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1790 Mayport Road UBEX 1999 Application _ gd. 11410 M°111P°4 CITY OF • t1acstic mead - 9etvu'a'a 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 TELEPHONE(904)247-5800 FAX ( 4 -580 SUNCOM OM 852-5800 May 12, 1999 Mr. David Rockwood 501 Clippership Lane Atlantic Beach, FL 32233 Re: Part of Government Lot 3 RE #172088-0000 Dear Mr. Rockwood: This is to advise the Atlantic Beach City Commission, at their meeting on Monday, May 10, 1999, granted your request for a Use-by-Exception to operate a painting contractor business on the above referenced property located on the southwest corner of Edgar Street and Mayport Road. Please be advised that the Use-by-Exception was granted subject to the following conditions: ► No more than five vehicles may be parked on site ► At least ten parking spaces are to be provided ► No outside storage of paints, chemicals, or other hazardous materials will be permitted ► The Use-by-Exception was granted to you personally for this location only. If you have any questions regarding this Use-by-Exception, please do not hesitate to call the undersigned at 247-5809 or Community Development Director, George Worley, at 247-5826. Sincerely, Maureen King Certified Municipal Clerk xc: Community Development Dir. 4 • Please Type or Print in Ink Application Fee $100.00 APPLICATION FOR "USE BY EXCEPTION" REcEIVw® MQO 101999 (3) 6)j. CY) ach Date Filed: City of Atlant►c e �ulldtng enc! zanlhg Name and Address of Owner or Tenant in Possession of Premises: Phone 0 61c Work: a - det2tz.iN__r1_63-3 Home: QqJ tkti Street address and legal description of the premises as to which the "Use by Exception' is requested: Loi McLL1.0p1/.6-- Pd ± I rDotan 0000 A description of the "Use by Exception' desired, which shall specifically and particularly describe the type, character and extent of the proposed "Use by Exception' : W.A:114.(1r\%_ C 4rG`G�-,),' l,i S��S -Eo bw d 666i o3i\afir'''- � � a � . � r'� tuiIL be.. NO wiLiva66. rvkc't 60; he_in-1,0 0 q€Cv-c) S__Lthe.,_f_b&--1-__Q; 11 po.fto pry Specific reasons why the applicant feels the request should be granted: . 1" -k1 i s r , _ Ancl 6 Llei.*62c_ v Zoning Classification: aaad,. , � I - Signature of applicant/applicant's Signature of owne of the property authorized agent or attorney. If Application cannot be processed agent or attorney, include letter without owners signature. from applicant to that effect. • Applicant: Do not"fill-in beyond this point. However, be prepared to respond to the following items: V•+/1./1777 1.::77 7t1424/3742 1.14V 11):►tUu,,wWu4+,• __ ^„c u, sank FAX yy57gq PFO•E Pq. : 9042417766 Feb. 18 1999 02:57PM P2 • MAP SHOWING SURVEY OR A PART OF THAT PART OF GOVERNMENT LOT 3, FRACTIONAL SECTION 17, TOWNSHIP 2 SOUTH, RAMOE 29 EAST, DYVAL COOifTY, FLORIDA, SHOWN AS TRACT NO. 4 (NOTED AS NOT I$CLUDFV IN THIS PIAT) ON NAP Of DOWER'S RBPLAT, AS RECORDED IN FLAT BOOK 19, PAGE 16, OF THE CURRENT MIMIC RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS* FOR A POINT OF ( ESTASLIERED AS THE FOOT 4NIGGHT Of WAY)ION OF THEY ESTERLYHIGHT FR GHT OPE WAY LINEOF R Of SET MAYPORT ROAD A-1-A AND 101, FOm1ERLY STATE ROAD NO. 260 (AS NOW ESTABLLSHED AS A 100 FOOT RIGHT OF WAY); THENCE 4.20•39,20"W., ALIO SAID WESTERLY RIGHT OF WAY LINE OF MAYPORT ROAD, A DISTANCE Of 71.40 FEET; THERCR N.R6•03'30"W., ALONG THE SOUTHERLY LINE Of SAID TRACT RSO. 4, A DISTANCE Of 111.71 FEET* THENCE TU.20 OF 39'20 "E.OAF DDISTANCE CEAOF 61. 361FEETC* THENCE N.fl9'011 42 E., ALONG SAID SOUTHERLY OF 115.00 FEET TO THE POINT Of BEGINNING. 1 - 7.2' • (nick..‘ w;u. C.4.-1.••sA. 51.b EOGA R ST,QEE T `... ,,•4•,?.., ot0/A/7- df g lAiA/ 16 • - "„a . Mg ,1* 0 ' y A�l9 O \Qul AEIQ r \ •v.h Pi 'owe”' iseerAtee ee,/ityy ,l� c t-,..4•- c r 4 Civ• �w,Qr o� aoco • , ovpiG Amp',L 36C./ 96 • �V A r: s 4 'r= ' . 1r 1'o- . . .)i / , ,_ .. • MK /3 A LAw70 3i/XW K "c' � . • 7,v7,00. /1loolfo►Y 4/40, /4 Kf M/ C IZcza./a..d6 . h /N >Au.A.I+lA K dAAMM4. 4 AAS° J7?1rt •410AO A•/•A ANO i0/• 0 . •..' i w11dt wY the ottelltef slender*es set h+by I 1 ni 1the : P,nlnII. Pt. 1311111111 & ASSOCIATES 1.::: \ . , .•4lO/ti Msww. . .. .