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HomeMy WebLinkAboutP&Z & CAB documents about Beachport Townhomesk the page —Counts include this page Dates of Record Dates of Record Item No. Records Series Title From: To: No. of Pages 1 Discovery Bay Subdivision Tower Boulevard Site work for sewer and water lines & construction of street (manatee Bay Drive) 1993 1993 1993 11 2 7677 Mangolia Ave Biscontine Bldg Permit No. 43 ??? 3 3 620 Madison Ave. Screen Enclosure 1991 Pool Plans 1973 Topo survey (no date) block wall (no date) 1973 1991 25 4 617 Madison Ave. Floor Plan 1988 2 5 515 Madison Avenue Shed 1991 House Refurbishment 1999 Bedroom Extension 1999 Screen enclosure 2000 1991 2000 22 6 Plumbing 401 & 403 Madison Avenue 1999 2 7 401 & 403 Madison Ave. Retention calcs., engineering inspection reports, property survey, energy calcs., Roof truss layout, plumbing plans, & Construction Plans 1999 31 8 340 Madison Avenue screen enclosure 1995 6 9 302 Madison Ave. New Roof 1997 1997 2 10 211 Long Point Road topo/boundary & tree survey 1987, construction plans 1987 1987 3 11 111 Justamere Road Carport 1993, mobile Home set-up 1995, concurrency For shed & Driveway 1995, Shed & driveway plans 1995, swimming pool plans 1995 1993 1995 29 12 306 Lindsey Court Roof truss layout, electr. layout, Energy calcs 1989, Pool plans 1999, Property survey 1989, spiral staircase plans 1999 1989 1999 39 13 Lindsey Court Roof Truss layout Recorded deed 1991 Survey lots 17 & 181989 misc. Correspondence 1989-1991 electrical layout 1991 Boundary & Topo survey 1988 1988 1991 63 14 105 Lincoln Ave. New bathroom (constr. Plans) 2000, Addition Plans 1982, Addition Plans 1966, Addition Plans 1984 1966 2000 13 15 421 Lincoln Ave. survey 1996 , 1996 7 16 603 Manatee Bay Drive Single Family Residence construction plans, truss layout, Property survey Oct. 2000 — May, 2001 2000 2001 51 17 Radisson Resort 8701 Astronaut Blvd. Truss layout 1999 eng. Reports & correspondence 1999 Fire Alarm System 1999 Fire Sprinkler Plans 1996 & 1999 1996 1999 184 18 310 Lincoln Ave. Duplex energy calcs. 2000, Survey, Construction Plans, insulation cert. 2000 2001 34 19 419 Lincoln Avenue Survey 1996 Shed 1998 truss layout 1996 1996 1998_ 7 20a , P&Z & CAB documents about Beachport Townhomes,,,z - " 4-'.4 "" ' 2001 `` -100 - 3eic , f r+ Touin hones �* 5i4e Fran Y. Z '!'floc IufS 13 }111, b/ocKZ, Awn ky 4l,e Sea Tuesday, February 13, 2001 10:41 AA - Todd Peen 4072491603 p.02 To: From: Date: Subject: Memorandum Morris Reid, Building Official Todd Peetz, City Planner February 13, 2001 Beachport Townhomes 12t Submit My comments in reviewing the proposed site pl It would appear the site plan meets City zone requirements. However, the site requires a maximum impervi percent, per Sec. 98-111. The site is 12,500 s plan identifies 7,830 square feet of impervi percent of site coverage. Stacking the units reduction of sidewalk coverage may reduce th by approximately 2,000 square feet. Unfortun meet the 40 percent impervious surface require Options may be to stack and reduce each their size but with one less unit. A caution units, the minimum height is likely to be 3 permitted height is 45 feet, the character of th should be considered. Achieving the maximu be in character with this residential neighborh I am available to discuss this further. If you free to contact me at 407-249-1503 or by E- 'IL COPY g, setback, and parking s surface coverage of 40 are feet and the pre -plat s surface area or 62.5 n the garage and related impervious surface area tely this is not enough to ent. t size or stack, main note is by stackin -35 feet, while maxis residential neighbor permitted height may not tain the gum food ave questions, please feel Planning4u2@aol . corn. MEMORANDUM TO: Morris Reid, CBO Building Official FROM: Ed Gardulski Public Works Director RE: Site Plan Review, 1st. Submittal Beachport Townhomes DATE: February 5, 2001 I have reviewed the submittal of the site plan for the above referenced project. The following comments are: 1. Note Ductile Iron Pipe (DIP) shall not be utilized for sewer lines. 2. Property drainage shall not discharge to neighboring property. 3. The Reuse water is available and applications are available at the Public Works Department. 4. Reuse water services need to be on the opposite side of the potable water meter. Also, recommend that reuse irrigation line extend to the rear of each property. See attached drawing depicting suggested location. 5. Sewer laterals for each Townhome shall have their own line to the City's sewer main with clean -outs located at building and at property line. No Townhome sewer line laterals shall have a common connection. See attached drawing depicting suggested location. Sewer line connections shall be inspected by Public Works and shall have 24-hour notice in advance. 6. Have a concern about the number of large trees that will be removed. What action will be taken to save the large trees? Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. ,gcos(s) ys3 4351 requirements. CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. Serving the city of Cape Canaveral & Canaveral Port Authority To: Morris Reid, Building Official From: John J. Cunningham, Asst Fire ChieV. Re: Site Plan Review- (1st Submittal ) Beachport Townhouse Date: 02-07-2001 I have reviewed the site plan for Beachport Townhouse, at this time they meet all fire department c�2ri Zlnlvl da�lYlan:zn�ctan h53-y8� Station #1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4777 • FAX: (407) 783-5398 Station #2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 • FAX: (407) 783-4887 February 13, 2001 Mr. Morris Reid Acting Building Official Building Department - City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Site Plan Review - Beachport Townhomes - Review #1 SSA Job No. 2001-021 Dear Mr. Reid: SSA SSA has reviewed the January 30, 2001 submitted plans for Beachport Townhomes and have the following requests for additional information from the applicant: 1. Provide a copy of the exemption letter from the SJRWMD. 2. Areas used as retention cannot be developed in the future. Please clearly identify the retention area(s). 3. Provide calculations for retention area recovery. Need to show no major flooding on adjacent properties (need elevations). Also, please modify slopes around patio. 4. Provide plat information. Has this property been platted? Provide recorded document. 5. Provide a signed-& sealed boundary and topographic survey. 6. Comply with Article IV Stormwater Management Requirements. 7. Note sidewalks for 50 foot right-of-way shall be 5 feet wide. Also, where driveways cross have 6 inch thickness with 3,000 psi concrete. There may be additional comments once all required information is provided. If there are any questions regarding this information requested please do not hesitate to call us. This request should be coordinated with other City staff comments in order to finalize this project's review. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President - City Engineer City Engineer's Review Fee For Review #1 — $450.00 (Fee includes cost for Review #1 and #2) NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $70.00 per hour. J d 4i7)ol STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. /naiL # 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 /455 — 1 CQC�5 Lic. #AAC000329 #EB0000762 #LB0006700 `1 c:\dvihprojects\cape1-beachport townhomes.doc SSA INVOICE .V.W.f//////f/fffN.f/ffF////Ff.+.fff/fffWeVF///dHff//F/hYf////iffff/1f/4H////1ff////////////44MV1fFH/MNY//f/fff//fffffffiYh•H//N/bYf/f/f/Vo:C i}}•Fffi:?:h:+F.•i:+.+fl.I.f.?•i'f.?+•%+flrYfii::•::•i::•i?:•it+f.•ii%f/.4ff.+ir S•i�ffff.+A: City of Cape Canaveral Invoice Date: 02/13/01 Attn: Mr. Morris Reid Invoice No: 006140 105 Polk Avenue Client No: RC1075 Cape Canaveral, FL 32920-0326 Project No: 2001-021 Invoice for Services Through February 13, 2001 Site Plan Review - Beachport Townhomes STOTTLER STAGG & ASSOCIATES TOTAL DUE THIS INVOICE $ 450.00 450.00 ARCHITECTS • ENGINEERS • PLANNERS, INC r1 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 1..1 53 Lic. #AAC000329 #EB0000762 #LB0006700 -(1651 APPLICATION FOR SITE PLAN REVIEW FEE: 080100 DATE: 1 - 30 PROJECT NAME: (bOJO HOi-ttS LEGAL DESCRIPTION: l--C'�' l3 B� (� 2_ , Bco_ a -7 OWNER(S) NAME: Y L��� �l �, � -� IFS OWNERS) ADDRESS: 3390 E N. 4 T j ra PHONE NUMBER (2-) 4- 3 - 51 NAME OF ARCHITECT/ENGINEER: 4L35 —1 E PHONE NUMBER: APPLICANT'S SIGNATURE: PHONE NUMBER: 1/95 0 6'4 cb OWNER OR A 11-53 NT SITE PLAN PAYMENT RECEIPT Project Name: f5€eacheay4 . 1ux Y phIeS (Plat Fees Assessed as per Section 110-223, Appendix B, Schedule of Fees of the Cape Canaveral Code of Ordinances.) RESIDENTIAL: 1, 2 & 3 Residential Units $37.50 4 or more Residential Units $50, plus $7.50 per unit, not to exceed $500 Units at $50 & k Units at $7.50 = TOTAL- $ b0 COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL. $ SITE PLAN EXTENSION• TOTAL. $150.00 SITE PLAN RESUBMISSION: 50% of original fee .. TOTAL. ENGINEERING REVIEW DEPOSIT FEE: RESIDENTIAL: 1-10 Units 11-100 Units $1,000 101 & up Units $1,250 COMMERCIAL: 10 Acres or less $1,000 Over 10 Acres = $1,000 plus $75.00 per acre over 10 acres TOTAL ACRES: TOTAL ENGINEERING DEPOSIT RECEIVED: $ 4So PAID RECEIPT NO. DATED RECV'D :530'Ca 01='30 '4@5 05*530,00 SITE PLAN APPROVAL INFORMATION SITE PLAN APPROVAL PROCEDURE: Step 1. Site Plan Submittal and Review Required: Yes No New commercial building or structure? New residential structures with three or more dwelling units? Commercial additions exceeding 850 square feet? If yes has been checked on any of the above, a site plan submittal and review is required. Step 2. Submit five (5) copies of the site plan signed and sealed by a Professional Engineer, licensed in the State of Florida along with a filing fee to the Building Department 30 days prior to the Planning and Zoning Board meeting. (The Board meets the 2nd and 4th Wednesday of every month.) Step 3. Step 4. Step 5. The Building Department shall distribute the site plans to the following departments and return comments to the applicant within 10 days of its submittal. 1. City Engineer 2. Building Department 3. Fire Official 4. Florida Department of Environmental Protection (if appropriate) The applicant shall return nine (9) copies of the revised site plan along with written responses to all comments at least seven (7) days prior to a Planning and Zoning meeting. Compliance with Stormwater Concurrency Management. The Building Department will return one (1) copy of the site plan to the applicant marked with the Board's approval subject to contingencies (if applicable.) SITE PLAN CHECKLIST SITE PLAN INFORMATION: (General) Yey No ' N.A. Size, height, number of units and location of proposed and existing structures. Dimensions • Total gross area and percentage devoted to structures, parking and landscaping. Number of units Number of parking spaces and loading zones Traffic flow diagram Density (units per acre) Location and dimension for the following areas: Park(s) Canal(s) Waterway(s) Boat slip(s) Parking Swimming pool(s) Driveway(s) Recreation SITE PLAN CHECKLIST (CONTINUED) PAGE 2 Yes No N.A. I Trash Sidewalks Dune crossovers Other (specify) Type of enclosure for communal trash container(s) Fire alarm and standpipe data Vicinity map Location of planned landscaping Finished grades for the following: Entire parcel Finished floors Streets Parking lots Sidewalks 10" of adjoining property Details, sections and specifications Street lights Water and sewer • SITE PLAN CHECKLIST (CONTINUED) PAGE 3 Yes , No N.A. Paving and drainage Curbs Storm drains Sidewalks Engineer's seal on drawings Square footage of building areas Living Parking Other (specify) Total under roof Required notes: Sidewalk and sanitary sewers to be constructed to City of Cape Canaveral standards Water lines to conform to City of Cocoa standards Fire alarm system to be installed and connect to City of Cape Canaveral Fire Department standards. TOPOGRAPHIC. SURVEY USC and G.S. datum plane Existing street lights BUILDING DEPARTMENT SITE PLAN SUBMITTAL CHECKLIST (for office use only, reference section 110-221 through 110-224) 1. Project Name and Location: 13.eack Pori Iou tlgtc.e5 2. Planning & Zoning Board Meeting Date: maITh (L I /9,Q01 3. Zoning Classification: 'R a 4. Application date: 00101 5. Amount of fees paid (including engineering deposit: $ '{50, OD 6. Proper submittal: Yes V No (please specify) 7. Number of sets received: 5 8. Maintenance Agreement submitted: Yes 17 No N.A. 9. Date two (2) sets of site plans with calculations mailed to City Engineer: all lol 10. Date comments received from City Engineer: 11. Date called developer to pickup comments received from City Engineer: 12. Date Revised Site Plan was received from developer: 13. Number of Revised Site Plans received from developer: 14. Date Revised Site Plan was mailed to City Engineer: 15. Date Certificate of Approval received from City Engineer: APPROVALS (Must be processed during first review): 1. Date site plan was picked up by (CCVFD) for review: 2. Date comments received from CCVFD (if any): 01(101 3. Date site plan reviewed by Building Department: . Da-{e plan Qccked u P by P4tkc MEMORANDUM Date: January 30, 2001 To: Ed Gardulski, Public Works Director Todd Peetz, City Planner John Cunningham, CCVFD, From: Morris Reid, Building Official ,' ` Re: Site Plan Review - (1st Submittal) Beachport Townhomes FILE Please review the 1st submittal of the above referenced site plan to ensure that this project meets your requirements. After reviewing the site plan, please forward a memorandum advising this department that your comments have been satisfactorily addressed or if there appears to be concerns/comments, please advise. Please submit your review comments to my office no later than noon on Tuesday, February 13, 2001. Thank you. City of Cape Canaveral January 30, 2001 John A. Pekar, P.E. Stottler Starmer & Associates 8680 N. Atlantic Avenue Cape Canaveral, FL 32920 Re: Site Plan Review - Beachport Townhomes (1st Submittal) Dear Mr. Pekar: Please review for compliance the 1st submittal of the site plan for the above referenced project. Please submit your letter with all comments and red lined drawings; or letter recommending approval. This site plan will be presented to the Planning & Zoning Board on March 14, 2001 if all your comments have been satisfactorily addressed by March 6, 2001. Should you have any questions regarding this submittal, please contact me 'at the Building Department at 868-1222. Sincerely, 5`i)C- fYcsvu3 id Morris Reid, CBO Building Official 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net [Ike& kr+ Tewnhorne5 relimtnar¢ &Fla. p i s P Poi 6+5 11 ,13(0G%2) fivaabyfhc. sea. REALTY& INC.IN ♦3390-B N. Courtenay Pkwy. ♦ Merritt Island, Florida 32953♦ *Phone (321)453-4851 ♦ Fax (321) 453-4851 *Mobile (321)693-2195♦ January 22, 2001 City of Cape Canaveral Planning and Zoning Board 105 Polk Avenue Cape Canaveral, FL 32920 Dear Sir or Madam: The purpose of this letter is to request a Preliminary Plat review of the BeachPort Townhomes as submitted in the attached application and related information. I appreciate your time in reviewing this application and will be happy to answer any questions you may have regarding this request. cerely, Martin M. Gaydan DECLARATION OF PARTY WALL AND RESTRICTIONS AGREEMENT This Declaration of Party Wall and Restrictions Agreement made and entered into this day of , 2001, by Gaydan Construction and Realty Inc., hereafter referred to as "Declarants". W I T N E S S E T H: WHEREAS, Declarants hold fee simple title to the following described property: BeachPort Townhomes; LOT 13 & 14, BLOCK 2, AVON-BY-THE-SEA AS RECORDED IN PLAT BOOK 3, ,_PAGE 7, OF THE PUBLIC. RECORDS OF BREVARD COUNTY, FLORIDA. And desire to impose a party wall and restrictions agreement against the said land, which is intended to be, and shall be taken as, a convenant running with the land and as a limitation on its use. NOW, THEREFORE, in consideration of the conveyance by the Declarants of the land, or any part thereof, to successors, grantees, or assigns of the Declarants, be it agreed as follows, to wit: 1. That the foregoing recitals are true and are incorporated herein by reference. 2. a. That the common wall existing between the townhomes on the subject land shall constitute and remain a party wall, and that the respective owners of the townhome unit shall have the right to use said wall jointly with adjacent owner. b. No owner of the townhomw shall modify or alter party walls, unless approved and permitted by the city of Cape Canaveral building department. c. Should the party wall, at any time while in use by the adjacent unit owners, be injured or damaged by any cause, the same shall be repaired or rebuilt at their joint expense, provided that any sum received from insurance against such injury, damage or destruction shall be first applied to such restoration. 