees . I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITHIN THIS APPLICATION IS CORRECT AND I AGREE TO COMPLY WITH ALL PROVISIONS OF CHAPTER 23, PROTECTION OF TREES AND NATURAL VEGETATION, AND ALL OTHER APPLICABLE CODES AND ORDINANCES OF THE CITY OF ATLANTIC BEACH. ~ ~~ ZJ~2,201S- SIGNATURE OF APPLI~ -'D""'AT""'Ec.......::::'--'----'---=-----'----­ FOR INTERNA L OFFICE USE ONLY FRONTAGE FLU ZVAR ESA SR-' DEPTH ZONING UBEX HIH SR-l AREA /SA WAIV OAB CR Tree & Veg etation Removal Permit Application_versionol.0l .o9 EXHIBIT A. LETTER OF AUTHORIZATION DRTVI0-________ is hereby authorized to act on behalf of the owner(s) of those lands described withinL-e.e 8 Sall~ fia&terS the attached application, and as described in the attached deed or other such proof of ownership as may be required by the City of Atlantic Beach in applying for a development permit, BY: Sa \\~ f\.a. &.\-e.r .s: Printed Name Mailing Address ~o~ -1Yl-Lj5tf~ Phone Cell Fax Email State of: Fl o f~~ County of: ~ ~~~~L!~\~)~aA-~----------- Oath sworn: ~ I No I My Commission expires: ,1'1 11 11", RENEE JOHNSON /oP. /<-\. Notary Public· Stale of Florida ~,: : ,; My Comm. Expires Dec 13,2016 ~,~: :~.? Commission # EE 828086 "'~to.~V Pu&'" '/~-o~ f\..\:""" '""""., Bonded Through Nationat Notary Assn. EXHIBIT A_Letter ofAuthorization_V05.lO.lO r------------------------- ---,---­e EXHIBIT B. TREE & VEGETATION INVENTORY Application # TREE __-_ _____ For the removal of 25 trees or less associated with major development, redevelopment or renovation of or addition to single­family or two-family structures, or the removal of 25 trees or less associated with the renovation of or addition to all other non­residential uses, use the grid below to create a Tree & Vegetation Inventory. Note the scale on the bottom of the page. Plot the boundaries of the subject property, as well as existing and proposed structure(s). Label all adjacent streets, Note the location of trees to be removed with an "X", Note the location of trees to be preserved with "[ In. Note the proposed location of replacement (mitigation) trees with "0", Number all trees, whether to be removed, preserved or replaced, and list on EXHIBIT C. Tree & Vegetation Mitigation Worksheet. ------~-----------------------------------+------------,-,­-­I I [~ I I I I I I I -, I ® lei) I I I I ~ ~ I. I I I i PREPARED BY : I -1­ o --~ I I l ls.~ I I I 'f to I I ~- ~q,~ i , I I ! I . I l--l-!'--!I I I I I I I I mlt:lOatlolnl trees with "0". B. & VEGETATION INVENTORY Application # TREE of 25 trees or less associated with major or renovation of or addition to t1,"~_t"rr..ll" structures, or the removal of 25 trees or less associated with the renovation of or addition to all other non-uses, use the grid below to create a Tree & Note the scale on the bottom of the page. Plot the of the subject property, as well as and proposed structure(s). Label all adjacent streets. Note the location of removed with an "X". Note the location of trees to be with "( ]". Note the location of Number all trees, whether to be removed, or and list on EXHIBIT C. Tree & \f(>(lt>r;>rlrm Mitigation Worksheet. SCALE: 1 SQUARE:= EXHIBIT B_Tree & Vegetation Inventory_version PREPARED BY: EXHIBIT C. TREE VEGETATION MITIGATION WORKSHEET Application # TREE _ -____ 1 of 2 EXHIBIT C Tree & Vegetation Mitigation WorksheecversionoI.OI.09 ~ TREE REMOVAL PERMIT City of Atlantic Beach " " Building and Zoning Department 800 Seminole Road Atlantic Beach, Florida 32233-5445 Phone: (904) 247-5826 Fax: (904) 247-5845 Email: Building-Dept@coab.us Permit: lS-DRTV-XXXX Applicant: Sally