-. WOOmm0041.001 ,r m+o 0CA,A4 • FROM : Panasonic FAX SYSTEM PHOT IE 110. : 9042417756 Feb. 23 1999 07: 12PM P2 r [13 STANDARD AGREEMENT OF THE NORTHEAST FLORIDA ASSOCIATION OP REALTORS•, INC. FOR USE SY MEMBERS ONLY REALTORst PURCHASE AND SALE AGREEMENT AND DEPOSIT RECEIPT REALTOR® ARTIEs 11.11 1 1 9 N � •, !15., nd Q �q ® ('BUYER'), .i/ ' t� • • a 6 a air /5 / /4 uS a ('SELLER'), hick terms may be sln:►rtar or plural and I ude the successors,personal representati :s and assigns of SELLER and BUYER. ereby agree that SELLER will sell and BUYER will buy the following property('Proper1 "),upon the following terms and conditions tf )mpleted or marl( d. In any nflict of terms or conditions,that which is added will supersede that which is printed or marked, The lop �Y In �11� County, Florid*end Is�e�scri ad as follows of lengthy,attach legal description): n►�` 1Y�h A1tLS.I! I'2,34 Alto ,DDRESB: '+ ,7�p:_ is um/vetoed that the Properly will be eyed by GENERAL WARRANTY DEED(unless otherwise required herein)subject to current ixes,existing zoning(unless specified otherwise in paragraph 12),covenants.restrictions,and eaeements of record. . TOTAL PURCHASE PRICE to be paid by BUYER Is payable as follows: (A) Binder deposit,which will remain st binder until doting,unless sooner forfeited or returned, according to the provisions of(his Agreement $ (B,,.A44+Ner+eebinder deposit due within _days after acceptance of this Agreement........ S Strb (C) Balance due el dosing(not Including BUYER'S closing costs,prepaid;jams or plorations)in . \ U.S.cash or locally drawn certified or cashier's check. . approx a*ecUy $ t / (0) Proceeds of new nota and mortgage to be executed by BUYER to any lender other "T ,, Man SELLER Ki--•✓3 (E) Purchase money mortgage and note to SELLER on terms set forth in paragraph 2C S d (F) Existing mortgage balance encumbering the Property to be assumed by BUYER (approximately) S_ Mortgagee 2//� Loan# Int. Rate P Br I 4 ).7/ arZ r e)-6 ©)TOTAL PURCHASE PRICE approx exactly ?.(air FINANCING: If EtUatER does not obtain the regvlred financing but otherwise complies with the terms hereof,the binder deposit,less sale and loan processing costs incurred,will be returned to BUYER. (A) APPLICATION:Ap !cation for the mortgage described In paragraph 1(D)will be made with a lender selected by [ )SELLER or[VfBUYER. Unless such mortgage loan Is approved,without contingencies other than those commonly found in institutional loan approvals.within 3(II days of date of acceptance of this Agreement.SELLER or BUYER will have the right to terminate this Agreement,and BUYER,�1II return to SELLER all title evidence and surveys received from SELLER. BUYER will make application for financing within b days of data of acceptance of thiaaAgreement and timely furnish any and alt credit, employment,financial and'ether in-foo mesion required by lender. If the original loan application Is denied. BUYER,if reou eted by SELLER,will reapply within • Sdays of such request it an alternate Institutional lender selected b . Lea_taQ t- 1.( )FHA: "It is expressly agreed that,notwithstanding tiny other provislone of thla Contract,the PURCHASER shall not be obligated to complete the purchase of the Property described herein or to Incur any penalty by forfeiture of earnest money deposits or otherwise unless the PURCHASER has been given In accordance with HUD/FILA or VA requirements a written statement by the Federal Housing Commissioner, Department of Veteran Affairs,ore Direct Endorsement lender setting forth the appraised vbtu*of the Property of not less then j , The PURCHASER shall have the privilege and option of proceeding • with consummation of the Contract without regard to the amount of the appraised valuation.The appraised valuation Is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property,The PURCHASER should satisfy himself/herself that the price and condition of the Property are acceptable' 2. ( )VA: It is expressly agreed that,notwithstanding any other provisions of this Agreement,the BUYER shall not incur penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the Property described herein,if the Agreement purchase price or coat exceeds the reasonable value of the Property eetabliehed by the Veterans Administration. The BUYER shell.however,have the privilege and