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HomeMy WebLinkAboutHealthcare Center for the Homeless Closing Documents -2001 12 19Prepared By and Return to: Anthony A. Garganese, Esq. Brown, Ward; Salzman & Weiss, P.A. P O Box 2873 Orlando, FL 32802 -2873 imi"wenl V1 >i nmim� MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 04300 PG 1419 CLERK'S # 200281725$ RECORDED 01/18/M M i Q i Q AN DEED DOC TAX II SM. 00 RECORDING FEES 10.50 RECORDED BY L Woodley SPECIAL WARRANTY DEED THIS WARRANTY DEED, executed this 11 day of December, 2001 by HEALTH 'CARE CENTER FOR THE HOMELESS, INC., a Florida Non - Profit Corporation, whose post office address is 11 North Parramore Avenue, Orlando, Florida, (hereinafter called the grantor) to CITY OF WINTER SPRINGS, a Florida Municipal Corporation, whose post office address is 1126 East State Road 434, Winter Springs, Florida 32708 (hereinafter called the grantee). (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Seminole County, Florida, viz: Lot 3, ENTZMINGER FARMS ADDITION NO.2 and the West 50.00 feet of Lot 4, said West 50.00 feet being measured perpendicularly to the West line of Lot 4 as recorded in Plat Book 5, Page 9 of Public Records Seminole County, Florida. Together with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor; and that said land is free of all encumbrances, except taxes accruing subsequent to 2001. [Intentionally left blank, Signatures on next page] Page 1 of 2 •• FILE NUM 2002817255 OR BOOK 04300 PAGE 1420 IN WITNESS VVMREOF, the said grantor has signed and sealed these presents the day and year first above written. WITNESSES: STATE OF FLORIDA COUNTY OF cZW6F HEALTH CARE HOMELESS, INC., Corporation CENTER FOR THE a Florida Non - Profit PAUL b. McGLONE, as President of HEALTHCARE CENTER FOR THE HOMELESS, INC. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appe ed PAUL G. McGLONE, as President of HEALTH CARE CENTER FOR THE HOMELESS, INC. to me known personally or O who produced as identification, to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the purposes set forth herein, and he did not swear an oath. WITNESS my hand and official seal in the State December 2001. go Matthew Il Horan MY COMMISSION # CC795190 EXPIRES December 4 2002 ,tydf'� BONDED THRU TROY FAIN INSURANCE INC Page 2 of 2 County last aforesaid this 11 day of : DECIEMBCR 4 1 2 oDL AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF a1zAN6E BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared PAUL G. McGLONE, President of HEALTH CARE CENTER FOR THE HOMELESS, INC., a Florida Non - Profit Corporation ( "Affiant "), who duly sworn under penalties of perjury, depose and state as follows: 1. Affiant, PAUL G. McGLONE, is currently the President of HEALTH CARE CENTER FOR THE HOMELESS, INC., a Florida Non - Profit Corporation, and as such he has personal knowledge of the matters noted herein. 2. HEALTH CARE CENTER FOR THE HOMELESS, INC., a Florida Non - Profit Corporation, is currently the fee simple owner of the parcel described in the Old Republic National Title Insurance Company Commitment attached hereto as Exhibit "A" and incorporated by reference. 