Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: PAMELA JAN POWERS AND ELITE PROPERTIES OF THE PALM BEACHES
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Business and Professional Regulation
Locations: West Palm Beach, Florida
Filed: May 15, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 15, 2000.
Latest Update: Dec. 23, 2024
ila bl
“.. DIVISION OF REAL ESTATE,
: PAMELA JAN POWERS.
il il i i le i a a A Ms ik i a i i Ral RA, RS Ah RR Rh a RR Ae MR I RAR a oy RRs « Re Ge AER ARR Meo OR mie PSR SESS. mln nen SESS ES
ww | U 0
see FILED
- COMAY 1S PH 2:05
STATE OF FLORIDA DIVISION OF
SIONAL REGUDATION TZU VE
SAREE
“FLORIDA REAL | ESTATE COMMISSION BEARETE
- DEPARTME (
- FLORIDA DEPARTMENT OF BUSINESS ~ ) WD
AND PROFESSIONAL REGULATION, np
7
Petitioner, Oo on
vs. TERR a DBPR Case N° 99-81174
99-81175
98-84729
ROPERTIES
PALM BEACHES, —
Respondents, =
Stat. The last license issued was as a a broker rties of the Palm Beaches, 6847 Calle :
- EDBPR v. Pamela Jan Powers:
by reference as Admi
‘Case No. 99-81174
Administrative Complaint
Del Paz S, Boca Raton, Florida 33433.
3. Respondent Elite Properties of the Palm Beaches, Inc. is and was at all times material hereto
a corporation registered as a Florida real estate broker having been issued license number 1004725 in
accordance with Chapter 475, Fla. Stat. The last license issued was at the address of 6847 Calle del
B Paz S., Boca Raton, Florida 33433.
“4 Atal times material hereto, Respondent Pamela Jan Powers Was licensed and operating as
qualifying b broker and officer of Responde t Blite Properties of the Palm Beaches, Inc.
5. Ron Ball advised that he and Respondents Powers had a verbal agreement that Ball would
‘pay $4200 to the Respondent a asa deposit for the rental of a condominium.
as security deposit ‘and that $1700 v was being held as first month’s rent by Respondent Blt
: 6. 6. By fax dated October 23, 1998, Respondent Powers confirmed that $2500 was being held —
> PL
‘FDBPR Vv. Pamela Jan Powers oe “Case No. 99-81174°
Administrative Complaint — - ; : -
9. Respondent Powers deposit the funds int her operating account,
“10. . By fax dated November 2 2, +1998, Respondent Powers advised Ball that he would be
receiving a refund of the deposit. A copy of the faxi is attached i hereto, incorporated herein and made
a part hereof by ‘reference as Administrative Complain Exhibit 4.
foc :
i : -11. Ball received a ul refund o on 1 November 6, 1998.
ones 10 On ors é
November 12, 1998, ‘Mark Ridgeway, as buyer signed a contract for the
purchase of property located a at 2411 NW 30m Street. Respondent Powers was listed a as the escrow
agent. “The ec contract required a S15, 800 escrow deposit. A \ copy of the contract i is attached hereto,
incorporated t herein and made a part hereof by reference : as Administrative Complaint Exhibit 5.
43. The s sum n of $10, 000 was paid by certified cheek to Respondent Elite from Ridgeway.
ie ios SB as Rite ook ie
. A copy of the receipt is attached hereto, incomporated herein and made 2 a part hereof by reference as
Administrative Complaint Exhibit 6.
14. By letter dated December 11, 1998, Ridgeway advised Respondent Powers that he had
placed a claim on a deposit for $12,500 because his 0 fer was not accepted. A copy of the letter is “
©, incorporated herein and made a part hereof by reference as Administrative Complai at
Administrative Complaint Exhibit 8.
ae
il a ai
EDBPRY. Pamela Jan Powers ree — oe Case No. 99-81174
Administrative Complaint :
16. Respont lent Powers a vised that the contract een signed by Ridgeway was only
intended to be used as mple, but not as a binding jocument. _ Respondent Powers provided her
opy of the c contract with those not
ons. A copy of the contract is attached hereto, incorporated
: - herein and made a part hereof ‘by reference as Administrative ve Complaint Exhibit 9.
17. - Respondent Powers a advised that she w was U unaware that Ridgeway had’ transferred the
s : finds into bier operating account:
18. . Petitioner s investigator discovered that the property in nguestion was purchased by} Mr.
and Mrs. Actor with a closing date of December 3, 1998,
19. Genevieve J t, the ing agent for the 2 property in question, advised that the only
” Offer she ever received for the property was from the Actors.
COUNT 1
Based upon the s fisgoing: Respondent Pamela Jan Powers i is pully of culpable negligence,
or breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat.
“upon the foregoing, Respondent Elite Properties of the Palm Beaches is guilty f
‘culpable negligence,
Based upon the foregoing, Respondent Pamela Jan Powers is guilty of failure to maintain trust |
‘or permit for a period not to exceed ten (10) years imposition of an administrative fine of f up to
FDBPR v. Pamela Jan Powers : : : Case No. 99-81174
Administrative Complaint
funds in the real estate brokerage escrow bank account or some other proper depository until
disbursement thereof was properly authorized in violation of § 475.25(1)(k), Fla. Stat.