3. That all parties are restricted from modifying retention swells of the site unless expressly permitted by the governing authority. 4. It is further provided that this instrument shall be perpetual and that the convenants herein contained shall run with the Iand above described, and it shall have the effect to convey to any future adjacent owners of the subject unit. IN WITNESS WHEREOF, HAVE EXECUTED THIS INSTRUMENT ON THE DATE AND THE YEAR FIRST ABOVE WRITTEN. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD 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 , Who produced as identification and who did not take an oath, who executed the foregoing instrument and acknowledged before me that they executed the same for the purpose therein expressed. Witness by hand and official seal in the county and state aforesaid this day of , 2001. NOTARY PUBLIC, STATE OF FLORIDA 1 ♦3390-B N. Courtenay Pkwy. ♦ Merritt Island, Florida 32953♦ ♦Phone (321)453-4851 ♦ Fax (321) 453-4851 *Mobile (321)693-2195♦ January 22, 2001 City of Cape Canaveral Planning and Zoning Board 105 Polk Avenue Cape Canaveral, FL 32920 Dear Sir or Madam: The purpose of this letter is to request a• Preliminary Plat review of the BeachPort Townhomes as submitted in the attached application and related information. appreciate your time in reviewing this application and will be happy to answer any questions you may have regarding this request. cerely, Martin M. Gaydan DECLARATION OF PARTY WALL AND RESTRICTIONS AGREEMENT This Declaration of Party Wall and Restrictions Agreement made and entered into this day of , 2001, by Gaydan Construction and Realty Inc., hereafter referred to as "Declarants". W I T N E S S E T H: WHEREAS, Declarants hold fee simple title to the following described property: BeachPort Townhomes; LOT 13 & 14, BLOCK 2, AVON-BY-THE-SEA AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. And desire to impose a party wall and restrictions agreement against the said land, which is intended to be, and shall be taken as, a convenant running with the land and as a limitation on its use. NOW, THEREFORE, in consideration of the conveyance by the Declarants of the land, or any part thereof, to successors, grantees, or assigns of the Declarants, be it agreed as follows, to wit: 1. That the foregoing recitals are true and are incorporated herein by reference. 2. a. That the common wall existing between the townhomes on the subject land shall constitute and remain a party wall, and that the respective owners of the townhome unit shall have the right to use said wall jointly with adjacent owner. - b. No owner of the townhomw shall modify or alter party walls, unless approved and permitted by the city of Cape Canaveral building department. c. Should the party wall, at any time while in use by the adjacent unit owners, be injured or damaged by any cause, the same shall be repaired or rebuilt at their joint expense, provided that any sum received from insurance against such injury, damage or destruction shall be first applied to such restoration. 3. That all parties are restricted from modifying retention swells of the site unless expressly permitted by the governing authority. 4. It is further provided that this instrument shall be perpetual and that the convenants herein contained shall run with the land above described, and it shall have the effect to convey to any future adjacent owners of the subject unit. IN WITNESS WHEREOF, HAVE EXECUTED THIS INSTRUMENT ON THE DATE AND THE YEAR FIRST ABOVE WRITTEN. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD 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 Who produced as identification and who did not take an oath, who executed the foregoing instrument and acknowledged before me that they executed the same for the purpose therein expressed. Witness by hand and official seal in the county and state aforesaid this day of , 2001. NOTARY PUBLIC, STATE OF FLORIDA e� fi .ff•1- CAVOANCON$?RUOYION&REAL?YINC. ♦3390-8 N. Courtenay Pkwy. ♦ Merritt Island, Florida 32953♦ *Phone (321)453-4851 ♦ Fax (321) 453-4851 *Mobile (321)693-2195♦ January 22, 2001 City of Cape Canaveral Planning and Zoning Board 105 Polk Avenue Cape Canaveral, FL 32920 Dear Sir or Madam: The purpose of this letter is to request a Preliminary Plat review of the BeachPort Townhomes as submitted in the attached application and related information. I appreciate your time in reviewing this application and will be happy to answer any questions you may have regarding this request. Martin M. Gaydan DECLARATION OF PARTY WALL AND RESTRICTIONS AGREEMENT This Declaration of Party Wall and Restrictions Agreement made and entered into this day of , 2001, by Gaydan Construction and Realty Inc., hereafter referred to as "Declarants". W I T N E S S E T H: WHEREAS, Declarants hold fee simple title to the following described property: BeachPort Townhomes; LOT 13 & 14, BLOCK 2, AVON-BY-THE-SEA AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. And desire to impose a party wall and restrictions agreement against the said land, which is intended to be, and shall be taken as, a convenant running with the land and as a limitation on its use. NOW, THEREFORE, in consideration of the conveyance by the Declarants of the land, or any part thereof, to successors, grantees, or assigns of the Declarants, be it agreed as follows, to wit: 1. That the foregoing recitals are true and are incorporated herein by reference. 2. a. That the common wall existing between the townhomes on the subject land shall constitute and remain a party wall, and that the respective owners of the townhome unit shall have the right to use said wall jointly with adjacent owner. b. No owner of the townhomw shall modify or alter party walls, unless approved and permitted by the city of Cape Canaveral building department. c. Should the party wall, at any time while in use by the adjacent unit owners, be injured or damaged by any cause, the same shall be repaired or rebuilt at their joint expense, provided that any sum received from insurance against such injury, damage or destruction shall be first applied to such restoration. 3. That all parties are restricted from modifying retention swells of the site unless expressly permitted by the governing authority. 4. It is further provided that this instrument shall be perpetual and that the convenants herein contained shall run with the land above described, and it shall have the effect to convey to any future adjacent owners of the subject unit. IN WITNESS WHEREOF, HAVE EXECUTED THIS INSTRUMENT ON THE DATE AND THE YEAR FIRST ABOVE WRITTEN. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD 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 , Who produced as identification and who did not take an oath, who executed the foregoing instrument and acknowledged before me that they executed the same for the purpose therein expressed. Witness by hand and official seal in the county and state aforesaid this day of , 2001. NOTARY PUBLIC, STATE OF FLORIDA APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: (NOTE: SUBMITTAL MUST BE SUBMITTED A MINIMUM OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 'THROUGH 98-62). IS THIS A PRELIMINARY PLAT, RE -PLAT, OR FINAL PLAT? Ft2 —PLAT .r AMOUNT OF FILING FEE PAID: $eOeC0 AMOUNT OF ENGINEERING DEPOSIT PAID: $ LI Jd 1 Ci- DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: TIJIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO N.A. +/ ex(5 mej PROJECT NAME: —\-\ -0�T • lC i t 4 PROJECT ADDRESS: =4-6 cl (Adams ivenu ) LEGAL DESCRIPTION: LOT t 3& t 2 A .r6Y T OWNER(S) NAME: C�Y�A tJ L-t� ' (- C OWNER(S) ADDRESS: 3S 1O -E Mt 0OO t t ' P PROJECT ARCHITECT/ENGINEER: 711�� , PF-\� rI� PHONE NO. OF ARCHITECT/ N ER: i 1 g3" 550 APPLICANT(S) SIGNATURE: OWNER/AGENT PHONE NUMBER OF OWNER/AGENT: 4-S3 48,S7 MEMORANDUM Date: January 30, 2001 To: Ed Gardulski, Public Works Director Todd Peetz, City Planner John Cunningham, CCVFD From: Morris Reid, Building Official Re: Preliminary Re -Plat Review - (1st Submittal) Beachport Townhomes Please review the 1st submittal of the above referenced preliminary re -plat plan to ensure that this project meets your requirements. After reviewing the preliminary plat, please forward a memorandum advising this department that your comments have been satisfactorily addressed or if there appears to be concerns/comments, please advise. Please submit your review comments to my office no later than noon on Tuesday, February 13, 2001. Thank you. DECLARATION OF PARTY WALL AND RESTRICTIONS AGREEMENT This Declaration of Party Wall and Restrictions Agreement made and entered into this day of , 2001, by Gaydan Construction and Realty Inc., hereafter referred to as "Declarants". W I T N E S S E T H: WHEREAS, Declarants hold fee simple title to the following described property: BeachPort Townhomes; LOT 13 & 14, BLOCK 2, AVON-BY-THE-SEA AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. And desire to impose a party wall and restrictions agreement against the said land, which is intended to be, and shall be taken as, a convenant running with the land and as a limitation on its use. NOW, THEREFORE, in consideration of the conveyance by the Declarants of the land, or any part thereof, to successors, grantees, or assigns of the Declarants, be it agreed as follows, to wit: 1. That the foregoing recitals are true and are incorporated herein by reference. 2. a. That the common wall existing between the townhomes on the subject land shall constitute and remain a party wall, and that the respective owners of the townhome unit shall have the right to use said wall jointly with adjacent owner. b. No owner of the townhomw shall modify or alter party walls, unless approved and permitted by the city of Cape Canaveral building department. c. Should the party wall, at any time while in use by the adjacent unit owners, be injured or damaged by any cause, the same shall be repaired or rebuilt at their joint expense, provided that any sum received from insurance against such injury, damage or destruction shall be first applied to such restoration. 3. That all parties are restricted from modifying retention swells of the site unless expressly permitted by the governing authority. 4. It is further provided that this instrument shall be perpetual and that the convenants herein contained shall run with the land above described, and it shall have the effect to convey to any future adjacent owners of the subject unit. IN WITNESS WHEREOF, HAVE EXECUTED THIS INSTRUMENT ON THE DATE AND THE YEAR FIRST ABOVE WRITTEN. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD 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 , Who produced as identification and who did not take an oath, who executed the foregoing instrument and acknowledged before me that they executed the same for the purpose therein expressed. Witness by hand and official seal in the county and state aforesaid this day of ,2001. NOTARY PUBLIC, STATE OF FLORIDA 1 BUILDING DEPARTMENT PLAT SUBMITTAL CHECKLIST (FOR OFFICE USE ONLY, REFERENCE SUBDIVISION OF LAND SECTIONS 98-41 THROUGH 98-56) PROJECT NAME: f-.2204111)0(4 h PROJECT ADDRESS/LEGAL DESCRIPTION: IO 1 )1 f 1OCJC a &On by-1-11.(2.S'e(A-- P & Z MEETING DATE: %ail 14 ► 2000 SUBMITTAL DATE: Feb/ 3O ) a DO 1 ZONING CLASSIFICATION:i ..a FEES PAID (INCLUDING ENGINEERING DEPOSIT) :.$ 130 f O0 $ 4 50 (SUBMITTAL) (EENNGINEERING) NUMBER OF PLATS RECEIVED OF (9) REQUIRED): PROTECTIVE COVENANTS/MAINTENANCE AGREEMENT SUBMITTED: YES NO N.A. • DATE PROTECTIVE COVENANTS/MAINTNANCE AGREEMENT MAILED TO CITY ATTORNEY FOR REVIEW: FOLX€ i )31 I 0 ) DATE PLAT WAS COPIED TO CCVFD FOR REVIEW: i 1 31101 DATE PLAT WAS COPIED TO PUBLIC WORKS FOR REVIEW: 1131 10 P 4 z Te ji -rock! F!th DATE PLAT WAS REVIEWED BY_ : :: . : ' •" NT: 1131) 01 DATE. (2) SETS OF PLATS WERE MAILED TO CITY ENGINEER: 1 )31 (o I DATE COMMENTS RECEIVED FROM CITY ENGINEER: DATE CALLED DEVELOPER TO PICKUP ENGINEERING COMMENTS: DATE REVISED PLAT WAS RESUBMITTED FROM DEVELOPER: NUMBER OF REVISED PLATS RECEIVED (9) REQUIRED: DATE REVISED PLATS WERE MAILED TO CITY ENGINEER: DATE CERTIFICATE OF APPROVAL WAS RECEIVED FROM THE CITY ENGINEER: AYOANCONSYRUC?ION & REALY INC. ♦3390-B N. Courtenay Pkwy. ♦ Merritt Island, Florida 329530 *Phone (321)453-4851 ♦ Fax (321) 453-4851 *Mobile (321)693-2195♦ January 22, 2001 City of Cape Canaveral Planning and Zoning Board 105 Polk Avenue Cape Canaveral, FL 32920 Dear Sir or Madam: The purpose of this letter is to request a Preliminary Plat review of the BeachPort Townhomes as submitted in the attached application and related information. I appreciate your time in reviewing this application and will be happy to answer any questions you may have regarding this request. cerely, " Martin M. Gaydan FORM 104 • I f fl a C• ro m. J rt bx • c Or tx. (3i u ..a al. executive line WARRANTY DRED•(Statutory Form.) ' I• �� `J 4 • .pc "ti v.'.R t -:,(jii i Y. FL toifit. !;t t aI (Tbe tend. ••rresto. IAA ••grant.••• ►cralta shill be eoutru.d • so incloda all gender, and singular or plural as she context indicates.) Made this . 23rd day of April NEIL J. BEAULIEU, a single man of the County of Brevard y,•, 471 . . n"rl . • F L A. ,State of Florida HOWARD M. LEESER and JANET LEESER, his wife 213 Harbor Dr., Cape Canaveral, Fl. 32920 whose post -office address is of the County of Brevard , State of Florida linrga t1i:.That said grantor, for and in oonsideration of the sum of TEN and NO/ 100 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 following described land, situate, lying and being in ; Brevard County, Florida, to -wit: 84 33rtlnrrn . , grantor, an ;.Lot,14, Block 2;::AVON BY THE SEA Section 23, Township..24 South,:.. :Range: 34, East t :`tt ? ;; Lot 14, Block 2, AVON''BY: THE SEA, thereofas'recvorded in. Plat Book 3, Brevard County, Florida. All. located South, Range 37 East. ;all ; ;NT TAX.'W t.F:� to It ?a ER i:i=1+5-:; �,,. ,.�, • 3. ii!:'iEi7 .i?t :Lit Ccx: i:-:,rind G:.Flo kr.: Cc'.c'G•i‘-'"'" according to the plat Page 7, Public Records of in Section 23, Township 24 RECFEE:.;$ v.vvDr DOCST.:.$•:r:? INTTAX SER'CHG $..,. .:..... ;.:REFUND $ tilerk Circuit Court Beard Co. Florida REC'D PAYMENT AS DICATED FOR CLASS "C" INTANGIBLE & DOC• STAMP TAXES. SIGNED , grantee,, and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims'o 1::• all persons whomsoever.: . 3n Nth Signed, rantor has hereunto set grantor's hand and seal the day and year first above written. elivered in our presence: J - att NEIL J. BEAULIEU 250� rl ^.j..�m_ STATE OF FLORIDA f .F f :l l r,. r; ' .. COUNTY OF': BREVARD I HEREBY CERTIFY that on this day before me, an officer duly qualified to take:apkn ,wledgizie,'nts,personally .appeared NEIL J. BEAULIEU,. a single mean Ovi*.- j':? "Fl? ` to me known to be the person(s) described in and who executed the foregoie tr ent.•arZ ackrtgwledg• ed before me. the execution of same. ' r G + � �R.� Tin [ .o f}�l� (b�t. •. WITNESS my hand and official seal in the County and State last aforesaid this' ,nn,r PUBLiCr'Siattrof FlorldA.41IA iaQ t-Commission Expires:, March 18. onded thru MUROSKI and ASH • �..nc�erF I•Fr. A 1. 51 NWL" Cr1.. INC. - ORLANDO, FLOAIDA 7: 'C , .C), • ' 7',":7 • A:., • ._.) , ) - • . - 3 . . ..• : -..`.....':,....."?•..;:....!•' a..." : ''.1.4.,....: ,..,',....,:-....N.-:...:;:..., . ,....-_, ......,:„.} .,,,,,,,,1,... li. • Contract for Sale and Purchase FLORIDA ASSOCIATION OF REALTORS() AND THE FLORIDA BAR •-• ' )iiii;44•4 •••6t LI y. t.• t••• • . •;•, -7/kj Of el_OU TVEAIA y Loy /37.3 (Phone) i3 6 for Sale and Purchase and any riders and addenda ("Contract"). -6., ••••,•;•;- • • yil••'••:...• ,T• ;•, •,• • -:*3and - • A y1-1-fzu ••••__T 17M,, * 'K, • • THIS FORM HAS BEEN APPROVEUBY, THE FLORIDA ',ASSOCIATION OF REALTORSO-ANDTHE:FLORIDA BAR., 1 otfic . . c- ' ;•":•41F. •;;:.-Sti? ['', 1(1•74,t,., ;07 ene.v3 j)e titt---r A I-1 0 1.0 /7( rCa 4/, • • • AND .J rine' . cetc_ ACAPe -7e,41(Aie--iri4(•;,..Fl-•••'.3 T2o ("Buyerl r, - .c.s18 hone7 o Al 6y'tr4-C-x: SCA. ':COr.10 I 3i .•c A ,4 s 1.:ta • • TAX ; 7 4o . • 00 • •. ;10(h) Street addreas:'citY;iip; of the Property isi'"',"""7r" P.' ...,,'•••':•.."•• • • Property • . 7,* - • ,:7') ;pt. , .. • hereby agree that Seller shall sell and Buyer shall buy the following escribed real property and personal property (collectively "Property) pursuant to the terms and conditions of this Contract •• • • • • ••::1'.`'•'1"..;•••••tit.P. • • f: • • at.11:.." .• u.;• • • • lav/4-K.10 •••• ; (a) Legal description oi the Real Property located in, • • County, Florida: • .:'. • •••• ';" :•• • Tta, : • .• • -..;$1511.;PURCHASE I" • 16 PAYMENT: ..;-.-.., LJ ••'. • ; • ••• *17 (a) Deposit held in escrow by • -• • • ' •• • ` (Escrow Agent) in the amount of t• $ .-.64,18•••,:•!--(b).Additional escrow deposit to be made to Escrow Agent within' • days after Effective Date (see Paragraph III) in the amount of -.