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Rezoning App Fleet Landing (Naval Cont Care Retirement) 06.17.1988 City of Atlantic Beach Rezoning Application For Naval Continuing Care Retirement Foundation, Inc. Fleet Landing Mayport Road Atlantic Beach, Florida June 17, 1988 THE HASKELL COMPANY TABLE OF CONTENTS Page Application for Change in Zoning Classification i Summary 1 Request for Rezoning 2 Location 7 Site Description 10 Zoning Status 12 Comprehensive Plan Designation 13 Proposed Comprehensive Plan Designation 14 Project Design 15 Phasing 19 Objectives for the Community 20 The Community Concept 21 The Organization 22 Maintenance and Operation 23 Consistency with the Atlantic Beach Comprehensive Plan 24 Infrastructure and Utilities Sewage Treatment 26 Potable Water 26 Solid Waste 26 Drainage 28 Electrical Power 28 Community Services Transportation 29 Police and Fire Protection 29 Recreation 30 Flood Plain Development 31 Hurricane Evacuation 32 Emergency Power 35 THE HASKELL COMPANY LIST OF ATTACHMENTS TO THE APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Attachment A Current Property Owners Attachment B Adjacent Property Owners Attachment C Property Appraisers Map Attachment D Authorization Letters and Option Agreements Attachment E Warranty Deeds for Property Attachment F Agent Authorization Letter LIST OF EXHIBITS Page Exhibit A Legal Description 3 Exhibit 13 Current Zoning Map 5 Exhibit C Proposed Zoning Map 6 Exhibit D Location Map 6 Exhibit E Aerial Photograph 9 Exhibit F Existing Topography 11 Exhibit G Site Development Plan 16 Exhibit H Model Photo Looking from 17 Selva Marina Drive Exhibit J Model Photo Looking Northwest 18 Toward the "Community Services and Wellness Center" and the "Health Center" THE HASKELL COMPANY LIST OF TABLES Page Table 1 A Comparison of the Current and Proposed Land Use 27 Designations on the Projected Service Requirements Table 2 Storm Surge Elevations 33 THE HASKELL COMPANY r COMPREHENSIVE PLAN AMENDMENT - COMPARISON OF REVISED PLAN TO ORIGINAL PLAN Fleet Landing Atlantic Beach , Florida January 9, 1989 Following is the Summary of the Changes to the Comprehensive Plan Amendment since its Submittal to the Department of Community Affairs. The following changes to the magnitude of the project have been made : Current Old Plan Plan Number of Residential Units 324 439 Number of Nursing Beds 42* 60 Number of Assisted Living Beds 26 60 * At some future date it may be necessary to expand the facility by an additional twenty nursing beds. These changes in the intensity of the development (approximately 25% ) will significantly overall decrease the overall impact of the project . Specifically, traffic impacts , solid waste genera- tion , wastewater generation, and potable water demand will be reduced as shown in the following table . Current Old Plan Plan Residential Population 518 720 Traffic Generation 1 , 234 1 ,734 (average daily trips) Water Consumption (gallons per day ) 120 ,000 181 ,000 Sewage Generation (gallons per day) 90 ,000 135 ,750 Solid Waste Generation 3 ,124 4 , 350 THE HASKELL COMPANY COMPREHENSIVE PLAN AMENDMENT - .rCOMPARISON OF REVISED PLAN TO ORIGINAL PLAN Fleet Landing January 9 , 1989 Page 2 Additional Commitments: The Developer agrees to the following additional commitments in response to concerns raised by citizens of Atlantic Beach and agencies which have reviewed the project : Surface water will be used for irrigation, thereby reducing the potable water supply demands. Minimizing the grading to reduce the amount of fill placed in the flood prone areas. The replacement of curb and gutter with vegetated swales along the majority of the paved areas in order to provide additional treatment for stormwater. The Developer commits to work with the City of Atlantic Beach on solid waste recycling or volume reduction program. The Developer will be making a significant contribution to the City of Atlantic Beach to facilitate the construction of the required water and sewer infrastructure . The Developer agrees that the Mayport Road entrance shall be the primary entrance for the development. All employee , delivery, and service vehicle ingress and egress shall be required to use the Mayport entrance . The Selva Marina entrance will only be used by residents of local travel. JCS/paj THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING GLASSIFICATION Date Filed: June 17, 1988 Name and address of all owners of the subject property: City of Atlantic Beach William A. Bul1L Jatie E. Bulls Harcourt Bull, III John W. Shea, Fredrick A. Adams, A. F'3t#d Adams Geo&e A. Helow; Helow Properties, LTD. Phone Phone Shea - (904) 249-0313 Wotk Helow - (904) 731-5117 William Bull (9041 246-1121 Work Work Work The address and legal description, including the lot, block and subdivision of the property to be rezoned: See Attachment A Present zoning of property for which change of zoning classification is requested: PUD and OR Proposed zoning classification: PUD A STATEMENT OF THE PETITIONER'S 'INTEREST IN THE PROPERTY TO 8E REZONED, INCLUDING A COPY OF THE LAST RECORDED WARRANTY DEED; AND: If joint or several ownership, a written concent, to the rezoning petition, by all owners of record; or if a contract purchase, a copy of the purchase contract and written consent of the seller/owner; or if an authorized agent, a copy of the agency agreement or written consent of the principal owner; or if a corporation or other business entity, the name of the officer or • person responsible for the application and written proof that said representative has the delegated authority to represent• the corporation or other business entity, or in lieu thereof, written proof that the person is, in fact, an officer of the corporation, or if a group of continguoua property owners, the owners of at least fifty (50) percent of the property described in the petition must provide written consent : Haskell Development Realty, Ltd. has an option to purchase the property for which the zoning request is being made. The Haskell Company has been authorized to act as agent for Haskell Development Realty, Ltd. A statement of special reasons for the rezoning as requested: The Haskell Company is proposing to construct Fleet Landing Retirement Community on this site. The mixed use development includes single family, multi-family, nursing care, assisted living facilities, commercial and :recreational development. This compact, well planned development would be most appropriately designated as a Planned Unit Development. (See Attached) A complete list of all property owners, mailing addresses and legal descriptions for all property within three hundred (300) feet of the subject parcel as recorded in the latest official tax roll in the Duval County Courthouse: (attach seperate sheets if needed) Property Owners and Mailing Addresses Legal Descriptions 1. See Attachment B 2. 3. 4. 5. 6. 7. 8. • 9. 10. • The signature of each and every owner of the lands: See Attachment )ICP Applicant : Do not fill-in beyond this point. However, be prepared to respond to the following items: FINDINGS OF FACT YES NO 1. There exists a need and justification for the change in zoning classification. 2. The change in zoning is consistent with the Land Development Code and the Comprehensive Plan adopted by the city. 3. The change in zoning classification will further the purpose of the planning program. 4. The change in zoning will not adversely effect the health and safety of the residents of the city. COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONS: ACTIONS BY THE CITY COMMISSION: ATTACHMENT A City of Atlantic Beach 716 Ocean Boulevard Atlantic Beach, Florida 32233 John W. Shea, Frederick A. Adams, A. Fred Adams 8100 Cypress Hollow Court Ponte Vedra, Florida 32081 Helow Properties, Ltd. c/o George A. Helow 8118 Summit Ridge Lane Jacksonville, Florida 32216 William A. Bull, Jane E. Bull, Harcourt Bull, III 321 Atlantic Boulevard Atlantic Beach, Florida 32233 ATTACHMENT B FLEET LANDING Atlantic Beach, Florida ADJACENT PROPERTY OWNERS Page 1 Thomas P. Hanson 19506-1002, Lot 1 1959 Selva Marina Drive Atlantic Beach, Florida 32233 David W. Grob 19506-1004, Lot 2 1969 Selva Marina Drive Atlantic Beach, Florida 32233 William A. Coe 19506-1006, Lot 3 1979 Selva Marina Drive Atlantic Beach, Florida 32233 Stanley T. Jones 19506-1008, Lot 4 1989 Selva Marina Drive Atlantic Beach, Florida 32233 O. Harrell Slaughter 19506-1010, Lot 5 1999 Selva Marina Drive Atlantic Beach, Florida 32233 John E. Pierson 19506-1012, Lot 6 2009 Selva Marina Drive Atlantic Beach, Florida 32233 A. Wayne Redburn 19506-1014, Lot 7 486 20th Street Atlantic Beach, Florida 32233 John H. Deese 19506-1016, Lot 8 1990 Mipaula Court Atlantic Beach, Florida 32233 Harry V. Roser 19506-1018, Lot 9 1980 Mipaula Court Atlantic Beach, Florida 32233 Thomas G. Williams 19506-1020, Lot 10 1970 Mipaula Court Atlantic Beach, Florida 32233 Grenville & Meuse Const. Co. , Inc. 19506-1022, Lot 11 447 Atlantic Boulevard, Suite 1 Atlantic Beach, Florida 32233 Oscar K. Duke, Jr. 19506-1024, Lot 12 1950 Mipaula Court Atlantic Beach, Florida 32233 Donald B. White, Jr. 19506-1070, Lot 35 2069 Selva Marina Drive Atlantic Beach, Florida 32233 William J. Skelton, II 169506-1072, Lot 36 2059 Selva Marina Drive Atlantic Beach, Florida 32233 James R. Bradley 169506-1074, Lot 37 2049 Selva Marina Drive FLEET LANDING Atlantic Beach, Florida ADJACENT PROPERTY OWNERS Page 2 Charles D. Johnston 169506-1076, Lot 38 2039 Selva Marina Drive Atlantic Beach, Florida 32233 Steven W. Gandee 169506-1078, Lot 39 2029 Selva Marina Drive Atlantic Beach, Florida 32233 Kazem A. Reyhani 169506-1080, Lot 40 2019 Selva Marina Drive Atlantic Beach, Florida 32233 Dennis J. Mc Lean 169506-1082, Lot 41 487 20th Street Atlantic Beach, Florida 32233 Gary E. Gove 169506-1084, Lot 42 2087 Vela Norte Circle Atlantic Beach, Florida 32233 Michael E. Seelie 169506-1086, Lot 43 2081 Vela Norte Circle Atlantic Beach, Florida 32233 Wayne M. Sapp 169506-1088, Lot 44 3679 Hendrick Street Jacksonville, Florida 32205 William J. Wilderotter 169506-1090, Lot 45 2069 Vela Norte Circle Atlantic Beach, Florida 32233 Oceanwalk Associates, Ltd. 169463-0526, Lot 12 P. 0. Box 207 Atlantic Beach, Florida 32233 Oceanwalk Associates, Ltd. 169463-0528, Lot 13 P. O. Box 207 Atlantic Beach, Florida 32233 Carl Reese & Company, Inc. 169463-0530, Lot 14 P. O. Box 87 Atlantic Beach, Florida 32233 Richard M. Mears 169463-0532, Lot 15 7560 S. W. 162nd Street Miami, Florida 33157 John C. Bailie 172020-0826, Lot 12 1912 N. Sherry Drive Atlantic Beach, Florida 32233 Danny R. Bridges 172020-0828, Lot 13 1980 N. Sherry Drive Atlantic Beach, Florida 32233 Charles E. Perkins 172020-0830, Lot 14 1904 N. Sherry Drive Atlantic Beach, Florida 32233 FLEET LANDING Atlantic Beach, Florida ADJACENT PROPERTY OWNERS Page 3 Donald E. Peters 172020-0832, Lot 15 1902 N. Sherry Drive Atlantic Beach, Florida 32233 Philip L. Petley 172020-0834, Lot 16 380 19th Street Atlantic Beach, Florida 32233 Marc E. Tafflin 172020-0846, Lots 22 & 23 1871 Selva Marina Drive Atlantic Beach, Florida 32233 Fred A. McCormick 172020-0850, Lot 24 395 19th Street Atlantic Beach, Florida 32233 Franklin E. Treadwell, Jr. 172020-0852, Lot 25 1909 Selva Marin Drive Atlantic Beach, Florida 32233 Lynn V. Fairbanks 172020-0854, Lot 26 1913 Selva Marina Drive Atlantic Beach, Florida 32233 John M. Sale 172020-0856, Lot 27 1921 Selva Marina Drive Atlantic Beach, Florida 32233 Lionel F. Currier 172020-0858, Lot 28 1927 Selva Marina Drive Atlantic Beach, Florida 32233 Sevilla Dev. Corp. , Inc. 169399-0400, Lot 8 381 Santa Rosa Boulevard Ft. Walton Beach, Florida 32548 Royal Trust Bank, NA 169399-0020, Lots 7 & 8 627 S.W. 27th Avenue Miami, Florida 33135 City of Atlantic Beach 169398-0070, Lot 7 716 Ocean Boulevard Atlantic Beach, Florida 32233 Affiliated American Inns, Inc. 169398-0300 2401 Mayport Road Atlantic Beach, Florida 32233 John W. Shea, et al 169398-0100 Fred A. Adams 8100 Cypress Hollow Court Ponte Vedra, Florida 32081 • George A. Helow, et al 169398-0000, Lots 1 & 8 8118 Summit Ridge Lane Jacksonville, Florida 32216 FLEET LANDING Atlantic Beach, Florida ADJACENT PROPERTY OWNERS Page 4 Helow Properties, Ltd. 169398-0500 c/o George A. Helow 8118 Summit Ridge Lane Jacksonville, Florida 32216 Brenda P. Bull, et al 169397-0000, Lots 1 & 8 Harcourt Bull, III 429 Camachee Drive St. Augustine, Florida 32084 George A. Helow, et al 169397-0200, Lots 1 & 8 8118 Summit Ridge Lane Jacksonville, Florida 32216 Brenda P. Bull 168340-0000, Lot 1 429 Camachee Drive St. Augustine, Florida 32084 Treco Realty Group 169384-0010 1325 San Marco Boulevard Jacksonville, Florida 32207 Alden Road Ltd. Partnership 169384-0020 One San Jose Place, Suite 7 Jacksonville, Florida 32216 Brenda A. Bull 169384-0000 429 Camachee Drive St. Augustine, Florida 32084 City of Atlantic Beach 169398-0200 716 Ocean Boulevard Atlantic Beach, Florida 32233 Oceanwalk Associates, Ltd. 169463-0526, Lot 12 P. O. Box 207 Atlantic Beach, Florida 32233 Oceanwalk Associates, Ltd. 169463-0528, Lot 13 P. O. Box 207 Atlantic Beach, Florida 32233 Carl Reese & Co. , Inc. 169463-0530, Lot 14 P. O. Box 87 Atlantic Beach, Florida 32233 Richard M. Mears 169463-0532, Lot 15 7560 S. E. 162nd Street Miami, Florida 33157 Donald E. Sasser 169463-0534, Lot 16 13958 Spanish Point Drive Jacksonville, FLORIDA 32225 Treco Realty Group, Inc. 168340-0050, Lot 1 1325 San Marco Boulevard Jacksonville, Florida 32207 Alden Road, Ltd. Partnership 168368-0000, Lot 1 One San Jose Place, Suite 7 Jacksonville, Florida 32216 FLEET LANDING Atlantic Beach, rloriaa ADJACENT PROPERTY OWNERS Page 5 Pan Am Mini Storage, Inc. 169398-0450 333 Pablo Road Ponte Vedra Beach, Florida 32082 The Kerstal Company 169398-0460 The Krystal Building, Union Square Chattanooga, Tennessee 37402 North Lake Foods, Inc. 169398-0150 4561 - 34th Street Orlando, Florida 32811 Jacksonville Mayport Inn, LTD 168368-0500 P.O. Box 397 Lake Mary, Florida 32746 s.oele q , s. 3�• 500 . t2 ti =�=� ~ IOWA �i _ MA TC Hi LINE "• • • 1 , 14 1.se 6 t —��_ - G7•.�1 �,i.s • °''us' DIVISION 3 c{ SN IG1)w-o00e `.4' 1 Wo.e5.7" /7.93`".00/0 nLJft-IyOL O -.- � �_- viO 4.1..l LIS1 ` VW• • • • • ��`• WV'• • • 2 1 NV \ ti ,AGo8s-3sa.l3= U w �. ) 'e I. A !mil'0," 011.1°•.745 w G Lee' (EX) • foo=)' )11)13-0000 + f 1 .. d •. w7'Y.a•e9•• y t 4 OR 5443.19 i MN . 1 149397.0200 1-2.0.41- ..• Q• �• . e I1.719$-OISO LSe 171.77 •/ 17.'1 w G. Al • i Q 2 L G • • - 104.30 '.1/I •i.Y ta 11.535e•°44.O % • •. 1693,13.O�O p607G3.111L 0q 543/.-11{4 ^ . ... -0400 . (e)1/4) 7 •�„• 149399-0020 VT i i. // 11vAi..A RIC. •...... • Ns •17. S .• \Y't� OR 3770.413 '^ •• -\ K.9]99•Woo I N. • \� (�j4�Q� Y j sevlu y'1 coNoo.r • S1vILLA�3 ..• 0.3770 Sari CeNOeMIN1YM `....• ,v • IG9,9! 7. Sra K51,,.i),1.0300 1i. ]G�7 ~ rilli6‘11'''414 . L ti I J` `e ! t Al• •L OR]899-5 : ; J - 14939° a0 i' .1. •`• .. r .e �, Q our .- •.o. J \: 1.1405.ow*• 0 1 j —T.' :* MS th{ � w1.,f'o0t0 0 . _i • ~ LUB Si GOLF COURSE °""tn"� " SF LVA MARINA COUNTRY ATTACHMENT C • Comfort Inn. June 16, 1988 Re: Fleet Landing Atlantic Beach, Florida Dear Mr. Fellows: We are the Owners of Record of the parcel described in the enclosed exhibit which has been optioned by evidence of a purchase option to Haskell Realty Developers, Ltd., 111 Riverside Avenue, Jacksonville, Florida, 32202-4950, a Florida limited partnership. In connection with the application for rezoning of the above described property from OR to PUD classification, we hereby assign as our Agent, Haskell Realty Developers, Ltd. The rezoning and development shall be contingent upon Haskell Realty Developers, Ltd. purchasing the property. Sincerely, J�- n .• Shea ` II eder'ck Ad.. A. Fred Ad. Enclosure State of Florida County of Duval Before me this date personally appeared ,T©h_n W. 5/2ea _ ecIei / ,�. Ltd�Yrtx C-k , and f}1_ Who , after being duly sworn, on oath stated that they executed the foregoing freely and voluntarily for the purpose stated therein. Sworn to and. subscribed before me June /6 , 1988. 0 . ,.i, • Notary Public, State of F vorida Expiration: - Notary Public, State of Florida — My Commission Expires Noy. 15, 199O 2401 Mayport Road, Atlantic Beach, Florida 32233 (904) 249-0313 • I, • OPTION TO PURCHASE REAL ESTATE This Agreement made and entered into this / b day of if& 1986, by and between John W. Shea, Fredrick A. Adams and A. Fred Adams, hereinafter referred to as "Seller" , and Haskell Realty Developers, Ltd. , a Florida limited partnership, and/or its assigns, hereinafter referred to as "Buyer" . WITNESSET H: In consideration of and other good and valuable consideration by each party hereto paid to the other party, the receipt and sufficiency whereof are hereby acknowledged, and in further consideration of the mutual convenants and agreements hereinafter set forth, the parties hereto do hereby agree as follows : 1 . PROPERTY OPTIONED OPTION (A) Seller hereby grants to Buyer the right TERM and option to purchase the Property (defined in EXERCISE Section (B) of this Article 1) . The initial option period shall consist of two hundred forty ( 240 ) days beginning as of the date hereof. Seller hereby further grants to Buyer the right to extend the initial option period by up to four (4) extension periods of ninety (90) days each. Buyer may exercise this Option by giving Seller notice of its election to do so at the address and in the manner provided for giving of notice hereunder pursuant to Article 13. DEFINITIONS (B) That certain parcel of land situated in Duval County, Florida, containing approximately 8. 76 acres located in Atlantic Beach between . Mayport Road and Selva Marina Drive which is • shown in Exhibit A, here attached, and will be more particularly described in a survey and legal description which will be completed no later than 45 days from the signing of this document. And any improvements now thereon, and all right, title and interest of Seller in and to any land lying in bed of any public way abutting said parcels of land, and in and to any award or payment made or to be made for damage thereto by reason of change of grade of any street, and all easements, licenses and appurtenances thereto, are all hereinafter referred to as "the Property" . The option hereby granted is sometimes herein referred to as the "Option" . The "Title Document" is the Warranty Deed referred to in Article 2 hereof. The "Closing Documents" are the Title Document, and any consents, discharges, releases and other documents from other entities required so that Seller may transfer and convey title to the Property as herein required and all other documents required to be delivered at the Closing Time (defined in Article 5 hereof) by each party hereto. The "Option Payment" is the payment made by Buyer to Seller pursuant to Article 4, Paragraphs A & B. 2. TITLE • (A) If this Option shall be exercised by Buyer, as aforesaid, title to the Property shall be conveyed by warranty deed (herein referred to as "the Deed" ) which shall convey good and marketable title thereto, in fee simple, subject to no mortgages, easements, other than those existing on the date hereof, restrictions, leases, agreements, encroachments, liens or encumbrances whatsoever. ENCUMBRANCES (B) After the date hereof Seller shall not permit any mortgages, easements, restrictions, leases, agreements, encroachments, liens or encumbrances whatsoever upon the Property, except that Seller may enter into a backup contract or agreement which is subordinate to this Agreement and will not result in an encumbrance upon the Property. 3. GRANTEE The Grantee or Buyer named in the Title Document shall be Buyer, or such nominee or nominees ' of Buyer as Buyer shall designate •by notice to Seller prior to the Closing Time. 4. OPTION AND PURCHASE PRICES (A) Initial Option Period. Concurrently with the execution and delivery of this instrument, Buyer has paid to Seller the sum of , the receipt and sufficiency whereof Seller hereby acknowledges. The initial option period is for a period of two hundred forty (240) days. The first one hundred twenty ( 120 ) days thereof shall be called the "Investigation Period" . During said Investigation Period, Buyer shall have the right to perform such tests and investigations as further described in Article 7. Any time prior to the expiration of the Investigation Period, Buyer may at its sole election decide not to purchase the Property by giving proper notice .pursuant to Article 13 hereof. In that event, Seller will refund the $6, 690 deposit paid at execution to Buyer and this Agreement and Option shall be void and of no further force or effect and neither party shall have any claim against the other. Buyer will pay an additional option fee in the amount of on the one hundred twenty first day of the initial option period, for the remaining one • hundred twenty ( 120 ) days of the initial option period, for a total option fee of for the initial option period. (B) Extension Periods . Buyer shall have the right hereunder to extend this Agreement and Option by four (4) additional ninety (90) day periods by giving proper notice prior to the expiration of the preceding period and the payment of additional option fee of for each ninety day period. All deposits and option fees paid will be applied to the purchase price at closing. In the event the Buyer elects not to exercise this Option, then except as otherwise provided above in Paragraph 4(A) and in Article 11 (B) , all sums paid to Seller under this Article shall be retained by Seller, and all obligations of the parties hereunder shall cease and this Agreement and this ' Option shall be void and of no further force or effect and neither party shall have any claim against the other. PURCHASE (C) If Buyer elects to exercise this Option, PRICE • th'en Buyer shall pay Seller, as the agreed purchase price hereunder for the Property, the sum of per acre, which is approximately -2- (herein referred to as the "Purchase Price" ) , payable at closing net of deposits and Option Payments paid to Seller. In the event that the Buyer elects a closing date after the initial option period of two hundred forty ( 240 ) days beginning as of the date hereof, then the purchase price shall be increased by the sum of per day for each day that the closing occurs after the 240th day. The 241st day shall be considered as the commencing date, and the closing date shall be considered as the last day in computing the number of days . 5 . CLOSING TIME (A) If Buyer shall elect to exercise this Option , then closing of the transaction herein described and sale of the Property to Buyer pursuant hereto, including, without limitation, delivery of all fully executed Closing Time, and full payment of the balance , shall be at 10 : 00 a .m. , on the date therefore designated by Buyer by notice to Seller (which may be contained in the notice of exercise of this Option or in a separate notice) and which shall be twenty (20) days after the giving of such notice of exercise of this Option or in a separate notice (herein referred to as " the Closing Time" ) . Seller shall have the right to postpone the Closing Time pursuant to Article 11 (A) of this Agreement. LOCATION (B) Such closing of this transaction shall take place at the offices of the Buyer at Jacksonville, Florida, or such closing may take place at such other time and/or location as Seller and Buyer may hereafter, at their mutual election, . agree upon in writing. 6. DELIVERY POSSESSION, (A) At the Closing Time, Seller shall deliver CONDITION full possession of the Property to Buyer, free of all tenants and occupants, with the same utilities services, ingresses and egresses, if any, as existed, and in the same condition the Property was in, on the date hereof. Between the date hereof and the Closing Time, Seller shall not violate any laws, ordinances, codes or regulations or any other requirements of public authorities having jurisdiction with respect to the Property • TITLE (B) At closing time, the Seller shall deliver INSURANCE to the buyer at Seller' s expense an abstract of title prepared or brought current by a reputable and existing abstract firm purporting to be an accurate synopsis of the instruments affecting the title to subject Property recorded in the public records of the County wherein the Property is situated. Five (5 ) days prior to the Closing Time, Seller shall deliver to Buyer affidavits, security br indemnities which shall be acceptable to Buyer' s title insurance company for purposes of deleting from the ALTA Form B Owner ' s Policy of Title Insurance, to be issued to Buyer with respect to the Property in the amount of the Purchase Price, the standard exceptions of such title insurance company for claims of parties-in-possession, unrecorded leases and mechanics ' liens, except for mechanics ' liens for costs, expenses and services incurred by Buyer. -3- • (C) Seller shall deliver to Buyer for examination, at least thirty (30) days prior to the Closing Time , a complete copy of the unexecuted Deed and other closing documents, pursuant to which Seller shall convey to Buyer the Property. 