WHEREF ORE, Petitioner respectfully requests the Florida F Real Estate Commission, or the
; Department of Business and Professional Regulation, as may 'be appropriate, to issue a Final Order
“as final agency action n finding the Respondent(s) euilgy as charg . Th 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
: FDBPR v. Pamela Jan Powers _ Case No. 99-81174
Administrative © Complain : — / :
" ° SIGNED nis 0 day of Adasen , 2000.
hited/ IS LECHL. Zp
Department of Business and
Professional Regulation
By: Herbert S. Fecker, Jr.
Director, Division of Real Estate
: Be PtGRNTEY 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
FDBPR v. Pamela Jan Powers — oo Case No. 99-8174
, Administrative Complaint ~
NOTICE TO RESPONDENTS
: “PLEA! BE A ADVISED that mediation under § 120. 573, Fla. Stat, i is not
available for administrative disputes involving this type of agency action.
. "PLEASE E BE FURTHER ADVISED that pursuant to this Administrative
Complaint you may request, within the time proscribed, a hearing to be conducted in this
matter i 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 qualifi led 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 t that if you do not file an Election of
s form or some e other responsive | pleading with ‘the Petitioner within twenty-one (21)
days s of ‘Teceipt of this Administrative Complaint, the Petitioner will fil le with the Florida
* (3 ° . eee Sal aes GO
po Nov-02-88 13:58 FROM-FIRST —“ Oiseme/ SECURITIES 5613624475 TT3?) POTS = F=183
pos we : a :
Bs
—— Br ASR CeO STE 2 BOCA PATON, FL S483 | )
seven ELITE PROPERTIE
INC.
OR DELIVER T10 | PLEASE LET ME KNOW IF YOU WOULD UKE ME TO
i
‘
4
i
NOV-02-98 13:59 FROM-FIRS™ Ged securities 561362447, Nad T7387) P.08/15 F493
| edkiGdagone asoRagasiie onaa
Papa le oF
. dargt tea Grae avat
7 ABE a) Thane Fant fo mmo) Telia ie Deen.
86- -St sor g¥zestoco
*, 760700990
Fecatady teat
ais
ete
oy NOV-02-88 13:83 © FROIMFIRST GA se SECURITIES 5613624475 OU
ose *Postit™ wand fax transmittal memo fost | Forpeges ree
isexenoe™™
mateo
at Hons eres
3
< € en . 9 SSR
AUOBRELES "HBS
2 See
cusae carne Sees sg well
a BPs a0- SNE Re aese.|)
or ; : ss
Sein Ro
Xx
| Uk
Gpdmn ames Yo.
sd
Hl
"te
Wovo2-98 14:00 ree ton, SECURITIES 5613624475 Cather P.IS/IB F183
: 2008 ST. ANDREW RLV. STE 0, BOCA RATON, $3433, 7
- . Beare ELITE PROPERTIES.
INC.
* PALMETTO PARK
= DAYS TC CONFI
eee ee
Residential. Sale and 1 Purchase Contract
{DA ASSOCIATION OF REALTORS®
a _~
ree to Sel and the terms and
aes =— wean
5
= Legal Oescrintion: =
8
48 Fee SI Personal property listed
. % ir in this Contract is inchicied in the sales orice, has na contributory value and is being let for Seller's convenience. .
: pa ang, r
as aonb bleh ta Buyer wa pay cosh fr he Propesty
‘qualifying and obtaining (1) and for (2) below (the
(Gosing Date}, extended ghar peowst oF ete
see ace ee vate fie un
& PROCEDURE: ¥t
treatment and
_ oa and repars (Turf Real Uni Ow: ace Quaaaneie “recording fees on the deed and
statements: loan expenses: pening special assessment hens! lender's ‘ttle policy: | inspections; survey; flood
neareneeseseanennest Wem ES AR SRRAIB ARN zg.
: 2r
BRS:
eee
provides for repair or Fr
systems: eae 5116, Anomewerraiy anoroies to
BBqaaTe
3
71° 6. INSPECTION PERIODS: Buyer wil complete bie in inspections
72 19__. (within 10 days from Effective Date if left blank) Cinspection Period”), the wood-destroying organism inspection by
To gee_adeoda . 19__ {geioe ‘to closing if left blank), and the walk-through mspection on the day defore Closing Date
7% Of arly other tne agreeable to the parties.
79 Bayer (AG X_ae Seller (_ iS _enoege rece ot 2 cory os Bee, which is Page 1 of 4 Pages.
voces ADMINICTD AT a :
* FABLARi 1198 1986 Florida Association of Reators® All Rights Reserved MINISTRATIVE COMPLAINT
Ta fom hetnaod fo ue ws Fererteneae™ Forms Sora by SC Mealiatr Puente} SS P96 1027 :
_e fai we
i Le) YW
-
ZAL PROPERTY OI. XSURE: Sellerrepresents that Seller does not know Of any tows that maternally affect the vatue of
she Property, inckxing wolations of governmental laws, rules and regulations. other than these that Buyer canreagity observe
‘or that are known by or have been disclosed to Buyer. . ; .