3. Affiant is aware of no defects, liens, encumbrances, or other adverse matters affecting title, other than those disclosed in the attached Commitment and survey of the aforementioned parcel, prepared by Lochrane Engineering, dated December 17, 2001, which survey is herein incorporated by reference. 4. That no persons other than the Affiant is entitled to the right of possession or are in possession of the land, and that the Affiant's right to title and possession of the land is not in dispute or question. 5. Affiant has no present intention of filing bankruptcy under the U.S. Code, or insolvency under any state statutes, and is not currently in bankruptcy or the subject of a state insolvency statute. 6. That no work has been done or materials furnished to the land for the past ninety (90) days which could give rise to construction liens being imposed under the provisions of Florida Statutes Chapter 713, Part I. 7. Affiants is aware that Old Republic National Title Insurance Company and Brown, Ward, Salzman & Weiss, P.A., are relying upon this Affidavit to issue title insurance policies in accordance with the aforesaid Commitment, and that in its normal course of business may be called upon to issue additional title insurance policies. Affiant does hereby indemnify Old Republic National Title Insurance Company and Brown, Ward, Salzman & Weiss, P.A. against any loss or damage caused as a result of any inaccuracies contained in this Affidavit. Page 1 of 2 Affiant has caused this Affidavit to be executed this (- day of December 2001. AFFIANT: PAUL G. McGLONE, as President of HEALTH CARE CENTER FOR THE HOMELESS, INC. STATE OF FLORIDA COUNTY OF opAw6E Sworn to and subscribed before me this tc( day of December 2001, by PAUL G. McGLONE, President of Health are Center for the Homeless, Inc., whckKpersonally known to me, or ❑ who has produced as identification, and who did take an oath. n N TARY� I MY COM Matthew ISSION # CC795190 EXPIRES M COmmiSSl pines: Deft -MCF.2 6� Z December 4 2002 BONDED THRUTROV FAIN INSURANCE INC Page 2 of 2 ' r NON - FOREIGN AFFIDAVIT STATE OF FLORIDA COUNTY OF 6wAme-e THIS NON - FOREIGN AFFIDAVIT is provided pursuant to the requirements of Section 1445(b)(2) of the Internal Revenue Code ( "Code ") in order to induce The City of Winter Springs, a Florida municipal corporation, (the "Buyer "), to purchase United States real property interest (as defined under Section 897 of the Code) from the Seller as set forth below and to not withhold any portion of the sale proceeds. The Seller hereby acknowledges that this Non - Foreign Affidavit will be relied upon by the Buyer and agree to indemnify and hold the Buyer harmless from any loss or penalty incurred in reliance hereon. As such, under penalties of perjury, I swear and affirm that the following information is true and correct: SELLER: Seller's Legal Name: HEALTH CARE CENTER FOR THE HOMELESS, INC., a Florida Non - Profit Corporation Federal Identification No: 55 3 k8 5 o Zo Legal Description: Lot 