7. INVESTIGATION PERIOD ACCESS (A) At any time after the execution and delivery of this Agreement by all parties hereto (herein referred to as "the Execution Date" ) , Buyer shall have the right to enter upon the Property to inspect the Property and make studies and tests thereof, including, without limitation, borings and soil tests, and studies of the adequacy of utilities, drainage, sewerage and ingress and egress, such rights to expire on the later of the expiration or termination of this Option or the Closing Time. Buyer shall have no obligation or responsibility to restore the Property to its former condition notwithstanding any such. borings, surveys or other tests, studies or acts . If Buyer shall determine, in its sole discretion, that the Property is not suitable or desirable for the purposes intended by Buyer then Buyer, at its election, may give notice thereof to Seller on or before one hundred twenty days ( 120 ) from the Execution Date, and this Agreement and this Option shall thereupon terminate. Buyer shall provide Seller• with a liability policy in the amount of insuring Seller from any claims by any third parties arising from the activities described in this paragraph. Buyer shall , in addition to providing an insurance policy, hold Seller harmless from any claims by any third parties. PERMITS (B) (1 ) At any time after the Execution Date, Buyer shall have the right to submit requests and applications for, and obtain, approvals of all such development plans and ingresses , egresses , stop signs, turning lanes, sewers, utilities, filling, building permits and other legal licenses, approvals and permits as Buyer shall deem necessary or desirable, in its sole descretion, for the development of the Property, all at Buyer' s sole cost and expense. Seller agrees to cooperate with Buyer in all such proceedings, actions and applications with respect to any of the Permits, furnishings, at Buyer' s request, all such information in connection therewith as Seller may have; and Seller agrees that the same may be conducted or submitted in the name of Buyer or Seller. (2 ) If Buyer shall determine, in its sole discretion, that zoning or any other applicable laws , ordinances and regulations do not permit construction upon or use of the Property for the purposes intended by Buyer, or that any of the Permits necessary or desirable therefore have not been unconditionally obtained, with the expiration of all appeal periods applicable thereto (and no such appeals having been determined in Buyer' s sole discretion) , then Buyer, at its election may give notice thereof to Sellers on or before one hundred twenty days (120 ) from the execution date, and this Agreement shall thereupon terminate. However, nothing contained in Article 7 shall be deemed to constitute conditions or contingencies of this -4- Agreement beyond the initial 120 day period. TERMINATION (C) Upon the giving of notice by Buyer to Sellers of its election to terminate this Agreement and this Option on or before one hundred twenty (120) days from the execution date, Seller shall forthwith refund the Deposit to Buyer and all obligations of the parties hereunder shall cease and this Agreement and this Option shall be void and of no futher force or effect and neither party shall have any claim against the other. Failure of Buyer to give notices on or before one hundred twenty (120) days from the execution date, shall be deemed to be conclusive evidence that all conditions of such Articles have either been satisfied to the satisfaction of Buyer or waived by Buyer to Seller. 8. RELATED TRANSACTIONS There are no related transactions. 9. SURVIVAL All representation and warranties of the Seller shall survive the' Closing. 10. BROKERS Seller agrees to pay a commission to The Haskell Company in the total amount of percent or approximately payable in cash at Closing. 11. NON-CONFORMANCE DEFECTS (A) If Seller shall be unable to convey title to, or deliver possession of, the Property, as required by this Agreement, then Seller shall use reasonable efforts to remove any defects in title to the Property, or to deliver possession as provided herein, in which event Seller shall give written notice thereof to Buyer at or before the Closing Time and thereupon the Closing Time shall be extended for a period of up to thirty (30) days. As used in this Section (A) , "reasonable efforts" shall not be deemed to include the commecement of any litigation or the payment of more than to remove any un- liquidated defect or claim (a mechanic' s lien and a mortgage each shall be considered as examples of a liquidated defect or claim) . CORRECTIONS (B) If, at the expiration of the Closing Time as determined above or pursuant to the following provisions of this Section (B) , Seller shall have failed to remove any defects in title to the Property, deliver possession, then, except as otherwise provided in this Section and in Section (C ) below, at Buyer' s election, the Deposit shall be forthwith refunded, with interest at the annual rate of ten percent (10%) , and all other obligations of all parties hereto shall cease and this Agreement shall be void and of no further force or effect and neither party shall have any claim against the other. If at the expiration of such thirty-day period Seller shall not have cured all such failures, then Buyer shall have the right -5- on one or more occasions to postpone the Closing Time up to an aggregate additional sixty (60) days and Buyer shall have the right, but not the obligation, during such period of up to sixty (60 ) days, to cure such failures and to charge the cost of curing the same against the Purchase Price, but Buyer may not expend more than of the Purchase Price with respect to any unliquidated defect or claim (as defined in Section (A) of Article 11 ) . Any defect in title shall be deemed cured, at Buyer ' s election, if the title insurance company which issued the title commitment for the policy of title insurance shall agree to insure against such defect . The amount of any additional premium for such insurance shall be paid by Seller up to an amount not to exceed Dollars and shall be deducted from the Purchase Price. • WAIVER (C) Notwithstanding Seller' s failure to give title or to deliver possession, as aforesaid, Buyer shall have the right, at any time during any period during which the Closing Time shall be extended or postponed, to take title to the Property subject to then existing defects in title and in their then condition, as the case may be. If Buyer exercises its election to take title and possession, as aforesaid, the Deed and other Closing Documents shall be forthwith delivered. USE OF (D) To enable Seller to make conveyance as PURCHASE herein provided, Seller may, at the Closing Time, PRICE use the Purchase Price or any portion thereof to clear title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the .recording of the Deed. DEPOSIT (E) If at least three (3 ) days prior to the Closing Time Buyer shall give notice to Seller that Buyer shall not consummate the purchase of the Property, or if Buyer shall otherwise fail to fulfill Buyer' s agreements herein, the Option • Payments and Deposit theretofore payable hereunder by Buyer shall be retained by Seller as full liquidated damages and all other obligations of the parties hereto shall cease and this Agreement shall be void and of no further force or effect and neither party shall have any claim against the other. 12. ADJUSTMENTS OPERATIONS (A) Taxes for the year in which the closing occurs shall be adjusted as of the Closing Time, and the net amount thereof shall be added to or deducted, as the case may be, from the amount payable by Buyer to Seller at the Closing Time . Taxes assessed for the tax year 1986 and any prior year, whenever due and payable, shall be paid by Seller. POST- (B) If the amount of said taxes is not known CLOSING at the Closing Time, such amount shall be apportioned on the basis of the taxes assessed for the previous tax year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced by abatemeht, the amount of such abatement, less the reasonable cost of obtaining the same, shall be apportioned between Seller and Buyer, provided -6- • • • that neither party hereto shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. TAXES (C) Seller shall pay the cost of the documentary stamps to be attached to the Warranty deed . Seller shall pay the cost of recording any corrective instruments. Buyer shall pay for the recording of the Warranty Deed. Buyer shall pay or assume to pay any assessments, improvement liens, impact fees assessed or levied by any governmental agency after the date of this Agreement. TITLE (D) Buyer shall pay the premium for any title PREMIUM insurance it desires to purchase. 13. NOTICES ' All notices and other communications pursuant hereto shall be deemed to have been given only upon the mailing thereof, postage prepaid, by registered or certified mail, return receipt requested, or by Federal Express, or similar overnight courier, which delivers only against signed receipt by the adressee thereof, to each party at the addresses, • and with the duplicate copies, hereinafter provided or at such alternate address as shall be designated by like notice: • if given to Seller, 2401 Mayport Road Atlantic Beach, Florida 32233 • Attention: Mr. John W. Shea • if given to Buyer, 720 Gilmore Street, Jacksonville, Florida 32204 Attention: Mr. Christopher S. Park ' 14. MISCELLANEOUS CHOICE • (A) This Agreement shall be construed in OF LAW accordance with the laws of Florida. AMENDMENT (B) This Agreement sets forth the entire understanding and agreement of the parties. This Agreement shall not be changed except by an instrument in writing signed by both parties hereto. Any of the provisions of this Agreement may be waived but only by an instrument in writing signed by the party who desires to waive such provisions. SUCCESSORS (C) This Agreement shall be binding upon and shall enure to the benefit of each of the parties hereto and their respective heirs, successors and assigns. COUNTERPARTS (D) This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one cr more counterparts has been signed by each of the parties and delivered to the other parties . CAPTIONS (E) The captions and marginal notes used herein are included only for ease of reference and shall have no meaning whatsoever in the construction of this Agreement. (F) If this Agreement is recorded in the public, records of Duval County, Florida by Buyer, or its agent, this Agreement shall be voidable by Sellers at its election. -7- VOTES (G ) Seller shall , at the Closing Time, deliver to Buyer evidence of the authority of Seller to consummate this transaction as Buyer shall reasonably request on or before the seventh (7th) day prior to the Closing Time . (H) Seller shall deliver to Buyer at the Closing Time such evidence as shall be required thereby for purposes of deleting from its policy of ' title insurance issued to Buyer covering the Property all notations or exceptions relating to dower, courtesy and homestead exemption. IN WITNESS WHEREOF, each of the .parties hereto have executed this Agreement, all as of the day and year first above written. WITNESSES :S TO BOTH: Fr• da �i_ By: d i'/ A / Jo/' W. S /:2; (1) . By: //I:se' Ire•rick A. Adams ///l.(-6,“(1-/Qt By: k" QQ-L------ A. Fred Adams WITNESSES AS TO BOTH: HASKE REALTY DEVELOPERS, LTD. l #i �w By:_�,L� . �i D D VANDERGRIF—"l 'sr , - Attor y-in-Fact for Preston H. Haskell, its Sole `! General Partner • -8- • • t , FIRST AMENDMENT TO OPTION TO PURCHASE REAL ESTATE 7fi This First Amendment is made as of the 10 day of MAY 1987 , between John W. Shea, Frederick A. Adams , and A. Fred Adams , hereinafter referred to as "Seller" , and Haskell Realty Develop- ers, Ltd. , a Florida limited partnership and/or its assigns, here- inafter referred to as "Buyer" . Seller and Buyer entered into an Option To Purchase Real Estate dated February 18 , 1986, ( "the Option Agreement"') . The Buyer and Seller desire to amend certain provisions of the Option Agreement. NOW THEREFORE, in consideration of these premises, in hand paid each to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: •a' .y • ap - • • .pt-].. : .- ' ' amended - r • t1-e--- OM IT Lcr /(A) f thi optio shal be e ercised b B. er, a• . foresaid, tit e to the 'r.perty s . 11 be conve -d b , arranty Dee. (herein ref, red to as "th- Deed" ) • i. ,` -hall conve •ood and m.. rke able title ereto, in - imple, su. jec to n. mort ages, eas' m: nts, re. ric ions, le ses, a• eel nts, en oachm ts, iens .r en (+ �j . umbrances whatsoe - , except ut' lit. and dr. n. .e ease ' y - . •O not 4. 2 . Paragraph 4 (B) of the Option Agreement is amended to read in its entirety as follows : 4 . Option and Purchase Prices (B) Extension Periods . Buyer shall have the right hereunder to extend this Agreement and Option by four ( 4 ) additional ninety ( 90 ) day periods commencing on the expiration of the preceding period by giving proper no- tice prior to the expiration of the preceding period and the payment of an additional option fee of for each ninety day peri- od. The expiration dates of the third and fourth addi- tional periods are agreed to be July 13 and October 11, 1987 . Buyer shall also have the right hereunder tc two ( 2 ) additional five ( 5 ) month extensions followinc the four ( 4 ) additional ninety ( 90 ) day periods by giv- ing notice prior to the expiration of the final ninety day period and the payment of the following schedule( option fees . • The first five ( 5 ) month period will begi► October 12, 1987 and end on March 12, 1988 . Buyer wil: pay to Seller an option fee of for this extension The second five ( 5 ) month period will begin March 13 1988 and end on August 13 , 1988 . Buyer will pay ti Seller an option fee of for this extension. All deposits and option fees paid will be ap plied to the purchase price at closing . In the even the Buyer elects not to exercise this Option, then ex cept as otherwise provided in Paragraph 11 (B) of the Option Agreement all sums paid to Seller under this Article shall be non-refundable and retained by Seller, and all obligations of the parties hereunder shall cease and this Agreement and this Option shall be void and of no further force or effect and neither party shall have any claim against the other. 3 . Paragraph 4 (C) of the Option Agreement is amended by adding the following : It is agreed that the purchase price, as increased by the aforesaid rate of per day, will be as of October 11, 1987 . If Buyer should elect to extend the Option Agreement beyond October 11, 1987 , then, in lieu of the aforesaid per day increase, the pur- chase price shall be increased by per day . for each day that the closing occurs after October 11 , 1987 . October 12, 1987 shall be considered as the commencing • date, and the closing date shall be considered as the last day in computing the number of days . 4 . The broker ' s commission stated in Paragraph 10 to be is corrected to read two and one- • . The brokerage commission shall be based on the initial purchase price of 5 . Paragraph 12 (A) of the Option Agreement is amended to read in its entirety as follows : 12 Adjustments (A) Commencing October 12, 1987, and continuing for the duration of this Option, Buyer shall be respon- sible for payment of the ad valorem real estate taxes assessed against the Property for the period following that date. Upon receipt of the 1987 ad valorem tax statement for the Property, Seller shall promptly pro- vide a copy to Buyer . If Buyer shall set a closing date prior to December 31 , 1987, then the 1987 real estate taxes shall be prorated on the closing statement as of October 12 , 1987 . If the closing date does not occur prior to December 31, 1987 , then prior to that date Buyer shall reimburse Seller for the taxes allocable to the period from October 12 to December 31, 1987 based on the amount payable during December 1987 , and the Buyer will be charged on the closing statement for all ad valorem real estate taxes accruing from January 1, 1988 through the closing date . 6 . Except as amended herein, the Option to Purchase Real Estate has not been otherwise amended and remains in full forcE and effect. • IN WITNESS whereof , the parties hereto set their hands anc seals as of the 10T—d day of MAY , 1987 . Signed, sealed and delivered SELLER: in the presence of : (if/Lk-4.A) (/) Jo in W Shea (1,--AkA,1 (. rederick A. Adams 67't-i As to Seller A. Fre Adams t • • BUYER: // Haske •ealt Develop-rs, Ltd. 411 Adak ��/✓ Ry: dm Al C7111-61Vander• T f nt\ 4W01 . c• as • - . for estop • . lam A- to Buyer its Sole General Partner • • • OPTION TO PURCHASE REAL PROPERTY This Agreement made and entered into this / 7---- day of February, 1986 , by and between BELOW PROPERTIES , LTD. , herein- after referred to as "Seller" , and HASKELL REALTY DEVELOPERS , LTD. , a Florida limited partnership, and/or its assigns , herein- after referred to as "Buyer" . WITNESSET H: In consideration of and other good and valuable considerationby each party hereto paid to the other party, the receipt and sufficiency whereof are hereby acknowl- edged, and in further consideration of the mutual coevenants and agreements hereinafter set forth, the parties hereto do hereby agree as follows : 1 . PROPERTY OPTIONED OPTION (A) Seller hereby grants to Buyer the right TERM and option to purchase the Property (defined in EXERCISE Section (B) of this Article 1) . The initial option period shall consist of two hundred forty (240) days beginning as of the date hereof. Seller hereby further grants to Buyer the right to extend the initial option period by up to four (4) extension periods of ninety (90) days each. Buyer may exercise this Option by giving Seller notice of its election to do so at the address and in the manner provided for giving of notice hereunder pursuant to Article 13. DEFINITIONS (B) Those certain parcels of land situated in Duval County, Florida, containing approximately 31 acres and 9 . 27 acres situated on and abutting the westerly side of Selva Marina Drive across from Selva Norte and are more particularly de- scribed in Exhibits A and B , and any improvements now thereon, and all right, title and interest of Seller in and to any land lying in bed of any public way abutting said parcels of land , and in and to any award or payment made or to be made for damage thereto by reason of change of grade of any street , and all easements , licenses and appurte- nances thereto, are all hereinafter referred to as "the Property" . The option hereby granted is sometimes herein referred to as the "Option" . The "Title Document" is the Special Warranty Deed re- ferred to in Article 2 hereof. The "Closing Docu- ments" are the Title Document, and any consents , discharges , releases and other documents from other entities required so that Seller may trans • - fer and convey title to the Property as herein re- quired and all other documents required to be de- livered at the Closing Time (defined in Article 5 hereof) by each party hereto. The "Option Pay- ment" is the payment made by Buyer to Seller pur- suant to Article 4 , Paragraphs A & B. 2 . TITLE (A) If this Option shall be exercised by Buyer, as aforesaid , title to the Property shall be conveyed by Special Warranty Deed in the form attached hereto as Exhibit C (herein referred to as "the Deed" ) which shall convey title to the Property in fee simple , subject to no mortgages , leases , encroachments , liens or encumbrances what- EXHIBIT "A" A part of Government Lots 1 and 8, Section 8, Township 2 South, Range 29 East, Duval County, Florida,. more particu- larly described as follows: • Commence at the Southwest corner of Lot 26 , Selva Marina, Unit No. 10-C, Plat Book 37, page 40, said Southwesterly • corner lying in the Northeasterly right of way line of Selva Marina Drive (Formerly old Sherry Drive) as established for a width of 100 feet; thence North 16° 24 ' 46" West, along said Northeasterly right of way line, 50. 85 feet; thence South 73° 35 ' 14" West, 100 feet to an intersection with the . Southwesterly right of way line of said Selva Marina Drive (said intersection being the point of curve of a curve concave Easterly and having a radius of 2914 .79 feet) for the Point of Beginning; thence North along the arc of said curve and along said Southwesterly right of way line, an arc distance of 640 . 66 feet to the point of tangency of said curve, said curve having a chord bearing and distance of North 10° 06 ' 58" .West, 639. 37 feet; thence North 03° 49 ' 10" West, along the Westerly right of way line of said Selva Marina Drive 892.51 feet; thence South 86° 10 ' 50" West, 751.37 feet to an intersection with the Westerly line of said Government Lot 1; thence South 00° 51' 14" East, along the Westerly line of Government Lot 1 and Government Lot 8 , 1590. 72 feet to an intersection with the Northerly line of lands described in Official Records Volume 3500 , page 1029 ; thence North 89° 58 ' 50" East, along said Northerly line, 933.19 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive; thence North 16° 24 ' 46" West, along said Southwesterly right of way line, 125 .43 feet to the Point of Beginning. EXHIBIT "B". A PAP': •-•:-.*F.P•NMENT LOT 7, SECTION AL •TOWNSHIP 2 SOUTH, RANGE 29 EAST, ;•!"..,%.:. COUNTY, FLORIDA,t::1-AND'BEING . MORE PARTICULARLY DI-2SCRI EF Fr'LLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NOFT!:‘:!•:•:7 •-•'.i.:•:EF OF FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES :':- 2A OF THE CURRENT:PU(314C RECORDS OF SAID•COUNTY: THE::CE '42' 10" WEST ALONGTHE: EASTERLY RIGHT-OF-WAY LINE OF .r.AY "PI' Ft!AD (STATE ROAD A-.1.'-.A.; '•A '100 FOOT RIGHT-OF-WAY) A FEET; THENCE.NORTH 8817 ' 50" EAST, ALONG THE :#1: A FLORIDA DEPARTMENT• OF TRANSPORTATION 55 FOOT PPA E!•:1•2-!T AND AN EASTERfif. PROJECTION THEREOF A DISTANCE r•F 1FEET TO THE. POINTOF. BEGINNING ; THENCE SOUTH • EAST, ALONG THE EASTLINE OF SAID. GOVERNMENT LOT 7 , A DISTANCE: OE 4413.23 FEET; THENCfs.:NORTH -89 4015" • W EST, • ALONG A . • • 11(‘‘.1Nr:-.1-":' r)F THE LAND DESCRIBED:AN' OFFICIAL RECORDS VOLUME 5500,• PAGE F THE PUBLIC RECOROSi!.OFSAID COUNTY, A DISTANCE OF FEFT• THENCE CONTINUE. •AI.bilc••:'SAID. BOUNDARY, AND ALONG A • Sol!!:7‘Ar".. THE LAND DESCRIBED.:-W;OFFICI AL RECORDS VOLUME 652,. : PAGE 4i' D PUBLIC RECORDSSOUTIII 51 .7.6.r.)2" WEST, A DISTANCE' CF FEET TO THE CENTERLINEOF*.AN 'EXISTING DRAINAGE CANAL AS • DESCFI (1!•*1:1 CI AL RECORDS7SrOLUilE 4163 , PAGE 1112 OF SAID tiltRiFE;:(:PDS : THENCE NORTC-1702 '. 15" WEST, ALONG SAID CENTEPI.. ; E, A D1 STANCE '-'0Fq:2;f3.0...%0.%:.7:0EET; THENCE::•CONTINUE •;•- NOT:.THWESTERIS SAID CENTERIXNE-1.VDISTANCE- OF 527.: FEET' MORE OR LESS 7•.-1 ;' NORTH :LI NE.';.1.t4f.)Y-?.F1:0-RI DA DEPARTMENT OP TPANSPr.7--T;-.710:: F..; FOOT DRAINAGE‘.•.kAgii4ENT: THENCE NORTH .88- 1750"; EAS7. 'NG SA NORTH_ 1.1 NF. AND ) EASTERLY PROJF.CTI.ON ,THEREOF, A r.7 S7.; r:F 774 FEET MORE OR j4SS.....TO• THE POINT OF BEGIlNING •-••.% 9.27 ACRES MORE OR.;:reg. ;::•...;;;.''.-.;.• . • : • . •• ; : ••• • • • • • • • . • • • OPTION TO PURCHASE REAL PROPERTY This Agreement made and entered into this / 7--- day of February, 1986 , by and between HELOW PROPERTIES, LTD. , herein- after referred to as "Seller" , and HASKELL REALTY DEVELOPERS , LTD. , a Florida limited partnership, and/or its assigns, herein- after referred to as "Buyer" . WITNESSET H: In consideration of and other good and valuable consideration by each party hereto paid to the other party, the receipt and sufficiency whereof are hereby acknowl- edged, and in further consideration of the mutual coevenants and agreements hereinafter set forth, the parties hereto do hereby agree as follows: 1 . PROPERTY OPTIONED OPTION (A) Seller hereby grants to Buyer the right TERM and option to purchase the Property (defined in EXERCISE Section (B) of this Article 1) . The initial option period shall consist of two hundred forty (240) days beginning as of the date hereof. Seller hereby further grants to Buyer the right to extend the initial option period by up to four (4) extension periods of ninety (90) days each. Buyer may exercise this Option by giving Seller notice of its election to do so at the address and in the manner provided for giving of notice hereunder pursuant to Article 13. DEFINITIONS (B) Those certain parcels of land situated in Duval County, Florida, containing approximately 31 acres and 9. 27 acres situated on and abutting the westerly side of Selva Marina Drive across from Selva Norte and are more particularly de- scribed in Exhibits A and B, and any improvements now thereon, and all right, title and interest of Seller in and to any land lying in bed of any public way abutting said parcels of land, and in and to any award or payment made or to be made for damage thereto by reason of change of grade of any street, and all easements , licenses and appurte- nances thereto, are all hereinafter referred to as "the Property" . The option hereby granted is sometimes herein referred to as the "Option" . The "Title Document" is the Special Warranty Deed re- ferred to in Article 2 hereof. The "Closing Docu- ments" are the Title Document, and any consents, discharges , releases and other documents from other entities required so that Seller may trans • - fer and convey title to the Property as herein re- quired and all other documents required to be de- livered at the Closing Time (defined in Article 5 hereof) by each party hereto. The "Option Pay- ment" is the payment made by Buyer to Seller pur- suant to Article 4 , Paragraphs A & B. 2. TITLE (A) If this Option shall be exercised by Buyer, as aforesaid, title to the Property shall be conveyed by Special Warranty Deed in the form attached hereto as Exhibit C (herein referred to as "the Deed") which shall convey title to the Property in fee simple, subject to no mortgages , leases , encroachments , liens or encumbrances what- soever, except current year ad valoram taxes and subject to no easements , restrictions or agree- ments except those identified on Exhibit D hereto, and easements conveyed pursuant to this Option may be subject to common use by others . ENCUMBRANCES (B) After the date hereof Seller shall not permit any mortgages , easements , restrictions , leases , agreements , encroachments , liens or encum- brances whatsoever upon the Property, except that Seller may enter into a backup contract or agree- ment which is subordinate to this Agreement and will not result in an encumbrance upon the Property. 