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FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED (2) City Attorney's Office Interoffice Correspondence Sheet FROM: Cynthia E. Goudeau, City Clerk ~ Jane C. Hayman, Assistant City Attorney RECEIVED TO: iAN, 1,1 t: "ill!'! .., 1} L, , I CITY CLERK DEPARTMENT COPY: Earl Barrett, Real Estate Manager, Engineering SUBJECT: City of Clearwater purchase from Calvary Baptist Church DATE: January 5, 2001 Enclosed please find the following documents regarding the above-referenced real estate transaction: Original First American Title Insurance Company Owners Title Policy No. F A-35-456235; and Original Warranty Deed that has been recorded in Official Records Book 11071, Page 2036, on October 2,2000, in the Public Records of Pinellas County, Florida, Please call my office if you have any questions. JCH:grh Attachments ' >, " .J I PINELLAH CDUrJ!V, HDRIDF! KAPLEEN F ~ DE HLAKFF: ~ ._~. -,," "'~~""".'''''''" ",,-,--..- -'--'-""-. ....__._--..~~.-,---~....."._--~,.,",.,...,,,.~. .." t/C16():~'j 1 'Fl- ..,.:- PREPARED BY AND RETURN TO: THOMAS C. NASH, II, Esquire Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 (33757) Clearwater, Florida 33756 . i I DED...FIRST H('~PTr:~T CHi..J~.~CH OF OOOO()OOOOO IH: Bf<: t;1"b~ r-nr:. ..ft.'" f~:ECOF:DING 003 PAGES DOC STAMP - DR2,l9 J ,t;', ~''-H TDTAL~ ~;Lf ~ :i4'~lO?5u on j'" CHECI< AMT ~ TENDEPFD: ~ GHrjiiGE: fic ' PV" To' n, rJ;;u ~,i! ; . _~.._,.",.~ ,I}.,,: ~J ,: L;Lr..;.J\. WARRANTY DEED 00-288750 OCT-2-2000 5: 13PM PINELLAS CO 8K 11071 PG 2038 ___J1UlIlIIJlllUIII1l11ILlIIIIIIIIIIIIIIIIIIIIII__~ THIS INDENTURE made this ~ day of September, 2000, between , FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED, a corporation existing under the laws of the State of Florida, having its principal place of business in the County of Pinellas, State of Florida, Party of the First Part, whose mailing address is 311 Cleveland Street, Clearwater, FL 33756 and CITY OF CLEARWATER, FLORIDA, a municipal corporation of the County of Pinellas, in the State of Florida, Party of the Second Part, whose mailing address , (' :< is ":W.lEv 7---'"'" p.C9T~rr .,.~I,~SI:- -"(] J Lih.';. . ,.1 " -- G<S _'_"-.'. {NT ______ City Hall, 112 South Osceola Avenue, Clearwater, FL 33756. WIT N E SSE T H: 'I-:'~~-:'C; _.__-- ,. '---, ~ ,\, ;/II,qQjfion That the said P~rty of the First Part, for and in considera- '-X~id of the sum of Ten Dollars ($10.00) to it in hand paid by the Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Party of the Second Part, forever, the following described land, situate lying and being in the County of Pinellas, State of Florida, to- wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. Subject to 2000 r~al estate taxes, restrictions, reserva- tions and easements of record. Parcel I.D. No. 's 08/29/16/00000/340/0400 / J - o///l--,o I ( , ) I PINELLAS COUNTY FLA, OFF,REC,8K 11071 PG 2037 And the said Party of the First Part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be signed in its name by its President and Chairman of Deacons, and its corporate seal to be affixed, the day and year above written. Signed, in Our Delivered FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED Print By: ~ .(Q~ljLnJ ~ W (SEAL) B. CLI~RD WILLIAMS, III President and Chairman of Deacons 9Ji~~~H~j~ (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PINELLAS that before me personally appeared B. as PRESIDENT AND CHAIRMAN OF DEACONS, of CLEARWATE INCORPORATED, a Florida personally known or who have produced . en 1 lcation, known to me to be the person described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to be his free act and deed as such officer, for the uses and purposes therein expressed, and that he affixed thereunto the official seal of said corporation and the said instrument is the act and deed of said corporation. I HEREBY CERTIFY CLIFFORD WILLIAMS, III, FIRST BAPTIST CHURCH corporation, to me WITNESS my hand and seal at Clearwater this day of September, 2000. Notary Public Print Name My Comm' 119 ~NASHIl '" <'" o~r ~ COMMISSO/NUMBER ~ <( CC817036 ~ f? MY COM:.I\SSION EXPIRES '-" ~ 03 (.' OF f\.o MAR,14,20 H,\Data\REL\BOLLE\CALVARY,DED -2 - ~ . ~ EXHIBIT "A" PINtllAS _ Orr,RtC,SK COUNTY rlA, ---------_____~~071 PG 2038 The North 466.76 feet of South 516.77 feet of East 466.76 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, LESS the South 50 feet conveyed in O.R. Book 3395, page 494, to the City of Clearwater, situated in Pinellas County, Florida. ----~ "0 (TP 10/99) ALTA Owner's Policy (10-17-92) (With Florida Modifications) EXCLUSIONS FROM COVERAGE 1. (a) 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: Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibi'ing 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 'he 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 effec' of any violation of