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HomeMy WebLinkAboutRoy, Richard E. and Kathleen J. Settlement Agreement & Supporting Documentation IN THE CIRCUIT COURT OF THE 18THJUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NUMBER: 05-CA-1700-14-K RICHARD ROY and KATHLEEN ROY, Plaintiffs, V& SEVILLE CHASE HOMEOWNERS ASSOCIATION, INC.; FLORIDA POWER CORPORATION; and CITY OF WINTER SPRINGS, Defendants. SETTLEMENT AGREEMENT Pursuant to the mediation on January 24, 2007, the parties agree as follows: Plaintiffs Rick Roy, Kathleen Roy, Defendants Progress Energy d/b/a Florida Power ("Florida Power"), and City of Winter Springs agree as follows: 1- Seville Chase Homeowners Association will be dismissed. 2. In exchange for the real property conveyance from the City set forth in paragraph 3, the Roys will convey to the City of Winter Springs by special warranty deed the real property depicted in Green and marked A on the attached drawing. Said conveyance shall be free and clear of all encumbrances, mortgages, and liens. 3. In exchange for the real property conveyance from the Roys set forth in paragraph 2,thA City of Winter Springs shall convey to the Roys by special warranty deed the real property depicted in Blue and marked B (a triangle containing 1 Y2acres with the south and west legs being equal in length)on the attached drawing,and the City shall convey by special warranty deed the real property marked C and depicted in Red on the attached drawing. The real property marked as C shall contain a (IN IN THE CIRCUIT COURT OF THE 18THJUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NUMBER: 05-CA-1700-14-K RICHARD ROY and KATHLEEN ROY, Plaintiffs, VS. SEVILLE CHASE HOMEOWNERS ASSOCIATION, INC.; FLORIDA POWER CORPORATION; and CITY OF WINTER SPRINGS, Defendants. SETTLEMENT AGREEMEN Pursuant to the mediation on January 24, 2007, the parties agree as follows: Plaintiffs Rick Roy, Kathleen Roy, Defendants Progress Energy d/b/a Florida Power ("Florida Power"), and City of Winter Springs agree as follows: 1- Seville Chase Homeowners Association will be dismissed, 2. In exchange for the real property conveyance from the City set forth in paragraph 3, the Roys will convey to the City of Winter Springs by special warranty deed the real property depicted in Green and marked A on the attached drawing. Said conveyance shall be free and clear of all encumbrances, mortgages, and liens. 3. In exchange for the real property conveyance from the Roys set forth in paragraph 2,the City of Winter Springs shall convey to the Roys by special warranty deed the real property depicted in Blue and marked B (a triangle containing 1 %acres with the south and west legs being equal in length)on the attached drawing,and the City shall convey by special warranty deed the real property marked C and depicted in Red on the attached drawing. The real property marked as C shall contain a tapering area of approximately 50' in length to accommodate the transition width from 50' to 30' to 50'. Said conveyances shall be free and clear of all encumbrances, mortgages, and liens. 4. Florida Power shall convey to the Roys by special warranty deed a strip of real property marked as D and depicted in Blue on the attached drawing. Said strip shall be a maximum of 20 feet wide and approximately 180 feet long on the Northwest corner of property. Roy shall pay to Florida Power the appraised value of the property. Said conveyance shall be free and clear of all encumbrances,mortgages, and liens. The Roys shall bear any and all costs and expenses relative to the sale including, but not limited to, title insurance, survey, document stamps, recording costs, etc. The price shall be determined by an appraisal conducted by an MAI appraiser selected by the Roys. Florida Power shall provide a bond indenture release issued approximately sixty (60) days following closing. 5. Relative to the conveyances set forth in paragraphs 2, 3, and 4,the City and Roys shall share the costs of surveys and conveyancing costs, subject to the Roy's obligations to pay Florida Power's costs and expenses as required by paragraph 4. The City shall select the surveyor. 6. Upon development of the real property labeled C on the attached drawing, Roys shall relocate any gopher tortoises located on said real property. The City agrees that the Rays may relocate any gopher tortoises to the City's adjoining property,to the extent permitted by law and to the extent said relocation does not interfere with the public facilities located on the City's real property. The relocation shall be coordinated in advance with-the City. 7. Nothing herein shall state or imply any development rights or approvals to the Roys. Page 2 of 4 However, the City recognizes the purpose of the 50 foot right of way is for a road assuming Rays meet all the requirements of the City Code. 8. Each party agrees to pay its own fees and costs except as otherwise provided herein. 9. This settlement agreement shall only be binding on the parties if approved by the City Commission of Winter Springs. The City Attorney shall present this settlement agreement to the City Commission no later than the next regularly scheduled City Commission meeting which is scheduled for February 12, 2007. 10. Plaintiffmust pay Florida Power to relocate any electrical facilities located within the real property marked D which Florida Power deems, in their opinion,necessary to be relocated as a result of the conveyance from Florida Power to the Roys and the proposed roa Such relocation will be done at a time determined to be appropriate by Florida Power. If Florida Power decides to accommodate a delay request by the Rays then the Roys shall provide Florida Power with an easement for such parcels. 