Title Insurance •
•
Title
Policy of Title Insurance
First American Title ISSUED BY
First American Title Insurance Company
POLICY NUMBER
Schedule A 5011412-141186
Name and Address of Title Insurance Company:
FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa Ana,California 92707
File No.: 642-011 •
Address Reference: 3883 South Roosevelt Blvd, Key West, FL 33040
Amount of Insurance: $500,000.00 Premium: $2,575.00
Date of Policy: 11/14/13 at 3:22 p.m.
(or the date and time of recording of the instrument vesting insured title,whichever is later)
1. Name of Insured: Monroe County Board of County Commissioners
2. The estate or interest in the Land that is insured by this policy is: Fee Simple
3. Title is vested in: Monroe County Board of County Commissioners
4. The Land referred to in this policy is described as follows:
See Schedule A(continued)
Capote and Capote, P.A.
By:
Authorized u rsignat e
(T s chedule A valid o hen Schedul is attached)
Forms 5011412-A(2-1-11) Page 1 of 4 ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
and 5011412-B-STD,
•
Title
Policy of Title Insurance
First American Ttle ISSUED By
First American Title Insurance Company
POLICY NUMBER
Schedule A (Continued) 5011412-141186
File No.: 642-011
Commencing at the intersection of the Southerly R/W line of Flagler Avenue and the Westerly R/W line(curb line) of
Roosevelt Boulevard for a distance of 2,510 feet to the PCB of the parcel of land hereinafter described: From said ROB
bear South 10°15'20" East for a distance of 1,157 feet to a point; thence bear Westerly and 50 feet Northerly from and
parallel with the Northerly boundary line of the Key Ambassador property for a distance of 386.5 feet to a point; thence
bear Northwesterly for a distance of 105 feet to a point which is 450 feet measured at right angles to the Westerly R/W line
(curb line)of Roosevelt Boulevard; thence bear North 10°15'20"West for a distance of 986.5 feet to a point; thence bear
North 79°44'40" East for a distance of 450 feet back to the ROB. Less 2.04 acres on the South end of aforesaid described
property conveyed to Monroe County.
Forms 5011412-A(2-1-11) Page 2 of 4 I ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
and 5011412-B-STD,
•
A— Title
Policy of Title Insurance
First American Title ISSUED BY
a
First American Title Insurance Company
POLICY NUMBER
Schedule B 5011412-141186
File No.: 642-011
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 rights, interests, or claims of parties in possession of the land not shown by the public records.
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.
3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations provided before, on,
or after Date of Policy, not shown by the public records.
4. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land
prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously,
under water.
5. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting
authority, at Date of Policy.
6. Any minerals or mineral rights leased, granted or retained by prior owners.
7. Taxes and assessments for the year 2013 and subsequent years.
NOTE: Exception(s) numbered 1, 3,4 and 5 above are hereby deleted.
8. City of Key West Area of Critical State Concern, Rule 27F-15 of the Florida Administrative Code, adopted by the
Administration Commission pursuant to Section 380.05 F.S. on February 7, 1984, effective February 28, 1984,
recorded in Book 906, Pages 200-208.
9. Subject to City Ordinance No. 81-43 and Amendment 82-5 thereof, which provides for the assessment and collection
of waste in the City of Key West, Monroe County, Florida.
10. Any loss, damage, claim or demand related to or arising from any imprecision in the legal description of the subject
property, or in the size or quantity of acreage of the subject property, related to the fact that the legal description of the
subject property includes a reference to a less out of 2.04 acres of property the was previously conveyed, but we do
not have a legal description of the property that was conveyed, a reference to the deed by which the property was
conveyed, or a survey of the subject property depicting the insured property.
Forms 5011412-A(2-1-11) Page 3 of 4 I ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
and 5011412-B-STD,
•
First American Title
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with
such information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,
together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,
such as intonation obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govern our use of personal information
regardless of its source.First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications,forms and In other communications to us,whether in writing,in person,by telephone or any other means;
• Information about your transactions with us,our affiliated companies,mothers;and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore,we will not release your information to
nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such intonation
indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer
analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies indude financial
service providers.such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal
companies, home warranty companies and escrow companies. Furthemlore,we may also provide all the information we collect,as described above,to companies that perform
marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those
individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure
that your information will be handled responsibly and in accordance with Nis Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet We believe it is important you know how we beat the information about you we receive on the Internet.