and Lee Masters Address: 1022 Main St, Atlantic Beach , FL 32233 Site Address: 1024 Main St Phone: (904) 738-4542 RE#: 170995-0600 Email: Jennifer@rpcgc.com TREE REMOVAL CALCULATIONS I REMOVED Legacy (non-oak) Legacy (oak) Oaks Palms Others Total Protected Trees Removed : o 23 .6 10l.3 o 32.7 157 .6 Mitigation Needed: ° 11.8 50.65 ° 16.35 78.8 15.3", 15.2 ", 16.5" Water Oaks ; 7.6" Popcom; 18 .2" 23.6" 19.1" IT' Live Oaks; 13", Trees Removed: 12 .1" Magnolias MITIGATION Legacy (non-oak) Legacy (oak) Oaks Palms Others Total Credit for Trees Preserved: 0 0 0 0 5 5 Credit for Trees Relocated: 0 0 0 0 0 0 Credit for Trees Planted: 0 0 0 0 0 0 Total: 5° ° ° ° ° Trees Preserved: 5" Florida Fiddlewood Tr ees Relocated: None Trees Planted: None* *Planted Legacy Tree species receive DOUBLE credit when replacing non-Legacy Trees . The Legacy Tree list includes Bald Cypress, Southern and Eastern Red Cedars, Winged and Florida Elms, Live and Sand Live Oaks, Hickory, Pecan, Pignut Hickory, Loblolly Bay, Southern and Sweetbay Magnolias, Red a nd Florida Maples , and Tupelo . ADDITIONAL MITIGATION REQUIRED (Mitigation Needed --Total) Legacy (non-oak) Legacy (oak) Oaks Palms Others Total New Trees Planted: 0 11.8 50.65 0 11.35 73.8 or Payment Into Tree Fund: $0.00 $1 ,451.40 $6,229.95 $0.00 $1,396 .05 $9,077.40 or A Combination of the Above Additional Notes: Mitigation is I inch preserved or planted for every 2 inches removed. Tree Fund rate is $123.00 per inch. Status is in accordance with the City of Atlantic Beach code of ordinances in effect at the time of application submittal. APPROVED DENIED I HEREBY CERTIFY that on this before me, an officer aforesaid to take acknowledgments. personally appea FLATT , HIS WIFE to me known to be the person(s) ll""".l."""ll in and who executed the instrument and the same. 87 WILLIAM G. NO~, JR. NOE & EAKIN ATLANTIC BOULEVARD, SUITE 6 ~T 6286 pc2145 ,~ OFFICIAL RECORDS ~ ATLANTIC BEACH, FL. 32233 'm~i9 ~~ratt y b Made the 3 of February A.D. 19 87 by WILLIAM E. FLATT AND LINDA M. FLATT , HIS WIFE to AND SALLY A. MASTERS , HIS WIFE whose post office address is: 1022 MAIN STREET, ATLANTIC BEACH, F10r 32233 Located in DUVAL County, heremafter r~lled the !!rantee: (Whn~'\'d tj~t·,J hnl,'lfl rht, ft"rm '\rr;llltnr" ;tnd "gr;\otct''' IIh'IIIJe ali rtl!' ~)anif" to dlL' in:,trHml'nf ..lOti tht> hdr~, It-fr!JI rq'fc<','llItH1Vl').. ;)f!\! ;l-;S\(l"r'l<; or lntii'Vklual:;, and dlt' ~u(n'S$ors and R~si$!ns of (orpnrations) 3llilitUl'9Sdh: That the grantor. for and in consideration of the sum of $ TEN & NO/IOO and other val~ahle \ whereof is hereby acknowledged, hereby grants. hargains. aliens. remises. conveys [mJ confirms unto the grantee, all that certain land situate in DUVAL 184, SECTION 'H', ATLANTIC BEACH, Florida 3, plat current to recorded in Plat Book 18, page 34, ic records of Duval Coun SUBJECT TO covenants, restric ons, easements of record and taxes the current year. and nor members not the homestead of the Grantor(s) under the laws of the State of Florida in that n ther Grantor{s} of the household of Grantor(s) res e thereon. 'ill.oBl't~l'r with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, ;MaUl' ltnb to ;Molb, the same in fee forever, J\nb the grantor herehy covenants with said grantee that the grantor is lawfully seized said land in that the F!rantor has good and lawful to sell and convey said land; that the grantor fully warrants thC' tid", to said land and will defend the same against the lawful claims of all persons whomsoever: and that said land is fr<::e of all encumbrances. except taxes accruing to 31. 