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Land Development and Planning Project Files_4314 Tranquility Dr._20160511_Development Application 038777 Transmit To: Valerie Oakes, Town Clerk Date: April 13, 2016 Application No: #38777 Applicant/Owner: MR ROGER BROWN--Applicant/Owner Property Address: 4314 Tranquility Drive Highland Beach Florida 33487 Submit Application: Planning Board Description of Application: Site Plan Review,--Construction of Single Family Residence, RS- Zoning District a r . 1 P liminary Review �XFin I Review: ended Site Plan Review Other: THE BUILDING OFFICIAL HAS REVIEWED THE ABOVE MATTER DATED, April 13, 2016, AND HEREBY CERTI4S THAT THE FOLLOWING ACTION WAS TAKEN: Plans meet Town of Highland Beach Zoning and other governmental agencies requirements. Rians meet Town of Highland Beach Zoning requirements; however, approvals are pending with other governmental agencies. ❑ Plans do not meet Town of Highland Beach Zoning requirements. RECOMMENDATION: Applicant has submitted a site/floor plan, and elevations, to construct a three story, single family residence at the subjectpropertX, 4314 Tranquility Drive, Highland Beach, located in the residential single-family zoning district The total floor area calculations are approximately 9,128 square feet with approximately 7,501 square feet under A/C. The Town of Highland Beach Building Department has reviewed the site plan and building elevations submitted by the applicant, and found that the proposed construction does comply with the Highland Beach Code of Ordinances, Propertr Development Regulations, Section 30-64, Table 30-2, in the RS (Residential Single-Family Zoning District). PEFASE TAKE WH�TEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, i.e., LE AR G, TRANSMIT TO QUASI-JUDICIAL BOARD, ETC. Michael Dgsorcy, Iding Official CLERK'S OFFICE USE NL Y. Date Received: yJ Date of Workshop Meeting: Date of Hearing: ` zz/ZzA TOWN OF HIGHLAND BEAC PLANNING BOARD , :_? 8 7016 �"NT ORDER APPLICA�IQ0 ., Applicatio # U 3 8 7 7 7 ._ I request a h e Ageo the Zoning Ordinances of the Town of Highland Beach. This request relates to the r nts set forth in this application. PROPERTY INFORMATION ASSOCIATED WITH TIIIS�` APPLICATION Address: � PCN Icuo (-. i 1 i'. Full Legal Description of the Property[as described in the deed] or reference to an attachme t: Loi ( t i� ti�'tc��- tic'k �°�+<7 �1'�hla� ,�t'rAu1 f=L (;fe cL �n <i Zoning District: What is the location of the installation? ❑Intracoastal Waterway(ICW) Interior Canal/Basin ❑N/A PROPERTY OWNER INFORMATION Name: �� `-� �, Phone• — _ _ Fax: �_ p Mailing Address:6 �'_ Email Address:�� t APPLICANT INFORMATION Name: ClL� l -�� Phone: '_ .. Fax: Mailing Ad ress: ` FL Email Address: 6 5 C L cc + ' �" ARCHITECT/DESIGNER Stu r 1 j V INFORMATION Phone:' ✓ `�t—(j is >Fax: Name: ,_'_T_>(Te Mailing Address:-? ..t��;Yti cuuwf`f t=L Email Address:' DEVEOPMENT ORDER REQUEST Rezoning: Special Exceptions: ❑ Rezoning by a Property Owner or Party Other than ❑ Boat Basins the Town ❑ Boat Lifts ❑ Change of Nonconforming Use Site Plan: ❑ Dwelling,Single-Family,Zero Lot Line ❑ Site Plan Multifamily and Non-Residential ❑ Essential Public Service Structures ❑ Site Plan Review,Major Modification ❑ Houses of Worship W Site Plan Single-Family,Located on a Single Lot ❑ Off-Premises Parking ❑ Site Plan Single-Family,Located within a Larger ❑ Perpendicular Docking of Boats Project ❑ Post Offices Other: ❑ Recreation Facilities,Public ❑ Utility Facilities PERMIT Provide a brief description of the ro ect: 0 3 8 7 7 new X. oZ1 11 C W� 1 C -9komap, QX\6 a 3'/a COW nab I give permission to the members of the Planning Board and staff to inspect the property for the purpose of this application. I declare that all statements made herein are true, based upon the best available information, and I understand that willful false statements and the like are misdemeanors of the second degree under Section 837.06, Florida Statutes. Such willful false statements may jeopardize the validity of my application or any decision issued thereon. I have fully read the information outlining the Board procedures and application requirements. With this application, I am submitting the necessary supporting materials listed. Applicant's Signature: Date: 4 A/1,6 -------------------U------------------------------------------------------ Building Department Use: �, �� l� Date Application Received: ��r � By: Preliminary Review' Final Review: Amended Site Plan: Other: ans meet Towri of Highland Beach Zoning and other governmental agencies requirements. Plans meet Town of Highland Beach Zoning requirements, however, approvals are pending with other governmental agencies requirements. ❑ Plans do not meet Town 'ghl ach 'ning requirements. OfBuilding Official Signature: — Date: n Received by the Town Clerk's Office: Received By: Date: / Zz Date Public Notices Mailed: Date Legal Advertisement Published: 21Page Alan W.Garcia, P.E. 4202 NW 54xh Street Coconut Creek,FL 33073 (954)304.0098 Alan W. Garcia, PE Civil Engineering • Marine Structures • inspections • Permitting November 21,2016 -� Cudmore Builders, Inc. 1200 S. Rogers Circle, Suite 7 Boca Raton, Florida 33487 Re: BROWN RESIDENCE 4314 Tranquility Drive Highland Beach, Florida Gentlemen, DLS Prestressed, Inc. installed(111) 14"diameter augercast piles to a depth of 45' feet below existing grade. These piles were installed from 1 ]/04/2016 through 11/]5/2016. These piles were supportive of a 35 ton allowable compression capacity for augercast piling. Grout used was a 5,000 psi with .40 water/cement ratio at 28 days(equivalent to 6,500 psi).The concrete pump was calibrated at .91. The reinforcement steel used in each pile consisted of(4)#6 bars x 47' with #3 ties at 12"on center upper 14' then 48"on center for balance. The piles were installed adequately in accordance with the permitted plans, specifications and Florida Building Code. Si cerely, arci , P.E. Fla. Reg#42564 DLS PRESTRESSED, INC. Date: 11/21/2016 Customer: Cudmore Builders, Inc. Project: 4314 Tranquility Drive Highland Beach, FL Cages -(4) #6 bars X 47'with #3 ties at 12" on center upper 14' then 48" on center for balance. Theoretic Total Pile Volume of Pile No. Date Installed Length Pile Pump Grout Grout Remarks (cu. ft.) (ft.) Volume Strokes Pumped Factor cu. ft. 1 11/4/2016 45 48.11 115 104.65 2.17545 Pool Deck 2 45 48.11 61 55.51 1.15393 Pool Deck 3 45 48.11 61 55.51 1.15393 Pool Deck 4 45 48.11 114 103.74 2.15653 Pool Deck 5 45 48.11 115 104.65 2.17545 Pool Deck 6 45 48.11 60 54.6 1.13502 Pool Deck 7 1 45 48.11 58 52.78 