HomeMy WebLinkAboutCity Atty Letter dated 11/18/2013 iLD BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
111 N.Orange Ave.,Suite 2000
P.O.Box 2873 Anthony A. Garganese
Board Certified City,County&Local
Orlando,Florida 32802-2873 Government Law
Phone(407)425-9566
Fax(407)425-9596 agarganese@orlandolaw.net
November 18, 2013
Angela M. Apperson, MMC
Assistant City Manager/City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Re: Purchase of Real Property from Cape Canaveral Volunteer Fire Department, Inc.
190 Jackson Avenue
Our File No. 513-001(2011.4.5)
Dear Ms. Apperson:
With respect to the purchase of real property referenced above, please find enclosed the
.ry following documents for safekeeping:
1. Original recorded Special Warranty Deed (O.R. 6993/2470)
2. Original recorded Corporate Resolution (O.R. 6993/2472)
3. Original Closing Statement
4. Original Bill of Sale
5. Copy of Further Assurance Agreements (2)
6. Copy of Affidavit of No Liens
7. Original Certificate of Non-Foreign Status
8. Original Hazardous Substance Affidavit
9. Original Lease Agreement
10. Original Old Republic National Title Insurance Company Owner's Policy No.
OXFL-08209734.
}
It was a pleasure assisting the City with this matter, and should you have any questions,
please do not hesitate to contact our office.
Ft.Lauderdale(954) 670-1979•Kissimmee(321)402-0144•Cocoa(866)425-9566
Website:www.orlandolaw.net•Email: firm@orlandolaw.net
Angela M. Apperson, MMC
November 18, 2013
Page 2
Si �=
3 f
ony • . Garganese
City Attorney
Enclosures
cc: David L. Greene, City Manager
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CFN 2013231512 OR BK 6993 PAGE 2470,
Recorded 10/21/2013 at 02 18 PM.Scott Ellis,Clerk of
Prepared by and return to: Courts.Brevard County
\ij
Anthony A.Garganese,Esq. Doc D.80.70 #Pgs.2
Brown,Garganese,Weiss&D'Agresta,P.A.
P.O.Box 2873
Orlando,FL 32802-2873
Parcel ID: 24-37-23-CG-00025.0-0007.00
24-37-23-CG-00025.0-0015.00
SPECIAL WARRANTY DEED / /
THIS SPECIAL WARRANTY DEED is made as of the day of c 1C1�%1,/ ,2013,
by and between CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC.,a Florida
non-profit corporation,("Grantor")whose mailing address is 190 Jackson Avenue,Cape Canaveral,
FL 32920,and,the CITY OF CAPE CANAVERAL,a Florida municipal corporation,("Grantee")
whose address is 105 Polk Avenue, Cape Canaveral, FL 32920. (Wherever used herein the term
"Grantor" and "Grantee" include all the parties to this instrument and the successors and assigns of
corporations.)
WITNESSETH: That Grantor,for and consideration of the sum of Ten and No/100 Dollars
($10.00), to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee, and Grantee's heirs,
successors and assigns forever,the parcel of land situate, lying and being in the County of Brevard,
State of Florida, and more particularly described as follows (the "Property"):
Lots 7, 8, 15 and 16,Block 25 AVON BY THE SEA,a subdivision according to the
plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County,
Florida.
COVENANT: The Grantee shall construct a new fire station on the property in
accordance with the Plans and Specifications approved by the City,and prepared by
Baskerville-Donovan, Inc., dated July 8,2013, as may be subsequently amended by
the Grantee ("New Fire Station"). Should the Grantee fail to construct a New Fire
Station on the property within three (3) years of the recording date of this Deed or
forms its own fire department or contracts with or utilizes another source for fire
protection other than Grantor within twenty(20)years from the date that a certificate
of occupancy has been issued by the City of Cape Canaveral's Building Official for
the New Fire Station, then the Grantee shall pay the Grantor, or its successor or
assigns,the appraised value of the Property(excluding any improvements constructed
by the Grantee thereon,including,but not limited to,the New Fire Station)within six
(6) months of the date of the event that gives rise to the Grantee's obligation
hereunder. The appraised value shall be determined by the average of two (2)
appraisals performed by two(2)Florida certified appraisers,one selected by Grantor
and one selected by Grantee. The Grantee shall pay the costs of both appraisals.
After twenty (20) years from the date that the certificate of occupancy is issued for
the New Fire Station,this covenant shall automatically expire and the Grantee shall
own the Property free and clear.
-JiN,
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.
SUBJECT TO reservations, covenants, restrictions, easements of record, which reference
hereto shall not operate to reimpose same, and taxes for the current year; and
AND Grantor, for itself and its successors, hereby covenants with Grantee and Grantee's
heirs, successors and assigns that it is lawfully seized of the Property in fee simple;that it has good
right and lawful authority to sell and convey the Property;that it hereby specially warrants the title to
the Property and will defend the same against the lawful claims of all persons claiming,by through
or under Grantor only.
IN WITNESS WHEREOF,GRANTOR has hereunder set its hand and seal the day and year
first above written.
Signed, sealed and delivered CAPE CANAVERAL VOLUNTEER
in the presence of: FIRE DEPARTMENT, INC., a Florida
non-p • corpora 'on /
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,ai,k," By: ,���
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/ (signature) David Sargea , Chief Exec A ,'ve Officer
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J�-Ake C . os5
(pr nt name) Address: 190 Jackson Avenue
Cape Canaveral, FL 32920
v-1,-, .1‘' M' n \-•,N4.—..
(si ature) \\
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(print name)
STATE OF FLORIDA
1 COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of (e>44--/ ,
i 2013, by David Sargeant, Chief Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT,INC.,a Florida non-profit corporation(check one) who is personally known to
me or ❑ who produced /2/0.._ as ident' cation.
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CFN 2013231513,OR BK 6993 PAGE 2472,
Recorded 10/21/2013 at 02:18 PM,Scott Ellis,Clerk of
Courts.Brevard County
Prepared by: #Pgs:2
Brian M.Teek
190 Jackson Ave.
Cape Canaveral,FL 32920
Return to:
Anthony A.Garganese,Esq.