option of proceeding with the consummation of the Agreement without regard to the amount of reasonable value established by the VA. N (B) ) )MORTGAGE ASSUMPTIONt,BUYER understands that loan interest( )will( )will not escalate and is[ J variable( )fixed GPM, if mortgagee approval of BUYER Is required for loan assumption, BUYER will within days make required application and timely provide qualifying information as required by lender. BUYER';obligation to close is contingent on tender's approval of the assumption within days of the date of acceptance of this Agreement. (C) ( j SELLER: The balance due SELLER will be evidenced by negotiable promissory note of BUYER,secured by valid purchase money mortgage on the Properly and delivered by BUYER to SELLER dated the date of closing,bearing annual interest of 94 and payable$ per month for( ) years( J _ months. Privilege of prepayment does apply( doss not apply.The mortgage will be 1 I due on sale[ J not due on sale of Property.Within-days after date of acceptance of this Agreement, BUYER will furnish all credit,employment and financial inforrratton reasonably required by SELLER,SELLER will within days after receipt of the information,deliver a written decIslon to BUYER as to whether or not SELLER will Make the mortgage loan("Loan Approval '). This Agreement Is not asslgneblo without consent of SELLER. 3. LOSS OR DAMAGE! tf the Property Is damaged by fire or other casualty prior to closing,and cost of restoration does not exceed 3%of(he assessed valuation of the improvements rooted on the Property,cosi of restoration will be en obtigauom of SELLER rind closing will proceed pursuant to the terms of this Agreement with cost thereto escrowed at closing. In the event the cost of repair or restoration exceeds 304 of the assessed valuation of the Improvements and SELLER declines to repair or restore, OUYER will have the eption of either taking the Properly as Is,together with either the ',Bid 344 or any insurance proceeds payable ley virtue of such lass or damage or of canceling this Agreement Pew 1 of 4 FROM : ('anasot-sic FAX SYSTEM PHONE NO. : 9042417766 Feb. 23 1999 07: 13PM F3 ' 4, BUYER WILL PA f: _L (A) CLOSING COSTS: (V(Rccording tees(N4 Note stamps (VI intangible tax I✓Credit reports)j, Mertgeue transfer and assumption Charges,[ j VA turtling tees( J Mortgage origination fee( )Mortgage ineur$nca premium . Attorney's fee I 1 Mortgage discount not to exceed __i )Wood destroying organism report(A Appraisal r. Appraisal fee I Survey( j Tax service( J Doc prop fee( 1 Home warranty( ] —Title Insurance policy [ 'Title search and exam fee I )Title Insurance endereementa( )Underwriting Fee( 3 Flood Certification Fee I ,1 Other _. • moulted(B) All other chargee moulted by lender,tiniest prohibited by law or regulation, s// ,(-.:) PREPAIDS; Prepeid hoard insurance,taxes,interest end morlgage iriBurafIcaPfe ms, required by the lender, M qC 6. SELLER WILL PAY: II bg I ' A CLeSING COSTS:(4Caed stat •s J .J4 J U A Title Insurance policy I Title search and exam lee • r. �t�as esessEa wise me/in•�:.: •ttorney's l (Reel estate brokerage fee 1 Mortgage discount not to exceed [ 1 Satisfaction of mortgage and recording foe I-,4urvey [ 1 Doc Prep fee f ( 1 Repairs or replacements,In addition to those In paragraph 15(C) ,riot to exceed$ IC1 ( J For VA sale only,wood destroying organism report( 1 Appraisal fee(. 1 Tax service( 1 Title insurance endorsements [ J Nome warranty ( )Other _ riff (B) All ether charge*required by lender whieh BUYER Is prohibited from paying by taw or regulation. rl (C) All mortgage payments and condominium and association fees and eesossmonts will be current at SELLER's expense at the time of closing. (D) SELLER will deliver satisfactory proof that BUYER will hot be obligated to withhold any of the purchase puce under the Foreign Investment In Real Property Tax Act or shall provide funds It closing to enable BUYER to meet the tax obligation. tt. PRORATIONS: All taxes,rentals,condominium or association fees, monthly mortgage insurance premiums and interest on assumed mortgages will be prorated through day before closing. If part of purchase price is to be evidenced by assumption of a mortgage requiring deposit of funds in escrow for payment of taxes. insurance or other charges, BUYER agrees to reimburse SELLER for the escrowed funds assigned to BUYER at closing. 