11. The Roy's shall address any and all stormwater issues as a result of the conveyance and road at their expense and off the property of Florida Power. 12. The Roys shall grant Florida Power an easement across existing roads and future roads on Roy's property for purposes of maintaining lines and dimming trees. 13. Florida Power and the City shall bear no cost or expense whatsoever relative to the consummation of this settlement except for their own respective attorney's fees. 14. That prior to developing the lands with Florida Power's 100' wide transmission easement. Plaintiff shall submit for Florida Power's prior review and written approval a transmission right of way use application to determine there are no Page 3 of 4 conflicts with Florida Power's facilities. A transmission right of way use application can be downloaded from www.prgnproiectsolutions.com or by contacting Florida Power's Northern transmission encroachment agent. 15. The Roys,shall give Florida Power the right to enter the Roy"s property to trim and/or remove any trees that Florida Power determine,in their discretion,may interfere with any Florida Power facilities. 16. Upon full execution of all conveyance documents required hereunder, the City Attorney shall record the documents in the public records of Seminole County. Upon recordation of all conveyance documents, the Roys shall immediately file a voluntary dismissal of this lawsuit with prejudice and Plaintiffs hereby release the City and Florida Power from any and all liability related to the subject matter of this lawsuit. Dated this 2e day of January, 2007. VEc�[war�d Cogoley, Esquire Atto yfo theRoys, R hard R ic Kathlee by Anthony A. Garganese City Attomey of Winter Springs -Oddege Owen, Esquire Attorney for Florida Power Page 4 of 4 I� r y 1 —_-- y 'I I Fi s III I'I f If , r= ILL yy I'� 1lll I'',—I'r��.iC1•��n�Y L� - � ��i �IeF, I ��•���/zx� F, I e:t/ 4 ' Roy PeopaAy *� �. 'I '1 .�~� it ,q: �.,.'.. �xss � •��a's T'`! `a � �p;°r j�'�^��� y ..I a y .�f.. � _ mfrw:{• fir' III .F .'yl 1 � .. '• ��m I BSI � �5 • ��'1 s } r"k f fr Jmi ill lilt a ats xk AFFIDAVIT OF NO LIENS (Seller) STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority authorized to take oaths and administer acknowledgments, personally appeared Richard E. Roy and Kathleen J. Roy, husband and wife ("Affiants"), who duly swear under penalties of perjury, depose and state as follows: 1. Affiants represent that Richard E. Roy and Kathleen J. Roy ("Owners") are currently the fee simple owners of the property described in the Old Republic National Title Insurance Company Commitment attached hereto as Exhibit "1" and incorporated by reference, bearing Commitment No. 07061454 ("Commitment"), and they have personal knowledge of the matters noted herein. 2. Affiants are aware of no defects, liens, encumbrances, or other adverse matters affecting title, other than those disclosed in the attached Commitment. 3. That no persons or entities other than Owner are entitled to the right of possession or are in possession of the land, and that Owner's right to title and possession of the land is not in dispute or question, and there are no tenancies, leases, or other occupancies that affect the property. 4. That there are no disputes concerning the location of the boundary lines of the property and there are no easements or claims of easements not shown by the public records. 5. That there are no outstanding or unpaid taxes, assessments, fees, or obligations of any nature, owed to any governmental authority at this time (pending or certified} or any unpaid or unsatisfied mortgages, claims of lien or other matters that constitute or could constitute a lien or encumbrance against the property or any improvements on it or any part of it or against any personal property located on it other than real property ad valorem taxes for the current year. 6. That there are no actions, proceedings, judgments, liens or executions against said Owners in any court remaining unpaid which affect the property; that there are no suits pending against said Owners in any court. 7. That Owners are not part of any bankruptcy proceeding under the U.S. Code, or insolvency under any state statutes, and are not currently in bankruptcy or the subject of a state insolvency statute. 8. 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. 9. Affiants have not and will not execute any instrument or do any act whatsoever which could or might in any way affect the title to the foregoing property to the detriment of The City of Winter Springs, Florida, who is receiving the property as an exchange from Owners. 10. That said Affiants recognize that some of the purposes of this affidavit are to induce The City of Winter Springs, Florida, to accept said property in the exchange. 11. Affiants are aware that Old Republic National Title Insurance Company and Brown, Garganese, Weiss & D'Agresta, P.A. are relying upon this Affidavit to issue a title insurance policy in accordance with the aforesaid Commitment. Affiants do hereby indemnify and hold harmless Old Republic National Title Insurance Company and Brown, Garganese, Weiss & D'Agresta, P.A. against any loss or damage, including reasonable attorneys' fees and costs, through all appellate proceedings, caused as a result of any material false statements contained in this Affidavit. 12. That this Affidavit is given for the purpose of clearing any possible questions or objections to the title to the above referenced property, and for the purpose of inducing Brown, Garganese, Weiss & D'Agresta, P.A. and Old Republic National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title company is relying upon the statements set forth herein. 