19 86 c3Jtt ~ihtl?9S B~l.'rl'of, the said grantor and sealed these presemsthe day and year ahove written, STATE OF COUNTY OF DUVAL duly authorized in the State aforesaid and in the WILLIAM E. FLATT AND LINDA M. acknowledged before me WITNESS my hand and official seal in the February , A.D. 19 S..., . ')r::~ .~4767 r F P12: 54 87-7187 ..IB STANDARD AGREEilU<:NT RECOMMENDEIJ BY THE REACHES BOARD JtEALTORS, INC. DJ<:I'OSIT RECEIPT & PURCHASE AND SALE AGREEMI alALloq" ~p .j? PARTIES:'! ~. ??L;j~;~¢J!iA=-4_) ~1'-/~ ~~j{.y-tG ;1J~¢ (l1UYER),,(',,9) of IOJ'.4. ~<L.t; d:.t:t:?L,dl,c/bf:' t;A_~ ::3;;;;";L (Phone)_d~4 -~ r;.z. and ltw~ ~, J='C:d;[;' 4L_~,o~&~ ?xl h:f" ':~______-,-_ (StiLLER). of rAStJ:? ... -;--:(:;;"'C~c:.1C£&=!t.~~~W~"~.i~f'~' 4:kMd#~Jt,=!.. _-'--""'C--'~. which terms may be singular or plural and shall include the heirs, ~u csso~s, Jlersonal represenlativef; anri of SELLER and BUYElt, hereby agree thaI SELLER will sell and BUYER will buy the following property, upon the following tenns \ conditions if completed or marke~:I. [n any conflict of terms or ~ditions, that which is added shall superscde that which is printed or markt" I The Property is in ~..L:,-County"Florida, and is legally described as follow" ur lengthy, attach legal description.): ~~ 3( 6€-I ftf. J~~~v-.)-II- Address: (.:s'''O ;< 1/ () A ) II is underslood Ihalthe property will be conveyed by GENERAL WARRANTY DEED (unless otherwise required) subjecl l(j Cllrrent taxes, existing wning (unle~s specified otherwise in Paragraph 8), convenants, restrictions and easements of record, 1. TOTAL PURCHASE PRICE to be paid by BUYER is payable as follows (A) Binder deposit, which will remain a binder unlil closing. IInle:;s mnner forfeited or returned, according I() Ihe provisions of this agreement "".,.""",.".,." .. ".""."", ,.,",""'"." ... ,",.,' $ ........... ...£fI....O 6 (B) Additional binder deposit due within .... " ...... days after date of acceptance of this agreement """"""'" $ ..... " ,," ......... " .. (C) Balance due at closing (nol including BUYER'S closing costs, prepaid items or prorations) in U.S, cash or LOC \LLY DRA WN certified or cashiers check appmx ___ exactly ...1<:,/ $ ......f... "i!..s:.e~ I) C (D) Proceeds of new note and mortgage to be cxecuted by BUYER to any lender olher than SELLER """""" , ... , , , . , $ .......... . (E) Purchase money mortgage and note to SELLER on tenllS scI forth in paLlgraph 2C $ ......... .. (F) Othcr financing .,."" .. ,."",."""."" .. ".,."""", (G) Exisling mortgage balance encumbering lile property 10 be assumed hy BUYER (approximalely) $ ......."" Mortgagee ............................... Loan 1# ......... " ....""...... " .. " .. " .. int. Rate ....."".. , P & I ,','_'_.. "e"x..a'c't'I'y...... '7 6 ., "'" () () (H)TOTAL PURCHASE PRICE appro, _ "'., Y_ $ .. I'S~.~.!.... 2. FINANCING (A)( ) APPLICATION: The application for the mortgage as described in pamgraph lD will be made with a lender selected by ( ) SELLER or ( ) BUYER. Unless such mortgage loon is approved without contingencies other than those elsewhere covered in this Agreement within,.,."" days of the date of acceplllnCe of this Agree­ ment, SELLER or BUYER shall have the righI 10 terminale this Agl1'-cnlent, ~nd BUYER will return 10 SELLER alilhe tille evidence and surveys received from SELLER and BUYER's copy of the Agreement. BUYER shall make application fOf financing within" " .... days of the date 01 acceptance of this Agreement and timely furnish any and all credit, employmenl, financial and other information required by the Lender. In the evenl the