In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers
collect the domain names,not the e-mail addresses.of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar
information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are limes,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at
the lime of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to
access specific accounVprofile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for
privacy,we am not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of"cookie*technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data
that a Web site can send to your browser,which may then store the cookie on your hard drive.
FitstAmccm uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful
and productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits
and consumer privacy.
Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open
public record and emphasize its importance and contribution to our economy.
Use We bet ve we should behave responsibly when we use information about a consumer in our business.We w1lI obey the laws governing the collection,use and dssemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect use and disseminate.Where possible,we will take reasonable steps to correct inaccurate
information.When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous
data so that the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our
employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible
manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Forms 5011412-A(2-1-11) Page 4 of 4 I ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
and 5011412-B-STD,
•
Owner's Policy of Title Insurance
(with Florida modifications)
First American Title ISSUED BY
First American Title Insurance Company
POLICY NUMBER
Owner's Policy 5011412- ] 41186
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, FIRST AMERICAN TITLE INSURANCE COMPANY, a California 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.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company
"CO
a
f ; Dennis'•, J.Gilmore
8 President
SEPIEMBER 24, ; c
fio 1968 f i
er C4;IFS RR\R
Timothy Kemp
Secretary
(This Policy is valid only when Schedules A and B are attached)
oopyngm 2006-2on9 American Land Title Asaodamn.All tlghta reserved.The use ol this form is restricted to ALTA licensees and ALTA members in good standing as ol the date of use.
All other uses are pronrbited_Repnmed under license from the American Land Title Assoclallon.
Form 5011412(2-1-11) Page 1 of 6 I ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
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CONDITIONS
1. DEFINITION OF TERMS notice of matters relating to real property to purchasers
The following terms when used in this policy mean: for value and without Knowledge. With respect to Covered
(a) "Amount of Insurance": The amount stated in Schedule A,as Risk 5(d),"Public Records"shall also include environmental
may be increased or decreased by endorsement to this protection liens filed in the records of the clerk of the United
policy, increased by Section 8(b), or decreased by Sections States District Court for the district where the Land is located.
10 and 11 of these Conditions, I]) "Title": The estate or interest described in Schedule A.
(b) "Date of Policy": The date designated as "Date of Policy" in (k) "Unmarketable Title":Title affected by an alleged or apparent
Schedule A. matter that would permit a prospective purchaser or lessee of
(c) "Entity": A corporation, partnership, trust, limited liability the Title or lender on the Title to be released from the
company,or other similar legal entity. obligation to purchase, lease, or lend if there is a contractual
(d) "Insured': The Insured named in Schedule A. condition requiring the delivery of marketable title.
(i) The term"Insured"also includes 2. CONTINUATION OF INSURANCE
(A) successors to the Title of the Insured by operation The coverage of this policy shall continue in force as of Date of
of law as distinguished from purchase, including Policy in favor of an Insured, but only so long as the Insured
heirs,devisees,survivors,personal representatives, retains an estate or interest in the Land, or holds an obligation
or next of kin secured by a purchase money Mortgage given by a purchaser
(B) successors to an Insured by dissolution, merger, from the Insured, or only so long as the Insured shall have liability
consolidation,distribution,or reorganization; by reason of warranties in any transfer or conveyance of the Title.
