STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION@ p FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, vs. FLORIDA REAL ESTATE COMMISSION Petitioner, ran JOSEPH T. JORGENSEN. oe i O90, 8) O. 4B2, 0 CES, A, se) A ora ras) Pre oO CES, < (9) =. ol A © DBPR Case N° 99-80018 Respondent. / gO0-GLE ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real (hereinafter “Respondent”) and alleges: Estate (hereinafter "Petitioner") files this Administrative Complaint against Joseph T. Jorgensen ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State promulgated pursuant thereto. 33708. of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat.. and the rules 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 0261216 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a broker at 13026 Gulf Blvd., Madeira Beach. Florida 4. Total Realty Services, Inc. had a listing agreement to sell condominium units with FDBPR v. Joseph T. Jorgensen Case No. 99-80018 Administrative Compiaint Mediterranean of Madeira, Inc. (“Developer”). A copy of the agreement is attached hereto, incorporated herein and made a part hereof by reference as Administrative C omplaint Exhibit 1. 5. By letter dated August 30. 1996, to Jack Bodziak, Respondent advised that deposits totaling $52.500 were being held on two contracts on two condominium units sold to Guenther and Higgins. A copy of the letter is attached hereto. incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 6. The purchase agreement for the sales to Guenther and Higgins provided that the additional funds would be paid to the developer within sixty days of the agreement. Copies of the purchase contract are attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 7. In October, 1996, John Pellman made a business loan of $1,850,000 to Mediterranean of Madeira, Inc. owned by Jack Bodziak for the construction of a condominium. based partly on the representations made by the Respondent about the two deposits. 8. Pellman advised that the loan was eventually foreclosed. 9. At a deposition of Joan Bonsey Guenther conducted on September 23, 1998, Guenther testified that stocks for the additional $25,000 deposit had never been tendered. A copy of the deposition is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 4. 10. Ata deposition of Patricia Higgins conducted on September 22, 1998. Higgins testified FDBPR v. Joseph T. Jorgensen Case No, 99-80018 Administrative Complaint that the additional $24,000 was never paid to the developer. A copy of the deposition is attached hereto, incorporated herein and made a part hereof by reference as Administrative C omplaint Exhibit 5. 11. By letter dated March 29. 1999, Doren D. Moore, the broker for Total Realty Services, Inc, advised that Respondent worked in the office in an administrative capacity and did not have authority relating to escrow accounts. The broker did not know about the letter signed by Respondent dated August 30, 1996. A copy of the letter is attached hereto. incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 6. COUNT I Based upon the foregoing, Respondent is guilty of misrepresentation in violation of § 475.25(1)(b), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate. to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat.. depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license. registration or permit for a period not to exceed ten (10) years. imposition of an administrative fine of up to $1,000 FDBPR v. Joseph T. Jorgensen Case No. 99-80018 Administrative Complaint for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 6152-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license. registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense: imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this 4ff day of Lupus , 1999. ay, LUAU fpPeEGLIM GES | Department of Business and he, . Professional Regulation L So te By: Herbert S. Fecker, Jr. Key, Hey Director. Division of Real Estate "Lee fog FDBPR v. Joseph T. Jorgensen Case No. 99-80018 Administrative Complaint ATTORNEY FOR PETITIONER Ghunise Coaxum Florida Bar N° 077348 Senior Attorney Department of Business and Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 - (407) 317-7260 FAX GC/k PCP: _DS/VS 8/17/99 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request. within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twentv-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an FDBPR v. Joseph T. Jorgensen Case No. 99-80018 Administrative Complaint appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enciosed Expianation of Rights and Election of Rights form. Mar-29-99 ©04:z20P 7. 