HomeMy WebLinkAboutSt. Johns River Water Management District Solary Canal - 2010 01 07 APR 1 2 2O1a
BROWN, GARGANESE WEISS & D'AGRESTA P.A
Attorneys at Law
Debra S. Babb - Nutcher Offices in Orlando, Tara L. Barrett
Joseph E. Blitch Ft. Lauderdale & Tampa Vivian P. Cocotas
Usher L. Brown* Robin Gibson Drage
Suzanne D'Agresta° Gregg A. Johnson
Anthony A. Garganese° Kimberly R. Kopp
William E. Reischmann, Jr. Katherine W. Latorre
J.W. Taylor Bridgette M. Miller
Jeffrey S. Weiss Alfred Truesdell
Gary M. Glassman
Board Certified Civil Trial Lawyer Erin J. O'Leary'
"Board Certified City, County . Local Government Law Amy J. Pitsch
4 2cE.ro Canifed Appellate Practic., Catherine D. Reischmann"
Of Counsel
April 8, 2010
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
Re: Quit Claim Deed - St. Johns River Water Management District to City of Winter
Springs "Solary Canal"
Dear Andrea:
Enclosed for safekeeping is the original recorded Quit -Claim Deed between St. Johns River
Water Management District and the City.
Please give me a call if you have any questions.
Sincer- ,
/40.
Anthony A. Garganese
City Attorney
AAG:jI
enclosure
111 N. Orange Ave, Suite 2000 • P.O. Box 2873 •Orlando, Florida 32802 -2873
Orlando (407) 425 -9566 Fax (407) 425 -9596 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 • Ft. Lauderdale (954) 670 -1979
Website: www.orlandolaw.net • Email: firm @orlandolaw.net
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BK OM57 Nps 046^ - 464; (4 ;>4s)
CLERK'S # 201 003601
THIS INSTRUMENT PREPARED BY WCORD1:U O;i/31/i'010 linflf04 $
AND SHOULD BE RETURNED TO: Ri11/1181N8 Ft:1 :1i 34.50
Donald F. Wright, Esquire Rl111140ti0 1JY r Eel(eitrOth (aI1)
Wright, Fulford, Moorhead & Brown, P.A.
145 North Magnolia Avenue
Orlando, Florida 32802
QUIT -CLAIM DEED
10
• THIS QUIT -CLAIM DEED, executed th is'? day of 5n>nua■ y , 200ff, by ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373
of the Florida Statutes, whose mailing address is 4049 Reid Street, Palatka, Florida 32177
( "Grantor") to the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose mailing
address is 1126 East State Road 434, Winter Springs, Florida 32708 ( "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)
st WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00, in hand
paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release
and quit -claim unto the Grantee forever, all the right, title, interest, claim and demand which the
° 1 Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being
d in the County of Seminole, State of Florida, ( "the Property")to -wit:
\ Q
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE
rni MADE A PART HEREOF.
X
`n GRANTOR represents that Grantor has never resided on the above-described and such property
property does not now, nor has it ever, constituted the constitutional homestead of the
Grantor.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien,
equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use,
benefit and behoof of the Grantee forever.
THIS INSTRUMENT IS EXEMPT FROM STATE DOCUMENTARY STAMP TAX
PURSUANT TO SECTION 12B- 4.014(11) F.A.C. AND SECTION 201.02(6) F.S.
THIS DEED IS GIVEN TO GRANTEE BY GRANTOR SUBJECT TO THE FOLLOWING
SPECIFIC RESTRICTIONS, RESERVATIONS AND CONDITIONS:
1. The Property shall be primarily used for stormwater management and water
quality improvement ( "Primary Use "). Grantee may also use the Property for passive, resource -
-based public recreation that is compatible with, and secondary to, the Primary Use. The District
must approve the site plan for any such secondary use to determine consistency with the
restrictions, reservations, and conditions of this Deed. During the time period that Grantor
maintains a reversionary interest in the Property pursuant to the terms and conditions of this
Deed, the Grantee shall not sell, convey or otherwise transfer the Property without the express
written approval of Grantor.
