STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, oo -1F0% VS. ; FDBPR Case N° 98-84498 Petitioner, HERBERT M. GIMELSTOB. Respondent. ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter Petitioner") files this Administrative Complaint against Herbert M. Gimelstob (hereinafter "Respondent") and alleges: 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 of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat.. and the rules promulgated pursuant thereto. 2. Respondent Herbert M. Gimelstob is and was at all times material hereto a licensed Florida real estate broker, issued license number 3007598 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a broker %Gimelstob Realty Commercial L C t/a Gimelstob Realty Commercial. 2300 NW Corporate Blvd. #222, Boca Raton, Florida 33431. FDBPR Admin vs Herbert M. Gimeistob PDBPR Case N° 98-84498 strative Complaint +. Atall times material ‘herein, Respondent was a a broker for Gimelstob Realty «. Commercial (Realty). 5. On or about J anuary 16, 1996, Realty obtained from Tuscan/Harvey Homes, Inc. (TH), . an exclusive right of sale listing agreement on certain lots (lots) i in which TH held an option to purchase from FIVO Corporation (FIVO). Copy of the listing agreements is attached hereto, ~ incorporated herein, and made a part hereof by reference as Administrative Complaint Composite Exhibit 1. 6. On or about April 16, 1997 the parties extended the listing agreement to December 31, 1997, Copy of the extension instrument is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Exhibit 2. 7. On or about December 15, 1997, Realty again requested an extension of the listing agreement until June 7, 1998, to which TH agreed, adding the contingency: “These listings shall be extended to the dates above so long as we (TH) maintain control of the same.” Copy of the agreement is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Exhibit 3. 8. The option on the lots was to expire at the end of December 1997. 9. By document dated January 21, 1998, TH was attempting to negotiate an extension of the opuon on the lots. Copy of the Addendum requesting the extension is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint Exhibit 4. FDBPR vs Herbert M. Gimeistob FDBPR Case N° 98-84498 racive Complaint 10. On or about January 27, 1998, while TH was still attempting to negotiate an extension to the option a agreement. Respondent purchased the lots from FIVO. Copy of the Purchase and Sale agreement is attached hereto, incorporated herein, and made z a Part hereof by reference as Administrative Complaint Exhibit 5. 1 1. On or about J Ji anuary 28, "1998, after sont had negotiated ‘ihe purchase of the lots. FIVO advised TH ofits intention not to renew the option. Copy of the letter denying the renewal option is attached hereto, incorporated herein, and made a part hereof by reference as Administrative Complaint 6. COUNT I Based on the foregoing, Respondent failed to advise his client, TH, of a conflict of interest in reference to the lots, interfering with his client’s ability to negotiate the renewal of an option contract, and, therefore, is guilty of fraud, misrepresentation, concealment, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction, and has violated a duty imposed by the terms of a listing contract, written, oral. express, or implied in violation of § 475.25(1)(b), Fla. Stat. (1998), 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 penaities which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the FDBPR vs Herber Administrative FDBPR Tase N* 93-34498 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 n (10) years. imposition of an administrative fine oft up to sl, 000 for each count or offense; imposition of investigative € Costs: issuance of a reprimand; moxie of probation subj ect fee terms inciuding, not ed to. ors 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 61J2-24.001, 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. ogee sos ere FDBPR vs Herbert M. Gimeistop FDBPR Case N° 98-22498 Administrative Complain:c SIGNED this pba LOK day of Wavember ; 1999, Professional ‘Regulation eee By: Herbert S. Fecker, Jr.” . _ Director, Division of Real Estate Hang a ATTORNEY FOR PETITIONER LLB G oe mee om Nancy P. Campiglia Florida Bar N° 164259 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 NPC/k PCP: MSP/CS 11/99 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. ul FDBPR vs Herbert M. Gimelstob Administrative Compiaint 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 behaif ifa fe PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pieading with the Petitioner within twenty-one @1) 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 -- appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. Ee a rata ae en ewes OY ; @pBetter A. : im esto b ol 2a HORS. EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT iS This AGRECMENT Ig mane and entered join tis AF ay ot, = DAMGCA 1a 96. _ ny ena natween GIMELSTOR NFALTY. INC. REALTON® ane ww a SEEN HAT VEY tomes — .OWNER mrreyoby ALAL LOI will ust ang use us bos! eslons te secure AW OUrcnaser for the property legai descnbed as: __2Zolo.Club/Royaliiidden_t + “3 3x Fole Numoer _ 209000 O19. Tae Sa Addrass: Senterra Dro Pelray Seach Fae a, 15 ° CiPfr 97 A be WITNESSETH: OWNEI Nerehy gives REALTOR for a parted of __?__monttet. terminating on tira ZO say of t 9 SE or any Ee, & srtonsion nerea! ("Termmation Daly’. io EXCLUSIVE RIGHT ANO AUTHONITY to sail thal property deserted sdave line “proDeny'] UpOR Ihe tostowingy price and tome 67 i any other ori¢d and terms oinerwise accentanie 1c OWNER. ws 4 price: I 2OQWwWCO terms: Cash, casn to assumaoia morgage, or terms othorwise accoutauie to OWNER, 1 REALTOR®S MESFONSIGILITICS: That in consideration of thls Exclusive Aight of Salo, NEALTON® sarang: A. To process the nroperty through ine Multiple Lisiing Service otlared by your toca! Goard of Rosilors. Fo mmmnet ing orocany 9§ REALTON® deems sdvisatis and otnorwis promote ihe sale a/ the property. 