P.O.Box 2873
Orlando,FL 32802-2873
CORPORATE RESOLUTION
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC.
I HEREBY CERTIFY that I,BRIAN M.TEEK,am the duly elected and qualified Secretary
of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC.,a Florida non-profit
corporation(the"Seller"),and the keeper of the records and corporate seal of the Seller,and that the
following is a true and correct copy of preambles and resolutions duly adopted by written consent in
lieu of a meeting by the Board of Directors of the Seller held in accordance with the Articles of
Incorporation,and Bylaws of the Seller and Florida Statutes.
WHEREAS,the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC., is the
seller under that certain Agreement for Deed (the "Contract"), by and between the Seller and the
CITY OF CAPE CANAVERAL,FLORIDA, (the"Buyer")dated January 17,2012,for the sale of
certain real property in Brevard County, Florida and more particularly described as follows:
Lots 7, 8, 15 and 16,Block 25,AVON BY THE SEA,a subdivision
according to the plat thereof recorded in Plat Book 3, page 7, Public
Records of Brevard County, Florida.
I FURTHER CERTIFY that the resolutions set forth below are in full force and effect and
have not been altered, modified or rescinded.
RESOLVED that the terms of the Contract are hereby ratified and
approved by the Seller; and
BE IT FURTHER RESOLVED that David Sargeant, the Chief
Executive Officer of the Seller, is hereby authorized, directed, and
empowered, on behalf of the Seller to execute the Special Warranty
• Deed,Closing Statement and any and all other documents necessary
to the proper closing of the transaction.
BE IT FURTHER RESOLVED that the aforesaid officer of the Seller
is hereby authorized,empowered and directed to execute any and all
other documents and to take whatever other action he deems
necessary or desirable to carry out the intent of the foregoing.
41)
BE IT FURTHER RESOLVED that neither the Articles of
Incorporation nor Bylaws of the Seller prohibit the proposed
execution of all documents of security in connection therewith.
IN WITNESS WHEREOF,I have hereunaffixed m name as Secretary, and have caused
the corporate seal to be hereunto affixed,this day of 2c , 2013.
WITNESSES: CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a Florida non-profit
OCorporation
(signature)
n �r �
r i et, m /l-(iO rsdn B
(prrn ame) :rian M. Teek, :ecretary
(signs re) % "t.? jf^9 . ,
it (CORPORATE SEAL) ,' ` ��
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(print name) `s r`
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STATE OF FLORIDA a .a t1
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COUNTY OF BREVARD ;,
The foregoing instrument was acknowledged before me this e day of ae/o e. ,
2013, by Brian M. Teek the Secretary of CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT,INC.,a Florida non-profit corporation(check one)o who is personally known to
me or 4ho produced Fe. a.re,'tic iatSe as identification.
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MIA GOFORTH Notary Public _
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Nolary Public.81sto of FloridPrint Name:��fiy-�Ot= ry My Comm.Expires May 16.201
My Commission expires: !77 /G 2cv 7
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BROWN, GARGANESE, WEISS&D'AGRESTA, P.A.
111 N. Orange Ave., Suite 2000
Orlando, FL 32801
CLOSING STATEMENT AND DISBURSEMENT SHEET
SELLER : CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.
BUYER CITY OF CAPE CANAVERAL, FLORIDA
PROPERTY
DESCRIPTION : Lots 7, 8, 15 and 16, Block 25, AVON BY THE SEA, a subdivision
according to the plat thereof recorded in Plat Book 3, page 7, Public
Records of Brevard County, Florida.
CLOSING DATE : October 15, 2013
CONTRACT : AGREEMENT FOR DEED DATED JANUARY 17, 2012
PURCHASE PRICE: CREDIT SELLER CREDIT BUYER
Purchase Price - DONATION $0.00
Deposit
Cash at Closing
Adjusted Total $0.00 $0.00
EXPENSES: CHARGE SELLER CHARGE BUYER
Recording Deed $18.50
Documentary Stamps on Deed $0.70
Recording Corporate Resolution $18.50
Title Search POC
Owner's Title Insurance Premium (value $1,295.50
based on $244,030)
I
I
TOTAL $0.00 $1,333.20
RECAPITULATION
Seller Buyer
Cash at Closing $0.00 Cash at Closing $0.00
Plus: Deposit $0.00 Plus: Expenses $1,333.20
Less: Expenses $0.00
TOTAL CASH DUE TOTAL CASH DUE
TO SELLER: $0.00 FROM BUYER: $1,333.20
CASH DUE FROM BUYER WILL BE PAID TO THE CLOSING AGENT, BROWN,
GARGANESE, WEISS & D'AGRESTA, P.A., WHO WILL HANDLE THE CLOSING AND
RELATED DISBURSEMENTS.
Page 2 of 4
APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET;
INSTRUCTIONS TO CLOSING AGENT
Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing
Statement and Disbursement Sheet,agree that said documents accurately reflect the substance of the
financial aspects of the transaction contemplated by the Contract,and each hereby approve and direct
Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner,
amounts and to the persons hereinabove set forth.
In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as
aforesaid, the parties understand and agree that in the event that the actual expense is less than the
estimate,the party which paid the same will be refunded the difference between the estimate and the
actual expense and agree that if the actual expense is more than the estimate, the party which paid
the same shall be required to pay the actual expense over and above the estimate.
SELLER:
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a Florida non-profit
corporation I
ve
By: i
David Sarge,nt, Chief E S cutive Officer
Date: q(0 cd , 2013
Page 3 of 4
APPROVAL OF CLOSING STATEMENT AND DISBURSEMENT SHEET;
INSTRUCTIONS TO CLOSING AGENT
Seller and Buyer hereby acknowledge that they have read and approved the foregoing Closing
Statement and Disbursement Sheet,agree that said documents accurately reflect the substance of the
financial aspects of the transaction contemplated by the Contract,and each hereby approve and direct
Closing Agent's disbursement of the proceeds and expenses of the subject transaction in the manner,
amounts and to the persons hereinabove set forth.
In the case of estimated closing costs and expenses directed to be paid by the Closing Agent, as
aforesaid, the parties understand and agree that in the event that the actual expense is less than the
estimate,the party which paid the same will be refunded the difference between the estimate and the
actual expense and agree that if the actual expense is more than the estimate, the party which paid
the same shall be required to pay the actual expense over and above the estimate.