2. In the event the Grantee fails to complete the design, permitting and construction
of a stormwater management and water quality improvement facility upon the Property by the
completion date set forth in Paragraph 2 of the "Agreement Between The St. Johns River Water
Management District and City of Winter Springs For MSJRB Solary Canal Regional Stormwater
Treatment Facility," dated ., then the Grantor shall have the option to require the
Grantee to transfer ownership of the Property to the Grantor. The Grantor shall provide written
notice to the Grantee of its exercise of this reverters option. If the Grantor chooses to exercise
the reverter, then the Grantee shall immediately provide a quit -claim deed conveying fee simple
title to the Property to the Grantor. The reverter option contained in this paragraph 2 shall
automatically terminate at such time the stormwater management and water quality
improvement facility is completed by the completion date.
3. If, at any time after completion of the construction thereof, the Grantee fails to
actively operate the stormwater management and water quality improvement facility constructed
on the Property, then the Grantor shall have the same reverter option specified in paragraph 2,
above. However, before Grantor can exercise the reverter option, Grantor shall provide
Grantee with written notice detailing the manner in which Grantee has failed to actively operate
the stormwater management and water quality improvement facility. Upon receipt of the written
notice, Grantee shall have an opportunity to contest or cure the failure for a period of thirty (30)
days from the date of receipt unless the parties mutually agree on a longer cure period. For
purposes of this paragraph, "actively operate" means that the facility is functioning as designed
and is being used for its intended purpose.
4. In lieu of the reverter option specific in paragraph 2 and 3, the Grantor may
require that the Grantee reimburse the Grantor the lesser amount of either: (A) the full amount
of the $1,820,000 cost to Grantor of the Property, plus legal interest from the date of this
conveyance (not to exceed 5% per annum); or (B) the appraised value of the Property, if after
an environmental site assessment and any necessary subsequent environmental evaluation, it
is determined that Grantee has caused to be created on the Property a liability as a result of the
deposition of hazardous materials or hazardous waste, as defined under the laws of the United
States and the state of Florida, which require remediation. The appraisal shall be conducted by
a mutually acceptable real property appraiser duly licensed in the State of Florida and in a
manner consistent with the Grantor's then existing written real property appraisal standards. In
the alternative, Grantee may, at its sole discretion, elect to fully remediate any such
environmental contamination at its expense before the Property is conveyed to the Grantor.
5. If the Grantee fails to provide the Grantor with a deed as stated in Paragraph 2
above, upon the recordation of an Affidavit by the Grantor certifying that the conditions
precedent specified in either paragraph 2 or 3 above, including that the Grantor provided the
Grantee with written notice, have occurred, then title to the Property shall automatically revert to
the Grantor or its successor organization.
6. Nothing herein shall be construed to prohibit the Grantor and Grantee from
negotiating, for good and valuable consideration, a written and recorded release of the reverter
options set forth in paragraph 2 or 3 above before the reverter options terminate.
IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day
and year first above written.
ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT
k • �
ATTEST: SAN N. HUGHES, AAIRWOMAN
OP
IN (SEAL)
J — \�../�tab&.■
HERSEY " FFMA TARY
STATE OF FLORIDA
COUNTY OF PA,-I1oAin
PERSONALLY APPEARED, before me the undersigned authority, Susan N. Hughes,
personally known to me and known to me to be the Chairwoman of the Governing Board of the
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, and acknowledged before me that he
executed the foregoing document on behalf of the Goveming Board of the ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, as its true act and deed and that he was authorized to do
so.
WITNESS my hand and official seal in the State and County last aforesaid this $1
day of' cexy■fatr , 2009.
c Y e ut Sandra L. Bertram NOTARY PUBLIC Q .-
Commission # DD480525 Print Name: 5a.rydrar L &dram
Expires January 29, 2010
- car ng brat ? Pam •Inewenes IPA K0407011
i
STATE OF FLORIDA
COUNTY OF V'Q kuS i 0.