••• , • . . 6. !rt? Subject to AND assumption'of existing mortgage in good standing In favor of -• • 20 • :" •. s..-'•• • ; •ttl!cli ^ having an approximate present principal balance of • • • • .1.• tn•-•• • ,,,- • - • *21 •••;(d)NeW mortgage financing with a Lender (see Paragraph IV) in the amounebl'11-' • ' •:.•1;-• •-•• ;••••••"•••irP r‘,:r.;;(e) Purchase money mortgageand note to Seller (seerider for terms) in the amount of ••••••'•••- - • ••• '•••• .:•• • • • • • • : • • • • • $ • • 1. •-r;:ie• " • ' (f) Other: • ;CA.!? •1 "..,-..*21'1.;-"';_(g) Balance to•close by U.S:casnor LOOALLYIDRAVVN cashier's or official bank check(s) subjectto adjustments or prorations •••••• ••• • • •-•.!•;:.:',25111.•'''TIME FOR ACCEPTANCE OVOOFE,,;EFF,CTIVE'DATE; FACSIMIL:If this Offeilit iDiea6teol by and delivered to all parties OR FACT OF EXECUTION communicated in writing • „ . . • , ,$$ $ 0211.s-0o *26 betWeen the'parties' on or before r,j••' I, 31 • '-'the deposit(s) wilVat Buyer'S option, be returned and this offer withdrawn. For purposes of delivery or notice of " 27execution:parties include BuYei and Seller or each of the:respective brokers or attorneys:The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller, 4 •.28 has thieoffer. facsimileCopy of this Contractarid any signatures hereon shall be considered for all purposes as an original. • • "'• 29IV. FINANCING.- , ;- • . • • • • • , •••''.:' ..430'''.'r-';'L(a) This is a cash transaction with.no contingencies torlfinancin ,....,. „ • . .... • 4:44.2...1.,....-. - • - - ,,,„71 • ,,, , • :,:1,.:.c.j :f..- ::.,. , •:: ) • •:. •• 1431-, 64' 0 •(b) This Contract is conditioned on BOrigabteininsre.written Idwkooirmitrnent--wititin.-6-• '.. ,••;,••clays after EffectivirDiderfor (CHECK ONLY ONE): la a fixed; U an adjustable or la it"; •,, .0K. ,'":::.',..,•'4432!,i't;:fixed'or adjustable loari in the'principalidtitiCol -4-16.0.- -3"4,..*„.51!,1:1C:'-' aqrfinftiallintaieet iittiMeto exciTed,-•-••••%, discount and origination fees not•toexceed,LL_% of ..- -.. .:.;*33.1C4'::•principal amount,and for ager% of••••',a-- - 6i,`airBuyer WillmeikeiapplieationiOthinrft114‘dais:(5:1delYellf:liftlbleink)lifter Effective Date and use reasonable diligence to obtain a loan 34'',1:-41'commitmentand, thereafter, to Satisfy terms and conditions of the'COmnittmetiferridblese,theIoari;Bfier•Shall pay all If Buyer fails to obtain a commitment or fails to waive' . !t•A' 35' tP:•:iBuyer'S rights under thksubparagraph within. the time for Obtaining Zbiirntrtititneirit;OliPtifie4iliolarif!effOr17;failetd,melf•thikerrne and conditions of the commitment by the closing date,. , ;•' ' 36'',:$43 then either party thereafter; by written notice to the other may canceigliii•Cbribitt and BuyerisnaltlicTreftindeittliCllepkilt(4); or •••::..1 -,••••• •-- • . - -- .,:-•'-i•-:- --: i '.,:.-:,:21'.,;•-• 1":':;.:.:: ., • --:1 •:-•' - : :.•41,:*37?.?':•:(' C:1 (c) The existing mortOge,-describad in Paragraph above has r.] a variable interest ratecifiCret!tiOchinterestlatebf - f ' '. % per annurW At time of title transfer fixed *38r?!‘•'',interest rates are subject toincrease; if inareased, the rate shall not exceed --W•:-• ; %-per:annumSelleNtiallTftiriiish*Statitment from each mortgagee stating the principal balance, • .--4. 39%%.cNi• method of payment interest rate and status of mortgage or authorize Buyer or Closing. Agent to'obtairt.th'eganialTBUYar:hiS agreed to assume a mortgage which requires approval • ' 1'7 '. '4611•14.z'-of Buyer by the mortgagee for assumption, then Buyer shall promptlybbtain thenecessary applicaticinincrefilljlentlY,borripiefteand return it to the mortgagee. Any mortgagee charge(s), - ••••1441,;':-';'' not to exceed, $ •••••' ','•••••,"•"1:'"--i -'u (1% of amount assumed if left blank); shall be 'paid by Buyeli'lf BUyei:islidt:accePtedby mortgagee or the requirement's for assumption are , ...• ....!"-- 41:.1.••riot in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated irridupt%erlier deBuyei,may rescind this Contract by written notice to the other ' '• . 43 ;•.! A party unless -Tether elects to pay the increase in interest rate or excess mortgage charges -e.,...- -- ., .,_ ,.,kx!*k.-..): :. --,.„:. , .-..->..,--,-2::-:,,,, fl•tra-.•:. a• .r,,...• - . , ., - . •,, •,,,• '''',''' •••'••• .• %O....-. W..1f0"-•-t., , •':.*44,V.„,'"?,TITLE EVI:DENCE:AfleaSt ./••; -. days before clOsing,daie,(CHECK ONLY ONE): 1.:1 Seller shall:at Se, ef;s:eXperiw,elegyer49:Bwer or Buyer's attorney; or afuyer shall at Buyer's .•: V•;•.:*4.5ekpeinse obtain (CHECIk.ONLKONE):- El abstract 'of title; or [title insurance commitment (witillegible 'pie of' a hisrf (00 ENexceptions attached thereto).and;‘after closing an f. k 1 • J I !169%r9r's policy 9f, fit19199!937.1.,c- .1.-rtvc.• ! ;,:.! cr., c,.•;•;••.„•i••.4:::,,;•.:,.,4.•_,: , ,•t,1/4,I; .•ItilliT. aeflk . • . . . . • - . - •i( -i•••4•0f.,. .1.1..}, ..;,..:14,47.VL;":: CLOSING DATE This transaction shall be closed and the closing documents delivered on .>t •-4,#frt .y.ellif :' onidi,01;nless modified by other provisions of this Contract ' ::`:•:.:-..';'f'48VIL''RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject tix'comprehensive Ira ig4iiiiisMititiereeirttiO'nk•rohibitions and other requirements imposed by •'‘'' --j: 49 governmental authority; restrictions and matters appearing on the plat or otherwisecommon tO the subdivieIdkoutiteitidinrrolIZ`deis'and'rtilhefai rights of record without right of entry; public •• • )'.i.r,50 utility easements of record (easements are to be located contiguous to real property lines and not more than110,:feehn,WIdtWes: tdifiiirear or ktint lines and 7 1/2 feet in width as to the side ., - •,-- 51 lines unless otherwise . stated herein); taxes for year of closing and subsequent years; assumed Mortga ei:a,ftpurOljEtipYriiiii :riiiirt_g_Tglital if any (if additional items see addendum); .,••••-• 53,V111.-OCCUPANCY:' Seller warrants that there are no parties in occupancy other than'Seller; but if Property is otendecito!,beiented dr,pdcypteyd,beyond closing, the fact and terms thereof ?tic ,'; *52 Provided; that there exists at closing no violation of the foregoing and none prevent use of the Property for C.0-eXirkTr;PF•Ai 710/i.mitio;tit•jrc".• :"' ''.:'`i ' ... purpose(s). ... • :, . •: 54 and fhe tenant(s) or occupants Shell be disclosed pursuantncy of Property Eittier;tif.iiiiie of glostii§Tunless otherwise stated herein If occupancy • to Standard F. Seller Shall deliver occupancy !"..., -:.:.§,5.1i to be delivered before clOsing, Buyer:assumes.allyisks of loss to Property from date Of occupancy, shall be respombiear11.1iable,forLrheintenance from that date, and shall be deemed to 1 . . 56have accepted Property in its existing as of time of taking occupancy unless otherwise stated herein. - Srti0:444?..45*;,-t.i:'4,34:Vty .• • • , •: '.1,•57 IX.' CTYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions riders and addenda shakcontroialiprinted provisions of this Contract in conflict with them. .• 58)(71•RIDERS:' (CHECK those riders which areapplicableAND are attached to this Contract) ''")' "'" "•• ' ' '''T'LLIP, Ir.,,-r41.it' .,, "•'' 4;59 ',-''''"•1";) COMPREHENSIVE RIDER -• • -,•'• '''' •••' '''' ''''' , - ' .- • •'."'fp HOMEOWNERS' ASSN. ' .71, .,04;;i :,;••••:4 C3 COASTAL CONSTRUCTION CONTROL LINE •`:'*60,.r:' .:•i, CI CONDOMINIUM- ' '-"-• k• " '" ''''•• '''''•-! . a i..•;•••:•!:: •:,,, K.,,,! 41..L1 'C',.:. Yi '4.-.:,-;. ..' ''' ' . ' . : 1, CI "AS IS '' "•','' - -••• - ' •'•• : t,..11 a1NISULATION ' • ,!61'..'• 4'. l''• CI VA/FHA " ''' • • • - - • • ' ' ' - " • :ID LEAD -BASED PAINT • ' ; ' • :::•••• • "'-'• .1-,, w•I;;,1 --.. •,- ' ", -4f746:141_44 '.: 4*62 XL, ASSIGNABILITY:ICHECK ONLY. ONE): Buye Vinay assign and thereby beyeleaseelfromany further liability under-thiCOoiltract;Wmay assign but not be released from liability • . *83under this Contract; or 101 may not . . aseign this Contract.r.:• •t. . . • . . • -:.:,•4 . .,:i,,,r ,n''',..i-•,.:' .i..•. ..•....,,, ':.. : .. • 'f0"fr ;. .64 XII2DISCLOSURES: ••!"..,•%:•'"6=P'-' :iit'' r,''''-'• k:':•;:-:th• ':,'•-•: 4‘•-il'''' ' •'••• '''1," •••••''•• '•'6-1:',7',':"'-;''-) i'c'••••' '•-•‘•••: ":- ' • '' ''-'6" .6-0 , - • fro ' • -62;, 65••i"- (a) Radon is a naturallybccUning radioactive gas that'when accumulated in a building in sufficient quantities may present health risks to petsons who are exposed to it over time. Levels of radon • 66 -e.:te,,'Itiat exceed federal and state guidelines have been found in buildingsin Florida: Additional information regarding Radon or Radon testing may be obtained tem your County Public Health unit. • -.."..• 67:r!, :•:/..'5r(b) Buyer acknowledges receipt of the' Florida Building Energy -Efficiency Rating SystemBrochure: g•-•-,- 1.--•;.•-• :. ,-;•-6 •• „ 68:1)':::••••(c)lf the real property includes pre-1978 residential housing then a lead -based paint rider is mandatory. •-• - ;; '': . "'N• ., • • •. , • ' - 6.9• li r (d) If Seller is a 'foreign person" as'ilefined by the Foreign' Investment in Real Property Tax Act, the parties shall comply with•that Act. - ,• • ••• 70 J•6'.19e) If Buyer will be•obligateid to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE - - :`•' 71 Ei,.--!t-`,,HOMEOWNERS' ASSOCIATION DISCLOSURE ;:" -6''' i'7'''i,'", "'•••4'.,..',1 (-' T,,.....•i :i'4 1, i'.; ..,,,..f atQ: z:i.. '.•%, „ •+ „, :• ,. • 72 XIII. MAXIMUM REPAIR COSTSf Seller:shall not be responsible for payments in excess of . .:•.t.,73 ;:1-..A; (a) $ t::•_- -: 14 / A- ft• .• i 'i•••,! r , ,..for.treatment and repair under Standard D (if blank, then 2% of the Purchase Price). • • . • . i .4,, . t;•• ,. ,:i,J:il! ;.:•..., ,o-i- .': , ,,t. • , - • - - -•6 - .. b • • • • 4,74. 7 ':` (b) $ "" - AI O. ,,---for repair and replacement under Standard N (if blank, then'3% of the Purchase Price). - ^ • ..-• *75 XIV. SPECIAL CLAU ES; ADDENDA: If additional termsare Co be provided, attach addendum and CHECK HERE I. • , :, . -I 4, " . -.I .;•:' , -. , ,_;•• a.:-,1* iii*,:-.i. :.,;; .. , . ., - . ...76Xy. ;STANDARDS FOR REAL ESTATE TRANSACTIONS Standards A through W on the reverse side or attached are incorporated as a part of this Contract '.; '''• : - - -' • ' - -• ,.;.!:? :,••••;.,:,...-.-,,,:::'..1j j., • ;.--.• 4 , •• - •,;,, ,-..i.ifb::.!a. ...,!;,...:‘.,.1..;:,,,,•, ,.'., •,:,.. -..1. . . 0.. • •••• ' .... •..i '•:,•••P' ..:'....., ,;.? , .... .:', 77 z-,... ,o.t,„-,:-,:,,.THIs IS INTENDED TO BE A LEGALLY BINDING CONTRACT. - IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OFAN ATrORNEY. "'PRIOR TO SIGRIIVG •• •-• • • - :••:', • 79,i val does not onst .80 :':i es.v :.7. ,r, ,t,-,. ..,. p ;:...0.)7 .1.,i;•,si,THIS FORM RM HAS BEEN.APPROVED BY -THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. • - .... • :, I ,:-'• ;,:.:•••• „ , n opinion teat any of the terms and conditions in this Contract should be accepted by.the parties in a particular transaction. Terms and conditions should c -,. 81i •••••:. , - -...." -,:t., 'limber n.g.tiated based pon the respective interests, objectives and bargaining positions.otall interest ersons. .: :',:! . ,, :.?\ :r.;:y3.4.,..4.., ,,,8;ii .fts5i - ,c. ti ,vt .. I 1 1 .,. di . I 0 n.7( 4=. - CO :s , :.:: orZLW -.... • , I.V.2".....2 •-, t ,' ' 1e:V -; f‘r.K..;''•i 0•,YRIGH 998 BY..THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REA I"''' - 1 A 1 • .,.,. .• " ...1,:i ,;.;)..,:. 1, ..:;.7ii....._, -.......;c•-. .:;,:-;•'.;75.) '..11,..'i ...,t it. ... .i:: • ,, .....„ A ' •F - ' (Date)- :-••-, •‘• - -, • , - • .:-43,4,.:::-,:•"?:.. ,..srii•:::•:•.- s..:•-:::, _:•.. ''..s.g.1 ' ' Z 4-,:ri•- e .:- - .....4 1. (Date) .,/Y;••' • ! ''', ''•:: -16., (Seller), • ,' . ' • - - : .,74-:,,, ':-..i,-, ,•,. • `....*134SOcialSecurity or Tax I.D,#'-',. . Si 04- v., •:'" `:':•i:";'i i '6:1•"';;••,:`-":" Social Security or Tax I.D. #' /.5‘0 • -.48 - 914/7 . ,,- ..1,,,,,...,,,, •..k :I: ..•., ,:s. : ••?....,:i.P.• i•-....3.??-..kr .: a ....!..,.! c, -,.:-,...!.,r.l.•. .: . '.., .' ' l' ' ''''' • '''- • •':.'*•' '. ,,,,144,-• -M. ....i:, '2_24-2 •f:::•• -A7".,0 *-0.•,.' . . ., ?. .... : ,:',.•.:• :.,- Ilert ..,' •• . " 4 : - •,, (Date) : i•,,•'-4'. ' i • ' .•.- • 06 (Buyer), ' ; - • •• •••••;•-• ,•• • ' 4.; ii:,ve„,11, • • a , *87.Social Security or Tax I.D. # '•••••• • :!:-..• . t .• • 1, '0•2./ .•. aqa i/5-9 - *88 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. 7-40 Escrow Agent) ' ••' 89 BROKER'S FEE: The brokers named below,' Including listIna and c000eratina brokers. are the only hmknrA ontitlari tn nnmnnnentinn in nesnneAntint. t *id,. . . • • '- • - Social Security or Tax I.D. # ADDENDUM TO CONTRACT FOR SALE AND PURCHASE October 16, 2000 PARTIES: Seller: Howard M.and Janet Leeser Buyer: Gaydan Construction & Realty Inc. 213 Harbor Dr. 3390-B N. Courtenay Pkwy. Cape Canaveral, FL 32920 Merritt Island, FL 32953 PROPERTY: Avon By the Sea Lot 14 Block 2, Adams Ave. Tax ID: 243723CG0002.0014.00 1. This contract is contingent upon obtaining a site plan approval from the city of Cape Canaveral building department. 2. This contract is contingent upon the simultaneous closing of the adjacent parcel Lot 13. (Tax ID: 243723CG0002.0013.00). 3. The Buyer agrees to pay all closing costs and title insurance, except, property taxes which will be prorated to date of closing. { 4.. The Buyer is a licensed real estate broker in the state of Florida and is acting on their own behalf. SIGNATURES: WARRANTY DEED (aINOIVID. TO INDIVID This Warranty Deed 'lade the RICHARD DECKER, A:married man hereinafter called the grantor, to .t:•i1^tiir Y. F .. 3rd day of RETURN TO: SIN, 3077(1 CHICAGO TITLE INSURANCE COMPANY 670 North Couri:ensy Parkway ,e: itt ►_, 1,,, May< PATRICK T. LEE whose postof f ice address is 395 Harbour Dr., Cape Canaveral, Florida 32920 hereinafter called the grantee: (Wherever used herein the terms ''grantor" and "grantee" include all the parties to this instrument and the heirs, legal represenutises and assigns of individuals, and the successors and assigns of corporations) itnesseth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants. bargains, sells, aliens. re- mises, releases, conveys and confirms unto the grantee, all that certain land situate in Brevard County, Florida, viz: Lot 13, Block 2., AVON BY THE SEA, according to the plat thereof as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida SUBJECT TO TAXES FOR THE YEAR 1984 AND SUBSEQUENT YEARS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. REC FEE $ DOC ST. $ INT TAX $ SER.CHG $ REFUND $ Clerk Circuit Court Brevard Co. Florida Together with all the tenements, hereditaments and wise appertaining. 7, 7 REC'D PAYMENT AS INDICAI EC FOR CLASS "C" INTANGIBLE & DOC STAMP TAXES. SIGNED appurtenances thereto belonging or in any - To floe and to }fold, the same in fee simple forever. find the grantor hereby covenants with said in fee simple; that the grantor has good right and grantor hereby fully warrants the title to said, land all persons whomsoever; and that said land is free to December 31, 19 8, in fitness first above written. Signed, sealed and delivered in our presence:" RICHARD DECKER STATE OF Florida COUNTY OF Brevard I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared RICHARD DECKER, Unmarried to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my handand official seal in the County and State last afores aid this Notary day of : . May , A. D. 19 84 grantee that the grantor is lawfully seized of said land lawful authority to sell and convey said land; that the and will defend the same against the lawful claims of of all encumbrances, except taxes accruing subsequent hereof, the said grantor has signed and sealed these presents the day and year Large. This instrument was prepareclO f:, [e yI M.Uf1'nge of Chicago Title Insuj; Merritt Island, Fla: 32952 as a necessary incident to the fulfillment of con ment issued by it. • Public State `�Florida at 2507 SPACE REIOW FOR RECORDERS USE •037 INSU ANCE UNQ � �-6a10 � Cot f opss" contained•in,atitle insurance commit- . &,. .,,.. (� Parkway, • r' rt A onit an n ur enay ar way, i, t VFS 23960 • rig .) • y THIS:FORM.{•HAS=BEEN APP1OVED,:BY:rTHE FLORIDA:ASSOCIATION OF REALTORS® AND THE=FLORIDA:1BAR. r .MSts' r0/1r1,f" j;(.•. 11l:i*' ltIA!.. i tit .,. . r1,`"*'rg;,.F+v':• :h.'t. , i6:4 Contract for Sale and Purchase FLORIDA ASSOCIATION OF REALTORSO AND THE FLORIDA BAR ... • *t PARTIES '� AI'Ie re/ sr To ("Seller) Rr .4of @d i�,�R'f3'CAA(r; ,0AIA. FL. 91g%3c6L; _ +gand yDAA(": CoAI S 7)2u: 'CT; pal . ' -,f iP%J GT y - ram/ r _ (•Buyer), 461 ' 1e/r7 fi'_ e.i�`.t:.�� tRTrs'AI V.!tt )0A/ rly "" i 5 hereby agree that Seller shall sell and Buyer shallbuy therfollowing descnbdd real property and personatproperty (collectively Property") pursuant to o - ir6forSale and Purchase and any riders•and addenda ( Contract) i r r rr tt- ' r F f , t f ' 5i71.t't'DESCRIPTION: _ t') trt'.t..1t,G ,,,; f) HIrtn+crnt y,:c,^ r,- r �r c c;r: ) 1+ it ' ,,f. 1 '.) -. hey} , ar 't -':i r i(.e r•.. i.i../i � .',, , — .