BUYER:
CITY OF CAPE CANAVERAL, FLORIDA
By: 3 j..# .l '7.. lel
David L. Greene, City Manager
Date: October 9 , 2013
Page 4 of 4
BILL OF SALE
Know All Men by These Presents, that CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT,INC., a Florida non-profit corporation (the"Seller"),for and in consideration of
the sum of Ten and 00/100 ($10.00) Dollars lawful money of the United States and other valuable
consideration,to it paid by the CITY OF CAPE CANAVERAL, FLORIDA(the "Buyer"),the
receipt whereof is hereby acknowledged,has granted,bargained,sold,transferred and delivered,and
by these presents does grant,bargain,sell,transfer and deliver unto the Buyer,their successors,and
assigns,the following goods and chattels:
ALL EQUIPMENT AND FIXTURES AFFIXED TO THE REAL PROPERTY
AND BUILDINGS LOCATED AT 190 JACKSON AVENUE, CAPE
CANAVERAL,FLORIDA INCLUDING,BUT NOT LIMITED TO,ALL AIR
CONDITIONING AND HEATING EQUIPMENT,PLUMBING FIXTURES,
AND SHED.
The property is being sold and purchased "AS IS" WITH NO WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING NO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller makes no
representation of any type,either express or implied,as to the physical condition or history of
the Property.
To Have and to Hold the same unto the Buyer, and its successors and assigns forever.
AND Seller does covenant to and with the Buyer,and its successors,and assigns,that it is the
lawful owner of the said goods and chattels; that they are free from all encumbrances; that it has
good right to sell the same aforesaid,and that it will warrant and defend the sale of the said property,
goods and chattels hereby made,unto the Buyer, and its successors, and assigns against the lawful
claims and demands of all persons whomsoever.
In Witness Whe eof, Seller has executed this Bill of Sale, with all required authority,this
t day of 0((/' , 2013.
I
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1
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Signed, Sealed and Delivered
in the Presence of Witnesses: CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a Florida
non-profit co ,oratio
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Ar 4..011111.1
OBy: •AO
ature David Sarge. , Chief E. Officer
Pripted Signature 1
Si Nature
Printed Signature
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 4714 day of
Ccbc% , 2013, by David Sargeant, Chief Executive Officer, of CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT,INC.,a Florida non- rofit corporation,(check one)eci4ho is
personally known to me or ❑ who produced ' � as identification.
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Print Name: ,%-)7/.
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SELLER • CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC., a Florida non-profit corporation
BUYER • CITY OF CAPE CANAVERAL, FLORIDA
PROPERTY
DESCRIPTION • Lots 7, 8, 15 and 16, Block 25, AVON BY THE SEA, a
subdivision according to the plat thereof recorded in Plat Book 3,
page 7, Public Records of Brevard County, Florida.
CLOSING DATE • October 15, 2013
FURTHER ASSURANCES AGREEMENT
For and in consideration of the Closing Agent disbursing proceeds of this Sale,and in order to insure
the accuracy of settlement statements,deeds,mortgages and other documents of closing in this transaction,
the undersigned do mutually agree to cooperate,adjust,initial,re-execute and re-deliver any and all closing
documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention
of the undersigned that all documentation for this transaction and all payments or disbursements made shall
be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses
contemplated by their agreement and/or dictated by custom and usage in this area.
The undersigned do hereby agree and covenant to assure that this transaction and its documentation
will conform to the parties'agreement and it is understood that Closing Agent will rely upon this agreement
and the covenants herein in closing this transaction.
Further,for services performed pursuant to this Agreement,SELLER and BUYER each agree to the
fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees,
officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable
attorneys' fees through any and all administrative,trial,post judgment and appellate proceedings),directly
or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from the failure of either party to meet its obligation under this agreement.
In the event additional documents are required to be executed or revised to complete the terms and
conditions of the closing,Buyer and Seller agree to cooperate with each other and Brown,Garganese,Weiss
&D'Agresta,P.A.
WITNESSES: SELLER:
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT,INC. Fl/ ida non-profit
torpor 1
_ David Sargeant, hief Ex- u ve Officer
nt)
`(Y1 9 T tee,
p i ori . n\ R L
(print)
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 44-/ day of f ,2013,by David Sargeant,Chief Executive Officer of CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit corporation (check one) IE—Who
is personally known to me or ❑ who produced as
identification.
A:: Mia GOFORrfI NOTARY PUB)
s Notary Public-State of Florida Print name: 7/2,' � .7i f�
My Comm.Expires May 16, My Commission Expires:
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2
SELLER • CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC., a Florida non-profit corporation
BUYER : CITY OF CAPE CANAVERAL, FLORIDA
PROPERTY
DESCRIPTION • Lots 7, 8, 15 and 16, Block 25, AVON BY THE SEA, a
subdivision according to the plat thereof recorded in Plat Book 3,
page 7, Public Records of Brevard County, Florida.
CLOSING DATE • October 15, 2013
FURTHER ASSURANCES AGREEMENT
For and in consideration of the Closing Agent disbursing proceeds of this Sale,and in order to insure
the accuracy of settlement statements,deeds,mortgages and other documents of closing in this transaction,
the undersigned do mutually agree to cooperate,adjust,initial,re-execute and re-deliver any and all closing
documents if deemed necessary or desirable in the reasonable discretion of Closing Agent. It is the intention
of the undersigned that all documentation for this transaction and all payments or disbursements made shall
be an accurate reflection of the parties' agreement; that each party should pay all costs and expenses
contemplated by their agreement and/or dictated by custom and usage in this area.
The undersigned do hereby agree and covenant to assure that this transaction and its documentation
will conform to the parties' agreement and it is understood that Closing Agent will rely upon this agreement
and the covenants herein in closing this transaction.
Further,for services performed pursuant to this Agreement,SELLER and BUYER each agree to the
fullest extent permitted by law, to indemnify and hold harmless the Closing Agent and its employees,
officers, and attorneys from and against all claims, losses, damages, or liability (including reasonable
attorneys' fees through any and all administrative,trial,post judgment and appellate proceedings),directly
or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or
resulting from the failure of either party to meet its obligation under this agreement.