PERSONALLY APPEARED, before me the undersigned authority, Hersey "Herky"
Huffman, personally known to me and known to me to be the Secretary of the Governing Board
of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, and acknowledged before me
that he executed the foregoing document on behalf of the Governing Board of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT, as its true act and deed and that he was authorized
to do so.
WITNESS my hand and official seal in the State and County last aforesaid this t
day of e P.ern,be r , 2009.
d,._,60,60,A,„..)..r.
„ „ -- __ _` _ _____ NOTARY PUBLIC
lEOTAD.INUxINeaN Print Name: i - sofa - nId; l ki visor)
*; • .+ MY COMMISSION k DO 893473
Vii• -;. „: 1 EXPIRES: July 21, 2013
,/� �,; Bonded Thru Notary Public Underwriters
CONSENT OF GRANTEE
CITY OF WINTER SPRINGS, FLORIDA
City of Winter Springs, Florida, Grantee of the above Quit Claim Deed from the St. Johns River
Water Management District, does hereby consent to the Restrictions, Reservations and Conditions,
imposed therein and agrees to the terms thereof. ”' `
+
. },` ■,,
CITY COMMISSIONERS -- - .....
,-, ^' "`���'•�`, > . ,
CITY OF WINTER SPRINGt° F ' F4 A F ID � %.''' _ + 1.,
.0. : • x
INT NAME: John F. . ` ' . *•-• . `` " i
Attest: 201 I i .� ° °. ,, f. } a „ J
Q� A. VP by ti
Date: January 7 , 1
a
Eli: ',AO” i k t .'•
e k • the City of Winter Springs
City Commissioners
•
EXHIBIT "A"
Parcel 1:
The NW '/4 of the NW 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, less the South 340 feet of the East 660 feet thereof and less the South 564.64 feet of the
west 659.60 feet thereof and less road right -of -way.
Parcel 2:
The South 564.64 feet of the West 659.60 feet of the following property:
The NW 1/4 of the NW '/4 of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, Less the South 340 feet of the East 660 feet thereof and right -of -way record.
•
APR1
BROWN, GARGANESE A�°�
, WEISS & D � ' `Y CLER
Attorneys at Law
Debra S. Babb- Nutcher Offices m Orlando, Tara L. Barrett
Joseph E. Blitch Ft. Lauderdale & Tampa Vivian P. Cocotas
Usher L. Brown' Robin Gibson Drage
Suzanne D'Agresta° Gregg A. Johnson
Anthony A. Garganese° Kimberly R. Kopp
William E. Reischmann, Jr. Katherine W. Latorre°
J.W. Taylor Bridgette M. Miller
Jeffrey S. Weiss Alfred Truesdell
Gary M. Glassman
Board Certified Civil Trial Lawyer Erin J. O'Leary'
° Board Certified City, County & Local Government Law Amy J. Pitsch
'Board Certified Appellate Practice Catherine D. Reischmann°
Of Counsel
April 14, 2010
Andrea Lorenzo - Luaces, City Clerk
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
Re: St. Johns River Water Management District to City of Winter Springs "Solary
Canal"
Dear Andrea:
Enclosed for safekeeping is the original Owner's Title Policy and original Closing Statement
between St. Johns River Water Management District and the City. Please keep these documents
together with the original Quit Claim Deed that was sent to you last week.
Please give me a call if you have any questions.
Sincer- ,
4
Anthony A. Garganese
City Attorney
AAG:jl
enclosure
111 N. Orange Ave, Suite 2000 • P.O. Box 2873 • Orlando, Florida 32802 -2873
Orlando (407) 425 -9566 Fax (407) 425 -9596 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566 • Ft. Lauderdale (954) 670 -1979
Website: www.orlandolaw.net • Email: firm @orlandolaw.net
Aar
Owner's Policy
American Land Title Association Owner's Policy 10 -17 -92
with Florida modifications
Policy Number SDC- 08051352
File Number: 09124727 JAR
cit *
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 hereunto 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. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Policy Issuer: A Stock Company
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 400 Second Avenue South, Minneapolis, Minnesota 55401
111 N ORANGE AVENUE, #2000
ORLANDO, FL 32802 -2873 (612) 371 -1111
PHONE: 407-425-9566
By President
th Signatory n
OBT Form 331 - ALTA Owner's Policy 10 -1792 e
with Florida modifications Attest ( �� Secretary
_
EXCLUSIONS FROM COVERAGE by reason of the public records as defined in this policy or any other
records which impart constructive notice of matters affecting the land.