1.09718 Residence 8 45 48.11 60 54.6 1.13502 Pool Deck 9 45 48.11 60 54.6 1.13502 Pool Deck 10 45 48.11 61 55.51 1 1.15393 Pool Deck 11 45 48.11 62 56.42 1.17285 Pool Deck 12 45 48.11 61 55.51 1.15393 Pool 13 45 48.11 61 55.51 1.15393 Pool 14 45 48.11 61 55.51 1.15393 Pool 15 11/7/2016 45 48.11 61 55.51 1.15393 Residence 16 45 48.11 59 53.69 1.1161 Residence 17 45 48.11 59 53.69 1.1161 Residence 18 45 48.11 60 54.6 1.13502 Residence 19 45 48.11 60 54.6 1.13502 Residence 20 45 48.11 59 53.69 1.1161 Residence 21 45 48.11 60 54.6 1.13502 Residence 22 45 48.11 59 53.69 1.1161 Pool Deck 23 45 48.11 60 54.6 1.13502 Residence 24 45 48.11 60 54.6 1.13502 Pool Deck 25 45 48.11 60 54.6 1.13502 Pool Deck 26 1 45 1 48.11 60 54.6 1.13502 Pool Deck 27 45 48.11 59 53.69 1.1161 Pool l 2l b Gar ia, E. FL Reg. #42564 Page 1 of 4 DLS PRESTRESSED, INC. 28 45 48.11 60 54.6 1.13502 Pool 29 45 48.11 61 55.51 1.15393 Pool 30 45 48.11 60 54.6 1.13502 Residence 31 45 48.11 121 110.11 2.28895 Residence 32 11/8/2016 45 48.11 70 63.7 1.32419 Residence 33 45 48.11 72 65.52 1.36202 Residence 34 45 48.11 60 54.6 1.13502 Residence 35 45 48.11 61 55.51 1.15393 Residence 36 45 48.11 61 55.51 1.15393 Residence 37 45 48.11 65 59.15 1.2296 Residence 38 45 48.11 71 64.61 1.3431 Residence 39 45 48.11 62 56.42 1.17285 Residence 40 45 48.11 57 51.87 1.07827 Residence 41 45 48.11 57 51.87 1.07827 Residence 42 45 48.11 53 48.23 1.0026 Residence 43 45 48.11 57 51.87 1.07827 Residence 44 45 48.11 57 51.87 1.07827 Residence 45 45 48.11 58 52.78 1.09718 Residence 46 45 48.11 59 53.69 1.1161 Residence 47 45 48.11 70 63.7 1.32419 Residence 48 11/9/2016 45 48.11 60 54.6 1.13502 Pool Deck 49 45 48.11 59 53.69 1.1161 Pool 50 45 48.11 58 52.78 1.09718 Pool Deck 51 45 48.11 61 55.51 1.15393 Pool Deck 52 45 48.11 60 54.6 1.13502 Pool Deck 53 45 48.11 61 55.51 1 1.15393 Pool Deck 54 45 48.11 59 53.69 1.1161 Pool Deck 55 45 48.11 58 52.78 1.09718 Pool Deck 56 45 48.11 61 55.51 1.15393 Pool 57 45 48.11 60 54.6 1.13502 Pool 58 45 48.11 57 51.87 1.07827 Pool 59 45 48.11 57 51.87 1.07827 Pool 60 45 48.11 59 53.69 1.1161 Pool 61 45 48.11 60 54.6 1.13502 liollp I A! arci , P. FL Reg. #42564 Page 2 of 4 DLS PRESTRESSED, INC. 62 11/14/2016 45 48.11 60 54.6 1.13502 Residence 63 45 48.11 60 54.6 1.13502 Residence 64 45 48.11 60 54.6 1.13502 Residence 65 45 48.11 60 54.6 1.13502 Residence 66 45 48.11 60 54.6 1.13502 Residence 67 45 48.11 60 54.6 1.13502 Residence 68 45 48.11 60 54.6 1.13502 Residence 69 45 48.11 60 54.6 1.13502 Residence 70 45 48.11 60 54.6 1.13502 Equipment Pad 71 45 48.11 60 54.6 1.13502 Residence 72 45 48.11 60 54.6 1.13502 Residence 73 45 48.11 60 54.6 1.13502 Residence 74 45 48.11 60 54.6 1.13502 Residence 75 45 48.11 60 54.6 1.13502 Residence 76 45 48.11 60 54.6 1.13502 Residence 77 45 48.11 61 55.51 1.15393 Residence 78 45 48.11 59 53.69 1.1161 Residence 79 45 48.11 60 54.6 1.13502 Residence 80 45 48.11 59 53.69 1.1161 Residence 81 45 48.11 60 54.6 1.13502 Residence 82 45 48.11 61 55.51 1.15393 Residence 83 45 48.11 60 54.6 1.135021 Residence 84 45 48.11 60 54.6 1.13502 Residence 85 45 48.11 56 50.96 1.05935 Residence 86 45 48.11 56 50.96 1.05935 Residence 87 45 48.11 56 50.96 1.05935 Residence 88 45 48.11 56 50.96 1.05935 Residence 89 45 48.11 56 50.96 1.05935 Residence 90 45 48.11 56 50.96 1.05935 Residence 91 45 48.11 56 50.96 1.05935 Residence 92 45 48.11 56 50.96 1.05935 Residence 93 45 48.11 56 50.96 1.059351 Residence 94 45 48.11 56 50.96 1.05935 Res i a ce 95 11/15/2016T 45 48.11 56 50.96 1.05935 Res de e I )pl)I,I I � b Ala arcia, P. . FL Reg. #42564 Page 3 of 4 DLS PRESTRESSED, INC. 96 45 48.11 56 50.96 1.05935 Residence 97 45 48.11 56 50.96 1.05935 Residence 98 45 48.11 56 50.96 1.05935 Equipment Pad 99 45 48.11 56 50.96 1.05935 Residence 100 45 48.11 56 50.96 1.05935 Residence 101 45 48.11 56 50.96 1.05935 Residence 102 45 48.11 56 50.96 1.05935 Residence 103 45 48.11 56 50.96 1.05935 Residence 104 45 48.11 56 50.96 1.05935 Residence 105 45 48.11 56 50.96 1.05935 Residence 106 45 48.11 56 50.96 1.05935 Residence 107 45 48.11 56 50.96 1.05935 Residence 108 45 48.11 56 50.96 1.05935 Residence 109 45 48.11 56 50.96 1.05935 Residence 110 45 48.11 56 50.96 1.05935 Residence 111 45 48.11 56 50.96 1.05936 Residence Totals 4995 6800.00 6188.00 Alan W. Garcia, P.E' FL Reg. #42564 Page 4 of 4 ' I IYII II NII 11 IIA YI III 11111 II NII��all��lil�IYUI AETFF kEMMMOWL&AT 1 1 CFI',I :201602c�.13050 L-I -'I 1 � r �/)�n DR BK 28501 PG 0584 RECORDED 08/12/2016 08:37:30 0 3 S 7 7 7 Palm Beach County, Florida AUG 12 2016 Sharon R. Bock,CLERIC & COMPTROLLER PERMI I Y Pg 0584; (lpg) ( V HIGHLAND BEACH 0 *011!$CE6MWW�IM NT The undersigned hereby gives notice that improvement will be made to certain real property,and in accordance with Chapter 713, Florida Statutes,the following information is provided in this Notice of Commencement. 1. DESCRIPTION OF PROPERTY(Legal description of the property&street address,if available)TAX FOLIO NO.: 24-43-47-04-02-003-0060 SUBDIVISION Bel Lido BLOCK 3 TRACT LOT 6 BLDG UNIT 4314 Tranquility Drive, Highland Beach, FL 33487 2. GENERAL DESCRIPTION OF IMPROVEMENT: Construction of new single fam residence with pool deck dock fence driveway and other related improvements 3. OWNER INFORMATION OR LESSEE INFORMATION IF THE LESSEE CONTRACTED FOR THE IMPROVEMENT: a.Name and address: Roger Brown, 4314 Tranquility Drive, Highland.Beach, FL 33487 b.Interest in property: F e e S l ill p l e c.Name and address of fee simple titleholder(if different from Owner listed above): 4. a.CONTRACTOR'S NAME: Terence Cud more Builder, Inc. Contractor's address: 1200 S.Rogers Circle,Suite 7,Boca Raton, FL 33487 b.Phone number:561-995-8989 5. SURETY(if applicable,a copy of the payment bond is attached): a.Name and address: r b.Phone number: c.Amount of bond:$ 6.a.LENDER'S NAME: .