13. Affiants are familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing to statements made in an instrument of this nature. Affiants have read, or heard read, the full facts of this Affidavit and understand its context. Affiants have caused this Affidavit to be executed this ~ day of October, 2007. [SIGNATURE PAGE FOLLOWS] Page 2 of 3 AFFIANTS: _._ ,l ~ ` -- RIC~IARD E. ROY ,,'~~ r ~/ THLEEN J. ROY STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of October, 2007, by Richard E. Roy, who is personally known to me or who produced - '~ as identification. t~`~~' CYN~HiA L WARMER :~• ~: '`' ': MY COMMISSION # DD866482 yy,,~~ ~f~ ''?cam ~.~ EXPIRES June 25, 2011 (407) 398-0153 FloridaNOtarySarvice.com d ?~ 2CQ -~~-'~-----~ NO ARY PUBLIC M Commission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~ day o, October, 2007, by Kathleen J. Roy, who is personally known to me or who produced ~-.~ Q~~,l(~@ ,[) ~Z{,7;y~~~ ~l~Q,yW ~ as identification. `~.{siYP~`~: CYN /~ L. ~d11~FtP11 R ~%~~ MY COMMISSION # DD666482 r . ,~ ~~°' ~;~, EXPIRES June 25, 2011 (4~0713~g8-0153 , ~ FioridaNotary5ervice.com NOT RY PUBLIC My mmission Expires Page 3 of 3 REVISED AUGUST 31, 2007/CP/cc EXHIBIT "1" OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ORNT File Number: 07061454 JAR/ctw Agent File Number: 315-040 Commitment Number: REVISED SEPTEMBER 25, 2007/JAR/vl SCHEDULE A 1) Effective Date: September 21, 2007 at 05:00 PM 2) Policy or Policies to be issued: Amount: a) ALTA Owners Policy Standard Form B 1992 $50,000.00 (amended 10/17/92 with Florida Modifications) Proposed Insured: THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation b) ALTA Standard Loan Policy 1992 $ N/A (amended 10/17/92 with Florida Modifications) Proposed Insured: N/A 3) The estate or interest in the land described or referred to in this Commitment and covered herein is a FEE SIMPLE. 4) Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: RICHARD E. ROY and KATHLEEN J. ROY, husband and wife 5) The land referred to in this Commitment is described as follows: SEE ATTACHED EXHIBIT "A" This Commitment valid only if Schedule B is attached. ORDOCS COMMITMENT COMM SUBDIVISION MFOl l49 REVISED AUGUST 31, 2007/CP/cc ORNT File Number: 07061454 JAR SCHEDULE B -SECTION I The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record: a) Warranty Deed from RICHARD E. ROY and KATHLEEN J. ROY, husband and wife, to THE CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, conveying the property described in Schedule "A" herein. 3. Other instruments which must be properly executed, delivered and duly filed for record, and/or other matters which must be furnished to the company: NONE SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE ORDOCS COMMITMENT COMM SUBDIVISION MF01149 1tEVISED AUGUST 3l, 2007/CP/cc ORNT File Number: 07061454 JAR SCHEDULE B -SECTION II Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described. 3. Rights or claims of parties in possession. 4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 5. Easements or claims of easements not shown by the public records. 6. General or special taxes and assessments required to be paid in the year 2007 and subsequent years. 7. 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 8. Any lien provided by Chapter 159, F.S., 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. 9. Reservation in favor of the State of Florida as contained in Deed from the Trustees of the Internal Improvement Fund of the State of Florida filed in Deed Book 108, Page 230, Public Records of Seminole County, Florida, of easement for state road right of way. 10. Right of Way Agreement in favor of Florida Power & Light Company recorded in O.R. Book 148, Page 79, and Amendment thereto recorded in O.R. Book 183, Page 132, Public Records of Seminole County, Florida. 11. Right of access to and from the subject property is not insured. ORDOCS COMMITMENT COMM SUBDIVISION MF01149 'REVISED AUGUST 3I, 2007/CP/cc TAX INFORMATION: PARCEL NO.: 26-20-30-SAR-OD00-1 lOC 2006 Taxes are PAID in the gross amount of $4,479.47 and WAS NOT homestead. Taxes DO include more land than subject property. ORDOCS COMMITMENT COMM SUBDIVISION MFOll49 itEVISED AUGUST 31, 2007/CP/cc EXHIBIT "A" Commence at the Northeast corner of the NORTH ORLANDO RANCHES SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida, run South 07°11'37" East along the East boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93 feet; thence departing said east boundary line, run North 83°37'55" East, 1690.23 feet to the point of beginning; thence continue North 83°37'55" East, 1768.72 feet to a point on the East Lot Line of Lot 99, Block D, D.