7 213855 VY COMMISSION AGREEMENT THIS AGREEMENT, between TOTAL REALTY SERVICES, INC., a licansea Florida Rea. Estate Broker, C*TRS"3) and MEDITERRANEAN cf MADETRA, INC,, (Developer) is entered into between the parties for the salas and marketing of the Mediterranean, a lQ-nnit projeece located in Madeira teach, Florida. The perties agree as follows: i. TR Shall br paid override of 2% cn all sa.es generatad ay Developer. 2. URS shall be paid 4% on salee by on-site personne: qd. TRS shalt he paid 4.5% on Salus generated by TRS Salos Associates nat on site. 4. Tetal Commission to be paic on cornrokerage saleu wil) ve St, with gt to cuoperating office. 5. Developuar co pay TRS tor onesite sales porsonnel the sum Of $200 per vaek. 6. TRS will supplement on-rite sales permonrei with Urew S6gainst. commlamian as needed. 7. Developer will supply all printad sales Material, Signage, postage, stationery and cn-=site sales faciliriee, to include teleshone and utilities. a. Any advertising expenses cver and above incorporating the property into TRS' current advertising mediums wiil be paid by che Developer. TRE will sunmit 41) proposed advertising to Deveiuper fur approval. Dated this O™ vay of May, 2996. TOJAL REALTY SE VICES, INC. MEDITERRANEAN, ANC, by bk Oereun Cl. Moore, Pres. aAnmedl (813) $93-2634 TOTAL RESIDENTIAL SERVICES, INC. "30980-2804 TRAVEL RESORT SERVICES, INC, FAX; (813) 391-3855 TOTAL REALTY SERVICES, INC. Tr S August 2@, 1996 Mediterranean of Madeirs, Ine. 3637 Fourth Street Nortn Suite 230 ct. Petersburg, FL 33784 Attention: vack fodz.ax Gentlemen: Par your reaquast, I am ngrein verifying the status of units ©-1: ty our offices. The tnres conerasts wa nave wn nand are as fsllews: L. Unset 102 - Onkstz $275,330.00 Geposit Heid: $1,300.02 Balance Sue: 324,200.20 Status: Onkotz will submit balance of deposit due when constructisn proceecs t23 the “iLrern ii:ving fleor level. 2 Unit 292 - Guentiner $252,208.20 Deposit Held: 225,900.20 Falance Cue: 5 9.20 i Uaan 223 - Hiczcins $273,208.29 vepesic Haid, 327.290. 29 Balance Dos: $ @.00 +. Unis PHL - Telaase $37§.900.20 Status: Jeposit to be egercved vith attorney at land ¢logsing trom McLean funds. I have attached a copy of the perseactive contracts for your records, oe all The e ene Acie AK EXHIBIT "A" ates “y eser seen Madeira Gaacn, Florida 33708 wD JAN-28-99 B1:46 eM AMER ECAN BOXING CLASSIC 47° 7938926 P.as PURCHASE AGREEMENT DEVELOPER: PURCHASER: Dolphin View Estates Concominium 13910 Gulf Boulevard ToAN Bonséey GuUenTaner Madeira Beach, FL 33708 Z LOCAL aDDRESS: F240 (Sa th Aye, noxTH CITY: [a WAT HOME PHONE: BUSINESS PHONE: OUT OF TOWN ADDRESS: HOME PHONE: BUSINESS PHG? __ TITLE TO THE APARTMENT WILL BE TAKEN IN THE FOLLOWING NAMESS): SHAN Bongée ¥ (HUENT HAE a PURCHASE AGREEMENT is made and entered into wus 7° cay of ana ave 1996. by and between the above-namec Developer and Purchaser for a in DOLPHIN VIEW ESTATES CONDOMINIUM. aT Fooor LAN CHANGES as FER ATTACKER Lyre CUR ENK Neos See LUSTRE SER EA ROR ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE ‘I'O0 1HIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER T0 A BUYER OR LESSEE. ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER. JAN-23-99 Gii4?7 FM ‘MT RICAN BOXING CLASSIC o 97° 788926 P.e¢4 u, IAA ent Purchaser snail order or nave oL_i extras the cost of which is not inchided in the Purchase Price set forth in Paragraph B above, the price for such extras shall be pald entirely in cash in advance at the ume cf ordenng such extras. D. Purchaser agrees to pay at closing as a contribution to the capital of the Coadominium Association for this Condominium the sum of $ {said sum being equal to two {2) months’ estimated condominium association maintenance fee}. rees tO pay to Peveig cchasg Prices said att ey's fe J! } nsiblg for any closing costs apd ex incurred = co iph with the/obmining/of any morgage Ainancing on bjs Unit. F, Purchaser acknowicages that umeiy payments cf all funds reguized to be paid or deposited by Purchaser under tus Agreement ace material cousidecauons to this transaction of purchase and sale and that the fajure of tie Purchaser to make umeiy payments will resule in an interest charge at the highest contractual interest rate then permissible by law and/or may result in Developer deciaring this Agreement: terminated for defauit on the part of Purchaser, ali a3 more specifically provided for in the General Provisions attached hereto. G. Developer agrecs to pay at closing all costs of recording the deed of conveyance delivered to Purchaser, including the cost of all state documentary stamp taxes required to be affixed thercto, H. Developer will furnish to Purchaser within thirty (30) days after closing and at fo cost to Purchaser an Owner’: Policy of Title Insurance insuring Purchaser's interest in the subject unit. I. The snsuiation 19 be inswlled in nis Concominzum and the R-factors such insulation will produce, according to the architect engaged for the project by the Developer, are as follows: Area_of Insulation Thickness TRO Rati Top floor roof 6" R26 Exterior wails 54" R26 Interior perimeter walis 5 tia" R26 J. Purchaser acknowiedges ind agrees that, the provisions of the Purchase Agreement, the General Provisions and the Mortgage Addendum to the contrary notwithstanding, in the event of termination of the Purchase Agreement for inability of the Purchaser to obtain morgage financing as provided for in the Mortgage Addendum, the amounts paid by Purchaser for extras as reflectec herein or in any addendum or supplement to this Purchase Agreement or in any order for extras executed by Purchaser are not refundable to the extent that Developer has obligated itself to expend o: ras expended the funds. for, werent. TSPLEINT. JAN-28-S3 31:48 PM aMESTCAN BOMING CLASSIC 4147988926 Nw) YU ,SHIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE RUYER’S INTENTION TO CANCEL WITHIN 18 DAYS AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF THE ITEMS REQUIRED TO BE DFLIVERED TO HIM BY DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. THIS AGREEMENT 1S ALSO VYODDABLE BY BUYER BY DELIVERING WRITTEN NOTICE UF THE BUYER’S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEDPI’ FROM DEVELOPER UF ANY AMENDMENT WHICH MATERIALLY ALTERS OK MODIFIES 1'HE OFFERING IN A MANNER THAT IS ADVERSE TO THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NO MORE THAN 15 DAYS AFTER THE BUYFR HAS RECEIVED ALL OF THE ITEMS REQUIRED. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. ARTICLE I Apartment Designation, Purchase Price and Other Matters A. The undersigned Purchaser aczewith agrees to purchase and Developer agrees to sell Condominium Unit QOd , hereinaftes sometimes referred to as the ‘Unit", in DOLPHIN VIEW ESTATES CONDOMINIUM, a condominium tn Pinellas County, Florica, hereinafter referrec :o as Uic “Conaominium". (Floor pians of the various unit types are attached as an Exhibit to the Prospectus.) B. The purchase price of qe abgve-described Unit which porenaser agrees to pay to Developer is the amount of -7Wa Auad WA 9,27 MA. 00.0% (the “Purchase Price”), payable as follows: 1, $ f 24G- OO : Deposit", which said surk consututes ace posit under his Purcnase Agreement. Paria CO Cars GF TS ACREEMET 2. $, 190: OO m2 10 Deveioper, SRB L oa. sekrowledged> which said ‘sum constitutes z weposit uncer tis Purcnase Agreement. ciofore paid :o Developer as a “Reservation Gale ofilus Agrocinen! 