�vv raw�s�5� vx Lender's address: ne numb 7. Persons within the State of Florida designated by Owner upon whom nFILIL ents In "' served as provided by Section 713.13(1)(a)7.,Florida Statutes: a.Name and address: b.Phone numbers of designated persons: arMars 8.a.In addition to himself or herself,Owner designates of to receive a copy of the Lienor's Notice as provided in Section 713.13(1)(b),Florida Statutes. b.Phone number of person or entity designated by Owncr: " 9. Expiration date of notice of commencement(the expiration date will be 1 year from the date of recording unless a different date is specified):July 31 12018 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713 PART I SECTION 713.13 FLORIDA STATUTES AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POST$D ON THE JOB SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH H YOUR LENDS OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. (Signat re o O n "� Lessee,or Owner's or Lessee's (Print Name)nd Provide Signatory's Title/Office) Authorized f Ice 9Director/Partner/Manager). State of /'2�L Iey ,4 County of C /)C!f The foregoing instrument was acknowledged before me this l� day of &5 20 /( by 2eo c�/L /Z b e'J Aj as for (name of person) (type of authority,...e.g.officer,trustee,attorney in fact) (name of party on behalf of whom instrument was executed) Personally Known or Produced Identification Type of Identification Produced 6113Rh'L GREENBERG ,. . MY COMMISSION#FF191436 Ina re of Not Pub e) EXPIRES March 5,201 s (Print,Type, r al Commissioned Nam of Notary Public) O h„ (am)a99-0153 FloridallotaryService.com Rev.10-15-12 13F rL6RF 0a 1L':i 3UkCH t;UUPI;Y I siereby certify that the foregoing is d true'Gpy of t^a record my office w;th �. rodartipils, If any a5 requ-, J U a':V. ma t F �0 THIS J�4 D c�_ � �. SHARON R. -OCK CLERK&4OMPT '�LLER �"' M31K'IK+d 4CtYIKiK p1 �,+wtc nnao w..inurll oll'++y y r M4 151 � V4IIft7t!',L1it)OJ yK7Y7li W-,v,; L}is'E£'Id NOtvii v�08 . FrJv?y U.vYvttrlN rt0:+.w 1 3111TS 3'IJ�S?I3JQ?I'S'OOZ I "'""'""�b w u•�`s TT JP¢maim 3�I�QIS32t=�IAhONE 3a01NQ11� u.naaatlM�I v 1 a Jtal Y91N1 111�� r7 j� j No i �I � I p Cr r---'` ------- ---i—= =-- .-----_---__-•_•,� ----- 11 1 I r I- 42 I . p -N ate17 __ 67 � `� ®• I 1`• ' -----� ----'---- --•� 1__fir--��W I ...�-('�.—I vC I i _ , C19 (�f I i , I`V J 'O rim mkm 1 I � rv) PrT cm cm I _ 1 I 1 I ran Zm I I ZNi 1 i ) I ' -- '•........yam - L.. .. 'I ` I ! ' I I I r 7PERMIT AUG 12 2016 0 38 7 7 7 HIGHLAND BEACH BUILDING DEPARTMENT NUMBER This instrument was prepared by and RETURN TO: - -� Steven D. Rubin, Esq. tr Flit E I 200 West Palmetto Park Road, Suite 301 Boca Raton, Florida 33432 WARRANTY DEED THIS INDENTURE, made this day o 2Q15, between Alice J. Celentano,a/k/a Alice J.Celenano,a single woman,431 Tranquility Drive,Highland Beach, Florida 33487, grantor*, and Roger Brown, a single man, whose post office address is 840 Coventry Street,Boca Raton,Florida 33487, grantee*, WITNESSETH that said grantor,for and in consideration of the sum of Ten and no/100ths ($10.00)Dollars, and other good and valuable consideration 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 and assigns forever, the following described land, situate, lying and being in Patin Beach County,Florida, to-wit: Lot 6,Block 3,BEL LIDO, according to the plat thereof,recorded in Plat Book 25, Page 97,of the Public Records of Palm Beach County, Florida SUBJECT TO: Comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority;restrictions and matters appearing on the Plat or otherwise common to the subdivision,public utility easements of record. and taxes for the year 2015 and all subsequent years. 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. Page 1 of 2 *"Grantor" and "grantee" are used for singular or plural as context requires. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presenc.: ltnesS` A�-,4L 7,ga, FILE Print name of witn Wit76r in 'A �Y (SEAL) Print name of witness Alice J. Celentano, a/k/a Alice J. Celenano STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of44-44—&14-, 2015, by Alice J. Celentano, a/k/a Alice J. Celenano, who (please check one) is (are) personally known-ttoo me R 1�/ has (have) produced �'G,� �" fit.tl� as identification and he/she/they (please check one) did take an oath x did not take an oath. My Commission Expires: Notary Public 00 Notary Public State of Florida NA Steven 0 Rubin Property Control No. 24-43-47-04-02-003-0060Y Commission FF 09$959 Expires 0 310 3/2 01 B Page 2 of 2 Building Department 3614 South Ocean Blvd. Receipt Number: RCPT2016-1549 Highland Beach, FI 33487 561-278-4540 Payer/Payee: TERENCE CUDMORE BUILDER Cashier: Carol Holland Date: 10/12/2016 1200 S. ROGERS CR# 7 BOCA RATON FL 33487 DRIVE38777 BUILDING 4314 TRANQUILITY Fee Description Fee Amount Amount Paid Fee Balance Building Permit Fee $25,200.00 $25,200.00 $0.00 Building Code Administration & Inspection Surcharge Fee $378.00 $378.00 $0.00 Florida Department of Commerce Surcharge Fee $378.00 $378.00 $0.00 $25,956.00 $25,956.00 $0.00 MethodPayment Reference Payment Amount Number CREDIT CARD $25,956.00 Total Paid: $25,956.00 Previous Related Payments Receipt# Receipt Date Fee Description Amount Paid Permit# RCPT2016- 04/08/2016 Planning Board Fee $200.00 38777 577 Total: $200.00 Printed 10/12/2016 15:31:00 by Carol Page 1 of 1 • Termite Inspection e5�5 Christ is �orq 772-323-7921 • Termite Pretreatment • Pest Control � EUICt-A-Bug Toll Free: 1-877-365-9990 Termite & Fax: 772-340-5990 • Rodent Service Pest • Fire Ant Lawn Service Control, Email: Evictabug@gmail.com • Whitefly Treatment 4 Inc. 2373 SW Woodridge St. • Licensed & Insured Lic.JB175775 Port St. Lucie, FL 34953 Notice of Preventative Treatment for Termites (as required by Florida Building Code(FBC)104.26 and Broward C u ty Chapter FBC 105.2.2) PEST PREVENTION I FIRE ANT SERVICE I TERMITE SERVICE I RODENT EXULISI I WHITEFLY TREATMENT DATE OF SERVICE TIME -7 DEVELOPMENT NAME(PROJECT) CONTRACTOR'S NAME CONTACT PERSON STRUCTURE ADDRESS(LOTIBLOCK) 1 r C STATE,ZIP CODE COUNTx Lj j (} n TREATMENT TYPE/AREA ❑FLOATING ❑MONOLITHIC ❑PATIO ❑GARAGE ❑DRIVEWAY ❑STEM WALL/FOOTERS ❑ADDITION ❑CUTOUTS ❑FOOTER ❑FRONT ENTRY ❑RETREAT ❑BORA CARE TREATMENT ❑PLUMBING CUT OUTS ❑SIDEWALKS ❑TAMP&TREAT ❑TREAT ONLY ❑FINAL ❑POOL DECK ❑OTHER PRODUCTS ❑BASELINE ❑DOMINION 2LACTIVE INGREDIENT ❑TERMIDOR SC ❑BORACARE ❑PREMISE ❑TALSTAR ❑OTHER ACTIVE INGREDIENT ❑IMIDACLAPRID O BIFENTHRIN ❑DISODIUM OCTABORATE TETRAHYDRATE CONCENTRATION ❑.06% ❑.12% ❑.25% ❑.05% ❑23% ❑9% ❑OTHER GALLONS APPLIED SQUARE FOOTAGE LINEAR FOOTAGE SQUARE FOOTAGE VERIFIED ❑YES ❑NO ❑MEASURED OR VERIFIED PER PLANS JOB READY CONDITIONS MET ❑YES ❑NO DETAILS As per 104.2.6 FBC-If soil chemical barrier method for termite prevention is used.Final exterior treatment shall be completed prior to final building approval. Certificate of Compliance:The building has received a complete treatment for the prevention of subterranean termites. Treatment is in accordance with rules and laws established by the Florida Department of Agriculture and Consumer Services.