3 . GRANTEE The Grantee or Buyer named in the Title Docu- ment shall be Buyer, or such nominee or nominees of Buyer as Buyer shall designate by notice to Seller prior to the Closing Time. 4 . OPTION AND PURCHASE PRICES (A) Initial Option Period. Concurrently with the execution and delivery of this instru- ment, Buyer has paid to Seller the sum of , the receipt and suf- ficiency whereof Seller hereby acknowledges. The initial option period is for a period of two hund- red forty (240) days. The first one hundred twenty (120) days thereof shall be called the "In- vestigation Period" . During said Investigation Period, Buyer shall have the right to perform such tests and investigations as further described in Article 7 . Any time prior to the expiration of the Investigation Period, Buyer may at its sole election give notice pursuant to Article 13 here- of. In that event, Seller will refund the deposit paid at execution to Buyer and this Agree- ment and Option shall be void and of no further force or effect and neither party shall have any claim against the other. Buyer will pay an additional option fee in the amount of on or before the one hundred twenty-first day of the initial ( 120) days of the intial option period, for a total option fee of for the initial option period. (B) Extension Periods. Buyer shall have the right hereunder to extend this Agreement and Option by giving proper notice prior to the expi- ration of the preceding period and the concurrent • payment of additional option fees of for each ninety (90) day period. All deposits and option fees paid will be applied to the purchase price at closing. In the event the Buyer elects not to exercise this Option , then except as otherwise provided above in Paragraph 4 (A) and in Article 11 (B) , all sums paid to Seller under this Article shall be retained by Seller, and all obligations of the parties here- under shall cease and this Agreement and this Option shall be void and of no further force or effect and neither party shall have any claim against the other. -2- PURCHASE (C) If Buyer elects to exercise this Option , PRICE then Buyer shall pay Seller , as the agreed pur- chase price hereunder for the Property, the sum of (herein referred to as the "Purchase Price") , payable in cash at closing net of deposits and Option Pay- ments paid to Seller. In the event that the Buyer elects a closing date during the option period but after the initial option period of two hundred forty (240) days beginning as of the date hereof, then the purchase price shall be increased by the sum of per day for each day that occurs after the 240th day to and including the closing date. The 241st day shall be considered as the commencing date, and the closing date shall be considered as the last day in computing the number of days . 5 . CLOSING TIME (A) If Buyer shall elect to exercise this Option, then closing of the transaction herein de- scribed and sale of the Property to Buyer pursuant hereto, including, without limitation, delivery of all fully executed Title Documents, and full pay- ment of the balance of the Purchase Price, shall be at 10 : 00 a.m. , on the date therefor designated by Buyer by notice to Seller (which may be con- tained in the notice of exercise of this Option or in a separate notice) and which shall be not more than twenty (20) days after the giving of such notice of exercise of this Option (herein referred to as "the Closing Time") . Seller shall have the right to postpone the Closing Time pursuant to Article 11 (A) of this Agreement. LOCATION (B) Such closing of this transaction shall take place at the offices of the Buyer at Jack- sonville, Florida, or such closing may take place at such other time and/or location as Seller and Buyer may hereafter, at their mutual election, agree upon in writing. 6 . DELIVERY POSSESSION, (A) At the Closing Time , Seller shall deliver CONDITION full possession of the Property to Buyer, free of all tenants and occupants , with the same utilities services , ingresses and egresses , if any, as existed, and in the same condition the Property was in, on the date hereof. Between the date hereof and the Closing Time, Seller shall not violate any laws, ordinances , codes or regulations. or any other requirements of public authorities • having jurisdiction with respect to the Property. TITLE (B) During the first one hundred twenty (120) INSURANCE days following execution hereof, the Buyer may ob- tain a title insurance commitment and furnish Seller a copy thereof and Seller shall exercise reasonable due diligence to effect the removal of any title exception listed therein which is not permitted hereunder. Any and all costs pertaining to the title insurance shall be bourne by Buyer and Seller shall have no liability with respect thereto. ' At the Closing Time , Seller shall deliver to Buyer affidavits , security or indemnities which shall be acceptable to Buyer' s title insurance -3- company for purposes of deleting from the ALTA Form B Owner ' s Policy of Title Insurance , to be issued to Buyer with respect to the Property in the amount of the Purchase Price, the standard exceptions of such title insurance company for claims of parties-in-possession , unrecorded leases and mechanics ' liens (except for mechanics ' liens for costs , expenses and services incurred by Buyer, none of which shall be a charge against Seller' s interest in the Property) . (C) Seller shall deliver to Buyer for exam- ination, at least five (5) days prior to the Closing Time , a complete copy of the unexecuted Deed and other closing documents, pursuant to which Seller shall convey to Buyer the Property. 7. INVESTIGATION PERIOD ACCESS (A) At any time after the execution and de- livery of this Agreement by all parties hereto (herein referred to as "the Execution Date") , Buyer shall have the right to enter upon the Prop- erty to inspect the Property and make studies and tests thereof, including, without limitation, borings and soil tests, and studies of the ade- quacy of utilities, drainage, sewerage and ingress and egress, such rights to expire on the later of the Closing Time. Buyer agrees to not unreason- ably damage the Property but Buyer shall have no obligation or responsibility to restore the Prop- erty to its former condition notwithstanding any such borings , surveys or other tests , studies or acts. If Buyer shall determine, in its sole dis- cretion, that the Property is not suitable or desirable for the purposes intended by Buyer then Buyer, at its election , may give notice thereof to Seller on or before one hundred twenty (120) days from the Execution Date, and this Agreement and this Option shall thereupon terminate. In the event of such electionor in the event of any other of Buyer ' s elections to terminate this Agreement and Option as provided herein, Buyer shall deliver all soil test reports and studies, or complete and legible copies thereof, to Seller, at no cost or expense to the Seller. Buyer hereby indemnifies and saves Seller harmless from and against any and all claims by any third parties arising from the activities de- scribed in this paragraph. No assignment of this Agreement and Option shall relieve the Buyer named herein from the indemnity provided for in this paragraph. PERMITS (B) (1) At any time after the Execution Date, Buyer shall have the right to submit re- quests and applications for, and obtain, approvals of all such development plans and ingresses, egresses , stop signs, turning lanes, sewers, util- ities, filling, building permits and other legal licenses, approvals and permits as Buyer shall deem necessary or desirable , in its sole discre- tion, for the development of the Property, all at Buyer ' s sole cost and expense . Seller agrees to cooperate with Buyer (but at no cost or expense to Seller) in all such proceedings , actions and ap- plications with respect to any of the Permits, and furnish, at Buyer ' s request, all such information in connection therewith as Seller may have; and -4- • Seller agrees that the same may be conducted or submitted in the name of Buyer or Seller. (2) If Buyer shall determine, in its sole discretion, that zoning or any other applicable laws, ordinances and regulations do not permit construction upon or use of the Property for the purposes intended by Buyer, or that any of the Permits necessary or desirable therefore have not been unconditionally obtained, with the expiration of all appeal periods applicable thereto (and no such appeals having been determined in Buyer' s sole discretion) , then Buyer, at its election may give notice thereof to Seller on or before one hundred twenty (120) days from the execution date, and this Agreement shall thereupon terminated. However, nothing contained in Article 7 shall be deemed to constitute conditions or contingencies of this Agreement and Option beyond the initial one hundred twenty (120) day period. TERMINATION (C) Upon the giving of notice by Buyer to Seller of its election to terminate this Agreement and Option on or before one hundred twenty (120) days from the execution date, Seller shall forth- with refund the Deposit to Buyer, Buyer shall de- - liver the soil test and other inspection reports, and all obligations of the parties hereunder shall cease and this Agreement and Option shall be void and of no further force or effect and neither party shall have any claim against the other. Failure of Buyer to give notice on or before one hundred twenty (120) days from the execution date, shall be deemed to be conclusive evidence that all conditions of such Articles have either been satisfied to the satisfaction of !uyer or waived by Buyer to Seller. 8. RELATED TRANSACTIONS There are no related transactions. 9'. SURVIVAL All representation and warranties of the Seller shall survive the Closing. 10 . BROKERS Buyer and Seller each warrant and represent to the other that the only broker it has dealt with in connection with this transaction is The Haskell Company. Seller agrees to pay a commis- sion to The Haskell Company in the total amount of payaole at Closing. Each party hereby warrants and represents to the other party that it has dealt with no other brokers in connection with this Agreement or any aspect of the transaction herein contemplated and that it will indemnify the other party against, and save the other party harmless from, all commissions, fees and other costs, and claims therefore, by any other broker • who shall allege such broker has dealt with the indemnitor hereunder in connection with the trans- action herein contemplated. 11 . NON-CONFORMANCE DEFECTS (A) At the time Buyer elects to terminate this Agreement and Option or proceed hereunder -5- (i.e. one hundred twenty (120) days hereafter, Buyer shall also decide whether or not Seller' s title to the Property is acceptable to Buyer and Buyer' s election to proceed shall also constitute Buyer' s acceptance of Seller' s title as of the date hereof or as of the date of any title commit- ment obtained by Buyer, whichever date is later, and Seller shall have no further responsibility with respect to title except: (1) to convey title as provided herein; (2) to refrain from changing or encumbering title after such date; and (3) to pay any mortgages and other liens, including mechanic' s liens, at Closing. WAIVER (B) Notwithstanding Seller' s failure to give title or to deliver possession, as aforesaid, Buyer shall have the right, at any time prior to the Closing Time to take title to the Property subject to then existing defects in title and in its then condition, as the case may be. If Buyer exercises its election to take such "as is" title and possession, as aforesaid, the Deed and other Closing Documents shall be forthwith delivered. USE OF (c) To enable Seller to make conveyance as PURCHASE herein provided, Seller, may, at the Closing Time, - PRICE USE THE Purchase Price or any portion thereof to clear title of any or all encumbrances or inter- ests, provided that all instruments so procured are recorded simultaneously with the recording of the Deed, or available from institutional lien holders on receipt of sums certain specified in writing by such lien holders. DEPOSIT (E) If Buyer shall fail to fulfill any of Buyer' s agreements herein, the Option Payments and Deposit payable hereunder by Buyer shall be re- tained by Seller as full liquidated damages and all other obligations of the parties hereto shall cease and this Agreement and Option shall be void and of no further force or effect and neither party shall have any claim against the other. 12. ADJUSTMENTS TAXES (A) Taxes assessed for the year 1985 and any prior year, whenever due and payable, shall be paid by Seller. All taxes thereafter shall be paid by Buyer if Closing occurs hereunder. CLOSING (B) At Closing Seller shall pay the commis- COSTS sion provided for herein, the Seller' s attorney' s fee and the cost of recording any corrective in- struments. Buyer shall pay for the documentary stamps due on the Deed and for recording the Deed. Buyer shall pay or assume to pay any assessments, improvement liens, or impact fees assessed or levied by any governmental agency after the date of this Agreement. TITLE (C) Buyer shall pay the premium for any title PREMIUM AND insurance it desires to purchase and the costs of SURVEYOR'S any surveys Buyer desires to obtain. CHARGES 13. NOTICES All notices and other communications pursuant hereto shall be deemed to have been given only upon the mailing thereof, postage prepaid, by re- gistered or certified mail, return receipt re- -6- • quested, or by Federal Express, or similar over- night courier, which delivers only against signed receipt by the addressee thereof, to each party at the addresses , and with the duplicate copies , hereinafter provided or at such alternate address as shall be designated by like notice: • if given to Seller, 8118 Summit Ridge Lane Jacksonville, Florida 32216 • if given to Buyer, 720 Gilmore Street, Jacksonville, Florida 32204 Attention: Mr. Christopher S. Park 14 . MISCELLANEOUS CHOICE (A) This Agreement shall be construed in ac- OF LAW cordance with the laws of Florida. AMENDMENT (B) This Agreement sets forth the entire understanding and agreement of the parties . This Agreement shall not be changed except by an in- strument in writing signed by both parties hereto. Any of the provisions of this Agreement may be waived but only by an instrument in writing signed by the party who desires to waive such provisions. SUCCESSORS (C) This Agreement shall be binding upon and shall enure to the benefit of each of the parties hereto and their respective heirs, successors and assigns. COUNTERPARTS (D) This Agreement may be executed in one or more counterparts, all of which shallbe consid- ered one and the same agreement and shall become effective when one or more counterparts has been signed by each of the parties and delivered to the other parties. CAPTIONS (E) The captions and marginal notes used herein are included only for ease of reference and shall have no meaning whatsoever in the construc- tion of this Agreement. (F) This Agreement is not to be recorded in the public records of Duval County, Florida and if recorded by Buyer, this Agreement shall be void- able by Seller at its election. VOTES (G) Seller shall, at the Closing Time , de- liver to Buyer evidence of the authority of Seller to consummate this transaction as Buyer shall reasonably request on or before the seventh (7th) day prior to the Closing Time. • (H) Seller shall deliver to Buyer at the Closing Time such evidence as shall be required thereby for purposes of deleting from its policy of title insurance issued to Buyer covering the Property all notations or exceptions relating to dower, courtesy and homestead exemption. (I) In connection with any litigation in- cluding appellate proceedings arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney ' s fees and costs. -7- • IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement, all as of the day and year first above written. WITNESSES : HELOW PROPERTIES, LTD. By• Noy-- .. • - �� _ __ 14 //� Georg: A. Helow 4 ,, As t. Seller WITNESSES : HASK •LL REALTY DEVELOPERS , LTD. .. � � BY ��. � . / / M• � iWARs � • 1 �ER4 • F as A .orn or i..e/Ve .<.� i i/// P stop H. Haske 1, i s Sole As to Buyer General Partner • • -8- EXHIBIT "A" A part of Government Lots 1 and 8 , Section 8, Township 2 South, Range 29 East, Duval County, Florida ,. more particu- larly described as follows : Commence at the Southwest corner of Lot 26 , Selva Marina , Unit No. 10-C, Plat Book 37, page 40, said Southwesterly corner lying in the Northeasterly right of way line of Selva Marina Drive (Formerly old Sherry Drive) as established for a width of 100 feet; thence North 16° 24 ' 46" West, along said Northeasterly right of way line, 50 . 85 feet; thence South 73° 35 ' 14 " West, 100 feet to an intersection with the . Southwesterly right of way line of said Selva Marina Drive (said intersection being the point of curve of a curve concave Easterly and having a radius of 2914 . 79 feet) for the Point of Beginning; thence North along the arc of said curve and along said Southwesterly right of way line , an arc distance of 640 . 66 feet to the point of tangency of said curve, said curve having a chord bearing and distance of North 10° 06 ' 58" West, 639 . 37 feet; thence North 03° 49 ' 10" West, along the Westerly right of way line of said Selva Marina Drive 892 .51 feet; thence South 86° 10 ' 50" West, 751. 37 feet to an intersection with the Westerly line of said Government Lot 1; thence South 00° 51 ' 14" East, along the Westerly line of Government Lot 1 and Government Lot 8 , 1590. 72 feet to an intersection with the Northerly line of lands described in Official Records Volume 3500 , page 1029 ; thence North 89° 58 ' 50" East, along said Northerly line, 933.19 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive; thence North 16° 24 ' 46" West, along said Southwesterly right of way line, 125 . 43 feet to the Point of Beginning. EXHIBIT "B" A PART ' .F RNMF.NT LOT 7, SECTION .8', TOWNSHIP 2 SOUTH, .RANGE' 29 EAST, i•!' •'%•.1. COUNTY, FLORIDA '`AND':BEING ' MORE PARTICULARLY DESCFJ 6 F i' F''i.LOWS: FOR A POINT OF REFERENCE, COMMENCE AT •THE N,.'FT!!t•' ! • ' '.`:i:r CiF FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39, PAGES ' •• 2. :'A OF THE CURRENT'PUF3LIC RECORDS OF SAI P• COUNTY: THF.NCF '42' 1.0" WEST ALONG' THE: EASTERLY RIGHT-OF-WAY LINE OF .•;AYi•YP. • .'i!:.!� ( STATE. ROAD A- `1-A• •A '100 FOOT• RICHT-OF-h'AY) A F • s C'•: `'!' :10(... 59 FEET; THENCE.NORTH 88' 17 ' 50" EAST, ALONG THE N!' :'r' A FLORIDA DEPARTMENT OF TRANSPORTATION 55 FOOT E 5"r:'•:ENT AND AN EASTERLY ' PROJECTION THEREOF A DISTANCE r'F 1 ? i :: J FEET TO THE POINT`'OF. BEGINNING ; THENCE SOUTH ' 1 3 ' 1 (." EAST, ALONG THE EAST'.LINE OF .SAID GOVERNMENT LOT 7, A DISTANCE ('F 448.23 FEET; THENCE:'NORTH •89 ' 40' 15" • WEST, '•ALONG A 1'"�• N AF )F THE LAND DESCRIBED :••IN' OFFICIAL RECORDS VOLUME 5500,• PAGE 1 "•F THE PUBLIC RECORDS';OSAID COUNTY, A DISTANCE OF ] '1"•' !• EFT• THENCE CONTINUE •AL'ONG'..'SAID. BOUNDARY, AND ALONG A • I"ll•'NT'A `' THE LAND DF..SCRIBED'•.IN'OFFICIAL RECORDS VOLUME 652 PAGE 4i•4 SA1 D PUBLIC RECORDS :!SOUTH 51 '26'02" WEST, A DISTANCE' ( !•1::T TO THE CENTERLINE SOF AN 'EXISTING DRAINAGE CANAL AS D;•;cr_F ! 1:.;;•• ;; (11:1:1C1 AL RECORDS';VOLUME 4163, PAGE 1112 OF SAID. i'11B1 I :' F !•:c;(•PDS ; THENCE NORTIc..:::17.„7.0.2 ' 15” WEST, ...ALONG SAID • CENT E El.!h.. i ::i:, A P1 STANCE.•..OF...%'Z80:`60':•FEET; THENCE"•CONTINUE..;:: i NORTHWESTERLY AI.•')M SAID CENTEP..ThE sA;;•DISTANCE•' OF 527., FEET' MORE .. ' OR LESS TO S,•• : i' NORTH :LINE:: OF: •A"'.FI.O'RIDA DEPARTMENT OF. : TPANSPr••LT IO!; .=, FOOT DRAINAGE'•.EASEME • F.;�S�:', �•I. •`:f' SA ';C .• �•., NT: THENCE NORTH .88" 17.5p••�.•: • NORTH.T II. I.I AF. AND X31 ' EASTERLY PROJr:CTI,OI.. :THEREOF, A DI STANCE �':I. 774 FEET ., •��-. MORE"9R. LESS:.TO' THE POINT *OF BEGINNING. :!1::T• i s : .:.; 9.27 ACPES MORE OR, L`FS$:'-;�_ •• • , • • • j 1, co1•'r L or 2 .• �..�—• �a - --- .7_ N PB'17.50'47 774'= — 'I D D r 55. DIilNact !AseMtwr VWI II N 03 • R • N 0 ! c r 1.1 i • 7< \\ ,:3�� O G%• o! • ;r 1 .'t y ; \x i M)?•L R- /06.32[ r..m Cr[_r+.. �° s N.59'40'1 'W. / z. k s ,.�,r =0 1_ e , 0 ✓ , . '\ M.LIK a.. n1 i 1 ' : 4. u v l. ‘.• 6 e• •• \\ O.R. VOL.5500 i0•/019 •'� O. VOL.I/61 //.lilt N �� SLti 5 5, t R�MtaLiG •.LNIL m •..\ \ er D.RvoLc/[ircwt1 '3 1% •..I Atm—_..—.—_.—_.. . . vv.vvIA � \ • 1 ^ O.R.VOL.IIlS /I.//0e It00' _ 1� 1 r \ • 5 t> �► I. • Q R. �1"""L"". 631 I'�P0. 484 • L< J\� B SELVAARINA COUNTRY CLUB NOr! ;y { 44 til • et4R/NOS ARE 1.1S(D ON fLOR)D/ oar DAWN Q ► fOR NsrrOR7 RO40, srlrt ROAD R-/-.1. p� P 1 Z Q• t - • . i ji 02 �Z ail _ 1A' .d ,r At vQ v�� VY' O' •�•.6Lyiaa,.� 1 � CA�ba A br gi1s 070 A 7� 1vbo_i) - CMIy.o01) �/1 1 U • ,��. 7 ` /S Z69 M-O/.60.F0/Y .Li '6G7 M_9S.7O.0/Iy.OH� Y/!�%76iO1N,Of1pivi7wr/I•J7 JIsnr •i,• 4,.i ' 15,fyi. r• I t ` I \t\ r 13.k4 m • Ji , H i 1, s u� 1r • o t, • N (. 1 to t o//S.tosJ./.O/O"AV 7J)r!/ST.1/ .tir cid/ .ypJ I:4 • E);iiiJiT C SPECIAL WARRANTY DEED KNOWN ALL MEN BY THESE PRESENTS: THAT Grantor, in consideration of the Sum of Ten and No/100 Dollars ($10.00), and other valuable considerations, in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto of Grantee, the following real property and premises,situate in the county of ,State of _, to wit: • together with all improvements thereon and the appurtenances thereunto belonging, and warrants the title only against the claim of every person whomsoever claiming by, through or under Grantor. This deed is subject to all taxes and questions of survey,zoning ordinances, restrictions and easement of record or In place. GRANTOR DOES NOT WARRANT EITHER EXPRESSLY OR IMPLIEDLY,THE CONDITION OR FITNESS OF THE PROPERTY CONVEYED HEREUNDER, ANY SUCH WARRANTY BEING HEREBY EXPRESSLY NEGATIVED. GRANTEE BY ACCEPTANCE HEREOF ACKNOWLEDGES THAT HE HAS MADE A COMPLETE INSPECTION OF THE ABOVE DESCRIBED REAL PROPERTY AND ANY IMPROVEMENTS AND/OR EQUIPMENT LOCATED THEREON AND IS IN ALL RESPECTS SATISFIED THEREWITH AND ACCEPTS THE SAME"AS IS". TO HAVE AND TO HOLD said described premises unto the said Grantee, successors, heirs and assigns forever. SIGNED AND DELIVERED this day of , 19 ATTEST: SECRETARY • WITNESS: By STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized In the State aforesaid and In the County aforesaid, to take acknowledgements, personally appeared • to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of A.D. 19 • This instrument was prepared by: Notary Public EXHIBIT D A. The parcel described on Exhibit A is subject to: 1 . Agreement to Grant Future Easements from Brenda P. Bull to George A. Below, as trustee, dated December 11 , 1981 under Clerk' s File No. 81-77802 , Duval County Records (copy attached) . B. The parcel described on Exhibit B is subject to: 1. Easement recorded in Official Records Volume 3083 , Page 1 , Official Records Volume 3086 , Page 305 , as modified in Official Records Volume 3516, Page 950. 2. Easement recorded in Official Records Volume 5810, Page 2256 . 3. Drainage canal on Westerly lot line . • • • • AGREEMENT TO G von 5 4 3 ro 35 RANT FUTURE EASEMENTS ' OFFICIAL RECORDS THIS AGREEMENT made this ! day of December, 1981, by and between BRENDA P. BULL, hereinafter referred to as "Bull" , and GEORGE A. HELOW, as trustee, hereinafter referred to as "Below" WITNESSETH : That, WHEREAS, Bull is the owner of the property described on Exhibit A, attached hereto and by this reference made a part hereof; and WHEREAS, Below has purchased the lands described on Exhibit B, attached hereto and by this reference made a part hereof, from Bull by instrument of even date herewith and, as a portion of the purchase price of said property, Bull has agreed to grant Helow an easement for drainage purposes as Helow may from time to time request. NOW THEREFORE, for and in consideration of the sum of and other good and valuable considerations , • in hand paid the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows : 1. That upon written request of Below, Bull hereby agrees to give, grant, dedicate and convey to Below, c\ or nominee, in proper legal form, such unobstructed rights of way and perpetual easements as Below may, from time to time request, with the right, privilege and authority to said Below to construct, operate, lay, maintain, improve and/or repair open ditches for drainage and/or a retainage pond or ponds and, if in the event found necessary, to construct, operate, lay, maintain, improve and repair subsurface pipes for drainage, over and across the property decribed on said Exhibit A. 0 2. This agreement shall be a covenant running Wo with the lands described on the attached Exhibit A and B and shall inure to the benefit of Below, his heirs, personal y representatives, successors and assigns and shall be o - = binding on the heirs, personal representatives , successors , om � o and assigns of Bull. '- Z K = U • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above s written. Yo Signed, sealed and delivered tin the presence of: � • - (Ct . dL. (SEAL) u /_ k, Brenda P. Bull STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument wa 1.G before me this (hi,' day o.f.!December, 1981, by Br + :• Bul • V NO Ry •( . 1 PLEASE RETURN TO Notar P . • .. • Florida KENT, WATTS, DURDEN, KENT & MICKLERat Lar• G`" Florida National Bank Building My commi .,Sr' . - •Z,l�e ��? r�-�3 P. 0. BOX 4700 tomo. • Jacksonville, Florida 32201 • -. (Notarial Seal) • • VOL 5463 ic 36 EXHIBIT A • OFFICIAL RECORD! That part of Lot 1, Division 3 of the Andrew Dewees Grant, Section 37 , Township 2 South, Range 29 East, Duval County, Florida, lying Westerly of Old Sherry Drive (County Road No. 551) . That part of Government Lot 1, Section 8, Township 2 South, Range 29 East, Duval County, Florida, lying Westerly of Old Sherry Drive (County Road No. 551) . • EXHIBIT B • A part of Government Lots 1 and 8, Section 8, ,Township 2 South, Range 29 East, Duval County, Florida, more particu- larly described as follows : Commence at the Southwest corner of Lot 26 , Selva Marina, Unit No. 10-C, Plat Book 37 , page 40, said Southwesterly corner lying in the Northeasterly right of way line of Selva Marina Drive (Formerly old Sherry Drive) as established for a width of 100 feet; thence North 16° 24 ' 46" West, along said Northeasterly right of way line, 50. 85 feet; thence South 73° 35 ' 14" West, 100 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive (said intersection being the point of curve of a curve concave Easterly and having a radius of 2914 .79 feet) for the Point of Beginning; thence North along the arc of said curve and along said Southwesterly right of way line , an arc distance of 640. 