In the event additional documents are required to be executed or revised to complete the terms and
conditions of the closing,Buyer and Seller agree to cooperate with each other and Brown,Garganese,Weiss
&D'Agresta, P.A.
WITNESSES: BUYER:
CITY OF CAPE CANAVERAL,FLORIDA
Izja,
\M( r, t `�-t. By: D0,.4 I- )-.1
` David L. Greene, City Manager
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ive
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
Uetee he/ , 2013, by David L. Greene, City Manager of the CITY OF CAPE
CANAVERAL, FLORIDA, (check one) 2-Who is personally known to me or ❑ who produced
as identification.
t.
NOTARY PUBLI�
MIA GOFORTM Print name: ,% iA9 CO�fi1
;ro`' Y P�Bf•'•. Notary Public-State of Florida
• � My Comm.Expires May 16.2017 My Commission Expires:/ /i� i7
%a s'c�� Commission # EE 866939
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f„n.a AWL
2
AFFIDAVIT OF NO LIENS
(Seller)
STATE OF FLORIDA
COUNTY OF BREVARD
BEFORE ME, the undersigned authority authorized to take oaths and administer
acknowledgments,personally appeared DAVID SARGEANT,the Chief Executive Officer of CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a Florida non-profit corporation,
("Affiant"), who was duly sworn under penalties of perjury, states as follows:
1. Affiant represents that the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC., ("Owner") is currently the fee simple owner of the property described in the
Commitment for Title Insurance attached hereto as Exhibit "A" and incorporated by
reference, and he has personal knowledge of the matters noted herein.
2. Affiant is not aware of any defects,liens, encumbrances,or other adverse matters affecting
title, other than those disclosed in the attached Commitment.
3. That no persons or entities other than Owner is entitled to the right of possession or are in
possession of the land, and that Owner's right to title and possession of the land is not in
dispute or question, and there are no tenancies, leases, or other occupancies that affect the
property.
4. There are no disputes concerning the location of the boundary lines of the property and there
are no easements or claims of easements not shown by the public records.
5. There are no outstanding or unpaid taxes, assessments, fees, or obligations of any nature
owed to any governmental authority at this time (pending or certified) or any unpaid or
unsatisfied mortgages,claims of lien or other matters that constitute or could constitute a lien
or encumbrance against the property or any improvements on it or any part of it or against
any personal property located on it,other than real property ad valorem taxes for the current
year, if applicable.
6. That there are no actions,proceedings,judgments,liens or executions against said Owner in
any court remaining unpaid which affect the property;that there are no suits pending against
said Owner in any court.
7. Owner is not part of any bankruptcy proceeding 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.
8. That no work has been done or materials furnished to the land for the past ninety(90)days
which could give rise to construction liens being imposed under the provisions of Florida
Statutes Chapter 713, Part I.
9. Owner has not and will not execute any instrument or do any act whatsoever which could or
might in any way affect the title to the foregoing property to the detriment of the CITY OF
CAPE CANAVERAL, FLORIDA, who is purchasing the property from Owner.
10. That said Affiant recognizes that some of the purposes of this affidavit are to induce the
CITY OF CAPE CANAVERAL, FLORIDA, to purchase said property.
11. Affiant is aware that OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY and
BROWN, GARGANESE,WEISS&D'AGRESTA,P.A.,are relying upon this Affidavit to
issue a title insurance policy in accordance with the aforesaid Commitment. Affiant does
hereby indemnify and hold harmless OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY and BROWN,GARGANESE,WEISS&D'AGRESTA,P.A.,against any loss
or damage,including reasonable attorneys' fees and costs,through all appellate proceedings,
caused as a result of any material false statements contained in this Affidavit.
12. This Affidavit is given for the purpose of clearing any possible questions or objections to the
title to the above referenced property, and for the purpose of inducing OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY and BROWN, GARGANESE, WEISS &
D'AGRESTA,P.A.,to issue title insurance on the subject property,with the knowledge that
said title company is relying upon the statements set forth herein.
13. Affiant is familiar with the nature of an oath and with the penalties as provided by the laws
of the United States and the State of Florida for falsely swearing to statements made in an
instrument of this nature. Affiant has read, or heard read,the full facts of this Affidavit and
understands its context.
Affiant has caused this Affidavit to be executed this f -4 day of Oc , 2013.
CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a Florida non-profit
corporation
la)
By:
David Sargeant, C 'ef Executive Officer
SWORN TO and subscribed before me this - day of 674ze,--- ,2013,by David
Sargeant,Chief Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC., (check . one) Ely'
who is personally known to me or r ❑ who produced
/24— as identification.
MI
�- A G0FORTH Notary Public - tate of Florida
:: = Notary Public-State of Florida Print Name: /32i,9-C �f.✓LT�
11• • My Comm.Expires May 16.201?
:= Commission S EE 666936
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2
Old Republic National Title Insurance Company
2300 Maitland Center Parkway#140
Maitland,Florida 32751
SCHEDULE A
FILE NO.: 11023007 ABE
Agent File#(513-001)2011
Revised: October 7,2013
County: Brevard
1. Effective Date: July 18,2013 at 8:00 A.M.
2. Policies to be Issued: Proposed Amount of Insurance:
(a) ALTA 2006 OWNER'S POLICY Amount: $244,030.00
(with Florida Modifications)
Proposed Insured:
City of Cape Canaveral,Florida, a Florida municipal corporation
(b) ALTA 2006 LOAN POLICY Amount:
(with Florida Modifications)
Proposed Insured: Premium: $
N/A
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
Cape Canaveral Volunteer Fire Department,Inc.,a non profit corporation
5. The land referred to in this Commitment is described as follows:
Lots 7, 8, 15 and 16,Block 25,Avon By The Sea,a subdivision according to the plat thereof recorded at Plat
Book 3,Page 7,in the Public Records of Brevard County,Florida.