(Per the Florida Building Code.) If this notice is for the final exterior treatment,initial and date this line FINAL STICKER tw ❑ELECTRICAL PANEL ❑WATER HEATER ❑OTHER Payment Terms: Payment due at time of service. Date Applicator:(Evict A Bug Termite and Pest Control,Inc.) Date Customer(Property Owner or Agent) www.evictabugpestcontrol.com 8" CMU WALL W/#9LADDER REINFORCEMENT @ 16" O/C VERT. PROJE6T 6LA�§Ib LLt 7318 TEXAS TRAIL BOCA RATON,FLORIDA 33487 _Z / PH:(954)667-7803 FAX:(561)665-5438 a- : STRUCTURAL ENGINEERING Q cn WWW.PROJECTCLASSIC.COM Q U INFOOPROJECTCLASSIGCOM 0 w CA#29407 0 T.O.S SEE PLAN No 7N4 1 - � �O•. TATE F GRADE AM REINFORCING TO /% PILE CAP REINFORCING. '� ��••.. �� COD DISTURBED. THROUGH PILE CAP ��ONAL • • • IS URBED. co " -�. 12 z 12 �S� l� 'co /`0 W rn gels POURED CONCRETE PILE CAP: 1 -30" DEEP x 30" WIDE x 30" LONG _ ONJE P 1 L f 4 3 I q Tltot v( -(3) LAYERS OF (4)#5's EACH WAY. OFFSET P-1--LECAP J "SCALE: 3/4 = 1 ' �/ L i s s PERMIT AUG5 12 zoos 0 3 8 7 7 7 �RE �� HIGHLAND BEACH BUILDING DEPARTMENT NUJ ,E k STRUCTION CONTRACT— COST' IGLUS rIXCD r)✓� .or Construction Prgiects on a I Ionlcowner's Property) THIS DOCUMENT CREATES IMPORTANT 1,1"sGAI, OBLIGATIONS THAT YOU SHOULD UNDERSTAND PRIOR TO SIGNING. lF YOU ARE, UNCERTAIN ABOUT YOUR RIGHTS OR OBLIGATIONS UNDER 'I HIS AGREEMENT, YOU MAY WISH TO CONSUL,I'AN ATTORNEY, I. PARTIES. TERENCl- C'UDMORI. BUILDER INC. (the "Builder") who is n member in good standing with the Florida Atlantic Building Association and Roger Brown (the "Owner") (the Owner and Builder together will be referred to as the "Parties") are entering into this Residential Construction Contract (called the "Contract"), Construction finance lender (called the "Lender") is a bank to be established. The purpose ol'this Contract is (i) to establish and define the construction activities that the Buildcr will perl'ol•nl, and (ii) to delineate the general obligations fain responsibilities of the Parties. 2. LOCATION AND (;ENRIZAL SCOPE OF WORK TO BE PERFORMED. Owner hereby agrees and promises to pay Builder the "Cost of the Work" and a "Builder's Fcc" as hereinafter specil led, plus ally additional authorized expenditures. In consideration of such payments, the Builder hereby agrees to flurnish certain labor, services, equipment, materials, and other related activities (herein called the "Work") for the construction of certain improvements, generally described as a private residence (tile"I ionic"), on 4314 'tranquility Drive Highland Beach VI 33487 in Palm Bench County, Florida(the"Property"). The Home will be constructed in substantial compliance with certain schematic drawings and renderings which have becnhvill be prepared by Brenner Architecture Group,dated July 22, 2016, loud consisting of pages, that have been initialed by the parties 1101- purposes of identification and which by this reference are incorporated into this Contract (tile "Plans"). ill addition to the Plans, construction of the Home shall incorporate certain materials and equipment, and comply with certain procedures and requirements (collectively referred to as the "Specifications") which lure detailed in the attached Exhibit "A". In the event of a conflict between the Plans and the Specifications, the Specifications shall control. Should a detail ofthc construction not be provided within the Plans and/or Specifications, or should an alternative building practice be available ill lieu of a specified procedure, the Builder may select a construction procedure that complies with applicable building codes and sound engincering practices. j The Plans and Specifications may be modified, limited or negated as the Parties may subsequently agree in writing through "Change Orders" as defined in Paragraph 8 of(his Contract. It is specifically understood and agreed by the Parties that Builder is not responsible 161. and in no way endorses (lie accuracy or completeness of the flans and Specifications to (he extent they have been prepared by an independent architect, designer or other third party. The compliance of the flans and.4pecificallons with fill applicnhle buildi ig wiles•, regulcrllon.s•, restrictive covenants or other conditions affecting the IYopenp(lrrclnding easements)shall also be the Olvnei-'.v responsihilill'. Unless otherwise specified, materials used by the Builder in the performance of the Work shall be as prescribed in the flans and Specifications, subject to substitution at Builder's selection should an item not be reasonably available or if' (he procurement of such item would Cause undue delay in (he progress of the Work. Any substitutions shall be of comparable grade and quality and shall be specilied in a Change Order. Ilowever, the construction of'the IIonlc is also subicet to ally ehanges ill the ]'fans and Specifications as may he required by federal, state or local governmental authorities. Owner I'll rther acknowledges that other minor changes may occur in the Work and agrees that so long as the construction of the ]-Tome is substantially in compliance with the Plans and Specifications, any such minor I deviations will be aecepted. FF ' LIE Page 1 Initialed for lcientification 3, C:UST U p111111H, WOMUBUII,1)l'm'S 1''1' ;, The Owner Ilgives to pity tile Builder, in inutledialcly available Ilutda, the"Cost ol'the Work"as dolmod below, which Includes a"Builder's hco". The Builder's Fee Shall be it fixed;cum of $350,000. 'file tornl "Cost of'tile Work"AIM mean the nctunl costs Incurred by the Builder lit file perl'orninncc ol'the Work for tine liollowlsg activides; (1) Wagos of Suporintcndent, sharcd [illy percent (50%) Willi another Bulldor olicnl, directly employed by file Builder to perlorm Work, Including,wollill'e, unemployment coniponsntlon, social sccill-ky and outer slandard benefits, Including bill not Ilntitcd to vehicle mileage allowance,mobile phone; b) Payments madc by the Builder to subconu'nclors ror labor perlbrnted and the cost of all moterinls, temporary liloilities, equlpatcat and 1)a11(1 tools not customarily owned by snbeolltraewis, which nre provided by tie Buildor at the Properly and substantially consumed lit the porl'orimince ol'the Work, its well oS reasonable I.0111111 costs roi'tillcli i(ellls; e) Cost of transportation, includins dolivery, handling and Storage charges 1101. 