7. NON.D FAULT PAYMENT OF EXPENSES: (A) If BUYER toile to perform.all loan and sale processing end closing costs incurred,whether the sante were to be paid by SELLER or BUYER.will be the responsibility of BUYER,with costs deducted from the binder deposit.This will include but not be limited to the transaction net closing because SELLER elects not to make the mortgage to BUYER as provided in Paragraph 2(C)of this Agreement or because BUYER does not obtain the required f'nancine as provided In this Agreement or BUYER Invokes SUYt"R's right to terminate under any other contingency In this agreement, (A) If SELLER falls to perform.all loan and sale processing and closing costa incurred,whether the same were to be paid by SELLER or BUYER will be the responsibility of SELLER,and BUYER will be entitled to the return of the binder deposit. This will include, but not be limited to the transaction not closing because SELLER is unable or unwilling to complete the transaction for a qualified BUYER,or because the Property does not appraise for an amount sufficient to enable the lender to make the required loan,or because SELLER elects no!to pay for the excess amount in paragraphs 3.5. 15(with respect to repa rs),or because the zoning is not as required in paragraph 12,or because SELLER cannot deliver a marketable title. 8. DEFAULT: If BUYER defaults under this Agreement, all deposits)paid end agreed to be paid will be retained by SELLER as agreed upon liquidated damages,consideration for the execution of this Agreement and in full settlement of any claims,whereupon BUYER and SELLER wilt be relieved of all obligations to each other under thio Agreement, If SELLER defaults under this Agreement, BUYER shell seek specific performance in arbitration or elect to receive the return 6f BUYER'S deposit(s)without thereby waiving any action for damages In arbitraben resulting from SELLER',default.9inder deposit(s)retained by SELLER as liquidated damages will be distributed pursuant to the terms of the listing agreement. 9. BINDING ARBITRATION:All controversies end clams between the BUYER,SELLER.or Broker,directly or indirectty, rising out of or relating to this Agreement or this transaction,will be settled by binding arbitration in the county where the Property ie located,using arbitratore selected from the list maintained by Northeast Florida Attorneys Reel Property Council and in accordance with Its rules,or another arbitrator who I;mutually agreeable to the parties.Oiscovery will be governed by the Florida Rules of Civil procedure, The arbitrator will issue eubpoenns for discovery and for the arbitration hearing. A copy of each subpoena will be(lied with the arbitrator. In an action for specific performance,any party may file a notice of arbitration in the public records. The arbitrators will award whomever proveira reasonable attorneys lees and costs,defined to include fees paid to arbitrators and expert witnesses.BUYER and SELLER agree that no Real Estate Broker will be liable for misdelivery of any deposit(s)or item unless such misdelivery is due to the willful breach of this Agreement or gross negligence. Notwithstanding the foregoing.In the event of a dispute between BUYER and SELLER as to entitlement to the binder deposit(s),the holder of the binder deposit may file an Interpleader action in court In accordance with applicable law solely to determine entitlement to the binder deposlt(s), attorney's fees and coats,or the Broker holding the binder deposit(s)may request the issuance of an escrow disbursement order from the Florida Real Estate Commission and In elthet'event the BUYER and the SELLER agree to be bound thereby. This agreement to arbitrate will be specifically enforceable under the prevailing arbitration law,and judgment upon the order rendered by the arbitrator may be entered by any court having jurisdiction. 