(2) Energy Efficiency: Buyarmay, within the inspection Period. have ine Property's energy efficiency rating determined. butno
Eres han a gation is connected with the outcome. Buyer acknowledges receipt of the Florida Building Energy-
Efficiency Rating System brochure. I this is a new homie, the builder's FLEPL card is attached 3s ‘an'addendum.
ive gas that, when it has accumelmed an a building in éutficiene
“4
Nw
°
from your county public health unit. Buyer may, within the inspection Period. have an appropriately ficensed person
e c may choose to reduce the radon
as
Delowtheminiesurs flood eleve Oy calwednguetien toace ioncuce fo Sedlerwrthan Zotays hon
Effective Date, faling which Guyer accepts the existing elevation of the buidings and zone designation of the Property.
serene ee
closing, Setter wi
Sesignable reper
@) ity,
Ri8eeaareeeeseerggcassssa
104 the Cosmetic condition resufted from @ defect in a wartanted item. Seller is not obsgated to bring any item into
report, Buyer accepts the Property “as is” with regard to wood-destroying organism
{c) Wall-through ipspection: Buryer may walk through the Property sciely to verify that Sellar has made repairs required by
NS Cor has. met Contractual obligations. No other issues may be raised as a resutt of the watk-through
ora Renner pots wtb oes ed
‘opesty is damaged by fire or cther casualty before Closing and can de restored
fe to Substantially the same condition as it was on Effective Date, Selier will, at Sellers
EXDENSE, FeStt ¢ and the Closing Date will be extended accordingly. if the restoration cannot be completed in
time, Buyer may accent the P:operty *=s is" with Selter assigning the insurance proceeds forthe Property to Buyer at closing,
cancel this Contract. ;
wilco Warranty deed or trustee, onal 1 emative or
Seed as appropriate to Seller's status. Property by stetutory anty . pers cores
{a) Tile Evidence: Tele evidence will show legal access to he Property and marketable title of record in’ Seer in accorttance with”
_.. .GxFert thie standards adopted by the Flcrida Bar. subject only to the following title exceptions, noné of which prevent residential
use of the Propecty: covénamts, easements and restrictions df record: Mattérs’of plat; existing zoning and government
regulations; oll, Gas and mineral rights of record tf there is noright of entry: current taxes; mortgages that Buyer will assume: and
brances that Seller will dis charge at or before closing. Sefer will, pnorto closing, deliver to Buyer Seller's choice cf one of
. # of title evidence, which must be generaily accepted in the county where the Property is located (specify in| °
Paragraph S{c) the selected type). Seliter Wil! use option (1) in Palm Beach County and option (2) in Dade County. yes
(1) A Ute innurence commitment issued by a Floridantk
‘Subject only to title exceptions set forth in this Contract.
(FU so setter _ x ) acknowledge receipt of a copy of this page, which is Page 2 of 4 Pages.
licenced title insurer m the amount of the purchase price and
LOLOSPOUTR ATIVE COMDE arate
p . Ly i
ister Publahing, inc.” 300.336-1027 vat
- Lat
: = 163
1 161
162
163
: 164
7 1s together
foo 187 Salter
1 188 {b) Title
My 163 tile. ev
170 receipt'of
i 171 within the
: Date or
{
}
'
, performance wil be dus the next business day. All time periods
in the county where the Property is located) of the appropriste day.
rated, Mage ange tgs Hee
‘parties and Broker by mail, personal delivery or electronic media. Guyer's falters
nea such notice ls required by this Contract, regarding ary contingencies wil render
: AR notices will be nm
to deliver timely wirttten notice to Sefer,
that contingency void construed a8 if the contingency did not exist. ia
agreements, bind Buyer, Seller or Sroker unless this Contract.
Modifications of this Contract s in writing, signed and delivered by the party to be bound. Signatures.
indals, documents references: iS and ¥ i ‘ oron saper
. ne raph 19 wal be submi ‘axbittation only if'ite licensee's broker Consents in writing ta
(@} Mediation and Arbitration; Expenses: “Mediation” is a process in which parties attemot to resolve a dispute by
‘tesolution of the dispute but who is not empowered to impose &
[
eens |
. deposit and hold funds and other items in escrowand,
of this, incexinqg:
1027
aia wit Sesh gary to Uae Gontrect. Ts coord casing.
er a suave
ch ow ce Bare aces
RR Re A a RR = haa A ay oe A hs
= 4 Insulation Disclosure = B. Backup contrest.
= = K. Pre-1978 Housing Sut. (sp) = = Q-BrokerPers.
L Flood insurance Reqd.
_ OFFR
If applicable: = Buyer received a writen real property Gacioeure statement from Seller before making this Offer.)