66 feet to the point of tangency of said curve, said curve having a chord bearing and distance of North 10° 06 ' 58" West, 639 . 37 feet; thence North 03° 49 ' 10" West, along the Westerly right of way line of said Selva Marina Drive 892. 51 feet; thence South 86° 10 ' 50" West, 751. 37 feet to an intersection with the Westerly line of • said Government Lot 1; thence South 00° 51 ' 14" East, along the Westerly line of Government Lot 1 and Government Lot 8 , 1590. 72 feet to an intersection with the Northerly line of lands described in Official Records Volume 3500 , page 1029; thence North 89° 58 ' 50" East, along said Northerly line, 933. 19 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive; thence North 16° 24 ' 46" West, along said Southwesterly right of way line, 125.43 feet to the Point of Beginning. 8 — 77802 • OFc I ► 1122 AM 81 CawnCt•Z Met.i 'F CJtL..C:u,1t.FLJA a FAK-r CJfGtH1 CAW' FIRST AMENDMENT TO OPTION TO PURCHASE REAL ESTATE • This first amendment made and executed as of the 17th day of June, 1986, between Helow Properties, Ltd. , hereinafter referred to as "Seller" , and Haskell Realty Developers, Ltd. , a Florida Limited Partnership and/or its assigns, hereinafter referred to as "Buyer" . RECITALS : (1) Seller and Buyer entered into a certain option to purchase real estate dated February 17, 1986, copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein • ( "the Option" ) . (2 ) The Buyer and Seller desire to modify and amend certain provisions of the option relating to the timing of certain opera- tive paragraphs . Now therefore, in consideration of these premises, in hand paid each to the other and other good and payable con- siderations, the receipt and sufficiency of which is hereby • acknowledged, the parties hereto agree as follows : 1 . Amend Paragraph 4 . (A) to read: 4 . OPTION AND PURCHASE PRICES (A) Initial Option Period. Concurrently with the execu- tion and delivery of this instrument, Buyer has paid to Seller the sum of which is nonrefundable, the receipt and sufficiency whereof Seller hereby acknowledges . Buyer agrees to pay an "additional fee" in the amount of on or before the one hundred twenty-first ( 121 ) day of the initial option period or in conjunction with the signing of this documents, for a total option fee of for the initial option period. The initial option perioa is tor a period of two hundred forty ( 240 ) days . The first two hundred ten ( 210) days thereof shall be called the "Investigation Period" . During said Investiga- tion Period, Buyer shall have the right to perform such tests and investigations as further described in Article 7 . Any time prior to the expiration of the two hundred ten ( 210) day Investigation Period, Buyer may at its sole election give notice pursuant to Article 13 hereof . In that event , Seller will refund the "additional fee" paid to Buyer and • this Agreement and Option shall be void and of no further force or effect and neither party shall have any claim against the other . . 2 . All other provisions of the option will remain in force with the exception of the change to paragraph 4 . (A) enumerated above . In witness whereof , the parties hereto set their hands and seals as of the 17th day of June, 1986 . Signed, sealed and delivered in the presence of : WITNESS Seller • /7764/(7%',9/7eA)//‘)-C �•� / / ' ((Seal ) (Seal ) • (Seal ) As to Seller Bu er ,A 4111116 C . r . :rd Vanipr-v4e �i4*'rney- in ; t for P -e e . Ha its ole General Partner As to Buyers ar' • • • -2- SECOND AMENDMENT TO OPTION TO PURCHASE REAL ESTATE This Second Amendment is made as of the , day of }/('t 1' 1987 , between Below Properties, Ltd . , hereinafter referred t $ as "Seller" , and Haskell Realty Developers , Ltd . , a Florida limited partnership and/or its assigns, hereinafter referred to as "Buyer" . Seller and Buyer entered into an Option To Purchase Real Estate dated February 17 , 1986, as amended by that First Amendment to Option to Purchase Real Estate dated June 17 , 1986 (collec- tively "the Option Agreement" ) . The Buyer and Seller desire to amend certain provisions of the Option Agreement. NOW THEREFORE, in consideration of these premises, in hand paid each to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 . Paragraph 4 (B) of the Option Agreement is amended to read in its entirety as follows : 4 . Option and Purchase Prices (B) Extension Periods. Buyer shall have the right hereunder to extend this Option Agreement by four ( 4 ) additional ninety ( 90 ) day periods commencing on the ex- piration of the preceding period by giving proper notice prior to the expiration of the preceding period and the payment of an additional option fee of for each ninety day period. The expiration dates of the third and fourth additional periods are agreed to be July 12 and October 10 , 1987 . Buyer shall also have the right hereunder to extend this Option Agreement by two ( 2 ) additional five ( 5 ) month periods following the four ( 4 ) additional ninety ( 90 ) day periods described above by giving notice prior to the expiration of the preceding period and the payment of an additional option fee of for each additional five ( 5 ) month period. The expiration dates of these ' two additional periods are agreed to be March 10 and August 10 , 1988 . All deposits and option fees paid will be ap- plied to the purchase price at closing . In the event the Buyer elects not to exercise this Option, then ex- cept as otherwise provided in Paragraph 11 of the Option Agreement, all sums paid to Seller under this Article shall be non-refundable and retained by Seller, and all obligations of the parties hereunder shall cease and this Agreement and this Option shall be void and of no further force or effect and neither party shall have any claim against the other. 2. Paragraph 4 (C) of the Option Agreement is amended by adding the following: It is agreed that the purchase price, as increased by • the aforesaid rate of per day , will be as of October 10 , 1987 . If Buyer should elect to extend the Option Agreement beyond October 10 , 1987 , then, in lieu of the aforesaid per day in- crease,' the purchase price shall be increased by per day for each day that the closing occurs after October 10, 1987 . October 11, 1987 shall be considered as the commencing date, and the closing date shall be considered as the last day in computing the number of days . 3 . Except as amended herein, the Option to Purchase Real Estate has not been otherwise amended and remains in full force and effect. IN WITNESS whereof, the arties hereto set their hands and seals as of the 7 . day of ,t__ , 1987 . Signed, sealed and delivered SELLER: in the • esence of: HELOW PROPERTIES, LTD. i nek / By: ,� / /7 i Z( George- A. Helow, ner • BUYER: Haske 1 Realty Deve • - - rs, L • . l"'`-'-•_cJ .��i- — BY• 4111 r IF IP - A .4� �� = a- • orney-in- ac r � • fo •reston H. Hask: ll, As to B yer its Sole General Partner ' BULL dredging incorporated [904) 246-1121 ■ 321 ATLANTIC BLVD. ■ ATLANTIC BEACH. FLORIDA 32233 June 16, 1988 Re: Fleet Landing Atlantic Beach, Florida Dear Mr. Fellows: We are the Owners of Record of the parcel described in the enclosed exhibit which has been optioned by evidence of a purchase option to Haskell Realty Developers, Ltd., 111 Riverside Avenue, Jacksonville, Florida, 32202-4950, a Florida limited partnership. In connection with the application for rezoning of the above described property from OR to PUD classification, we hereby assign as our Agent, Haskell Realty Developers, Ltd. The rezoning and development shall be contingent upon Haskell Realty Developers, Ltd. purchasing the property. Sincere.,.yi / L l ---. Willi A.13;911 �l H cou Bull, III Jane E. Bull Enclosure State of Florida County of Duval Before me this date personally appeared (,(J. A, „Raw , — --- , and , who, after being duly sworn, on oath stated that they executed the foregoing freely and voluntarily for the purpose stated therein. Sworn to and subscribed before me June RP , 1988. Notary Public, State of FuDriaa Expiration: ,- Notary Public, State of Florfd. - - - My Commission Expires Nov. 16, 1990 - • OPTION TO PURCHASE REAL ESTATE 42 This Agreement made and entered into this /4- day of 663 by and between William A. Bull, Harcourt Bull III and Jane E. Bull hereinafter referred to as "Sellers" , and Haskell Realty Developers, Ltd. , a Florida limited partnership, and/or its assigns, hereinafte � referred to as "Buyer" . WITNESSETH: In consideration of and other good and valuable consideration by each party hereto paid to the other party, the receipt and sufficiency whereof are hereby acknowledged, and in further consideration of the mutual convenants and agreements hereinafter set forth, the parties hereto do hereby agree as follows : 1. PROPERTY OPTIONED OPTION (A) Sellers hereby grant to Buyer the right TERM • and option to purchase the Property (defined in EXERCISE Section (B) of this Article 1 ) . The initial option period shall consist of two hundred forty (240 ) days beginning as of the date hereof . Seller hereby further grants to Buyer the right to extend the initial option period by up to four (4 ) extension periods of ninety (90 ) days each. Buyer may exercise this Option by giving Seller notice of its election to do so at the address and in the manner provided for giving of notice hereunder • pursuant to Article 13 . DEFINITIONS . (B ) Those certain parcels of land situated in • Duval County, Florida, containing ' approximately 21 . 24 acres located in Atlantic Beach between .g;< �� Mayport Road and Selva Marina Drive which will be (421.& more particularly described in a survey and legal v rs �� Se4r�c�c description wiic 1 will be` completed no later than 41 11P 45 days from the signing of this document. And any improvements now thereon, and all right, title and interest of Sellers in and to any land lying in bed of any public way abutting said parcels of land, and in and to any award or payment made or to be made for damage thereto by reason of change of gradeof any street, 'and all easements, licenses and appurtenances thereto, are all hereinafter referred to as "the Property" . The option hereby granted is sometimes herein referred to as the "Option" . The "Title Document" is the Warranty Deed referred to in Article 2 hereof. The "Closing Documents" are the Title Document, and any consents, discharges, releases and other documents from other entities required so that Sellers may transfer and convey title to the Property as herein required and •all other documents required to be delivered at the Closing Time (defined in Article 5 hereof) by each party hereto. The "Option Payment" is the payment made by Buyer to Sellers pursuant to Article 4, Paragraphs A & B. 2. TITLE _ (A) If this Option shall be exercised by Buyer, as aforesaid, title to the Property shall be conveyed by warranty deed (herein referred to as "the Deed" ) which shall convey good and marketable title thereto, in fee simple, subject to no mortgages, easements , restrictions, leases , agreements, encroachments liens or encumbrances whatsoever. e Asa—'' o N 'fie. 46. liQnto:00- 1413"Z.. Ccs . • OPTION TO PURCHASE REAL ESTATE 6 This Agreement made and entered into this /. - day of �•!3 by and between William A. Bull, Harcourt Bull III and Jane E. Bull, f;rz hereinafter referred to as "Sellers" , and Haskell Realty Developers, Ltd. , a Florida limited partnership, and/or its assigns , hereinafte 11� referred to as "Buyer" . WITNESSET H: and other In consideration of andgood valuable consideration by each party hereto paid to the other party, the receipt and sufficiency whereof are hereby acknowledged, and in further consideration of the mutual convenants and agreements hereinafter set forth, the parties hereto do hereby agree as follows : 1 . PROPERTY OPTIONED OPTION (A) Sellers hereby grant to Buyer the right TERM and option to purchase the Property (defined in EXERCISE Section (B) of this Article 1 ) . The initial option period shall consist of two hundred forty ( 240 ) days beginning as of the date hereof . Seller hereby further grants to Buyer the right to extend the initial option period by up to four (4 ) extension periods of ninety (90 ) days each. Buyer may exercise this Option by giving Seller notice of its election to do so at the address and in the manner provided for giving of notice hereunder pursuant to Article 13 . DEFINITIONS (B ) Those certain parcels of land situated in Duval County, Florida, containing ' approximately 21 . 24 acres located in Atlantic Beach between Ngo! L(1)-' Mayport Road and Selva Marina Drive which will be 611A-&) /ers �cr c i i more particularly described in a survey and legal description wiic will be completed no later than 45 days from the signing of this document. And any improvements now thereon, and all right, title and interest of Sellers in and to any land lying in bed of any public way abutting said parcels of land, and in and to any award or payment made or to be made for damage thereto by reason of change of grade . of any street, and all easements, licenses and appurtenances thereto, are all hereinafter referred to as "the Property" . The option hereby granted is sometimes herein referred to as the "Option" . The "Title Document" is the Warranty Deed referred to in Article 2 hereof. The "Closing Documents" are the Title Document, and any consents, discharges, releases and other documents from other entities required so that Sellers may transfer and convey title to the Property as herein required and all other documents required to be delivered at the Closing Time (defined in Article 5 • hereof) by each party hereto. The "Option Payment" is the payment made by Buyer to Sellers pursuant to Article 4, Paragraphs A & B. 2. TITLE _ (A) If this Option shall be exercised by Buyer, as aforesaid, title to the Property shall be conveyed by warranty deed (herein referred to as "the Deed" ) which shall convey good and marketable title thereto, in fee simple, subject. to no mortgages , easements , restrictions, leases , agreements , encroachments liens or encumbrances whatsoever. O- e.- 4 44 I St. Ci real ENCUMBRANCES (B) After the date hereof Sellers shall not permit any mortgages, easements, restrictions , leases, agreements , encroachments, liens or encumbrances whatsoever upon the Property, except that Sellers may enter into a backup contract or agreement which is subordinate to this Agreement and will not result in an encumbrance upon the Property. 3 . GRANTEE The Grantee or Buyer named in the Title Document shall be Buyer, or such nominee or nominees ' of Buyer as Buyer shall designate by notice to Seller prior to the Closing Time. 4. OPTION AND PURCHASE PRICES (A) Initial Option Period. Concurrently with the execution and delivery of this instrument , Buyer has paid to Sellers the sum of the receipt and sufficiency whereof Sellers hereby acknowledge . The initial option period is for a period of two hundred forty (240 ) days . The first one hundred twenty ( 120 ) days thereof shall be called the "Investigation Period" . During said Investigation Period, Buyer shall have the right to perform such tests and investigations as further described in Article 7 .. Any time prior to the 474ex•ira ' . • ef the Investigation Period, Buyer may r'tmcluse44,. at its sole election notice pursuant to Article 13 �~ ! �y Gt�� hereof . In that event, Seller will refund the 11 I deposit paid at execution to Buyer and this Agreement and Option shall be void and of no t, further force or effect and neither party shall have any claim against the other. 4Y) Buyer will pay an additional option fee in the amount of on the one hundred twenty first day of the initial option period, for the remaining one hundred twenty (120 ) days of the initial option period, for a total option fee of for the initial option period. (B) Extension Periods . Buyer shall have the right hereunder to extend this Agreement and Option by four (4 ) additional ninety (90 ) day periods by giving proper notice prior to the expiration of the preceding period and the payment of additional option fee of for each ninety day period. All deposits and option fees paid will be • applied to the purchase price at closing. In the event the Buyer elects not to exercise this Option, then except as otherwise provided above in Paragraph 4 (A) and in Article 11 (B) , all sums paid to Sellers under this Article shall be retained by Sellers, and all obligations of the parties hereunder shall cease and this Agreement and this Option shall be void and of no further force or effect and neither party shall have any claim against the other. PURCHASE (C) If Buyer elects to exercise this Option, PRICE then Buyer shall pay Sellers , as the agreed pOrchase price hereunder for the Property, the sum of or an acre (herein referred to as the "Purchase Price" ) , payable at closing net of deposits and Option Payments paid to Sellers . In -2- the event that the Buyer elects a closing date after the initial option period of two hundred forty (240 ) days beginning as of the date hereof, then the purchase price shall be increased by the sum of per day for each day that the closing occurs after the 240th day. The 241st day shall be considered as the commencing date, and the closing date shall be considered as the last day in computing the number of days. 5 . CLOSING TIME (A) If Buyer shall elect to exercise this Option, then closing of the transaction herein described and sale of the Property to Buyer pursuant hereto, including, without limitation, delivery of all fully executed Closing Time, and full payment of the balance , shall be at 10 : 00 a .m. , on the date therefore designated by Buyer by notice to Sellers (which may be contained in the notice of exercise of this Option or in a separate notice) and which shall be twenty (20 ) days after the giving of such notice of exercise of this Option or in a separate notice (herein referred to as "the Closing Time" ) . Sellers shall have the right to postpone the Closing Time pursuant to Article 11 (A) of this Agreement. LOCATION (B) Such closing of this transaction shall take place at the offices of the Buyer at Jacksonville , Florida, or such closing may take place at such other time and/or location as Sellers and Buyer may hereafter, at their mutual election, agree upon in writing. 6 . DELIVERY POSSESSION, (A) At the Closing Time, Sellers shall deliver CONDITION full possession of the Property to Buyer, free of all tenants and occupants, with the same utilities services, ingresses and egresses, if any, as existed, and in the same condition the Property was in, on the date hereof. Between the date hereof and the Closing Time, Sellers shall not violate any laws, ordinances, codes or regulations or any other requirements of public authorities having jurisdiction with respect to the Property TITLE (B) ' c - --�� INSURANCE - tie-Sellers shall deliver to the buyer at Seller ' s expense an abstract of title prepared k"`e. or brought current by a reputable and existing 601' abstract firm purporting to be an accurate synopsis � ' of the instruments affecting the title to subject Property recorded in the public records of the County wherein the Property is situated. Five (5 ) days prior to the Closing Time, Sellers shall deliver to Buyer affidavits, security or indemnities which shall be acceptable to Buyer' s title insurance company for purposes of deleting from the ALTA Form B Owner ' s Policy of Title Insurance, to be issued to Buyer with respect to the Property in the amount of the Purchase Price, the standard exceptions of such title insurance company for claims of parties-in-possession, unrecorded leases and mechanics ' liens, except for mechanics' liens for costs, expenses and services incurred by Buyer. -3- (C ) Sellers shall deliver to Buyer for examination, at least thirty (30 ) days prior to the Closing Time , a complete copy of the unexecuted Deed and other closing documents, pursuant to which Seller shall convey to Buyer the Property. 7 . INVESTIGATION PERIOD ACCESS (A) At any time after the execution and delivery of this Agreement by all parties hereto (herein referred to as "the Execution Date" ) , Buyer shall have the right to enter upon the Property to inspect the Property and make studies and tests thereof, including, without limitation, borings and soil tests, and studies of the adequacy of utilities, drainage, sewerage and ingress and egress, such rights to expire on the later of the expiration or termination of this Option or the Closing Time. Buyer shall have no obligation or responsibility to restore the Property to its former condition notwithstanding any such borings , surveys or other tests, studies or acts . If Buyer shall determine, in its sole discretion, that the Property is not suitable or desirable for the purposes intended by Buyer then Buyer, at its election, may give notice thereof to Sellers on or before one hundred twenty days ( 120 ) from the Execution Date, and this Agreement and this Option shall thereupon terminate. Buyer shall provide Sellers with a liability policy in the amount of insuring Sellers from any claims by any third parties arising from the activities described in this paragraph . Buyer shall , in addition to providing an insurance policy, hold Sellers harmless from any claims by any third parties . PERMITS (B) (1 ) At any time after the Execution Date, Buyer shall have the right to submit requests and applications for, and obtain, approvals of all such development plans and ingresses , egresses , stop signs, turning lanes, sewers, utilities, filling, building permits and other legal licenses , approvals and permits as Buyer shall deem necessary or desirable, in its sole descretion , for the development of the Property, all at Buyer' s sole cost and expense . Sellers agree to cooperate with Buyer in all such proceedings, actions and applications with respect to any of the Permits , furnishings, at Buyer' s request, all such information in connection therewith as Sellers may have; and Sellers agree that the same may be conducted or submitted in the name of Buyer or Sellers . (2 ) If Buyer shall determine , in its sole discretion, that zoning or any other applicable laws , ordinances and regulations do not permit construction upon or use of the Property for the purposes intended by Buyer, or that any of the Permits necessary or desirable therefore have not been unconditionally obtained, with the expiration of all appeal periods applicable thereto (and no such appeals having been determined in Buyer' s sole discretion) , then Buyer, at its election may give notice thereof to Sellers on or before one hundred twenty days (120 ) from the execution date, and this Agreement shall thereupon terminate. However, nothing contained in Article 7 shall be deemed to constitute conditions or contingencies of this • -4- t� �� cz, � Agreement beyond the initial 120 day period. TERMINATION (C) Upon the giving of notice by Buyer to Sellers of its election to terminate this Agreement and this Option on or before one hundred twenty ( 120 ) days from the execution date, Sellers shall forthwith refund the Deposit to Buyer and all obligations of the parties hereunder shall cease and this Agreement and this Option shall be void and of no futher force or effect and neither party shall have any claim against the other. Failure of Buyer to give notices on or before one hundred twenty (120 ) days from the execution date, shall be deemed to be conclusive evidence that all conditions of such Articles have either been satisfied to the satisfaction of Buyer or waived by Buyer to Sellers . 8. RELATED TRANSACTIONS There are no related transactions . 9. SURVIVAL All representation and warranties of the Seller shall survive the Closing. 10. BROKERS Each of Buyer and Sellers warrants and represents to the other that the only broker it has gr a dealt with in connection with this transaction is // The Haskell Compan . -h •e 'n , \ J • emdif and h• rs -s .0 an a• . i . t t,A e'��`'� Irto i n - p- I es o , sa ok SQp,�e - cl. ms thy_ •r- , n .Li ec i.n wi , hi - el - t an ever, . spyct �. a tle -ra, sa. ti•n i •nte . e. . Se 1-rs agree to pay a commission to Tle laskell Company in the total amount of payable at Closing. Each . party hereby warrants and represents to the other party that it has dealt with no other brokers in connection with this Agreement or any aspect of the transaction herein contemplated and that it will indemnify the other party against, and save the other party harmless from, all commissions, fees and other costs, and claims therefore, by any other broker who shall allege such broker has dealt with the indemnitor hereunder in connection with the transaction herein contemplated. 11 . NON-CONFORMANCE DEFECTS (A) If Sellers shall be unable to convey title to , or deliver possession of, the Property, as • required by this Agreement, then Sellers shall use reasonable efforts to remove any defects in title to the Property, or to deliver possession as provided herein, in which event Sellers shall give written notice thereof to Buyer at or before the Closing Time and thereupon the Closing Time shall be extended for a period of up to thirty (30 ) days . As used in this Section (A) , "reasonable efforts" shall not be deemed to include the commecement of any litigation or the payment of more than to remove any -5- 1 " • • unliquidated defect or claim (a mechanic ' s lien and a mortgage each shall be considered as examples of a liquidated defect or claim) . CORRECTIONS ( B) If , at the expiration of the Closing Time as determined above or pursuant to the following provisions of this Section ( 0) , Sellers shall have failed to remove any defects in title to the Property, deliver possession, then, except as otherwise provided in this Section and in Section ,E,,;j (C ) below, at Buyer' s election, the Deposit shall -17 �: be forthwith refunded ; 'h i er-it . t the' an iu Og\nlJ-' - o .. ten • -rc• 10% , an • e e � al. • y • � g: . ye . n : rno. - iva t• . os nc ed •• ar' rct ' al - . - e •t ; •u 9 . Do ars $5, tot an .r a • , //0 .ry an re ••n' lg, in •on - i ' on 4oy .n. For e P•` it n. - •di., ws i . • d Do lars ( $ '0, 0t0 ) and all other o• iga ions O - al parties hereto shall cease and this Agreement shall be void and of no further �J force or effect and neither party shall have any t4Cclaim against the other. If at the expiration of PP such thirty-day period Sellers shall not have cured k�s S all such failures, then Buyer shall have the right .