•,y•. .R t., ;f r• ., (a) Legal description of the Real Property,located in - '` • - County, Florida . FL . 3.29S�3i:.. ; (Phone) the terms and conditions of this Contract Via; AI%ON ' y f,s�.' p�Loo .a-. f1 1� �'t'1S f'3 L.' v l i�pt A X'` J`< a437z3cUrofoZ'' o07_7'.Co.. *11 , (b) Street address, city, zip; of the Property is:' 11 ` • *12 ,tom (c) Personal Property w,:,-f• �.r •frf1 01i ;r a , e+; c; ; ii ir_•r 1 >;, , , f r 0e, ;, '-•,,:*15IL•I:,PURCHASE PRICE:i`'" ' ` i r )``" I ••' T 4 t)„•: PAYMENT •J.. ,s v:,-, t ,.: , . & ,-1 t - f *17 4f;. (a).Deposit held In escrow, by `: °` ,.,,t:.' ' ' N..' `';' -': (Escrow. Agent) In the amount of *18,';;t:2i,(b)Additional escrow deposit to be made to Escrow, Agent within ~ days after Effective Date (see, Paragraph III) in the amount of ) +►19 (c) Subject to'AND assumption of existing mortgage in good standing In faJor of ' `I ` ' �' i -. .1 Gam . Ji, :1 .I lf.'., tll;ltrt,. �'.i% `-: �'_ ' �i.V' J .. , 1 i .I'=' ,.1.. ._..i. , '.� , ... having an approximate.present principal balance of (d) New' mortgage financing viritha Lender (See Paragraph IV) in the amount of ' ` ' ' ' r. *22 rr•.:,(e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of T. .- .*23 _ ,(f) Other"— .. );4 ' Ct ' , ' t A Jt"•:A L.L." .. `,' . L .. *24 tu' ,(g) Balance to close by U,S cash or LOCALLY; DRAWN cashier's or:official bank check(s),' subject to adjustments or prorations 25III. -TIME FOR ACCEPTANCE OF OFFE EFFE TIVE DATE; FACSIMILE: If this offer is`not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing :*26between the parties on or'before'.''/ 0' 31'' 00 1i-' ` -.e., the deposits) will;'at Buyer's option, be returned and this offer withdrawn. For purposes of delivery or notice of 27 execution, parties include Buyer and Sei er or eac 'of the respective brokers or attorneys. The date' of Contract ("Effective Date") will be the'date when the last one of the Buyer and Seller a 28 has signed this offer. A facsimile copy of this. Contract and any signatures hereon shall be considered for all purposes as an original ' ' Y.' - ' s :e- • ' . «.. Y. ;f J ;e 1"( %'O y. dw.'. if,l, S t, r f Jam i _ , ,. ' .,. _ w 3 , 4V .: 29IV FINANCING t, ,- ... � i r.t J:E} t ;l l:: ..: •r't7 r^ t r ; ' ) CtyL, ! � v f e x t r ) , f 1 O. ,i -L + j t:. ? , :, ) 'G. *30'T-a r• '(a) This is a cash transaction with no nttn erlc is{"'fo finandn ' M r4a ti r ,ii ) 4Y,-;.,h- ., i , .::.. 4..• . r �: v,.f. q, •'.•tt r 'C 3 C •• ti.:','. r *31 1#+;= ❑ (b) This Contract is -conditioned on Buyer eb, taining a written:I"oan:co(ni1'litmefit within • - days after Effective'Date r (CHECK ONLY ONE): Q'a fixed; a .an -adjustable; or ID a je - *32 ;I ' fixed. or adjustable rate loan in the principal ` ountr�f;$'?"e'tifidt"'7}I`` elte `at an'Initial interest ate*r(ot to exceed : %, discount and origination fees not to'exceed'-- ' % of + t +t33 c,:": principal amount: and for a term of - !., . ears 1Buyer.will make appIication,witltidays'(5 (lays•rftleftblank) after Effective.Date and use reasonable diligence to obtain a loan . Y 34 au-.: commitment and, thereafter, to satisfy terms and conditions of the"cgmmitn)ent ar d'uiosp the loan?'Buyerrshali pay all loar(expenses. If Buyer fails to obtain a commitment or.fails to waive I,. 'i'•35...? 4tBuyer's rights under this subparagraph within the timefor obtaining a commitment`ee,tafterI lligent1effor ,,,fails'to meetithe".terms and conditions of the:commitment by the closing date, t , 36 :-;C'then either party thereafter,'by written notice.te the other, may cancelthis'Contract and Buyei4stiall be.refuhded•the`depostt(s); or +' ., 4-,' = i• •w, °.f,f .' '.•' t''., ; *37.z£a1,.❑ (c) The existing mortgage; described in Paragraph II(c) above;:has: iD a variable interest rate orit:la'tied interestrate'of - .. %per annum. At time of, title transfer,•some fixed _ *38 We rates are subject to increase; if Increased: the rate shall not exceed r,: *a % per annu'rp,'Sellen shall furnish'a''statement from each mortgagee stating the principal balance,. 39'�ri method of payment, interest rate and status of mortgage or authorize Buyer or Closing Agent to"obtain the same'IfiBuyerhas agreed to assume a mortgage which requires approval . 40 ,u'z of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary applicatioNanddtligently complete'and return it to the mortgagee. Any mortgagee charge(s), *41 .''not to exceed $ .�9•,-'.•' ''..' ,•• -:•e., • ' ;i ' (1% of amount assumed if left blank), shall be paid by Buye-of Buyer is.not accepted: by mortgagee or the requirements for assumption are' - • 42 gr : not in accordance with the terms of this Contract or mortgagee makes a charge' in' excess of the stated anlount;Seller or Buyer m rescind this Contract by written notice to the other 43 5' :'party unless either elects to pay the increase'in interest rate or excess mortgage charges, N i t �j?•� 42 ittitr.;i, `'t ` • 6 -,' /•• f'-+ 4`-'; *44 V ";TITLE EVIDENCE At least days before closing date, (CHECK ONLY ONE); O Seller shall at Se ler's expenIto'eliver_to Buyer or Buyer's attorney; or f uye,r shall at Buyer's '- *45 ex ense"obtain (CHECK ONLY ONE abstract of title or;l2litle insurance"commitment with le ible p '"" p ) 0 ( g peso instruments listed`asi8xceptions attached thereto) and,'after'closing an . 46 owner's policy of title insurance ` f• ,, ii s ,.. a r"u`' ., '• ' j 1 r ... ,� ,,) •, L.-• !) f ti:. r . 7 •... , ..i ... r ,r' K -" .. y- i:'7y'�' ' . *47,VI .. CLOSING DATE This transaction shall be closed and the closing documents delivered on O = > 4'L,[ /r' f ' ''; unless modified:by other provisions of this. Contract.' 48VII '• RESTRICTIONS; EASEMENTS; LIMITATIONSi Buyer shall take title subject to: comprehensive land ute;plans' zoning re strietions`(prohibitions and other requirements imposed by. '49 governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision outstanding bilj',Ottaindlinineial rights of record without right of entry; public' • , '50 utility easements of record (easements -are to be located contiguous to real property lines and not more than`'10 feet in'width as tethe rear o-front lines and 71/2 feet in widthas to the side' • 51 lines,'unless otherwise stated herein); taxes'for year of.closing and subsequent years; assumed mortga es' and purchase'money mortgagess.if any (if additional items, see addendum); *52 provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for - fit:, (.a 44t/e/t/T''40o-A" y yrii( thwets4 ' ' • ' purpose(s). .: , 1..• . a, : , , ur,tk a� r f, ,r t fa ab' “›. • 53 VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seiler; but if Property is intended to berented or occupied beyond closing, the fact and terms thereof 54 and the tenant(s) or occupants shall be disclosed pursuant F. to Standard Seller shall deliver occupancy of Propertyto Buyer attime of closing unless otherwise stated herein. If occupancy 55 is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy; shall be responsibleand liable;for aintenance from that date and shall be deemed to 56 have accepted Property in its existing condition as '" of time of taking occupancy unless otherwise stated herein._ a 1- x . s , F .1a ° { . 57:IX.::TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions riders and addenda'shall control all pdnted provisions of this Contract in conflict with them. S- :58 X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract) .'" r;_,,'it -' . *59'., i L""I] COMPREHENSIVE RIDER t` 1r` i :::' ' `') '' "❑ HOMEOWNERS ASSN tFx`� "'r" ❑'.COASTAL'CONSTRUCTION CONTROL LINE' /*60,'�t' 1 '• I] CONDOMINIUM 1 U ,, c,.'; I :'f :3.°4 r� ' , r t, .. 1 f C .AS IS '" -' ' e ° 7 ( D;INSULATION i fv C. 0 VA/FHA : o- c: u,., e j Jt •i4 (r t ( I >-)• r ❑ LEAD BASED PAINT • ,. s r 1 ., [� 6. }a ,f: r,.� ,.', af; ?ur, d tRTSk+ ,*62XI 'ASSIGNABILITY CHECK ONLY ONE). Buyer ❑ may assign and thereby be released from any further liability under this',Corntrabt;;�'may assign but not be released from liability - *63under,this Contract; or_�.may not assign this Contract x ;; , „�. F`' , ▪ 64XII.. DISCLOSURESi`•.•,eiq'u.;f;, r_" f l`` ,' :rof „ Ci :. ' : . 1 .,� ,. ,•'r,: r ,., , M. a .,,u ; .r;. • ..- •65 i c'" (a) Radon is a'naturally.octurring radioactive gas' that when accumulated in' a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon,. :: 66 C'' •C,LI that'exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit.. - '-•'67 a :%(b) Buyer acknowledges receipt -of the Florida Building Energy -Efficiency Rating System Brochure. - " ' ' -0 - - 68 T• (c) If the real property includes pre-1978 residential housing then a lead -based paint rider is mandatory. '' r 1 k. ;Auk ; k ▪ 69 f."'(d)'If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. • • - w tt''• , •70 ;'•i • (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE 71' 11 r 2C: HOMEOWNERS' ASSOCIATION DISCLOSURE:._;: i i' r :: ,".a::. ., • ; i ,• ;.., : A..• f72XIIl MAXIMUM REPAIR COSTS Seller shall not be responsible for payments in excess of: i u, 1 V -` ' - 2' *73 .':ri;,,(a) Si: .,, /'1/ I • .•r, ••. for treatment and repair under Standard D(If blank, then,2% of the Purchase Price). , • ;r ' , , w,;, ,i.„ *74'7 '(b) $7?1 M '''''Aj ""` ` • for repair and replacement under Standard N (if blank then 3%of the Purchase Price). ' ° 1' r,W • =` ▪ *75XIV. SPECIAL CLAUSES; ADDENDA If additional terms are to be provided, attach addendum and CHECK HERE ❑.. ' , .76 XV.- STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a part•of this Contract. I,?'~r. ?'.xL';, ,•._1$' :1, C4 :: k, r,Q4.1r~: !f/2• '/1 ,.I I: '1.4, 'f,t, '_t:- ,. 77,, 3L7. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF • N ATTORNEY IORTO SIGNING _ ,78 ;lc.,,, )_ 1 _. arIS FORM HAS BEEN APPROVED BY.THE FLORIDA ASSOCIATION OF ' • TORS AND TH • ORID A' '-. r ; ;79 rApproval doe not constitute :: pi ion that any of the terms and conditions in this Contract should be acce,. ed by e parties in : p• ticu on. Terms and conditions should , 80 i.,. ; + • e neg. '- ted based on the respective interests, objectives and barg. Wing po-itio of all i 81 -f , ' ; ex .:..•,r *'YRIGHTj 998 BY THE FLORIDA BAR AND THf( LORID' e A_f� OF *82t ( Y-e ) . 1 , d`i �� '� ` O ate),'- (Belle 83 µ Bu e'•-' V- _ •' '-Y :-VIA l7'-�L i-if'i 1.-4.1' -f Tf., �►Q *84 Social Security or Tax I.D. # .-'' 1 - T' (s CO. . , .'+ • Social Security or Tax I.D. # f ., r f.;: j. *85 ,..i.: J 'If , .. 'tar. n i',• _.. . ,",•.. St:):.' 1' • • L . ...+`� J..:86.,:o.(Buyer)z ...-- ,':.i h +i. „ � ,:1Iir , 'r'Vf''. (Date);..:c,nR - : (Seller) . , ict -C.. „ r.O. i D..lj_.".'1J 3.., 123l oil,: t ,r k••• p f'. P.\S-•{ U' , f ::'-fI„.- .: Jt. , i i..,i02. t ,.;J -' . *87 Social Security or Tax La #li r•' r.1. ; +- •' ••r," . -,' r i " ,.. v ,t ;f:.:,Social Security or Tax I.D. # : - •cs'ry � rr.,;; ;0,Jc . s ,r .;writ iMe , .)tiwres• : N, :a! 1... ,-42 a " ..-•:••i r :. t.a : , f .a_4... �/ .,; *88 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.iYIR ..1• /,7io :-. . (Date) scrow Agent) • ADDENDUM TO CONTRACT FOR SALE AND PURCHASE October 16, 2000 PARTIES: Seller: Patrick T. Lee Buyer: Gaydan Construction & Realty Inc. 400 Harbor Dr. 3390-B N. Courtenay Pkwy. Cape Canaveral, FL 32920 Merritt Island, FL 32953' PROPERTY: Avon By the Sea Lot 13 Block 2, Adams Ave. Tax ID: 243723CG0002.0013.00 1. This contract is contingent upon obtaining a site plan approval from the city of Cape Canaveral building department. 2. This contract is contingent upon the simultaneous closing of the adjacent parcel Lot 14. (Tax ID: 243723CG0002.0014.00). 3. Buyer agrees to pay all closing costs and title insurance, except for } property taxes which will be prorated to date of closing. 4: The Buyer is a licensed real estate broker in the state of Florida and is acting on their own behalf. BUYER Date Date Date I O -16 OG Date MEMORANDUM Date: January 30, 2001 To: Ed7Gardial§ki,-Public Works Director Todd Peetz, City Planner John Cunningham, CCVFD From: Morris Reid, Building Official Re: Preliminary Re -Plat Review - (1st Submittal) Beachport Townhomes Please review the 1st submittal of the above referenced preliminary re-plat'plan to ensure that this project meets your requirements. After reviewing the preliminary plat, please forward a memorandum advising this department that your comments have been satisfactorily addressed or if there appears to be concerns/comments, please advise. Please submit your review comments to my office no later than noon on Tuesday, February 13, 2001. Thank you. APPLICATION FOR PLAT REVTPW DATE OF SUBMITTAL: I (NOTE: SUBMITTAL MUST BE SUBMITTED A MINIMUM OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62) . IS THIS A PRELIMINARY PLAT, RE -PLAT, OR FINAL PLAT? R2e' P ii r AMOUNT OF FILING FEE PAID: $@04C0 AMOUNT OF ENGINEERING DEPOSIT PAID: $ 1456,E DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: TIJIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO N.A. ,/ ex(S41noj PROJECT NAME: �O(K.) PROJECT ADDRESS: -1-b d (Adams Avenue LEGAL DESCRIPTION: LOT (3 X t4- Bch 2 OWNER(S) NAME: COY )I rJ On I._ L (' OWNER(S) ADDRESS: 3 C3 - 3 C � �` P .,V-( PROJECT ARCHITECT/ENGINEER: , P \� c ' PHONE NO. OF ARCHITECT/jNG/NEER: s r 1( L' c'I r . APPLICANT(S) SIGNATURE: AG PHONE NUMBER OF OWNER/AGENT: 453 ' 46-S7 Project Name: City of Cape Canaveral PRELIMINARY PLAT, RE -PLAT AND FINAL PLAT PAYMENT RECEIPT Beach7ot4 t/ti (Plat Fees Assessed as per Section 110-223, Appendix B, Schedule of Fees of the Cape Canaveral Code of Ordinances.) RESIDENTIAL: 1, 2 & 3 Residential Units > $37.50 4 or more Residential Units $50, plus $7.50 per unit, not to exceed $500 4 Units at $50 & 740 Units at $7.50 = TOTAL. COMMERCIAL: $150 per acre of land, or portion thereof. " Acres X $150 TOTAL. $ ENGINEERING REVIEW DEPOSIT FEE: RESIDENTIAL: $450 11-100 Units $1,000 101 & up Units $1,250 COMMERCIAL: 10 Acres or less $1,000 Over 10 Acres = $1,000 plus $75.00 per acre over 10 acres TOTAL ACRES: TOTAL ENGINEERING DEPOSIT RECEIVED: $ 4 PAID RECEIPT NO. DATED RECV'D $550,00 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERALn FL .3*9a0.03,2$ 5 'TELEPHONE 1407) 868-1200 ,• FAX 1407) 799.3170 ) lJ 7 05*530.00 ,,,f,t;?A':.. ,...,,...,,,,.,.,.:470...5in...44..r„ y DANCONSTRUCYION & REA,,,;,,,„ ,, L..., .. GATY INC Y •3390-B N. Courtenay Pkwy. • Merritt Island, Florida 32953♦ *Phone (321)453-4851 • Fax (321) 453-4851 *Mobile (321)693-2195♦ January 22, 2001 City of Cape Canaveral Planning and Zoning Board 105 Polk Avenue Cape Canaveral, FL 32920 Dear Sir, or Madam: The purpose of this letter is to request a Preliminary Plat review of the BeachPort Townhomes as submitted in the attached application and related information. I appreciate your time in reviewing this application and will be happy to answer any questions you may have regarding this request. cerely, Martin M. Gaydan } ti DECLARATION OF PARTY WALL AND RESTRICTIONS AGREEMENT This Declaration of Party Wall and Restrictions Agreement made and entered into this day of , 2001, by Gaydan Construction and Realty Inc., hereafter referred to as "Declarants". W I T N E S S E T H: WHEREAS, Declarants hold fee simple title to the following described property: BeachPort Townhomes; LOT 13 & 14, BLOCK 2, AVON-BY-THE-SEA AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. And desire to impose a party wall'and restrictions agreement against the said land, which is' intended to be, and shall be taken as, a convenant running with the land and as a limitation on its use. NOW, THEREFORE, in consideration of the conveyance by the Declarants of the land, or any part thereof, to successors, grantees, or assigns of the Declarants, be it agreed as follows, to wit: 1. That the foregoing recitals are true and are incorporated herein by reference. 2. a. That the common wall existing between the townhomes on the subject land shall constitute and remain a party wall, and that the respective owners of the townhome unit shall have the right to use said wall jointly with adjacent owner. b. No owner of the townhomw shall modify or alter party walls, unless approved and permitted by the city of Cape Canaveral building department. c. Should the party wall, at any time while in use by the adjacent unit owners, be injured or damaged by any cause, the same shall be repaired or rebuilt at their joint expense, provided that any sum received from insurance against such injury, damage or destruction shall be first applied to such restoration. 3. That all parties are restricted from modifying retention swells of the site unless expressly permitted by the governing authority. 4. It is further provided that this instrument shall be perpetual and that the convenants herein contained shall run with the Iand above described, and it shall have the effect to convey to any future adjacent owners of the subject unit. IN WITNESS WHEREOF, HAVE EXECUTED THIS INSTRUMENT ON THE DATE AND THE YEAR FIRST ABOVE WRITTEN. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF BREVARD 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 , Who produced as identification and who did not take an oath, who executed the foregoing instrument and acknowledged before me that they executed the same for the purpose therein expressed. Witness by hand and official seal in the county and state aforesaid this day of , 2001. NOTARY PUBLIC, STATE OF FLORIDA -E- _= Prepared by: T. H. Quinn, Pres. Q & W Construction, Inc.- -" P. O. BOX 293, Cape Canaveral, FL 32920 RESTRICTIONS, PARTY WALL_ AGREEMENT AND EASEMENTS \53 C WHEREAS, 0 & W CONSTRUCTION, INC. a Florida corpora- tion, is the owner in fee simple of the following described real property situated in Brevard County, Florida, and WHEREAS, the said owner has constructed on the hereinafter described property one building consisting of four (4) townhouse units for sale to various persons and which units are constructed on the following described real property, to -wit: Lots 5, 6, 7, and 8 of SAN TOMAS VILLAS PHASE II as recorded in Plat Book ___ Page ___ of the Public Records of Brevard County, Florida. Previously recorded as: Lots 13 and 14, Block 7 , AVON-BY-THE-SEA, as recorded in Plat Book 3 Page 7 of the Public Records of Brevard County, Florida. WHEREAS, it is intended by the undersigned to create, in favor of each purchaser, his heirs, executors, grantees, devisees and assigns, an easement covering party walls to be placed equally on the lines separating the dwellings to be erected, and to impose reasonable restrictions regulating the use and enjoyment of said dwellings and to reserve certain easements and provide for the use of any common areas. NOW, THEREFORE, the undersigned owners, in order to protect each and every purchaser, his successors and assigns, of any townhouse, do hereby create the following easements, restrictions, protective covenants, and uses on the buildings located on the said premises, to -wit: 1. The cost of maintaining, repairing, replacing roof and trimwork shall be born equally by the owners of the property. 2. The said dividing walls shall be party walls between the adjoining residences erected on said premises. 3. The cost of maintaining each party wall shall bef borne equally by the owners on either side of said wall. Page 1 of 4 4_ In the event of damage or destruction of said wall from any cause, other than the negligence of either party thereto, the then owners Shall, at joint eirpense, repair or rebuild said wall and each party, his successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence shall cause damage to or destruction of said wall, such negligent party shall bear the entire cost of repair and reconstruction. S. Neither party shall alter or change said party walls in any manner, interior decoration excepted and said party walls shall always remain in the same location as when ere/2ted, and each party to said common or division wall shall havF a perpetual easement in that part of the premises of the/other on. which said party wall is located, for party wall purposes. 6. That each party shall permit the quiet enjoyment of the adjoining party in the party walls and will permit nor commit any damage or destruction of the said party',, wall or of the foundation supporting the same and at all tip pies shall give and grant to each adjoining party the right of full lateral ssuppori:/to the adjoining party's individually demised premises. 7. That neither party to the said party wall shall have a right to entry through the party wall into the clooie of the adjoining party either directly or indirectly. 8. That there is reserved an easement for the installa- tion and furnishing of utility services, such as, but not limited to telephone lines, electric power, gas,`.,hat and cold water, heating, refrigeration, air canditioning,\garbage and sewage disposal, which installations shall includ ducts, plumbing, wiring and other faciities for the rendering of such services. 5' wide easement exists along the sides and '.-ear for ingress and egress for the benefit of lot owners. 9. No owner of a townhouse shall make any structural modifications or alterations. Further, no owner shall cause any improvements or changes to be made on or to the exterior of the /,. building, except the addition of a balcony or the addition o/r' a screened porch at the rear of the dwelling. The aforementioned Page 2 of 4 ,/ additions shall be compatible with the overall appearance of the townhouse and shall comply with all applicable governmental regulations. The installation of awnings, shutters, electrical raring, air-conditioning units and other things which might pr..trude through or be attached to the walls of the building are prohibited' further, no owner shall in any manner change, the appearance of any portion of the building not wholl, within he boundaries of his townhouse, r r 10. The townhouses shall be used only for singly°: family residences. i1. No nuisances shall be allowed upon the townhouse property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possessing and proper use of the property by its residents. All parts of the property shall be '<ept in a clean and sanitary condition, and/no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. 12. No immoral, improper, offensive c.r unlawful use shall be made of the townhouse property nor any part thereof' and all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification or repair of the townhouse property shall be the same as the respon- sibility for the maintenance and repair of the property concerned. 13. Exterior parts of the buildings and the fences separating the townhouse shall not re used for hanging garments or other objects, for cleaning rugs or other household items. 14. Disposition of garbage and trash shall be by the use of garbage disposal units or by use of receptacles so that no garbage or trash will litter the area. 15. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as covenants running with the land and each and every person accepting a deed to any lot in said multiple unit shall be deeried to accept said deed with the understanding that each and every, other purchaser is also bound by the provisions herein contained, and each and every purchaser, by accepting a deed to any lot shall thereby consent Page 3 or 4 a\i agree to be bound by the covenants herein contained tQ the same\extent as though he had signed this instrument. The under-• signed, in executing and delivering deeds to said lots shall insert in said conveyances, by reference, that the same are made subject t6 the terms, conditions, reservations and covenants herein cont\.ained. For the breach of any of the above restric- tions, reser': tiore, easements and covenants, each party shall be entitled to apply for relief by injunction in addition to any other remedy available to them in law or equity. 16. That this agreement shall enure to the benefit and apply\to any existing or subsequent mortgage holders on the premises described herein. IN WITNESS WHEREOF, this Agreement is being executed this rldday cf 3 UNJ,r , 1989. Witnesses: CLOCX1 L . oQgcjil\._ THOMAS H. QUINN, Pres. Approved as to Form: 0 & W CONSTRUCTION, INC./ FLORIDA COUNT` r BREVARD I HEREBY CERTIFY that on this day before me, a', officer duly authorized in the State and County aforesaid to tak,_ acknowledgments, personally appeared THOMAS H. QUINN, Tres. Ca & W Const., to me known to be the person described in and/who executed the foregoing instrument and they acknowledged beforee me that they executed the same. WITNESS my hand and official seal in thre County and T:N State last aforesaid this 5_ day of *se-i! NOTARY PUBLIC, STATE OF FLOrlIDA My Commission expires: ul Florida at Largo Page 4 of 4/ ' »ion Expires July 01, 19 butiM MIHU HUCIQEDERRT, STREET i HARYFY ilekMAIICE MID SOWS, tNQ �rrd MEMORANDUM TO: Morris Reid, CBO Building Official FROM: Ed Gardulski Public Works Director RE: Preliminary Re -Plat Review, 1st. Submittal Beachport Townhomes DATE: February 5, 2001 I have reviewed the submittal of the preliminary re -plat review for the above referenced project. The following comments are: 1. Property drainage shall not discharge to neighboring property. 2. Have a concern about the number of large trees that will be removed. What action will be taken to save the large trees? 3. Recommend that utilities for each respective townhome properties are with their respective properties. Prepared by: M. M. Gaydan, Pres. Gaydan Construction and Realty Inc. 3390-B North Courtenay Pkwy. Merritt Island, FL 32953 RESTRICTIONS, PARTY WALL AGREEMENT AND EASEMENTS WHEREAS, GAYDAN CONSTRUCTION AND REALTY INC., a Florida corporation, is the owner in fee simple of the following described real property situated in Brevard Count, Florida, and WHEREAS, the said owner has constructed on the hereinafter described property one building consisting of four (4) townhouse units for sale to various persons and which units are constructed on the following described real property, to -wit: LOT 13, 13.1, 14, & 14.1 OF BeachPort TOWNHOMES AS RECORDED IN PLAT BOOK , PAGE , OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. Previously recorded as: LOT 13 & 14, BLOCK 2, AVON-BY-THE-SEA AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. WHEREAS, it is intended by the undersigned to create, in favor of each purchaser, his heirs, executors, granters, devisees and assigns, an easement covering party walls to be placed equally on the lines separating the dwellings to be erected, and to impose reasonable restrictions regulating the use and enjoyment of said dwellings and to reserve certain easements and provide for the use of any common areas. NOW, THEREFORE, the undersigned owners, in order to protect each and every purchaser, his successors and assigns, of any townhouse, do hereby create the following easements, restrictions, protective convenants, and uses on the buildings located on the said premises, to -wit: 1. The cost of maintaining, repairing, replacing roof and trimwork shall be born jointly by the owners of the property. The cost shall be distributed proportionately to the owners of each unit, based on the square footage under roof, as follows: End units: 26.5% each, middle units: 23.5% each. 2. The said dividing walls shall be party walls between the adjoining residences erected on said premises. 3. The cost of maintaining each party wall shall be borne equally by the owners on either side of said wall. 4. In the event of damage or destruction of said wall from any cause, other than the negligence of either party thereto, the then owners shall, at joint expense, repair or rebuild said wall and each party, his successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence shall cause damage to or destruction of said wall, such negligent party shall bear the entire cost of repair and reconstruction. 5. Neither party shall alter or change said party walls in any manner, interior decoration excepted and said party walls shall always remain in the same location as when erected and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located, for party wall purposes. 6. That each party shall permit the quiet enjoyment of the adjoining party I the party walls and will permit nor commit any damage or destruction of the said party wall or of the foundation supporting the same and at all times shall give and grant to each adjoining party the right of full lateral support to the adjoining party's individually demised premises. 7. That neither party to the said party wall shall have a right to entry through the party wall into the close of the adjoining party either directly or indirectly. 8. That there is reserved an easement for the installation and furnishing of utility services, such as, but not limited to telephone lines, electric power, gas, hot and cold water, heating, refrigeration, air conditioning, garbage and sewage disposal, which installations shall include ducts, plumbing wiring and other facilities for the rendering of such services. A 5' wide easement exists along the sides and rear for ingress and egress for the benefit of lot owners. 9. No owner of a townhouse shall make any structural modifications or alterations. Further, no owner shall cause any improvements or changes to be made on or to the exterior of the buildings, except the addition of a balcony or the addition of a screened porch at the rear of the dwelling. The aforementioned additions shall be compatible with the overall appearance of the townhouse and shall comply with all applicable governmental regulations. The installation of awnings, shutters, electrical wiring, air-conditioning units and other things which might protrude through or be attached to the walls of the building are prohibited; further, no owner shall in any manner change the appearance of any portion of the building not well within the boundaries of his townhouse. 10. The townhouses shall be used only for single family residence. 11. No nuisances shall be allowed upon the townhouse property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possessing and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. 12. No immoral, improper, offensive or unlawful use shall be made of the townhouse property nor any part thereof; and all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification or repair of the townhouse property shall be the same as the responsibility for the maintenance and repair of the property concerned. 13. Exterior parts of the building and the fences separating the townhouse shall not be used for hanging garments or other objects, for cleaning rugs or other household items. 14. Disposition of garbage and trash shall be by the use of garbage disposal units or by use of receptacles so that no garbage or trash will litter the area. 15. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as convenants running with the land and each and every person accepting a deed to any lot in said multiple unit shall be deemed to accept said deed with the understanding that each and every other purchaser is also bound by the provisions herein contained, and each and every purchaser, by accepting a deed to any lot shall thereby consent and agree to be bound by the convenants herein contained as the same extent as though he had signed this instrument. The undersigned, in executing and delivering deeds to said lots shall insert in said conveyances, by reference, that the same are made subject to the terms, conditions, reservations and covenants herein contained. For the breach of any of the above restrictions, reservations, easements and covenants, each party shall be entitled to apply for relief by injunction in addition to any other remedy available to them in law and equity. 16. That this agreement shall endure to the benefit and apply to any existing or subsequent mortgage holders on the premises described herein. IN WITNESS WHEREOF, this Agreement is being executed the day of , 2001. Witnesses: Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF BREVARD Martin M. Gaydan, President Gaydan Construction and Reality Inc. I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgment, personally appeared MARTIN M. GAYDAN, Pres. Gaydan Construction and Realty Inc., to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same, WITNESS my hand and official seal in the County and State last aforesaid this day of , 2001. NOTARY PUBLIC, STATE OF FLORIDA My commission expires: Prepared by: M. M. Gaydan, Pres. Gaydan Construction and Realty Inc. 3390-B North Courtenay Pkwy. Merritt Island, FL 32953 !PAGES DATE 2 TO /47rOX FROM JfLSr7Y) C" co. C: to Mane r man PH# 2-.&g- MXlL_ RESTRICTIONS, PARTY WALL AGREEMENT AND EASEMENTS WHEREAS, GAYDAN CONSTRUCTION AND REALTY INC., a Florida corporation, is the owner in fee s of the following described real property situated in Brevard Count, Florida, and WHEREAS, the said owner has constructed on the hereinafter described property one building consisting of four (4) townhouse units for sale to various persons and which units are constructed on the following described real property, to -wit: LOT 13, 13.1, 14, & 14.1 OF BeachPor1 TOWNHOMES AS RECORDED IN PLAT BOOK PAGE OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA., Previously recorded as: LOT 13 & 14, BLOCK 2, AVON-BY-THE-SEA AS RECORDED IN PLAT BOO ii 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. COPpWHEREAS, it is intended by the undersigned to create, in favor of each purchaser, his heirs, executors, granters, devisees and assigns, an easement covering party walls to be placed equally on the lines separating the dwellings to be erected, and to impose reasonable restrictions regulating the use and enjoyment of said dwellings and to reserve certain easements and provide for the use of any common areas. NOW, THEREFORE, the undersigned owners, in order to protect each and every purchaser, his successors and assigns, of any townhouse, do hereby create the following easements, restrictions, protective convenants, and uses on the buildings located on the said premises, to -wit: 1. The cost of maintaining, repairing, replacing roof and trimwork shall be born jointly by the owners of the property. The cost shall be distributed proportionately to the owners of each unit, based on the square footage under roof, as follows: End units: 26.5% each, middle units: 23.5% each. 2. The said dividing walls shall be party walls between the adjoining residences erected on said premises. 