The following matters are expressly excluded from the coverage (d) "land ": the land described or referred to in Schedule A, and
of this policy and the Company will not pay loss or damage, costs, improvements affixed thereto which by law constitute real property.
attorneys' fees or expenses which arise by reason of: The term "land" does not include any property beyond the lines of
1. (a) Any law, ordinance or governmental regulation (including, but the area described or referred to in Schedule A, nor any
not limited to, building and zoning laws, ordinances, or regulations) right, title, interest, estate or easement in abutting streets, roads,
restricting, regulating, prohibiting or relating to (i) the occupancy, avenues, alleys, lanes, ways or waterways, but nothing herein shall
use, or enjoyment of the land; (ii) the character, dimensions or modify or limit the extent to which a right of access to and from the
location of any improvement now or hereafter erected on the land; land is insured by this policy.
(iii) a separation in ownership or a change in the dimensions or area (e) "mortgage ": mortgage, deed of trust, trust deed, or other
of the and or any parcel of which the land is or was a part; or (iv) security instrument.
environmental protection, or the effect of any violation of these laws, (f) "public records ": records established under state statutes at
ordinances or governmental regulations, except to the extent that a Date of Policy for the purpose of imparting constructive notice of
notice of the enforcement thereof or a notice of a defect, lien or matters relating to real property to purchasers for value and without
encumbrance resulting from a violation or alleged violation affecting knowledge. With respect to Section 1(a)(iv) of the Exclusions from
the land has been recorded in the public records at Date of Policy. Coverage, "public records" shall also include environmental protection
(b) Any governmental police power not excluded by (a) above, liens filed in the records of the clerk of the United States District
except to the extent that a notice of the exercise thereof or a notice Court for the district in which the and is located.
of a defect, lien or encumbrance resulting from a violation or alleged (g) "unmarketability of the title ": an alleged or apparent matter
violation affecting the land has been recorded in the public records affecting the title to the land, not excluded or excepted from
at Date of Policy. coverage, which would entitle a purchaser of the estate or interest
2. Rights of eminent domain unless notice of the exercise thereof described in Schedule A to be released from the obligation to
has been recorded in the public records at Date of Policy, but not purchase by virtue of a contractual condition requiring the delivery of
excluding from coverage any taking which has occurred prior to Date marketable title.
of Policy which would be binding on the rights of a purchaser for
value without knowledge. 2. Continuation of Insurance After Conveyance of Title.
3. Defects, liens, encumbrances, adverse claims, or other matters: The coverage of this policy shall continue in force as of Date of
(a) created, suffered, assumed or agreed to by the insured Policy in favor of an insured only so long as the insured retains an
claimant; estate or interest in the land, or holds an indebtedness secured by a
(b) not known to the Company, not recorded in the public purchase money mortgage given by a purchaser from the insured, or
records at Date of Policy, but known to the insured claimant and not only so long as the insured shall have liability by reason of covenants
disclosed in writing to the Company by the insured claimant prior to of warranty made by the insured in any transfer or conveyance of the
the date the insured claimant became an insured under this policy; estate or interest. This policy shall not continue in force in favor of
(c) resulting in no loss or damage to the insured claimant; any purchaser from the insured of either (i) an estate or interest in
(d) attaching or created subsequent to Date of Policy; or the land, or (ii) an indebtedness secured by a purchase money
(e) resulting in loss or damage which would not have been mortgage given to the insured.
sustained if the insured claimant had paid value for the estate or
interest insured by this policy. 3. Notice of Claim to be Given by Insured Claimant.