3. To be lamaisr win tho proparty and tecure information necastary 1a complaie Profile and Fass sheats . C. To contect the hotier of the morigags on the oroperty, il any. 10 obIdIA Up-l0-¢ate information. MORTGAGE A NAME ANO AODRESS OF MORTGAGE HOLDER: D. To furnish intormavan roquosiag by Any olher licensed real eslaie brok any coanersiing oroxer in closing E. Ta taka alt reacanania precautions to prevent ciamagg in the process of 3Rowing Ine property OF pormitting otnars to show Wha propany. - F Unon funding to pay a protessionatica ta ary cocoorating Hearing real ostatc brokor wan sells tho Provorty OWNER allows ine REALTCR® tha fiqribilty to pay Guyor ~ . Agents az weil as Sunageniz, when the Guyars Aqant lully discinsas ins agnucy to alipariias = wee ” ~ : 2 OWNEN'S NESPONSIDILITIES: That in consideration of te ovtyaeges of he REALTOR®. OWNER agrors: ‘ A To pay the REALTOR® 3 orotesstonal fee in tho smaunt of, Of IN grass Ourchase Drico (oF IN¢ tultuwmny: ‘ 1 ene Wansociien on tha gropany, 22 2 Any sale. conveyance, tansier, exchange, lee wh option. long-term loasa. cunttact ler deed, canvoyance of ene OWNERS Interest in 'he proporty to anoinr OWNER. or soent venture, nananesni, eyadicalian ar cocnersiion shalt De deemed s “slo lor urpesas of tins Agreement whatner accampanied by the Roattur OF any oler persnn oF onnty meting tie OWNER: a - 7 an Soot met 3. Wa purenaceris secured by OWNER or any oiher nersan Gutiag Ino torm of this Agrcoment of Onension hereot, rageraiees of whether ihe purchaser is eeiatn {sor ainerwisa previously known te OWNER tha crotas tonal (ne shail be deemed earned at thetimn cue 2 enaay, wuiling ang able purcHaser ts found end secure Ong payment snail da ot ihe hme of tunging OF INS Lansactton OF aS provided in Oaragraon 0. herounger: er * TOWNER refuses of ails fo accent $m offer al ine orice ang terms siatnd in ints Agreamant, golauis on an OkECUIED £8106 COntracl, of Sgroas win a surenase 19 CONCor 3n OxocuIeY sates ConIract, 3 Ta pay ine REALTOR® 2 professional fea of LA of ihe total tease consideration Dayaole in (ull when a lonam is socured by ine REALTON®, OWNER, oF any otnpF Berson during the term ct ints Aqraament oF any eitension hereol or wihin ine Donod soeciliag iA paragraph 2.E.. after termination, to louse ine proneny or lonma zcceoiabia lo tna OWNER A shmiar fee shell be patd by Ihe OWNER 10 the REALTON® tar cach tunewal, extension or new! ° 3 8 2 = > é 3 a é 8 3 Ay 3 g 3 4 : ° = z= wm 2 s 3 z 5 3 a $ 3 2 o @ = 2 2. & z ” y Iranelar of tne ovcoerty, wuhin 120 days atior Tormunatlen Oate fo any prospect wih whom OWNER, REALTOR®. of Any cant estate licensoe working dy of Iitough NEALTOR®, communicated fegarding Ihe oronsrty orior to Termination Oto, However. ihe Sligatinn to Day SUCH professionsl [se to REALTOR shalt 00 walved Ifa valid ilsting {s entered into sudscquont to Tecrnaton Oats wih another licensed roe! aslato broker and 8 sel, lease, exchange or contract inereo of the eroncrty 15 mada during ihe term tnorsol. F. Incase a purchaser lor the property is secured, the usual and customary practice lor (he examination. curing tile ang lor closing ina transaction smod apply, OWNEF Sgr@oR Lo dalivar in the purchaser 3 Sialutory Warranty Deed. {100 ang clear ol alt Hens and ancumorances except tose which Iho purchaser shail acsum as per of the curchase once, G. To warrant accuracy of information set forth Norein and to Indemnity REALTOR® end inose folying thereon for any errors theroin. 3. DEPOSITS: Thai as anne for OWNER, REALTOR® or any Cooperaling fcensed rani acinta hrokor is authorized to AccRot, receint tor and Rotd AA mores coid or deposita a6 a Bindar of denesit on ine purchaze of ihe property, and dutlos of {ho Broker relative thereto shall be in ACCOFOINCS WH INE Laws Of (he Sisto of Flatida and roguisiion: of tne Florkta feat Estate Comnnssion. @ oF ronint and any extonaior 6 SIGN: £ (or we) nevgoy auinorize ine placemant of your ‘Tor Sate’ sigh on tho property end @ “Sold” sign upon signing an accopiable contact, i pormissiblo, Yos A__ No. 7, LOCK ROX: fAWo suinorize NEALTON® to use a lock Lox SYSIOM LO Show AND SccASs the Meopeny, —rerXno, ilyas. OWNER IS advised thet a tock box doas not onturt ihe property's Secunty and thal OWNER should sacure of remove vatuablos. OWNER agrees thal ine lack bor Is or OWNERS benoit ang releases REALTOR® and nt persons working by of through REALTON® trom nt liabity and easnonstuility In connection with any does that may ecur. a. LATENT DEFECTS: OWNER cpncitteaty acknowledges and undarsiands that whare OWNER tnews of facts matonally altacting the value of Cosirabiny of the eraneny OWNER Is untler # duty to disclose sald facts Doth to tho Duyar and to the REALTOR®. if OWNGA knows of sald facts, he shaft set thom tenn in writing bolow or by written documant atinctod to this Exclusive Aight of Sale Usting Agrooment upon eracution of this Agreement. OWNER egrons fo Indemnity and had harmless MCALTOR' ONG Mose rolying Merson ice demagns fesulling {rom the inaccuracy Of said Inlormatien end from OWNER'S ladure to visctose any jocie materially atfecting ine valve of dositmbdimy of Iho propory. OMPLAINT THE FOLLOWING LINES ARE 10 {E USED TO LIST ANY FACT THAT MAY MATERIALLY AFFECT THE VALUE OF THE PROPERTY !# NONE, PLEASE WAITE “NONE® AND INITIAL. IF A SEPARATE SHEET IS TO DE ATTACHED. WRITE “SEE ATTACHEO SHEET" ANO INITIAL. THIS SPACE MAY ALSO BE USED FOR ANY 8 SPECIAL CLAUSE. HIVE C ———__________.. 3. PROCESSING AND HANDLING FEE: Owner agrees to pay to REALTOR® 8 roat 10. FAIR HOUSING ACT: OWNER aar 11. ATTORNEYS FEE: in any proceedings snzing out of this Agroemont. the prevating party shall ha entitled to recover reesoneuie stiorney s tees end costs. 12. LEGAL & BINDING: Thiets nq logat ang binging contract on all parties. Herein, inctusting thoi holes, chord Ueting inlormation rheat) and OWNER warrenis. to the boat of his knowledge, tho accuracy of end lalotmation. Pursvant to Florida Statute Section 475.42 (1)(I}, in consiaeration for REALTOR® fecopting this listing, OWNER Iraaly and voluntarily oxprassty grants unic REALTOR® the right to a anon ine orepany. Tho Hen snav b¢ 10 ‘and owing trom OWNER 10 REALTOR? for pertermanes of REALTON'S. OF a cizim of Wan in tha OUbIC records Of Ine Coury whare INA DropAIY is Incated al ny time foftewing ine oxceutian of this Agrnamant The Owner hereby saverally waives and renounces any and ail Ramestead SEAmAlian flyits he may have vader the Conzittution e+ Laws of ihe State ol Floris, of aay . . Len. Tha AEALTCN® may tring an action to ferecioso ino tier money jydyoment forthe ungaid commission without waivine REALTORS rigtis undor say ciaiin of lien Upon paymont ia full of $a lon, lull Sottlomond agreament regaraing ward commissian. or ordor diracting REALTOR! 