offers to purchase the Pr ‘on the terms and is signedby Sellerand
sate as ron tn ee eee ean bs be revoked
and Buyer's ; Sopcsit refunded subject to clearance
Bard ation ve Lieadiod ht be alidiy oF adeauacy of
‘Srowision of this form in anv ‘soacitic transaction. This standardized form should not be used tn ‘Garolex transactions oF min extensive Noers OF
tere. This form is avaiable fo, use bv (he ortire real estale imiustry and i& nok intenced to identity the User ag a REALTOR® TOR®. REALTOR® ts 8 :
Soe Tacaesee tee Cor Che 7 novo Hernate ho are rasa oe None Aasoton REALTORS® '
Su ‘5 :
The coovricht laws of the United States (17 U'S. Code) forbsd the unauthorized repr ction of blank forms by ‘any ‘nears including facsimrave or
° comeuterrzed forms Ar
FAR: 5 Rev 1096 ©1998 Fiorids AS: of Ristori Ad Rishes
. This form es veered for ise with fh Formas” Fors satware by SG MeAliim Publisnig ine. 8O5.326-10 x7
A ICAI Ss BT A A LETRA I TIA IT SES SEI LISS SR i IS SA RTE ie SESSSSSISSSSSESSS- SIRES 0s Sie tol mes on _ _ i =i
some eA ins Mi Bia N i «AN ms LS A hi i als MR An Ate a i RH a ta a a A om
TARA Ate eee vO) UIaTIER eer wee ae -_
No «545948
@ Receipt Only — Not
| ca-tese
a k snare W/D Check ——
Amount $12, 082, 20 Account 4958 Amount 910, 002. 08
; ° . - §$45968 Share
res . Checking _
Resulting Balance is $4, 521.78 were Won
wee
: : ‘Payable ta —
ELITE PROPERTIES OF THE PALM
SACHES, INC MYRNA K. RIDGEWAY
“CERTIFIED CHECK
“RE: MARK RIDGEWAY
9:54 AM
. Receipt 1221395752
“Teller: PAT K.
vee Pot geet, . oon poder
A KI eProuvn ee ae ae oe Te ~~
. “Boos Raton, Florida
e/ 3 Elite Prox
December 11, 1998
rties of
the Palm Beaches
20937 St. Andrews Blvd.
deposit on the
accepted.
"$12, 500. 00 escrow
ase immediately
‘Plebert deal, as Tt understand my offer was never
I will pick a ul my check as soon as it is available.
Sincerely '
ADMINISTRATIVE COMPE LAINT
EXHIBIT a
PAGE — OF =F
ToSe-07b—-heG: X24 NOTTEXNTO saa aR
~S
REMITTER COPY.
nena UR
Republic
Security REMITTERS
Banik
MAR RIEDGEMAY
twetve Thousand Five thindred and 99/100
FLITE PROPERTIES OF THE P.8 18 a - 4837301493
December
# 12,500.00
hl dle
fle
See ees
——-
. 8°. Legal Description: Wiwm@ececeee Nlo@ua_Lot
i
ve Odd. Residential Sale and Purchase Contract .
ok yY FLORIDA ASSOCIATION OF REALTORS®
AS
HASE: Eaxere of Fiegeerm esetter’y
=f Ep i sabe ne ind is fied_below th tty described rewer’
. » 4. agree to sell and buy on the terms and coni tions ¢ ified_ below the property described as:
RR MNO Bass i erred) Fie
4 Address: AAW NUD Se Srceetr__, teen ae \-
es County: “mie, Trasta
Tv nu: Tax ID No: OGYAYT NOB GOOAINO _
8 together with ail improvements and attached items. including fixtures, built-in furnishings, built-in appliances, ceiling fans,
9 light fixtures, attached, wall-to-wall carpeting, rods. draperies and other window coverings. The only other items included
i0* in the purchase are: “Gai Cmta Saety Fence.
At
“428 _
13° ‘The following attached items are excluded from the purchase: No.
14°
"15 Thereatand personal property described above as included in the purchase is teferred toas the “Property.” Personal property listed
“48 _ in this Contract is included in the sales price,
has no contributory value and Is being left for Se! les convenience.
“PRICE AN DP
: ae .
.18* 2, PURCHASE PRICE: $ ANT. payable by Buyer in U.S. currency as follows:
aclolo waa
4Q0M say
4g (a) $15, sit receiyed (checks are subject to clearance) _WOuern@ea@ 16 _, 1998
~ 20° =z for (Escrow Agent”)
a . Signature Name of pany
22" 1b}$__N)|A____Adqitional depositto be made by ——N)ea tg
» 23% fe) ; 1.87, OCG Talal Financing (see Paragraph 3 below) (express as a dollar amount or percentage)
24° (d} “N {a 3
25° (e)$_YS,000 Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds
26
. cousins. — ald at closing must be paid by locally drawn cashier's check or wired funds.
27° eS (Check as applicable) (J (a) Buyer will pay cash for the Property with no financing cominaeney
28° (b) This Contract is contingent on Buyer qualifying and obtaining (1) and /or (2) betow (the “Financing") by 2c im .
29° 199% (if left blank then Clos! whichever occurs first) ("Financing Period”):
30° (1) Acommitment for new, QO Vi or 4H. % of the purchase price (plus
31 any applicable PMI, MIP, VA i FHA or VA, see attached addendum).
32°" > (2) Approval for Seller financing or assumption of mortgage (see attached addendum).