4. Any claim, which arises out of the transaction vesting in the The insured shall notify the Company promptly in writing (1) in
insured the estate or interest insured by this policy, by reason of the case of any litigation as set forth in Section 4(a) below, (ii) in case
operation of federal bankruptcy, state insolvency, or similar creditors' knowledge shall come to an insured hereunder of any claim of title or
rights laws, that is based on: interest which is adverse to the title to the estate or interest, as
(a) the transaction creating the estate or interest insured by this insured, and which might cause loss or damage for which the
policy being deemed a fraudulent conveyance or fraudulent transfer; or Company may be liable by virtue of this policy, or (iii) if title to the
(b) the transaction creating the estate or interest insured by this estate or interest, as insured, is rejected as unmarketable. If prompt
policy being deemed a preferential transfer except where the notice shall not be given to the Company, then as to the insured all
preferential transfer results from the failure: liability of the Company shall terminate with regard to the matter or
)i) to timely record the instrument of transfer; or matters for which prompt notice is required; provided, however, that
(ii) of such recordation to impart notice to a purchaser for failure to notify the Company shall in no case prejudice the rights of
value or a judgment or lien creditor. any insured under this policy unless the Company shall be prejudiced
CONDITIONS AND STIPULATIONS by the failure and then only to the extent of the prejudice.
1. Definition of Terms. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to
The following terms when used in this policy mean: Cooperate.
(a) "insured ": the insured named in Schedule A, and, subject to (a) Upon written request by the insured and subject to the
any rights or defenses the Company would have had against the options contained in Section 6 of these Conditions and Stipulations,
named insured, those who succeed to the interest of the named the Company, at its own cost and without unreasonable delay, shall
insured by operation of law as distinguished from purchase including, provide for the defense of an insured in litigation in which any third
but not limited to, heirs, distributees, devisees, survivors, personal party asserts a claim adverse to the title or interest as insured, but
representatives, next of kin, or corporate or fiduciary successors. only as to those stated causes of action alleging a defect, lien or
)b) "insured claimant ": an insured claiming loss or damage. encumbrance or other matter insured against by this policy. The
(c) "knowledge" or "known ": actual knowledge, not Company shall have the right to select counsel of its choice (subject
constructive knowledge or notice which may be imputed to an insured 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 and memoranda in the custody or control of a third party, which
Company will not pay any fees, costs or expenses incurred by the reasonably pertain to the loss or damage. All information designated
insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided to the Company
not insured against by this policy. pursuant to this Section shall not be disclosed to others unless, in
(b) The Company shall have the right, at its own cost, to the reasonable judgment of the Company, it is necessary in the
institute and prosecute any action or proceeding or to do any other administration of the claim. Failure of the insured claimant to submit
act which in its opinion may be necessary or desirable to establish for examination under oath, produce other reasonably requested
the title to the estate or interest, as insured, or to prevent or reduce information or grant permission to secure reasonably necessary
loss or damage to the insured. The Company may take any information from third parties as required in this paragraph shall
appropriate action under the terms of this policy, whether or not it terminate any liability of the Company under this policy as to that
shall be liable hereunder, and shall not thereby concede liability or claim.
waive any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently. 6. Options to Pay or Otherwise Settle Claims; Termination of
(c) Whenever the Company shall have brought an action or Liability.
interposed a defense as required or permitted by the provisions of In case of a claim under this policy, the Company shall have the
this policy, the Company may pursue any litigation to final following additional options:
determination by a court of competent jurisdiction and expressly (a) To Pay or Tender Payment of the Amount of Insurance.
reserves the right, in its sole discretion, to appeal from any adverse To pay or tender payment of the amount of insurance under this
judgment or order. policy, together with any costs, attorneys' fees and expenses incurred
(d) In all cases where this policy permits or requires the by the insured claimant, which were authorized by the Company, up to
Company to prosecute or provide for the defense of any action or the time of payment or tender of payment and which the Company is
proceeding, the insured shall secure to the Company the right to so obligated to pay.