•► d e ast•etase. one or more occasions to postpone the Closing Time up • an aggregate additional sixty (60 ) days • and Buyer . shall have the right, but not the obligation, during such period of u• to sixty (60 ) 7 Y� // da s to c re such failures at1 .. V rge c s o c in•V s. _ a•' Yns t ' • e ' r . t • may •ot ex•:nd .rc t , o nd •� l o � 0, .00 o . th• P r Pwi re •ec . • a •/ .liqu. dated - fec • s d=in d S_c. ' o Ankrtilid& 11 Any defect In tit e s all be deeme cure , a Buyer ' s election, if the title insurance company which issued the title commitment for the policy of title insurance sh 11 agree to -9,11 055 .? insure against such defect . ch . : m• .it f r ' •r a -m' a' o'�t . i ` . nc • she b: 7 • . - ��' 1er :nd -ha r b- dei d ' 'am • e • r P . A 'AIVER (C ) Notwithstanding Seller' s failure to give title or to deliver possession, as aforesaid, Buyer shall have the right, at any time during any period during which the Closing Time shall be extended or postponed, to take title to the Property subject to then existing defects in title and in their then condition, as the case may be. If Buyer exercises its election to take title and possession , as aforesaid , the Deed and other Closing Documents shall be forthwith delivered. USE OF (D) To enable Sellers to make conveyance as PURCHASE herein provided, Sellers may, at the Closing Time, PRICE use the Purchase Price or any portion thereof to f clear title of any or all encumbrances or interests, provided that all instruments so procured are recorded simultaneously with the recording of the Deed. DEPOSIT (E) If at least three (3 ) days prior to the Closing Time Buyer shall give notice to Sellers that Buyer shall not consummate the purchase of the Property, or if Buyer shall otherwise fail to fulfill Buyer' s agreements herein, the Option Payments and Deposit theretofore payable hereunder by Buyer shall be retained by Seller as full liquidated damages and all other obligations of the parties hereto shall cease and this Agreement shall -6- L be void and of no further force or effect and f, neither party shall have any claim against the �� v other. . I. 0. 12. ADJUSTMENTS ihX OPERATIONS (A) Taxes for the year in which the closing occurs shall be adjusted as of the ,W Y` and the net amount thereof shall be added to or if deducted, as the case may be , from the amount payable by Buyer to Sellers at the C;o n ime.Taxes assessed for the tax year 1985 and aanny'prio 100 year, whenever due and payable, shall be paid by Sellers . POST- (B) If the amount of said taxes is not known CLOSING at the Closing Time, such amount shall be apportioned on the basis of the taxes assessed for the previous tax year, with a reapportionment as soon as the new tax rate and valuation can be ascertained; and , if the taxes which are to be apportioned shall thereafter be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the same , shall be apportioned between Sellers and Buyer , provided that neither party hereto shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. TAXES (C) Sellers shall pay the cost of the documentary stamps to be attached to the Warranty deed. Sellers shall pay the cost of recording any corrective instruments . Buyer shall pay for the recording of the Warranty Deed. Buyer shall pay or assume to pay any assessments, improvement liens, impact fees assessed or levied by any governmental agency after the date of this Agreement. TITLE (D) Buyer shall pay the premium for any title PREMIUM insurance it desires to purchase. 13 . NOTICES All notices and other communications pursuant hereto shall be deemed to have been given only upon the mailing thereof, postage prepaid, by registered or certified mail, return receipt requested, or by Federal Express, or similar overnight courier, which delivers only against signed receipt by the adressee thereof, to each party at the addresses, and with the duplicate copies , hereinafter provided or at such alternate address as shall be designated by like notice: • if given to Sellers, 321 Atlantic Boulevard Atlantic Beach, Florida 32233 Attention: Mr . William A. Bull • if given to Buyer, 720 Gilmore Street, Jacksonville, Florida 32204 Attention: Mr. Christopher S . Park 14. MISCELLANEOUS CHOICE (A) This Agreement shall be construed in OF LAW accordance with the laws of Florida . AMENDMENT (B) This Agreement sets forth the entire understanding and agreement of the parties . This Agreement shall notbe changed except by an instrument in writing signed by both parties -7- • hereto. Any of the provisions of this Agreement may be waived but only by an instrument in writing signed by the party who desires to waive such provisions . SUCCESSORS (C) This Agreement shall be binding upon and shall enure to the benefit of each of the parties hereto and their respective heirs, successors and assigns . COUNTERPARTS (D) This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall • become effective when one or more counterparts has been signed by each of the parties and delivered to the other parties . CAPTIONS (E) The captions and marginal notes used herein are included only for ease of reference and shall have no meaning whatsoever in the construction of this Agreement. (F) If this Agreement is recorded in the publid records of Duval County, Florida by Buyer, or its agent, this Agreement shall be voidable by Sellers at its election. VOTES (G ) Sellers shall, at the Closing Time, deliver to Buyer evidence of the authority of Sellers to consummate this transaction as Buyer shall reasonably request on or before the seventh (7th) day prior to the Closing Time. (ii) Sellers shall deliver to Buyer at the Closing Time such evidence as shall be required thereby for purposes of deleting from its policy of title . insurance issued to Buyer covering the Property all notations or exceptions relating to dower, courtesy and homestead exemption. (I ) In connection with any litigation including appellate proceedings arising out of this Agreement, the prevailing party shall be entitled • to recover reasonable attorney' s fees and costs . • IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement, all as of the day and year first above written. WITNESSES AS TO BOTH: • /WIZ BY: :76 William A. Bull kanCt/tob • TOC(Age/C BY: �sA Harcourt Bull III • 16/11 By: /`r 773-7 n E. Bull WITNESSES AS TO BOTH: . _ HASK . E LTY DFVELOPERS, LTD. C-/ // 1-6/(k / By: & A. • C. E D S Rei& ' • - 'I Or • Attor 1•y-in-Fact • ,� • Preston H. Haskell, its S 'le General Partner SECOND AMENDMENT TO OPTION TO PURCHASE REAL ESTATE This Second Amendment is made as of the /0',1 day of thiLA 1987, between William A. Bull , Harcourt Bull , III and Jane E. Bull , hereinafter referred to as "Seller" , and Haskell Realty Developers, Ltd. , a Florida limited partnership and/or its as- signs, hereinafter referred to as "Buyer" . Seller and Buyer entered into an Option To Purchase Real Estate dated February 14 , 1986 , as amended by that First Amendment to Option to Purchase Real Estate dated June 13 , 1986 (collec- tively "the Option Agreement" ) . The Buyer and Seller desire to amend certain provisions of the Option Agreement. NOW THEREFORE, in consideration of these premises, in hand paid each to the other and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows : 1 . Paragraph 4 (B) of the Option Agreement is amended to read in its entirety as follows : 4 . Option and Purchase Prices (B) Extension Periods . Buyer shall have the right hereunder to extend this Option Agreement by four ( 4 ) additional ninety ( 90 ) day periods commencing on the ex- piration of the preceding period by giving proper notice prior to the expiration of the preceding period and the payment of an additional option fee of for each ninety day period. The expiration dates of the third and fourth additional periods are agreed to be July 9 and October 7, 1987. Buyer shall also have the right hereunder to extend this Option Agreement by four ( 4 ) additional ninety ( 90 ) day periods following the four ( 4 ) additional ninety ( 90 ) day periods described above by giving notice prior to the expiration of the preceding period and the payment of an additional option fee of for each additional ninety ( 90 ) day period. The expiration dates of these four additional periods are agreed to be January 5, April 4 , July 5 and October 3, 1988 . All deposits and option fees paid will be ap- plied to the purchase price at closing . In the event the Buyer elects not to exercise this Option, then ex- cept as otherwise provided in Paragraph 11 (B) of the Option Agreement, all sums paid to Seller under this Article shall be non-refundable and retained by Seller, and all obligations of the parties hereunder shall cease and this Agreement and this Option shall be void and of no further force or effect and neither party shall have any claim against the other. 2 . Paragraph 4 (C) of the Option Agreement is amended by adding the following: It is agreed that the purchase price, as increased by the aforesaid rate of per day, will be as of October 7, 1987 . If Buyer should elect to extend the Option Agreement beyond October 7, 1987, then, in lieu of the aforesaid per day increase, the pur- chase price shall be increased by per day for each day that the closing occurs after October 7, 1987 . October 8, 1987 shall be considered as the commencing date, and the closing date shall be considered as the last day in computing the number of days . 3 . Paragraph 12 (A) of the Option Agreement is amended to read in its entirety as follows : 12 Adjustments (A) Commencing October 8, 1987, and continuing for the duration of this Option, Buyer shall be responsible for payment of the ad valorem real estate taxes assessed against the Property for the period following that date . Upon receipt of the 1987 ad valorem tax statement for the Property, Seller shall promptly provide a copy to Buyer. If Buyer shall set a closing date prior to December 31, 1987, then the 1987 real estate taxes shall be prorated on the closing statement as of October 8, 1987 . If the closing date does not occur prior to December 31, 1987, then prior to that date Buyer shall reimburse Seller for the taxes allocable to the period from October 8 to December 31, 1987 based on the amount payable during December 1987, and the Buyer will be charged on the closing statement for all ad valorem real estate taxes accruing from January 1, 1987 through the closing date. 4 . Except as amended herein, the Option to Purchase Real Estate has not been otherwise amended and remains in full force and effect. IN WITNESS wJ r'eof, the parties hereto set their hands and seals as of the n/ `Iday of 1987. Signed, sealed and delivered SELLER: • in the presence of: William A. ull r .1A•sat I Harcourt Bull II As to Seller Ja 1 E. Bull • BUYER: Haske Realty Developers, L By: "I ��/ . W• L : rd Vand-rs War '�_ ' L �� as iigre n - '"_ ' act s o Bu er es H. Haskell , its ole General Partner FIRST AMENDMENT TO OPTION TO PURCHASE REAL ESTATE This first amendment made and executed as, of the 13th day of June, 1986, between William A. Bull, Harcourt Bull, III and Jane E. Bull, hereinafter referred to as "Seller" , and Haskell Realty Developers, Ltd. , a Florida Limited Partnership and/or its assigns, hereinafter referred to as "Buyer" . RECITALS : (1) Seller and Buyer entered into a certain option to purchase real estate dated February 14 , 1986, copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein ( "the Option" ) . (2) The Buyer and Seller desire to modify and amend certain provisions of the option relating to the timing of certain opera- tive paragraphs . Now therefore, in consideration of these premises, in hand paid each to the other and other good and payable con- siderations, the receipt and sufficiency of which is .hereby acknowledged, the parties hereto agree as follows : 1. Amend Paragraph 4 . (A) to read: 4 . OPTION AND PURCHASE PRICES (A) Initial Option Period. Concurrently with the execu- tion and delivery of this instrument, Buyer has paid to Seller the sum of , the receipt and sufficiency whereof Seller hereby acknowledges . The initial option period is for a period of two hundred forty ( 240) days . The first two hundred ten (210) days thereof shall be called the "Investigation Period" . During said Investigation Period, Buyer shall have the right to perform such tests and investigations as further , described in Article 7 . Any time prior to the expiration of the Investigation Period, Buyer may at its sole election give notice pursuant to Article 13 hereof . In that event, Seller will refund the deposit paid at execution to Buyer and this Agreement and Option shall be void and of no further force or effect and neither party shall have any claim against the other . Buyer will pay an additional option fee in the amount of on or before the one hundred twentieth day of the initial (120 ) days of the initial option period, for a total option fee of for the initial option period. • `I" 2 . All other provisions of the option will remain in force with the exception of the change to paragraph 4 . (A) enumerated above . In witness whereof , the parties hereto set their hands and seals as of the / day of June, 1986 . Signed, sealed and delivered in the presence of : WITNESS Seller • William A. Bul (?(L/LL;,,),,,,) L Harcourt Bull , III As to Sel r . , e E . Bul B =r REALTY 0 .IPE S, L 0 . . i a .' an.e .ri Attor ey-in- Fa fo • - on H . Ha kell, it- Sole General Partner • As to Buyers • • • -2- . 2- ,�}, . , - sem. ty % LIP - ro r1WANt1A\ . '. •OFF1Cl,4L RECORDS'. . CORRECTIVE • �Id arrant Bred • . . .- •:r THIS INDENTURE, Made this 31 day of January , A.D. 19 86 BETWEEN HARCOURT BULL, III , WILLIAM A. BULL and JANE E. BULL, his wife of the County of Duval , State of Florida , part ies of the first part, and . JOHN W. SH£A, FRED A. ADAMS and A. FRED ADAMS, whose address is 200 Shell1..oint West, Maitland, Florida 32751 of the County of Duval , State of Florida , part P les of the second part, WITNESSETH: That the said part ies of the first part, for and in consideration of the sum of Ten and No/100 ($10 . 00) Dollars, to them in hand paid by the said part ies of the second part, the receipt whereof is hereby acknow- ledged, has hereby granted, bargained and sold to the said part ies of the second part, their heirs and assigns forever, the following described land, situate, lying and being in the County of Duval , State of Florida, to wit: 5 As described on Exhibit "A" attached hereto and made a part hereof. a a subject to covenants, restrictions and easements of record, this - y preference to which shall not operate to reimpose the same, and taxes M Y -, < accruing subsequent to December 31, 1984 . > 3 C a r o cee° ' 2-The above described property is vacant land and is not the homestead - W Z ~ -property of the grantors. M 20 = - w S Q O Z ¢ W W . ° - U W =THIS CORRECITVE WARRANTY DEED IS BEING RECORDED TO CORRECT A TYPO- z .xw O p n ;,' mx o = oGRAPHICAL ERROR IN THE LEGAL DESCRIPTION OF THE EASEMENT PARCEL a N ;MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" . TN 55)4, - /O 9.3 L CO CO N S C c r'C C_ • • And the said parties of the first part do hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said part ies of the first part have hereunto set their hand S and .-y-. seals the day and year first abgve written. :.. SIGNED AN ,FACED OI R AESENCE: /� �� `:• - fy , . „ ., .<.. -`...) ,,,, URT BULL, III, by William A. Bull) Attorney-in-fact (SEAL) T f %�� W <&'11A-;1".1//_,,z...,1-4KI.,) IL IAM A. BULL Jy �Y. � r - -- Cr�P21_ - =- - --- - (SEAL) . E. BULL, by William A. Bull STATE OF FLORIDA torney-in-fact ss. COUNTY OF DUVAL Before me personally appeared WILLIAM A. Bim,- both individually and as Attorney-in-fact >alair HARCOURT BULL, III and JANE E. BULL - ,i { , to me well known and known to me to be the individual__ described in and who executed the foregoing instrument, and acknowledged to and before me that he executed the same for the purposes therein expressed. -� WITNESS my hand and official seal this 1 day of January 19.13_6, at Jacksonville , County and State, of 'esaid. Notary Public in and for the ounty and State Aforesaid. My commission expires: r gr I - ,��;J S i,) 'OFFICIAL RECORDS'. !krilb(T A • A pair, '.( .;A:tl,)n 8, Townahi,, 2 Sjuth, Range. 29 Fast , r)uval ::only, Florida, ant bein7 more (>�rt : Nealy described a, • follows' For • point of refer-nce cormance at the Northwest ger of Fairway villa• as re:orled ,n Plat boos 39, Pages 22• and 22A, of the curr.nt p.lblic records of said County; thence North 01'42 ' 10' West along the Easterly right of way line of w.'ypurt Road (State Road A-1•-A, a 100-foot right of way), a distance of 833.53 feet to the point of beginning; thence continua North 01'42'10' Nest aloe.,, said right of way line, a distance of 533.71 feet the point of curva- ture of a curve concave to the East and Having • radius of 5679.58 feet; thonca Northerly along the arc of said curve and said right of way line, a distance of 216.27 feet inking a central angle of 02'10'54', having a chord bearing of North 00'36'43• west and a chord distance of 216.26 feet; i. thence North 88'17'50' East, a distance of 804 .51 feet; thence South 19'51'47• East, a distance of 420.12 feet; thence South 09'14 '17• East, • distance of 353.18 feet, • thence South 88'17'50• west, a distance of 979.77 feet to the point of beginning. Containing 15.73 acres more or less. Subject to an easement for ingress and egress reserved unto the grantors their successors and assigns in perpetuity, over the following described property, 60 Foot Easement: • A part of Section 8, Township 2 South, Range 29 Last, Duval County, Florida, and being more particularly described as follows, Pot a point of reference commence at the Northwest 1 corner of Fairway Villas as recorded in Plat book 39, Pages ' 22 and 22A of the current public records of said county; thence North 01'42 '10• West along the Easterly right of way line of Nayport Road (State Road A-1-A, a 100 foot right of way), a distance of /340.37 feet to the point of curvature t of a curve concave to the East and having • radius of 5679.58 feet; thence Northerly along the arc of said curve A and said right of way line, a distance of 216.27 feet, :1. nuking a central angle of 02'10'51•, having a chord bearing of North 00.36'43' West and a chord distance of 216.26 feet; thence North 88'17'50• East, a distance of 498.78 feet to the point of beginning; thence continue North 88'17'50• East, a distance of 62.44 feet; thence South 17'46'03• 6-,at, a distance of 780.48 feet; thence South . .:y 88'17'50' West, a distance o: 62.44 feet; thence North Y 17646'03' vest, a distance of 780.48 feet Lo the point of beginning. The grantors and grantee• of the above described easement ' •j hereby agree that the location of said easement may be chang- 'd bymutual a raeaent of the 7 parties; provided, however, that the grantors are not unduly burdened by said change in location. 4 . ( f �- 1 '2,994 EB I : ? �N . F ..V '-i I STATE OF FLORIDA COUNTY OF DUVAL HENRY `',''r. r'a I, , Clerk of the Circuit Court, Duval County, Florida, do hereby certify that the foregoing is a true and correct photostatic copy of the record of a certain instrument as the same appears recorded in OFFICIAL RECORDS VOL. 6085 lX at Page 872 of the Public Records of Duval County, Florida. Witness my hand and seal of office at Jacksonville, Florida, this the 16th day of JUNE A. D. 19 88 Cif''' • E!!'39 it kk , Court _ '• � By ,�1� OUNT4, ill, 9( \9-, Deputy Clerk � PS-1011 -- -- 'ui 5jf) v 5 ru 676 SPECIAL WARRANTY DEED 611ICIAL i%ECCROS THIS DEED made on May J 3l', 198i , by HARCOURT BULL, III, WILLIAM A. BULL and JANE E. BULL, his wife, conveying their nonhomestead property, Grantors, to CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation, 716 Ocean D Boulevard, Atlantic Beach, Florida 32233 . Grantors hold in joint tenancy that real property locat- ed in the County of Du•"al , State of Florida , and more parti- i cularly described on Exhibit A attached hereto. 7 Grantors, in consideration of One Dol�.ar ($1 . 00 ) paid _ by grantee, grant and convey to grantee all of the above described property together with all of the estate and rights of grantors in such property . wCJ Grantors .covenant as follows: 1. That the pr.emses are free from all encumbrances made by grantors; and 2 . That grantors will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under them, but against none other. • 3. The property described on Exhibit A attached hereto is deeded to the City of Atlantic Beach for the sole purpose r n 71 1 of utilizing said property as a public right of way for D roads, public utilities, walkways, drainage facilities and J • f° other related municipal improvements . n rn 0 aw • rD �• CO o D 1' 4 . In the event that the property is not used solely m () -I °.rt and perpetually for the above stated municipal purposes, D M ao then the land and any structures thereon shall revert to n z = zz y grantors, their heirs or assigns, and grantee, its succes- -i c sors or assigns shall forfeit all rights thereto. r m n r r n D W .. IN WITNESS WHEREOF, grantors have executed this deed W • D n on the date fir - above written. N n ft/7V/ q W n HARCOURT BULL, II , by WILLIAM 4.a A. BULL with Power of Attorney ; -/-/- ‹. /7---7L---/'----- -4- -. ./-, --' • ,:, STATE OF FLORIDA ' WILL AM A. BULL DOCUMENTARY ;;;„ STAMP TAXI ' 7 D. . z v DEPT.Of REVENUE/ /,;r ., I . /.. r 4 5 I (1,/.,,,---/--z-2,,,.- ---' '---- eNJ = P8. MAY `�. JANE E. BULL, by WILLIAM A. U, =11029 .\----_-...'.-• BULL with Power of Attorney \\ STATE OF FLORIDA • COUNTY OF DUVAL Before me, the undersigned authority, personally appear , --..!: - ed WILLIAM A. BULL, individually and with Power of Attorney for HARCOURT BULL, III and JANE E. BULL, who, being first duly sworn, acknowledged to and before me that he executed the foregoing instrument freely and voluntarily and for the purposes expressed therein. WITNESS my hand and seal this , ',' - day of May, 1985 . . : i r, NOTARY PUBLIC 4` . .. 1 A PART OF SECTION 8 , TOWNSHIP 2 SOUTH, RA":JE 29 EA!-7T, nHVAT. COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : FOR A POINT OF REFER-.NCE COMMENCE AT THE NOR'THWE:;T CORNER c)F FAIRWAY ( O n, VILLAS AS RECORDED IN PLAT W)OK 39 , !'AGES ,'.7. AND 22A OF THE CURRENT:2 PUBLIC RECORDS OF' SAID COUNTY; THENCE NORTH 01 ° 42 ' 10" WEST ALONG n THE EASTERLY RIGHT OF WAY LINE OF MAYPOR'T ROAD ( STATE ROAD A-1-A, A 100 FOOT RIGHT OF WAY ) , A DISTANCE OF 1367 . 31 FEET TOr THE POINT OF CURVATURE Or A CURVE CONCAVE TO THE ':AST AND HAVING i ; A RADIUS OF 5679 . 58 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID cm CURVE AND SAID RIGHT' O!' WAY LINE, A DISTANCE OF 216 . 27 FEET, p MAKING A CENTRAL ANGLE OF 02 ' 10 ' 54 " , HAVING A CHORD BEARING OF o ... NORTH 00° 36 ' 43" WEST AND A CHORD DISTANCE OF 216 . 26 FEET TO THE ► cn POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE, A DISTANCE OF 60 . 06 FEET, MAKING A CENTRAL ANGLE OF 00° 36 ' 21" HAVING A CHORD BEARING OF NORTH 00°46 ' 40" EAST AND A CHORD DISTANCE OF 60 . 06 FEET; THENCE NORTH 88° 17 ' 50" EAST, A DISTANCE OF 558 . 62 FEET; THENCE SOUTH 0i°42 ' 10" EAST, A DISTANCE OF 60 .00 FEET; THENCE SOUTH 88° 17 ' 50" WEST, A DISTANCE OF 561 . 22 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" 1 '0;Ay ' i t 17 85 STATE OF FLORIDA COUNTY OF DUVAL HENW W. ;:1 ', , I, 4111111MOMMOINMININNINIC, Clerk of the Circuit Court, Duval County, Florida, do hereby certify that the foregoing is a true and correct photostatic copy of the record of a certain instrument as the same appears recorded in OFFICIAL RECORDS VOL. 5965 lir at Page676 of the Public Records of Duval County, Florida. Witness my hand and seal of office at Jacksonville, Florida, this the 16th day of JUNE A. D. 19 88 tr.....j aiiiiiimommumismip x tf. 1 O .•• �G.• 4pkiripiCourt r1111L��•. `� ;�4�pQ� Deputy Clerk ,\\\ Cour. -"' .. PS-1011 • • • • a' • ill arrantg ElPPbv , t THIS INDENTURE, made this 9th day of December le 81 between 'r' ``. � Vat. 5463 ;c 29 w ' � BRENDA P. BULL, married, '1CF$CIAL RECOot'' "'.. hereinafter called the grantor, which term shall include, wherever the context permits or requires, singular or 'i ' I ' plural, heirs, personal representatives, successors or assigns, and :. it GEORGE A. HELOW, as trustee, •.` w • post-office address, 5834 Old Kings Road South, Jacksonville, Florida 32217 t ..,`• ' permits or requires, singular or i ; hereinafter called the grantee, which term shall include, wherever the context so ,�; ` , plural, heirs, personal representatives, successors or assigns, „. • j, 1WITNESSETH, That the said grantor for and in consideration of the sum of One Dollar, lawful money • of the1 .. United States of America, and other valuable consideration to the grantor in hand paid by the grantee, ? at or before the evealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, ",.. bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents does hereby grant, '..:3.."-'1.t.- bargain, M_bargain, sell, alien, remise, release, convey and confirm unto the said grantee forever all of that certain property situate, lying and being in the County of Duval State of Florida, described as follows: . .;t r. � A partof Government Lots 1 and 8, Township 2 South, + Range 29 East, Duval County, Florida, more particu- , ; : Wo la.rly described in Exhibit A attached hereto and by ` '`' N , a this reference made a part hereof. :r :, c.a a til---- ---- .0`; - — �r e m HI ',:: •r-• DOCUMENTARY/✓•�„STAMP TAXI „ STATE OF FLORIDA I ;. �\ `” l EPI.