4. S234 090-0% rroceeds of fisst mongage, if any. If mongage financing is being used in conjunction with and is a condition precedent to Purchaser's obligation under this Purchase Agreement, there is esacnet hereto and meorporated | nee By reference a Morgage Addencum. Mo c7GACE Fondue wita LO € “i ad ° Toe DELELOFER, DETALS with ps 44 rgnrse exreotl INIT cose Fn Ed poses Doe a a ee Zb. / ‘0 repaid © pbvetope rahin 7” ys frye ty giccigtul, whicli sau Audit ~ystituies Fi eucidopat vepeSit undef cis Bdrchgse wh iy sen S , } 5. s / j_ cash/at closigg in fret lepe tenger ofthe Ynit We. Statwey of Afmericx by Gdshier’: Check cr Cenified’ Check’ repr ing the bdlancy of fic Pu rice. JAN-23-99 91:48 PM “MECICAN BOXING CLASSIC 4° 4788926 v -86 amount of the mortgage loan required to the amount 2pplied for or accepted, Additionally, in the event Purchaser accepts a comm: © mortgage amount, ument in an amount less than th Purchaser acknowledges and agrees ic make acdivoral deposits as required Sy Developer at its sole option and discretion, forthwith upen nouficacon :n wntng of said Tequirement by Developer to Purchaser. The Provisions of this Paragraph waiving the mortgage contingency term of the loan so that if Purchaser est higher than he had Otherwise been Mortgage Addendum, or Payable over a term shorter than he had been required! to accept under this Agreement, including the Mortgage Addendum, then the contingency provision of this Agreement shall be deemed to be modified to be consistent with the said application and/or accepted commitment. 5. Purchaser agrees that if the only mortgage offered to Purchaser with Tespect to the purchase of the referenced Condominium Unit is an adjustatile rate morgage ("ARM*), with Of without negative amort:zation, then Purcaaser will accept that ARM with whatever adjusument Period is offered (one year or moze) ana that the inidal rate of interest, adjustment period and adjustment formula (providing wne adjustment formula is one approved or accepted by FNMA and FHLMC, or other govemmenui agency having cognizance thereof) shall be deemed elements of "prevailing rates” in accordance with that term as hereinabove defined. Purchaser understands and Developer acknowledges that Purchaser shall not be required to accept an ARM if any other mortgage is offered to and accepicd by Purchaser, or if Purcnaser elects to and does close for cash. . 6. Purchaser acknowled and mortgages are the obligation documentary stamps, intangible taxes, closing costs of the mortgage charged by the mortgagee, costs of recording of the mortgage instrument, segal fees of the morgagee, if any, and any costs otherwise charged by the mortgapee, inc.ucing but not Limited to any discounts, origination fees, transfer fees, conversion fees and commitment fees. ges that all costs of obtaining ard closing such commiunents DOLPHIN VIEW ESTATES, INC., a Florida corporation IN { et } (" Ne . ~ oy Nab tbo a \ ts President ) \ "OY ee Tee — f Date of Developer's Execution: G& SS ee S ee Oo rhe Purchaser aa Name Legib!y Printed, Typewntrea or Suamped Witness Purshases LS .. Name Legibly Printed,. Typewrmen or Suubae, 2 T of Purchaser, including but not limited :o the costs. of. aa TO Da OF Ferchaser’s Execusion: Juve af/ 04 Me dD y JAN-23-S9 31:49 Em AMFRICSN ROXING CLASSIC 4° 479889265 ?.o7 ene Na : VIEW PURCHASE AGREEMENT DEVELOPER: PURCHASER: Dolphin View Esttes Condominium yf pes {if . 13910 Guif Boulevard f4rtRicia the GP ue Madeira Beach, FL 33768 — Re FLORIDA ZIP: HOME FHONE: ZS WO 9G ey S3USLNESS PEONE: 3 7: —_—_ CITY: STATE: ZIP: HOME PHONE: BUSINESS PHONE: a TITLE TO THE APARTMENT WILL B INT FOLLOWING NAMES): 7 THIS PURCHASE AGREEMENT is made and entered into tis / <2 day of une . 19.76, by and between the above-named Developer and Purchaser for UNIT 222 in DOLPHIN VIEW ESTATES CONDOMINIUM, MRAAE ROKER OER RE ORAL REPRESENTATIONS CANNOT BE KELTED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FUPNISHED BY 4 DEVELOPER TO A BUYER OR LESSEE. ANY PAYMENT IN EXCESS OF i0 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THES CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER. THIS AGREEMENT 15 VODABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. THIS AGREEMENT IS ALSO VOIDABLE BY RUYER BY DELIVERING V \ NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NO MORE THAN 15 DAYS AFTER THE BUYER FLAS RECEIVED ALL OF THE ITEMS REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING. - ARTICLE I Apartment Designation, Purchase Price and Other Matters A. The undersigned Purchaser herewith agrees to purchase and Developer agrees to sell Condominium Unit Zo 3 _» hereinafter sometimes referred to as the "Unit", in DOLPHIN VIEW ESTATES