11111toritlls m►d equipnlont that is incorpol•alad Into the 1.101110; (1) Engineer's Ices and refilled expenses liar the preparation or fill clighlecred Ibundation and shvctural plan, as well Its any lestinZt ofthe soil and pad completion,and inspcodon ol'structurnl clelliews and the roundatioll; c) Costs associated Willi the preparation and revision of flans and/or Specifications, its well as Survey Ices, and charges rim copies of oily Sill-Vey plats and cons(ruetioll plans; f) Any costs rcfatc(I to extra Work incurred because ol'deficicneies in the Plans and/or Specifications prepin•ed by others,or(file to circumstances that were not reasonably foreseeable; g) rxpcnses for instinince nod boll([ premiums directly attributable to the construction of file Home, including; but not limite(l to Ocnorol Liability insurance at a rate or0.95%; 11) Losses and expenses(including thcll and van(Inlisnl), not compensated by insurance or otherwise (including Builder's deductible tindor any insurance), that in'ise (1•0111 errors or omissions by subcontractors or suppliers in connection With the Work; provided that Builder's purposclill lict or omission did not give rise to those losses; i) Sums pilid by the Builder 1'01, tap charges, standby recs, impact fees, permits, titility hook-up foes, and gas, clectricaty, water and local telephone Sol-vice to file Property and i•lome during construction, j) Sales,use or similar taxes related to the Work and which yin m fl fti.l3iu c.c1� �'�"m` k) Cost ol'clenn-up Imd removal oklebris from the Propert PN ' 1) Costs Incurred in Inking notion to provost fill-cittellod(11111 , e, injnl- ilsLawain e11;t scnoy, In light of,the irtlinaultion presently nvailuble to the Builder wl t�t'eS wo 4t+ i " the construction (inchl(ling any flans nll(I 5pec11ieations produced by others), Ut .;i4i�a n(eount alio«'ti oh Ihn1 huvr, been established lily curtain (dcnicnls ol'tile Work which remain till(lute rill Ilid at this tittle, the Builder call only provide nil ES TIMATle, ol'the Cost ol'the \dark, that suit being; $1,975,900.00. Builder Is not able to specify the precise Cost of the Wort: because of the loregoillp limitations and because exislinl prices lilt commodities to be incorpormcd into the I lonw, lumhcr, crn►rnt, shccuoclO could (llntt).v dining the progress of II►c Work and the cost of labor and equipnlrnt also Iluctimic. Addifhullll/v, rho adc'lli avy of the o/loll-un e wilumlts•fill• !Illl/llmlces,fixtilres, flour ('!!vexing.►', env. (11.1, Ih,ter/11/11i'd «I/hllately 1v the 011'llNr v still jective c•ullsldel-allons (if gmditr, sq'h' and %rill r.'/lullll/l/►'. 4. i_AYMENT PROCEDURE,. The Olvner al;rees (11,11 the Cost of Ilse Work will be paid by Owner or Lender to 1311ii(Iel•ill 13tcilder's olliee ill Boen halo[[, Florida in nlonlhly insulllnwnts, the first such inslllllnlent in the amount of ti100,nmmm Sind payable w exectltioo of'this Contract and approval of'(lie Lender. The initial instrument (Wilk: Cost of Ifs; Work is not rel'illidahle undo clay circt►nlstances and is to be applied against Builder's cost;: of corU•acl prepuraton, blldgel It rmilhilioll, resvill•ch oil specialty rabl•icale(I items. materials deposits,etc. The cost ol'the Work and the Builder's lice shall be payable through it series ol'written requests front Ilse Builder 1101. payment (each to be referred to as it "Ura%v Itc(pics(") submitted to Owner or Lender as the Builder contraets rot.or purclillses materials, and as Work is perlormed. Each Draw Request will be submitted to Owner or bender monthly oil the first ol'cach nlonlh. The Draw Request shall Specify in reasonable detail the materials ordered/purchased and that portion o('lhc _ lnir(ale(i fir Idenrifit:nrinn�_,_..� f'ItgC z Work perlormed, based on the actual costs incurred or to be incurred by the Guilder lit purchasing materials and performing the Work. Builder will provide copies orall invoices, proposals mid contracts which support tits Builder's Draw Requests. The first Draw Request, in the aillount or$ will rand Builder's initial construction costs and is payable prior to conumenccnlcnt of Construction. Owner or tender shall pay subsequent Draw itequests to Guilder, withitl tell (10) business(Illys ofsubmission orthe Draw Request.The Parties acknowledge and understand that Draw Requests may be subject to withholding or retailing by the Lender. 'file Owner or Lender shall pay ally portion or the Cost or the Work and any applicable Guilder's Fee that have not been previously paid upon Filial Completion of the Work. "Final Completion" is defined its and will be evidenced by: (i) Substantial Completion orthe Work, (H) all required governmental and regulatory agencies shall have approved the completed Work and have authorized Owner's occupancy of the Property, i.e. Certificate of Occupancy, (Ili) Guilder has Furnished to Owner the Builder's Affidavit or Waivcr of Licns (Conditioned upon rcecip( or final payment) and all Affidavit or Completion. 'i'ltc existence of minor cosinctie repairs and ndjtlsllnCnts shall not delay Final Completion and the payments dlle to Builder at that time. Under no circumstances shall file Owner be permitted to Occupy the I-lonlc without paying in 11111 the contact Price. 5. ACQUISITION OF IT011ERTY AND FINANCING 01? WORK. Owner represents and warrants that the Owner presently owns or has contracted !'or and will purchtse the Property in I'm simple, free and clear orally liens or encumbrances (recorded or Unrecorded), except 11or purchase money liens and encumbrances that are common to the platted subdivision in which the Property is located. Owner Iin'ther represents that there are no restrictions, regulations, rules, proceedings or lawsuits pending which would interfere with the Work contemplated by this Contract. I;xccl)t as provided I'or in Paragraph 4 above, neither Party assumes ally duty or liability under this Contract until (a) Owner has acquired the Property, (b) Builder receives and approves title documentation and a survey to be provided at Owner's expense in a florin acceptable to Guilder, and (c) the Owner provides the Guilder with written evidence or the availability or lands to pay the Cost or the Work and the Guilder's h'ee and Gtlildcr's PCrccmtagc (ir applicable) in Bill, said actions to be concluded and inrornation provided within thirty (30) clays after tilt signing of this Contract. II' within that tittle the Purchaser cannot qualify for the necessary financing, or Builder is not reasonably satislied that the financing condition has been ntct, Builder may terminate this Contract and retain (lie initial installment of the Cost orthe Work. Ill securing financing, Guilder agrees to reasonably accommodate the requests or Owner's third party lender, Owner stcknolvlcdgcs and agrees,however,that tilt loan documents that Builder is asked to sign must be ill a I'm rcasnnslbly acceptable 10 Builder and that such docunlclits will protect the rights of Builder independent of', or ill conjunction with, Owner's Coilst'uelioll financing, funifor its the i-elitthlnship betweelt Otiviet• and l3ttildrr is concerned, the terms oni/conditions of'th1.V controct shall not he viperseded