3, ENTZMINGER FARMS ADDITION NO.2 and the West 50.00 feet of Lot 4, said West 50.00 feet being measured perpendicularly to the West line of Lot 4 as recorded in Plat Book 5, Page 9 of Public Records Seminole County, Florida. The above Seller is not a nonresident alien, a foreign corporation, foreign partnership, foreign trust, or foreign estate for purposes of U.S. income taxation as those terms are defined in the Code and Income Tax Regulations. Additionally, I authorize the submission of this Affidavit to the Internal Revenue Service if and when such submission is required. IN WITNESS WHEREOF, the undersigned has sworn to and executed this Non - Foreign Affidavit the date and year set out 'below. DATED: rp«,BrP n , zao I PAUL G. McGLONE, as President of HEALTH CARE CENTER FOR THE HOMELESS, INC. Page 1 of 2 STATE OF FLORIDA COUNTY OF 6>Am &E Sworn to and subscribed before me this VL day of December 2001, by PAUL G. McGLONE, as President of HEALTH CARE CENTER FOR THE HOMELESS, INC., whopersonally known to me, or o who has produced as identification, and who did take an oath. Matthew B. Horan MY COMMISSION * CC795190 EXPIRES December 4 2002 W- Page 2 of 2 ?- (Y4,07— ♦ J CLOSING STATEMENT SELLER: HEALTH CARE CENTER FOR THE HOMELESS, INC., a Non - Profit Corporation. BUYER: THE CITY OF WINTER SPRINGS, a Florida municipality LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A" CLOSING AGENT: BROWN, WARD, SALZMAN & WEISS, P.A. DATE: December 19, 2001 DESCRIPTION PAYABLE TO SELLER'S BUYER'S EXPENSES EXPENSES SALES PRICE per Pinel & Carpenter Appraisal HCCH 265,000.00 dated October 29, 2001 HCCH Reimbursement per Settlement HCCH 35,000.00 Agreement dated August 3, 2001 LESS ESCROW DEPOSIT N/A -0- TITLE SEARCH AND EXAMINATION FEE Old Republic $ 85.00 FOR TITLE COMMITMENT Title OWNER'S TITLE INSURANCE POLICY TO Old Republic $1,400.00 City of Winter Springs Title REAL ESTATE TAXES Tax Collector 1,375.83 46.77 Year 2001 - Due by Seller ($1,422.60) STAMPS ON DEED @ $.70 PER $100 Seminole 1,855.00 County RECORD DEED Seminole $10.50 County TOTAL EXPENSES 1,375.83 303,397.27 TOTAL DUE SELLER AFTER EXPENSES 1 1 $298,624.17 HEALTH CARE CENTER FOR THE HOMELESS, INC., a Florida Non - Profit Corporation el By: c� Paul G. McGlone Its: President CITY OF WINTER SPRINGS, a Florida municipality, Buyer Ronald W. McLemore Its: City Manager EXHIBIT "A" TO CLOSING STATEMENT LEGAL DESCRIPTION Lot 3, ENUMINGER FARMS ADDITION NO. 2 and the West 50.00 feet of Lot 4, said West 50.00 feet being measured perpendicularly to the West line of Lot 4 as recorded in Plat Book 5, Page 9 of Public Records Seminole County, Florida. Owner's Policy American Land Title Association Owner's Policy 10 -17 -92 with Florida modifications Policy Number SDC 419945 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title, 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. Issued through the Office of: Brown, Ward, Salzman & Weiss, P.A. P. 0. Box 2873 Orl W o, Florida 32802 Authorized Signatory (407) 425 -9566 ORT Form 331 ALTA Owner's Policy 10 -17 -92 with Florida modifications OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 h512) 371 -1111 By Attest c President Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which may arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or creating subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment of lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. !b) "insured claimant ": an insured claiming loss or damage. (c) "kn @wledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "Iand the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land'' does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d► In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5 Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured. claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations. 8. Apportionment. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Non- cumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully ccczer the loss of the insured claimant, the Company shall be subrogated to then` rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by the policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - Insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys fees only if the laws of the state in which the land is located permit a court to award attorneys fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. Liabililty Limited to this Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at its home office, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111. SCHEDULE A OWNER'S POLICY SCHEDULE A AGENT FILE NUMBER: ORT FILE NUMBER: 01081408 1. Policy Date: January 18, 2002, at 9:40 a.m. POLICY NUMBER: SDC 419945 AMOUNT: $ 265,000.00 2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: The City of Winter Springs, Florida 3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and described as follows: Lot 3, ENTZMINGER FARMS ADDITION NO. 2 and the West 50.00 feet of Lot 4, said West 50.00 feet being measured perpendicularly to the West line of Lot 4 as recorded in Plat Book 5, Page 9 of Public Records Seminole County, Florida. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. SCHEDULE B -PART I AGENT FILE NUMBER: ORT FILE NUMBER: 01081408 POLICY NUMBER: SDC 419945 This policy does not insure against loss or damage by reason of the following: 1. General or special taxes and /or assessments required to be paid in the year 2002 and subsequent years. 2. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands and lands accreted to such lands. 3. State road reservations, if any. 4. Oil, gas and mineral right reservations, if any. 5. General or special taxes and assessments required to be paid in the year 2002 and subsequent years. No(s).:34- 20- 30 -5AW- 0000 -0030 6. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charge for service by any water, sewer or gas system supplying the insured land. 7. Easement filed in O.R. Book 972, Page 1552, Public Records of Seminole County, Florida. 8. Ordinance filed in O.R. Book 1204, Page 1213, Public Records of Seminole County, Florida. 9. Ordinance filed in O.R. Book 1857 -457, Public Records of Seminole County, Florida. 