EXHIBIT
ALTA COMMITMENT Page 1
8
FILE NO.: 11023007
SCHEDULE B-SECTION I
REQUIREMENTS
Requirements:
1. Payment of the full consideration to,or for the account,of,the grantors or mortgagors.
2. Instrument(s)necessary to create the estate or interest to be insured must be properly executed,delivered and
duly filed for record:
a) Special Warranty Deed from Cape Canaveral Volunteer Fire Department,Inc.,a non profit corporation to
the proposed insured.
3. Other instruments which must be properly executed,delivered and duly filed for record,and/or other matters
which must be furnished to the company:
a) The agent must:
(1)Determine that Cape Canaveral Volunteer Fire Department,Inc.,is in good standing in the state of
its formation.
NOTE: All recording references in this commitment/policy shall refer to the Public Records of Brevard
County, unless otherwise noted.
SCHEDULE B SECTION II IS CONTINUED ON AN ADDED PAGE
ALTA COMMITMENT Page 2
FILE NO.: 11023007
SCHEDULE B-SECTION II
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Defects,liens,encumbrances,adverse claims or other matters,if any created,first appearing in the Public Records or
attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term"encroachment:includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments on the Land of existing
improvements located on adjoining land.
3. Rights or claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of
record.
5. Easements or claims of easements not shown by the public records.
6. General or special taxes and assessments required to be paid in the year 2011 and subsequent years.
7. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder,including submerged,filled or artificially exposed lands and lands accreted to such lands.
8. State road right reservations(s),if any.
9. Oil,gas and mineral right reservations,if any.
10. Any lien provided by County Ordinance or by Ch. 159,F.S.,in favor of any city,town,village or port authority,
for unpaid service charges for services by any water systems,sewer systems or gas systems serving the land
described herein;and any lien for waste fees in favor of any county or municipality.
11. All matters contained on the Plat of Avon By The Sea,as recorded in Plat Book 3,Page 7.
12. Reservations and conditions as set forth in Special Warranty Deed recorded in O.R.Book 489,Page 143,together with
Release of Reverter recorded in O.R.Book 5568,Page 8207.
Note: Taxes for the year 2013 became a lien on the land January 1st although not due or payable until
November 1st of said year. Taxes for the year 2012 are Paid. Tax ID Number 24-37-23-CG-00025.0-0007.00
and 24-37-23-CG-00025.0-0015.00.
Note: The following is for informational purposes only and will not appear in the policy to be issued: The
following deed(s)affecting the land described in Schedule A hereof cover a minimum twenty-four month
period prior to the effective date of this commitment:
O.R.Book 489,Page 143;O.R.Book 1232,Page 918;O.R Book 1696,Pages 425,426 and 428.
ALTA COMMITMENT Page 3
CERTIFICATE OF NON-FOREIGN STATUS
STATE OF FLORIDA
COUNTY OF BREVARD
Section 1445 of the Internal Revenue Code provides that a TRANSFEREE (City of Cape
Canaveral, Florida) of a U.S. real property interest must withhold tax if the TRANSFEROR is a
foreign person. To inform the TRANSFEREE that withholding of tax is not required upon the
disposition of a U.S. real property interest by CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a Florida non-profit corporation (hereinafter referred to as
"TRANSFEROR"), the undersigned hereby certifies the following as TRANSFEROR:
1. TRANSFEROR is not a foreign person, foreign corporation, foreign partnership,
foreign trust,or foreign estate(as those terms are defined in the Internal Revenue Code and Income
Tax Regulations); and
2. TRANSFEROR'S Federal Tax Identification number is: 59-6151067
3. TRANSFEROR'S address is: 190 Jackson Avenue,Cape Canaveral,Florida 32920.
TRANSFEROR understands that this certification may be disclosed to the Internal Revenue
Service by TRANSFEREE and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under penalties of perjury, I declare that I have examined this certification and to the best
of my knowledge and belief it is true, correct, and complete, and I further declare that I have
authority to sign this document as TRANSFEROR.
DATED this �� day of CJ J2— , 2013.
CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a Florida
non-profit corporation
By:
..,
David Sargeant, ief Exec ji fficer
1
SWORN TO and subscribed before me this day of a 71e,- , 2013,by David
Sargeant,Chief Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,
INC., a Florida non-profit corporation (check one) who is personally known to me or 0 who
produced i2 � as identification.
Notary Public - ate of Florida
MIA GOFORTH ' Print Name: ,-;2C:.---7674-1,/,e,--'9
•.;<<�: Notary Public State of Florida
f
'fyl My Comm.Expires May 16.2017
, F`�P; Commission!EE 866939
''�/“Pil Bonded Through National Notary bin.
•2
HAZARDOUS SUBSTANCE AFFIDAVIT
STATE OF FLORIDA
COUNTY OF BREVARD
BEFORE ME, the undersigned authority, personally appeared David Sargeant, Chief
Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC., a Florida
non-profit corporation,("Seller"),and who,in order to induce the CITY OF CAPE CANAVERAL,
FLORIDA, ("Buyer"), to close the purchase of the real property more particularly described as
follows:
Lots 7, 8, 15 and 16,Block 25,AVON BY THE SEA,a subdivision according to the
plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County,
Florida.
(the "Real Property"), being duly sworn, deposes and states as follows:
A. Hazardous Substances. Seller hereby represents to Buyer that to the best of its •
knowledge there has not been and there is not: (i) any presence of :_ _ _.. . :: . _ . y
hazardous substance (as hereinafter defined) on the Real Property, (ii) any generation, r40441t.)
use, reuse, sale, storage, handling, transport and/or disposal of - . . . . .. .
hazardous substance on the Real Property, or (iii) any failure to comply with any applicable local,
state or federal laws, regulations, ordinances or administrative or judicial orders relating to the
e ration, recycling, use, reuse, sale, storage, handling, transport and/or disposal of my-.
reel-any hazardous substances on the Real Property. As used herein, the term
hazardous substance" means any substance or material defined or designated as hazardous or
toxic waste material or substance or petroleum product or asbestos or PCBs or other similar
term(s) by any federal, state or local law, statute, regulation, rule or ordinance.
FURTHER AFFIANT SAYETH NOT.
CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMEN , INC., a Florida
non-p s •.ora 'o
By:
/`
David Sargea v,t, Chief . e tive Officer
41
SWORN TO AND SUBSCRIBED before me this day of617/;kr- , 2013,
by David Sargeant, Chief Executive Officer of CAPE CANAVERAL VOLUNTEER FIRE
DEPARTMENT, INC., a Florida non-pro t corporation, (check one) E who is personally known
to me or ❑ who produced as identification.
G
tary Public _
— ' — — -- Print Name: ✓ i1 i /f/
a••'"" MIA GOFORTH
My Commission Expires://�,i./�� zw/7
Notary Public-State of Florida•tir%
-I My Comm.Expires May 16.2017
Commission i EE 888939
.° •`�, Bonded Through National Notary Am,
2
4
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
Policy Number OXFL-08209734 File Number: 513-001(11.4.5)
* *
* ** Issued by Old Republic National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
* ** of the Conditions.
*
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota corporation(the"Company")insures,
as of Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of:
1.Title being vested other than as stated in Schedule A.
2.Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from
(a)A defect in the Title caused by
(i)forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii)failure of any person or Entity to have authorized a transfer or conveyance;
(iii)a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv)failure to perform those acts necessary to create a document by electronic means authorized by law;
(v)a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi)a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c)Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land
onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3.Unmarketable Title.
4.No right of access to and from the Land.
5.The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,
regulating,prohibiting,or relating to
(a)the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c)the subdivision of land;or
(d)environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to
the extent of the violation or enforcement referred to in that notice.
In Witness Whereof OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A,the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned: BROWN,GARGANESE,WEISS&D'AGRESTA,P.A.
111 N ORANGE AVENUE,#2000 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
ORLANDO,FL 32802-2873 A Stock Company
PHONE:407-425-9566
400 Second Avenue South,Minneapolis,Minnesota 55401
(612)371-1111
'r President
Autl: ir. ! er or l is • -d Agent By
ORT Form 4309 FL �(�c�{� `� /q/
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Attest �� . Secretary
1
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a)as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or
(b)because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(i)to be timely,or
(ii)to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been tiled or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (b)not Known to the Company,not recorded in the Public
this policy,and the Company will not pay loss or damage,costs, Records at Date of Policy,but Known to the Insured Claimant
attorneys'fees,or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1. (a)Any law,ordinance,permit,or governmental regulation Insured under this policy;
(including those relating to building and zoning)restricting, (c)resulting in no loss or damage to the Insured Claimant;
regulating,prohibiting,or relating to (d)attaching or created subsequent to Date of Policy;or
(e)resulting in loss or damage that would not have been
(i)the occupancy,use,or enjoyment of the Land; sustained if the Insured Claimant had paid value for the Title.
(ii)the character,dimensions,or location of any
improvement erected on the Land; 4.Any claim,by reason of the operation of federal bankruptcy,state
(iii)the subdivision of land;or insolvency,or similar creditors'rights laws,that the transaction
(iv)environmental protection; vesting the Title as shown in Schedule A,is
or the effect of any violation of these laws, (a)a fraudulent conveyance or fraudulent transfer;or
ordinances,or governmental regulations. This (b)a preferential transfer for any reason riot stated in Covered
Exclusion 1(a)does not modify or limit the Risk 9 of this policy.
coverage provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b)does 5.Any lien on the Title for real estate taxes or assessments imposed
not modify or limit the coverage provided under Covered Risk 6. by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
2.Rights of eminent domain.This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown in
the coverage provided under Covered Risk 7 or 8. Schedule A.
3.Defects,liens,encumbrances,adverse claims,or other matters
(a)created,suffered,assumed,or agreed to by the Insured
Claimant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications)
Page 2
CONDITIONS
1.DEFINITION OF TERMS purchase,lease,or lend if there is a contractual condition requiring
The following terms when used in this policy mean: the delivery of marketable title.
(a)"Amount of Insurance": The amount stated in Schedule A,as may
be increased or decreased by endorsement to this policy, increased 2. CONTINUATION OF INSURANCE
by Section 8(b),or decreased by Sections 10 and 11 of these Conditions. The coverage of this policy shall continue in force as of Date of
(b)"Date of Policy": The date designated as"Date of Policy" in Policy in favor of an Insured,but only so long as the Insured retains
Schedule A. an estate or interest in the Land,or holds an obligation secured by
(c)"Entity": A corporation,partnership,trust,limited liability a purchase money Mortgage given by a purchaser from the Insured,
company,or other similar legal entity. or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
(d)"Insured": The Insured named in Schedule A. shall not continue in force in favor of any purchaser from the
(i)The term"Insured"also includes Insured of either(i)an estate or interest in the Land,or(ii)an
(A)successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the
distinguished from purchase,including heirs,devisees,survivors, Insured.
personal representatives,or next of kin;
(B)successors to an Insured by dissolution,merger,consolidation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution,or reorganization; The Insured shall notify the Company promptly in writing(i)in case
(C)successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5(a)of these Conditions,(ii)
Entity; in case Knowledge shall come to an Insured hereunder of any claim
(D)a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title,as insured,and that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
(1)if the stock,shares,memberships,or other equity by virtue of this policy,or(iii)if the Title,as insured,is rejected as
interests of the grantee are wholly-owned by the Unmarketable Title. If the Company is prejudiced by the failure of
named Insured, the Insured Claimant to provide prompt notice,the Company's
(2)if the grantee wholly owns the named Insured, liability to the Insured Claimant under the policy shall be reduced
(3)if the grantee is wholly-owned by an affiliated to the extent of the prejudice.