10 oleage seid lien, NEALTON® shaw excels anu vatlver such Foloases(s} of thon to indiente tno paymant mn full or £10030 Of Ihe Commiewe dio Tris contract Is not affective ualll signed by RE ine Yo oa REALTOR® ee OWNER’ SALESMAN __ oh A. Turés SOCKAL SECURITY NUMBER © AIY) 7: eee SIMELSTOB REALTY. ‘"c, / OWNER NATE ACCEPTED RY BealTage Wt 2IGL3 ener econinens OWNER’S MAILING ADORESS __ 202 Gilnttoore Rd. Soca Raton, Fl. 23487 ; EXHIB} TOTLa9G=T1T7 an OWNER'S TELEPHONE NumBer __ 10/7 994-11 . ime! @p Better Gim tsiob' rd Onis. &, : Lot Sy EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT ©“ 5 2 — b <9 ‘ This AGREEMENT Is mane aed onterau in an 1S, ohm LAYS 996 ry and natweon Giife fod ne uty. fne.. ALTARS a suscan varvey Hoes TT” OWNER suereny REALTOR set Wal and u20 us vost ellors to ef af agar (or urd pimceny sogat seserbedas: __Polo-Cluh/Rayai_Hiddentowe Tix Foto Number, _ 42 GO JB I60 a Fares: WITNESSETH: OWNER Nrrery qives NEALTOR lor a period ot nn /MONINE, Terminating an tha 30° hy ot ame 2 ce. extension Hore! (“Tarminaiion Dato’), ihe EXCLUSIVE RIGHT AN AUTHORITY to seit what property described 2d0ve ihe “propeny’} upon wainitentowing page ane terms, ¢< any ather orice and terms olhorwisa acceptabie to OWNER. we oom PRICE: 20 TERMS Caz. casn in assumanie morigage, or lorms oinorwise. acceptibie \o OWNER. 1 BEALTON®S RESPONSIBILITIES: That In consigereion of inig Cxenreiva Might of Sale, REALTOR® agrecs: ; Roaitors. To market ine propony as REALTOR® teams aavisania ang cinerw cornoiaia Proila ang Feature sheots, 0 asis| any coonerating browes in elesing 9 swransactton on E. To taka afl reasonable precaulions to prevent famane it ihe process of showing tha property or Darmeting Otnars to show tho property ke eR : F. Upon funding. tv pay 2 protessionatiee in any ‘Coopsranng liccn=eg rea! estate broker whe sells ihe Property OWNER silows tho REAL TON® ih Noaibitty to pay. Ouye Ageia OS wail 15 Subagonts, when the Buyers Adant fully diseingas this aganey 19 deve ae 2 CWNER'S RESPONSIBILITIES: That ta ennsideratton of ne obtiantions of the REALTOR®, OWNER agree “ A To nay ine REALTOR® 9 piatessinnal ten in tna amount of. BL. of 'Re gross purrnase price tar ine fallowing: . 1 REALTOR s servinns in attacing a saig vr by linaing s’nurenacar smarty, wailing and atta to purchase Dursuant tains Agreommm oa 2. Any sale, conveyance, iransier. axcnange, lerte win AnLOR tong.tarm lease, contract Jur deo. conveyance of ona OWNER'S int #@S1 m9 Property to snet | OWNER. er joint venture. panaarshin. synaeation OF coaveralion shail by veered 9 "salu" for purcosas of thls Agrooment whether accomnaino: OF any other parson oF enuity retuding he OWNER: -rmecscnmmnesronmacaes SHERI TAR itm gurenaser is sccurce Oy OWNER or any ningr aerenn during (he term of 1o OF Otmarwise previcusty known to OWNER Ihe profs signa: ise shallbe de 's Agreement or axtenston hero! regardless of whether ine ourciinger ts rein eo Ned atthe lime sucita ready, willing end able ourchaserie jound ana secur an payinon sha be at ine we of lunging oI this transaction oF 33 provided In RArOHIADN D horeunder: oF * THOWNER retuses or fais to accent an oviar at ine pace ana terms gated in ite Agreement, Uslouite on on @rocuted sales contrnet, ef agreoe muir a curenc (eo Cancel en exceed sales contract. we Soe eee @ Ta pay tha REALTON® 2 protessional toe of secured by Ino REALTOR®. OWNER 21 am i other porson during the term of this Agree 2.6., aftar termination, to Inase the property : serme accaniadie to tie OWNER. A gimitar tao sn: . eried of (he tense inareat’ Stiputeied iy 2.4. “hull protessionatioe’ ila puren: ; OQ. lain a het the daperii(s} be retained, SO% Mereol, but not excooding Ihe professional foe above provided. shall ba paid to (he REALTON® 98 a consivorot ror EAL S Services, melding Corts nrpended by MEALTON® and tna batancn sham hannid io OWNCN It tho teansaction shot ant be closna bacause 01 Fa" _— of fallure ol OWNETN 10 pariorm, the OWNER shalt nay Ihe hs protassinmal ten ag speetiesd ia Caragrapiy 2 A andlor 2.0 to ACALTON® Upon demand, E. Ta bn aniiqaind to pay te protessiensl tas dun REALTOR® it the property «4 yald, Wansterred or etnerwize canvayad, or Ils contract Is entered Into lar the cain conveyence or olfter transtor Of MO property, witin 120 days alter Termination Date to any Prospect with whom OWNER, REALTON®, or any rool estate conse j working by oF integh NEAL TON®. eammuneaing Fegaraing the qroparty nrior to Teeminatian D919. Howevor. ing ObIgsIION te Nay BUCH Drates sional ienia REALTO : shall Bo walved ita vaikd listing ts entezey into sutsoquenl to Termination Oale wilh another heensed featesinta broker and # $3/9, 9930, exchange or contract ior of Ihe property Is mada during tho term thereot F Incase a purchaser tor ine pray 'Y fs sacurad, tha usual and customary practice for the examination. curing litte and for closing the transection shat aonty. OWN 29/ee3 to dalver to tha purchasor a Slatulory Warranty Oecd. tre0 and clear ot all fens and AMcUMBIANCEs OFCapt hose WhIEN Ihe pUrchasor shad assume asp ‘of tha purenage price. GS. To warrant acemnacy of information Set lorth eran and to Wemwuly REALTOR® and those totying thereon for any errors inorein, 3. DEPOSITS: That at agent tor OWNER, REALTOR® or any CooDATatING KaMSed Foal estate b/okOrts auIhorized Io vecepl, receipt for and hoid AN menies natd er ceoos!' A 8 bindor nr danesil on ing purchase of ihe property, and duling ol the brokor relative thereto shall be in accordance with ine tawe of he Giate of Florida ana reguiaic of ihe Flords Reel Estate Commission. 4 NO GUARANTEE: OWNER undnrstangs inatinis Aqreemant doas not quarantine tha sate of tne Propeny bul lIrat Mt does assure nat REALY OR® wil mauve an esmnesis Contlovad etfort to sell the graperty until hs Agreament ts larminated, : $. AUTOMATIC EXTENSION: Unan the sxacutton of any contract for ine S30. Conveyance oF other transier ei tho property guting the jarm ot Inis Agenemant. ing ororet deta hareot shat automatically bw extended for a period gual io the $8. SIGN: # (o2 wai herby authorize ihe placemont of your ‘For Sale’ Yo _X__No. 1 LOCK BOX: AA SNAl Get tham tain in weitiegy Below or oy. agrees 19 Indemnity and trokd harness REALTO UISClose any fects matoriaity affecting tne veue tnd those relying thereon for damages rexulieng rom i desirability of the property. .THE FOLLOWING LINES ARG TO DE USED TO. UST ANY FACT THAT MAY MATERIALLY AFFECT THE VALUE OF THE PROPERTY If NONE, PLEASE WrITE “NONE ANO INITIAL. JF A SEPARATE SHEET 1S TO DE ATTACHED. WRITE “SEE ATTACHED SHEET ANO INITIAL. THIS SPACE MAY ALSO OEUSCOFOR ANY ___ SPECIAL CLAUSE. ___. OWNER Iniiiet 9. PROCESSING AND HANDLING FEE: Owner Agrees io OLY to REALTOR® 2 real asiato Drocessing and hanging (00 In the smount of $110.00 at chosing, 10. FAIR HOUSING ACT: OWNER agraec (0 snide by ine 1988, 197 ana 1908 Fait Housing Acts, and amendments es emonded from lima io Ume, under whieh ha not ine responsibilty to sai hie nranarty tn x miastiod Buyer roqamiess of race. color. religfon, sex, handicap, famiiat siatus of aniional arigin 14 ATTORNEYS FEE: in any Oroceeaings aitsing oul of his Agreament, the Srevniling pany shal be entillnd to recovor roagonabie 12. LEGAL & OINOING: This is a legat and birding ennirarton all panine Reroio, inctuding iholr Roles. 