prosecute or provide defense in the action or proceeding, and all Upon the exercise by the Company of this option, all liability and
appeals therein, and permit the Company to use, at its option, the obligations to the insured under this policy, other than to make the
name of the insured for this purpose. Whenever requested by the payment required, shall terminate, including any liability or obligation
Company, the insured, at the Company's expense, shall give the to defend, prosecute, or continue any litigation, and the policy shall be
Company all reasonable aid (i) in any action or proceeding, securing surrendered to the Company for cancellation.
evidence, obtaining witnesses, prosecuting or defending the action or (b) To Pay or Otherwise Settle With Parties Other Than the
proceeding, or effecting settlement, and (ii) in any other lawful act Insured or With the Insured Claimant.
which in the opinion of the Company may be necessary or desirable (i) to pay or otherwise settle with other parties for or in
to establish the title to the estate or interest as insured. If the the name of an insured claimant any claim insured against under this
Company is prejudiced by the failure of the insured to furnish the policy, together with any costs, attorneys' fees and expenses incurred
required cooperation, the Company's obligations to the insured under by the insured claimant which were authorized by the Company up to
the policy shall terminate, including any liability or obligation to the time of payment and which the Company is obligated to pay; or
defend, prosecute, or continue any litigation, with regard to the (ii) to pay or otherwise settle with the insured claimant
matter or matters requiring such cooperation. the loss or damage provided for under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant
5. Proof of Loss or Damage. which were authorized by the Company up to the time of payment
In addition to and after the notices required under Section 3 of and which the Company is obligated to pay.
these Conditions and Stipulations have been provided the Company, a Upon the exercise by the Company of either of the options
proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs (b)(i) or (ii), the Company's obligations to
shall be furnished to the Company within 90 days after the insured the insured under this policy for the claimed loss or damage, other
claimant shall ascertain the facts giving rise to the loss or damage. than the payments required to be made, shall terminate, including any
The proof of loss or damage shall describe the defect in, or lien or liability or obligation to defend, prosecute, or continue any litigation.
encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state, Determination, Extent of Liability and Coinsurance.
to the extent possible, the basis of calculating the amount of the loss This policy is a contract of indemnity against actual monetary
or damage. If the Company is prejudiced by the failure of the insured loss or damage sustained or incurred by the insured claimant who
claimant to provide the required proof of loss or damage, the has suffered loss or damage by reason of matters insured against by
Company's obligations to the insured under the policy shall terminate, this policy and only to the extent herein described.
including any liability or obligation to defend, prosecute, or continue (a) The liability of the Company under this policy shall not
any litigation, with regard to the matter or matters requiring such exceed the least of:
proof of lass or damage. (i) the Amount of Insurance stated in Schedule A; or,
In addition, the insured claimant may reasonably be required to (ii) the difference between the value of the insured estate
submit to examination under oath by any authorized representative of or interest as insured and the value of the insured estate or interest
the Company and shall produce for examination, inspection and subject to the defect, lien or encumbrance insured against by this
copying, at such reasonable times and places as may be designated policy.
by any authorized representative of the Company, all records, books, (b) The Company will pay only those costs, attorneys' fees and
ledgers, checks, correspondence and memoranda, whether bearing a expenses incurred in accordance with Section 4 of these Conditions and
date before or after Date of Policy, which reasonably pertain to the Stipulations.
loss or damage. Further, if requested by any authorized representative 8. Apportionment
of the Company, the insured claimant shall grant its permission, in If the land described in Schedule A consists of two or more
writing, for any authorized representative of the Company to examine, 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
inspect and copy all records, books, ledgers, checks, correspondence
•
computed and settled on a pro rata basis as if the amount of If a payment on account of a claim does not fully cover the loss
insurance under this policy was divided pro rata as to the value on of the insured claimant, the Company shall be subrogated to these
Date of Policy of each separate parcel to the whole, exclusive of any rights and remedies in the proportion which the Company's payment
improvements made subsequent to Date of Policy, unless a liability or bears to the whole amount of the loss.