3. The cost of maintaining each party wall shall be borne equally by the owners on either side of said wall. 4. In the event of damage or destruction of said wall from any cause, other than the negligence of either party thereto, the then owners shall, at joint expense, repair or rebuild said wall and each party, his successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence shall cause damage to or destruction of said wall, such negligent party shall bear the entire cost of repair and reconstruction. 5. Neither party shall alter or change said party walls in any manner, interior decoration excepted and said party walls shall always remain in the same location as when erected and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located, for party wall purposes. 6. That each party shall permit the quiet enjoyment of the adjoining party I the party walls and will permit nor commit any damage or destruction of the said party wall or of the foundation supporting the same and at all times shall give and grant to each adjoining party the right of full lateral support to the adjoining party's individually demised premises. 7. That neither party to the said party wall shall have a right to entry through the party wall into the close of the adjoining party either directly or indirectly. 8. That there is reserved an easement for the installation and furnishing of utility services, such as, but not limited to telephone lines, electric power, gas, hot and cold water, heating, refrigeration, air conditioning, garbage and sewage disposal, which installations shall include ducts, plumbing wiring and other facilities for the rendering of such services. A 5' wide easement exists along the sides and rear for ingress and egress for the benefit of lot owners. 9. No owner of a townhouse shall make any structural modifications or alterations. Further, no owner shall cause any improvements or changes to be made on or to the exterior of the buildings, except the addition of a balcony or the addition of a screened porch at the rear of the dwelling. The aforementioned additions shall be compatible with the overall appearance of the townhouse and shall comply with all applicable governmental regulations. The installation of awnings, shutters, electrical wiring, air-conditioning units and other things which might protrude through or be attached to the walls of the building are prohibited; further, no owner shall in any manner change the appearance of any portion of the building not well within the boundaries of his townhouse. 10. The townhouses shall be used only for single family residence. 11. No nuisances shall be allowed upon the townhouse property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possessing and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. I2. No immoral, improper, offensive or unlawful use shall be made of the townhouse property nor any part thereof; and all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental bodies which require maintenance, modification or repair of the townhouse property shall be the same as the responsibility for the maintenance and repair of the property concerned. 13. Exterior parts of the building and the fences separating the townhouse shall not be used for hanging garments or other objects, for cleaning rugs or other household items. 14. Disposition of garbage and trash shall be by the use of garbage disposal units or by use of receptacles so that no garbage or trash will litter the area. 15. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as convenants running with the land and each and every person accepting a deed to any lot in said multiple unit shall be deemed to accept said deed with the understanding that each and every other purchaser is also bound by the provisions herein contained, and each and every purchaser, by accepting a deed to any lot shall thereby consent and agree to be bound by the convenants herein contained as the same extent as though he had signed this instrument. The undersigned, in executing and delivering deeds to said lots shall insert in said conveyances, by reference, that the same are made subject to the terms, conditions, reservations and covenants herein contained. For the breach of any of the above restrictions, reservations, easements and covenants, each party shall be entitled to apply for relief by injunction in addition to any other remedy available to them in law and equity. 16. That this agreement shall endure to the benefit and apply to any existing or subsequent mortgage holders on the premises described herein. IN WITNESS WHEREOF, this Agreement is being executed the day of , 2001. Witnesses: Martin M. Gaydan, President Gaydan Construction and Reality Inc. Approved as to Form: City Attorney STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgment, personally appeared MARTIN M. GAYDAN, Pres. Gaydan Construction and Realty Inc., to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same, WITNESS my hand and official seal in the County and State last aforesaid this day of ; 2001. NOTARY PUBLIC, STATE OF FLORIDA My commission expires: 1 City of Cape Canaveral PRELIMINARY PLAT, RE -PLAT AND FINAL PLAT PAYMENT RECEIPT Project Name: 6each7Or+ (Plat Fees Assessed as per Section 110-223, Appendix B, Schedule of Fees of'the Cape Canaveral Code of Ordinances.) RESIDENTIAL: 1, 2 & 3 Residential Units $37.50 4 or more Residential Units $50, plus $7.50 per unit, not to exceed $500 4 Units at $50 & (4 Units at $7.50 = TOTAL. $ COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL. ENGINEERING REVIEW DEPOSIT FEE: RESIDENTIAL: $450 11-100 Units $1,000 101 & up Units $1,250 COMMERCIAL: 10 Acres or less $1,000 Over 10 Acres = $1,000 plus $75.00 per acre over 10 acres TOTAL ACRES: TOTAL ENGINEERING DEPOSIT RECEIVED: $ 4 So PAID RECEIPT NO. DATED RECV'D 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL '32920.0326 r TELEPHONE 1407) 868.1200 • FAX 1407) 799-3170 L . Il X d j TaATLI o° If 5 PSI 05*530,00 Ct_4f--5?�� LAW OFFICES AMARI & THERIAC, P.A. Richard S. Amari Kelm Bennett i3.:adly Roger Bettin, Sr. Mitchell S. Goldman J. Wesley Howze Mark McQuagge Matthew J. Monaghan Mark S. Peters David M. Presnick Charles R. Steinberg James S. Theriac, III Ms. Susan Chapman City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Attorneys and Counselors At Law Reply To: Cocoa P.O. Box February 15, 2001. RE: PARTY WALL AGREEMENT Dear Ms. Chapman: ILf Copy Mariner Square 96 Willard Street, Suite 302 P.O. Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Facsimile (321) 639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Facsimile (321) 259-6624 I have reviewed the Party Wall Agreement with the City Attorney, Kohn Bennett, and we agree that the agreement as written is fine. If you have any questions, please contact me. Thank you for your attention to this matter. MM:mem T, Sincerely, qfj Mark McQuagge J:c FILE No . 862 05/11 '01 PM 03:11 I D : STOTfl ER—STAGGFA : 3217837065 PAGE 9 March 2, 2001 Mr: M0rrls'Reid� tBulldin i Depart{nenrClty of Cape Canaveral 105'Polk Avenue Cape Canaveral, FL 32920 RE: Preliminary Plat Review for Beachport Townhomes • SSA Job NO.2001.022 Dear Mr. Reid; SSA has reviewed the above preliminary plat for Beachport Townhomes, upon completion of minor revisions, recommends approval . If there are any questions on the above information please do not hesitate to contact our office. Sincerely, David Roy Jone$, PLS Chief Surveyor DRJ:Jis City -Eric -Armes ftev.Fes For Review #1 • $450.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineenng Fees for all reviews after 2nd review will be billed at $70.00 per hour. 11a11 fldlava'pajptobapWPriboodworrtacmmw.d7a CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. Serving the city of Cape Canaveral & Canaveral Port Authority To: Morris Reid, Building Official From: John J. Cunningham, Asst. Fire Chie- Vl_ Re: Preliminary Re -Plat Review- (1st Submittal) Beachport Townhouse Date: 02-08-2001 I have reviewed the preliminary plat, at this time I have no comments. Station #1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4777 • FAX: (407) 783-5398 Station #2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 • FAX: (407) 783-4887 RECORD PLAT CHECK LIST ,/ Boundary survey and title certification 177.041 (1) (2) Name and replat of subdivision 177.051 �(1) �(2) Qualification and statement required 177.061 ✓ Approval of plat by governing bodies 177.071 J (1)a N(a (1) b NIA (1) c t•-l(A (2) Dedication and approval 177.081 (1) 9,(2) Toa. C,pioL (3) NI Platted streets; reversionary clauses (1) l41A (2) 41(A Installation of cul-de-sacs ✓ Plats made for recording 177.091 /an original drawing.... (1) a a nonadhered scaled print.... (1) b The size of each sheet (2) ✓ Sheet(s) Number(s) (3) Scale Noted and Graphic Scale (4) • Name of Plat (5) • /North Arrow (6) J Bearing Reference (6) 4 ,PRM's (7) NOA PCP,s (8) JLot corners(9) /Section, Township, And Range (10) 1/ Each plat shall show a description .... (11) •1/The dedications and approvals required by ss 177.071 & 177.081 must be shown (12) The circuit court clerk's certificate.... (13) Iection line or 1/4 sections lines (14) Location, width, and names of all streets .... (15) Location and width of proposed easements .... (16) II contiguous properties (17) • All lot shall be number (18) Sufficient survey data shall be shown....(19) 1�urvilinear lot lines shall show .... (20) �/ Sufficient angles, bearings; ....(21) N p the centerlines of all streets..... (22) g A Park and recreations parcels.... (23) j4Ila All Interior Excepeted Parcels .... (24) f The purpose of all areas dedicated (25) 1.1111.When it is not possible to show line(26) I )dotice as to Additional Restrictions (27) ,/AII platted utility easements ....(28) egend (29) ote for F.P.L. Note for Adjoiners to the Plat tilalote for Deed Restructions t Note for Access to any Private Tracts I Name of Surveyor, PLS #, Date of Survey D PRM's Set in Field rocvC,utz.c. WA -PCP's Set in Field c ,Lot corners set in field cZr �.,. Company Name, Address and Telephone # It Job # , Drafted By, Checked By Signature of Surveyor r Signature of Developer 11 ` 'L' City of Cape Canaveral Attn: Finance Department P.O. Box 326 105 Polk Avenue Cape Canaveral, FL 32920-0326 SSA IECEIVED BY FINANCE DATE I J.`�. /. �11 .0 _- Invoice Date: 04/02/01 Invoice No : 006257 Client No : RC1075 Project No : 2001-022 Invoice for Services January 30, 2001 through March 24, 2001 PRELIMINARY RE -PLAT REVIEW - BEACHPORT TOWNHOMES Letter of Authorization dated January 30, 200E Per City approval, SSA reviewed preliminary plat for Beachport. Registered Surveyor 2.00 hrs @ 70.00 140.00 TOTAL DUE THIS INVOICE $140.00 Ai 6 et Vic wag_ OugzA-30 45-) \pociffitsz_ ete0422. . &2.nd a cati2.eaacPcyAL _ \ARA)(12),t)-q. tAtecivrnAcrri , foief L150,— Lec) ,it9,[no.t-3 otki eS2a-- 0/3 F2A, kj-ow CLY13609 (AVC- 7(10/Y(&:-A° STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • 1'TJANNERS`INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Iic #AAC000329- #EB0000762 #LB0006700 City of Cape Canaveral January 30, 2001 John A. Pekar, P.E. ,Stottler Starmer & Associates 8680 N. Atlantic Avenue Cape Canaveral, FL 32920 Re: Preliminary Re -Plat Review - Beachport Townhomes (1st Submittal) Dear Mr. Pekar: Please review for compliance the 1st submittal of the preliminary re -plat for.the above referenced project. Please submit your letter with all comments and red lined drawings; or letter recommending approval. This site plan will be presented to the Planning &' Zoning Board on March 14, 2001 if all your comments have been satisfactorily addressed by March 6, 2001. Should you have any questions regarding this submittal, please contact me at the Building Department at 868-1222. Sincerely, mCSVLC3 Rck Morris Reid, CBO Building Official 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net City of Cape Canaveral. Attn: Finance Department P.O. Box 326 105 Polk Avenue Cape Canaveral, FL 32920-0326 4 SSA RECEIVED BY FINANCE ,GATE Invoice Date: 04/02/01 Invoice No : 006257 Client No : RC1075 Project No : 2001-022 Invoice for Services January 30, 2001 through March 24, 2001 PRELIMINARY RE -PLAT REVIEW - BEACHPORT TOWNHOMES Letter' of Authorization dated. January 30, 2001 Per•City approval, SSA reviewed preliminary plat for Beachport. Registered Surveyor 2.00 hrs @ 70.00 140.00 TOTAL DUE THIS INVOICE $140.00 STOTTLER STAGG & ASSOCIATES. ARCHITECT is • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue . P: O. Box 1630 Cape Canaveral,Florida32920 Tel 321-783-1320 Fax 321-783-7065 Lie. #AAC000329 - #EB0000762. #LB0006700 City of Cape. Canaveral January 30, 2001 John A. Pekar, P.E. Stottler Starmer & Associates 8680 N. Atlantic Avenue Cape Canaveral, FL 32920 Re: Preliminary Re -Plat Review - Beachport Townhomes (1st Submittal) Dear Mr. Pekar: Please review for compliance the 1st submittal of the preliminary re -plat for the above referenced project. Please submit your letter with all comments and redlined drawings; or letter recommending approval. This site plan will be presented to the Planning & Zoning Board on March 14, 2001 if all your comments have been satisfactorily addressed by March 6, 2001. Should you have any questions regarding this submittal, please contact me at the Building Department at 868-1222. Sincerely, G�UZ (S Rt8 s c Morris Reid, CBO Building Official 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.El.us/cape/ e-mail: cape@iu.net City of Cape Canaveral Attn: Finance Department P.O. Box 326 105 Polk Avenue Cape Canaveral, FL 32920-0326 RECEIVED BY FINANCE SATE Invoice Date: Invoice No . Client No . Project No . Invoice for Services January 30, 2001 through March 24, 2001 PRELIMINARY RE -PLAT REVIEW - BEACHPORT TOWNHOMES Letter of Authorization dated January 30, 2001 SSA 04/02/01' 006257 RC1075 2001-022 Per City approval, SSA reviewed preliminary plat for Beachport. Registered Surveyor • 2.00 hrs @ 70.00 140.00 TOTAL DUE THIS INVOICE $140.00 STOTTLER STAGG & ASSOCIATES ARCHITECT I5 • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida32920 Tel 321-783-1320 Fax 321-783-7065 Lic. #AAC000329 #EB0000762 #LB0006700 City of Cape Canaveral January 30, 2001 John A. Pekar, P.E. Stottler Starmer & Associates 8680 N. Atlantic Avenue Cape Canaveral, FL 32920 Re: Preliminary Re -Plat Review - Beachport Townhomes (1st Submittal) Dear Mr. Pekar: Please review for compliance the 1st submittal of the preliminary re -plat for the above referenced project. Please submit your letter with all comments and red lined drawings; or letter recommending approval. This site plan will be presented to the Planning & Zoning Board on March 14, 2001 if all your comments have been satisfactorily addressed by March 6, 2001. Should you have any questions regarding this submittal, please contact me at the Building Department at 868-1222. Sincerely, f unt3 tad c Morris Reid, CBO Building Official 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net March 2, 2001 Mr. Morris Reid Building Department - City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE:. Preliminary Plat Review for Beachport Townhomes - SSA Job No. 2001-022 Dear Mr. Reid: SSA SSA has reviewed the above preliminary plat for Beachport Townhomes, upon completion of minor revisions, recommends approval . If there are any questions on the above information please do not hesitate to contact our office. David Roy Jones Chief Surveyor DRJ:jls City Engineer's Review Fee For Review #1 - $450.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $70.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHIIECI5 • ENGINEERS • PLANNERS, INC. 1\ntl 1\rA iviArcrinrtslrarnWrnhnad vttnwnh. ,w do 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic. #AAC000329 #EB0000762 #LB0006700 r FORM l04 WARRANTY DEED-(StatuturY Form.) ..r.. executive line l;• I, t L:.JIJRT aV. R::1 COUNT CCUR C QUIZ! FL A. 0 a 3 (Tho Isr.Y "amigos" as/ "grantaa't 4sa1. shall be coassr.d to inclada all pedars and ,inaulas or plural as coma indicates.) • Made this 23rd day of April NEIL J. BEAULIEU, a single man of the County of Brevard HOWARD M. LEESER and JANET LEESER, his wife 213 Harbor Dr., Cape Canaveral, Fl. 32920 whose post-ofce.address is of the County of Brevard , State of Florida '84 , tlttInttu , grantor, am State of Florida grantee, Dollars, and ra{tntg9>;ti: That said grantor, for and in oonsideration of the sum of TEN and NO/•100 t whereof is hereby other good and valuable considerations to said grantor said hantee, and gand paid � antee'said gsrheirs,,the successor�and assigns forever, acknowledged, has granted, bargained and sold theto g ... Brevard County, Florida,to-wit: the following described land, situate, lying and being' in : . t•. ;. Lot :14, Block 2;::AVON BY THE SEA Section 23, Township,. 