original application is denied, BUYER, if requested by SELLER, will reapply within ___ days of such request at an alternate institutional Lender selected by SELLEn I. ( ) FHA: It is expressly agreed thaI. notwithstanding any other provisions of the Agreement, the BUYER shall lot be obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of earne,'! money deposit or otherwise unless the SELLF~; has delivered to the BUYER a written statemenl issued by the Federal Housing Commissioner setting forth the Rpprah:AI value of the property (excluding closinR ",,),1) of nOI less than $..... " ...... which statement the SELLER hereby agrees to deliver to the BUYER promptly after such appraised value statement is made available to the SELLER, The BUYER shall, however, have the privilege and option of proceeding with the consummalion of the Agreement withollt regard to the amounl of the appraised valuation made by Ihe Federal Housing Commissioner. The appraised vlljtmlioD is arrived at to '!dc~:mJlJc the Illllximurn moli2l11lc the Departmcl~ of HOllsing and Urban De velopmenl will Insure. HUD does 1101 WIIfrlml the value or the condillon of the pro".£!:!y,Th~·cllliser should SlIIIisr.L!!!.'lI!"!iil'~rsclr tlUlt the pdce lind oondltioD of the property are aa:eplable. 2. ( ) VA: It is expressly agreed thai, nOlwithstanding any other provisions of this Agreemenl, the BUYER shllll rw incur any penalty by forfeiture of carnes! money or otherwise be obligated to complete the pllrchase of the property (lescribed herein, if Ihe Agreement purchase prier cost exceed fhe reasonable value of the property eslJlblished by the Velerans Administralion, The BUYER shall, howcver. hove Ihe privilcge nnd option of procc",linr: ")ilh the consummation of the Agreement without regard 10 the amount of reasonable value e~tablished by Ihe VA. (B)( ) MORTGAGE ASSUMPTION: BUYER underslJlnds thai loan int.'resl ( ) will ( ) will nOC escalate and is a ( i variable ( ) fixed rate, If mortgagee: approval of BUYER is required for loan assumption. BUYER shaillimely provide qllalifying information as required by lead"r, BUYER'S obligalion tel close is contingent on Iender's approval within ___days. If part of the purchase price is to be evidenced by tlle assumplion of a mortgil~' requiring deposit of fUnd" in escrow for paymenl of taxes. insurance or other charges, BUYER agrees 10 reimburse SI'LLFR fOl the escrowed funds assigned In flU 'RR at cioomg, ~(C) SELLER: The balance due 10 SELLER shall be evidenced b' a ncgOClahle promissory note of BUYER, secured by a valid purchase money IOOrtgage on the property and delivered by BUYER to SELLER dated the, \I.e of closing, b:!aring interest II! lhe rate of ...... " [.o'er annum and payable $, .......per .. " ..........". Privilege of Prepayment ( ) does apply ( ) does nol apply, The mort'\Hge will be ( ) due on sale ( ) nol due on of the property. This contract is not assignable without the consent of SELLER, Within"""", ,days after dale of nc('!)tance of this agreemenl, BUYER will fllrni,,! III credil, employment and financial information required by SELLER, SELLER shall within ,,,.,,,,,,days after receipt "flhe informalion. deliver a wrilten decision In \'UYER as 10 whelher or !lol SELLER will make the mortgage loan, 3. BUYER WILL PA Y: ~ A, CLOSING COSTS: Mecordmg fees ( ) Note Stamps ( ) Intanglhle Tax ( ) Credit report ( ) Mortgfrgc Irilllsfcr and aJistlm,plion charges ( ) VA funding fee ( ) Mortgage origination f~(\)MoI1gag!:lnsllnmce premium ( ) Mortgage discOUIlI nOI to exceed ..""... " .. ". """. (v} .1J:":1!!J. .. ~..J,.,.;.