10. Easements or claims of easements not shown by the public records. c: \Job\ 9Zxxx \dgrA -.dgn LEGAL DESCRIPTION: SURVEYOR'S REPORT: SYMBOLS AND ABBREVIATIONS LOT 3, ENTZM/NGER FARMS ADDITION No. 2 AND THE WEST 50.00 1. THE SURVEY WAS DONE WITHOUT THE BENEFIT OF TITLE COMMITMENT. THE SURVEYOR (D) DESCRIBED P.B. PLAT BOOK 0 RECOVERED PROPERTY CORNER AS NOTED FEET OF LOT 4, SAID WEST 50.00 FEET BEING MEASURED HAS NOT ABSTRACTED THE LANDS SHOWN HEREON FOR EASEMENTS OR RIGHTS-OF-WAY, (C) CALCULATED PG. PAGE PERPENDICULARLY TO THE WEST LINE OF LOT 4 AS RECORDED RECORDED OR UNRECORDED. (F) FIELD MEASUREMENT P.L.S. PROFESSIONAL LAND SURVEYOR O WELL /PUMP IN PLAT BOOK 5, PAGE 9 OF PUBLIC RECORDS SEMINOLE COUNTY, 2. BEARINGS HEREON ARE BASED ON A PREVIOUS SURVEY DONE BY PETER JOHNSON, (P) RECORD PLAT P.C.P. PERMANENT CONTROL POINT FLORIDA. F.S.M. No. 5913 AND WAS PROVIDED BY THE CLIENT. B.0-R. BOTTOM OF BANK P.R.M. PERMANENT REFERENCE MONUMENT b TRAFFIC SIGN BEARING OF THE NORTH LINE OF LOT 3 BEING S75 °4725 "E. BT BURIED TELEPHONE P.O.L. POINT ON LINE 3. ONLY ABOVE GROUND IMPROVEMENTS AND VISIBLE UTILITIES HAVE BEEN LOCATED. BWF BARB WIRE FENCE P -K PARKER KALON CABLE TV BOX FNC FENCE PP POWER POLE UNDERGROUND IMPROVEMENTS SUCH AS FOUNDATIONS AND UTILITIES WERE NOT LOCATED C/L CENTERLINE P/L PROPERTY LINE EXCEPT AS SHOWN. C/G CURB AND GUTTER REC. RECOVERED UTILITY SERVICE BOX 4. THE SUBJECT PROPERTY SHOWN LIES IN ZONE "X ", "AREAS DETERMINED TO BE OUTSIDE C.M. CONCRETE MONUMENT R/W RIGHT OF WAY 500 -YEAR FLOOD PLAIN.". ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY, CB CATCH BASIN SAN SANITARY UNDERGROUND TELEPHONE MARKER FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 12117C 0135 E, DATED: APRIL 17, 1995 Cl CURB INLET STS STORM SEWER 5. THE WETLAND FLAGS ON THE SUBJECT PROPERTY WERE DESIGNATED BY BOOKER -GREY CLF CHAIN LINK FENCE (TYP) TYPICAL -4mw MULTI- COLUMN SIGN ENVIRONMENTAL INC. AND FIELD LOCATED BY LOCHRANE ENGINEERING ON MAY 12TH, 2000 CONC. CONCRETE T.O.B. TOP OF BANK 6. ELEVATION SHOWN HEREON BASED ON FLORIDA DEPARTMENT OF TRANSPORTATION D.I.P. DUCTILE IRON PIPE P.C. PO /NT OF CURVATURE O-- GUY POLE 4 "X4" CONCRETE MONUMENT BENCH MARK #39, LOCATED 365 FEET PLUS /MINUS EAST OF E/P EDGE OF PAVEMENT P.T. POINT OF TANGENCY THE CENTERUNE OF SHERRY AVENUE, 68.70 FEET PLUS /MINUS NORTH OF OF THE F.D.O.T.FLORIDA DEPARTMENT OF TRANSPORTATION R RADIUS MANHOLE f AS NOTED) C( NORTH EDGE OF PAVEMENT OF STATE ROAD 419. ELEVATION = 39.203' F.P.C. FLORIDA POWER CORPORATION 1�ls DELTA ( CENTRAL ANGLE) E -- GUY WIRE ANCHOR 26.75' `\ IR.&C. IRON ROD AND CAP L ARC LENGTH 7. THE LIMITS OF THE TOPOGRAPHIC AND TREE SURVEY ARE OUTSIDE THE WETLAND AREA UTILITY Y POLE -- - -- INV. INVERT 1 T f REC.5 /8 "IR &C �� OF THE SUBJECT PROPERTY T TANGENT LENGTH 0 20 40 80 �` LS LICENSED SURVEYOR NO ID. 8. THE SUBJECT PROPERTY CONTAINS 7.75 ACRES MORE OR LESS C.B. CHORD BEARING WOODS LINE 0.5'S, 0.6'E LB. UCENSED BUSINESS I 40 REC. 4"X4" C_� L.B. H //j/E \' OHW OVERHEAD RECORD BOOK CH. CHORD LENGTH WE-) WETLAND FLAG