1uyat reprosontatives. successore And assigns. OWNGN undarsinnae tt Protessional leas eng contract tarms 210 net requlated Ly law and aro suullecl to ogollation, OWNEA has tully coviawnd ints Agenament and te information tolative (0 £ . : Droparty {3% shown in the sting infarmalion ahove andior ino wtinchad Osting Infarmation shoct) and OWNER warranis, ta the bos! of Ais tnowtedge, the eecurecy 0! s ‘ inlormation. Pursuand to Florids Statute Saction 475 42 11)(), In cannigeration for REALTOR® aceepiing inis listing, OWNER Ireely end vorunt NEALTON® tha right ia 2 Ran on tha progorly. The Kan enaa be undar ine Consiltution of Laws of tie State of Florida. ur any oinor tlai@. oF Unitad Slates. os against this Linn, The AEAI Ia the sama manna ana mariage of ral property is fotecinsod and may aise bring an action ai t2w ia rocovare Monoy judgamont for the uneard commission mibnul wine REALTORS fights unane any ciaim of ken Upan payment in tull of said commission, full Sattlomemt aqreament regarding said commisson. or order Ghecting NEALTC t9 relmmse snid fen. ACALTORS® stam exocute and deliver Such flea s63(s) of ton ta indicele Ino Payment in lull ar rolenga of tha commission Uyo. This contract is not offetive until signed befeatTe a REALTOR® < “4 ean SALESMAN __ John A, furco — SOGTAL SECURITY NUMBER GOI/A en / ~ GIMELSTOB REALTY, ING, 7) A, / OWNER DATE ACCEPTED BY REALTOR® MNES I GY SOCIAL SECURITY NUMBER — i OWNER'S MAILING ADDRESS __°92 Clfatmoore Rd. Joea Raton, Fl, 23487 OWNER'S TELEPHONE NUMgER __ 207-996-1177 oe imisiob @pBettern m Si soe o = HO!Il.¢s, EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT Tole AGRECMENT Is INAGS_ION eMared ito Hus LS zsyv oJ Gowen —— 1996 San Harvey tomes ee SaNER wharmoy REALTOR mints Zagended as. ee repeat Hidden cee ~ Tha Foto Nunwer: a 24670260 Coy ataess) Sonterra Det + WITMESSETII: OWNER Rerevy givos REALTOR fer a vurion ot __ 19 months, terminaiing on tho 30 day ot Pr satension tereol (Tarmmnaiton Dato”), tho EXCLUSIVE RIGHT AND AUTHONITY te geil that BroDONy Onseribad above (ihe “property’) upon tne any aller FCO and lerms othorwize nccentabte fo OWNEH, Cot ORICE: ZOO” oo nee TERMS: Cash cass io assumaoio mangaga, or tacms, othonnse S¢eonladis Io OWNER. REALTOR®S RESPONSIBILITIES; That In consideration ol 16% Ex sive Aight of Sale. REALTOR® agrons: A. To procass thn propony inrough ihe Mullipta Listing Semce SHlered by your local Guard of Reawors. To marke! Ine Prooanty as REALTOR® Geoms savisabie ans oinene 8. To Le lanullac with tha property and socure Infonration mecossary 10 Comniata Profite eng Foalure shoots.” €. To Conteet ine hotdor of te mortqaga an the Dlopeny, sey. [9 Obtain UD-lo-date nHormation, MORTGAGE # NAME AND AOCKCSS OF MORTGAGE HOLDEN: ae. = —_ __ 0. To furnish informauon requested by any other leanseu rea! ertnta Orowar ar Deroar E, To take all reasanabie procautians to prevent damags IMa orocess of Showing tho progeny or parmiting others to show the prope: F. Upon tunding. 19 pay a professional toa to any cooperanna neunsed real osiate drokne wha seneihn nroperly OWNE Agents 12 wee ns Subagonis. whan tho Guyars Agent tui dlzctonor IMs ageney ia ail paniog, 2 OWNER'S RESPONSIBILITIES: Thal in consitoration al ina epliaations of tha REALTON®, OWNEN agroes:: ” 4 To pny ino REALTOR® 2 rote scionst (we inthe amount at 31 the gross purchase prrce lor ine totowmy: 1 REALTOR® sorwi 2 Any sate conwnyance, transtor, vm lenco. conlenct lor deed. conveyance st IN tha progeriy i> emcee OWNER, oF joint venture, partnersnig, syngien Seemed a “s310" far pumnatas of thie Agraemem whathar accompanied by he Nowe amen. detaults on an gxoculed sales contract, or agrees with @ ous to cancel en orcculed sates contract. 2-12 vay Ine REALTOR® a protessionat foe of NLA sf: 9 totat tease Constderalian. paynote In [uit when a jenan is secured by tho REALTOR®, OWNER. cr any ster person during the tarm of this Agreeinent oF any exiansion nereod of wilhin the pened specilied in paragrapn 2.€., aller temwmnation, to fonse tho ereseriy ¢ irime acccutatia to tha OWNER. A simitariee snall bo ond by ine OWNER to the NEAL TOR? Inv each renewal ertension of now inase period of thin feaga erent: ‘Ne property ts Sotd to ho tonant within 120 Gays of Iho tonmingiion of ng fonancy inn OWNER agrogs to Day tho professional fee slinutoind in 2.A. C Toimmngiatety refar to REALTOR® af Inqntes relative to ine nurehaca ol ina Bronedy Failure te do so wil obligate OWNER for he “lull protersianal tna" if + purens, sasuls from an inquiry not raforred during tha term of U6 Agreement of extension heroot. . O in the event that tna denasit(s) be retained. 50% Ihercot. But Rot exceeaing ine protesstonal foo Above Moulded. shat be psi fo the MEALTOR® os 3 CONS. darate lor AREALTOR@S torces. Incluting costs oxpended by REALTOR® ang in Balance she8 O¢ paid (6 OWNER It tha transaction stall ant be closed dacause ot faltura of OWNER to partarm. the OWHER shae oay ina tu) prolossonsy {e0 a8 spectlied mi H'aragrapm 2.A anevar 2.0 10 REALTON® upon demane, =_ & To be obligated to aay ine rofessionat Ine dun AEALTOR® it ine reat Old. Hanstareg@roinermnse conveyed. oF I! # contract it eniatnd Inlo tor 110, sate convayanen oF alhar transiar of the property, witiun 129 days aller Teimination Oata to any prosvoct win whom OWNER, REALTOR®. or Any S00! astote wecass wrosninny by OF trrounh AEALTOR®, communening reanrarng ina oroperty prior to Ferminahan Oate. Howovor. ihe obfigation le pay such professional iow ta AEALTCH shal be warad it @ valid Hating ts ontared into suLsequentto Terminanion Date with anoiner deanced reat osiate broker anda sale. toaso, oxchangs or contract tare of the property is mode during the term thereat, nanan . F. In caso a purcnasor tor ina oropeny Is secured. the usual ang customary practice for th agrees tu Uodver te the purchasers. Stnlulory Warranty Oead tras ena clear ol aif of me gurenase orice, G. To warrant s¢curacy of information set fon