CONDOMINIUM, a condominium in Pinellas County, Florida, hereinafter referred to as the "Condominium". (Floor plans of the various unit types are attached as an Exhibit to the Prospecvus.) B. The purchase price cf the above-deseriked Unit which Purchaser agrees to pay to . | j Developer is the amount of iG Auncdfes uruiu ~7¢ (8 ZZE OG) (the “Purchase Price"), payable as follows: TAS ta Lhd 1 $ heretolore paid to Develcner as a “Reservation Deposit", which said sum consututes ¢ depos.t uncer tris Purcrese Agreament 2 SA2060 paid to Developer, ‘he seceipr of which is hereby acknowledged, which said sum constitutes « depos under this Purchase Agreement. Loreen bos . « 3. $240 SO 10 52 paic to Developer within days from the cate of this Agreement, which said sum ccnsututes aa addiucral deposit under this Purchase Agreement. 4. $ L266 00 procecds cf frst mortgage, if any. If mortgage financing is being used in conjunétion with ana is a condition prececent to Purchaser’s obligation under this Purchase Agreemen:. there is attached hereto and incorporated herein by reference a Mortgage Addendum. 5. 63 5000S at closing in curtent legai tender of the United States of America by Cashier's Check or Certified Check, represenung wie balance of the Purchase Price, we Seo Un PLANT 4 2 Gy re Ne nt JTAN-28-39 81:58 PM AMTRICAN BOXING CUASSIC “47988926 P.63 JAN-28-99 61:50 FM MTC AM BOXING CLASSIC 4° 47788926 P.o9 doe = Cc =i breEveut Purcnaser shall order or have orderta extras the cost of which is not included in the Purchase Price set forth in Paragraon B above, tne price for such extras shall be paid entirely in cash in advance at the time of Ordering such extras. D. Purchaser agrecs to pay at closing as a contribution to the capital of the Condominium Association for this Condominium the sum of SS4,) {said sum being equal to two (2) months’ estimated condominium association maintenance fee}. E. In addition to the foregoing, Purchaser agrees 10 pay to Developer at closing a fee in an amount equai to one percent (1.0%) of the Purchase Price, said sum being in the amount of $ 7 75> _, which fee snall be utilized by Developer to defray the cost of Florida documentary stamp taxes required to be paid on the deed of conveyance, the cost of recording such deed, and other closing expenses of Developer. In addition to the above, if Purchaser shall have utilized the services of an attomey, Purchaser shall be responsible for paying his own attomcy’s fees and costs. Purchaser also shail be Tesponsible for any closing costs and expenses incurred in connection with the cbtuining of any mortgage financing on his Unit. F. Purcnaser acknowledges that umely payments of all funds reguired to be paid or deposited by Purchaser under this Agreement are materiai considerations to this transaction of purchase and sale and that the failure of the Purchaser :o make timely payments will result in an interest charge at the highest contractual interest rate then permissible by law and/or may result in Deveioper declaring this Agreement terminated for default on the part of Purchaser, all as more specifically povided for in the General Provisions attached hereto, G. Develcper agrees to pay at closing ai! costs of recording the deed of conveyance delivered to Purchaser, including the cost of all state Ccocumentary stamp taxes required to be affixed there:o. H. Developer will furnish to Purchaser within thiry (30) days after closing and at no cost to Purchaser an Owner's Policy cf Tide Insurance insuring Purchaser’s interest in the subject unit, I, The insulauon to ne installed in this Concomimum and the R-factors such sulaton will produce, according to the arckitect engaged fcr che protect by the Developer, are as follows: Area of [nsulation Thickness “"R" Rating Top tloor roof 6" R26 Extenor walls 5 14" R26 Interior perimeter walls 5/4" R26 I. Purchaser acknowiedgcs and agrecs that, che provisions of the Purchase Agreement, the General Provisions and the Mortgage Addendum to the contrary notwithstanding, in the event of termination of the Purchase Agreement for inability or the Purchaser to obtain mortgage financing as provided for in the Mortgage Addendum, the amounts paid by Purchaser