~....... Allomey's I'..e ( ) Wood-deslroying organism report ( ) Pholos ( ) Appraisal fee ( ) AI! other charges rC<luired by lender, unit!:' prohibited by law oliegliialion. in whicb event they shall be paid by SELLER ( ) ,,",,' "".... " ..."."... """," Tille insurance policy ( )"., .. ,'"'''''' "',""", .... ," .. ' ...... ,.,' ... . B. PREPAIDS: Prepaid hazard insurance, taxes, interesl and mortl>agc insurance premiums, required by the k,H!,.r, wiU be paid by BUYER. 4. SELLER WILL PAY: , k'--""-'-~ , . '. I(~. f--I'A. CLOSING COSTS. (.,,{Stamps on deed (0"".. , ".. ,,,,,,,,,,,,,,,.,,,,,,,.,,,,.,,,,,,, Tille Insurance polJcy ( ) "~''''.. ,, .. ~,........ Alit mey s fee ( ) Real estate brokerage fee ( ) Mortgage discount nol t cxccC<I",,,.. ,,,, ... ,,.,,,,,, .... ( ) Satisfaction of mortgl1g'.: and recording fee ( # epail'S or replacements required, in addition 10 those in paragraph 9. iloIlO exceed$."."",,,, ( ) For VA sale only. wooq-destroying organism report ( ) Charges required by Lender which BUYER is prohibited from paying by law or regulation. ( ) Survey (v) ,):c...,l!.,,{.~~"(...,d.,-~, ,...,+-i,'"f· " , , , ' , . , , , , , , .' , , , , .. , ' , , , , , , . , , , , 5. PRORATIONS: All taxes, rentals, condominium or association fees. pfepaid hazard insurance pre.Jt.ms (i~"\lmc I), monlhly mortgage insur:lnce prem;'lIrls and in­ terest on assumed mortgages shall be pro-r"led as of the date closing, A II mOil gagc payments and condominium ond ",IS' >{,:iolion fees will be current at SELl.ER·s expense at the time of closing, 6. TITLB EVIDENCE: Within ,1.P, ..days ('<')After date of acceptance ( ) After date of satisfaction of all condiliom; ill paragraph 19. SELLER will deliver I,) BUYER or closing attorney: ( ) Tille insurance commitment for an owner's polic), in the amounl of the pW'chase price ( ) ['ilic insurance commitment for mortgage policy in the amounl offhe new mortgage, Any expense of curing title including, hilt notlimiled 10 legal,fees. discharge of 1;,'11' and recording fccs will be paid by SELLER, 7. SURVEY: Within",."." ,days ( ) After date of acceptance ( ) Afler uatc of satisfaction of all condilions in paragrlfpi> 19. SELLER will deliver to BUYER or closing ATIORNEY: ( ) A new Slaked survey certified within 3 months of closinl( showing all improvements now existinr Il'creon, ( ) A copy of a previously ,wIele survey of the property showing all improvements now existing thereon, (V(No survey is required, • ; ":If 8. ( ""ZONING and RESTRICTIONS: Unl"", the propel1y is zoned ,,It. 1-':'......ano can be legally used for ,:,;j ,(.(" "-;~'fQr,:ts notice of proposed zoning changes, deed or other reslrictions Ihal could prevent such use al II", time of closing. BUYER shall have the ,ilthl 10 tc;{l;~ale this Agreement. BUYER shall have 10 days from dale of acceptance to verify the existing zoning and deliver wriHen notice of objeclions to SELl ,Ell or be deemed 10 have w.dved objections under this paragraph, -I..... • " .f ..,4-A ~ ~ Jj!lV'. I.U _.,A J I • ... 9. ( ) WOOD-DESTROYING ORGANISM REPORT; "Wood·<!cstro y ing organism" means arthropod or planl lifc 'hich d~mages a stru c turt . BUYEf(, ; t BUYER'S expense (unless VA). within time "!lOW!'" 10 deliver evidence of title and elUlminalion thereof, may have the pro P"rt y inspected by a Florid a Certified " est Control Finn to determine whether there is any vi ,i'.>1c active wood destroying organicm infestation or visible existing dJUn r ge fn rn wood destroying organi"llIIln the im provements .. If BUYER is infonned of either or both of lhe foregoing , BUYER will have four (4) dAYS from date ofwrlnen notice III reo f or two (2) days after .