ROFOM ana 19 Intamenty NEALTOR® and those calying thoreon tor any arrors inaretn, frat EAMINALON, Curing Utig and lor dosing the transaction shalt sppry. CWNE ing and encumusrances exceot those which the purchater chall sssume 83 of OEPOSITS: That a¢ agen for OWNER, REALTOR® CF TOY Coonaraling Heensed foal Ostate broker is Ruthodzed to necopt, binder oF Dopesit On the purchase of the Prooerty, ang duttos of he broxer ratative ihereia shall be in secordance wit of ihe Florida Rout Estate Commission. (NO QUARANTEE: OWNER understands {hat this Agreement voos not Swarantve Ine Salo Of the property Lut that N Uues assure inal REALTOR® wil mane an eames er comtiwed eflort to sail the mronarty une this Agraement is letmersiog. ‘ecolpt for and hold all monios patd oF Geoosit: the laws ol the State of Flatigg ang 1ey19110 of renewal inaseot. $ SIGN: I (or we) nerady eutneriza the placement of your Yos_. Na, 7 LOCK BOX: Tonerty += ¥os4No, i yes. OWNER I¢ advised tial # lock Lox does noi ensy 4nd those relying thereon lor damn Sosirahiity of tho propony. THE FOLLOWING LINES ARE TO BE USED TO LIST ANY FACT THAT MAY MATERIALLY AFFECT THE VALUE OF THE PROPERTY. iF NONE. PLEASE WRITE “NONE’ AND INTIAL. IF A SEPARATE SHEET 1S 10 0€ ATTACHEO.WRITE “SEE ATTACHED SHEET” ANO INITIAL, THIS. SPACE MAY ALSO DE USEOFOR ANY ____ SPECTRE CASE nee ee ats ne Aree! ao) FROCESEING BNO HANDLING FOE: Owner sgracs eee Semper oN OWNER taltei ae $ PROCESSING ANDO HANOLING FCE: Owner Agrecs 10 Oay wo REALTON® 5 reat estate Brocossing and handting 100 in Ine amount of $110.00 BI closing. NL: i 10. FAIA HOUSING ACT: OWNER agrees ta abite by Ine 1968 1987 and 1988 Fale Housing Acts, and amandma: Heme, Under witch he nos ~ . ‘ tha tesponarbliy to set Is oropotty to a au . . : i 11. ATTORNEYS FEE: In any procesdings arising eut af ing Agreement, ine pr . - 12 SEGAL & BINDING: This 12 a tegat and binding contract an atpanies hereto, Brofessinnal fons and conteact terms ara nol requisiad by law end Brogerly (a8 shown tn ing Asting informauion avove anuior ina ors, information. Purivan to Florida Statute Section 475 42 (1111). NEALTOR* thn right to a Wan on ine promarty. The Han saan ba dullas under tits Agrooment. REALTOR® MY fOCord 3 Notice Of tha OxIstonce OF INS Agtcomenm re 50 REACLTOR®S rights unger any ctatm af lien, Upon payment ia tuo! said Commission, full sotitamaal agroement Fegarding said Commirsion, or ordar airneling AE AUTOR ASA Ol the Commission dug / ” “hig contract ts not atecivg voegined b REALTOR® a SALESMAN ein A ture NUMBER UA SIMELSTOB REALTY, INC. WI7, ig OWNER DATE ACCEPTED BY REALTOR® (1172 SOCIAL SECURITY NUMBER 902 Ciintmoore Rd, 27ca,Raton, FL, 33487 UNIS FVaR 1 7 . ¥ od OWNER'S MAILING ADDRESS GimE.s. vb @pBetter 0. Reaity inc.el 4a Thy AGRE EMI JT m280 4nA eaterad Ipta this LS ny ot ENVe rs Can iiarvey ilomes -0i0_Club/Royaliiidden Coy ee JEL? SALESMAN GIMELSTOS REALTY "NC, OATE ACCEPTED BY REALTOR® OWNEA'S MAILING ADDRESS . OWNER'S TELEPHONE NUMBEN LL2L GM 3UL Clintmoore 111 . . Boca Raton, Fi 23487 “994-1177 lon without waivin: eQercing teid commission. ot order ditegiing REALTOR OWNER _ Xx SOtiAL SECURITY NUMOER / Sfa~ OWNER SOCIAL SECURITY NUMBER @ ; im? @p Better” a oo ; Gimnisiob@ay Homes. —— oT } EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT c Tau oe . oP 1 . 3 is maye.gng crerea nin inte 2S A OO 19 9G atwean Gil IEALTY, INC.. REALTON® ar . This AGREEMENT is mae,309 0 ev doues — Suntan =n REALTOR eres wea us beat sons te ae Sypurceaer tor nd 5496 * deserved as: Ta4 Fotlg Number. 32562620000 di adavons: n LL: an 5 he AS 2 97 WITNESSETM: OWNER horeby gives REALTOR lor 9 pened of 15 MOAINS. terminating on the 20 _ ay of A a iret orany amtansion hereot (‘Tormination Date’). ihe EXCLUSIVE RIGHT ANO AUTHORITY to soil that property described above tine “prapesty’) upon tha fdiipwing pripivand terme any ether price and terms otnenmse acccotsdic to OWNER. . ‘* PRICE: _ BL 000 TERMS: Casn. cash to assumaoie Mongage. of torms olnormse acceotadle 1o OWNER. 1 REALTOR®S NESPONSIBILITIES: Thal in eonsidaraiton of thie Exciusive Right of Sale, REALTOR® agraas: A. To procass the propany inrangn ine Multiole Listing Service oltarad by your toc! Board of Realtors. To mamet ihe oroperty as REALTOR®: Promote ine sate of ine oronery. 0. To be [amutar wih the prea ly 89d SeCurS Information necessary to comotete Prolite and Faaiyia shoots. N/A C. To contact ine hatter of the mongage en the property. if any. to cotain up-to-date inlormation MOATGAGE & ctr NAME ANO AOORESS OF MORTGAGE HOLDER: Q. To tumish infannation requested by any other Keansed raal state broxor oF associaia and 10 assist iny coopersing broker in ctosing @ transacuon on Ing Oropan E. To take ull reazonadig precautions 1a prevant Gamage in tha process of showing ine propery or panmtting others to show the property: ° F. Upon tuneing, to pay a protessionat tee io any cooperating lconsed reat astare Droker who Sells ine propery. OWNER slows the AEALTOR® Iho flombitity 10 pay Buy: Ages Of wall a3 Subsqonis, when ihe Guynr s Agant fully discioeas this agancy (¢ au panics, ea < 2. OWNER'S RESPONSIBILITIES: That in consideration of the obligations of A Ta ony Mo REALTOR® 2 protessorai foo in tne amount ae sian tho gross purchase orice for the follawing: i. i ‘ AEALTOR®S services in aves ing § purchaser ready, willing and sbie to purchase pursuant to this Agteoman: . ‘ 2, Any sale conveyance. transior excnange, toaze wih oaton long-tonm tease, contract Int deed. conveyance of Ong OWNER'S Interest inina Orepanytonnot . I OWNER. cr joint venture, pannarsnip, Syndication of cogperation shall ba doomad a "sate" for Sumosas of hie Agreemam whather accompented by ihe Real °° H 97 any other person of enuty including the OWNER, ne pen ten ty ern es . 7 3. Ia purchaser ts seeured by OWNER or any othar porson OUFAG {ha torm Of nis Agreement of extension hereol, regerdiess of whether th Purchaser is cera i to or otherwise prevausty known to OWNER, Ihe orolessionaites shalibe deemad AA MED AIING LIMO SUCH a ready. willing ana able Ourchasarieloundandtecu ' And Baymont shad do at me time of funding of {his tronsaction oF as Brovided In paragraph O hereunder: or ‘4 11 OWNER refuses o¢ fads lo secant ‘37 offer al the ence and terms si: ed In ints, Agreement. cefauils on an execuied sales contract, of agrces with a pyrcna ta Cancot an oxacuiog sales contract. 