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence South 07°04'22" East along said Lot Line, 68.22 feet to a point on the West boundary line of Gardenia Farms Subdivision, as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; thence South 04°57'42" West along said West boundary line, 123.38 feet to a point lying 5977.58 feet North 04°57'42" East of the Intersection of the South line of the MOSES E. LEVY GRANT with the West line of aforesaid Gardena Farms Subdivision; thence South 83°44'02" West, 1770.92 feet; thence North O1°27'55" East, 187.79 feet to the point of beginning. ORDOCS COMMITMENT COMM SUBDIVISION MF01149 ERTIFICATE OF NON-FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a TRANSFEREE of a U.S. real property interest must withhold tax if the TRANSFEROR is a foreign person. To inform the TRANSFEREE that withholding of tax is not required upon the disposition of a U.S. real property interest by RICHARD E. ROY and KATHLEEN J. ROY, husband and wife, (hereinafter referred to as "TRANSFEROR"), the undersigned hereby certifies the following as TRANSFEROR: 1. TRANSFEROR is not a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); and 2. TRANSFEROR'S Social Security Numbers are: RICHARD E. ROY KATHLEEN J. ROY 3. TRANSFEROR'S address is 350 Twelve Oaks Road Winter Springs, Florida 32708 TRANSFEROR understands that this certification may be disclosed to the Internal Revenue Service by TRANSFEREE and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and, to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document as TRANSFEROR. DATED this J~ day of October, 2007. f 1 /~ ~~i lF RICHARD E. ROY THLEEN .ROY LEGAL DESCRIPTION: m~ nnc COMMENCE AT THE NORTHEAST CORNER OF THE NORTH ORLANDO RANCHES SECTION 1, AS RECORDED IN PLAT BOOK 12 PAGE 3 PUBLIC RECCW05 OF SEMINOLE COUNTY, FLORIDA, RUN 5 0]'I l'3J" E ALONC THE EAST DOUNDARY LINE OF SAID NORTH ORLANDO RANCHES SECTION i, 20.93 FEET,- THENCE DEPARTING SAID EAST BOUNDARY LINE, RUN N 833]55" E 1690-23 FEET TO THE POINT OF BEGINNING- THENCE CONTINUE N 83'3]"55" E, 1]68 ]2 FEET TO A POINT ON THE EAST GOT LINE OF LOT 99, BLOCK D, OR MITCHELL"S SURVEY OF THE MOSES E LEVY GRANT, AS RECORDED IN PLAT BOOK 1, PAGE 5. PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE S 0]'04"22" E ALONG SAID EAST LOT LINE 6822 FEET TO A POINT ON THE WEST BOUNDARY LINE OF GARDENA FARMS SUBOINSYON, AS RECORDED IN PLAT BOOK 6, PAGES 23 AND 24, PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIOA,~ THENCE 5 04'57'42" W ALONC SAID WEST BOUNDARY LINE 12338 FEET TO A POINT LYING 59]]58 FEET N 04'5]'42" E OF THE INTERSECTION OF THE SOUTH LINE OF THERMOSES E LEVY THENCE N O] 2]55" E. 18> ]9 FEET TO THE POINT OF BEGINNING CONTAINING ]64 ACRES MORE OR LESS e a r I O.R. MITCHELL S SURVEY OF THE LEVY GRANT ON LAKE /ESSUP BLOCK D WINDING HOLLOW UNIT 4 our r v~us P~D C~.~~ I ^^ P. ~.B- - _-~ _ - _ -V s~or ~~ R Os r?J x Y ` s O R ~ VAGANT (WOODED) Y b$: ~N ~k GRAPHIC SCALE ( R] PBEI ) N1NDING HOLLOW UNIT 5 ~ ~- am soar sa. PA¢ sa ~-~$ I zm€g maRz ea', v e'y° N'i4 E I 9l°o'd60 F I ~' ~ aw ~o 6a acc ES ut Ni (PE R 89<. ~ -~~~~~~ ~ ~~ s N E1168. ]2' I ni al N 83'3A'56' E I avo ~~,~v,°Am rv _... no w 1]10.92" S~v.. e.a„ ~ I~~ -~ D R. MITCHELL'S SURVEY OF THE MOSES E LEVY GRANT e prBLOCK D 5 II OAK FOREST UNIT EIGHT ~ € N ] 4 - AECT TO NATTERS GF Ptar DF DOR- oFTSEEL~~u~ Y GRANJ ON LAKE JESSUP accGFDINC TG mE PLAT THEREOF A5 RECORDED M ~:~ ~wr ~~ LEGEND PLAT BOOK t, PACE 5, PUBLIC RECOR S uI LINTY, FLORIDA. -00£5 NDT AFFECT TWS PROPERtt CORPORA nON. FlLEO IN DEED BDDK 163. PACE 28A PUB(/C RECORDS OF SEMINOLE LiPUNTY, FLORIDA. -ODES NOT AFFEREEMENJ IP~ aVCR OF FLORIDA POUR k IJGHT COMPANY RECORDED IN O.R. BOOK T2], Pa GE T04, PUBLIC REroRCS OF SEUIrvOtE T suR~inws RFVO.eT. ~""°r e'°'°" ~'° ° erzvms onscme.e r ~°~ e°m °eAg °'nv c o. eR, rv~ - ® r s% ~ROrv Roo 2 m • z D 5/e' IRON ROC ~ O = FOUNC I IRwu PIPE uavUMENT -ODES ND AFFECT RNS PRCPERtt - cREEMENT IN Fa VOR OF FLORIDA POWER & LIGNi cONPANY RECORDED IN OR. BOOK 129. PAGE 415. PUBLIC RECORDS DF SEUlNOlE -GOES NOT A£FELT THIS PROPERTY - 63. PaGE~i3Z PUBLIC RECORDS OF sEUIrvpLE COUNTY, FLORIDA 'R. BOOK 148. PAGE ]9, AND AMENDMENT THERETO -ASDSHOWNDNFREINJ ~ r ~ e'T°^° r°" r^° ~° ^' "°'"°°n.~.o. me v °mr,anai. 10~ ur - ~ x ri m.:.w..r ~= sow m a eve Fe ~~" "ee~e ..,°ere m~...ror.... y Sa N m~ r . ~ reo~ +n wms v. n rz rt namr m ~m....m~ W ei a.eewm. rm. ~ ~ ~ DNLE55 GTHEI.W.FE NolEO - cHr of wA acREEMENT IN FAUaR DF F~oRIDa PowER N LILHT colrPANY REr.DRDEO w D.R. RDDK leD, PAGE 4~s, PDBL/L REwRDS DF sENINDLE ~ (vacArvn BOUNDARY SUR UEY g GouNTr, FLGRm DOES NOT AFFECT THIS PROPERtt ~ F~ORIO0.UT)ON EASENCNT GRANTED TO FLORIDA PON£R PCRPDRAPDN FltEO IN O.R BOOK ]350 Pa GE 80] PUBLIC RECORDS OF SEUINOLE COUNTY -DOES NOT AFFECT LENS PROPERTY y~~y ~:. r; /'ll~ J :~ l IXO REPUBLIC NA~ONA Cl gRONN, GARGANESE, NEISS h DAgtESTA, P.A. AR t3 ]'Ii Y 5 0 3 f 2D 93 cORPORADON, FILED IN o 2 BOOK 7524, PAGE 1593. PUBLIC RECORDS OF SENINDLE COON FLORDA EASEUENT GRANTED TO FLORIDA POWER N ~ 4/23/0] 04085. ] M ~~ _ r / / mu . -DOES NOT AFFECT RlIS PRCWERtt w Po.a.. an ,.d "i a"n",~e" ~~~~e ,,,.~_°.e maas_:: ~.r 1" = 15G". .w.m s. GE7I7aZ ex~ ,.O'G2e P .. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET SELLER TAE CITY OF WINTER SPRINGS, FLORIDA BUYER RICHARD E. ROY and KATHLEEN J. ROY PROPERTY DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO CLOSING DATE OCTOBER ~- , 2007 CONTRACT PURCHASE PRICE: Purchase Price (Donation) Adjusted Total EXPENSES: Recording Deed Documentary Stamps on Deed (based on Purchase Price of $0) Title Search Owner's Title Insurance Premium (based on Title Commitment Policy of $50,000.00 2007 Estimated Property Taxes TOTAL Initials / eller Buyer CREDIT SELLER CREDIT BUYER $0.00 $0.00 $0.00 $0.00 CHARGE SELLER $0.70 $250.00 $287.50 $0.00 $538.20 CHARGE BUYER $27.00 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET SELLER THE CITY OF WINTER SPRINGS, FLORIDA BUYER RICHARD E. ROY and KATHLEEN J. ROY PROPERTY DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO CLOSING DATE OCTOBER , 2007 CONTRACT PURCHASE PRICE: Purchase Price (Donation) Adjusted Total EXPENSES: Recording Deed Documentary Stamps on Deed (based on Purchase Price of $0) Title Search Owner's Title Insurance Premium (based on Title Commitment Policy of $50,000.00 2007 Estimated Property Taxes TOTAL nitials / Buyer I Seller CREDIT SELLER CREDIT BUYER $0.00 $0.00 $o.oo ~o.oa CHARGE SELLER $0.70 $250.00 $287.50 $0.00 $538.20 CHARGE BUYER $27.00 RECAPITULATION Seller Buyer Cash at Closing $0.00 Cash at Closing Plus: Expenses $538.20 Plus: Expenses TOTAL CASH DUE TOTAL CASH DUE FROM SELLER: $538.20 FROM BUYER: Initials / eller Buyer $0.00 $27.00 $27.00 Seller Cash at Closing Plus: Expenses TOTAL CASH DUE FROM SELLER: Initials Seller Buyer RECAPITULATION Bn~ $0.00 Cash at Closing $538.20 Plus: Expenses TOTAL CASH DUE $538.20 FROM BUYER: $0.00 $27.00 $27.00 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge 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 parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same 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 party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real properly taxes applicable to the subject property for the current year is unknown and proration was based on an estimate from the Seminole County Property Appraiser in the amount of $0.00. Should actual taxes for the current year be substantially different, each party shall have the right to demand and receive from the other a reproration of taxes. Each parry consents to such reproration and agrees to look to the other party should a reproration become necessary, and to save and hold harmless as to such reproration the Closing Agent. APPROVED: SELLER: _.~1z~°~~ _- \ n . - ~~ THE CITY OF WI'+1~R BRINGS; FL.IDA By: ~ _ . J N F. BUSH, PvL~or °" ° ~ ~ - i Date: ~JC~~~I'' x~i2cl'~, ~ ~ ~- ~ , 2007 ATTEST: ~. By: A LORENZO-LUACES, City Clerk APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge 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 subj ect 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 parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same 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 party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown and proration was based on an estimate from the Seminole County Property Appraiser in the amount of $0.00. Should actual taxes for the current year be substantially different, each party shall have the right to demand and receive from the other a reproration of taxes. Each parry consents to such reproration and agrees to look to the other party should a reproration become necessary, and to save and hold harmless as to such reproration the Closing Agent. APPROVED: BUYER: .# RICHARD E. ROY Date: /~ ~ ``' , 2007 .~ f ". THLEEN J. ROY Date: ~' G~ , 2007 EXHIBIT "A" PARCEL ONE: Commence at the Northeast corner of NORTH ORLANDO RANCHES SEC. 1, according to the plat thereof, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida; run South 07°11'37" East along the East line of said NORTH ORLANDO RANCHES SEC. 1, said line also being the East right of way line of Shore Road, 710.96 feet to the point of beginning; thence departing said East line, South 79°39'35"East, 184.12 feet; thence South 57°02'13" East, 51.99 feet; thence South 79°39'35" East, 129.39 feet; thence South 46°05'25" East, 9.05 feet; thence South 79°39'35" East, 339.91 feet; thence South 65°04'35" East, 236.60 feet to the East line of the parcel described in O.R. Book 1955, Page 0522, Public Records of Seminole County, Florida; thence South O1°27'55" West along said East line, 54.50 feet to the Southeast corner of said parcel; thence departing said East line and along the Southerly line of said parcel for the following four (4) courses: North 65°04'35" West, 251.90 feet; thence North 79°39'35" West, 345.20 feet; thence North 00°45'26" West, 25.48 feet; thence North 79°39'35" West 336.66 feet to the West line of said property, also being the aforesaid East line of NORTH ORLANDO RANCHES SEC. 1 and the East right of way line of Shore Road; thence departing said Southerly line North 07°11'37" West along said East line, 52.44 feet to the point of beginning. PARCEL TWO: Commence at the Northeast corner of the NORTH ORLANDO RANCHES SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida, run South 07°11'37" East along the East boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93 feet; thence departing said East. boundary line, run North 83°37'55" East, 1690.23 feet; thence South O1°27'55" West, 300.09 feet to the Point of Beginning; thence continue South O1°27'55" West, 363.00 feet; thence South 83°37'55" West, 363.00 feet; thence North 42°32'55" East, 547.23 feet to the Point of Beginning. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 225 East Robinson Street, Suite 660 Orlando, FL 32801 CLOSING STATEMENT AND DISBURSEMENT SHEET SELLER RICHARD E. ROY and KATHLEEN J. ROY BUYER THE CITY OF WINTER SPRINGS, FLORIDA PROPERTY DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO CLOSING DATE OCTOBER , 2007 CONTRACT PURCHASE PRICE: Purchase Price (Donation) Adjusted Total EXPENSES: Recording Deed Documentary Stamps on Deed (based on Purchase Price of $0.00) Title Search Owner's Title Insurance Premium (based on Title Commitment Policy of $50,000.00) 2007 Estimated Property Taxes (See Real Property Tax Notice below) ~~c! '~- Initials ~ :~~ / Seller Buyer CREDIT SELLER CREDIT BUYER $0.00 $0.00 $0.00 $0.00 CHARGE SELLER $0.70 $ 150.00 $287.50 $0.00 CHARGE BUYER $27.00 TOTAL Cash at Closing Plus: Expenses Seller TOTAL CASH DUE FROM SELLER: ~~ Initials Seller Buyer $438.20 RECAPITULATION Bier $0.00 Cash at Closing $0.00 $438.20 Plus: Expenses $27.00 TOTAL CASH DUE $438.20 FROM BUYER: $2'7,Q0 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET; INSTRUCTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge 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 parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same 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 party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown, that Buyer is exempt from ad valorem taxes, and that Seller will settle and be solely responsible for all outstanding real estate taxes due through the year 2007 for the property described in Exhibit "A." APPROVED: SELLER: F ~ ` f( r RICHARD E. ROY Date: /'O~~~o'7 , 200'7 • ~~ is .