<;eJection of;t contractor, whichever occurs first, within which to h~ve all such woo<I-(I ~s troyi"g organism d~lT\.Rges , whether visible or nOl. ;lI sreeted and eSlimoted ~ y a liccn .<;ei.l building or general contractor. SELLER sh.all pay valid costs of.treatment ~nd re ·, ir o f all daJ1lllge up to I % of purchase price. : 'Iould such costs exceed thai &mOOnt ~ Id SBLLER declines 10 treat and repair, BU,YER shall have the option of ' ·:'ncdl i ng .lh ~ conlraCl. within five (5) days after recei! of contractor's repair eHimale by gi 'Jinl wrilten notice to SELLER, or be deemed to ha ve elected to prouerl with th e tramllction . in which evenl BUYER shall rt' ivc a c red it at closing 01 an lI!OOunt .10 the Iotal of the treatment and repair estimat e. nOI tn exCess df I % of th <l purchase price. .. . ' ", • II. .. (A) TITLE EXAMINATION AND TIME FOR doSING; If title c viden ,:e and survey, as specified above, show ~ [~LLER is vested with a nwketable litle, subject ~the usual exceptions contained in title in surance comMitment s (suc h as e ,ceptions for survey, i:IIfrCnl taxes, zonin f' <o rdinances, covenants, n strictions a1l(1 easements of record): the 'ininsaction shall' be c1ose,-J and the deed 'and other clo,ing papers delivered on (i~ore .,.~uys ~ftcrdate of ac cePtance ( ) After date of satisfaction of all conditions in paragreph 19, unless extend~cI by other conclitions of this contnlcf. (n) If title evidence and/or survey reve.11 any defects which rcn'ler the titl<: unrnari<etable, BUYBR shall have 7 d ay ' from receipt of title COlnmitmeni ~f>d survey 10 notify SELLER of such title defects :rnd :":n LLER agrees to USI' rcas o ·labk rliligell ce to cure such defects at his expe" ' . nd shRlI have 90 days to do 80, in 'vhJch evenl this transact ion shall be closed within tC I( days after delivery to BUY ElR cr evidence that such defects have been Cll ,·d . SELLER agrees to pay for and d ischarge all due or delinquent taxes , liens . and other "ncumbrances, 'unlw; .,the '"i<~ ·'greed. If SELLER i.'unable to convey I , B UY E R a mnrkel ~ble title, BUYE(~ shall hove the right 10 tenninate this agreement. at the same time returning 10 SE I,LEI< alll itlc evidence and surveys received frn " S E LLER and BUY ER':'; copy of tll e agreement; or BUYER shall have the right to accept such title as SELLER may be abl ~ 10 convey. and to"cIOSe this transaction ''Pon the terms Slated herdn;' which eleclJon shall he exercised within 10 days from notice of SELLER'S inabililY to <:lIre . ,.' LOSS OR DAMAGE; If the improvements are d.am8ged by fire or other casualty prior to closing, and cosl of restorin g ~e does not exCeed 3% o f the assessed vllualion of the improvements so damaged, cost of restoration shall be an obligation of SELLER and closing shall proc.eed pursuant to the tenns of this agreement with COSI therefor escrowed at closing. In the event the cost of repair or restoration exceeds 3% of the assessed valuation of th e improvements 80 damaged and SELLER declines 10 repair or restore. BUYER shall have the option of either taking the propeny as is. together with either the said 3 % or any insurance proeeeds payable by virtue .of such loss or damage , or of cancelling this agreemenl. SELLER agrees 10 deliver the property in its PRESENT AS [S CONDIT ION except as otherwise specified. SELf .fl R does hereby cenify alld represent that he has legal authority and capacity to convey the property .with all improvelllcnts. SELLER funher certifies and represent" Ihnt he !mows