or modt(led /i), the Owner',v construction flni acing ilocuntemotion tudess the supunded or mod/led provLvlon lit this ConUroct is idenllfled, winotetted and iitiNideel b1, the P(irthw. Owner f taher agrees that it sholl pi.P,lbr of{1, loin/ closing fom, Sury;p coots«nd in{V reovonable rind neCPSA'illy (11101YKa'.5'flees i warred /Itr Builder incident to 011'11er's wettring !loft Amps or the f/tndinl; of un.P st(ch loin. G. 5U1'f A131LITY OF BUiLDING SITE/FOUNDATION. Owner shall have the sole responsibility ofdcsignatillg the location of,the H011ie oil (lie Property and securing any necessary encroachment agreements with adjacent landowners or casement owners. Owner, a11cr consulting with Builder, shall secure one or more independent professional engineers(the "I:ngillecr") to conduct soils testing and prepare all engineered foundation plan rind a structural li'amting plan that will supplement the Plans and Spccific►►tionti. The cost of soils testing preparation al' an cngineered I61111datioll and structural firanling plan, and any pad compaction testing, and foundation and Trailing inspections, as deemed necessary by the Engineer and/or requested by Builder, shall be boric by Owner (irrespective of whether payment is made directly to tilt 13mgincc►'by Builder or Owner). [3valuation of the soils on the Property, the adequacy of(lie building pad, the rotlndation and the structural plan shall be the responsibility or the Owner and the Engineer. Builder lhcrefore disclaims any warranty of or responsibility 11or such tests, reports or plans. Builder's reliance on third parties 1'01. siting and suitability or tllc design and installation of components or the foundation shall relieve the Builder li'oml all responsibility ror or liability to the Owner for the raising, shilling, heaving or settling of tllc foundation and structural elements q 4,T2 lsequential damage to the Home, provided that the Builder constructs the substantial t a cct Plans and Specifications. Initialed for Identlfi 1 tinn Page 3 7. INITIATION AND COMPLETION OF THE WORK. As provided below, Builder shall commence the Work within liltcen (IS) working clays following the Builder's receipt of'all required permits, licenses and other necessary approvals 1'or the Work. The Work shall thercaller be continued in accordance with the Builder's norn1,11 construction schedule until the Work reaches "Substantial Completion". The term Substantial Completion shall mean when the Home is st►fliciemtly complete to allow the Owner to occupy find Ilse the Home Im its intended purpose. Substantial Completion will also be dccned to have occurred when the Home is occupied by the Owner, or any applicable mltmicipal authority approves the I-lonlc for occupancy. Builder ESTIMATES that Substantial Completion of the Home will occur on or about 12 months. This dote is estimated since completion of'tile Home is stll�jcct to delays caused by conditions beyond the control of Builder("Excused Delays"), Such causes include, but are not limited to, the availability of'required materials, labor and services from subcontractors who have been retained by the Builder, Its well (is by actions by or disputes with the Owner or other subcontractors employed by Owner(1'or which Builder is permitted to suspend construction until such disputes are resolved),Change Orders that expand the scope ofthe Work, civil unrest, strikes, lockouts, fire, or other casualty, acts of God, inclement weather which interferes with normal scheduling of the Work, or failure of Owner to make decisions or make selections of allowance items, colors, of- materials, or to promptly Rind Draw Requests. BUILDER TIIEREFOIZE CAN NOT GUARANTEE SUBSTANTIAL C0171'LF.'t'ION OFT HE HE HOME ON ANY SPECIFIC DATE. 8. CHANGE ORDERS. A "Change Order" is it written agreement between the Owner and Builder to make changes, additions or deletions ill the Work. if Builder agrees to undertake implementation of a Change Order (and it has no obligation to do so), any additional costs incurred by Builder as a result of the Change Ordcr shall be incorporated into the contract budget and billed in the appropriate draw request. Change Ordcrs deleting Work or materials will reduce the Cost of the Work by the Builder's true cost savings far the deleted items. If (lie exact cost to be encountered in performing a Change Ordcr cannot be ascertained before Owner request the extra Work to be perl'ornled, all allowance shall be created for the Change Order with the cost of the extra Work being estimated, and that amount deposited with the Builder. The bnilrler~hull not be regrdred/o commence the Work called for In the Change Order until pt(vment of they.vpeclfled of esllmuted coV hus been pull to builder. Should building codes change, or concealed conditions be encountered (in the perlbrmance of the Work below the surfilec of the ground or in am existing struct m•e on the Property) which are at variance with the conditions contemplated ill the Plaits and Specifications, a Change Order shall be prepared to accommodate tilt incl'ease ill Cost to perform the Work called for ill the Plans and Specifications. Additionally, if Owncr requests Builder to perl'ornl research on and/or provide cost estimates I'or extra Work to be incorporated into a proposed Change Order, Builder will be reimbursed Im the link expended tier Such activity at the vale ol'$100.00 per hour. Upon request, these costs shall he paid to Builder, irrespective of Owner's decision to incorporatc the extra Work into the Home through the exceution of'a Change Order. 9, INDEMNIFICATION Oh LOSSES SUSTAINED DURING CONSTRUCTION. Because of potential salcty .Intl hesllth hazards present during Construction ol'Ihe Home, as well ns the inability ol'the. Builder to control tile, activities of all persons involved ill the co►lmruction process and thereby limit (lie dam;ww or loss that nml , arise from coll"Irtictioll aClivilies,ale Owner agree."its follows: a) Pel"V011111 S'r fqp. To ensure and to prolect the pclsonal health and safety of Owner and Owner's invitees, Owner shall restrict entry by the Owner and Owner's invitees onto the Properly or into the Home to a nlininlunl. When Purclascr chooses to enter the Property, and irrespective of Builder's presence oil the Property at such time, OWNI;It AGREF'S TO INDEMNIFY AND HOLD BUILDER IIARNILI SS FROM AND AGAINST ANY AND A1,1, CLAIMS, D1IIANDS OR CAUSES OI' AC'I'lON ARISING; IN FAVOR 01' OWNER Olt OWNER'S INVI'1 ETS ON ACCOUNT OI' BODILY INJURY, DEATH Olt DAMAGli TO OR LOSS Of' PROPERTY IN ANY WAY OCCURRING Olt INCIDENT TO TI-1E