-~ THLEEN J. ROY Date: ~~ ~ U ~ 2007 APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET• INSTRUCTIONS TO CLOSING AGENT Seller and Buyer hereby acknowledge 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 parties understand and agree that in the event that the actual expense is less than the estimate, the party which paid the same 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 party which paid the same shall be required to pay the actual expense over and above the estimate. REAL PROPERTY TAX NOTICE: It is understood between the parties hereto that the exact amount of real property taxes applicable to the subject property for the current year is unknown, that Buyer is exempt from ad valorem taxes, and that Seller will settle and be solely responsible for all outstanding real estate taxes due through the year 2007 for the property described in Exhibit "A." APPROVED: BUYER: ~: - ; THE CITY OF WIlYT' S.INGS,:FLO;RiDA - ~ -~ ~ : - ~~~~-r _ y ~ ~..~ By: ~. JOH F. BUSH, Maybs; '"', Date: October 2, , 2007 LORENZO-LUACES, City Clerk EXHIBIT "A" Commence at the Northeast corner of the NORTH ORLANDO RANCHES SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida, run South 07°11'37" East along the East boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93 feet; thence departing said east boundary line, run North 83°37'55" East, 1690.23 feet to the point of beginning; thence continue North 83°37'55" East, 1768.72 feet to a point on the East Lot Line of Lot 99, Block D, D.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence South 07°04'22" East along said Lot Line, 68.22 feet to a point on the West boundary line of Gardena Farms Subdivision, as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; thence South 04°57'42" West along said West boundary line, 123.38 feet to a point lying 5977.58 feet North 04°57'42" East of the Intersection of the South line of the MOSES E. LEVY GRANT with the West line of aforesaid Gardena Farms Subdivision; thence South 83°44'02" West,1770.92 feet; thence North Ol°27'55" East, 187.79 feet to the point of beginning. SELLER THE CITY OF WINTER SPRINGS, FLORIDA BUYER: RICHARD E. ROY and KATHLEEN J. ROY CLOSING AGENT: BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT "A" CLOSING DATE: OCTOBER ~ , 2007 FURTHER ASSURANCES AGREEMENT For and in consideration of the Closing Agent disbursing proceeds ofthis Sale, and in order to insure the accuracy of settlement statements, deeds, mortgages and other documents of closing in this transaction, the undersigned do mutually agree to cooperate, adjust, initial, re-execute and re-deliver any and all closing documents, if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention ofthe undersigned that all documentation for this transaction and all payments or disbursements made shall be an accurate reflection of the parties' agreement; and that each party should pay all costs and expenses contemplated by their agreement and/or dictated by custom and usage in this area. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement and the covenants herein in closing this transaction. Further, for services performed pursuant to this Agreement, SELLER and BUYER each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing, SELLER and BUYER agree to cooperate with each other and Brown, Garganese, Weiss & D'Agresta, P.A. Signed, sealed and delivered in the prgs~ of: PRINT r` SELLER: THE CITY OF W"IN, E~ SP;,cLYGS, FLORIDA By: 7" ~~~ G~'~' JO F. BUSH, Mayor ATTEST: P ~ By: 1 AND A LORENZO-LUACES, City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this _s as Mayor of the City of Winter Springs, Florida, who is as identification. o~aav n~ Notary Public Siate of Ffonda 1 r ~ Andrea Lorenzo-Luaces ~~, ~ My Commission DD664334 '~av f~~ ~xpiren DSIA~l201 t Signed, sealed and delivered in the presence of: PRINT NAME: PRINT NAME: PRINT NAME: PRINT NAME: STATE OF FLORIDA COUNTY OF SEMINOLE 3ay,~,.~ctober, 2007, by John F. Bush, ally kr>i to me or who produced I'ARn' PUBLIC Commission Expires BUYER: RICHARD E. ROY KATHLEEN J. ROY The foregoing instrument was acknowledged before me this day of October, 2007, by Richard E. Roy, who is personally known to me or who produced as identification. STATE OF FLORIDA COUNTY OF SEMINOLE NOTARY PUBLIC My Commission Expires: The foregoing instrument was acknowledged before me this day of October, 2007, by Kathleen J. Roy, who is personally known to me or who produced as identification. N01'ARY PUBLIC My Commission Expires Page 2 of 3 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of October, 2007, by John F. Bush, as Mayor of the City of Winter Springs, Florida, who is personally lrnown to me or who produced as identification. Signed, sealed and delivered in the presence of T NAME: (Ec ~L P NAME: C~~ ~~-~,ICc L.- P,-^Yl ~P P T NAME: ~, . PRIN NAME: u L STATE OF FLORIDA COUNTY OF SEMINOLE NOTARY PUBLIC My Commission Expires BUYER: 1,` RICHARD E. ROY A t'. {, KATHLEEN J. ROY . The foregoing instrument was acknowledged before e this ~ day~°f October, 2007, by Richard E. Roy, who is personally known to me or who produced ~~' 1Cf4~h rIXiL7 ~C.Ccra_~a -~_ as identification. t? I: PAN GR V ~~ '_ z- ~ ~pYP~' /. • S ~J i •_~ . : i_. II 3,ON #DD666482 *_ MY C ,.. =;~;,~.?