value has otherwise been agreed upon as to each parcel by the If loss should result from any act of the insured claimant, as
Company and the insured at the time of the issuance of this policy stated above, that act shall not void this policy, but the Company, in
and shown by an express statement or by an endorsement attached that event, shall be required to pay only that part of any losses
to this policy. insured against by this policy which shall exceed the amount, if any,
lost to the Company by reason of the impairment by the insured claimant
9. Limitation of Liability. of the Company's right of subrogation.
(a) If the Company establishes the title, or removes the alleged (b) The Company's Rights Against Non - insured Obligors.
defect, lien or encumbrance, or cures the lack of a right of access to The Company's right of subrogation against non - insured obligors
or from the land, or cures the claim of unmarketability of title, all as shall exist and shall include, without limitation, the rights of the insured
insured, in a reasonably diligent manner by any method, including to indemnities, guaranties, other policies of insurance or bonds,
litigation and the completion of any appeals therefrom, it shall have notwithstanding any terms or conditions contained in those instruments
fully performed its obligations with respect to that matter and shall which provide for subrogation rights by reason of this policy.
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the 14. Arbitration.
Company or with the Company's consent, the Company shall have no Unless prohibited by applicable law, arbitration pursuant to
liability for loss or damage until there has been a final determination the Title Insurance Arbitration Rules of the American Arbitration
by a court of competent jurisdiction, and disposition of all appeals Association may be demanded if agreed to by both the Company
therefrom, adverse to the title as insured. and the insured. Arbitrable matters may include, but are not
(c) The Company shall not be liable for loss or damage to any limited to, any controversy or claim between the Company and
insured for liability voluntarily assumed by the insured in settling any the insured arising out of or relating to this policy, any service of
claim or suit without the prior written consent of the Company. the Company in connection with its issuance or the breach of a
policy provision or other obligation. Arbitration pursuant to this
10. Reduction of Insurance; Reduction or Termination of Liability. policy and under the Rules in effect on the date the demand for
All payments under this policy, except payments made for costs, arbitration is made or, at the option of the insured, the Rules in
attorneys' fees and expenses, shall reduce the amount of the effect at Date of Policy shall be binding upon the parties. The
insurance pro tanto. 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
11. Liability Non - cumulative. to a prevailing party. Judgment upon the award rendered by the
It is expressly understood that the amount of insurance under Arbitrator(s) may be entered in any court having jurisdiction
this policy shall be reduced by any amount the Company may pay thereof.
under any policy insuring a mortgage to which exception is taken in The law of the situs of the land shall apply to an
Schedule 3 or to which the insured has agreed, assumed, or taken arbitration under the Title Insurance Arbitration Rules.
subject, or which is hereafter executed by an insured and which is a A copy of the Rules may be obtained from the Company
charge or lien on the estate or interest described or referred to in upon request.
Schedule A, and the amount so paid shall be deemed a payment 15. Liability Limited to this Policy; Policy Entire Contract.
under this policy to the insured owner.
(a) This policy together with all endorsements, if any, attached
12. Payment of Loss. hereto by the Company is the entire policy and contract between the
(a) No payment shall be made without producing this policy insured and the Company. In interpreting any provision of this policy,
for endorsement of the payment unless the policy has been lost or this policy shall be construed as a whole.
destroyed, in which case proof of loss or destruction shall be (b) Any claim of loss or damage, whether or not based on
furnished to the satisfaction of the Company. negligence, and which arises out of the status of the title to the
(b) When liability and the extent of loss or damage has been estate or interest covered hereby or by any action asserting such
definitely fixed in accordance with these Conditions and Stipulations, claim, shall be restricted to this policy.
the loss or damage shall be payable within 30 days thereafter. (c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
13. Subrogation Upon Payment or Settlement. the President, a Vice President, the Secretary, an Assistant Secretary, or
(a) The Company's Right of Subrogation. Validating Officer or Authorized Signatory of the Company.