of no latelll defects to Ihe property ,and kno;WS of no facts ~terially affecting Ihe value or desinlbilily of t lte p r" iX:rty except the following: ...................................... ....... .................................. ..................................................... , ........................................................... ..........................., .................... , ......................................... ...................... .................. ...BUYER agrees that he has insl'ectc(1 the property and has not relied upon a n)' [I' presentations made by any real CS L1 te agent in describing the property. and BUYER a g n'CS to accept the property in its RES ENT AS IS CONDmON. exc epl 1" ' herein otherwise specified. , 13 . () OCCUPANCY; SELLER repre"ents Ihat there are no panie, in o'xupollcy other than SELLER. BUYER will h : "iven occupancy at closing unless othe rwise stated [f occupancy is to be delivered prior to closing. BUYER aSSlllll es all risk o f Ims 10 persons and propeny from "I:" ,' ale of occupancy. shall b ! respon s ibl e and liable for maintenance thereof from said date, and shall be deemed to have ncccl'led the property. real and personal, in ir ',dsting condition 88 of time of rakin g occupancy unless ,~~rwise agreed in writing . ( ) BuYER understands that property is a vailable for rent or rente<! and t he ten a nt may continue in possessi o!l fo lhving closing unless othelwise agreed in writing. All deposits will be transferred to BUYE R at closing . . , 14. PERSONAL PROPERTY; Included in the purchase price are all tixed equ ip ment including ceiling fans , drapery hm. 'ware , altached lighling fixtures, mailbox ' fence, plants and shrubbery as now installed on the property, and these addition,,1 items; .. ...... ..... ,:. ...... .. . .... , ....... ..... ..... .-.••...... •••...• Items specifically excluded from tllis agrc:e ment .......... .................. , ...........•..... , ...... . DEFAULT AND ATIORNEY'S FEES: In the event either party shall de f. ult in lhe perfonnance of their obligations under Ihis Agreement, th e other pany shall have all remedies available atiaw or equity, which remedies shall be cumulative and no one shall be in derogation of any n' her. In the event of BUYER'S default, SBLLER may elect 10 retain as liquidated damages deposits n;ulde under paragraph!; IA and I B above (pursuanllo provision s o f Ihe listing agreement o n subject property). In connection with any litigalion arising out of this Agreemenl, the prevailin g party shall be entitled 10 ,recover a ll eO ':i S incurred, including reasonable attorney's fee . PA YMBNT.0P EXPENSES ; If this Iransaction does not ~Iose through no faull of SELLER, a1llotin aud sales procc '''' 'n g and closing costs incurred, whether Ui e same were to be paid by SELLER or BUYER, shall be the responsibility of BUYER, and Ihe costs shall be deducted fr 'n Ihe binder deposit. This shall inclnde'but nOI be limited to the transaction not closing because SELLER elected not to ma ke the mortgage 10 BUYER as provided in 1':-ragraph 2(C) of this Agw'ment, becau se BlJ'YER did nol obtain the required financing as provided in this Agreement . or b<,cause BUYER otherwise breached IhiG ·freement. If this transaction does not close through no fault of BUYER, all loan and sales proc essing and closing costs inculTc l:, whether the same were to be paid by SELLER or BUYER, shall be the responsibilily of SELLER, and BUYER shall h entilled to the return of the binder deposit. Thi~ shall include bul not be limited 10 the lransaclion not