for extras as reflected herein or in ary addendum or supplement to this Purchase Agreement or in any order for extras executed by Purchaser are not refundable to the extent that Meveloper has obligated itself to expend or has expended the funds for the extras.. T eke :Sl. eM AMF RICAN BOXING CLASSIC 2° 47988926 P WU entitled "General Provisions 19 Purchase Agreement" » which document is hereinafter referred to as the “General Provisions’. This four-page document contains, among other information, the names of the parties, the identification of the subject unit, the purchase price and the schedule and Manner of payment aud the signature of the parties, which information comprises Article I of the Purchase Agreement. Articles I through XVII are contained in the Generai Provisions, a copy of which has been received, read, approved and Is accepted by Purchaser and the content and provisions of whick are iucorpurated herein as part hereof as if completely set forth herein. The General Provisions shall bear uo addition, deletion, interlincation or other modification. Any additions, deletions or other modifications shall be made solely by notation upon the signature page or by formally executed riders or addenda hereto. The parties agree that all provisious herein contained and contained in the Gencrai Provisions above identified, together with all executed riders and addenda, comstitute the agreement of the parties, whether or uut the Gencral Provisions and such executed riders or addenda are in fact physically attached to the within docuunent, This Purchase Agreement is not binding cn cither party prior to its execution below on behalf of the developer by an officer af the developer or another authorized agent. DOLPHIN VIEW ESTATES, INC., a Flori¢a corporation By:_ pei re “4 \ Its President SD ad Date of Developer's Execution: ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER. WITNESSES AS TO Witwoen - Witness Purchaser Name Legidty Printed, Typewsitien or Samoed aees ee BLAINT. ~> Date of Purchaser's Execution: ~) __ a ee 216 AI i] i U U | IN THE CIRCUIT COURT CF THE SIXTH CUDICIAL . CIRCUIT IN AND FOR BINELLAS COUNTY, FLORIZA CIVIL TIVISION JOHN PELLMANN, vs. CASE NO.; 98-71 Celle ls MEDITERRANEAN OF MACELER, rnc. JOHN A. BOOZIAK, JR. z DAVIS, DOLFHIN VIEN =St HOUSTON DEVELOZMENT CoR PATENT CONSTRUCTION sreceus, 3s HARSCO-COMPANY. RON'S StRTASLE ee eB WELDING, INC., FLORIDA 2OCx ocr _ INDUSTRIES and ADC CF TAMPA, iTD., i 15 1998 . “es a Bean. Defendants, ~ / ——$— DEPOSITION CF: JOAN BONSEY GUENTHNER TAKEN: By Counsel far Flaintifs DATE: Septemcer 23, 2998 : TIME: 4:20 g.m. to G:1F pom. PLACE: REPORTED 5Y ORIGINAL , | PAGES 1-€0 Bap| BAY AREA REPORTING, INC. 208 EAST JACGEON TFET : ee a aaa? HTS DOSE Raa | FAX (813) 228-8488 FORM 2 ~ 24 25 Ne a] APPEARANCES: MARK H. MULLER, ZSQUIRE Quarles ¢ Brady Barnett Center Suicea 309 4501 Tamiami Trail N Naples, Florida 3410 wa WALTER E. SMITS, ESQUIRE Meres, Smith & Cliney, F.A. 1302 4th Streec North St. Petersburg, Florida 22701-1217 Attorney fs> Defendants Medivarranean s= Madeira, inc., John A. Zodziak, fr., Cynthia Leigh Davis, Solpnin View Estates and William McLean - ALSO PRESENT: JOHN A. BODZIAK, CR. Bap) BAY AREA REPORTING, INC. SUNTRUBT FNANQIAL CENTRE 9 =| TAMPA, FLORIDA 39809 {812) 929-7207 401 EAST STEET emo ° FOX (819) 2290488 EXHIBIT"BA T= 1 Q And below that was $28,000 <2 ce paid 2i within €0 days cf this agreement. Can you tell me 3} what Gace this agreemenc was executec 27? 4 A You mean the 25,020? 5 Q Yes 6 A No. 7 Q Can you lock at tne first sage and cell me all what day you g:gned .:? 9 A Ch. Okay. Sune 28, 1996. 10 Q Okay. And che $25,000 depesi: was due 11]] withsn 60 days of Jume 28th of 1396? aM 12 “OR Right. Right. (eeeensestetnemeeeeneenneamnnsnsieannsepenens ae 13 Q Dic you pay that addizicnai caposit within ya |{ that time ceriod? nen 15 A Ioxnow I put up stocks. Now, I'd have tc en ret OD 16} loak to knew the exact -- I think it wag like 17 | September I aut ur stock. EE i 8] Q Ane why did you put up stocx instead of I 19 || sash? : 20 A Because that's -- that was agreec upon tnat ' : 21] IT couic de chat. 22 Q Was there a particular reascn why you 23 i] wanted