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