SCHOOL BOARD OF PINELLAS COUNTY (2)Prepared By:
Kim Soldano
RECORD & HOLD FOR:
`SOMERS TITLE COMPANY
1290 COURT STREET
` CLEARWATER, FL 33756
(727) 441-1088 ph. (727) 449-1359 fax
incidental to the issuance of a title insurance policy.
File Number: 812010C
Parcel ID #: 32/28/16/00000/410/0100
ti°
0 i
WARRANTY DEED
This WARRANTY DEED, dated February 18, 2009 by
The School Board of Pinellas County, Florida
whose post office address is:
301 4th Street SW Largo, FL 33779
hereinafter called the GRANTOR, to
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2009042995 02/19/2009 at 03:21 PM
OFF REC BK. 16501 PG: 1970-1971
DocType:DEED RECORDING: $18.50
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
whose post office address is:
P.O. Box 4748 Clearwater, FL 33758
hereinafter called the GRANTEE:
(Wherever used herein the terms "Grantor" and "Grantee" include all 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 inconsideration 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 Pinellas County, Florida, viz:
Parcel No. 32/28/16/00000/410/0100
A portion of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East, being more particularly
described as follows:
The East 965.08 feet of the North 1/2 of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East,
Pinellas County, Florida, LESS the South 33 feet thereof, ALSO LESS the East 33 feet thereof, ALSO LESS
the North 33 feet thereof, all as conveyed to Pinellas County for Public Road by Quit Claim Deed recorded
March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida.
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record,
if any; taxes and assessments for the year 2009 and subsequent years; and to all applicable zoning ordinances
and/or restrictions and prohibitions imposed by governmental authorities, if any.
TOGETHER with all the 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 except as above noted, 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 whomsoever.
IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above.
SIGNED IN TH SENCE THE FOLLOWING WITNESSES:
Signature:
Print Name: VfRGaJld 7 606-))L - The School Board of Pinellas County, Florida
Signature:
Print Name:
by: es A. Robinson, Attorney
State of Florida
County of Pinellas
THE FOREGOING INSTRUMENT was sworn and acknowledged before me on February 18, 2009 by:
James A. Robinson, Attorney of The School Board of Pinellas County who has produced a drivers license
as identification.
Notary Signature:
Notary Print Nam
MARIANNE= SCHAFFER
Not Seal: Notary Public, State Of Florida
ak, My Corr'nis m Expires 12/14raw
Commission No. # DD068427
COUNTY IDENTIFIER: 32-28-16-00000-410-0100
ATLAS PAGE: 2446
LOCATION: vacant unincorporated acreage - no address (NE1/4 of SE1/4 - 32-28-16)
SHORT LEGAL: The East 965.08 feet of the North'/2 of the Southeast'/4 of Section 32,
Township 29 South, Range 16 East, Pinellas County, Florida, LESS the South 33 feet thereof;
ALSO LESS the East 33 feet thereof; ALSO LESS the north 33 feet thereof, all as conveyed to
Pinellas County for Public Road by Quit Claim Deed recorded March 21, 1960 in O. R. Book 857,
Page 544, Pinellas County Public Records
DIMENSIONS/ACREAGE: 932.12 X 1261 (MOL) - 26.98 acres (MOL)
SURVEY: Yes- George F. Young, Inc., Job No. 0913030400, January 27, 2009
APPRAISAL: Fogarty & Finch, Inc. - 07/25/08 - $3,465,000
James Millspaugh & Associates- 07/28/08 $3,825,000
SPECIAL USE (IF ANY): Purchase partially funded by Florida Communities Trust (FCT) for creation
of the Lake Chautauqua Equestrian and Nature Preserve.
ZONING: Pinellas County AE (Agricultural Estate) - Land Use Plan R/OS (Recreation/Open Space)
SELLER: School Board of Pinellas County
PURCHASE PRICE: $3,645,000
CLOSING COSTS: $12,256.00
APPROPRIATION CODE: 0315-93601-560100-573-000-0000 (Parks & Rec)
ACQUISITION DATE: February 18, 2009
TITLE INSURANCE: YES - through Somers Title Company
TITLE UNDERWRITER: Ticor Title Insurance Company of Florida
POLICY NO. FL7881-51-812010c-2009.711069-77304767
CLOSING AGENT/FILE NO.: Somers Title Company / File No. 812010C
O.R. BOOK/PAGE: 16501 / 1970 (WARRANTY DEED)
COMMENTS: See "Special Use."
A. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
Somers Title Company
1290 Court Street
Clearwater, Florida 33756
(727) 441-1088 fax: (727)449-1359
a, mongaga Ms. Case No.:
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
(poc) were paid outside the clostn. They are shown here for informational purposes and are not included in the totals.