/33*| Buyerwill apply for Financing within 3O days from Effective Date (5 days if left blank) and wiil timely provide any and ail credit,
. CLOSING DATE: OCCUPANC
(‘Closing Date”), uniess extended by other
42 removed onor before Closing Date. fon Closi : pone closing’
43 | 5. CLOSING PROCEDURE; COSTS: I title insurance i ‘arising between the title binder effective date
44 andrecording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Sellerand brokerage fees to Broker
es for documents needed tocure title: certified,
bstantially completed as of Effective Date, an
48° amount equal to the last estimate of the assessment: up to--C —% (1.5% if left blank) of the purchase price for repairs to
_ 49°" warranteditems ("Repair Limit"); and up to—O— % (1.5% if left blank) of the Burchase price for wood-destroying organism
Addeada
51 ig fees on notes and mortgages; recording fees on the deed and
52 jal assessment liens; lender's title policy; inspections; survey; flood
s3° NIE, patient iin sa ea ast ie sisters sae sense a
54 (c) Title Evidence and Insurance: Check (1) of (2): | .
55° Paragraph 10(a)(1) owner s title insurance commitment as title evidence. Soller Le Buyer will
_ 36° select the title agent. X\ Seller Buyer will pay for the owner's title policy, search, examination and retated charges.
57 Each party will pay its own closing fees. . oe cyuate sane weg - ecinct? anise femal
58° ~ (2) Seller will provide title evidence ‘as specified in Paragraph 10(a}(2). C} Seller Cl Buyer will pay for the owner's title
59 solicy and select the title” agent. Sell
. i ill pay fees for title searches prior to closing, including tax search and lien
50 search fees. and Buyer will pay fees litle searches after closing (if any), title examination fees and closing fees.
51 (d) Prorations: The following items will be made current (if applicable) and prorated as of the day before Closing Date: real
82 estate taxes. interest, bonds. assessments, association fees, insurance, rents and other current expenses and revenues of
83 ‘se Property. if taxes and assessments for the current year cannot be determined, the previous year's rates will be used with
84 2ciustment for exemptions and improvements. Buyer is responsible for property tax increases due to change in ownership.
85 {e) Tax Withholding: Buyer and Seller imply with the Foreign investment in Real Property Tax Act, which may require
66 Seller to provide additionai cash at clos: Seller is a “foreign person” as defined by federal law.
87° if) Home Warranty: /_ Buyer! } Seller: N/Awill pay for ahomewarranty planissuedby J \A. ata
. Ahome warranty plan orovides for repair or replacement of many of a home's mechanical
inti
Nottoexceed$ | NA
39 E ystems and maj ce: normal wear and tear during the agreement period.
71" 6. INSPECTION PERIODS
72° 490
96 1996 Ficrida Association of Realtors® All Rights Reserved
ensed for use with Fornutator” Forms Software ov SG McAllister Publishing, ine. 800-336-1027
o re e)
REAL PROPERTY DISCLOSURE: Seliérrepre "thal Seilerdoés'it know of any facts thal materially —_ the value of
+ the Property, including violations of governmenta. 7s, rules and regulations. other than those that Buyer ca... zadily observe
of that are known ay or have been disclosed to Buyer.
Oe ES Mee Me ache hi ek, =n Ete 8 tell di 2 aes eile
vs expense up to the Termite Repair
134 Limit. ifthe cost to treat and repair the Property exceeds the Termite Repair Limit, either party may pay the excess, failing which
4135 either party may cancel this Contract. Selleris not obligated to treat the Property if () there is no visible live infestation, (ii)the
Sane ge are Sanaa a teil
S S portion of the Property is damaged by fire o er casually before closing "and can be ‘festored
143 within 45 days from the Closing Date to substantially the same condition as it was on Effective Date, Seller wili, at Seller's
144 expense, restoré” Property and the Closing Date will be extended accordingly. if the restoration cannot be completed in
145 _ time, Buyer may accent the Property “as is” with Seller assigning the insurance proceeds for the Property to Buyer at closing,
146 failing which either part incel this Contract. .
: Tit : een
148 10. TITLE: Seller will convey marketable title tothe Property by statutory warranty deed or trustee, personal representative or
149 guardian deed as ‘appropriate to Seller's status.
150 (a) Title Evidence: Title evi ow iegal access to the Property and marketable title of record in Seler inaccordance with
151 _currenttitle star lop forida Bar, subject only to the following title exceptions, none of whi ‘event residentiz
182 use of the Property: covenants, eaS@menis and restrictions of record; matters of plat; existing zoning and government
153 regulations: oil. gas and minera(Tights of record if theres no right of entry: current taxes; mortgages that Buyerwill assume: and
154 encumbrances that Sell il discharge at or before Closing. Seller will, priorto closing, deliver to Buyer Seller's choice of one of
the following types of litfe evidence, which must be gerierally accepted in the county where the Property is located (specify in
Paragraph §(c) the selected type). Seller will use option (1) in Palm Beach County and option (2) in Dade County.
(1) A title insurance commitment issued by a Florida-licenced title insurer in the amount of the purchase price and
subject onty to title exceptions set forth in this Contract.
bid et itn Ban Doe tty te ht aie bien mecmasete ates eo ADMIMISTRATIV
ih x )and Seller ( ne ) acknowledge receipt of a copy of this page, which is Page bofapaged” |‘
EXHIBIT =
g, inc. 800-336-1027 PAGE pe U
(2) An existing abstract of title from a repui__.e and existing abstract firm (if firm is not existing, then abswact must be
ertified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title tothe
“Property recorded in the public records of the county where the Property is located and certified to Effective Date. =
~ However if such an abstracts not available to Seiler, thena prior owner's title policy acceptable to the proposed insurer
&
4 asa base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format
5 aééeptable to Buyer's Closing agent from the policy effective date and certified to Buyer or Buyer's closing agent,
6 “together with copies of all documents recited in the prior policy and in the update. If a prior poticy is not available to
7 Seller then (1) above will be the title evidence. Title evidence will be delivered no jater than 10 days before Closing Oate.