`~ E;, or a,'r'.ES June 25, 2011 ^9.0153 "c~ridat+lotoryService.com STATE OF FLORIDA COUNTY OF SEMINOLE NO RY PUBLIC My ommission Expires: The foregoing instrument was acknowledged be re me this ~ day of October, 2007, by Kathleen J. Roy, who is personally known to me or who produced ~ ~DZfG~4 ti7/1/~~7,~~ as identification. ..os~YP~~-- CYNTHIA L.. VV~RNEC~ ,a . *_ MY COMMISSION #DD666482 '~T~• ;#,°,`~ EXPIRES June 25, 2011 OFFS (407) 398-0153 ;=loddaNOtaryService.com Page 2 of 3 ~ LQ NO RY PUBLIC My ommission Expires EXHIBIT "A" PARCEL ONE: Commence at the Northeast corner of NORTH ORLANDO RANCHES SEC. 1, according to the plat thereof, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida; run South 07°11'37" East along the East line of said NORTH ORLANDO RANCHES SEC. 1, said line also being the East right of way line of Shore Road, 710.96 feet to the point of beginning; thence departing said East line, South 79°39'35"East, 184.12 feet; thence South. 57°02'13" East, 51.99 feet; thence South 79°39'35" East, 129.39 feet; thence South 46°05'25" East, 9.05 feet; thence South 79°39'35" East, 339.91 feet; thence South 65°04'35" East, 236.60 feet to the East line of the parcel described in O.R. Book 1955, Page 0522, Public Records of Seminole County, Florida; thence South O1°27'55" West along said East line, 54.50 feet to the Southeast corner of said parcel; thence departing said East line and along the Southerly line of said parcel for the following four (4) courses: North 65°04'35" West, 251.90 feet; thence North 79°39'35" West, 345.20 feet; thence North 00°45'26" West, 25.48 feet; thence North 79°39'35" West 336.66 feet to the West line of said property, also being the aforesaid East line of NORTH ORLANDO RANCHES SEC. 1 and the East right of way line of Shore Road; thence departing said Southerly line North 07°11'37" West along said East line, 52.44 feet to the point of beginning. PARCEL TWO: Commence at the Northeast corner of the NORTH ORLANDO RANCHES SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida, run South 07° 11'37" East along the East boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93 feet; thence departing said East boundary line, run North 83°37'55" East, 1690.23 feet; thence South Ol°27'55" West, 300.09 feet to the Point of Beginning; thence continue South O1°27'55" West, 363.00 feet; thence South 83°37'55" West, 363.00 feet; thence North 42°32'55" East, 547.23 feet to the Point of Beginning. Page 3 of 3 SELLER: RICHARD E. ROY and KATHLEEN J. ROY BUYER: THE CITY OF WINTER SPRINGS, FLORIDA CLOSING AGENT: BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. PROPERTY DESCRIPTION: SEE ATTACHED EXHIBIT "A" CLOSING DATE: OCTOBER, 2007 FURTHER ASSURANCES AGREEMENT For and in consideration of the Closing Agent disbursing proceeds of this Sale, and in order to insure the accuracy of settlement statements, deeds, mortgages and other documents of closing in this transaction, the undersigned do mutually agree to cooperate, adjust, initial, re-execute and re-deliver any and all closing documents, if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention of the undersigned that all documentation for this transaction and all payments or disbursements made shall be an accurate reflection of the parties' agreement; and that each party should pay all costs and expenses contemplated by their agreement and/or dictated by custom and usage in this area. The undersigned do hereby agree and covenant to assure that this transaction and its documentation will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement and the covenants herein in closing this transaction. Further, for services performed pursuant to this Agreement, SELLER and BUYER each agree to the fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees, officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable attorneys' fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from the failure of either party to meet its obligation under this agreement. In the event additional documents are required to be executed or revised to complete the terms and conditions of the closing, SELLER and BUYER agree to cooperate with each other and Brown, Garganese, Weiss & D'Agresta, P.A. [SIGNATURE PAGES FOLLOW] Signed, sealed and delivered in th ence of: ~ ,~ f P NAME: , P NAME; ~- ~ ~` , 1 P T NAME: P NAME: ~~~.~~ ~ L . STATE OF FLORIDA COUNTY OF SEMINOLE SELL/ER: l ~.r~~~ _ RICHARD E. ROY ~ ~' j, KATHLEEN J. ROY The foregoing instrument was acknowledged before e this day of ctober, 2007, by Richard E. Roy, who is personally known to me or who produced i as identification. ~o~' OYN"I`FiIA L. liVERNER •fotiR .. e~ , - *: M`( COMMISSION #DD666482 <~ ~.~+' • .. •e~' EXPIRES June 25, 2011 ?~~; (407)398-Ot5's FloritlaNOtaryService.com ~ • [ .~ NO RY PUBLIC My ~ onunission Expires: STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before m this day of O ober, 2007, by Kathleen J. Roy, who is personally known to me or who produced ~ as identification. ,2o;~YPv~~, GYN7NIA L. II~IERNER `= MY COMMISSION #DD666482 ~~','~d;~r~ EXPIRES June 25, 2011 (407)338-0753 FloritlaNotaryService.com NO RY PUBLIC My ommission Expires Page 2 of 4 Signed, sealed and delivered in the presence of: 7~~ T NAME: O `?~~ ~ ~.b5 PRINT NAME: - ~ ..~ _~ BUYER: _~ - =.~ _ , THE CITY OF WT_~T~t`-~;;'~t BRINGS, ~[,O12F9r~ B _~ _~ Y• JOAN BUSH, Mayor ATTEST: By: LORENZO-LUACES, City Clerk STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of September, 2007, by John F. Bush, as Mayor of the City of Winter Springs, Florida, who is personally known to me or who has produced as identification. NOTARY PUBLIC My Commission Expires Page 3 of 4 EXHIBIT "A" Commence at the Northeast corner of the NORTH ORLANDO RANCHES SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida, run South 07°11'37" East along the East boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93 feet; thence departing said east boundary line, run North 83°37'55" East, 1690.23 feet to the point of beginning; thence continue North 83°37'55" East, 1768.72 feet to a point on the East Lot Line of Lot 99, Block D, D.