3. To pay ine REALTOR® 2 professional ine of N/A of the torat lease consideration, payable in jul when « tenant 's secured by IN@ REALTOR®, OWNER, or an olher Nerson curing the (arm of (nis Agraement of any exziension Rereot or winin lormination, to 1ease ino Prepany torms acceotabio to tha OWNCA. A timiar foe anal bo paid by ihe OWNER 10 the A 'ewat, az1ension OF ew (esse Derad of the lanes inoroat it Ihe oropeny is said fo the tenant wilhin 120 days of ine tenninaton of ine fonancy, (he OWNER aoveas to pay tne protessionel fee stipulated in 2.4. Fs C. Totmmadratoyy relarto REALTOR® ail Inquiries relative to the Ourchase of the Stoporty. Falture to do ce wi obligate OWNER for the “Twi professional fee’ it purch: fasuns {rom an inquiry not rel during (ha torm of inls Agrooment oF extension hareal, . we 0. IM Ihe evant tnat ine dapositis) D6 retainud. 50% thereo!. but mot exceeding the nrofossional tee above provided. shail bo aki fo Ure REALTON® a3 a considera ' for AGALTOR*S sorvices, meiuging costs #xpended by REALTOR®. ang ino Calance snail be paid io OWNER, i! (na transection shad nul be closed becauad ol sofy of failure of OWNER to perlorm. ina OWNER shall pay Ino full orofesmanal fap ay soctiiccdm£aragraon 2.4 anwar 2 0 to REALTOR® upen comand, €. To be aoiigated to pay the protossional fa due AEALTOR® it the propery Is sola. transterred ar otherwise conveyed. of if a contract Is entered inte for the tale . Senwovance of olher transies of ina property. muinin 120 days after Termination Onin to any prospect win whore OWNER. REALTOR®, of any ron astate ticons : ‘worming Oy OF through REALTOR®, commurrcatad regarding ine pronenty pror to Torminaion Osle, lo REALTC shall be waived it 9 valid listing Is entered into subsequantio Toneinaiion Date with another ticensod ree! estate broker anda fale, teasn, exchange of contract inor of tha nroporty is magn auring Ing (orm tnereal, F. Incase a ourchaserfortne Bropany is secured, tho usual and. Customary practice jor tho oxamnation curing tite and for closing Ihe transaction snai agfees (9 Calvor to tho purcnagur a Statutory Warranty Cend, [rag and clear of aii dane and encumorences except (nose which ihe purchaser shai of Me purchase orice. G. To warrant securacy of Intormatwn sot fort! in and {9 Indemally REALTOR® and those talying theroon tor any a 3 DEPOSITS: That as agent tor OWNER. REALTOR® or Any cogparaling licensed reat estat 83 8 binder of deposit an Ino purchase of ine Property, and dutles of ihe Orokur ratative ¢t of the Flonds Rest Eziate Commission. 4 NO GUARANTEE: OWNER undersiands that ths Agrecmant dows noi guaranien ine sate al she Dropeny but that it doos assure inat REALTOR® wil maw continued offort fo $01 the property unite nis Agqraement is tarmnatog. S$. AUTOMATIC EXTENSION: Upon the execution ef ‘any contract for tha sate, co: date hereot shail autornaticaliy b Jone Bdvisabin and atnore. REALTOR®, OWNER agrens: pety. OWN : uMO a3 ¢ i 15. therein, : ° bog te broker ts authorized to accept, recompt for and Mold all Monies paid of depow . (hereto shail bo In accordance win the laws of Ihe Steie of Florida end roguiati: H iM annosts 3 SIGN: | (or wo} Roraby auitrorize the placement of your “For Salo’ sign on ine propany and 0 “Soid” 4IgA upon signing an ecceptable contract, if permisemic. t Yos No. Ihortze REALTOR® ts use @ tock box sysiem to show and access ihe propery. —rarXno, It tha property's secunty and that OWNER should socure of remove valuabl ersons working by ar Lnraunh REALTOR® trom sif Mability and 20: 8. LATENT DEFECTS: OWNER speci! 1 yes. OWNER Is advised thet @ loex box does not ont: = 8. OWNER ogress thet ihe nck Dox 3 for OWNER'S Ddengin ang releases REALTOR® ong - Hieibilily In Connection with any loss thal may accur, TE eis matorigily allacting he vahse or dasiratitity of tha prona: a of said facts. he shad got (hem torn in writing bolow of by s Usting Agreement uvon execution of nis Agreement. OWNER. 297008 10 indemnity and hold harmiess REALTC any facts matonety aitecting ine value And those rotying theraon lor damages Tesuliing trom tha inaccuracy of 5810 Information and Irom OWNER'S lature to disci doswabilty of the propery. THE FOLLOWING LINES ARE TO BE USED TO LIST ANY FACT THAT MAY MATERIALLY AFFECT THE VALUE OF THE PROPERTY. IF NONE, PLEASE WAITE “NONE” ANO INITIAL. IF A SEPARATE SHEET IS TO BE ATTACHEO.WRIT SPECIAL CLAUSE. E “SEE ATTACHED SHEET ANO INITIAL. THIS SPACE MAY ALSO 8€ USED FOR ANY ___ OWNER Initial —___ 9. F estate procossing and hanaiing f¢@ in ihe amount of $110.00 atcloting. 10, Housing Acts, snd amendments as smended trom Aime ta ime, under which he hos Hgion, Sex, handicap, femillat status of national orgin. : 1 : : entitted to recover reasonable atiomey’s feos end cosis. . 12. tuccessors and assigns. OWNER undorstands t! 1 this Agroemont and ihe information raigiive to 3 tS. to the a z 3 = 3 g 3 2 2 3 3 g 2 Fy 2 2 ad GLOMOHION Nghs Ne may he . The REALTOR® may bring an ection to forectose ihn | money jvdgement for the unoald Commission without wai: OMmiIssion. full seitlemont agroomant rege: ging said commission, or order directing NEALTO '§) of tan ta Indicate the payment mm (ul, 000 of Ine Commineion dud Lawl, a Es 3 3 a Fy 3 3 a a g 5 Fy 3 8 3 2 & 5 2 3 a 3 3 3 once re This contrset Is v0 ments signs REALTOR® SS ownen 3 SALESMAN ae A Taree Ay Turco SOCIAL SECURITY NUMBER Sa : ~ 5 . Fr GIMELSTOB REALTY. INC, Sf, WV OWNER coy ets t OATE ACCEPTED ay ReaLrone _———“/ LUG CC SOCIAL SECURITY NUMBER : OWNER'S MAILING ADDRESS ___%U4 Uilntmoore xd. hoca Raton, Fl. 32487 -~ 2} omens eerie wages OTe 7 ee a . as welt -- 1 q ! in-2lstob @p Better> Lor Realty aa iol Jes. 6 EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT Ganon