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
D. Buyer: PO Box 4748
Clearwater, F1.33758
School Board of Pinellas County, Florida
E. Seller: 301 4th Street SW
Lar o, F133779
F. Lender
G. Property: Clearwater, Pinellas County, Florida
metes & bounds
H. Settlement Agent: Somers Title Company
Place of''Se"ttlement: 1290 Court Street, Clearwater; Florida 33756 Pinellas Count
I. Settlement Date: February 18, 2009
J. Summary of Buyer's Transaction K. Summary of Seller's Transaction
100.. Gross Amount Due From Buyer: 400: Gross Amount Due To Seller:
101. Contract Sales Price 3,645,000.00 401. Contract Sales Price 3
645
000.00
102. Personal Property ,
,
402. Personal Property
103. Settlement Charges to Buyer (line 1400) 12,256.00 403.
. Adjustments for 'Items Paid b Seller in Advance: Adjustments for Items Paid b Seller in Advance:
106. City / Town Taxes 406. City / Town Taxes
107. County / Parish Taxes 407. Count / Parish Taxes
108. Assessments 408. Assessments
120. Gross Amount Due from Buyer: 3,657 56.00 420. Gross Amount Due to Seller: 3,645,000.00
200. Amounts Paid b or in Behalf of Buyer: 500.. Reductions in Amount Due to Seller:
201. Deposit / Earnest Money 501. Excess Deposit (see instructions)
202. Principal Amount of New Loan 502. Settlement Char es to Seller (Line 1400) 0.00
203. Existing Loan(s) 503. Existing Loan(s)
204. 504. Pa off of First Mortgage
205. 505. Payoff of Second Mortgage
206. 506. Purchase Mone Mort a e
Adjustments for Items Unpaid: b Seller: Adjustments for Items Unpaid b Seller:
210. Cit / Town Taxes 510. City / Town Taxes
211. Count / Parish Taxes 511. Count / Parish Taxes
212. Assessments 512. Assessments
220. Total Paid b / for Buyer: 0.00 520. Total Reductions in Amount Due Seller: 0.00
300: Cash at Settlement from / to Buyer. „ 600. Cash at Settlement to / from Seller:
301. Gross Amount due from Buyer (line 120) 3,657,256.00 601. Gross Amount due to Seller (line 420) 3,645,000.00
302. Less Amount Paid by/for Buyer (line 220) 0
00 Less Reductions Amount due Seller (line
602
. .
0.00
cam
303. Cash From Buyer:
B. TYPE OF LOAN
1. FHA 2. FMHA 3. CONY. UNINS.
4. VA 5. CONV. INS.
1"He Numer: 7. Loan Number:
8120100
$3,657,256.001 603. Cash To Seller:
$3,645,000.00
HUD-1 May 2007 OMB No. 2502-0265
February 18, 2009 8:43 AM RESPA handbook 4305.2
Settlement Date:February, 18,2009
L• Settlement Charges
700. Total Sales /,Broker's Commission:
Division of Comn-fission as follows
701.
702.
703. Commission Paid at Settlement
704.
800. Items Pa ablein Connection with Loan: .
801. Loan Ori ination Fee
802. Loan Discount
803. A raisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
900. Items Required by Lender to be Paid in Advance:
901. Interest from Feb 18, 2009
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
1.000. Reserves Deposited with Lender:
1001. Hazard Insurance
1002. Mort a e Insurance
1001 City Pro ert Taxes
1004. Count Pro ert Taxes
1005. Annual Assessments
1100. Title Charges:
_1101. Closing Services *(b) ** (s) to STC
1102. Abstractor Title Search to Ticor Title Insurance Cc
1103. Title Examination
1104. Title Insurance Binder
1105. Document Completion Fee
1106. Notary Fees
1107. Attorney Fees
(includes above item numbers:
1108. Title Insurance to Ticor Title Insurance Company
(includes above item numbers:
1109. Lender's
Coverage - 0.00
1110. Owner's 3,645,000.00 Premium
Coverage
1200. Government Recording and Transfer Charges:
1201. Recording Fees: Deed 18.50 Mor
1202. Cit /Count Tax/Stam s: Deed
1203. State Tax/Stamps: Deed
1204. Intangible Tax to Clerk of the Circuit Court
1205.
1300. Additional Settlement Char es:
1301. Survey
1302. Pest Inspection
1303. * (b) inlcudes: courier/wire/email/storage/retort
1304. ** (s) includes:
11,687.50
0.00 Releases 0.00
0.00 Mort a e 0.00
0.00 Mortgage 0.00
1400. Total Settlement!Charges.(Enter on line 103, Section r and line 502, Section K)
File Number: 812010C
Paid from Paid from
Buyer's Seller's
Funds Funds
at at
Settlement Settlement
300.00
250.00
11,687.50
18.50
$12,256.00 1 $0.00
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD-1 Settlement Statement.
cityy tEC? School o d of Pine s n Florida
0.2Z ?ig
Buyer:'
Seller:
7 Robinson, School Board Attorney
The HUD-1 Settlement Statement which I have pr ared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in
accordance with this st nt.
Settlement Agent: Date: February 18, 2009
WARNING: It is a cri to knowingly make false statements to,the United States on this or any other similar form. Penalties upon conviction can include a fine or
imprisonment. For det ils see: Title 18 U.S. Code Section 1001 and Section 1010.