38 {b) Title Examination: Buyerwill examine the title evidence and deliver written notice to Seller, within S days from receipt of
39° tile evidence but no later than closing, of any defects that make the title unmarketable. Seller wii » 30 days from
Me) receipt of Buyer's notice of defects (“Curative Period’) to cure thé defects at Seller's expense. if Seller Cures the defects
ae
72
3
4
“business day” is every calendar day except Saturday, Sunday and national legal holidays). if any deadiine falls on a
Saturday, performance will be due the next business day. All time periods will
€ x where the Pr i f the appropriate day.
ade tha parlies and Bra er by mail, personal delivery or electronic media.
ely written notice to Seller, when such notice fs required by this Contract, regarding any contingencies wii render
jency null and void and the Contract will be construed as if the contingency did not exist.
iy es
, NO priot ag juyer, Seller or Broker unless incorporated into this Contract.
; of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures,
uments referenced in this Contract, counterparts and written modifications Communicated electronically or on paper
eptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or
attac! his Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable
all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records.
(oO make Sellér's title marketable after dillgent effort.
ose to receive a return of Buyer's deposit without
paid and agreed to be paid (to be split equally amor
16. DISPUTE RESOLUTION: Th { will be : .
Question between the parties ing Out of or relating t Contract or its breach will be settled as follows:
(a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Sefier will have 30 days from the
date conflicting demands are” made to attenipt to résoive the dispute througf mediation. If that fails. Escrow Agent will
bitration, a Florida court or the Florida Reat
lier will have 30 days from the
failing which the parties will resolve the dispute
is" based. The“ arbitrator may not alter the ot award any remedy not
The award will be based on the gréater weight of th ‘and will state findings of fact i
which it is based. parties agree to use discovery, it will be in accordance with the H
li discovery-related disputes. Any disputes with a real |
i
utral binding arbitration
20 in only if the licensee's broker consents in writing to
222 | sh parties attempt to resoive a dispute by
223 ite but who is not’ empowered to impose a
724 settlement on thé parties. Medial on wil be
: ‘ tion Association or other
|. 225 mediator agreed 6n by the pai es _
rbitration” is ‘a proce
221 which the parties resolve a di
“227 binding on the pai
228
229
230°
231 17, ESCROW AGENT: Buyérand sbi
232 subject to clearance, disburse them
233 disbursing brokerage fees. The er to”
|.-234 Buyeror Seiler,untess the misdelivery is due to Escrow Ag Contract or gross negligencertf EscrowAgent *
235° interpleads the subject matter of the escrow. Escrow Agent will pay the fi f it ‘ar
2 [ ow. E ig fees and costs from the deposit ‘and will retover an °
236 reasonable attorney's fees and costs to be paid from the escrowed funds or equivatent and charged and awarded_ag, Gort costs in gy
237 favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so as Escrow Agent coheeatstoarbite rt
238° Buyer(“//y__) and Seller(___}(___) acknowledge receipt of a copy of this page, which is fageG Df 4 Pages. OF Yo
Ail Rights Reserved
G McAllister Publishing, Inc. 800-336-1027
‘oe VU
é that the brokerage(s) named below are the procuring cause of this transaction. instruction to Closing Agent: Seller
. nd | direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate brokerage
268 agréements with the parties and cooperative agreements between the brokers, unless Broker has retained such fees from the
267 escrowed fi in the absence of such brokerage agreements, closing agent will disburse brokerage fees as indicated befow.
JENS he, FORME 0
see ae wed Pow
i
i
i
: fe aR AND KODA : see : sate
273 20. ADDENDA: The following additionaf terms are included in addenda and incorporated into this Contract (check if applicable):
274* (2 A. Condo. Assn. (_] G. New Mort, Rates ‘"] M. Housing Older Persons. 1 S. Saleof Buyer's Property
275° {| 8. HomeownersAssn. ["] H. As Is w/Rightto inspect "
276"! * C, Seller Financing J L Self-nspections f]
277°! D.Mort.Assumption =‘
278°! : E.FHAFinancing i
279° L!_F. VAFinancing H
280° 21. ADDITIONAL TERMS:
age
282° Whe _Cockrack i _suajecr to Couer. A pamaacn“.) Wee 1 14ag.
283 ee aoe . -. wae eg ————- — —-.
. 9ga* _Grerocmay Pre stereo emdd2 ocatwsee vastly Cpay of inseecttond
288% Ce Peet. _AMcludting. recanibe,_cepoer Sy “Wee 1) 1Aas
oaeY -
287° Aokok
288" Ca
289° reed
ik
HK
N. Unimproved/Ag. Prop. (> T. Rezoning
O. Interest-BearingAccount {J U. Assignment
_] J. Insulation Disclosure ‘1 P. Back-up Contract. . (1 V.Prop. Disciosure Stmt.