LINE POINT 03 s TREE (AS DEFINED) WM WATER MAIN LS 2205 F �0� 3 ` WATER VALVE OAK TREE �l FIRE HYDRANT ,/ ST5 �72r� „ ``` �� ✓ PINE TREE UNLESS OTHERWISE NOTED ELECTRIC TRANSFORMER DiTfm WATER METER TUC ELECTRIC ACCESS BOX PALM TREE LOT 4 � / � i4 SS��F) \\ 17CC TELEPHONE ACCESS BOX �Nol OPEN' REC. l" IRON PIPE W /CAP 255' "LS 2005" P.R.M. ON THE NORTH BOUNDARY L /NE OF ENTZMINGER FARMS ADDITION No. 2 FND. 4"X4" C.M., NO I.D. LOT 3 QP / � N�P� 0 • P�Q�P rn APP P P r 0 Ui 7 -I r Z m LOT 2 3 0 r 0 -p o w 0 0' 00 �n `•"` EN TZM INGER ` -ARMS ADDITION No. 2 �► I v o REMAINDER LOT 4 x P. B. 5, Pg. �? 0 � w co (j) �_n o L31 CT) o 'tY T K Y K Rl CID ul L� LOT 7q typi'�a� CSC K _ %, ' r �- 15• W 12' AURFI_ OAK 15' LIVI OAK, i7' TWIN RAPS r�� MIrS Of t 17 7 E AK _ Si fL MIXlND - -+� fE'S I OUR LL -OAK - 12' 1' WA T rl, LIVE OAK - /0, 2" 2 )1. RAY 9 RAW 6 \ OnK � �� ,A 1 U S ' I 12' MAPLE �1 WATI H AK r �� �CJ 1) 7' RAY J- R" MAPLE 17.5 _ - 0 1 N "� �i 101" MAPLE 4 6' MAI'LF \ , n i M9e E (lfl IURKEY OAK )6" MAPLE 1M;.._- 12' B �" WWWJ tY. - - ri t3, ....... �.,� OAK REI t2 I IV[ 0 14" r !957 _ h' LAu 16" MAP _ OAK APLE -1o'_ MAPLF� -1 E �- - �C 2L TWIN MAPI E �} tr 12' LAUREL (l , -? �- i 10" t AURE d 10' I M)RE_L � � 17 �� `� -�_ i 1 9. OAK \ -1 � � .,,L - .......� r� 17' LIVE OAK � 1�\t� B. ...- _..� -- ._.ter' 1 M1' I AI IREL OAK \.._.._ 11 12 L � ta• �Si7REE pnK � � � � ti i 6" I ALIR _ ___ @' MAPLE�J FENCE CORNER OFFSET -- 13 II __ �3 t0" M P " 0.8' W OF P /L; z -- q' MAP E lo' 12 WATER OAK �� ' t WAIT II R �itlE� 7' 0. _3 S, 0.3 W OF I.R. &C. _- _ � 11 ?j 1M' IA' MAPL - ' 18 &13 - - - - - -! , ,'„��_._. -- - III, APLE TWIN MAP[ REC. 5/8" IR &C ti t �, 4 s X15" G.D. HUNT q TWIN OAK \ N 01 11' ` R" MAPL 7" TWIN TLS 3237„ �� --to, B" wn E R OAK �n wit 5' 1 ' R. t0' --1 q' TAURLI OAK q'- 7`�iaT7- IT tJ 0.5 WEST OF P/L W} l R ({AK 1 _ _ `y _/ I <X� 8' WATER _..J oA I U O � - -I' TWIN ]l' AK `� _. 1� �6" MAPL 1 �, < '-J q•Vl �' �l O rn 2b n R' M PLI- J i Ci rn rn l5" t t l _ L \i 6 -- n E 24.1 WATER1 Q K M I f_ / I �raC MAPLE GUY STORY , a P 2 7•� . to ! 7.75 AC 1 - t2 <L M 610 E� , R V STORAGE 7_I 217. A lrF q' I AT) 0 RLKY 1\t\\ Off\ y� 1@' 7' APLE 12" q J IT. \ _265 '4 16.5, MAPLt � t • t 1 • � � WooR � 5.5 _- _- PP� I. � _ 1e• TWIN -.,., - �` . WIU OW OAK Z7 6 MnPI I • 10" _ srMRy �- 12' UM e" B s ALU fNG � 15' /' CAMPHOR 13(11 LO 1 ";�, 9" I_nL - L L o <1-JF < MAPLE �.J t3`/. MAPIF 10 �Onl�,. Bl - R' +faU F r L� o ` 1 to' MAPII l -. _ -_- - -- - 28 OAK e 6• APILE - - -- A_TTWINnK MAPLE 29 -��' i�b1;7 n r J -0, \ O 17C - SC MA r'� 12� .- J -p 16.3 J 10' q &1iTWW 11�cAMPHBR �5 � � 1 • - - N PLS NO -- 7' MAPL 3� I� 0j RAIN IRFF x _ .3 /�J �v mil_ _ __ 11 • J 1 � ..,� 7111 I 'Rll' TWIN y rarf ? P FENCE CORNER 10' MAPI1 61 MAPtF E i q" 9MA I - 14" MAPI (RA- �2.6'N, 3 -- �. ANCHOR '�FJ ��� 1 _1 -- - -- - - s� �l rte _ 5�nt wi fwr i� � �" � - R 1e„ ANCHOR _ - 14' 12' �� -�i 47' T N x q" MA LE '+�� 11' MAPLE 17 , � q q6 �A.q _ 32.9gK� i ps� \J ,1.