CONDITION Of' THE PROPERTY AND/OR THE' HOME. THIS INDEMNITY IS GIVEN TO BUILDER REGARDLESS Ol' WH 1'I-IT.:R Till" BUILDER Olt ITS AGENT'S OR EMPLOYEES ARE NEGl,1G1;N'I' IN WHOLE Olt IN PART AND EVEN WHEN 'I'I 1E INJURY, DI:A'I'I I OR DAMAGE TO OWNI It Olt OWNER'S INVITEES IS CAUSED BY THE SOLI: NEGL,IGI NC1; Of' BUILDER Olt ATTRIBUTABLE-' 1110 BUII,DI3R'S NI:GL,IGENCE PER SE Olt IMPOSED 13Y STRICT LIABILITY. _-___ ... ___... ,_ _)_---- lnitialetl for Identification _ Page h b) Losses and Drunuge Refuted to the IYorlt. With the exception of and without minimizing ill oily way the foregoing indemnification by the (honer, during the Co►lmruction of the Home, and as betweell Owner and Builder only, Builder shall be responsible I'm losses (file to personal iltjury ol• property clanlagc that may occur incident to or affect the Work, BUT NOT as to any such loss or damage CatlSe(l in whole or in part by the negligence of Owncr, Owner's invitees or representatives, or third parties with whom Owncl• has contracted. 13011,t)ER AGRI;I:S, DURING THE' PROGRESS 01: THE WORK, TO PROTECT OWNER AND TO INDI:MNII,Y AND SAVE, OWNER HARMLESS FROM (i) ANY AND ALL L,II;NS, CON'1'ItAC''I' DAMAGES, SUITS, CLAIMS AND CAUSES OF ACTION RELATHI) TO TI-11- CONSTRUCTION OF '1'1•IE HOME, AND (ii) ANY SUIT'S, CLAIMS AND CAUSE'S OF ACTION FOR DAMAGES '1'0 RIsPItESEN'1'A'1'IVI;S AND INDEI'ENDI"sN'1' CONTRACTORS (AND THEIR EMPLOYEk'S) RESULTING FROM BUILDER'S 1'1?RFORMANCE OF TI-11? WORK Olt FROM ANY PERFORMANCE OF THE WORK 13Y BUILDER'S INDH'PF NDL'•NT CONTRACTORS, SUBCONTRACTORS, AGENT'S Olt I MPLOYI?ES. HOWEVER, IN TI IE EVENT A LOSS IS A17R1BUTABLI; TO THE NEGLIGENCE., IN WHOLE Olt IN PART, OF OWNER, OWNER'S INVITEES Olt REPRESENTATIVES OR THIRD PARTIES WITI I WHOM OWNER I JAS CONTRACTED (EXCEPT BUILDER), OWNER AGREES TO PROTECT, INDEMNIFY AND SAVE THE, BUILDER HARMLESS FROM ANY SUCH DAMAGES, SUIT'S, CLAIMS AND CAUSES OF ACTION. 10. INSURANCE,. Builder shall keep in force during progress ot'the Work, and shall flurnish to Owner upon Owner's request,the opportunity to review the lollo%y mb Insurance policies: a) Builder's Itisk Insurance (at Owner's expense) in the amount ofthe estimated Cost o('the Work (plus any Change Orders), naming Owner as an additional insured; b) Statutory worker's compensation InsurancC for Builder's employees; a nd c) Comprehensive General Liability Insurance with limits of $1,000,000 per person, per occurrence for personal injury, ($2,000,000 aggregatc), with $1,000,000 coverage for completed operations, naming Owner as additional insured. 11. INSPECTION AND APPROVAL OF IIOME. During construction of the Home, Owncr shall conduct periodic walk-through inspections and, if requested by Builder, Owner agrees to certify in writing that the phase of construction then being inspucled has been completed ill substantial compliance with the Plans and Specifications and lllis Contract. Chvllel' also agrees to illlltledlalcly apprise the Builder in writing if'ally aspect of construction 11,15 not been completed ill substantial coil forillity with the flans and Specifications and this Contract. Fullrtre by the Owner to reosonub/P obJect to the Worlr perforurerl within nuP phuse n/construction sholl ronsNlnte un ucceptunce 0 /heel lVork. Any exceptions to the Plans and Specifications flim are noted on the inspection report by Owner shall be remedied by Builder as soon as practicable, Owner tick now Icdges and agrees, however, that it may be inappropriate and/or unreasonably expensive and time-consuming to replace, rel'albricate or repaint a component that exhibits a minor defective condition. In such instances, the Builder, in its sole judgment, may(i)employ all altcrnalle remedy to correct the delicienev ill Coll filrnlanee with reasonable buildins� practices, or(ii) conclude that the condition is within acceptable tolerances and take no corrective aclion. Owner shall provide Buildcr with written Coll lirnlaltion wheel the exceptions have beell remedied. 12. LIMITED WARRANTY ON 1JOME,. Builder warrants the Home against (icl'ccts in workmanship and materials, but only in accordance will), and as limited by, the new honk warranty document provided by Builder(the "Limited I�I Warranty") which Buildcr shall deliver to Owner wilh lull payment ol'all sums due Builder, (A copy ol'the Limited i Warrant, is included will) this C;oatract). IT IS UNDERSTOOD AND AORFED THAT BUILDEWS LIA1311,11'Y UNDER THIS CONTRACT FOR 'I'I II; CONSTRUCTION Of-' 'I'III; I IOi\1tE IS CONFINED TO T'I IL REMEDIE S PROVIDED IN THE Llfvll'I'I{D WARRANTY AND THAT BUII,I)I R SMALL NOT BE OBLIGATED TOFULFILL ANY WARRANTY COMlvll'I'MI N'I'S UNTIL T'IIL"lUil IIAS BEEN FULL PAYMI NT 01 SUMS OWED TO BUILDER UNDI It T'IIIS CONTRACT. As to items not of Builder's manufacture, such as ally air conditioner, water heifer, reh'lgerator, I-allge, dishwasher alld other appliances, cgtl►plllent or"collslllller products,"1C defined by the Federal •l)-ade Commission, I3uildcr agrees to assign Owner tilt manulilcturrr's warranty, without Initialed for Identification Page 5 recourse. Owner ncknovlcdgcs and realizes that Builder itsell'is making no warranty Oil such items. TI-1E LIMITED WARRANTY IS THR ONLY WARRANTY APPLICABLE TO THIS CONTRACT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHE-THEIR ARISING UNDER STA'I'f; Olt FEDEItAI, LAW, INCLUDING BUT NOT LIMITED TO ALL, IMPLIED WARRANTIES Of- FITNESS, MERCHANTABll,l'1'Y, HABITABILITY, Olt GOOD AND WORKMANLIKE CONSTRUCTION ARE DISCLAIMED AND EXCLUDED. 13. REMEDIES l'Olt BREACII OF CONTRACT/LIMITATION OF CLAIMS. fit the event that Owner or Builder litils or rcl'ttscs to fully perl'ornl this Contract, the following remedies shall apply; a) If Builder materially breaches this Contract or abandons all activities on the Property for it period or ten (10) consecutive business days by work stoppage, bankruptcy, insolvency orally other reason except C:xcused Delays, and Builder mils to cure the breach or resume work within seven (7) days after receipt of written notice front Owner (time being of the csscncc in this regard) specifying the Owner's intention to terminate this Contract by reason or the Builder's breach or abandonment as dclailed in such notice, Owner shall have the right to terminate this contract and to have the Work completed by another contractor selected by Owner. In the event of a termination of this Contract by Owner or Owner fails to perform any of the covenants of this Agreement and Builder terminates said Agreement because of such dcliurlt, the Owner shall reimburse Builder for any suns expended by Builder pursuant to this. The late payment ora Draw Request or the final Payment may cause the Builder to incur costs not contemplated in this Contract, the exact amount of, those costs being difficult to ascertain. Accordingly, any sum due to Builder under this Contract and the proper documentation has been submitted to support said payment, that is not paid within tell(10) business days of Builder's wriltcn request shall result in the imposition of a late charge equal to one and one-hairperccnt (1-1/2%) per month,of the amount then overdue. The Parties agree that this late charge represents a lair and reasonable estimate or the costs the Builder will incur because orally late payment. 