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence South 07°04'22" East along said Lot Line, 68.22 feet to a point on the West boundary line of Gardena Farms Subdivision, as recorded in Plat Book 6, Pages 23 and 24, Public Records of Seminole County, Florida; thence South 04°57'42" West along said West boundary line, 123.38 feet to a point lying 5977.58 feet North 04°57'42" East of the Intersection of the South line of the MOSES E. LEVY GRANT with the West line of aforesaid Gardena Farms Subdivision; thence South 83°44'02"West, 1770.92 feet; thence North O1°27'55" East, 187.79 feet to the point of beginning. Page 4 of 4 Owner's Policy American Land Title Association Owner`s Policy 10-17-92 v~rith Florida modifications Policy Number SAC 7 7 5 6 8 4 ~* ~ ~ ~ ~ ~ ~~ 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. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 225 E. ROBINSON ST., SUITE 660 ORLANDO, FL 32801-4322 PHONE 407-425-9566 FAX 407-425-9596 Issued through the Offrce of: Authorhed Signator 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 (612J371-1111 BY !~~ ~ ,. Attest ~~-~-~2~~ 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; Id) 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) "knowledge" 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) "land": 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. Ie) "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. (gl "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; Dury 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 ~c * ~ * ~` ~ ~ * SCHEDULE A * ~ ~* OWNER'S POLICY SCHEDULE A AGENT FILE NUMBER: 315-040 ORT FILE NUMBER: 07061454 JAR Policy Date: October 15, 2007 at 3:00 p.m. POLICY NUMBER: SDC 775684 AMOUNT: $50,000.00 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, a Florida municipal corporation 3. The land referred to in this Policy is situated in the County of Seminole, State of Florida, and described as follows: Commence at the Northeast corner of the NORTH ORLANDO RANCHES SECTION 1, as recorded in Plat Book 12, Page 3, Public Records of Seminole County, Florida, run South 07°11'37" East along the East boundary line of said NORTH ORLANDO RANCHES SECTION 1, 20.93 feet; thence departing said east boundary line, run North 83°37'55" East, 1690.23 feet to the point of beginning; thence continue North 83°37'55" East, 1768.72 feet to a point on the East Lot Line of Lot 99, Block D, D.R. MITCHELL'S SURVEY OF THE MOSES E. LEVY GRANT, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; thence South 07°04'22" East along said Lot Line, 68.22 feet to a point on the West boundary tine of Gardena Farms Subdivision, as recorded in Plat Book b, Pages 23 and 24, Public Records of Seminole County, Florida; thence South 04°57'42" West along said West boundary line, 123.38 feet to a point lying 5977.58 feet North 04°57'42" East of the Intersection of the South line of the MOSES E. LEVY GRANT with the West line of aforesaid Gardena Farms Subdivision; thence South 83°44'02" West, 1770.92 feet; thence North 01°27'55" East, l 87.79 feet to the point of beginning. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. SCHEDULE B AGENT FILE NUMBER: 315-040 POLICY NUMBER: SDC 775684 ORT FILE NUMBER: 07061454 JAR This policy does not insure against loss or damage by reason of the following: Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 2. Easements or claims of easements not shown by the public records. 3. General or special taxes and assessments required to be paid in the year 2007 and subsequent years. 4. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion ofthe lands insured hereunder, including submerged, filled and artificially exposed lands and lands accreted to such lands. Any lien provided by Chapter 159, F.S., 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. 6. Reservation in favor of the State of Florida as contained in Deed from the Trustees of the Internal Improvement Fund of the State of Florida filed in Deed Book 108, Page 230, Public Records of Seminole County, Florida, of easement for state road right of way. 7. Right of Way Agreement in favor of Florida Power & Light Company recorded in O.R. Book 148, Page 79, and Amendment thereto recorded in O.R. Book 183, Page 132, Public Records of Seminole County, Florida. 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. Ib) The Company shall have the right, at its awn 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 ar 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 f 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 a-I 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 casts, 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. Ib) 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. Ia) 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 last 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 cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whale 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 Comparry and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Comparry 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 parry. Judgment upon the award rendered by the Arbitrator{s} may be entered in arty 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, (6121371-1111.