-| K. Pre-1978 Housing Stmt.(LBP) ! © Q. Broker Pers. int.inProp. (| Other
J L. Flood insurance Reqd. _j R. Rentals {J Other
280
29 AND ACCEPTANCE |
292* (Check if applicable: [_] Buyer received a written real property disclosure statement from Seller before making this Offer.)
293 Buyer offers to purchase the Property on the above terms and sangitions. Uniess this Contract is signed by Sellerandacopy
294° delivered to Buyer no later than. pat Sdam. tip.mon
295 and Buyer's deposit refunded subject to clearance of funds:
fod bose Et Coe
Dee ih, JAI this offer will be revoked
296" Date: Lille; Tax IDISSN: AZ = WEE
4,287 ; Printname: ©
{ 298° Date: _. “Buyer: Tax iD/SSN:
H 299°
300° Phone:
302° Dat
203°
204* Dai
205°
206" Phi
207" F:
!
308° /— Seller counters Buyer's offer (to ac
309* of the acceptance to Seller by 5:00 p.m. on
310° * Effective Dati
311° Buyer (W/E. )(_ ; and Seller
The Florida Association of REALTORS® é SSOciation of REALTORS: make no representation as to the leaai validity or acy cf
anv provision of this form in anv specific transaction. This standardized form should not be used in comolex transactions or with extensive riders cr
ditions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR®. REALTOR® is 3
eqistered coliective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS®
ind who subscribe to its Code of Ethics.
he coovriaht laws of the United States (17U.S Code} forbid the unauthorized reproduction of blank forms
‘computerized forms.
by any means including facsimile or
FAR-S Rev. 10/98 ©1998 Florida Association of Realtors® All Rights Reserved
his form is iidens: ‘ uiator* ¢ ftwase by ISG McAllister Publishing, inc. 800-336-1027
. ’ P.Oos
. 5 . ed
Mak.24-00 15:44 Lr]
2 -
IN THE CIRCUIT COUR. OF THE 1STH JUDICIAL CIRCUIT
TN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NUMBER DA 99-000915(A) Fz
2
PAMELA 3 POWERS RESPONDENT ype
Petitioner
-VS~ 0°
MARK RIDGEWAY
Respondent
BX PARTE ORDER - TEMPORARY INJUNCTION POR PROTECTION
REPEAT VIOLENCE - F.S. 764.066
TRIS CAUSE came ta be heard on March 26,
knjunction for Protection Against Repeat Violence
Stacutes, and it appearing that an immediate and
1999 upon Petitioner's applicaftgon-£
pursuant to Section 784.046, Florida?
present danger of Repeat Violence aes, and
che Court being fully advised in the premises, it is: 8 “3
1.
ORDERED AND ADJUDGED that Respondent: MARK RIDGEWAY an
ig hereby restrained and enjoined from committing any acts of violence,
battery, sexual battery or stalking on the Petitioner:
PAMELA J POWERS : ; oo
or any member of the Petitioner's immediate family.
threatening the Petitioner or any member of the Petit.
directly or indirectly, ie by telephone, mail
whatsoever.
to wit: assault,
Respondent is restrained from
doner's inmediate family. either
or third parties, at any time or Place
BLANKS ALSO APPLY AND ARE PART OF THIS ORDER:
espondent is excluded from Petitioner's residential premises located at
0937 ST ANDREWS BLVD, #20, BOCA RATON, FL 33433
or wherever Petitioner may reside in the State of Florida.
fespondent is excluded and restrained from the following places frequented by the
etitioner: BOCA RATON ATRLETIC CLUB, BIG CITY BAR & GRILL
*epondent shall not enter onto Petitioner's place of employment located at
ELITE PROPERTIES, INC, 20937 ST ANDREWS BLVD, #20, BOCA RATON, FL 33433
or wherever Petitioner may be employed in the State of Florida.
$s. Upon Petitioner's request, an officer from the appropriate law enforcement agency
a ce ghall accompany the Petitioner and assist in the execution or gervice of the
foo et. rnjunetion.
i = t
j 6 The fellowing provisions sre necessary to protect the Petitioner from Repeat Violence:
{ : THE PARTIES SHALL HAVE NO CONTACT IN PERSON, DIRECT OR INDIRECT, BY PHONE, BY MAIL OR
i BY THIRD PERSONS, EXCEPT BY COURT ORDER, AT COURT APPEARANCES OR THROUGH ATTORNEYS:
A ey 9
a AGENCY
: ~ OFFICER ~~ 1D NO!
! “-ovtemp/s 9 Page 1 of 3
Revised 1/1/97
5
, ; P.o9
Mar-24-00 15:44 te wd
&
ony relief granted by thie injunction shall be effective for
@ period not to exceed fifteen
(15) days from the date hereof. The Court may delay the haar.
ing on this matcer upon a
i © petitioner within twenty-four (24) hours after
its entry. -
ORDER TO APPBAR YOR HEARING
YOU ARE HEREBY ORDERED TO APPEAR for a hearing to be held on the Petition for Injunction
fox protection filed in the above styled case under Section 784.046, Florida Statutes, on
April 09, 1999 at 10:30 AM in room 3 of the Palm Beach County
Courthouse, 200 WEST ATLANTIC AVENUE, DELRAY BEACH, FL 33444
sefore the Honorable TIMOTHY P MCCARTHY , Judge of the above styled Court.