10.TITI,E EVIDENCE:Within( 3. days after date of acceptance or(`'( 1I) days after date of Loan ApJ)roval without • contingencies other than those commonly found in Institutional loan approvals, SELLER will deliver to BUYER or closing attorney: i j Title Insurance commitment for an owner's policy In the amount of the purchaoe price( ) Title insurance commitment for mortgage policy in the amount of the new morteage..Any expense of curing Ilea defects such as but not limited to legal fees, discharge of liens and recording fees will be paid by SELLER. � I 11.SURVEY:Within( J days after date of acceptance or(Vh(] days after date of Loan Approval without c ntingenclee other then those commonly found In institutional loan approvals, SELLER will deliver to BUYER or closing attorney:(./4A new staked survey dated within 3 months of closing showing all Improvements now existing hereon and certified to BUYER,tender,and the title insurer. ( )A copy of a previously made survey of the Property showing all improvements now existing thereon. ( 3 No survey is re red. n !2.( TONING and RESTRICT ___IONSi(n1ess the Property is toned `rC..1 L�Jy – and can be legally used for or if there Is notice of proposed toning changes or dead or other restrictions that could prevent such use at the time of closing,BUYER will have the right to terminale this Agreement. BUYER will have 10 days from date of acceptance to verify the existing coning and current proposed changes,and deliver written notice of objections to SELLER or be deemed to hive waived objections, 13. TITLE EXAMINATION AND TIME FOR CLOSING: (A) if title evidence and survey, es specified above, show SELLER is vested with a marketable title,the transaction Will be closed and the deed spa other closing papers delivered on or before[ 1_ I 3 days after date of acceptance IV) aQ 0 clays after date of Lean Approval and satisfacucn of conditions in paragraph 18,if any,unless extended by Other conditions of the Agreement.Marketable title means title which a Florida title Insurer will Insure es marketable al It regular rates and subject only to matters to be cured at closing and the usual exceptions such at; survey,current tuxes, zoning ordinances.covenante, restrictions and easement*of record. FROM : Panasonic FAX SYSTEM PHONE MO. : 90424177~6 Feb. 23 1999 07: 16PM P1 • 13.(0) If title eeidence or survey reveal any defects which render the title unmarketable, BUYER wiil have coven(7)days horn receipt of title commitment end survey to notify SELLER of such title defects and SELLER agnea to use reasonable diligence to cure such defect('at 6ELLER's expense and will have 30 days to do so,in which event this transaction will be dosed within ten days after delivery to BUYER or evidence that such defects have been cured, SELLER agrees to pay for end discharge all due and delinquent taxes,liens end other encumbrances,unless otherwise agreed. If SELLER le unable to convey to BUYER a marketable title.BUYER will have the njht to terminate this Agreement.et she same time returning to SELLER all title evidence and surveys received from SELLER,or 9UYER will have the right to accept such title as SELLER may be able to convey,and to close this transaction upon the terms elated herein,which election will be exercised within ten(10)days from notice of SELLER'S Inability to cure. 14. PROPERTY DISCLOSURE; SELLER does hereby certify and represent that the SELLER has legal authority and capacity to convey the Properly with all improvements, SELLER represents that SELLER doee not know of any material facts which affect the value of the Property other than those which BUYER can readily observe Except! (A) Energy Efficiency: In accordonae with Florida Statute 553.990, notice Is hereby given that the BUYER of real property with c building for occupancy located thereon may have the building's enerpy.efftclency rating determined. BUYER aeknowledgee receipt of the energy-efficiency rating information brochure prepared by the State of Florida,Department of Community Affairs at tho time of or prior to BUYER signing this Agreement. (9) Radon Gat Disclosure: Radon yac is a naturally occurring radioactive gas Ihat,when it has accumulated in a building In sufficient quantities,may present health risks to persons who aro expected to it over time. Levels of radon that exceed federal and stale guidelines have been found In buildings in Florida,Addltiorat Information regarding radon testing may be obtained from your county public health unit. (C)Flood Zone: BUYER Is advised to verify with the lender and appropriate government agencies whether flood Insurance Is required and what restrictions apply to improving the Property and rebuilding In the event of casualty, 15. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property ir•,Its present condition until closing,except for normal wear end tear end arty repairs rvquirod by this Agreement. (A) Inspections: BUYER may,at BUYER's expentse,conduct in6peclions as described below. It Is agreed that the costs of Inspections below or any other inspections requested by the BUYER are exempt from the terms of paragraph 7 of this purchase and Sale Agreement and will be paid by the BUYER regardless Of the outcome of this Agreement. If BUYER fails to timely conduct any inspection which BUYER is entitled to make under this paragraph 15, BUYER waives the right to conduct the Inspection and accepts the Property In Its"AS IS"condition, except as provided in paragraph 15(C)below. BUYER will repair all dameges to the Properly resulting from inspections and return the Property to it; pre-inspection condition. (1) Professional Inspection: BUYER may,within fen1t()Ldrve after acceptance of this Agreement, Inspect the Property or have the Property Inspected by a proteesional inspector who specialises in home Inspections and holds an occupational license for such purpose or who holds a Florida license to build,repair or maintain the items inspected.The Professional Inspection will ba conducted to determine if: (a) ell major appliances;heating,cooling, mechanical,electrical and plumbing systems:slid pool equipment(If any)are in working condition,except ; (b)the main structure and the roof and pool(if any)are structurally sound and water light;(c)the roof on the main structure heti a remaining economic life of two (2)years or any longer period required by tender. 'Working Condition"means operating In the manner In which the item was designed to operate.The Professional inspection is not Intended to discover or note cosmetic conditions and SELLER is not obliged to cure cosmetic conditions or to bring any item into compliance with current building codes untevs necessary to put an Item in working condition."Cosmetic Condition" means aeathetic imperfection;which do not effect the working condition of the em,such es, but not limited to,tears,worn spots and discoloration of floor coverings,wallpapers.or window treatments, nail holes,scratches,dents,scrapes,chips and caulking in bathroom ceiling,wells,flooring,tile,fixtures or mirrore,end minor cracks In windows,driveways,•sidewalks,pool decks, garage floors and patio floors. BUYER must,within fifteen(15)days after acceptance of this Agreement,deliver written notice of arty items which are not In the condition required and a copy of the inspector's written report,If any,to SELLER, (2)Walk•Through Inspection: BUYER may,no later than tw.o(2)days prior to closing,walk through the Property solely to verify • that SELLER has made repairs required under this Agreement and has maintained the Property. No other Issues may be raised as a result of the walk-through inspection, (3)Moose and Utilities: SELLER will make the Property available for Inspections during the lime provided In paragraph 15, and, If not,the time for Inspections will be extended by the time access was denied. If utilities are not active at the time the inspections are to be made, BUYER will pay to have the utilities activated for these purpose; (4) Broker's Notice: Neither the Listing Broker nor the Selling Broker warrent the condition of the Property and neither is liable to either party in any manner weataaever for that condition. Therefore,BUYER and SELLER hereby release and hold harmless said Brokers and their licensees from any claim, loss or damage arising out of 01'occurring with respect to the Condition of the Property, ft) Buyer's Responsibility:Repairs or replacements to the Property after dosing or BUYER';occupancy,whichever occurs first,will be BUYER',responsibility unlace otherwise agreed In writing. (B) Repair: SELLER is obligated only to make repairs and replacements identified in lha BUYER'S written notice described In paragraph 