these laws, ordinances or governmental regulations, except to the extent 'hat a notice of the enforcement thereof or a notice of a defec', lien or encumbrance resulling from a violation or alleged violation affecting 'he land has been recorded in 'he public records at Date of Policy, Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 'hereof or a notice of a defect, lien or encumbrance resulling 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. (b) 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 'he Company by the insured claimant prior to the date the insured c1aiman' became an insured under this pol icy; (c) resulling in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulling in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by 'his 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 'ransac'ion crea'ing 'he estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulenUransfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential'ransfer excep' where the preferen'ial transfer resulls from 'he failure: (i) 10 timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgmenl or lien creditor, 1. DEFINITION OF TERMS. The followin~ terms when used in this (lolicy 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 (lurchase incluoing, but not limited '0, heirs, distTlbutees, devisees, survivors, personal representatives, next of kin, or corporate or fiducial)' successors, (b) "Insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, no' constructive knowledge or no'ice which may be imputed to an insured 6y 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 'erm "land" does no' include any property beyond the lines of the area described or referred to in Schedule A, nor any right, ti'lel in'erest, estate or easement in abutting streets, roaas, 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 o'her secuTlty Instrument. (f) "public records"; records established under state statutes a' Date of Policy for the purpose of imparting constructive notice of maUers relatmg to real property, to purchasers for value and withou' Knowledge. With respect to Section l(a)(iv) of the ExclUSIOns From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the Umted States district court for 'he 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 entille 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 delive!y. of marketable 'ille, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of 'his policy shall continue in force as of Da'e of PolIcy in favor of an insured only so long as 'he insured retains an es'ate 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 esta'e or interest in the land, or (ii) an in~ebtedness, secured by a purchase money mortg~e~lven to the Insured, 3. NOTICE OF ClAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promplly in writing (i) in case of any litigation as set forth in Section ~a) oelow, (ii) in case kriowledge 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, CONDITIONS AND STIPULATIONS All information designated as confidential by Ihe insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, i' is necessary in the administra'ion 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 termina'e any liability of the Company under 'hIS policy as to that claIm. 6. OPTIONS TO PAYOR OTHERWISE SETfLE ClAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Pavment of the Amoun' of Insurance, (i) To payor 'ender payment of the amount of insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the insured claimant, which were aulhorized by the Company, up to the time of payment or tender of payment and which the Company- is obligated to pay, (it) Upon the exercIse by the Company of this option, all liability and obligations to 'he insured under this policy, other than to make the payment required, shall terminate, including any liability or obiligatlOn to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation, . ., (b) To Pavor Otherwise Settle With Par'ies O'her than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claIm insured againsl under this policy, logether 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 'he Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any cos's, 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 oblIga'ed to pal' Upon 'he exercise by the Company 0 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 'he paymen's required to be made, shall 'erminate, 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 agains' ac'ual monetary loss or damage sus'ained or incurred by the insured c1aiman' 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 'he Company under 'his policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, If loss should resull 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 agains' by this policy which shall exceed the amount, if any, lost to the Company by reason of 'he impairmen' by the insured