April 16, 1997 . FAX (561 1-0242 Mr. David Harvey Tuscan-Harvey Homes, Inc. 902 Clint Moore Ruad - Suile #120 Boca Raton, FL 33487 Dear David: Please be advised tat the listings at Hidden Cove in the Pulu C on 4/30/97, With your bennission, [ would like to extend the following listings ; until 12/31/97, as your agreement with the Developer, also expires at that time: Lots #15,16,17, 8,19,21,23,27,29,30,3 1:32.33, and 33, — tub are to expire David, please sign below today, if possible, so Gimelstob Realty’s Advertising Departnent can continue {o keep your listings in the Advertising Peoi. 1 already told thent to do so, without your signature, the reasou being they are 2-3 weeks ahead on their marketing, and Pany fisting does pot renew, they onut them from their Pool 2-3 weeks before it expires. Thank you, ee Pf i John A. Turco . TUSCAN-HARVEY HOMES, INC. AGREES TO EXTEND THE ABOVE LOTS \ . IN HIDDEN COVE UNTIL 12/3 1/97, AGREED TO ON THIS DATE: ANG ~FD = y ra = . SIGNED BY DAVID HaRVE Z2- ad SZ Seereqe TT eeview eae it MARKET CAMPALG ob aTeATEG | Over 25 locations serving Dade. Broward, Palm Seach. Martin and St. Lucie Counties : { ii fo Tall Erg\Yumber (800; 228.2087 | SPY Barr 2! LQ: 2 O , nt 9 re ~ i Better Gimelstob @pBerer 7035 Beracasa Way (Corner of Powerline & Palmetto Park Roaa), Boca Raton. FL 33433 TELEPHONE (561) 392-2822 FAX (561) 391-0242 "DECEMBER 115, 1997 MR. DAVID HARVEY TUSCAN-HARVEY HOMES, INC. 902 CLINT MOORE ROAD-SUITE #120 bE | BOCA RATON, FL 33487 S| Jj H QIN j DEAR DAVID: SMU te f PLEASE SIGN THE FOLLOWING AGREEMENT TO EXTEND THE LISTINGS TO JUNE 07, 1998 FOR THE PROPERTIES AT HIDDED COVE “POLO” LISTED BELOW: - FOLOT 9 LOT27 LOT 32 LOT 2} ge LOT 23 ~ Ba Les iT ib, (7, 30,3133 MY BEST REGARDS, - a“ JOHN A. TURCO, REALTOR DATE AGREED To oN: 12.-/6-F 7 / AGREED TO BY- A Veerao aormasion o& BY. (Theee PeecenT) MN THe. DRNAL “SREKTER' Conteacr SHA Be Aepcie7 rouse Aus uTVee SALE, . Over 30 locations serving Dade, Broward. Palm Beach, Martin and St. Lucie Counties Toll Free Number (800) 228-2087 j E-Mail: Homes@Gimeistob.com HEATON - L. We THESE Lists hau Be extenceo 16 THe. Dages REST, d So Lone BS We Mann Contest OF SAME. ay Df pe Rpm ea FAAGREEVND2-Fivo. not TO AGREEMENT FOR SALE AND Pp ROYAL HI. THE POLO CLUB, PALM BEACH COUNTY, FLORIDA ENTEREN INTO RY AND BETWEEN TUSCAN-HARVEY HOMES, INC., (TH) AND FIVO CORPORATICN, (FIVO) DATED THE 1:TH DAY OF auGuUST, 1994 AS FURTHER AM! REINSTATED ON THE zist DAY OF MARCH, 1995 AND FUR ON APRIL 29, i996" THIS AGREEMENT, made this day of by and between TUSCAN-HARVEY HOMES, INC., a Florida corp : hereinafter called "TH", and Frvo CORPORATION, hereinafter called "PIVO". WHEREAS, TH and FIVO are desirous of amending and modifying ail prior Agreemants entered into by and between the reapective partiag regarding the purchasa and acquisition of Lotg WHEREAS, in good faith and prior to the execurion hereof, TH has paid all required ERC Payments on hahalf of FIVO with respect tc the lots set forth in Paragraph 1 below. WITNESS ETH: NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE. SUM OF TEN ($210.00) DOLLARS, AND OTHER GOOD AND VALUABLE CONSIDERATION THE RECEIPT WHEREOF Is MUTUALLY ACKNOWLEDGED AND INTENDING To BE LEGALLY BOUND, THE PARTIES HERETO MUTUALLY AGREED As FOLLOWS: i. That TH shall maintain a sole and exclusive option to acquire from FIVO the following Lots: 15, 16, 17, 30, 31 and 33 within Royal Hidden Cove to be Selected by TH in ics sole diserection in accordance with the following lot takedown schedule: ' {a) The aforesaid lots to be individually acquirad on a lot by lot basig on or beforg March 31, 1998. 4 2. Spon execurion hereof, TH shall Pay all currence homeowners association assessments which may be due in accerdance with the above xeferenced lots and shall continue to Pay same through March 32, 2998. in addition, TH shall upon execution EXHIBIT- 4" ODDEN COVE. AF le cr . a) hereof pay outstanding 1997 real esrate taxes which may be due in connection with the above referenced 5] Within ten day from the date of execution h rect, TH will furnish FIVO with proog of paymenc of such reali actacte taxes. 3. As further consideration of FIVO Granting che extension provided fo xoherein, TH’ acknowl edgas thas TH thas Paid to. Palm Beach County the required ERC fees. : : / 4. In the avent there existe a conflict between the. texms and provisions of this Addendum and any other Prior writran agreement or understanding enterad into by and batwean mt and FIVO then, it is expressly understeed and agreed that the terms and provisions contained in this Addendum shall control and prevail. IN WITNESS WHERECF, the parties hereto, have hereunto get their respective hands and seals the day and year first above written. Signed Sealed and Delivered FTVO CORPORATION in the presence of: ~ By: Se SD Date: ee David 8. Harvey President Date: /-aAl-F § o & a1/27/1898 15:85 — -3f 58-4916 LAW OFFICESf™) PAGE a2 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT, made ana entered this 47 day of sanuary, Im Dat. Tao: 1998, by and between = , nis nominees: and _Bssigns (hereinafter referred to as "Burchaser’) an vidually and as Trustee and Fivo Corporation, a New York corpora— AN os tion. WITNESS S ET ¥Y WHEREAS, Seller is the owner in fee simple of the below described real property located in Palm ‘Beach ounty, Florida, ‘to wit: +32. Lots 15, 16, 17, 30( 31 Jand 33 of Royal Hidden Cove, according to the plat xeof recorded in Plat Book 63 -— at Page 107 of the Public Records cf Palm Beach County, Florida. : ("Property"); and _ WHEREAS Seller desires to sell the Property to Purchaser; and WHEREAS, subject to and in accordance with the conditions and provisions hereinafter contained, Purchaser desires to pur- chase the Property. NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid by the Purchaser to the Seller, receipt of which is hereby ac- knowledged, the parties agree as follows: 1, That the above recitals are incorporated herein by reference, - 2. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, the Property. en a Mk de a ki a 21/27/1998 15:85 36 58-4916 LAW OFF Toes) PAGE 93 ~ 3. The purchase price to be paid by Purchaser to Seller for the Property is the sum of One Million Che ‘Hundred Thousand Dollars ($1,100,900. 00). The purchase price shall be payable as follows: _ . a we oR La ana! Foie ~ AL Upon its execution hereof, Purchaser Shall pay to Arthur J. Berk, Esquire ("Escrow Agent"), ia escrow, as a deposit on account of the purchase ‘price, the’ sum o red Thousand Dollars ($100,000.00) ("Escrow Deposit") oe B. At the closing, ‘Purchaser shall pay Seller | the balance of the ‘purchase price in cash or by certifi check, crediting thereagainst the Escrow Deposit, as well as prorations and cred—- its as set forth herein. ore SEEPS 4. At the closing, Seller shall deliver tO Purchaser a duly executed Special Warranty Deed ("Deed"), in recordable form, conveying the Property, a "Gap Affidavit, and a “No Lien" Affi- davit, all in form customarily used in Palm Beach County, Florida and as reasonably required by Purchaser's counsel and the Title Company (hereinafter defined). 5. There shall be no encumbrances or special assessments, either pending or confirmed, for improvements on or adjoining the grew) tot, except as herein described. fro at ty a oy to mm Ww 6. All mortgages, Liens and other charges against the Lary shall of u be paid and canceled, or the Property released therefrom, by Seller, prior to, or at the closing. 