14. MI,I)IA'I'ION-A1t13I'I'I2A'I'ION. The Owner and Builder agree that all controversies, claims or matters in question arising out of or relating to(a) the Contract, (b)any breach or termination of this Contract, (c)the construction of the I-lonmc which is the subject of'this Contract, (d) the relationship between the Owner and the Builder, and/or (c) nny representations or Nvarrantics, eNprass or implied, Whiting to the Property and the Home (herein relcrred to Collectively as it "Dispute") shall be subicet to binding arbitration under Florida law. The flartics will attempt to resolve any Dispute through discussions between the Owllcr and Builder, and the Dispute may be submitted to non- binding,; mediation Under rules promulgated by the American Arbitration Association ("AAA") where the Parties will endeavor to settle the Dispute in all amicable malmer. In the event that the Dispute is not resolved by direct discussions nerd/or mediation within thirty (30) days after the dispute ibises, either Party play unilaterally stibnlit the Dispulc to the orlicc of the AAA I'or binding arbitration in accordance with the construction Industry Arbitration Rules ordic AAA. All Work shall cease during,the pendency orally mediation and/or arbitration ol'iuly Dispute. The award of the arbitrator shall be rendered in accordance with the AAA Rules then in effect. In rendering the award, the arbitrator shall state the reasons therelore, including any Computations of actual da malws or offsets, if' npplicablc. 'Thc Parties abed to abide by and perlo►•nl ally award rendered by the arbitnator. 11'the non-prevailingu Marty tails to comply with all aspects of the award within twenty(20) days Following issuance of the award, then the prevailillp Party shill be entitled to seek cid'orccment of the award in any court of competent jurisdiction. If such enrorcemcm becomes necessary, the prevailing Party in such proceeding shall recover its reasonable attorncy's Ices, in addition to any other reliefas to which that Party imiy be entitled. 15. OV1'h'I?R REPRESENTATIVE. (honer play employ a third party professional (e.g., nrellitc(l, enitineer, construction consultant) to inspect or monitor the Work (the "Owner's Agent"). ']'flat person, however, must be identilicd, and that designation communicated to Builder in writing, prior to the execution of'the Contract to permit Builder to review the flans and Specifications, Payment Sehedule and Allowances with Owner's Agent prior to these ENhibits becoming part ol'this Contract. Allcr execution of this Contract, the appointment of an Owner's Agent shall require approval of Builder, which approval may be withheld by Builder au its sole discretion. Iran Owner's Agent is designated, Builder may rely on any di •ctivcs, statements, or approvals made by Owner's Agent concerning perlorinance orthe Work, and Builder sit II mot be liable for any costs and expenses that result from actions taken in reliance on directives li•oitl Owner's Avo t. -41 Initialed For ldentEFictttion P7ge G 16. NOTICES, Any notice, demand or request permitted, required, or desired to be given in comiection with Contract shall be in writing and shall be deemed cfloctive if'and when received by the addressce (Miclllcr Fixed, delivered or mailed), Ii'mailed,the notice should be addressed as follows: IF TOOWNFIR: IFTO BUILDER: Roger 131.ONVrt "Terence Cudmorc Builder, Inc, 1200 S. Rogers Circle, Unit 7 840 C;ovcntry Street, Boca Raton, I'I, 33487 Boca Raton, 1'1, 33,187 56 1-995-8989 • Fax 56 1-995-8059 TO: 561-302-6086 Fix: 561-892-8500 17. AT I'ORNEY'S FEES, I1'either Party employs an attorney or attorneys to enforce, contest or construe the terms of this Contract, either by arbitration, litigation or negotiation, both parties agree to pay their own attorneys' Ices, court costs and expenses incurred. 18. MISC FI,I,ANLOUS/I'1201'Rlle I'AIZY INFORMATION. The lasts and provisions of this Contract shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns and shall be governed by and construed in accordance with the laws of the State of'Florida. The Owner is also advised that photographs of the I-lomc may be taken by the Builder during and subsequent to performance of the Work. Owner agrees that Builder's use of'tile photographs in lill-thcrancc oi'Builder's business shall not be limited. Builder may place one of Builder's signs on the Property during construction of'the Home. Owner acknowledges and ag;recs that the bltsirlcss practices and associmed information disclosed and to be disclosed by Builder incident to the formation and implementation of'tile Contract (e.g. Builder's subconU•aclor/sthpplier relationships; builder's margins and pricing promillres) constitute proprietary irlfornlaliorl that is to be protected and not divulged to third parlics, Owncr's finilurc to protect the confidentiality ol'this information will constitute a natural breach ol'this contract, 19, ADDITIONAL PROVISIONS. 20. ENTIRE' AGRhhMENT. This Contract, together with all attachments, contains the entire understanding between Builder and Owner with respect to the const'uetion of'the I tome, and replaces all prior agrecnlcrlls or understandings, il' any. Builder is not bound by any statement, promise, condition or stipulation not specifieally set forth in this Contract. No representative of Builder has ally authority to slake any oral or written statements that modify, add to or change the terms and conditions of'this Contract. Initialed for I(tell dflcatloil Page 7 I;XI.-MTI;I) in multiple copies this 21'duy ol'.luly 2016. OWNKI BUILDER: THIZENCE C r1s,lhuY,11. Terence It. ntlmore, 'reside 'Al CHERYL GREENBERG € MY COMMISSION#FF191436 8: •,o�; EXPIRES March 5, 2019 (407)398-0153 FloridallotaryService.com I sci ll-.1311 :or rxl lll;rrs A— I'rclimiluu'y SpecilICgtions r,\n 1111ti7lacl fot• IdcntiflCRltion ._. 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