24 South,. Range: 3ii.East. tM4;ti}; Lot 14, Block 2, AVON BY. THE SEA, thereof as recvorded in Plat Book 3, Brevard County, Florida. All. located South, Range 37 East. F,u. . 3 "? PfC) FAYdia { A3 2,y . -I-0 IND!'CATF.j cC8 Clt',S "• D13% 5T.' S. ' IN TAX f •w '1,. •t;l1;al' ID'r r'.IOC. • • t':arl Ct':cit Ccutt I:cultd (::. F4yo:i;l •j•�` according to the plat Page 7, Public Records of in Section 23, Township 24 REC. FEE: $ .00 DOC ST.: $ •::., .... INT TAX . $ SER•CHG $ ':.REFUND $ ....,.;.,:. tt. Clerk Circuit Court Brevard Co. Florida C'D PAYMENT AS )AIDICATED FOR CLASS "C' INTANGIBLE & DOC• STAMP TAXES. SIGNED and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. cantorhas hereunto set grantor's hand and seal the day and year first above written. 3nitf Signed, elivered in our presence: OFF.: S'EC:' STATE OF FLORIDA BREVARD `I' COUNTY OF . ''�, . �.1? y Pp .pe I HEREBY CERTIFY that on this day before me, an officer duly qualified to t.' kn��::, .., j� ersonall p_. eared NEIL J. BEAULIEU,. a siitgli man :;-• =:'_::. ;'jA J. a (Seal)' NEIL J. BEAULIEU _(Seal) • (Seal) (Seal) knowntobethe person(s) described in and who executed the foregoirnig ?utrg�rient. 1L_ to me e the execution of same. ' '' "' `' �•• WITNESS my hand and official seal in the County and State last aforesaid rt. fr -J tar Public :;a _. ; :. = t.: '• •; ` yifl, x NO y r,• i ��aw ,;::.+,.i.- cDm91.1 4on expires' (t ° w[al � � X�s��trt�i;= hi.a', I 4`:%L'•i.?,i",,' it'•f/� �5 ,. tr iv, 'fr,: t�•i'.. .. .. '''•l'.ir •i :.. ... .. ��Fi�`1 s:. ��•: f}�'f 'i7 f �i �..fhtt�.i,j(1 • • • fq . -' ` 53 VIII. OCCUPANCY: Seller warrants that there are, no parties in occupancy other than Seller; but if Property is Mended prwente r4pcippl,60,beyond closing, the fact and terms thereof • 54 and the tenant(s) or occupants shalt be disclosed pursuant to Standard F Seller shall deliver occupancy of Property to Buyer at timi,9f;ciosIng.tmless otherwise stated herein. If occupancy *hew? accepted Property in its existing condition as of time of taking occupancy Onlecs, otherwise stated herein. •:iil, , -4,3; '' -4 . -.551s to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be resOorpfii, n 0.0%lqVnce from that date, and shall be deemed to ..r/ . . . . 57IX: (TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions; riders and addenda shall:Controf all printed provisions of this Contract in conflict with them. 58 X,— RIDERS: (CHECK those riders which are applicable AND are attached to this Contract): ` '' ' • - S-..t.t, . „ ..r... , . , • , „ ' " ' • *59 -,' .' .* '' ED COMPREHENSIVE RIDER • .•, .' • : • ' ' ••• . .• • • • .:. ,:.01 HOMEOWNERS' ASSN. PcPr 0 COASTAL CONSTRUCTION CONTROL LINE • *60 .:.'"i- • : ID CONDOMINIUM- • • - • : • '' '' • .0 INSULATION *61 ! '.-: '• ID VA/FHA - i ' ''':- ':" -• . ''' "'" . - ' " . :...:' : :..: Op AS IS PAINT • .. ...;82XL .;ASSIGNABILITY:ICHECK ONLY ONE) Buyer Uorriayassign and thereby beXeleased from any further liability under this.Cqntrectlemay assign but not be released from liability *63 under this Contract; or DU may not assign this Contract. ..., • ..., •64 XII.' DISCLOSURES: :•'••• .1 '-!;I:!.." ,''', .- - •,:'•: • -, • • :;•••••t•• : 65 ii,- ,• (a) Radon is a naturally occurring radioactive gas that when accumulated In a building In sufficient quantities may present h'ealth risks to persons who are exposed to It over time. Levels of radon : 66 0: I i.i that exceed federal and state guidelines have been found in buildings In Florida:AdditIonal information regarding Radon or Radon testing may be obtained from your County Public Health unit. -67 Ff4', (b) Buyer acknowledges receipt of the Florida Building Energy -Efficiency Rating System Brochure. ' • - • . t' 68 -')'•-1•••.•(c) If the real property Includes pre-1978 residential housing then a lead -based paint rider is mandatory. • 69' L. f (d) If Seller is eloreign person' as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. • ..70 ":.(e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE . 71; .::'.i...'i.. HOMEOWNERS' ASSOCIATION DISCLOSURE':-•!•• • . - 72 XIII.'MAXIMUM REPAIR COSTSi Seller shall e0 be responsible for payments in eiccesiofi.. •'.• • ,s, • . .,........_ ... . . _ ;73 cr,z, • (a) $ i- • • •• isi / A- ...-., .N ..„ : : . for treatment arid repair underStandard D (if blank, then 2% of the Purchase Price). *74. 7 .' (b) - ' ": Ai v+-:r., .-‘,..,' ... . for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). . . • ... - ; • . . . . •*75 XIV. SPECIAL CLAU ES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE CI. • . . ipp.:STANDARDS. FOR REAL ESTATE TRANSACTIONS: Standards A,through VVon• the reverse side or attached are incorporated as a part of this Contract. . . 7Z .... :.., • THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. • • ;:•• THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. . • 79 • , val does not 'n opinion pat any of the terms and conditions in this Contract should be accepted by. the parties in a particular transaction. Terms and conditions should ag . ..i, be n g dated based pon the respective Interests, objectives and bargaining positions.oLall interest ersons. . • . .-,81 /..• :•;;•.'0 YRIGH • A ASSOCIATION OF REA ; ". *82- 1,--•.' -.83 '••(Bu e • '-ii-. :..:•.-...i; . • . • '...•:, *84 Social Security or Tax I.D. # • wer or Buyer's attorney; or aguyer shall at Buyer's xceptlons attached thereto) and,'efter1 closing, an s modified by other provisions of this Contract. • p arii4Vine 06101066, prohibitions and other requirements imposed by 9utsialtdfrig Rtt,Igers',efittranefal rights of record without right of entry; public feet p aoq tittleltr ONO.nt lines and 7 1/2 feet in width as to the side purche6gipprieVitioct leg if any (If additional items, see addendum); •14.4‘/Ht2.410=C • ' • ' • " purpose(s). Contract for Sale and Purchase FLORIDA ASSOCIATION OF REALTORS® AND THE FLORIDA BAR (Phone) 1E! ("Buyer), (Phone) iir.3 'Yce..57 , si5 hereby agree that Seller shall sell and Buyer shall buy the following escribedreal property and personal property (collectively "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): • • • ;- ••• • • • 71: • DESCRIPTION: i'• I • ' u••• Pt VON • 6y 774-E' Se Lar 3( neleAt ),•4 S r-"TAX-r a 7 1:12'3 G" no o 62. /VoO (b) Street address; of the Property Is:: •"""--- •• • •• ii:'.1`.;::••••1,i•:, •••.•?::.,112,1 '(C) Personal property• • Al *3 andA y.DA‘t-'"C.tii:i:r4Li t;Ti 'IKE y C . . :HISFORMMAS. NAPPI:tirNET B. yTHE:.fL91:PDili.ASSO,91ATIONscif:TIPALT9FISO AND.THE. FLORIDA;BAR:' 0:059:0tc-Agri11.,,,L...,,, ea. ,e • 14 A R C AP e es A A1/3 F L- .3 .2 2o 33q 0 o_ou y :-P/( y : LA/up It_ 3.2/S3 6 ,.(a) Legal description of the Real Property Iodated in gaiM&D County, Florida: 'men cpyR after Effectiviltatelfor (CHECK ONLY ONE): 0 a fixed; 0 an adjustable; or la a ratOotlo excliapil °/* discount and origination fees not to exceed' • %•of • :•;••*33''.0.,prin•cipal amount,' and for a•terrnof•••••• •". - a uyer will'make 8:0;ay leftlilank) aStel Effective Date and use reasonable diligence to obtain a loan '•:••34'',1.:commitment and, thereafter, to satisfy terms and conditions of the um. all)3ayylloanexpenses. If Buyer fails to obtain a commitment or fails to waive ••••:.- 3511:0;".:Buyer'S rights - under thl subparagraph within the time for obtaining lle*nittlticilerms and conditions of the commitment by the closing date, 4,11 ••••'.•*37'.'2:41:1 (c).The existing Mortg. ge, described In Paragraph-11(c) above,•has: 0 a variable Interest r . , • .':' 86',4-1.;then either party thereaft r; by written notice to the other may canoe s 0 and Buye tl,k14/14 AtifPO4f.N3,°?ItNi or • • -' ' , . .. „ • - 7.41XeclApfereatiratelpf - % per annum. At time of title transfer some fixed *38' cr'',Interest rates are subject to increase; if Increased, the rate shall not exceed 41.'4'4' 9/0-perennu Oelle 'fielyfurrifehiaTifateifnent from each mortgagee stating the principal balance, ..' 3.9i.9ki method of payment, interest rate and status of mortgage or authorize Buyeror Closing Agent to•eblafg..thesarneliltBuyerhas agreed to assume a mortgage which requires approval 0' 040- of Buyer by the -mortgagee for assumption, then Buyer shall promptly obtain the necessary applicatiiiii,001110entli,90m•pleteend return It to the mortgagee. Any mortgagee charge(s), .441, ,. not to exceer4$•: ' ' ' -• ,' :-..''•'•''''' • :••••-•' (1%. of amount assumed if left blank); shall be paid by BuyegByyer Of naecceptell.py mortgagee or the requirements for assumption are ...- 42: 1.:,•Ti• 'not In accordance with the terms of thieContract or mortgagee makes a tharge-Ineicess of the stated o fr el (36-0 BUer. ay rescind this Contract by written notice to the other ...:.43' 1,1 .i party unless'.either elects to pay the increase in interest rate or excess mort?age charges.- ..• •••• : -- • )-••• *44 V:TITLE EVIDENCE: At least Z._.'-dayebefore closing deteCHECK ONLY ONE): 13 Seller shall, at S *45dpense obtain (CHECK.ONLY. ONE): abstract of tifte; or title insurance CoOnitment (with legible .46 owner's policy of title Insurance. . . : ' : • . • • .*47 VI.,•-• CLOSING DATE: This transaction shall be closed and the closing documents.delivered on ...)4ri VII? RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take litleeubject•t0:•Cornprehensive land 46governmental authority; restrictions and matters'appearing 'on the plat or otherwise'cominon to the subdivl ••50 easements of record (easements are to be located contiguous to real property tines and not more tha .61 lines; unless otherwise•stated herein); taxes for year of closing and subsequent years; assumed mortga t *52 P(ovided, that there exists at closing no violation of the foregoing and none prevent use of the Property for $ ,2 9 s-cro . • • p• .,,•.• - •• .*1511."v:•PURCHASE PRICE:' c -'•""' : ' ' ' "" • '' • -'• ii• cfr..•. iptomo,ii.: L.:_e• i;•.....,. ! ;i...; .....:,•••.:•....-,2,,, . ....., .4; ..,,,,,,, .:1...., ..4 , 1, ..; , . ,... ,..,1,1 1., : , ,,.i $.:. •1.. : '. . .: • (a) Deposit held in escrow by :' : ' ' ' ••• '• " (Escrow Agent) In the amount of $ A . ' •••.... , :*.18 - Q ! -, (b) Additional escrow deposit io be made to Escrow Agent within: • •• .: •days after Effective Date (see Paragraph III) in the amount of • $ '.*19' • -• (c) Subject to AND assumption of existing mortgage in good standing in favor p1 - having an approximate present principal balance of *# (ii) New mortgage financing with a Lender (see Paragraph IV) in the amount of ' , . *22.• ;e0 (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of - • $ — ;4;1 , - • • t.i,, : •...,,, -.,. •• • . : - : op • ..:,,.• *23 (f) Other: • • *24, b ,(g) Balance to.dose by. U.S. Cash of LOGAUX.DRAWN cashier's or official bank ched((s), subject to adjustments or prorations $ . 02 q -SVC° • 1 2.5111:' • TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing •: *26 between the'parties'on or before ,''" /0/3/ 1 atfY" ' ',,'the'deposIt(s) 'wilVat Buyer's option, be returned and this offer withdrawn. For purposes of delivery or notice of , • 27 execution, parties include Buyer and Seller or each of the respective brokers or attorneys. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller • 28 has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original. . • 29IV. FINANCING: - • ,, , . ,, , . . 'Ilit•ovek-it..-she.,i.v , • - • *311- 1,.+k; ID (b) This Contract is conditioned on B • 13 . *30 ''•-- .IV(a) This is a cash transaction with no c9negencjesior friinttilnici.U1.13•, 1! ,..1. , *321;'47;fixed or adjustable rate loan in the principal ..1,;;;„„da.L.t.1.L..wL,',.•:. - itiv, - . .. ktf•'3,a4,11.2.fi.11. ' ,,.....h.j1510 :••• It 1,.Ii0,':' ,. It 998 BY THE FLORIDA BAR AND THE FLORI ")4 io- erz?,12, (Date) / ;•• • k. (Seller) (Date) : • - • • • • •• • ,,, „ e7 ) •', • • Social Security or Tax I.D. # / •7"Q -0561 - 'hfr7 (41,i-i ,:-Z!. ,;) .2 .--0--e-'f--'1 AO "/57-00 • • 88 (Buyer) . • (Date) • : - • fer) . (Date) • i *87 Social Security or Tax I.D. # • • •• • ...- : •••• -. - Social Security or Tax I.D. # .L..4-. a? -,...5P -/iW , • . • , • ol —1..0 *88 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.. /1///4- S,0/7"_,-- ee74,ST 7/7-41e 4<-16tci (Escrow Agent) • 89 BROKER'S FEE: The brokers named below. Inclitrfinn listinn sort nonneratInn brokers ere the nnl., hrokors antitInri tn 7-Irnnnnas inn in onnnn,tinn ,.4th thl, r,,,,-,•,---... *85 • •• WARRANTY DEED INDIVID. TO INDIVID This warranty Deed Made the ;l Clls. !11T +}rl_�l.Eiil '.UrJ1Y.F . 3rd day of RETURN TO: Sy,.. 3077"r CHICAGO T ITI-E INSURANCE COMPANY 67C !s,iorUl C 3UrL ni y Parkway May'V.; la i IancA FEES:iul9 Zsk» y RICHARD DECKER, i:married man hereinafter called the grantor, to PATRICK T. LEE whose postof f ice address is 395 Harbour Dr. , Cape Canaveral , Florida 32920 hereinafter called the grantee: (Wherever used herein the terms "grantor" and " tlrantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the successors and assigns of corporations) itnesseth: That the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants. bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain land situate in Brevard County, Florida, viz: Lot 13, Block 2., AVON BY THE SEA, according to the plat thereof as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida SUBJECT TO TAXES FOR THE YEAR 1984 AND SUBSEQUENT YEARS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. REC FEE $ DOC ST. $ INT TAX $ SERCHG $ REFUND $ Clerk Circuit Court Brevard Co. flonda 7, 7S REC'D PAYMENT AS if1DICAI EL FOR CLASS "C"INTANGIBLE & DOC STAMP TAXES. SIGNED Together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To Eau and to Mold, the same in fee simple forever. land the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said, land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 83 In +Ili fitness hereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence STATE OF Florida COUNTY OF Brevard 424 RICHARD DECKER OD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared RICHARD DECKER, Unmarried to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of. May , A. D. 19 84 Notary Public State Florida at Large • SPACE BELOW FOR RECORDERS USE ,,,Iltuull, ... This instrument was preparedOW: c,Ia`eyl M.CL-�nge of Chicago Title InsUi t:?onal�an , 6`70 N4nCourtenay Parkway, Merritt Island, Fla. 32952 as a necessary incident to the fulfillment of con It lops'co tained.iri.a title insurance commit- ment issued by it. 250 / O:'P ,'j it i,- -037 I, NSUkANC UINQ VFS 23960 :(0 C C0 . • • • •. • '''Ai21-THJSTORNIMAFERAPP.flOVED713,(THEFLOFIIDAA$SOCIATION OF.'REALTORSP:AND THE FLORIDABAll ("Buyer), Diegi)y ..- Rem i in .7.,r . Pt_ .5.2 9,f 3. (Phone) 44S13 - 4TM-7 ..;,,.6h'fireby agree that Seller shall sell and Buyer shall buy therfollowing describdd real property and personal property (collectively "Property") pursuant to the terms and conditions of this Contract 6for Sale and Purchase and any riders and addenda ("Contracr): • , ,,r1.1.T. ..V 4 4,,.. ttINW.,:k IP,. i':.7,. :!.: i-, , - ..; • . , : . i ..., , •• •,,': L•:'-, • -; k 71.13:'•DESCRIPTION: VI et 2.‘hIG; •?;.::-4.1.vd, tcpc,1••••!,)?-11; C • : ;;,,,,i;r. „•if, c...,a. ;.,.,,....•,,, : ••, ,..• .. : ., • „. •>: tki, (a) Legal description of Reel Property located in.: g-t-- V/ 4 /1Z.D ' County, Florida: '.1) ,,,i A' VOi\I ; '/3 y • .:`-n- Sefr. , i-o-r iTi‘.: -.A.,(;,;,.., = • r -• • f AU. ‘, 7p,:x 'm...) : ..4Y 3 7 C.-ii °P ° Z - ° r? I 1 .• 0 *11 1•;,,, (b) Street address, city, zip, of the. Property is: ' ---"7 e ' ... J.". . '.. '''' ' '' ' ..:. ,:F.t:: (c) Personal Property: ''. ', 4-- ' ; - , • .-,' Contract for Sale and Purchase FLORIDA ASSOCIATION OF FiEALTORSO AND THE FLORIDA BAR •111PARTIgi 6 PITA rd.tx- to,! 4t00 I-14R 60A ("A rota- 014A0 frtsve,4 v (Phone>167S —3c61 *16,61 Diu( TRiAe--T; ,eEw z-7 y =Air • : 1,11 „ • , • ; • • • -:.*151i;:.:.•PURCHASE PRICE:•• • 16 '7' 'PAYMENT: • ' : • (a) Deposit held in escrow:by •-• ' • •• ....(Escrow Agent) in the amount of • • *18 (b) Additional escrow deposit to be made to Escrow Agent within days after EffeCtive Date (see paragraph III) In the amount of *t§' (c) Subject to,AND assumption of existing mortgage In good standing In favq,dei''''''• • having an approximate present principal balance of *21' (d) New mortgage financing with a Lender (see Paragraph IV) In the amount of ' *22 (e) Purchase money mortgage and note to Seller (see rider for terms) In the amount of 1;23 (f) Other: ' ' t't 1.1; [1 L' •: 28 has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original. •:. ... • .• • 29IV. • FINANCING: : ' ,- • . • . , , : *30 iN,I: iiiii(a) This is a cash transaction with n 'fin ...:(1/:...i..hil,;',...:', -. n Y r.'