(C) successors to an Insured by its conversion to This policy shall not continue in force in favor of any purchaser
another kind of Entity; from the Insured of either(i)an estate or interest in the Land,or(ii)
(D) a grantee of an Insured under a deed delivered an obligation secured by a purchase money Mortgage given to the
without payment of actual valuable consideration Insured.
conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(1) if the stock, shares, memberships, or other The Insured shall notity the Company promptly in writing(i)in case
equity interests of the grantee are wholly- of any litigation as set forth in Section 5(a)of these Conditions, (ii)
owned by the named Insured, in case Knowledge shall come to an Insured hereunder of any
(2) if the grantee wholly owns the named Insured, claim of title or interest that is adverse to the Title,as insured,and
(3) if the grantee is wholly-owned by an affiliated that might cause loss or damage for which the Company may be
Entity of the named Insured, provided the liable by virtue of this policy, or (Hi) if the Title, as insured, is
affiliated Entity and the named Insured are rejected as Unmarketable Title. If the Company is prejudiced by
both wholly-owned by the same person or the failure of the Insured Claimant to provide prompt notice, the
Entity,or Company's liability to the Insured Claimant under the policy shall
(4) if the grantee is a trustee or beneficiary of a be reduced to the extent of the prejudice.
trust created by a written instrument 4. PROOF OF LOSS
established by the Insured named in Schedule In the event the Company is unable to determine the amount of
A for estate planning purposes. loss or damage, the Company may, at its option, require as a
(ii) With regard to(A), (B), (C), and (D)reserving, however, condition of payment that the Insured Claimant furnish a signed
all rights and defenses as to any successor that the proof of loss. The proof of loss must describe the defect, lien,
Company would have had against any predecessor encumbrance, or other matter insured against by this policy that
Insured. constitutes the basis of loss or damage and shall state, to the
(e) "Insured Claimant": An Insured claiming loss or damage. extent possible, the basis of calculating the amount of the loss or
(f) "Knowledge"or"Known": Actual knowledge, not constructive damage.
knowledge or notice that may be imputed to an Insured by 5. DEFENSE AND PROSECUTION OF ACTIONS
reason of the Public Records or any other records that impart (a) Upon written request by the Insured, and subject to the
constructive notice of matters affecting the Title. options contained in Section 7 of these Conditions, the
(g) "Land": The land described in Schedule A, and affixed Company, at its own cost and without unreasonable delay,
improvements that by law constitute real property. The term shall provide for the defense of an Insured in litigation in
"Land"does not include any property beyond the lines of the which any third party asserts a claim covered by this policy
area described in Schedule A, nor any right, title, interest, adverse to the Insured. This obligation is limited to only those
estate, or easement in abutting streets, roads, avenues, stated causes of action alleging matters insured against by
alleys,lanes,ways,or waterways, but this does not modify or this policy. The Company shall have the right to select
limit the extent that a right of access to and from the Land is counsel of its choice (subject to the right of the Insured to
insured by this policy. object for reasonable cause) to represent the Insured as to
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other those stated causes of action. It shall not be liable for and will
security instrument, including one evidenced by electronic not pay the fees of any other counsel. The Company will not
means authorized by law, pay any fees, costs, or expenses incurred by the Insured in
(I) "Public Records": Records established under state statutes the defense of those causes of action that allege matters not
at Date of Policy for the purpose of imparting constructive insured against by this policy.
Form 5011412(2-1-11) Page 3 of 6 I ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
• CONDITIONS(Continued)
(b) The Company shall have the right, in addition to the options 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
contained in Section 7 of these Conditions,at its own cost, to TERMINATION OF LIABILITY
institute and prosecute any action or proceeding or to do any In case of a claim under this policy, the Company shall have the
other act that in its opinion may be necessary or desirable to following additional options:
establish the Title,as insured,or to prevent or reduce loss or (a) To Pay or Tender Payment of the Amount of Insurance.
damage to the Insured. The Company may take any To pay or tender payment of the Amount of Insurance under
appropriate action under the terms of this policy, whether or this policy together with any costs, attorneys' fees, and
not it shall be liable to the Insured. The exercise of these expenses incurred by the Insured Claimant that were
rights shall not be an admission of liability or waiver of any authorized by the Company up to the time of payment or
provision of this policy. If the Company exercises its rights tender of payment and that the Company is obligated to pay.
under this subsection,it must do so diligently. Upon the exercise by the Company of this option, all liability
(c) Whenever the Company brings an action or asserts a and obligations of the Company to the Insured under this
defense as required or permitted by this policy,the Company policy, other than to make the payment required in this
may pursue the litigation to a final determination by a court of subsection,shall terminate,including any liability or obligation
competent jurisdiction, and it expressly reserves the right, in to defend,prosecute,or continue any litigation.
its sole discretion,to appeal any adverse judgment or order. (b) To Pay or Otherwise Settle With Parties Other Than the
6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured or With the Insured Claimant.