—t7f REVENUE ""4a'' I N DO_C_UM_ ENTARY -;—:- STAMP TAXI } c :i , UEPT.Uf fiEVENUE/i y 0- .S i,.r _ = DECI I.11 1;71...,- ..i,1'� 9 9 O. 0 0 I ' : _ _ - =h{1 ) n O 1 :r. =N K . 1• =111146 -� I "" = P.D.= DEC I I'll •,.-. t _ O. 0 I • y,J'``i}-c' F.,3 : I. 0 0 =11446 U r ;^1r.f.::::' '''' .$' • TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances, unto the said '. k' grantee in fee simple. '•' And the said grantor does hereby fully warrant the title to said above granted and described property and '`,t\., will warrant and defend the same against the lawful claims of all persons whomsoever. ., ' This conveyance is subject to ad valorem taxes levied or which may become a lien subsequent to the 31st •r+,,' day of December of the calendar year next preceding the date hereof. a ., IN WITNESS WHEREOF, the grantor has executed this deed under seal,the day and year first above written. .1-r''' Signed,sealed and delivered in the presence of: • �' —.....—.......----- ) )Zffaikili.1 � -Ltit • 4 (SEAL) .7.' Brenda P. Bull -''` _ t J1 •-1' 11(-( �3� • x STATE OF FLORIDA • •' :e- • • COUNTY or DUVAL4' I .� ,,,',4,. i ' I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County afore- ;" " said to take acknowledgments, personally appeared Brenda P. Bull, unmarried, A ` Ql.i to me known to be the person described in and who executed the foregoing deed, and she "` acknowledged to and before me that she executed the same. '., . WITNESS my hand and official seal in said County and State this t.. . De ember 1981 2/ �� , tom. PLEASE RETURN TO .) 410 �?(X /'� (2 :r'-: KENT, WATTS, DURDEN, KENT & MICKLER Ni Florida National Bank Building �, and State aforesaid P. O. BOX 4700 e Pibe 1(l -' �i , • • Jacksonville, Florida 32201. (N. al Sea Pio d a SOF f(OAIDA }•' t Jual.tr, watts, Clarks mall Hamilton i 1•: .. .. wale t :'. ''i- ,• - ..... - et. ... • - ....... .'.,. n .;•, .s�'.�.,.• . • i • titiONI •41; 4"14;'461.•c 1 :t isi M44011.401440141 /441*ro;iflai"°F '+ua-Yt,*"7'";0 I i tA,---„In•)..v,tP , . • a ' VOL 5 463 ic 30 i EXHIBIT A OFFICIAL RECORDr A part of Government Lots 1 and 8, Section 8, Township 2 South, Range 29 East, Duval County, Florida, more particu- larly described as follows: Commence at the Southwest corner of Lot 26 , Selva Marina, Unit No. 10-C, Plat Book 37, page 40, said Southwesterly corner lying in the Northeasterly right of way line of Selva ,' Marina Drive (Formerly old Sherry Drive) as established for ' a width of 100 feet; thence North 16° 24 ' 46” West, along said Northeasterly right of way line, 50.85 feet; thence South 73° 35' 14" West, 100 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive (said intersection being the point of curve of a curve ` concave Easterly and having a radius of 2914 .79 feet) for the Point of Beginning; thence North along the arc of said curve and along said Southwesterly right of way line, an arc distance of 640.66 feet to the point of tangency of said curve, said curve having a chord bearing and distance of North 10° 06 ' 58" West, 639. 37 feet; thence North 03° 49' 10" West, along the Westerly right of way line of said Selva t Marina Drive 892.51 feet; thence South 86° 10' 50" West, ' 751. 37 feet to an intersection with the Westerly line of . said Government Lot 1; thence South 00° 51' 14" East, along the Westerly line of Government Lot 1 and Government Lot 8, 1590.72 feet to an intersection with the Northerly line of _ • lands described in Official Records Volume 3500, page 1029; thence North 89° 58' 50" East, along said Northerly line, .., ` 933. 19 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive; thence North 16° 24' ., 46" West, along said Southwesterly right of way line, 125.43s, " feet to the Point of Beginning. , Said land iS unimproved and does not constitute the home- 4 stead or grantor or any other person. • f..,,; 5-. . t;.1 .' '''e. A; ' A; _., �yal r'4, • • ^ . ti. mi 81-' 8°O DEC I 1 11 22 Aliey ��,, tF fi4�r. F0.Ef1�f;9 RC COf,DED W Pl�ll6 y'` IECOFDS ni O'JY1L COLL'�if,FIA ,•`,... sa;x.~1..4.44:4: ,' 4 ,JAB nr itll(Wfa6 ' • .t4. ,. :R 1,04 :N. • )P .1is�rn4.1r04 'S•IPP"44.Sal' =: }•i'4r i tir.V.44 4$ "}SIT4.!.0tri td'i.Y4,4..L.er..ti•!:as..,..: ,.;:.;:.t;i•, ;, .. . . .. ' STATE OF FLORIDA COUNTY OF DUVAL HEN F i vi. I, , Clerk of the Circuit Court, Duval County, Florida, do hereby certify that the foregoing is a true and correct photostatic copy of the record of a certain instrument as the same appears recorded in OFFICIAL RECORI?S..VQL.....54.6.3 >13cok at Page. .2.9 of the Public Records of Duval County, Florida. Witness my hand and seal of office at Jacksonville, Florida, this the 16th day of JUNE A. D. 19 a8 . Jp�,Cil • 4s �' �� • i _ Court 1,t GA••. By E . w' •� : �. 4¢ L . _._�: •• ��qDeputy Clerk ‘ Fes_ PS-1011 _ p , . 'x. 4100 iTG 745 WARRANTY DEED OFFICIALRECORD S ' THIS INDENTURE, Made this 16th. day of February, A. D. 1976, BETWEEN R-C-B-S CORPORATION, a corporation organized and existing under the laws of the State of Florida, of the County of Duval, State of Florida, party of the first part, and Harcourt Bull, III, 332 Marlboro Street +--A S. E. , Aiken, South Carolina 29801, an undivided one-half interest, and - ' Brenda P. Bull, Apt. No. 315, 2415 Costa Verde Blvd. , Jacksonville ;, Beach, Florida 32250, an undivided one-half interest, • as tenants in common without right of survivorship. N :4:° • m WITNESSETH: that the said party of the first part, for and in !: v o consideration of the sum of TEN DOLLARS "/ ,..,..., to it in hand paid by the said parties of the second part, the : • fta receipt whereof is hereby acknowledged, has granted, bargained and { r+ sold to the said parties of the second part, their heirs and 044 assigns forever, the following described land, situate, lying and , I` moi+ being in the County of Duval, State of Florida, to wit: "_ .-i v PARCELS IV, V, and VI as described in Exhibits Al, A2, A3 0 > respectively attached hereto and made a part hereof. •i 4cn This Deed is being given in final liquidation and dissolution ,z , to of the above named corporate grantor. 4130oorl .r . •; T ,, K' m And the said party of the first part does hereby fully warrant the `, u. title to said land, and will defend the same against the lawful �•` ' a, claims of all persons whomsoever. \O ', • IN WITNESS WHEREOF, the said party of the first part has cause d this instrument to be executed in its name by its President and `'• usedeiJtg:.CQrporate Seal attested by its Secretary to be hereto . '+`' £f .5ied the•,,day and year first above written. ' i 1 " r"t, (¢ (�RA'rL'SEAL) Q� •t,tc_ �.�,�/ k rrt-� By: -�'� ,, Harcourt Bu 1 III Georg But . . j Its President ' .: :�,� Its Secretary F Signed and Sealed in Our Presence: �' • ,. rky O 1f1_II Q DA �' COUNTY OF DUVAL ) '7`�' "~ Before me personally appeared George Bull and Harcourt Bull III ` respectively the President and Secretary of R-C-B-S CORPORATION, a ,•, corporation under the laws of the State of Florida, to me well known is y-$, to be the individuals and officers described in and who executed the foregoing instrument and severally acknowledged the execution thereof • t'., to be their own free act and deed as such officers thereunto duly ;•�`j` authorized; and that the official seal of said corporation is duly Yti affixed thereto, and the said conveyance is the act and deed of said corporation. ` , WITNESS my hand and official seal this 16th day of February, 1976, , at Jacksonville, County and State aforesaid. .. ./. ' b Zt;�' 6A . ]• ary Public in a for t e ,County .and: , ;" • • tate Aforesaid, i !1 ',1 ;, ,.:K':; My Commission expires : '<'... ...I ;,c ; My Notary Commluioa 1iEaplr.s July 1, ?lorida af r1. • • ' . `$. 11.4 •+N*W". �.`�. F'"��j.. ...:14, M .. ', .,....'..4; ." , 1 ln,' • 1 • t .t, .. • • • I r VOL 4100 P� 746 . . . . 441.. , . r. OFFICIAL RECOR. DS* tit, PARCEL IV A part of Lots 1 and 2, Division 3, Andrew DeWees Grant, Section 4. 37, and a part of government Lots 1, 2, 7, 8 and 10, Section 8, all in Township 2 IF South, Range 29 East,as Duvsl County, Florida being more particularly described Beginning at the intersection othe rSoutherly le olinen ofofaidate si government Lot 10 with the Easterly g LI Road No. 101 (also State Road A-1-A at this point) ; thence run Northerly along the said Easterly right-of-way line of State Road moi„ ;; No. 101 5,860 feet more or less to the City of Jacksonville by resolution 70-801-236 said tract of land being described and ,..t recorded in official record Volume 3202, Pages 481 to 485; thence • run Easterly along the said Southerly line 1,355 feet to theV. Westerly right-of-way line of Old Sherry Drive (County Road No. 551); V thence run Southerly along the said Westerly right-of-way line of Old Sherry Drive 3,635 feet more or less to the Northeasterly - . corner of that certain tract of land described and recorded in official record book 3500, Pages 1029 through 1037; thence along .• . the Northerly line of said land described in official record .,J?: book 3500, Pages 1029 through 1037 and the Northerly and Westerly i line of lands described in official record book 52, sPages 484 rough : -.r. line 487 the following four courses and distances, Al • feet more or less, (2) Southeasterly 600 feet more or less, 1 (3) Westerly 470 feet more or less (4) Southerly 1870 feet more or 1 less to the aforementioned Southerly line of said government Lot 10; a, .., overnm nt Lot 10 ;i�. then run Westerly along said Southerly line of g vernmett11 245 feet more or less to the Point of Beginning, containing 6 11 acres more or less. ).', . 4: •. :„....; . ,..,, • .. p.:•, • ` f DOCUMENTARY— STATE of FLORIDA I •i•'= • .e -- ' �r ~ DOCUMENTARY ,STAMP TAXI I',1 • � • } I �; .., 10„..):,� PLORI A SURTAX Eu 'p DEPT.OF REVENUE .44:,,i O 11Iw'r: ..1':' . .. '7 r� ►T• FE! 1'T _ 0 0. 5 5 g ; , E. P9.='mills n ��4 1. 0 O. ' , r:... Qui 2 1 P.f. 0102/ ...• 11 1,i �: .•I. ,, or Ntli. ... ,.:1,....,11.,,,...,,,, J i i,1 1. �'.:� .. d, .h rr;' i 1AE1111R '-` � ..11�� i, �.i, ..', . •1� �j __,1.•A dl��• I.�c1�1-r.'It": ��..!�! 7�!� .Ir��! ,j :. „ ' ' 1 1 I t .1, .1,:• ,I.;.,1.L1'; 1 4,..1,.,1,.,1_,..,1,;,,i!.. :.:,,,. l��lTi;...t . i,?.�1,Calc _.i;-��I.'�'.I:_C,�;;;,1.�.,�,� � :,i, i...,i•. r, Y • EXHIBIT Al , 4 , Y ti Y+• w.��. -mow w..r• I • • . vol. 4100 p'c. 747 , c OFFICIAL RECORDS �# • . ' PARCEL V A part of Lots 2 and 3, Division 3, Andrew DeWees Grant, Section 37, Township 2 South, Range 29 East, Duval County, Florida and being more particularly described as follows: Begin at the Northwesterly corner of that certain tract of land to the City of Jacksonville by Condemnation Resolution No. 70-801-236 said tract of land being described and recorded in official record book 3202, Pages 481 through 485, said point being on the Easterly `•' right-of-way line of State Road No. 101; thence along the said Easterly right-of-way line of State Road No. 101 run North 9°53' 10" East 1,151. 30 feet; thence North 89°06' 50" East 177. 50 feet; thence South 9°53' 10" West 571.92 feet to the Southwesterly corner of that tract of land described and recorded in official record book 3308, Page 967; thence along the Southerlyline of said lands North 89°06' 50" East 850. 56 feet to the Southesterly corner thereof; tnence along the Easterly line of said lands described in offical • record book 3308, Page 967 and lands described and recorded inofficial record book 3072, Page 522 run North 3°22' 11" West 807.89 ; r: feet; thence North 89 06' 50" East 11. 29 feet to the Westerly right- of-way line of Old Sherry Drive (County Road No. 551) ; thence along the Westerly right-of-way line of Old Sherry Drive run South 11°00' 15" East 221. 13 feet to the point of a curve to the right, said curve being concave Westerly; thence along and around said 4 ,1 curve run South 8°47' 15" East 436.05 feet (a chord bearing and distance) to the Point of Tangence of said curve; thence continue •• along the said Westerly right-of-way line of Old Sherry Drive South 6°34 15" East 921.44 feet to the Northeasterly corner of the • aforementioned lands to the City of Jacksonville; thence along the Northerly line of said lands run South 88°57'47" West 1267.85 feet . r. to the Point of Beginning, containing 18. 1 acres more or less. 'R .:• sI a �. EXHIBIT A2 ► . • 1, • • • w *^a T4ift'31C -.•_,-wY-1\-T::+.( s... .-.. _ ..rim - _ - .. - ...•..---^'- + :.:-,-. �--..a..:..rte.- ."� - . •. '.:. - ... - ___ - _ _ i) .. • , • ' • • r VOL 4100 e� 748 ;" r OFFICIAL RECORDSt! PARCEL VI w. A part of the unsurveyed land lying in Section 1, Township 2 South, Range 28 East, Duval County, Florida being more particularly i described as follows: , . Beginning at a point on the Northeasterly line of the Intracoastal Waterway (a 500 foot right-of-way) with i$. the intersection of a line lying 650 feet more or less cif Northerly of and parallel to the Southerly line of ," said Section 1; thence run Northwesterly along the rfi said Northeasterly line of the Intracoastal Waterway lir3900 feet more or less to the Southeasterly line of ••.,. • that certain tract of land recorded in official record r� book 356, Page 455; thence run Northeasterly along said Southerly line or said land recorded in official record �'i book 356, Page 455 1,025 feet more or less to the inter- 4 section of a line parallel to and 1,000 feet measured ';.: It at right angles to the said Northeasterly line of the ; 01;,Southeasterly parallel to the said Intracoastal Waterway r t Intracoastal Waterway; thence on last said line run :,, ; ; 3,000 feet more or less to the intersection of the o, Easterly line of said Section 1; thence Southerly along said a Easterly line of said Section 1, 1600 feet more or less to a point 650 feet more or less Northerly of the Southerly line of said Section 1; thence run Westerly AL along said line 400 feet more or less to the Point of Beginning, excepting therefrom that part lying in and t : being a part of Wonderwood Drive (County Road No. 1760) . Unsurveyed Section 6, Township 2 South, Range 29 East, Duval .j County, Florida excepting therefrom the Southerly 650 feet of said ; . Section 6 and that part lying in and being a part of Wonderwood ail Drive (County Road No. 1760) . I All the above containing 416 acres more or less.• t .I r, a. ,; JAI '?6- 13564 fit its25 4 zsPH 1I n NO NM POMO II MUG litaili11/4 4. EXHIBIT A3 ��w�� Mrr �� JI>• tJ "S ,y' t i 11N STATE OF FLORIDA COUNTY OF DUVAL HENRY V! C• I, ffillefairlailleilitarariellIBIft, Clerk of the Circuit Court, Duval County, Florida, do hereby certify that the foregoing is a true and correct photostatic copy of the record of a certain instrument as the same appears recorded in OFFICIAL RECORDS VOL. 4100 Bodo( at Page.7.45 of the Public Records of Duval County, Florida. Witness my hand and seal of office at Jacksonville, Florida, this the 1.6.ih....day of JUNE. A. D. 19 as CJr 1 co eimismommielmemmir • , * • , •Q t ourt. • ;) t� , • By '1 . _. ..� Deputy Clerk GL • _:. =;•' ��_' ii,,1\ COUNIq•��r" PS-1011 .,iy ...w :•.-;::...-nei:-..717 a .:V:'.'•.;!S.awT..,:NMnstri.A Arr M.:.., .;,,•71..•-AAraTY':Ih.i4W .redio"."-c . ... ,.._.eca ax�v ..-..+�.w. .lr►a.a.o..�v,� C�/ j �y1 wA.a.m o'sr•(St.lworr Form.) •VOL t)k1lt PC IAA instrument prepared by 111..m. executive Mine OFFICIAL RECORDS - 4-: Dill ;ij ,� THIS I\'�•". 'r ;T '.'i 1 iE!A IN .r nbinturt , u,., 5h I'..I'.;:.IC ULVD, (T....rp. " ..." ..J •'p....." •...1.Aril ... 1. ....ud .N.l... .0 ...4.....J..i...61 .. ,+...+ .. ,.. ......r :.Ji.WS.) ATlAN11C BLACK, FLIiRIDl. 32231 • • Made this 10th day of September 19 85 , littwttw • HARCOURT BULL , III , WILLIAM ARTHUR BULL and JANE ELLIS BULL , of the Cauneyof Duval ,State of Florida ,grantor,and STOKES-O ' STEEN COMMUNITIES , INC . whose post-officeal:,dress is 9000 Cypress Green Drive , Jacksonville , Fl . 32216 of the County of Duval ,State of Florida ,grantee, 1ttuttroi5e4: That said grantor,for and in consideration of the sum of ---T e n--- Dollars,and • other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee,and grantee's heirs,successors and assigns forever, the followirg described land,situate,lying and being in Duval County,Florida,to-wit: AS DESCRIBED ON ATTACHED EXHIBIT A . Subject to covenants , restrictions and easements 6\ of record , this reference to which shall not op- erate to reimpose the same , and taxes accruing subsequent to December 31 , 1984 . ;.`'"" The above described property is vacant land , and is not the homestead property of the grantors . Z i u cu S v s 1v' 'o `r- 42 ;OF ` uil la • s - EQ '' 4,Ri : ;',I.:-rTAM: • (AXI ; . . 410 sc• 1 ' . o' ea.=seri i•SI )•4 2 5. Q Q', . Ln -1142S .. . y • and said grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of A, all persons whomsoever. - .-y .Jet Ittntis $Itrtvf, G • or has hereunto set grantor's hand and seal the day and year first above wr'[t-n. I i -Y• Sig d,sand delivered i . res e: . .2:.7.. 7 • •90 Seal) ',4'' 1 , . • OIR tU L , II , y Wi. ham Arthur Bull , with Power of ALfswee `>i �J , / )12s/ /C JS` _....71A./-1-1, ./ (,(Seal) i ::...:12,(-)14.,-/ J `E ELLIS BULL , by William Arthu Bul with Po er of At orney (Seal) =='- STATE OF FLORIDA t -�=- . .?X( �!�� COUNTY OF D U V A L WILLIAM ART UR BuLI. R . ', 5-i I HEREBY CERTIFY that on this day before me,an officer dulytd p ` "` qualified to take acknowledgments,perso Icy oppea►dd WILLIAM ARTHUR BULL , individually and with Power of AtQ :��* • y. for HARCOURT BULL , III and JANE ELLIS BULL tfltr:_F',�"i •i ;__ to me known to be the person(s)described in and who executed the foregoing instrument anci..41 tpwledged before me, - the execution of same. - •, ,1,; . p • .r47 WITNESS my hand and official seal in the County and State last afo;.a. s 10th da f .S e t .`,-'- 'l'44D y Arte: ...•.,....." • Notary Public • ►1•• My commission expires: „ •" 7.:.;.-• e 1„y' :. 1, f .. :. .. !;;,r. 1A, I9C8 MIOSTATE LEGAL SUPPLY CO.,INC.-OIILAMOO,FLORIDA b••-v. Lu. Ir+r{:sr.•1,...I,1:w,IAS. • IIII .. .: .... _.... . . .�':.,":.!:=i «:1.a”' r•T.•.,.+a - s. • v0L6i01?_ Pc 451 • OFFICIAL RF URUS EXHIBIT "A" LEGAL DESCRIPTION1111• A part of Government Lot 7, Section 8, Township 2 South, Range 29 East, Duval County, Florida, and being more particularly described as follows: For a point of reference, commence at the Northwest Corner of Fairway Villas as recorded in Plat Book 39, pages 22 and 22A of the current public records of said county; thence North 01°42 ' 10" West along the Easterly right-of-way line of Mayport Road ( State Road A-1-A, a 100 foot right-of-way) a distance of 806 . 59 feet; thence • North 88°17 ' 50" East, along the North line of a Florida Department • of Transportation 55 foot drainage easement and an Easterly projec- tion thereof a distance of 1313 . 21 feet to the Point of Beginning; thence South 01°13 ' 16" East, along the East line of said Government Lot 7, a distance of 448.23 feet; thence North 89°40' 15" West, along • a boundary of the land described in Official Records Volume 5500, -` page 1029 of the public records of said county, a distance of 106. 32 feet; thence continue along said boundary, and along a boundary of the land described in Official Records Volume 652, page 484 of said public records, South 51°26' 02" West, a distance of 554. 87 feet to the centerline of an existing drainage canal as described in Offi- cial Records Volume 4163, page 1112 of said public records; thence North 17°02 ' 15" West, along said centerline, a distance of 280. 60 feet; thence continue Northwesterly along said centerline a distance ,,YX of 527 feet more or less to said North line of a Florida Department of Transportation 55 foot drainage easement; thence North 88°17' 50" East, along said North line and an Easterly projection thereof, a distance of 774 feet, more or less, to the Point of Beginning. Containing 9. 27 acres, more or less. yVgt: -lam (33 767 "•. SEP I I 13 33 AM '85 STATE OF FLORIDA COUNTY OF DUVAL HENRY W. COOK I, qIIIIIIMIMINIClerk of the Circuit Court, Duval County, Florida, do hereby certify that the foregoing is a true and correct photostatic copy of the record of a certain instrument as the same appears recorded in OFFICIAL RECORDS VOL. 6012 l at Page...45.Q.. of the Public Records of Duval County, Florida. Witness my hand and seal of office at Jacksonville, Florida, this the 16th day of JUNE A. D. 19 88 C c1 , ° \t � ��'C:i.ii 1' 4pCI-� HEI:RY 't`�'. cc 7)K o c`;'l• v�J • �••• , 910111.110111......1100111111W • Circuit Court ftr : iilr'1 Q B - ... •�..��'� • Deputy Clerk PS-1011 KENT. WATTS & DURDEN ATTORNEYS AT LAW 850 EDWARD BALL BUILDING POST OFFICE BOX 4700 JACKSONVILLE. FLORIDA 32201 FREDERICK H.KENT CHARLES GUY BONO TELEPHONE 3541600 OLIN E.WATTS TIMOTHY A.BURLEIGH AREA CODE 904 WILLIAM L DURDEN LYNDA R.AYCOCK FREDERICK H.KENT.JR. WESLEY L WALLACE ROBERT C.NICHOLS FRANK E.MILLER JOHN BRADFORD KENT BETSY C.COX ROBERT 0.MICKLER FREDERICK H.KENT,III FRED M.CONE.JR. ALISON D.KENNEDY WILLIAM G COOPER PATTI A.CHRISTENSEN THOMAS K.PURCELL CHARLES L CRANFORD JOHN R.CRAWFORD ALAN O.HENDERSON February 13, 1986 GEORGE E.RIDGE STEPHEN M.DURDEN BRYAN L PUTNAL Mr. Robert Hayes The Haskell Company 720 Gilmore Street Jacksonville, Florida 32204 Dear Mr. Hayes : Re: Helow option to Haskell Enclosed are two copies of Option to Purchase Real Estate revised by me in accordance with my conversa- tions with Mr. Helow. For information, we also enclose photocopies of: (1) American Title Insurance Company policy of title insur- ance issued to Mr. Helow when he purchase the Exhibit A parcel; and (2) Chicago Title Insurance Company commitment • for title insurance in connection with his recent purchase of the Exhibit B parcel. Obviously, the non-mortgage/lien exceptions in George ' s title must be permitted exceptions pursuant to the option. After you and your people have reviewed the option, please let me know if you have any questions . _ 'ncerely, 41004 atLe.,ht\ ROM:vg Encs. c-Mr. George A. Helow (w/c Option) ..y �,' .� =- : : .. . a ,''-.w .. .. ?- <.a ':!S Jax. Div. /78590 k-' e:. POLICY OF TITLE INSURANCE ((-• Issued by 11: .y ek . ,: american title insurance company 1--_-'..,: Miami, Floridaa subsidiary of The Continental Corporationi .� • A STOCK COMPANY 14 ; r 1 ii lei } 1' /IS' • SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B ' r AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,AMERICAN TITLE INSUR- ?' �• ANCE COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in ''_ Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, ,,s ::sit. attorneys' fees and expenses which the Company may become obligated to pay hereunder,sustained or incurred .:4:: A by the insured by reason of: 41 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; iy 2. Any defect in or lien or encumbrance on such title; y 3,Iti . Lack of a right of access to and from the land. =; This policy shall not be valid or binding until Schedule A has been countersigned by either a duly ,; efr authorized agent or representative of the Company and Schedule B has been attached hereto. 3 IN WITNESS WHEREOF0 , American Title Insurance Company has caused its corporate seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws. e's� i ,,, i american title insurance company Issued Through American Title Insurance Company • Jacksonville Division 135 135 West Bay Street, Suite 414 � � r‘l/1/1:1tV Jacksonville, Florida 32202 Preaidrnt .,i ••. ATTEST: ,y C.74 :r_ 1936 '. " , 'y CC 7� a T. alt,,) Secretary ® '1,a 1- 1- ?►-.?fir N-1 .1- 7., ?►-?►.-•l- 1. ,?6'-N-,?►,� :ORM T-423 1/77 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY—FORM A 1970(AMENDED OCTOBER 17, 1970) REPRINTED 9/80 american title insurance company Rate $ Premium $ SCHEDULE A Date of PolicyDecember 11, 1981 at 11:22 A. M. POLICY NO. 0108856 Amount of Insurance $ Related Commitment No.. C454855 Jax, Div. #78590 1. Name of Insured: GEORGE A. BELOW, as trustee 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple. 3. The estate or interest referred to herein is at date of policy vested in: GEORGE A. HELOW, as trustee 4. The land referred to in this policy is situated in the County of Duval State of Florida and is described as follows: More particularly described on continuation sheet, attached hereto, marked Exhibit "A", and forming a part of this Policy. Countersigned and Validated BY ��C�J d�.G.a. AUTH ZED REPRESENTATIVE FORM T-423 (A) 1/77 ALTA Owner's Policy-Form A-(Amended 10/17/70) AMERICAN TITLE INSURANCE COMPANY • CONTINUATION SHEET POLICY NO. 0 108856 Jax. Div. #78590 Exhibit "A" A part of Government Lots 1 and 8, Section 8, Township 2 South, Range 29 East, Duval County, Florida, more particularly described as follows: Commence at the Southwest corner of Lot 26, SELVA MARINA, Unit No. 10-C, Plat Book 37, page 40, said Southwesterly corner lying in the Northeasterly right of way line of Selva Marina Drive (formerly Old Sherry Drive) as established for a width of 100 feet; thence North 16 degrees 24 minutes 46 seconds West, along said Northeasterly right of way line, 50.85 feet; thence South 73 degrees 35 minutes 14 seconds West, 100 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive (said intersection being the point of curve of a curve concave Easterly and having a radius of 2914.79 feet) for the point of beginning; thence North along the arc of said curve and along said Southwesterly right of way line, an arc distance of 640.66 feet to the point of tangency of said curve, said curve having a chord bearing and distance of North 10 degrees 06 minutes 58 seconds West, 639.37 feet; thence North 03 degrees 49 minutes 10 seconds West, along the westerly right of way line of said Selva Marina Drive 892.51 feet; thence South 86 degrees 10 minutes 50 seconds West, 751.37 feet to an intersection with the Westerly line of said Government Lot 1; thence South 00 degrees 51 minutes 14 seconds East, along the Westerly line of Government Lot 1 and Government Lot 8, 1590.72 feet to an intersection with the Northerly line of lands described in Official Records Volume 3500, page 1029; thence North 89 degrees 58 minutes 50 seconds East, along said Northerly line, 933.19 feet to an intersection with the Southwesterly right of way line of said Selva Marina Drive; thence North 16 degrees 24 minutes 46 seconds West, along said Southwesterly right of way line, 125.43 feet to the point of beginning. Initialed for Identification FORM T•426 9-75 C111 i 1C■ -Nvv■ ■ vI aaIC ■■ 1=116.111 a■ ■vv ...ma.. - -row_- SCHEDULE B This policy does not insure against loss or damage by reason of the following: Any taxes or assessments levied subsequent to the date hereof. 