claimant of 'he Company's right of subrogation. (b) The Comoany's Ri~hts Al!ainst Non-insured ~ The Company's right of subrogation against non- insured obligors shall exist and shall include, wi'hout 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 righ's by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Assocwtion 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, and 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 shaU 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 havingjurisdiction thereof The law of the situs of the land shall apply '0 an arbitration under the Title Insurance Arbilra'ion 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 endorsemen's, if any, attached hereto by the Company is the entire policy and contrac' 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, whe'her or not based on negligence, and which arises out of 'he sta'us of the title to 'he es'ate or interes' covered hereby or by any action asserting such claim, shall be res'ricted '0 'his policy, (c) No amendmen' of or endorsement to 'his policy can be made excep' by a writing endorsed hereon or attached hereto signed by either the Presiden', a Vice President, 'he Secre'ary, an Assistan, Secretary, or validating officer or au'horized signatory of the Company. FATle-521 First American Title Insurance Company SCHEDULE A Agent's File No.: 114014-4-00 Policy No. FA-35-456235 FATCO-114014 JH Amount of Insurance $ 580,000.00 Date of Policy: Oc tober 2, 2000 05:13:00 PM 1. Name of Insured: CITY OF CLEARWATER, FLORIDA, a Municipal Corporation 2. The estate or interest in the lan~ which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: CITY OF CLEARWATER, FLORIDA, a Municipal Corporation 4. The land referred to in this policy is described as follows: The North 466.76 feet of South 516.77 feet of East 466.76 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, LESS the South 50 feet conveyed in O.R. Book 3395, page 494, to the City of Clearwater, situated in Pine1las County, Florida. MACFARLANE FERGUSON & MCMULLEN 625 COURT STR ET CLEARWATER, By: fP FA TIC-522 First American Title Insurance Company SCHEDULE B Agent's File No.: 114014-4-00 Policy No. FATCQ-114014 JH This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3, Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian 'rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. NOTE: Exceptions numbered 1 through 6 above are hereby deleted, Special Exceptions: 7. The lien of all taxes for the year 2000, and all subsequent years, which are not yet due and payable. 8. Any minerals or mineral rights leased, granted or retained by current or prior owners and which might ca\lse loss or damage for which the Company may be liable by virtue of tfiis policy, or (iii) if 'i'Ie to the estate or interest, as insured, is rejected as unmarke'able. If prompt notice shall no' be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or mallers for which prompt no'ice IS required; provided, however, that failure to notify the Company sliall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then onl}' to the extent of tlie prejudice, 4. DEFENSE AND PROSECUTION OF ACTIONSl DUTY OF INSURED CLAIMANT Tu COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipula'ions, the Company, a' its own cos' 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 ac'ion alleging a defect, lien or encumbrance or other matter insureo agains' by 'his policy, The Company shall have the right to selec' counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as '0 those stated causes of action and shall not be liable for and will not pay the fees of any o'her counsel. The Company will not pay any fees, costs or expenses~incurred by 'he insured in 'he defense of those causes of action which allege matters no' insured against by this policy. (b) The Company shall have the right, at its own cost, to Ins'itute and prosecute any ac'ion or proceeding or to do any olher ac' which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insure'h. or to prevent or reduce loss or damage to the insured. I ne Company may take any appropriate action under the terms of this policy, whetlier or not it shall be liable hereunder, and sliall not thereby concede liability or waive any provision of this policy. If the Company shall exercise ItS righ's under 'liis paragraph, i' shall do so diligently. (c) Whenever 'he Company shall have brought an ac'ion or interposed a defense as required or permitted by the proviSIOns of this policy, 'he Company may pursue any litigation '0 final determination by a court of competent junsdiction and expressly reserves the right, in its sole discre'ion, to appeal from any adverse judgment or order. (i1) In all cases where this policy permits or requires the Company to prosecu'e or proVIde for the defense of any action or proceeding, the, Insured shall secure to the Company 'he 