Entity of the named Insured,provided the affiliated 4. PROOF OF LOSS
Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of
by the same person or Entity,or loss or damage,the Company may,at its option,require as a condition
(4)if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss.
created by a written instrument established by the The proof of loss must describe the defect,lien,encumbrance,or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes. basis of loss or damage and shall state,to the extent possible,the
(ii)With regard to(A),(B),(C),and(D)reserving,however,all rights basis of calculating the amount of the loss or damage.
and defenses as to any successor that the Company would have had
against any predecessor Insured. 5. DEFENSE AND PROSECUTION OF ACTIONS
(e)"Insured Claimant": An Insured claiming loss or damage. (a)Upon written request by the Insured,and subject to the options
(f)"Knowledge"or"Known": Actual knowledge,not constructive contained in Section 7 of these Conditions,the Company,at its
knowledge or notice that may be imputed to an Insured by reason of own cost and without unreasonable delay,shall provide for the
the Public Records or any other records that impart constructive defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured.This obligation
notice of matters affecting the Title. is limited to only those stated causes of action alleging matters
(g)"Land": The land described in Schedule A,and affixed improvements insured against by this policy. The Company shall have the right to
that by law constitute real property. The term"Land"does not select counsel of its choice(subject to the right of the Insured to
include any property beyond the lines of the area described in object for reasonable cause)to represent the Insured as to those
Schedule A,nor any right,title,interest,estate,or easement in stated causes of action. It shall not be liable for and will not pay
abutting streets,roads,avenues,alleys,lanes,ways,or waterways, the fees of any other counsel. The Company will not pay any fees,
but this does not modify or limit the extent that a right of access to costs,or expenses incurred by the Insured in the defense of those
and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy.
(h)"Mortgage": Mortgage,deed of trust,trust deed,or other security (b)The Company shall have the right,in addition to the options
instrument,including one evidenced by electronic means authorized contained in Section 7 of these Conditions,at its own cost,to
by law. institute and prosecute any action or proceeding or to do any
(i)"Public Records": Records established under state statutes at other act that in its opinion may be necessary or desirable to
Date of Policy for the purpose of imparting constructive notice of establish the Title,as insured,or to prevent or reduce loss or
matters relating to real property to purchasers for value and without damage to the Insured. The Company may take any appropriate
Knowledge. With respect to Covered Risk 5(d),"Public Records" action under the terms of this policy,whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,it must
the Land is located. do so diligently.
(j)"Title": The estate or interest described in Schedule A. (c)Whenever the Company brings an action or asserts a defense
(k)"Unmarketable Title":Title affected by an alleged or apparent as required or permitted by this policy,the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction,and it expressly reserves the right,in its sole
ORT Form 4309 FL discretion,to appeal any adverse judgment or order.
ALTA Owners Policy of Tide Insurance 6-17-06(with Florida Modifications) Page 3
•
CONDITIONS(con't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE policy.In addition,the Company will pay any costs,attorneys'fees,
(a)In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized
to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the Company is
and any appeals,the Insured shall secure to the Company the right obligated to pay;or
to so prosecute or provide defense in the action or proceeding, (ii)to pay or otherwise settle with the Insured Claimant the loss or
including the right to use,at its option,the name of the Insured for damage provided for under this policy,together with any costs,
this purpose. Whenever requested by the Company,the Insured, attorneys'fees,and expenses incurred by the Insured Claimant that
at the Company's expense,shall give the Company all reasonable were authorized by the Company up to the time of payment and that
aid(i)in securing evidence,obtaining witnesses,prosecuting or the Company is obligated to pay.
defending the action or proceeding,or effecting settlement,and
(ii)in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options provided
be necessary or desirable to establish the Title or any other matter for in subsections(b)(i)or(ii),the Company's obligations to the
as insured. If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss or damage,other than
Insured to furnish the required cooperation,the Company's obligations the payments required to be made,shall terminate, including any
to the Insured under the policy shall terminate,including any liability or obligation to defend,prosecute,or continue any
liability or obligation to defend,prosecute,or continue any litigation, litigation.
with regard to the matter or matters requiring such cooperation.
(b)The Company may reasonably require the Insured Claimant to 8.DETERMINATION AND EXTENT OF LIABILITY
submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or
of the Company and to produce for examination,inspection,and damage sustained or incurred by the Insured Claimant who has suffered
copying,at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy.
by the authorized representative of the Company,all records,in (a)The extent of liability of the Company for loss or damage under
whatever medium maintained,including books,ledgers,checks, this policy shall not exceed the lesser of
memoranda,correspondence,reports,e-mails,disks,tapes,and (i)the Amount of Insurance;or
videos whether bearing a date before or after Date of Policy,that
reasonably pertain to the loss or damage. Further,if requested by (ii)the difference between the value of the Title as insured and the
value of the Title subject to the risk insured against by this policy.
any authorized representative of the Company,the Insured Claimant (b)If the Company pursues its rights under Section 5 of these
shall grant its permission,in writing,for any authorized representative Conditions and is unsuccessful in establishing the Title,as insured,
of the Company to examine,inspect,and copy all of these records (i)the Amount of Insurance shall be increased by 10%,and
in the custody or control of a third party that reasonably pertain to
(ii)the Insured Claimant shall have the right to have the loss or
the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made by
the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid.
Section shall not be disclosed to others unless, in the reasonable (c)In addition to the extent of liability under(a)and(b),the Company
judgment of the Company,it is necessary in the administration of will also pay those costs,attorneys'fees,and expenses incurred in
the claim. Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions.
under oath,produce any reasonably requested information,or
grant permission to secure reasonably necessary information from 9.LIMITATION OF LIABILITY
third parties as required in this subsection,unless prohibited by (a)If the Company establishes the Title,or removes the alleged
law or governmental regulation,shall terminate any liability of the defect,lien,or encumbrance,or cures the lack of a right of access
Company under this policy as to that claim. to or from the Land,or cures the claim of Unmarketable Title,all as
insured,in a reasonably diligent manner by any method,including
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals, it shall have fully
TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not
In case of a claim under this policy,the Company shall have the be liable for any loss or damage caused to the Insured.
following additional options:
(b)In the event of any litigation, including litigation by the Company
(a)To Pay or Tender Payment of the Amount of Insurance. or with the Company's consent,the Company shall have no liability
To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination by a
policy together with any costs,attorneys'fees,and expenses court of competent jurisdiction,and disposition of all appeals,
incurred by the Insured Claimant that were authorized by the adverse to the Title,as insured.
Company up to the time of payment or tender of payment and that (c)The Company shall not be liable for loss or damage to the
the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling
Upon the exercise by the Company of this option,all liability and any claim or suit without the prior written consent of the Company.
obligations of the Company to the Insured under this policy,other
than to make the payment required in this subsection,shall terminate, 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION
including any liability or obligation to defend,prosecute,or contin- OF LIABILITY
ue any litigation. All payments under this policy,except payments made for costs,
(b)To Pay or Otherwise Settle With Parties Other Than the Insured attorneys'fees,and expenses,shall reduce the Amount of Insurance
or With the Insured Claimant. by the amount of the payment.