15(A)and then only as is necessary to bring those items to the condition required,unless otherwise eat forth In this Agreement. SELLER's obligation to pay(or repairs and replacements aro limited to the amount shown in paragraph 6(A)of this Agreement. SELLER,within len(1Q)days after receivitlg BUYER'S written notice of repairs and BUYER';loan approval,if applicable, will have repairs made in a workmanlike manner by an appropriately licensed person. It such coats exceed the amount specified in paragraph 5(A)and SELLER declines to pay the excess,BUYER rney !'rce:this Agresmant within five(5) day;after reeeipt of SELLER's notice of SELLER'S refusal to pay by giving written notice to the SELLER,or be deemed to have elected to proceed with the transaction,in which event, BUYER will receive credit et closing of an amount equal to the total of the SELLER'S repair limit In paragraph 5(A),if allowed by tender.If prohibited by lender,SELLER will accomplish the required repairs and BUYER will pay excess amount to SELLER at closing. To secure the BUYER'a obligation to pay the axcacs to SELLER, BUYER shall deposit In additional binder("Excess Binder")with the Broker In the amount which,when added to the amount to be paid by SELLER, will equal cost of the repairs,The Excess Binder will not be refunded to BUYER unless SELLER la unable or unwilling to perform its obligations hereunder. (C) Wood-Destroying Organisms:"Wood-destroying Organisms"means arthropod or plant life which may damage a structure. BUYER at BUYER's expense(unless VA),may have the Property inspected by a Florida Certified Peat Control Firm to determine whether there is any visible active weed-destroying organism infestation or visible existing damage to the Improvements from wood-daetroying organisms,If BUYER Is Informed of either or both of the foregoing,BUYER will notify SELLER within five (5)says by furnishing a copy of firm's written report. SELLER will have seven(7)days from receipt of firm's report within which to have all such wood-destroying organism damage;whether visible or not,Inspected end estimated by a licensed building or general contractor, SELLER wll(pav costs oftrey is. . . ,• .:.' .f .1I wood daatre • •:,' u •• da • u• • o percent 11 0°4)of the purchaserlce. If cuch costs exceed the amount agreed to be paid by SELLER and SELLER declines to pay the excuse,BUYER will have the option of(a)terminating this Agreement,or(b) proceeding with this transaction.In which event SELLER will bear costs equal to one percent(1.0%)of the purchase price. SELLER is rot obligated to treat the Property if there it evidence of previous infestation but no visible live infestation and SELLER provides written proof to Buyer of previous treatment of the Property for such infestation by a Florida Certified Pest Control firm or transfers a current bond or service agreement for such InfestatIon to Buyer at Gloving. FROM : Panasonic FAX SYSTEM PHONE NO. : 9042417766 Feb. 23 1999 t7: 17Ph1 P2 �'1/Yd/i4y :l:l't'. y..!1412(1/,j/ _n-,v i u l I,.V,J1 l',.JVU I P,♦,.I ' ' '""' t3.QCCUPANCV: (V�St LLEri represents that thorn are no parties in occupancy other tnan SELLER, BUYER will be given occupancy at dozing unless otherwise specified herein, a to person,and from the date of oCcupant:Yl It occupancy Is to be delivered prior to dosing,BUYER assumfforel`a d dateof ,and will be deemedtohove accepted the Properly, will be responsible and liable for maintenance of the Property real end pereonst,in Its existing condition as of time of taking occupancy unless otherwlse agreed In writing. ( j Buyer understands that property is eyaisebte lot rent or rented and the tenant may continue in poeaosslon following cion ng unless otherwiie agreed in writing. All deposits will be transferred to BUYER at closing. !7. PERSONAL PROPERTY: tneiuded In the purchase price ere all fixed equipment such es,but not limited to, automatic garage door opener&controls, drapery 0 hardware,attached lighting fixtures,mailbox, calling fans,fence.plants and shrubbery as now installed on the Property, and these additional items: _ • IlitaMCt 41 Items specifically excluded from this Agreement: r 18 a•DITIONAL TERMS,CONDITIO • OR ADDENDA(Letter,5,C,0,etc.) ' r .. i i I re ►A• k.L. • 4 . I' 1 IL • m �.