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 'he insured for tliis purpose, Whenever requested by the Company the insured, a' the Company's expense, shall give the, Company ,all reas~Jnable aId (I). in any action or proceedIng, secunng eVIdence, obtaInIng WItnesses, prosecu'ing or defending the action or proceeding, or effecting settlemen', and (in in any other lawful act which in the opinion of the Company may be necessary or desirable to es'ablish 'he title to the es'a'e 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 obligal1on to defend, prosecute, or contInue any litigation, with regard to the matter or mallers requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Sec'ion 3 of these Conditions and S'ipula'ions have been provided the Company, a proof of loss or damage signed and sworn '0 by tlie insured c1aimanl shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to 'he loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the ti,le, or other matter insured against by 'his policy which cons'i'u'es 'he basis of loss or damage and shall sta'e, to the exten' possible, the basis of calculating 'he amount of 'he loss or damage. If the Company is prejudiced by the failure of the insured c1aiman' to provide the required proof of loss or damage, the Company's obligations '0 the insured under the policy shall termInate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to 'he maller or mallers requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required '0 submit to examination under oa'h by any authorized represen'ative of the Company and shall produce for examination, inspection and copying, at such reasonable 'imes 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 i's permission, in writing, for any authorized representa'ive 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. (ii) the difference between the val ue of 'he 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.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Sec'ion 4 of these Conditions and Stipulations, 8, APPORTIONMENT, If the land described in Schedule A consists of 'wo 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 othetwise been agreed upon as to each parcel by 'he Company and the insured at the time of the issuance of this policy and shown by an express statemen' or by an endorsement attached to this policy, 9. LIMITATION OF LIABILITY. (a) If 'he Company establishes the 'itle, or removes the alleged defect, lien or encumbrance, or cures 'he lack of a right of access to or from the land, or cures the claim of unmarketabili'y of title, all as insured, in a reasonably diligent manner by any method, including li'iga'ion and the comple'ion of any appeals 'herefrom, 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 'he Company or with the Company's consent, the Company shall have no liability for loss or damage until 'here has been a final determina'ion 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 'he insured in settling any claim or suit without 'he prior wrillen consent of the Company, 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, allorneys' fees and expenses, shall reduce 'he amount of the insurance pro tanto, 11. LIABILITY NONCUMUIATIVE. It is expressly understood that the amoun' 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 'aken 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 in'erest 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 endorsemen' of the payment unless 'he policy has been los' or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and 'he ex'ent of loss or damage has been definilely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days 'hereaf'er, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT, (a) The Comoanv's Ri!!ht of Subro!!ation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in 'he Company unaffec'ed by any act of the insured claimant. The Company shall be subrogated to and be entitled '0 all righ's and remedies which the insured c1aiman' would have had against any person or property in respec' to the claim had this policy no' been issued, If requested by the Company, 'he insured claimant shall transfer '0 the Company all righ's and remedies agains' any person or property necessary in order to perfect this right of subrogation, The insured c1aiman' 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 'he loss of the insured claimant, the Company shall be subroga'ed to these rights and remedies in 'he proportion which the Company's payment bears to the whole amount of the loss. 16, SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not '0 include that provision anduall 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 wri'ing required to be furnished the Company shall include the number of 'his policy and shall be addressed to the Company, Allention: Claims Department, 1 First American Way, San'a Ana, California 92707,