(i)to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Page 4
• CONDITIONS(con't)
11.LIABILITY NONCUMULATIVE 15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE
The Amount of Insurance shall be reduced by any amount the Company CONTRACT
pays under any policy insuring a Mortgage to which exception is taken
in Schedule B or to which the Insured has agreed,assumed,or taken (a)This policy together with all endorsements,if any,attached to it
by the Company is the entire policy and contract between the
subject,or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision of this
which is a charge or lien on the Title,and the amount so paid shall be policy,this policy shall be construed as a whole.
deemed a payment to the Insured under this policy.
(b)Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
12.PAYMENT OF LOSS negligence shall be restricted to this policy.
When liability and the extent of loss or damage have been definitely (c)Any amendment of or endorsement to this policy must be in
fixed in accordance with these Conditions,the payment shall be made writing and authenticated by an authorized person,or expressly
within 30 days. incorporated by Schedule A of this policy.
13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (d)Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
(a)Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states,it does not(i)modify
under this policy,it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy,(ii)modify any prior
the Insured Claimant in the Title and all other rights and remedies endorsement,(iii)extend the Date of Policy,or(iv)increase the
in respect to the claim that the Insured Claimant has against any Amount of Insurance.
person or property,to the extent of the amount of any loss,costs,
attorneys'fees,and expenses paid by the Company. If requested 16.SEVERABILITY
by the Company,the Insured Claimant shall execute documents to In the event any provision of this policy,in whole or in part,is held
evidence the transfer to the Company of these rights and remedies. invalid or unenforceable under applicable law,the policy shall be
The Insured Claimant shall permit the Company to sue,compromise, deemed not to include that provision or such part held to be invalid,but
or settle in the name of the Insured Claimant and to use the name all other provisions shall remain in full force and effect.
of the Insured Claimant in any transaction or litigation involving
these rights and remedies. 17.CHOICE OF LAW;FORUM
If a payment on account of a claim does not fully cover the loss of (a)Choice of Law: The Insured acknowledges the Company has
the Insured Claimant,the Company shall defer the exercise of its underwritten the risks covered by this policy and determined the
right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting interests
its loss. in real property and applicable to the interpretation,rights,remedies,
(b)The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction
Insured to indemnities,guaranties,other policies of insurance,or where the Land is located.
bonds,notwithstanding any terms or conditions contained in those Therefore,the court or an arbitrator shall apply the law of the
instruments that address subrogation rights. jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
14.ARBITRATION interpret and enforce the terms of this policy. In neither case shall
Unless prohibited by applicable law,arbitration pursuant tote Title the court or arbitrator apply its conflicts of law principles to deter-
Insurance Arbitration Rules of the American Arbitration Association mine the applicable law.
may be demanded if agreed to by both the Company and the Insured at (b)Choice of Forum: Any litigation or other proceeding brought by
the time of a controversy or claim.Arbitrable matters may include,but the Insured against the Company must be filed only in a state or
are not limited to,any controversy or claim between the Company and federal court within the United States of America or its territories
the Insured arising out of or relating to this policy,and service of the having appropriate jurisdiction.
Company in connection with its issuance or the breach of a policy
provision or other obligation.Arbitration pursuant to this policy and 18.NOTICES,WHERE SENT
under the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in writing
made or,at the option of the Insured,the Rules in effect at Date of required to be given to the Company under this policy must be given to
Policy shall be binding upon the parties.The award may include the Company at 400 Second Avenue South, Minneapolis,
attorneys'fees only if the laws of the state in which the Land is Minnesota 55401-2499,Phone:612-371-1111.
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.
ORT Form 4309 FL
ALTA Owners Pdicy of Title Insurance 6.17-06(with Florida Modifications)
Page 5
�c * *
4 C * SCHEDULE A
OWNER'S POLICY
SCHEDULE A
AGENT FILE NUMBER: (513-001) 2011.4.5 POLICY NUMBER: OXFL-08209734
ORT FILE NUMBER: 11023007
Address Reference: 190 Jackson Avenue, Cape Canaveral, FL 32920
Amount of Insurance: $ 244,030.00
Date of Policy: October 21, 2013 at 2:18 p.m.
1. Name of Insured: CITY OF CAPE CANAVERAL, a Florida municipal corporation
2. The estate or interest in the Land that is insured by this policy is: fee simple
3. Title is vested in: CITY OF CAPE CANAVERAL, a Florida municipal corporation
4. The land referred to in this Policy is described as follows:
Lots 7, 8, 15 and 16, Block 25, Avon By The Sea, a subdivision according to the
plat thereof recorded at Plat Book 3, Page 7, in the Public Records of Brevard
County, Florida.
ORT Form 4309 FL A
Schedule A for ALTA Owners Policy of Title Insurance 6-17-06
SCHEDULE B
AGENT FILE NUMBER: (513-001) 2911.4.5 POLICY NUMBER: OXFL-08209734
ORT FILE NUMBER: 11023007
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of:
1. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land. The term
"encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments on the Land of existing improvements located on adjoining
land.
2. Easements or claims of easements not shown by the public records.
3. General or special taxes and assessments required to be paid in the year 2013 and subsequent
years.
4. 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.
5. State road right reservations, if any.
6. Oil, gas and mineral right reservations, if any.
7. 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.
8. All matters contained on the Plat of Avon By The Sea, as recorded in Plat Book 3, Page 7, Public
Records of Brevard County, Florida.
9. Reservations and conditions as set forth in Special Warranty Deed recorded in O.R. Book 489, Page 143,
together with Release of Reverter recorded in O.R. Book 5568, Page 8207, Public Records of Brevard County,
Florida.
10. Reservations and conditions as set forth in Special Warranty Deed recorded in O.R. Book 6993, Page 2470,
Public Records of Brevard County, Florida.
ORT Form 4309 FL B
Schedule B for ALTA Owners Policy of Title Insurance 6-17-06