1. T1sa.Jiaa-a£alllaXEs1n[.Sheacearr_1..9L"..aacl alesuftar. 2. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 3. Any encroachments, easements, measurements,variations in area or content, party walls or other facts which a correct survey of the premises would show. 4. Rights or-claims of parties in possession. 5. Roads, ways, streams or easements, if any, not shown of record, riparian rights and the title to any filled-in lands. 6. Mortgage from George A. Helow, as trustee, to Brenda P. Bull, married, dated December 9, 1981 and filed December 11, 1981 under Clerk's File No. 81-77801, of the current public records of Duval County, Florida, securing $ 7. Agreement to Grant Future Easements from Brenda P. Bull to George A. Helow, as trustee, dated December 9, 1981 and filed December 11, 1981 under Clerk's File No. 81-77802, Duval County Records. 8. Any taxes or assessments due the City of Atlantic Beach, Florida. I RM T-423 (B) 1/77 ALTA Owner's Policy-Form A -(Amended 10/17/70) )3 AMERICAN LAND TITLE ASSOCIATION COMMITMENT — 1966 Sh ., 10 0735 10 000153 ›, .. CHICAGO TITLE INSURANCE COMPANY °' of A0.:,. s , Olt i I'i 14 I, V. K 4COMMITMENT FOR TITLE INSURANCE ir„ fPO ,moi 0i CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, )1 for a valuable consideration, hereby 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 covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations r : hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of r.i the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. 11 This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability 4.and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. i. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed 1 and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. . 1. CHICAGO TITLE INSURANCE COMPANY ., By: Issued by: 1•' KI GALLAGHER, BAUMER, MIKALS, BRADFORD& CANNON iti,//,,,, / !. 2525 Independent Square / , , `' Jacksonville, Florida 32202 '• (904) 355-2525 ATTEST: President. • � " '1 t o , 4_, lat-P 4 444-14 411, 1 ii_v____„_,_ ▪ !may' i e , Secretary. �\ �▪ .. y`. : ' E S sL i I. —dam,-.at' - -Iv, .1ovi •��%.tsi/r aim. __--e- ,A.---., .-e• ._-”e.. . .=K :-v=_-,. -__-v-_, ';-_ .as=, -=Y [,p Copyright 1966 American Land Title Association .-.— a r. --------- - ------ - SCHEDULE A Number 10 0735 10 000153 Effective Date January 9, 1986 @ 5:00 p.m. I. Policy or Policies to be issued: ALTA OWNER'S POLICY Form A $ (Amended 10/17/70) Propos Insured: AEL PROPERTIES, LTD. , a Florida Limited Partnership ALTA LOAN POLICY $ Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple. and title thereto is at the effective date hereof vested in: STOKES — O'STEEN COMMUNITIES, INC. 3. The land referred to in this Commitment is described as follows: See Exhibit "A", attached. • FORM 3009 L; iA,. om '• ,� z'�,�t , s • ' ' , ' PAGE Form 3237 R-1-81 (Schedule A continued/ Commitment No. 10 0735 10 000153 Policy Number Owners Policy Number Leen EXHIBIT "A" - — LEGAL DESCRIPTION A part of Government Lot 7 , Section 8, Township 2 South, Range 29 East, Duval County, Florida, and being more particularly described as follows: For a point of reference, commence at the Northwest Corner of Fairway Villas as recorded in Plat Book 39, pages 22 and 22A of the current public records of said county; thence North 01°42' 10" West along the Easterly right-of-way line of Mayport Road (State Road A-1-A, a 100 foot right-of-way) a distance of 806.59 feet; thence North 88°17' 50" East, along the North line of a Florida Department of Transportation 55 foot drainage easement and an Easterly projec- tion thereof a distance of 1313 . 21 feet to the Point of Beginning; thence South O1°13 ' 16" East, along the East line of said Government Lot 7, a distance of 448.23 feet; thence North 89°40' 15" West, along a boundary of the land described in Official Records Volume 5500, page 1029 of the public records of said county, a distance of 106. 32 feet; thence continue along said boundary, and along a boundary of the land described in Official Records Volume 652, page 484 of said public records, South 51°26' 02" West, a distance of 554. 87 feet to the centerline of an existing drainage canal as described in Offi- cial Records Volume 4163 , page 1112 of said public records; thence North 17°02 ' 15" West, along said centerline, a distance of 280. 60 feet; thence continue Northwesterly along said centerline a distance of 527 feet more or less to said North line of a Florida Department of Transportation 55 foot drainage easement; thence North 88°17 ' 50" East, along said North line and an Easterly projection thereof, a distance of 774 feet, more or less, to the Point of Beginning. SCHEDULE B—Section 1 Commitment Number 10 0735 10 000153 Requirements The following are the requirements to be complied with: 1. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record, to wit: a) Warranty Deed from Stokes — O'Steen Communities, Inc. , conveying caption herein to He1c Properties, Ltd. , a Florida Limited Partnership. 2. Payment of the full consideration to. or for the account of. the grantors or mortgagors. 3. Payment of all taxes. charges. assessments. levied and assessed against subject premises. which are due and pay- able. 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed: that contractor. subcontractors. labor and materialmen are all paid. 5. Satisfactory proof of current status of Stokes — O'Steen Communities, Inc. 1898 • • SCHEDULE B—Section 2 i.ommitment Number 10 0735 10 000153 Exceptions 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 hereof 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 owner's policy issued pursuant hereto will contain under Schedule B the'standard exceptions set forth on the inside cover. Any loan policy will also contain under Schedule B thereof, the standard exceptions set forth on the inside cover of this commitment relating to the owner's policy. 3. Standard Exceptions 2 and 3 may be removed from the policy when a satisfactory survey and inspection of the premises is made. 4. Taxes and assessments for the year 1986 and subsequent years. (NOTE: Taxes for 1985 are assessed at $ and paid in gross amount of under RE #169398-0000.) 5. Any taxes or assessments due the City of Atlantic Beach, Florida. 6. Easements recorded in Official Records Volume 3083, Page 1, Official Records Volume 3086, Page 305, as modified in Official Records Volume 3516, Page 950. 7. Easement recorded in Official Records Volume 5810, Page 2256. I 8. Drainage canal on Westerly lot line. ; , 9. Ri and egre re neither g nteed insure eve Note: On loan policies,junior and subordinate matters, if any, will not be reflected in Schedule B. ENDORSEMENT Attached to and forming a part of Commitment No. 10-0735-10-000153 Issued by CHICAGO TITLE INSURANCE COMPANY The above referenced commitment is hereby amended as follows : 1 . The legal description of the land as set forth in Item 3 of Schedule A is hereby amended to read in its entirety as set forth on Exhibit A attached hereto and made a part hereof. 2. Item 9 of Schedule B - Section 2 is hereby deleted. This endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face amount thereof. DATED: February 7 , 1986 CHICAGO TITLE INSURANCE COMPANY Gallagher, Baumer, Mikals, Bradford, Cannon & Walter F 44/V P.A. P tIn President. \OULU' ATTEST: 0411I 1101p . •_. Si• 441! "---. 110...4144.--1.-14 Note: This endo onent shall not •s val . or• ��ll Secretary. binding until counEersigned by a* sd signatory. FORM 3554-04 • EXHIBIT "A" . LEGAL DESCRIPTION A part of Government Lot 7 , Section 8 , Township 2 South, Range 29 East, Duval County, Florida, and being more particularly described as follows: For a point of reference, commence at the Northwest Corner of Fairway Villas as recorded in Plat Book 39 , pages 22 and 22A of the current public records of said county; thence North O1°42 ' 10" West along the Easterly right-of-way line of Mayport Road ( State Road A-1-A, a 100 foot right-of-way) a distance of 806 . 59 feet; thence North 88°17 ' 50" East, along the North line of a Florida Department of Transportation 55 foot drainage easement and an Easterly projec- tion thereof a distance of 1313 . 21 feet to the Point of Beginning; thence South 01°13 ' 16" East, along the East line of said Government Lot 7 , a distance of 448 . 23 feet; thence North 89°40 ' 15 " West, along . a boundary of the land described in Official Records Volume 5500, page 1029 of the public records of said county, a distance of 106 . 32 feet; thence continue along said boundary, and along a boundary of . the land described in Official Records Volume 652 , page 484 of said public records, South 51°26 ' 02" West, a distance of 554 . 87 feet to the centerline of an existing drainage canal as described in Offi- cial Records Volume 4163 , page 1112 of said public records ; thence North 17°02 ' 15" West, along said centerline , a distance of 280 . 60 feet; thence continue Northwesterly along said centerline a distance of 527 feet more or less to said North line of a Florida Department of Transportation 55 foot drainage easement; thence North 88° 17 ' 50" East, along said North line and an Easterly' projection thereof, a distance of 774 feet, more or less, to the Point of Beginning. Together with an easement for ingress and egress over the following described property (Easement Parcel I) A PART OF SECTION 8 , TOWNSHIP 2 SOUTH , RANGE 29 EAST , DUVAL COUNTY , FLORIDA AND BEING MORE PARTICULAR? DESCRIBED AS FOLLOWS : FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39 , PAGES 22 AND 22A OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH O1 ° 42' 10" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD ( STATE ROAD A- 1-A, A 100 FOOT RIGHT-OF-WAY) , A DISTANCE OF 1340.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 5679 . 58 FEET ; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF- WAY LINE , A DISTANCE OF 216 . 27 FEET , MAKING A CENTRAL ANGLE OF 02 ° 10'54" , HAVING A CHORD BEARING OF NORTH 00 ° 36 ' 43 " WEST AND A CHORD DISTANCE OF 216 . 26 FEET ; THENCE NORTH 88 ° 17 ' 50" EAST , A DISTANCE OF 498 . 78 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUE NORTH 88 ° 17 ' 50" EAST , A DISTANCE OF 62 .44 FEET ; THENCE SOUTH 17 " 46 ' 03 " EAST , A DISTANCE OF 780. 48 FEET ; THENCE SOUTH 88 ° 17 ' 50" WEST , A DISTANCE OF 62 .44 FEET ; THENCE NORTH 17 ° 46 ' 03 " WEST , A DISTANCE OF 780. 48 FEET TO THE POINT OF BEGINNING. And also together with an easement for ingress and egress over the following described property (Easement Parcel II) A PART OF SECTION 8 , TOWNSHIP 2 SOUTH , RANGE 29 EAST , DUVAL COUNTY , FLORIDA AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS : FOR A POINT OF REFERENCE COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39 , PACES 22 AND 22A OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH O1 " 42 ' 10" WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD ( STATE ROAD A- 1-A, A 100 FOOT RIGHT-OF-WAY) , A DISTANCE OF 1340.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 5679 .58 FEET ; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF- WAY LINE , A DISTANCE OF 216 . 27 FEET , MAKING A CENTRAL ANGLE OF 02 ° 10'54" , HAVING A CHORD BEARING OF NORTH 00° 36 ' 43" WEST AND A CHORD DISTANCE OF 216 . 26 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF- WAY LINE , A DISTANCE OF 60 . 06 FEET , MAKING A CENTRAL ANGLE OF 00 ° 36 ' 21 " HAVING A CHORD BEARING OF NORTH 00 ° 46 ' 40" EAST AND A CHORD DISTANCE OF 60 .06 FEET ; THENCE NORTH 88 ° 17 ' 50" EAST , A DISTANCE OF 558 . 62 FEET ; THENCE SOUTH O1 ° 42 ' 10" EAST , A DISTANCE OF 60 . 00 FEET ; THENCE OUTH 88 ° 17 ' 50" WEST , A DISTANCE OF 561 . 22 FEET TO THE POINT OF BEGINNING . June 27 , 1988 Re: Fleet Landing Atlantic Beach, Florida Dear Mr. Fellows: We are the Owners of Record of the parcel described in the enclosed exhibit which has been optioned by evidence of a purchase option to Haskell Realty Developers, Ltd. , 111 Riverside Avenue , Jacksonville, Florida 32202-4950 , a Florida limited partnership. In connection with the application for rezoning of the above described property from OR to PUD classification, we hereby assign as our Agent , Haskell Realty Developers , Ltd. The rezoning and development shall be contingent upon Haskell Realty Developers , Ltd. purchasing the property. Sincerely, Below Properties, Ltd. By: George A. Helow Enclosure State of Florida County of Duval Before me this date personally appeared George A. Helow , and who, after being duly sworn, on oath stated that they executed the foregoing freely and voluntarily for the purpose stated therein. Sworn to and subscribed before me June 27 , 1988 . Notary Public , State of Florida Expiration: r;;r Inc. ARCHITECTS/ENGINEERS/CONTRACTORS Haskell Building Jacksonville, Florida 32231-4100 904/791-4500 THE HASKELL COMPANY U PROJECT DESCRIPTION: Naval Continuing Care Retirement Foundation, Inc. d/b/a/, Fleet Landing Atlantic Beach, Florida To Whom It May Concern: This is notification that Charles B. Clark, of The Haskell Company, Jacksonville, Florida, has the authority to act in behalf of Haskell Realty Developers, Ltd. , as agent in apply- ing for and obtaining site related permits and approvals require' for the project described herein. It is i'llerstood that this representation may be terminated by the u :e' signed at any ti's - upon proper notice to the permit- ting .ge cies. By: g A A, MIE Title: As Attorney-in-Fact for Preston H. Haskell, its Sole General Partner For: Haskell Realty Developers, Ltd. 111 Riverside Avenue Jacksonville, Florida 32202-4950 State of Florida County of Duval I , the undersigned authority, hereby certify that the foregoing is a true and correct copy of the instrument presented to me by C. Edward Vandergriff as the original of such instrument. WITNESS my hand and official seal, this 16th day of June , 1988. 42- 42jiY44-4-44j Notar Public My commission expires . r APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing Atlantic Reach, Florida June 17, 198R SUMMARY The Haskell Company is proposing to construct the Fleet Landing Retirement Care facility for the Naval Continuing Care Retirement Foundation, Inc . The development will provide 439 residential units, 60 assisted-living units and 60 nursing care beds . The project would be located between Mayport Road, Selva Marina Country Club and Selva Marina Road within the City of Atlantic Beach. The requested Planned Unit Development designation is compatible with the existing land uses in the area and with the local Comprehensive Plan Amendment which is being submitted concurrently with this request . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 2 REQUEST FOR REZONING This application is requesting a change in the zoning classifica- tion for the approximately sixty-eight acre parcel described in Exhibit A, from Planned Unit Development and Open Rural (Exhibit B ) , to Planned Unit Development (Exhibit C ) , for the entire area . This will allow the development of a retirement community with a mix of recreational , commercial and service uses . THE HASKELL COMPANY BOATWRIGHT LAND SURVEYORS, INC. LEGAL DESCRIPTION FOR: The Haskell Company A PART OF GOVERNMENT LOTS 1, 2, 7 AND 8, SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS AS RECORDED IN PLAT BOOK 39 PAGES 22 AND 22A OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 01042 ' 10" WEST, ALONG THE EASTERLY RIGHT OF WAY LINE OF MAYPORT ROAD, (STATE ROAD A-1-A, A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED) , A DISTANCE OF 1340 . 37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 5679 . 58 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 216 . 27 FEET, MAKING A CENTRAL ANGLE OF 02°10 ' 54" HAVING A CHORD BEARING OF NORTH 00036 ' 43" WEST AND A CHORD DISTANCE OF 216 . 26 FEET; THENCE NORTH 88017 ' 50" EAST, A DISTANCE OF 240 . 00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88017 ' 50" EAST, A DISTANCE OF 60 . 23 FEET; THENCE NORTH ALONG THE ARC OF A CURVE CORL4AVE NORTHEASTERLY AND HAVING A RADIUS OF 5379 . 58 FEET, SAID CURVE LYINC 300 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY RIGHT OF WAY LINE OF SAID MAYPORT ROAD, A DISTANCE OF 532 . 35 FEET, MAKING A CENTRAL ANGLE OF 05040 ' 12", HAVING A CHORD BEARING OF NORTH 03026 ' 09" EAST, AND HAVING A CHORD DISTANCE OF 532 . 14 FEET TO THE NORTHERLY LINE OF SAID SECTION 5; THENCE NORTHEASTERLY ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 973 . 87 FEET TO THE EAST LINE OF SAID GOVERNMENT LOT 2; THENCE SOUTH 01008 ' 25" EAST, ALONG SAID EAST LINE OF GOVERNMENT LOT 2, A DISTANCE OF 137 . 52 FEET; THENCE NORTH 85053 ' 39" EAST, A DISTANCE OF 751 . 37 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SELVA MARINA DRIVE, (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED, FORMERLY OLD SHERRY DRIVE) ; THENCE SOUTH 04006 ' 21" EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 891 . 49 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2914 . 79 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY RIGHT CF WAY LINE, A DISTANCE OF 640. 66 FEET, MAKING A CENTRAL ANGLE OF 12035 ' 36", HAVING A CHORD BEARING OF SOUTH 10024 ' 45" EAST, AND A CHORD DISTANCE OF 639 . 37 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 16041 ' 57" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 125. 43 FEET; THENCE SOUTH 89041 ' 39" WEST, A DISTANCE OF 933 .19 FEET TO THE WEST LINE OF GOVERNMENT LOT 8; THENCE SOUTH 89039 ' 22" WEST, A DISTANCE OF 105. 81 FEET; THENCE SOUTH 1401 PENMAN ROAD SUITE"D" TELEPHONE JACKSONVILLE BEACH,FLORIDA 32250 241-8550 EXHIBIT A 51026 ' 02" WEST, A DISTANCE OF 554 . 87 FEET; THENCE NORTH 17002 ' 15" WEST, A DISTANCE OF 280 . 60 FEET; THENCE NORTH 17046 ' 47" WEST, A DISTANCE OF 527 . 21 FEET; THENCE NORTH 23009 ' 53" WEST, A DISTANCE OF 805 . 89 FEET TO THE POINT OF BEGINNING. CONTAINING 67 . 8 ACRES, MORE OR LESS . THE ABOVE LEGAL DESCRIPTION 1S BASED ON SURVEYS AND MAPS FOR THE AREA AED DOES NOT REPRESENT A FIELD SURVEY . X PUD RGB 87di/1 ' ! I is •.... 'baa, G ti. f' i„.i.i..i..i..;E,.....:..,:l...„.i:.::....x.:ii..$....:...i..1,...-E:.:..„....-...........,..i.M,... R iiPrt 17----k /-- ."-7 1 .--.:-.-!..-1-_-_. allia . , EL.... 7.... I 3 _ _Fig .v ::::::::: 1. *PUD �R G B -i�, r-------./.7-----7:-.7-2L7 )----\\-. �— I ir i.F . O , :� ��4. R G 2 E.........,1,6 1 o _ vI h1 R s �v 1 0 S1 I I , RG 3 I 1 t - I 1 I VN I� I � , l r i 1 I i 1 I is I Y fa I 1 �( I I 1 � J Adiminia ¶RS 2 O .� �-�-� :I I I it Q. I .. OR l� i ,1 1 1 " 1 I I I , I 1 1,.. co 7, , , , „... .t . /_„__, , iii ri . __, , , 1 :.1 RG 3 + ';I--r ,-..- FUD --' '_ 1c'.---1r �; () . a. I \ \ k___ i'p ni--,--, , , I, , . , f : „ = col r_____,: , 1 , 1 .;_. �Ii . 'tom Iii Imo;�'' Lhj--t L ;_=_::_:.________. , ,_____ ,__ Q „ 1 i,h I , : ‘..._.___r____....(---,7____ , , 1 1 , ,_ :__:,_ 1 1,1 s_, 1 c v__ , i‘ , , t-7 .--- -- �.._.—..—., IRS 1 C ' • I — R S 2 '� I . 1 - .. L lil ili '-- I Duval County Zoning i • — — =Nem Site Boundary PebProposed Zoning Map N.T.S. EXHIBIT C APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17 , 1988 Page 7 LOCATION The project is situated between Mayport Road (U.S . AlA) on the west , Selva Marina Drive on the East , and Selv,a Marina Country Club to the south. The northern limit of the property is just south of where S.R. 101 connects to Mayport Road. (See Exhibits D and E ) THE HASKELL COMPANY .:.........::: ...... ;ix:. :'•}.f.:: ;?;iQ+:..:4:�4Yi k{,X},}..}}:n}:::.Nv ;i::}:%\%:ri�`'_�:^A:.::Cn2}}\}�� . }•ixr 4 ;'?+J�iiii::::iso:::::::L:i:.::: :::i''?.?:::: ::�.,i:;:� :::.:i2}:?:: % iii ..i�:i :.} ..?A'...: ; M. ;i,. /:''`1 S <; 3 �> � :4y.�: .Sv-.7.,,,,..-- min. "° Ma ort US Naval �: �`isr:•v�xi:r:`i:;i::;;::x... .:.4. •:^'.V �x:i > z: <:>:::::>>:< '>> }' ' Air Station .`` �•�r �J:: ,4i r1 O"}} :j:=�:' x .�vN: "110 -...... ...-—• ::.-: Road. F. :4: .X. d:::...:::........... t e : 1 : A. y° OaHarboronS�C'vE SITE : i. Assisi Lane 4. a Qm ':::K? . C I:` r t a d E �-: k• -,:. ac Serra .0 • : < Marina• s+ `'``4 <" • }. ■■/�'' Q ':i,g:':::.*:*?,:.:i• i. a Lev Road :.::::ii-;.:::.: ::::•:1:•:::::•.:.:,...,::::„....,:•:,:.?..:: w`l ....v% Royal Royal Palms <::::? •:<:.i„:: Estates ”` ' '" A lantic Boulevard < `''i '' ; *"..t:*„.:•":•,,,.....: Via:} \. ell5Location Map N.T.S. EXHIBIT D . - Atlantic Ocean - •• . .., . .. . - _var.......f.. .- _. • • - 41.- ... .- • • go-- .. - "" 46.115,. -•• .34Into. _11 ,%; - . . • - .. . 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' b - • ., vp„.• I, jr- .1.drt f.-...,1111111,1"' ' .), . iii , .M . • .1 i. , .1, „it 1 "T". • is . .I,.. , ...'S. ..",‹ ,....•. • '1.:j T ...3 Ft., ......_/* .. at. - /- 4, •",. ••:' 1 ..„„, .. 4.. • ' i'i 1 /4?)t 4411%rril"Ftt"" • A • . _. d# • 1,-„, a 41P ...-, 74, Mayport r.. ,.J .,. 44, I ' .•64'. • : , ...„....04...- 461010 .• . 1r s - ... - . • _ .. .. ....... g 7 . : .'"'"'- : •41 4hei -----_,-- --. _ ,lo .1114-YPort Rd.utio, .., , - • •,,tierSellt4.4.,•41.4....-4....,..•4404144:,a N ‘ .11‘11111641-..!-;Idea iillamlika. - _ t el'Alt, b. 4 4 V _ -... ..;•11, - - :-. • : ... ....„ • :i l"p 41.... '`-11,•• • ...-.....• -7. ••• f • , t - ..-'•'' li ''• .P LI is:, • : 1"--- - 'fiel/- -1."--- i i • N, IF .1F ' lip . _ _ . ' i ir.,-,.•••••.4.11•16. 4 Commiss & PX: aSryhopping L. b*AO IIEXHIBIT (E) ...,/ Aerial Photograph ‘ . 1 • I i 4 r II i..._ „.4 itott . 4....) ...,., 4 1 ''...,tylkS 14 . 4 4'9"? I d/ Ay.. • APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 10 SITE DESCRIPTION The site is approximately sixty-eight acres in size . Most of the eighteen acres that border Selva Marina Drive are hardwood wetlands. There is a ditch running east-west across the northern third of the property and drainage ways along both Selva Marina Drive and Mayport Road . There is a borrow-pit lake located in the central portion of the property. The area to the east of the borrow pit is vegetated by scattered pines and palmettos. Most of the property to the west of the borrow pit has been severely disturbed in recent times by the excavation of the borrow pit and the clearing of vegetation. The highest areas on the site are along western edge of the property. The elevation gradually descends from an elevation of thirteen feet msl to eight feet msl at the borrow pit . From the borrow pit to the eastern edge of the property, elevations gradually drop to three feet msl in the creek. (See Exhibit F) 1 THE HASKELL COMPANY .- i T -� ---y-- - T\-1; 1.2 i \L, ) f\' 1 ) ) \7 6 --1- 1--- :7.• k_T____------- ___L__,-1 ) r1°)/ 9 i ,-i' • . 4\ ,...,,1 C,,,,-__,--'- 1->. `i r �5 r Assisi _ �_� ! J� Spoil Area - - gar (l Lane 60' Easement____ t'' • 6 5// $! \ ' I .\\,,, \ \ ' // 4 l I Borrow-Pit V\16 }\ _ s 1 Ei�� 11\t.1 ‘,,‘ ,(1 (.4 E \ . / ,.S) ' 1 > \! 4 \ 111 6 \ idt 5 i ' S 41 • Qi 55' D.O.T. ,,. 2 \ � ,\1 ', 1___,H-/ / P \ ; Drainage Easemen 1 , , , \ ip m� \\i,\,, ____\ 5 Etj \ 11 1—C 1 (._,.‘ ) C • 711i \I V / i 1 27 i • =- ' * r\ip / –.....—_-. --- -,- -I /\ Existing Topography 4 N.T.S. EXHIBIT F APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17 , 1988 Page 12 ZONING STATUS Presently the eastern half of the property is zoned Open Rural (OR) . The western half of the property was designated for development as a Planned Unit Development (PUD) . The property is bordered by residential development on the east , recreational and residential to the south, and commercial to the west and north. (See Exhibit B ) THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 13 COMPREHENSIVE PLAN DESIGNATION The Future Land Use Map of the comprehensive plan designates the northern third of the property for Low Density Residential ( 1-4 units per acre ) ; the southern two-thirds of the property are designated for Medium Density Residential (5-10 units per acre) . A request to amend the local Comprehensive Plan is being submitted concurrently with this request . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17 , 1988 Page 14 PROPOSED COMPREHENSIVE PLAN DESIGNATION This application requests that the existing Comprehensive Plan Designation be changed to Planned Unit Development (PUD) . (See Exhibit 3 ) The PUD designation is compatible with the current Comprehensive Plan Designation in the area . These designations include Low and Medium Density Residential , Recreational and Office . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 15 PROJECT DESIGN Fleet Landing will consist of 275 Independent Living Apartment Homes , 150 Independent Living Patio Homes , and 14 Independent Living , single-family homes . Fleet Landing will have a Health Center which will contain 60 licensed Skilled Nursing Beds and 60 Assisted Living Units licensed under the ACLF rules . Fleet Landing will have a Community Services and Wellness Center containing the administrative offices and dining facilities . It will also have meeting rooms , a library, worship space, exercise , hobby and craft areas , a beauty and barber shop, and a down-sized convenience store . Adjacent to this building will be a swimming pool , whirlpool, tennis courts, and shuffleboard courts. Walk- ing paths are also planned. The non-residential buildings have an approximate floor area of 116, 500 square feet . (See Exhibits G, H, and J) THE HASKELL COMPANY I . STATISTICAL S&WARY A,-a 1-- SITE AREA 70 ACRES T ` LAKE AND OPEN SPACE 23 ACRES t I J 4!-.. / PRIVATE RIGHT-OF-WAY 7.9 ACRES • - H SETH ENTER HEALTH CENTER 75.000 SF • ^ UNIT PNOFLE ♦ `� 90EPF►00FT L1VNC 1 MULTI-FAMILY 1 270 DU 4 PATIO HOMES 1 MULTI-FAMILY 1 150 00 MANOR HOMES 1 SOLE FAMILY 1 1•DU fr 111 L�t ' FAMILY�/` F TOTAL 439 W ' . `��. DENSITY BJ DU ACRE v i �- v 4 J4 • TENNIS AND SCHUFFLEBOARD COURTS - le/. ik v . to MAINTENANCE •,1 aWETLAND PRESERVE . ' eillA . fir/, 8 441. • ir-41*AL'' 4 -N, f:7- 41 ' , '-- 0 lit ' ' 11) 4111 - - ,/„ '. : -.1 _._.'''