� / 12. R' MAPLE - REC. 1/2" IR &C - {. ft 12' 90. % _ -_ 11• tWlr �po B' &19" MAP 1 ?' MAPIf ✓ TWIN tt z _ , f9' PP P.S M. 32rq•�1 �' a �' _ t3• l� to °., o7w- -- ( ) - 39.p6" C J � MAPLES TWIN �� 9" MAP f ' �t .J�7 i 11 1 BERRY 13' 1 Ll" 17 1 j j 3 9� 111J1 R' Md. FLAPLE 10 API f m x: � _ - WOO, _ 1 t0' r� -- -k t 9•- _ MAPLE 6' MAPLE - 0 �P 5� R'{y 8 APL I-. 0' 'j% -� .� �� L��x \S t ER 6�CHI �t2' �i 6'.AMPHOR FENCE CORNER Ao CAMPHOR 22.2'S, 2.4'E - �s yQ �� _ ` 1 8 s° nTE R 5� <7�0 I� RFRRY - OAK SURVEYORS CERTIFICATION: _ , 33 �� - E/P \ ., niry 073 CERTIFIED T0: -- P �� 1h e Fro �� s � ( WOK Y REALVEST PARTNERS INC., 335 R SOUTH $(F�,- 14• won' wo CATHOLIC DIOCESE OF ORLANDO, = S� S MACAIONE GROUP, INC. _ _ - CITY OF WINTER SPRINGS 0 �i1 /_ s3 3�s sou PP g REC. 4"X4" C.M. NE O 14 WITH 3/8" IRON OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY LD ��x - = _ 5 as j 1a FLY >� '7 POD, NO ID. FENCE END / - 'fir• JiAy._.- _- -- - - -- J3 13 -- CHINA BERRY -r �/1NCHORS w BROWN, WARD, SALZMAN & WEISS, P.A. 8.1 OFFSE, ANF _ - Q s3 SOUTH OF P/L - wool) i 0�/ /ED �3��- �€ LOCHRANE ENGINEERING, INC. - I � 0 3 RO - %P ��' L. B. No. 2856 FENCE END -- 19.6' OFFSET R��✓ i} �7 FENCE END IO' - 7-' .2DO� SOUTH OF P/L 1.5'OFFSET GARY )CHE, P.S.M. No. 6306 DATE SOUTH OF P/L }' �� Al - NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SHEET BOUNDARY AND OF Consulting Engineers - Surveyors TOPOGRAPHIC Orlando • Gclnesvl/le SURVEY 201 SOUTH BUMBY AVF -NUF-. ORLANDO, FLORIDA 32803 PH,,(407)F%_ -33L7 FAx (4007,1696 -9167 RESI I T E CEN TER FOR IVIA CA IONS GROUP INC. O cn O � 30 I co � Z n y O 2 R1 to \ O PROD. rv0. 00062.10 DATE SURVEYED 07 -28 -2000 DATE DRAWN 08 -02 -2000 DRAWN BY P.C.H. CKD. G.R.R. SCALE P s 4(Y FIELD BOOK 00-(8 BROWN, WARD, SALZMAN & WEISS, P.A. ATTORNEYS AT LAW Usher L. Brown • Suzanne D'Agresta Anthony A. Garganese° Gary S. Salzman* John H. Ward • Jeffrey S. Weiss Debra S. Babb Jeffrey P. Buak Alfred Truesdell Joseph E. Blitch Scott D. Danahy Brett A. Marlowe Cheyenne R. Young * Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certified City, County & Local Government Law May 22, 2002 Andrea Lorenzo - Luaces, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Two Landmark Center 225 East Robinson Street, Suite 660 Post Office Box 2873 Orlando, FL 32802 -2873 (407) 425 -9566 (407) 425 -9596 FAX Email: agarganese @orlandolaw.net Website: www.orlandolaw.net Cocoa: 866 - 425 -9566 Re: Health Care Center for the Homeless ("HCCH") to City of Winter Springs City of Winter Springs - General #1193 Dear Andrea: With respect to the aforementioned closing, please find enclosed the following: 1. An original Owner's Title Policy 2. A recorded copy of the Special Warranty Deed conveying the property from HCCH to the City of Winter Springs 3. Non - Foreign Affidavit 4. Closing Statement 5. Boundary and Topographic Survey . • r Andrea Lorenzo - Luaces, City Clerk City of Winter Springs May 22, 2002 Page 2 These original documents are being forwarded to you for safekeeping. Should you have any questions, please do not hesitate to contact my office. AAG.jf Enclosures HCCH Closing Documents Si rely, Anthony A. Garganese City Attorney