7. The title conveyed by Seller shall be fee simple marketable and insurable title, subject only to covenants, conditions, restric~ tions, reservations and easements common ‘to the subdivision containing er 4 81/27/1998 15:85 38 se-asi6 LAW OFF Ices (“" PORE 84 the property and utility easements, none of which Shall ‘prevent the construction of a single family residence upon each ‘lot, taxes for the year of closing, and non-delinquent assessments by property owners’ associations (the "Permitted Exceptions” 8. -Ad valorem taxes for the year of 1998 and assessments by the Associations shall be prorated between Seller and Purchaser as of the closing date. Taxes shall be prorated based upon the prior year’ Ss tax statements, and reprorated at the request of either Party upon : issu- ance of tax statements for the year of closing. 9. The closing cf this transaction shall take place at the office of Purchaser's attorney in Palm Beach County, Florida, or such other place as the parties may select, on February 18, 1998, 10. Not later than five (5) business days from the date hereof, Seller shall cause to be delivered to Purchaser a title insurance commitment ("Commitment") issued “by Attorneys Title Insurance Fund, Ine. ("Title Company"), offering to insure Pur_ chaser's title to the Property in the amount of the purchase price, upon recordation of the Deed, subject only to the "Permitted Exceptions". After closing, Seller shall deliver to Purchaser a title insurance policy pursuant to the Commitment. Seller shall pay the cost of such Commitment and policy. 11. Seller shall pay the cost of documentary stamp tax upon the Deed, and Purchaser shall pay the cost of recording the Deed. 12. In the event of default by Purchaser, the Escrow Deposit shall be paid by Escrow Agent to Seller and shall be retained by Seller as agreed upon and liquidated damages, and not as a penalty, the parties acknowledging that Seller's damages, in the event of 3 cent MLUNT yee GT a1/27/1998 18:85 3) 8-516 LAW OFFICES") PAGE 05 Purchaser's defauit, would be impossible to ascertain, and thereupon this Agreement shall terminate with neither party having any further rights nor obligat: ons hereunder. 13. In the event of default by seller, Purchaser shall have the right to ‘seek specific performance. of “this Agreement, or Purchaser may terminate this Agreement and have the Escrow Depo ' it returned to it, as its sole remedies, 14. ‘All notices and other communications hereunder shall be in writing and delivered ‘by hand, by overnight courier, by fac—: , simile transmission or shall be mailed by first class Tegistered or cartified mail, “postage prepaid, ‘addressed as follows: TO FURCHASER: Herbert Gimelstob 7777 West Glades Road, Suite 100 | Boca Raton, FL 33434 FAX NO. (561) 451-1801 | TO SELLER: | Milton Levin, Esq. Suite 102 99 Powerhouse Road Roslyn Heights, New York 11577 FAX NO. (516) 484-5903 WITH A COPY TO: _ Arthur J. Berk, Esq. Suite 200 848 Brickell Ave. Miami, Florida 33131 FAX NO. (305) 375-9428 or to such other address or addresses or to the attention of such other persons as the party to be given notice may have specifiedina notice to the party desiring to give notice, provided that ho such change shall be effective until ten (10) days after the notice speci- fying the same is given to the other party in the manner herein pro- 4 ee £ 31/27/1998 15:85 36> se-aaig LAW OFFICES" PAGE vided. Notices, demands and requests given by mail in the manner aforesaid shall be deemed sufficiently served or given for all pur- poses hereunder three (3) days after the date such notice, demand or request shall be deposited in the mails, or upon the d. as evidenced ‘by. post office r ced “45, e parties each represent to the other that the: of no person entitled to a commission, fee, or other compensation with respect to the transaction” contemplated hereby. Each party hereby agrees to hold harmless and indemnify the other against 86 any loss, claim, cost, or expense sustained or incurred, should . any person claim a commission, fee or other compensation by Teason of the matters herein contemplated, arising from act of the indemnifying party. [ee Bembinen wus 16. This Agreement is binding upon and will inure to the benefit of the parties hereto and their Tespective successors and assigns. 17, This Agreement may only be amended or modified by an instru- ment in writing executed by the parties hereto. IN WITNESS WHEREOF, che parties have hereunto set ‘their respective hands and seals on the day and year above first writ- ten. Herbert Gimelstob Milton Levin, individually and as Trustee Fivo Corporation, a New York corporation By: , Vice President Lider - ht wt 01/27/1998 15:85 37358-4916 LAM OFFICEA™ "PAGE. 87 . ' RECEIPT IS HEREBY ACKNOWLEDGED by the undersigned Escrow : Agent of the sum of One Hundred Thousand Dollars ($100,000.00) ' from the Purchaser above named herein, as an Bscrow Deposit : against the purchase price. The undersigned shall hola and disburse said Escrow Deposit in accordance with the terms of the foregoing Agreement. Should conflicting demands be made upon the undersigned, the undersigned shail have the right to deposit all . sums haid. by it into the registry of a court of competent juris— DATED this day of January, 1998 ~ Escrow Agent were “- tee corr ae Pee ous bo Faia ' “LAW OFFICES or ARTHUR J. BERK 846 BRICKELL AVENUE SUITE 200 MIAMI. FLORIOA 33131 TEL: (308) 388-2059 FAX: (308) 375-9449 . aes) 358-4916 January 28, 1998 Mr. David Harvey Tuscan-Harvey Homes, Inc.“ 902 Clint Mocre Road, Suite 120 Boca Raton, FL 33487 via fax (561) 39 Dear Dave: Unfortunately, my clients have decided that they ar unwilling to extend your rights to purchase lots in Hidden Cove. They have asked me to find out from you the exact on their Sehalf for the water an d sewer fees, so they can reim- burse you for this expenditure. erely, thur J. Berk ajb/sl w = w —

Docket for Case No: 00-001802

Issue Date	Proceedings
Jul. 28, 2000	Order Closing File issued. CASE CLOSED.
Jul. 26, 2000	Petitioner`s Motion to Relinquish Jurisdiction (filed via facsimile)
May 30, 2000	Order of Pre-Hearing Instructions sent out.
May 30, 2000	Notice of Hearing sent out. (hearing set for September 5, 2000; 1:00 p.m.; West Palm Beach, FL)
May 16, 2000	Joint Response to Initial Order (filed via facsimile).
May 03, 2000	Initial Order issued.
Apr. 28, 2000	Election of Rights filed.
Apr. 28, 2000	Administrative Complaint filed.
Apr. 28, 2000	Agency Referral Letter filed.