..;..: •• -. : , E*31, lig0 (b) This Contract Is conditioned on B . itAlhin Itte 11114,idays after Effective Date .for (CHECK ONLY ONE): Q a fixed; 0 an adjustable; or P a -•c`' • • *32 i',IJ: fixed or adjustable rate loan In the principal punt ,Intcyt9t Fotdittlp exceed_ _% discount and origination fees not to exceed :____% of *33 c--::;principal amount and for a term of r'‘ areBuyer wilt A i§41 4.,,ifysilf4jektAankYaftei Effective Date and use reasonable diligence to obtain a loan 34 ',i.1.: commitment and, thereafter, to satisfy terms and conditions of the ..411 iiq410,161441.ryetIlway111(1ciiiil:pcpenses. If Buyer falls to obtain a commitment or fails to waive •••:.•,35-.Q1-6 Buyer's rights under this subparagraph within the time for obtaining i•• afte4 I ge0frettiktalliktolpfefteterms and conditions of the commitment by the closing date, 36 .!-4,1Pthen either party thereafter, by written notice -to -the the other, may canc: kth - .. act and Buye •0I, irifiqyp000pe:goptls*; or ' •: , , - - , • • , , •- • :,-',:....„- ., i ,::-,' .I• : . *37i.tE41. 0 (c) The existing mortgage; described in Paragraph 11(c) above; has: 0 a variable Interest rale riLlAtlied,i(iterestfige.of ' • % per annum. At time of title transfer, some fixed *38 ii7i, interest rates are subject to Increase; if Increased, the rate shall not exceed ,":-.' % per annurjSellor §halffurnIstOrstaternent from each mortgagee stating the principal balance, : 39 •-4- 'rnethod of payment, interest rate and status of mortgage or authorize Buyer or Closing Agent to - Vein the same:If BuVer has agreed to assume a mortgage which requires approval ,..' 40 i--.--' of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary applicatibrivddillgently'Cornplete'and return it to the mortgagee. Any mortgagee charge(s), *41 "=.''':',not to exceed $ • •• — ' • ': , (1% of amount assumed if left blank), shall be paid by Buyerlf Buyer Is nO4Cpe0tedby mortgagee or the requirements for assumption are 42 /!•':•not In accordance with the terms of this Contract or mortgagee makes a charge In excess of the stated o VI§eltef,uar,JflQy rescind this Contract by written notice to the other • ("Seiler) , • *24 -i,. E.(g) Balance to closbOV 0,S. cash b;Lop..NiypFlAWN cashier's or official bank check • .(s),subject to adjustments or prorations f — $ aq).5-00 • , '25111: -'-TIME FOR ACCEPTANCE OF OFFE ; EFFE TIVE DATE; FACSIMILE: If this offer Is riot executed by and delivered to all parties OR FACT OF EXECUTION communicated In writing •• *26 between the parties on or before 4' / o 31 eyo, . . • , the deposit(s) will; at Buyer's option, be returned and this offer withdrawn. For purposes of delivery or notice of •. 27 execution, parties Include Buyer and Seller or eachof the respective brokers or attorneys. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller . . ., • • •• .. .43 W' : party unless either elects to pay the increase in interest rate or excess mortgagecharges.., ;:•.-- ... -' ' • 4441/;',;!TITLE EVIDENCE At least :"dajts before closing date, (CHECK ONLY ONE)! C) Seller shall; at S *45 expense obtain (CHECK ONLY ONE): p abstract of title; or Vlitle insurance com,,mitment (with legible . • .,. 46 owner's policy of title insurance.' — ' , ' • '; • *47 Vis; CLOSING DATE: This transaction shall be closed end the closing documents delivered on ,c-_,• gli-v•eillqP,Or or Buyer's attorney; or at uyer shall at Buyer's t xceptions attached thereto) and, after closing, an 11 y....,0,;•:,;., •;,t,ort, %,,, , ,,k, , , , ..: -48 VII. ' RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subjeCito:' comprehensive land 0 plangxeninVestrIctions;) cohibitions and other requirements Imposed by . • •:.:1.-•49 governmental authority restrictions and matters. appearing on the plat or otherwise common to the subdivi§piNititanding•Oilgeetind:Wiinerm rights of record without right of entry; public 50 utility easements of record (easements are to be located contiguous to real property lines and not more thanIV feet 16V/001'as-to the'rear:OprOnt lines and 7'1/2 feet In width as to the side ..'• 51 lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages'tind 0Urchase`MOneirlmbrtgage01 if any (if additional items; see addendum); ' *52 provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for JX--//i-7. (.6441e/1/7-`;'*'49•F;V•rt04 I / z A HO'S • purpose(s). . • ' , v:/;:,...o, 0 , , i:.:. A..,:‘ v x. ..: 53 VIII. OCCUPANCY : Seller warrants that there are no parties in occupancy other than Seller but if Property is intended to be,. rented....1,or. occypiel beyond closing, the fact and terms thereof . 54 and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of PropertytO Buyer at pt pkising unless otherwise stated herein. If occupancy . • '65 Is to be delivered before closing, Buyer assumes'all risks of loss to Property from date of occupancy, shall be respo sible. aOle fo • . . ce from that date, and shall be deemed to . • •.-:56haVe accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. ' ' • 57IX. !'.TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addendaitiairdontiOlilf jirintplisions of this Contract in conflict with them. .• . -, , • • r : 58 ic..'''.: RIDERS: (CHECK those riders:which are applicableAND are attached to thIS'Contract):' . • ' - ' - *59 '-'.' '-. C) COMPREHENSIVE RIDER - - -'''• '''.' . ''- ' •!' '. - ' -','• • : -'•',:' L) HOMEOWNERS'1/4SSN, ''i ''':'121 CONDOMINIUM "''' -"'"" '''.';:j`•"i.,•'• : ' ' : ''' ''..: ' "" i: 0 AS IS" ' '' 1" " . INSULATION - *131 r•-" El VA/FHA-- '''• '''''' e: ''''' "-"'-'''-"" '•':".! ""` ''. .- "' ' ' • ''''' " 0 LEAD -BASED PAINT *62 XL -.ASSIGNABILITY : CHECK ONLY ONE): Buyer P may assign and thereby be released from any further liability under this pontrectf`t2rmay assign but not be released from liability :*68 under this Contract; or Ull may not assign this Contrect. • . .. .. 64 XII. DISCLOSURES:' '''', i .,%*.i-:- : 't-. • ' - .'• -,•- •?; • • :,.-, ,, : • - - -•,:-.:. , '. • : • • , . -..v - , .65 i:!;- (a) Radon is a naturally occurring radioactive gas that when accumulated in a building In sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon . 66 e',.r k:-J that exceed federal and state guidelines have been found In buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit •--,67- ,••;(b)•Buyer acknowledges receipt of the Florida Building Energy -Efficiency Rating System Brochure. ' : - •• . • . - 68 '.,v- (c) If the real property includes pre-1978 residential housing then a lead -based paint rider is mandatory. . - . • . : -69 E' i (d) If Seller is a "foreign person' as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. • - . . .- :70 -::,' (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE ..-: 71 E- :: HOMEOWNERS' ASSOCIATION DISCLOSURE. ••,• • • - • • • •,•• • ,;- .: ..:'• • , ' . . .. 72X11t. MAXIMUM REPAIR COSTS: seller shall not be responsible for payments In excess of: : *73 -.:, (a) $. - 4/ :_.. for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). •i' *74 1 ' -(b) $' : Ai AL --;. - '.•:- •• • • for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). . *75 XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE EL 76 XV: STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through Won the reverse side or attached are incorporated as a part of this Contract. ..., .•, - • - . . ,•... •.... ,. • . , 0 1 •• . 1, - ' , • ' ..3Z c' i-,.i-:.;"..',:-.-,THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF N ATTORNEY IOR TO SIGNING. . 38: •,,:„:.: r: ::, • - , • , • , :1,- -NIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF 'E TORS AND TH ORID • 79 -Approval oe not constitute,an opit)ion that any of the terms and conditions in this Contract should be acce ed by e parties in icu on. Terms and conditions should AO .•; : : • .H.. te neg9tited based upon the respective interests, objectives and berg ning po itio A. of all ' ste YRIGHT 998 BY THE FLORIDA BAR AND TH LORID Se A.51 OF •414: •: • -:: '' itifA-F.A..40ZdAdr . . 83 (Buyer) (Date)\ (Salle (Dat ) *84 Social Security or Tax I.D. # • 6 gt Social Security or Tax 1.D. # • . s modified by other provisions of this Contract. 'COASTAL CONSTRUCTION CONTROL LINE' • • • . • • • . ...• •• • • • (Date) • , • , (Seller) , (Date) *87 Social Seciirity or Tax 1.D.# • , • ' • •• • , Social Security or Tax I.D. # , ,fra *88 Deposit under Paragraph II (a) received; IF OTHER THAN CASH. THEN SUBJECT TO CLEARANCE. NI/A ,S0/1/4/7 (d.o./1C ft f / ev•OUscrow Aoent) ADDENDUM TO CONTRACT FOR SALE AND PURCHASE October 16, 2000 PARTIES: Seller: Patrick T. Lee Buyer: Gaydan Construction & Realty Inc. 400 Harbor Dr. 3390-B N. Courtenay Pkwy. Cape Canaveral, FL 32920 Merritt Island, FL 32953 PROPERTY: Avon By the Sea Lot 13 Block 2, Adams Ave. Tax ID: 243723CG0002.0013.00 1. This contract is contingent upon obtaining a site plan approval from the city of Cape Canaveral building department. 2. This contract is contingent upon the simultaneous closing of the adjacent parcel Lot 14. (Tax ID: 243723CG0002.0014.00). 3. Buyer agrees to pay all closing costs and title insurance, except for property taxes which will be prorated to date of closing. 4. The Buyer is a licensed real estate broker in the state of Florida and is acting on their own behalf. SIGNATURE SELLER BUYER Date f �. 1O �, rc5,n, rymu FROM : GAYDAN CONSTRUCTION INC_ FAX NO. : 407 453 495i May. 29 2001 12:36PM P1 Gaydan Construcion and Realty Inc. March 28, 2001 Ms. Susan L. Chapman Administrative Assistant 105 Polk Avenue Cape Canaveral, FL. 32920 Dear Madam: 3390-5 N. Courtenay Pkwy. Merritt Island, FL 32953 We have determined that we will NOT be able to construct the site plan submitted to you as the BeachPort Townhornes located on lots 13 and 14 on Adams Avenue in Cape Canaveral. We are requesting reimbursement of fees paid for this project. Thank you for your continued efforts and I wish you continued success. rely, �\ aydan Martin M. President Poet -it° Fax Note 7671 Qir p/ 1► T°S4.44.12.44. From Co./0 c kry, CO. Prone — ,2. 42_ Phan. ,ttr " 'Ids _! ry�i/ " \ a$73 - cf'!13 er# , COMMUNITY APPEARANCE BOARD tr1 o� 1-I�u)nhou�se "14 APPLICATION & GENERAL INFORMATION TO BE COMPLETED BY APPLICANT Date Submitted: FOgU4gy /a/ 0100 Project Name (if applicable): C�►c.�PD({ /oc.Jh( �onte .314Ms Mic. Project Address: Legal Description: Section' a3 , Township c 5 , Range 3'7E. Lot(s) (3 45H , Block Z , Parcel Subdivision: Avon by A -he_ 3Pa Name(s) of Property Owner(s) : Y2W'J Owner(s) Address: 33 90 - .g k{oo00L4 eT&lA y Pew)/ I.'! �(.. 3dt 3 Phone#: (3I) `rS 3 -74rs-I Fax#: 5°1- ¥S~3 - iferl Applicant Name: 14A' 4 1l ^l i4 .Ctiylft A/ Phone#: ���'t� Fax#: Date: ���f� (Office Use Only) Is application complete. O. If no, date application re • ned to applicant: Date/Time Board consider request: muck) 5 )2.O 1 -7 f rfl Applicatio e: '5.0 Fee Paid: NO Application Reviewed by: 59V. Date Reviewed: c2 I is In -3- 02-12 910 j�,/ Jloc 07 *3500 0-0-townhcase, (Ands LEVEL II Commercial & industrial projects over 850 sq. ft. 4 or more residential units Commercial fences REQUIRED INFORMATION DOCUMENTS SUBMITTED YES NO Vicinity Map locating all zoning classifications • ✓ (9 Copies) For new development of unimproved property, a rendered concept plan depicting, in detail, location or landscaping and all the elements on site. (9 Copies) All preliminary elevations. (9 copies) Minimum of three colored photographs of site ✓ and setting, including surrounding properties. Materials, textures, and colors depicting location of colors. (May be presented at the meeting. (9 copies) Application Complete: yes Application Incomplete: Application Reviewed by: SP- Date: a I I a I01 -5- PLAN CHECK LIST (UNIMPROVED PROPERTY) LEVELS I & II Size, height, number of units, and location of proposed and existing structures. Dimensions. Total gross area and percentage devoted to structures, parking and landscaping. Number of parking spaces. raffic flow diagram. Parking and/or driveway(s). ng districts of neighboring pro ties. V North V South ✓ East West V" 'Location of parks, canals, waterways, boat slips, swimming pools, recreation, dumpster and type of dumper screening, dune crossover (if applicable) . Sidewalks: existing , planned Location and type of landscaping. Total square footage of building areas including: living and under roof. # of parking s spaces of handicap spaces -7- CON CON • R3 CON CON BANANA RIVER PROPOSED FUTURE LAND USE Cl COMMERCIAL C2 COMMERCIAL/MANUFACTURING MI INDUSTRIAL RI RESIDENTIAL R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLIC_/RECREATION CON CONSERVATION AREA A ARCHAELOGICAL SITE SCALE: 0 500 1000 BR92 BP25 BR91 BR90 BR94 8R93 BR96 CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Figure 7-3 UOL' uC 5 11 CC�� a NTIC OCEAN Froper+y Ivey, Harris & Walls, Inc. PLANNERS • ENOPEEN • LANDSCAPE ARCHREOT8 u: E. 0m,•• A••:w• • an• m0.mr•. rm. n avn n.•..m • •n • •ue m •m m . ma• JOB NO. 958.04 NAME: 01-05-99 1.:\PROJ\009860•WPSVIC7u1.4 91•a0N9 LOT 13,14 ADAMS CTbi 011-10 `puela,�ai� many iaadsozd I01 undmop smniipm-uimiags ag the 86/6 SO 400Z-999 speiap atom zoj iaqui aas, Aueg azniezadmas uoueailddy isapeozg . opom iuteda>i I3AO 2ut1uud nos • aauuisisag >pej de-i ivaiiaaxa . uoisaupy Vutpueis1n0 . uouuaia)i zoiop poop • iistu1d ssoi0 g2TH • -Aznivao u zano zo} samog JO suotiiau zoi sea 11 SC ivamisanut isareaz2 inoX Jo zouaixa alp "amid pun *next dms ia-t IMldd 3sva 1I0 SSO19 2IORI31X3 ®dMS * XiuuzzeM paumti zeaX9 n szaiio papa,' zauieahl uotsagpy poop • iueists-a zagieaM . aoueistsag aped poop . 02ez3n0p uanozd . •saae_Izns ioopino of Xineaq pus `uouaaiozd Xupgainp Ieatmouooa zanuap s2uunoa znindod ?soul, NIIIYS (INV 1Y13 XUUV12IORI31X3 ®1D332I1d 2I1HId3M ,, Xiuezznm paumtl znai( Z i n szaiio 001-d iunistsag zaistig �4 $utiaad . aaunistsaJ aped ivallaaxa . aezanop poop • Tunisisa>liulp • $utpiH 2utpueis1n0 . atlAzay MOT • iaatoga snauamy st 2utinoa 1(ulnnb stuff /Cum UOseaz pooV u sazagi pay •ianpozd smziIltm-utmzags zauio /(ue ue4T 00i-y quM paiutnd air -s-n aui ut samou atON SSO19 (ENV `NAYS `1d13 X11H12IORI3iX3 ®OOT-d -Xiuezzem paumti zeal( OZ n sza3}o iutedzadns 2uuaistlg • ag'(zay %00I • 2utiaad . uotsaupy • 2umlnup . aBuzanop • dutpn.d . $utp1H Teop au0 . of aaUeisisall ivallaaxa zotzadns •aaueuuo_izad pun Xuienb Ie1Oi ut aiumpin au' uuantlap siuted xainl zouaixa mntmaid ali air ?soul, SSO19 HJIH QNV `SS019 `MIINS 1d13 X31d12IO11I31X3 ®IMI�d2I3df1S Amid •ssa0Ons e iaarozd 31asznoX-u-op znoX alum dlaq of aotnpe iuuoszad Tzadxa pue `saptnpzaMsuy `siooi 'slat -Told uouezedazd aan}zns oneu Osln am -1a2pnq fue X(Jsurs of saaud Jo Auez e ut Tutnd .zouaixa }o rout' ivaipaxa znoi anel aM oonpoid Sup ooi -uouaaias zapeozq e zo; zomoalas ®szamsuyzoiop zouaixa alp of zalaz 'ausop noi( opals iaux? all meiuOa Tou saop plea sup uo s.ioioa Jo 1uzzn auT JI z zojoa �u�u-a>�T-Tsnf zoo �uijoo-1 SUNBELT collection EXTERIOR COLORS Custom Color Schemes created by the color professionals of Sherwin-Williams. 3. 1. 3. 1. 3. I . Natural Tan 2. Alpine White 3. Sunporch 1. Devon Cream 2. White 3. Skyway Blue 1. Silver Beige 2. Villa White 3. Strawberry Hill SW 2431 SW 2427 SW 2192 SW 2447 SW 2123 SW 2263 SW 2422 SW 2443 SW 2296 2. 2. 1. Glass Block 2. Seascape 3. Scandinavian Sky 3. Color Selection Tips: 3. SW 2249 SW 2453 SW 2268 • Consider the color ofihe roof, over1 landscaping, and neighboring ho es when selecting a color scheme. • Make your front entrance the focal point; accent the entry door and highlight the surrounding trim. • Downplay utilities, downspouts, and prominent garage doors by painting them the san ..a&the s.d 3. 1. 2. 2. 1. Casa Blanca 2. Paris White 3. Carpenter's Lace SW 2060 SW 2088 SW 2368 1. Posada Pink W 2435 2. Windfresh White S 2426 3. Taupe Tint S 010 Maison Blanc e 2. Coconut Grove 3. Wilmington 1. Stargaze 2. Clear Day 3. Trek Tan SW 2067 SW 2428 SW 2254 SW 2270 SW 2459 SW 2171 3. 3. 1. 3. 2. 1. Concord Buff SW 2339 1. Mistletoe SW 2228 1. Summer Scent SW 2312 �. Perma White SW 2130 2. Casa Blanca SW 2060 2. Cocoa Shell SW 2432 3. Steely Gray SW 2120 3. Pink Prelude SW 2295 3. Medieval Mauve SW 2145 l . Galleria SW 2108 Rainswept SW 2457 3. Minaret Melon SW 2309 Color Selection Tips: 3. 1. _ 3. • Light colors and low contrast schemes make houses appear larger, while deep colors and high contrast schemes make houses appear smaller. • Intense sunlight makes colors appear lighter, while shaded areas make colors appear deeper and grayer. • Use these schemes as shown or for inspiration in creating your own color combination. 2. 2. 2. 1. Condo Coral 2. Shy Peach 3. Victoria Falls SW 2172 SW 2441 • SW 2246 3. *1. Body Color 2. Trim Color 3. Accent Color 1. Plaza Buff SW 2164 1. Western Reserve Beige SW 2052 1. Frothy Surf SW 2242 '. Edelweiss SW 2446 2. Tuscan Beige SW 2430 2. Polar White SW 2423 Warmshadow SW 2012 3. Willowbrook SW 2225 3. Poolside SW 2400 *Samples approximate the actual paint color. All colors shown in Satin Finish.