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company 16. Severability.
unaffected by any act of the insured claimant. In the event any provision of the policy is held invalid or
The Company shall be subrogated to and be entitled to all unenforceable under the applicable law, the policy shall be deemed not to
rights and remedies which the insured claimant would have had include that provision and all other provisions shall remain in full
against any person or property in respect to the claim had this policy force and effect.
not been issued. If requested by the Company, the insured claimant 17. Notices, Where Sent.
shall transfer to the Company all rights and remedies against any All notices required to be given the Company and any statement in
person or property necessary in order to perfect this right of writing required to be furnished the Company shall include the number of
subrogation. The insured claimant shall permit the Company to sue, this policy and shall be addressed to the Company at its home office,
compromise or settle in the name of the insured claimant and to use 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111.
the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
IA
* git
* SCHEDULE A
OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER: 1193 POLICY NUMBER: SDC- 08051352
ORT FILE NUMBER: 09124727 AMOUNT: $1,000,000.00
1. Policy Date: March 31, 2010 at 12:58 p.m.
2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
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:
See Exhibit "A"
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
EXHIBIT "A"
Parcel 1:
The NW 1/4 of the NW 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, less the South 340 feet of the East 660 feet thereof and less the South 564.64 feet of the
west 659.60 feet thereof and less road right -of -way.
Parcel 2:
The South 564.64 feet of the West 659.60 feet of the following property:
The NW 1/4 of the NW 1/4 of Section 3, Township 21 South, Range 31 East, Seminole County,
Florida, Less the South 340 feet of the East 660 feet thereof and right -of -way record.
.
SCHEDULE B
AGENT FILE NUMBER: 1193 POLICY NUMBER: SDC- 08051352
ORT FILE NUMBER: 09124727
This policy does not insure against loss or damage by reason of the following:
1. Easements or claims of easements not shown by the public records.
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 right 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 2010 and subsequent
years. Parcel ID No.: 03- 21 -31- 300 - 0080 -0000 and 03- 21 -31- 300 - 008E -0000
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. Right of way of canal or creek crossing the subject property.
8. Any encroachments depicted on the Boundary Survey prepared by Landtech Surveying & Mapping
Corporation, dated January 5, 2010.
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
111 N. Orange Ave., Ste. 2000
Orlando, FL 32801
CLOSING STATEMENT AND DISBURSEMENT SHEET
SELLER • ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
BUYER • THE CITY OF WINTER SPRINGS
PROPERTY
DESCRIPTION : 1900 DELEON STREET, WINTER SPRINGS, FL
CLOSING DATE : MARCH 31, 2010
CONTRACT • SJRWMD and CITY - CONTRACT #25463
PURCHASE PRICE: CREDIT SELLER CREDIT BUYER
Donation - no consideration $0.00
EXPENSES: CHARGE SELLER CHARGE BUYER
Recording Deed $35.50
Title Search $150.00
Owner's Title Insurance Premium $5,075.00
Survey POC
TOTAL $5,260.50
RECAPITULATION
Seller Buyer
Cash at Closing $0.00 Cash at Closing $0.00
Less: Expenses $0.00 Plus Expenses $5,260.50
TOTAL CASH DUE TOTAL CASH DUE
TO SELLER: $0.00 FROM BUYER: $5,260.50
APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET;
INSTRUCTIONS TO CLOSING AGENT
Buyer hereby acknowledges that they have read and approved the foregoing Closing Statement
and Disbursement Sheet and Recapitulation, agree that said documents accurately reflect the
substance of the financial aspects of the transaction contemplated by the Contract, and each
hereby approve and direct Closing Agent's disbursement of the proceeds and expenses of the
subject transaction in the manner, amounts and to the persons hereinabove set forth.
In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as
aforesaid, the Buyer understands and agrees that in the event that the actual expense is less than
the estimate, the Buyer will be refunded the difference between the estimate and the actual
expense and agree that if the actual expense is more than the estimate, the Buyer will required
to pay the actual expense over and above the estimate.
APPROVED BY BUYER:
CITY OF WINTER SPRINGS, FLORIDA
By:
K IN SMIT , City Ma ager
Date: t///)//, , 2010
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