Either parties‘ failure to appear may result in the
fees or other sanctions permitted by law.
imposition of court costs and service
TER RARTIES CANNOT CHANGE THR TERMS OF TaTs INQUNCTION. BY VERBAL OR WRITTEN AGREEMENT, OR BY
TO THR RESIDENCE.
ot
ZokpERED in Palm Beach County, Florida on March 26, 1999 at
=e
PALM BEACH COUNTY . STATE OF FLORIDA
As. 2 4 hereby coctity that the
f foregoing is a vue copy
ow coke” C.
0
°
of the recatd in my
Saqnge™
This ae Day of
Circuit Judge
A copy of the Petirion, Notice of Hearing, Financial Affidavit, if any and this Temporary
Injunction shall be serve pon Respondent, MARK RIDGEWAY - who resides at:
20139 BACK NINE DRIVE, BOCA RATON, FL 00000
and whose business address or place of employment ig;
vee FL
#8 soon as possible after the receipt o£ those documents on any day of che week and at any
time ofthe day or night. THIS INJUNCTION I§ VALID AND ENFORCEABLE IN ALL COUNTIES OF THE
STATE OF FLORIDA.
of the Court, 205 North Dixie Highway,
telephone (561) 355-2431, 1-800-955-8771 (TDD), ox
, West Palm Beach, Florida 33401,
~8770 (V}, via Florida Relay Service.#
Package to Sheriff / Petitioner on 2lo~ g q by
eputy Clerk
Page 2 of 3 Revised 1/1/97
1 . ‘ P.10
“3-24-00 15:45 ‘wad WJ
e
*"** WARNING Ht ee
SECTIONS 741.31 AND 784.047, FLORIDA STATUTES PROVIDES THAT WILLFUL VIOLATION OF THIS
INJUNCTION BY REFUSING TO VACATE THE DWELLING WHICH THE PARTIES SHARE;GOING To THE
PETITIONER'S RESIDENCE, SCHOOL, PLACE OF EMPLOYMENT OR A SPECIFIED PLACE FREQUENTED REGULARLY
BY THE PETITIONER AND ANY NAMED FAMILY OR HOUSEHOLD MEMBER; COMMITTING AN ACT OF DOMESTIC/
INDIRECTLY, UNLESS THE INJUNCTION SPECIFICALLY ALLOWS INDIRECT CONTACT THROUGH A THIRD
PARTY CONSTITUTES A MISDEMEANOR OF THE FIRST DEGREE PUNISHABLE AS PROVIDED IN SECTIONS
775 ,082 AND 775.083, FLORIDA STATUTES .
SECTION 901.15(7) (A), PLORIDA STATUTES, PROVIDES THAT ANY LAW ENFORCEMENT OFFICER MAY
NCTION MAY CONSTITUTE CIVIL AND/OR CRIMINAL CONTEMPT OF COURT. THE COURT MAY ENFORCE
COMPLIANCE WITH ANY OF THE TERMS OF THIS INJUNCTION THROUGH SUCH CONTEMPT PROCEEDINGS WHICH
2NFORCEMENT MAY INCLUDE ARREST, JAIL AND/OR A MONETARY ASSESSMENT OR FINE.
THE RESPONDENT, UPON SERVICE OF THIS TEMPORARY INJUNCTION UPON HIM OR HER, SHALL BE DBEMED TO
HAVE KNOWLEDGE OF AND TO BK BOUND BY ALL MATTERS OCCURRING AT THE BXTENSION HEARING SCHEDULED
OW THE FACE OF THIS ORDER, ag WELL AS ANY FURTHER INJUNCTION THAT MAY BE ENTERED AT THAT
HEARING. A COPY OF ANY SUCH INJUNCTION SHALL BE MAILED TO THE RRSFONDENT AT THE LAST ADDRESS
page 3 of 3 Revised 1/1/97
Docket for Case No: 00-002063
Issue Date |
Proceedings |
Nov. 16, 2000 |
Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Nov. 15, 2000 |
Order Closing File issued. CASE CLOSED.
|
Nov. 14, 2000 |
Stipulation filed. |
Nov. 14, 2000 |
Final Order filed.
|
Aug. 16, 2000 |
Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by November 15, 2000)
|
Aug. 16, 2000 |
Motion to Hold Case in Abeyance (filed by Petitioner via facsimile).
|
Aug. 08, 2000 |
Amended Notice of Video Teleconference issued. (hearing scheduled for August 22, 2000; 9:00 a.m.; West Palm Beach and Tallahassee, FL, amended as to Tallahassee location).
|
Jun. 12, 2000 |
Order of Pre-hearing Instructions sent out.
|
Jun. 12, 2000 |
Notice of Video Hearing sent out. (hearing set for August 22, 2000; 9:00 a.m.; West Palm Beach and Tallahassee, FL)
|
Jun. 01, 2000 |
Joint Response to Initial Order (filed via facsimile).
|
May 22, 2000 |
Initial Order issued. |
May 15, 2000 |
Answer to Administrative Complaint filed.
|
May 15, 2000 |
Notice of Appearance filed.
|
May 15, 2000 |
Election of Rights filed.
|
May 15, 2000 |
Administrative Complaint filed.
|
May 15, 2000 |
Agency Referral Letter filed.
|