HUD-1 May 2007
February 18, 2009 8:43 AM
. OMB No. 2502-0265
RESPA handbook 4305.2
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY (10-17-92)
Florida Modified
POLICY NUMBER FL7881-51-812010c-2009.7110609-77304767
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
TICOR TITLE INSURANCE
COMPANY OF FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TICOR TITLE
INSURANCE COMPANY OF FLORIDA, a Nebraska 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, TICOR TITLE INSURANCE COMPANY OF FLORIDA has caused this
policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory.
Issued By:
FL7881 812010c
Somers Title Company
1290 Court Street
Clearwater, FL 33756
Tel:(727) 441-1088
Fax:(727) 449-1359
TICCOR TITLE INSURANCE COMPANY OF FLORIDA,
SEAL
OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified)
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 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 created 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 bra judgment or 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.
(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 litigations 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.
OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified)
Ticor Title Insurance Company
ALTA OWNER'S POLICY
Agent's File Number: 812010C Owner's Policy Number: 7110609-77304767
Schedule A
Date of Policy: February 19, 2009 at 03:21 PM
Amount of Insurance: $3,645,000.00
1. Name of Insured:
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
2. The estate or interest in the land which is encumbered by the insured is:
Fee Simple
Title to the estate or interest in the land is vested in the Insured by:
Warranty Deed executed by The School Board of Pinellas County, Florida to City of
Clearwater, Florida, a Municipal Corporation of the State of Florida, dated February 18, 2009,
filed February 19, 2009 in Official Records Book 16501, Page 1970, of the Public Records of
Pinellas County, Florida, conveying said property described herein.
4. The land referred to in this policy is situated in the State of Florida, County of Pinellas and is
described as follows:
See Schedule A Continuation, for Legal Description
Somers Title Company
By:
Authorized gent
Ronald E. Somers
Ticor Title Insurance Company
ALTA OWNER'S POLICY
Agent's File Number: 812010C Owner's Policy Number: 7110609-77304767
Schedule A, Continuation
Parcel No. 32/28/16/00000/410/0100
A portion of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East, being more particularly
described as follows:
The East 965.08 feet of the North 1/2 of the Southeast 1/4 of Section 32, Township 28 South, Range 16 East,
Pinellas County, Florida, LESS the South 33 feet thereof; ALSO LESS the East 33 feet thereof; ALSO LESS
the North 33 feet thereof, all as conveyed to Pinellas County for Public Road by Quit Claim Deed recorded
March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida.
Ticor Title Insurance Company
ALTA OWNER'S POLICY
Agent's File Number: 812010C Owner's Policy Number: 7110609-77304767
Schedule B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) by reason of the following.:
1. Any facts, rights, interest, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public records.
3. Any lien, or right to a lien, for services, labor or material theretofore hereafter furnished, imposed
by law and not shown by the public records.
4. Rights of parties in actual possession of all or any part of the premises.
5. Any adverse 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.
6. Taxes and assessments for the 2009, which are not yet due and payable.
THE FOLLOWING ITEMS ARE HEREBY DELETED: 1, 2, 3, 4 and 5
Real Estate Parcel No. 32-28-16-00000-410-0100 (taxes totally exempt)
7. Any claim that any portion of said lands are sovereign lands of the State of Florida, including
submerged, filled or artificially exposed lands accreted to such lands.
8. Riparian rights and littoral rights, if any, incident to the land which are neither insured nor
guaranteed.
9. Subject to Hiking Trail Easement recorded December 22, 2008 in O.R. Book 16495, page 846, of
the Public Records of Pinellas County, Florida.
Ticor Title Insurance Company
ALTA OWNER'S POLICY
Agent's File Number: 812010C Owner's Policy Number: 7110609-77304767
10. Print of survey as prepared by George F. Young, Inc., dated January 27, 2009, Job No.
0913030400 shows the three (3) foot wire fence with wood posts appears to encroach into the
NorthWesterly portion of the subject property and six (6) foot chain link fence appears to
encroach over the Westerly portion of the subject property.
11. Subject to payment of any pending or certified charges/special lien/assessments including, but
not limited to: sanitation, utility, road paving, wastewater, imposed by the City, County and/or
the State.
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 expanses 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 ensured, 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 Pa 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 AND
COINSURANCE
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) (This paragraph dealing with Coinsurance was removed
from Florida policies.)
OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified)
(c) The Company will pay only those costs, attorneys' fees
and expenses incurred in accordance with Section 4 of these
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 LIABILTY
(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
there from, 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 there from, 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 NONCUMULATIVE
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 -t or,
litigation involving these rights or remedies.
If a payment an 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 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 this 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 (This paragraph was modified for Florida
Policies.)
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 Company and
the insured. Arbitrable matters may include, but are not limited to,
any controversy or claim between Company and the insured
arising out of or relating to this policy, and service of 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)
maybe 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. LIABILITY 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, 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 Ticor Title Insurance Company of Florida, Claims
Administration, P.O. Box 45023, Jacksonville, FL 32232-5023.
OP-9 (5/05) ALTA Owner's Policy (10-17-92) (Florida Modified)