closing because SELLER is unable or IUlwilling to complete tll e transaction for a qualified BUYER, or because th _ pro perty does not appraise for an amount sufficient to enable the lender to make the required loan, or because SELLER cleel e : not to pay for the exceas amount in p",.. graph 9 or Paragraph II . or because the zoning was not as required in Paragraph 8, or be cal':IC SELLER cannot deli ver a marketable title, or SELlER otherwi se breached this Agreement. The offer of BUYER shall terminate if SELLER has·not indicated his acccpL1nce of the Agreement by signing and deli 'Jc ring same or telegraphing acceptance 10 BUYER or ................................. before ..................: 01 [ 1 A .M. [ 1 P .M .• Date ............................ . ADDmONAL TERMS, CONDmONS. OR ADDENDA (Lettered A,B,C.D,elc.) ,11 TIMING. The liming of paragraphs 6,7 .9 und IO(A) will becorre operable after sat isfaction of paragraph 2, if appl icable, and Ihese additiona l conditions lettered in paragraph 18 .................. ...................... .............. There are no other agreements, promises or understandings between th ese "arti es except as specifically set fonh herein. No alterations or ch1nges sh oll he made to the Agm:ment except in writing and signed or initialled by lhe parti es here in. This legal and binding Agreemenl shall be construed under Florida Law, shall not be recorded and if not und e rstoo d. pa rtics, should see k co-npetenl legll! advice. SELLER and BUYER give real estate 'agent authorization 10 advise surrounding neighbors who will be the new 0 \1 M r of the pro perty. TIME is of the essence in this Agreemen!.. SIGNED AND WITN~SED on the date s and in the year herein sta led . SELLER's name, address and phone number may be inserted in Ihe fir st p"ragraph of this agreemenl with c ".' " ~~ou~ _ -. D.,~0,!£-f 1f7 \ R \:8: ..---,------­BUY D "le~{l£18Z BWITNESSES: (2 re<:<>mmendcd hilt nOl reqllired) ... _-4'3 vfr1 W~[.7.1..zrD"~73;37JZ SELLERY'17 / fft~ WITNESSES: (2 recommended but not required) Dille of Accep,~ce ' SELL~ ~ , AGENT by the signature below oclcnowlc.<fgcs receipt of $.. .~.......... ( ) cas h ( ) cheek, as binder deposil, . 'I ,;ch is the amount mc ntion"<i in paragrap~ la of this Agreement. It will be held in escrow pending disbursement ~~~g to le nns hereof. together with all additional b i,,!cr deposits t-<;crowed by lenns of this A grcement. . . ~ :::::a~·~~;;;:~·~~n;·~·~;o~~~~~;~·~~::::.::::.·:::.... ~':: ..~~ .SO ··LI~·;=·~I~·~·::·~;~~·~g e nl ... ~II'~::: : .. :::.:::: ..::.::.::::: ..::::::::::.:: ............... agrees to pay ........ ............... ........... ....... cooperating age nt $...... . . or " SELLER ..........:: .:.................................... ............ " .....,......... . ... ... ....... % of the sale s pri e r . CI1Y OF flTLAlmC BEACI-\ BOO SEMlHOLE ROF1D ATUitmC BERC\-\ , FL 32233 p\-\OHE (9011) 2117-5855 Cashier ld : aspcust\ at1bbja Receipt Date: 12 / 18 /2015 2:05:28 PM Receipt ~\umber: OS-088L1 0 Job ID: lS-DRT'J-l073 -TREE FUt~D 11 -TREE110REtWL S\%L/TWO F\'\LY $13,077. Amo unt Due: $9,077.40 40 Tender Information: Ched. il /tOOZ $9,077. ITender Type: elZ Tender Amount : $13,077. LIO Change Due: $0.00 CITY OF ATLANTIC BEACH 800 SEi"iI NOLE ROAD PITLANTIC BEACH, FL 32233 PHONE (904) ZLl7-5855 Cashier Id: aspcust\atlbbja RecEipt Date: 12 /3/2015 11:4L1:00 AM Receipt Number: OS-58755 Job ID : 15-DRTV-1072 -T1 -TREE REMVL SNG L/ TWO FMLY $125.00 Amount Due: $125.00 Tender Information: Check Ii 3258 $125.00 ; TenDer Type: CI( Tender' Amount: $125.00 Change DUlo: $0.00