• -4, : , . if,6411,,k-(, __,..-.,. Aka. -"irk- Ili ..„ : 3104 I / ' • , ----.( \ /1 1 _ Il t- �. . r , :. ( ' . itiovatIctili, IP i �, r . -8 1 & Y I bi- -L-L- - .' 411° 7 ye-. / COMMUNITY SERVICES M. .it _ AND WELLNESS CENTER ! ". ` , 1 a . - • ----, 'Y' • # . . : 4 •/ r . ` �j INDEPENDENT LIVING _ Ilk 1 . ' •' 0 4111(' '''... -.../ - -- apt , I ''. . L. LI >rA I l 4- r1 , . . 4104i ''""St r_4.. ..... t_ , , , . 4 I` ' i;144 - 1 MANOR HOMES ..''' 46'. ciiiip ._ ..o%w, A1 lb - PATIO HOMES - `/ ?( ,-'1t ,,-Y I _ I :'-:"."--1-• lilt,, i' ll t -L.- 1 . 1 I' ` .r . 0 fit - O Ei- 0 -. 44; 1 '� ' - t 4.4101:04 ,.,, . ..,..../.....it. ( 16' 10...,...s .. irt . ..„. .. , , _ • 1.V .-:ic.I.p dr-- ,. t - • i_ 1, t ,o., _..._ , A f r j, . IIY allimmommt EXHIBIT (G) FLELI Site Development Plan 0 0 50 ,00 N THE HASKELL COMPANl ` ANDI1f ,/ — r- - r----1 ---l _ 7 r- -} r--' [ ._� [__ _ 1- --1 1. _ | l- ^. ~ ._ _ - ' � ^ ° � � - -_�� __ _- _ � . 1Z1111141°-' . • . 4,......... • , ,,, 1r ,,., • Ai • • • - .• • ,.... No,,... ... . , ,,. , _, ,. _ ,,i, . , 0, ''•.. • .11 4:v • . •t '. • .1.-1°14, I . rt ,•ff'riti . .a 46:11.0. dilikicip;k"4 -.i f. ' ' .11$1 . . 4: R.7 • iliiii. - . -7 ........,__ --__ 1444 , Model Photo Looking From Selva Marina Drive ,- - _ _ ,'� , ` _ • :• ~ .- ' ,_ 1�. ` ,* A �' 1 "t +om 1'' t. % .r. .q `,.:5 2 �` ' •! ,'+ - sY y;,, - fr s "- ' — _ ...... ... , 4, ...„ .......'zv,-.. "ra,'''' , - 1 ,-„,„ai is,, c.':., Al. , — sii,t..,, . ti Lill • •• ,``,� ,•r1 ;.. ► � Lam '- 1....'• 1101 , . • irelhoi---...4.1„ _ , ., ,,,ve.- .„ . f_.....„. 34f4 0 • .1111[11 . - '•..,-,-- 40---- - .t P OP ;r ., ,kip, ° �` �t ' ( �• " i. �.r� moi ...- • �G• . '44{ y sV r1.-, '1144t '..41111 .IIH' ' --—,._ • , '‘,.._:, - -, - -. . • ,i0Als' , - -, . - . •„1., lot EXHIBIT (J) - 7 Model Photo Looking North- west Toward the "Community Services and Wellness Center _ and the "Health Center" APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17 , 1988 Page 19 PHASING The project is compact and the facilities and residential units are interdependent . For example, the Community Services and Wellness Center would be of little value without community residents . Likewise , the residents will be dependent on the facilities and services provided by the Community Services and Wellness Center. Therefore , this project does not lend itself to conventional phasing and is designed for complete build-out in 1990. It is possible, however, to describe the construction sequence. After State , Federal , and Local approvals are obtained, the grading and drainage work will begin. The earth work will be followed by the construction of roads and utility infrastructure. Building construction will then follow. The nature of the work and the short time frame for development means that there will be overlapping of these activities. If there is any phasing , it would probably be the construction of the last 100 - 120 residential units as a final phase . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 20 OBJECTIVES FOR THE COMMUNITY The primary objective of Naval Continuing Care Retirement Foundation , Inc. , is to keep persons independent for as long as possible with professional medical intervention as necessary to return the aging person to a state of wellness . The organization will provide food service every day of the year. There will be an ADA Registered Dietitian available to all residents for special dietary counseling . Also available will he physical and occupational therapy, laboratory services , audiology, speech pathology, and radiology. A podiatrist and dentist will be available . For any medical services not available within the organization, a transportation van will transport persons to necessary medical services. Naval Continuing Care Retirement Foundation, Inc . , intends to operate on the basis of lowest reasonable cost to its residents . Fleet Landing will operate under a Certificate of Authority issued under provisions of Florida Statute Chapter 651. It is a declared policy of Fleet Lnading that a Resident ' s occupancy shall not he terminated solely for the reason of the financial inability of a Resident to pay the Monthly Service Fee , provided the Resident applies to Fleet Landing for dispensation of the fees and establishes the facts which justify special consideration and dispensation. Such an application for special consideration and dispensation of the fees may be granted by Fleet Landing provided such special treatment does not impair the ability of Fleet Landing to operate on a sound financial basis . Fleet Landing does not contemplate pecuniary gain or profit , incidental or otherwise. THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 21 THE COMMUNITY CONCEPT Fleet Landing is a retirement community designed to meet the special needs of the United States retired career military officer and the spouse , or the widow of the military officer. It is located less than two miles from the main gate of Mayport Naval Station. The Naval Station will provide many of the benefits United States retired military personel are entitled to, i .e . , limited health and dental care , commissary and recreational facilities . The retirement community itself is designed to provide a continuum of services and care including Independent Apartment Home Living, Home Health, Assisted Living , and Skilled Nursing. The Independent Apartment Homes will contain an emergency nurse call in the bedroom/s and bath/s. The bath/s are specifically designed with grab bars to provide for safety and to keep the elderly person independent for as long as possible as he ages in place . Home Health services will be available to provide intermittent professional nursing services as well as other allied health professional disciplines in the apartment home. Assisted Living is a level of care and service applicable to persons no longer able to live independently, but not requiring professional nursing services . Assisted Living will be private studio-type apartments, but without kitchens . It will be staffed around the clock by trained nursing assistants . The facilities will contain a dining room, activity spaces , and living room. It will share worship space with Skilled Nursing. Assisted Living is to be licensed under Florida Statute, Chapter 400 , Part II . Skilled Nursing will be staffed around the clock by trained nursing assistants, supervised by professional nurses, under the direction of a Medical Director who will be a Florida licensed physician. The facilities will contain a dining room, activity spaces , living room space , worship space, physical and occupation- al therapy space, a day room with ice cream parlor, various other office spaces to support the professional and clerical staff, and a clinic to serve the "well residents" of the retirement community on an "out-patient" basis . This facility is designed to meet the most current ideas of the social components of care , not just what is necessary to meet strictly the physical needs . Skilled Nursing will be licensed under Florida Statute 400, Part I . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 22 THE ORGANIZATION Naval Continuing Care Retirement Foundation, Inc . , will operate as Naval Continuing Care Retirement Foundation, Inc . , d/b/a Fleet Landing . Naval Continuing Care Retirement Foundation, Inc . , hereinafter referred to as Fleet Landing , is organized to operate as a Home for the Aged within the meaning of Section 501 (c) ( 3 ) of the Internal Revenue Code . Fleet Landing is a Continuing Care Retirement Community marketing under a Provisoinal Certificate of Authority as provided for in Florida Statute Chapter 651 . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 23 MAINTENANCE AND OPERATION Maintenance of the entire facility will be the responsibility of the Fleet Landing. This includes the health facilities, recreation facilities , streets, water lines, sewer lines, all landscaping and the drainage system. The City will not have any responsibility for the maintenance or operation of the infrastructure of facilities in the development . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 24 CONSISTENCY WITH THE ATLANTIC BEACH COMPREHENSIVE PLAN Under each of the goals in the Atlantic Beach Comprehensive Plan there are objectives which identify specific methods for achieving these goals . While the proposed development is consistent with all of the objectives of the comprehensive plan, some of the objectives under each goal merit special attention. 1 . "Promote the development of financial, retail , and service facilities capable of meeting most of the residents ' daily needs at the neighborhood and general community levels . " Fleet Landing will be providing many services including recreational facilities , health care, restaurant facilities, and banking facilities as part of the proposed development. 2. "Minimize the impact of urban development on natural environmental systems of the locale and the region. " Fleet Landing will be preserving approximately seventeen acres of hardwood wetlands which accounts for almost 24% of the total site . Additionally, the storm water runoff from the developed areas will be directed into a drainage system designed to remove suspended solids and assimilate dissolved nutrients before they leave the site . 3. "Encourage a development pattern that provides local residents and visitors numerous opportunities to come in contact with and enjoy natural features of the area during their everyday activities . " The hardwood preservation area is adjacent to Selva Marina Drive and will be visible to the public from the road. Residents will of course have access to the seventeen-acre, plus or minus , preserved area. 4. "Encourage a development pattern that recognizes developable land as a limited resource and uses it efficiently and effectively to provide adequate space for all activities in the area ." The sixty-eight (plus or minus ) acre site is designed and layed out to accommodate the 439 residential units, 60 Assisted Living units and a 60-bed Nursing Care Facility and other amenities while protecting the natural areas . f` THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 25 5 . "Ensure that the networks of facilities, utilities, and service function at a high quality level and in the most economical manner possible . " The infrastructure and facilities on the site including roads, water, sewer and drainage will be operated and maintained by the Naval Continuing Care Foundation, Inc. , which will manage the community. 6. "Provide public transportation as an alternative for those, like the young or aged , who do not have easy access to private transportation. " The internal shuttle system and the regularly scheduled transportation to shopping areas , for sightseeing and to the Naval Air Station, will contribute to the City 's overall effort to achieve this objective . The Fleet Landing Development is consistent with the specific development policies which are designed to implement the goals and objectives of the comprehensive plan. These polices are listed on Pages 12 through 15 of Volume III of the Comprehensive Plan (Appendix A) . The following discussion emphasizes how the proposed development will be consistent with the comprehensive plan. The proposed development will be designated to meet state and federal standards for air and water quality. Construction in flood prone areas will be minimized. All finish floor elevations will be above the 100-year flood elevation. The development provides for recreational facilities and the preservation of open spaces . This project is based on the inclusion of nonresidential uses in the development plan in order to provide the facilities and services needed by the resident population. The developer will be providing for the construction of water lines , sewer lines, and lift stations , etc . , that are needed to extend adequate services to the site . The developer will cooperate with the City for the construction of infrastructure to the benefit of other developments in the area. THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 26 INFRASTRUCTURE AND UTILITIES SEWAGE TREATMENT The City has sewage treatment availability which could accomodate the waste generated by this development . The developer will cooperate with the City relative to the extension of lines to the site and the construction of other improvements needed for the City ' s system. The impact fees for• connecting to the system and the cooperative effort for off-site improvements will assist the City in providing these services. A comparison of the sewage generation between the existing Land Use Designation and the Proposed Land Use Designation is shown in Table 1. POTABLE WATER Atlantic Beach presently operates two water treatment plants . The two plants presently have an existing capacity of three million gallons per day. There is ample gallons of capacity available for this project . (See Table 1 ) SOLID WASTE It is planned that Fleet Landing will have at least two centralized locations for dumpsters . One is to occur in the Receiving Area of the Community Services and Wellness Building , and the other to occur in the Health Center Receiving Area . These dumpsters will require emptying at least six days of the week. Trash will be removed from the three apartment buildings on a daily basis by Fleet Landing maintenance, and delivered to one or the other centralized locations . Trash pick-up at the Patio Homes and the Manor Homes will be curbside , two times per week , utilizing vehicles provided by the City. The City may have the option to utilizing a vehicle which will do the curbside pick-up and deliver it to a centralized dumpster location. THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 27 Table 1 A COMPARISON OF THE CURRENT AND PROPOSED LAND USE DESIGNATIONS ON SERVICE REQUIREMENTS Current Proposed Land Use Land Use Designation Designation Resident Population 1, 988 * 720 ** Traffic Generation 3, 960 1, 734 (average daily trips ) Water Consumption 397 , 600 181 , 000 *** (gallons per day) Sewage Generation 298 , 200 135, 750 *** (gallons per day) Solid Waste Generation 6, 966 4, 350 **** (pounds per day) * This is based on an estimated 23 acres of low density at 4 units per acre and 45 acres of medium density at 9 units per acre. Occupancy was estimated at 4 persons per unit which is the number used by the Atlantic Beach Public Works Department . ** This figure is the total residential population of the community. Some of the nursing beds and assisted living units will be permanently occupied, others however will be used intermittently by full time residents of the residential units. *** These calculations include the water and sewer demand which will be generated by the staff and facilities as well as the "residential use" . **** The standard assumption of 6 pounds per person per day includes solid waste generation associated with off site commercial areas and services used by the individual . Therefore only the nursing and assisted living facility were credited with 1/4 pound of additional waste generation per bed. The waste produced by the other service and commercial areas on site is assumed to be part of the 6 pound per capita generation standard . THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17 , 1988 Page 28 DRAINAGE The site currently drains partially into the Sherman Creek Canal and partially into existing ditches which eventually connect into the Sherman Creek Canal at the northwestern corner of the property. The canal then flows north out of the site . After development , runoff from the site would be directed to a new lake system for detention and treatment before discharge into the Sherman Creek Canal . The actual design of the retention/discharge system will be developed in compliance with the standards of the St . Johns River Water Management Disterict, U.S Army Corps of Engineers and Florida Department of Environmental Regualation during the permitting processes. ELECTRICAL POWER In the City of Atlantic Beach, Jeacksonville Electric Authority (JEA) is responsible for supplying electricity. Presently the JEA has the existing capacity to accommodate this planned development . Emergency power will be provided for key electrically driven services during power outages. (See Section on Emergency Power. ) THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 29 COMMUNITY SERVICES TRANSPORTATION Within the community there will be an internal shuttle service and bicycle paths for the residents . There will be scheduled transportation for residents going to Mayport Naval Air Station, grocery stores, shopping centers, churches , and other areas of interest . These planned transit features combined with the provisions for shopping , services and recreation within the community should serve to minimize the impact of the development on the highway network. The attached traffic study prepared by Harland Bartholomew and Associates , Inc. (Appendix B ) , indicates that this development , at peak hour, will not have a significant impact on the traffic in the area and will not affect the level of service . Two segments of Mayport Road will be operating at level of service F in 1990, with or without this development . Peak hour traffic from the Fleet Landing development would be less than 39 vehicle trips and account for approximately 1% of the total traffic . This impact is significantly less than would be anticipated under the present land use designation. The developer will be working with the Florida Department of Transportation to appropriately design and construct the project entrance at Mayport Road and Assisi Lane. The improvements will probably include addition of turning lanes into Fleet Landing from Mayport Road as well as a left turn lane coming from the project onto Mayport Road. POLICE AND FIRE PROTECTION Access at both entrances to the development will be controlled thus preventing the possibility of through traffic . There will be security personnel on-site twenty-four hours a day to deal with minor security issues which will reduce the demand for City assistance . In each independent living unit there will be emergency signaling alarms which will connect to the Health Center. Fleet Landing staff will then either forward the call to the appropriate agency or deal directly with the call. THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 30 Access to the Fleet Landing community will be from Selva Marina Drive and Mayport Road. The two entrances allow alternate access for emergency fire, health and police vehicles, to insure public safety and welfare . During a hurricane evacuation, the major route will start at the Mayport Road entrance . RECREATION In addition to indoor recreation activity areas including an auditorium, library, game rooms and exercise rooms, there will be tennis courts, shuffle board courts, a heated swimming pool and a recreational lake with walking paths . The City ' s Comprehensive Plan recommendation identifies only two types of special recreational facilities for residents of the age class which will reside in this community. One tennis court per 2, 000 population and one shuffleboard court per 1, 000 population are recommended. With a maximum of 720 residents, the planned facilities will be far in excess of the City's standard. The restriction of residency to retired military personnel means that residents will also have access to nearby military recreational facilities . It is therefore not anticipated that this development will have any significant impact on the existing or planned recreational facilities of the City of Atlantic Beach. THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 31 FLOOD PLAIN DEVELOPMENT The proposed development is partially located within a 100-year flood zone area . The 100-year flood elevations have been described for this area in a letter from Mr. A. J. Salem, Chief, Planning Division, to Mr. Richard C. Fellows, City Manager of Atlantic Beach, dated July 14, 1986. In addition, the Flood Insurance Rate Map (FIRM) has been revised for this area indicating the elevations discussed in Mr. A. J. Salem' s letter. The revisions have been incorporated into a draft of the FIRM. Following the guidelines established in the letter and the revised FIRM map, the design of the floor elevations will be set at one foot above the 100-year flood elevations as required for flood insurance . In addition, the primary roads and exits will be set above the 100-year flood elevations for evacuation of the facility . (See Exhibit F) THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 32 HURRICANE EVACUATION There are no hurricane shelters in the City of Atlantic Beach. In a Class IV or Class V storm most of the City will be under water. The Foundation will maintain and update quarterly a list of those residents who have special evacuation needs . This list will be provided to City Emergency Management Personnel . Additionally, the assisted living facilities and nursing facilities, as well as other critical facilities, will have an emergency power system. These facilities will be constructed above the Class II storm surge. The Health Center and the Community Services and Wellness Centers may have the capacity to serve as shelters for community residents during Class I-II storms . Evacuation is not planned for a Class I or II hurricane. THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 33 Table 2 STORM SURGE ELEVATIONS Hurricane Class I Class II Class III Class IV Class V NAS 3. 9 7. 3 11. 4 13. 8 16. 2 Mayport Rd. 3.7 6. 9 9. 1 13. 3 16. 8 Atlantic Blvd. 0 7. 7 0 12. 8 16. 4 HURRICANE EVACUATION PLAN Fleet Landing will have a written Disaster Plan, which will include a Hurricane Evacuation Plan. The plan will be coordinated with Civil Defense, the Fire Department and Police Department , and the Department of Health and Rehabilitative Services. An outline of the plan to be developed would be: 1. Hurricane Watch: Check supplies as listed below. Keep radio and television tuned to stations broadcasting weather reports . a. Battery operated radio plus extra batteries . b. Flashlights with extra batteries. c . Mops/buckets/wet vac . d. Three day supply of medicine for each resident in addition to first aid supplies. e. Call bottled water supplier for emergency water supply. f . Tape to repair windows as necessary. g. Confirm transfer agreements with Jacksonville receiving facilities . h. Update staff recall list and place all off duty staff on standby. THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 34 2. Hurricane Warning: (Storm will strike within twenty-four hours) a . Insure that water supply and drugs have been delivered . b. Secure buildings and grounds. c . Make emergency staffing assignments for both on- and off duty personnel . On-duty personnel will shift to the Emergency Staffing Plan contained in the Disaster Plan (twelve-hour shifts) . d. Off-duty personnel will be given pre-assigned duty stations at specific receiving facilities , in the event of an evacuation order. 3. Hurricane Class I - II : a . The Disaster Plan will have specific departmental instructions for them to carry out . 4. Hurricane Class III - V: a. The evacuation order will be obeyed. b. The evacuation order will be passed to residents having their own transportation. Residents without transportation will "share a ride" with those who do, including the Health Center. Staff-owned and Fleet Landing-owned vehicles will be utilized fully. It is estimated that a minimum of three hundred vehicles would be available. c. Drivers will be given written the evacuation route and directions to a receiving facility, such as a Jacksonville nursing home, church, school , etc . d . Medical Records and Licensed Nursing personnel will transfer Health Center charts, narcotic and medication records , with the Health Center patient to the receiving facility. e . Fleet Landing Community Services personnel will notify next of kin or other person for Health Center residents. f . The Department of Health and Rehabilitative Services will be notified of the evacuation and transfer points . IlL THE HASKELL COMPANY APPLICATION FOR CHANGE IN ZONING CLASSIFICATION Fleet Landing June 17, 1988 Page 35 EMERGENCY POWER An emergency generator will be provided for each Independent Living Building . This generator will provide back-up power to all Life Safety systems provided for each buildign in the event that utility power fails during an emergency. Exit signs and egress lighting will be wired into the emergency circuit . The fire pump will be provided with a transfer switch/controller as described in NFPA 20 . The Health Center will be provided with an emergency generator. This generator will provide power in the event that utility power is lost to the Life Safety or Critical branches of the electrical system. The Life Safety branch will be tied to the generator via a dedicated transfer switch . Power will be restored to this sytem within ten seconds upon loss of utility power. The systems listed below are powered from the Life Safety power panel ; egress and exit lighting, nurse call system, paging system, fire alarm system, corridor, passageways , stairs , landings , exit doors and approaches to exits, exit discharge paths, exit signs , dining and recreational areas , task illuminator, door alarms , one outlet beside each bed. The Critical Equipment Branch will be tied to the generator via a dedicated transfer switch . Power will be restored to this system after the Life Safety System is properly energized . The systems listed below are powered from the Critical Equipment power panel; one of the elevators , generator battery charger, receptacles in the patient rooms , medical prep , etc . , and some task lighting . A generator annunciator/control panel is located at the First Floor Nurse Station . The Community Services and Wellness Center will be provided with an emergency generator. This generator will provide pwoer in the event that utility power is lost to the Life Safety of Critical Branches fo the electrical system. THE HASKELL COMPANY