# s r114. is f ItCNA. s f • a 04-e ' , ¶ rl `�this A reemert;that the terms of the Agreement 19.COMPLETE AGREEMENT:BUYER and SELLER acknowledge receipt of a copy ofa are the enure agreement between them;and that they have not received or relied on any representations by Broker or any printed material regarding the Property,including but not limited to,the fisting inforrnetion sheet,that are not expressed in this Agreement. No prior or present agreements or representations will bind BUYER,SELLER or Broker unless Incorporated into this Agreement Modifications of this Agreement will not be binding unless in writing,signed and delivered by the party to be bound. Hendwritten or typewritten terms Inserted In or attached to this Agreement prevail over preprinted terms. Signatures,initlele and modifications communicated by facsimile will be ccnsidered as original.If any provision of this Agreement is or becomes invalid or unenforceable,all remaining provisions will continue to be fully effective.This Agreement wilt not be recorded in any public records. if not understood, parties should seek competent legal advice. TIME IS OF THE ESSENCE IN THIS AGREEMENT, 20,BUYER'S AND SELLER'S NOTICES: BUYER end SELLER represent that they have nct entered into any other agreements with Real Estate Brokers other then those named below with regard to the Property. GELLUt and BUYER give Broker authorization to advise surrounding neighbors who wit be the new owner of this Property."Broker",as used In this agreement,is intended to refer to persons licensed to sail real property in the slate or Florida. rs osure summary tached hereto d Z 1 I+ncorporat dERS hereherein this reference,C9u DISCLOSURE;all not sign this Agreemenble, see t until Buyer has association eceiiiv�ed end reed the disclosure eurnmary. 22,ACCEPTANCE: IF THI6 OFFER IS NOT SIGNED BY AND DELIVERED TO ALL PARTIES OR FA f O'F�A�CCEPTANC CaMM I ATE I t KITING (INCLUDING FAX)BETWEEN THE PARTIES ON OR BEFORE � ' :011 I A.M. P,M. Date ,this offer will terminate. 23.ESCROW DISCLOSURE: All parties to this agreement, by signature below, agree that Broker may place any and at escrow funds in an interest bearing account pursuant to the rules and regulations of the Florida Real Estate Commission and retain any interest earned as the cost associated with maintenance of said escrow. ..1)----) I.) 7 2P-73-o73 7 2 -2a-9 a CL>-4°` 1-4.o o ?/ Yr 3 wr Y31cS rte BOC. sec.* DATE BUYER SOC. SEC.r6 DATE SELLER — SOC. BEC.N DATE� SELLER � SOC. SEG.if : BUYER DATE Broker joins in this Agreement to evidence Brokees consent to be bound by the provisions of pereeraph 9 above. Broker, by signature below,acknowledges receipt or$ ( 1 cash( I check,as binder deposit,which Is the amount spectfled In paragraph 1(A)of this Agreement. It will be deposited and held in escrow pending disbursement according to terms hereof,together with ii eddItlo' At binder deposits escrowed by terms of this •reement Il J /`l it •, s_• 1,e, i.s r 1 .. ! 1 A. ,►`i I b . I .L W 402,;1._1,--, Company 1 By Title URQKER'S FEE: SELLER agrees to pay listing Bppker named below according to the terms of en existing listing agreement or as mutuatly agreed In this Agreement, namely, / %of total purchase price or$ .Listing Broker agrees to pay • Selling Broker a commission of %of the gross purchase price or$ . If BUYER fails to perform and deposit(s)Is retained,S %thereof,after deduct!—on of costa,wit be paid to SELLER and balance will be paid to listing Broker as full consideration of listing Broker's services.The amount paid to listing Brcker will not exceed the Broker's fee above provided. If the transaction dean pot close due to SELLER'S refuse!or failure to perform, Set L EP.wilt pay the!ul!tee ie.tasting Broker on demand. In any arbitration or !iiia tion acomer rising out of this A�ernent coer • the Broker's tee.the prevail g party will recover reasonable attorney fees and costs.��. l'adF.✓ a�� ith4//�l�A l L, �r cwe 7-cc i .i. u ,� :� . as Fir ams of nlnTh4 ken Serer Firm Name of L' inq Brok �1g ^By! L .//go/.iv/ vay: . l • -- Authorized Licensee Authorized Licensee Seller • Page 4 of 4 Copyrighted by the Northeset Florida Asoo ieiion of REALTORS*, Inc. Sale 9/9a