(a) In all cases where this policy permits or requires the (i) To pay or otherwise settle with other parties for or in the
Company to prosecute or provide for the defense of any name of an Insured Claimant any claim insured against
action or proceeding and any appeals, the Insured shall under this policy. In addition, the Company will pay any
secure to the Company the right to so prosecute or provide costs, attorneys' fees, and expenses incurred by the
defense in the action or proceeding,including the right to use, Insured Claimant that were authorized by the Company
at its option, the name of the Insured for this purpose. up to the time of payment and that the Company is
Whenever requested by the Company, the Insured, at the obligated to pay;or
Company's expense, shall give the Company all reasonable (ii) To pay or otherwise settle with the Insured Claimant the
aid (i) in securing evidence, obtaining witnesses, prosecuting loss or damage provided for under this policy, together
or defending the action or proceeding,or effecting settlement, with any costs, attorneys' fees, and expenses incurred
and (ii) in any other lawful act that in the opinion of the by the Insured Claimant that were authorized by the
Company may be necessary or desirable to establish the Title Company up to the time of payment and that the
or any other matter as insured. If the Company is prejudiced Company is obligated to pay.
by the failure of the Insured to furnish the required Upon the exercise by the Company of either of the options
cooperation, the Company's obligations to the Insured under provided for in subsections (b)(i) or (ii), the Company's
the policy shall terminate, including any liability or obligation obligations to the Insured under this policy for the claimed
to defend, prosecute,or continue any litigation,with regard to loss or damage, other than the payments required to be
the matter or matters requiring such cooperation. made, shall terminate, including any liability or obligation to
(b) The Company may reasonably require the Insured Claimant defend,prosecute,or continue any litigation.
to submit to examination under oath by any authorized 8. DETERMINATION AND EXTENT OF LIABILITY
representative of the Company and to produce for This policy is a contract of indemnity against actual monetary loss
examination, inspection, and copying, at such reasonable or damage sustained or incurred by the Insured Claimant who has
times and places as may be designated by the authorized suffered loss or damage by reason of matters insured against by
representative of the Company, all records, in whatever this policy.
medium maintained, including books, ledgers, checks, (a) The extent of liability of the Company for loss or damage
memoranda, correspondence, reports, e-mails, disks, tapes, under this policy shall not exceed the lesser of
and videos whether bearing a date before or after Date of (i) the Amount of Insurance;or
Policy, that reasonably pertain to the loss or damage. (ii) the difference between the value of the Title as insured
Further, if requested by any authorized representative of the and the value of the Title subject to the risk insured
Company, the Insured Claimant shall grant its permission, in against by this policy.
writing, for any authorized representative of the Company to (b) If the Company pursues its rights under Section 5 of these
examine,inspect,and copy all of these records in the custody Conditions and is unsuccessful in establishing the Title, as
or control of a third party that reasonably pertain to the loss or insured,
damage. All information designated as confidential by the (i) the Amount of Insurance shall be increased by 10%,and
Insured Claimant provided to the Company pursuant to this (ii) the Insured Claimant shall have the right to have the loss
Section shall not be disclosed to others unless, in the or damage determined either as of the date the claim
reasonable judgment of the Company, it is necessary in the was made by the Insured Claimant or as of the date it is
administration of the claim. Failure of the Insured Claimant to settled and paid.
submit for examination under oath, produce any reasonably (c) In addition to the extent of liability under (a) and (b), the
requested information, or grant permission to secure Company will also pay those costs, attorneys' fees, and
reasonably necessary information from third parties as expenses incurred in accordance with Sections 5 and 7 of
required in this subsection, unless prohibited by law or these Conditions.
governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
Form 5011412(2-1-11) Page 4 of 6 I ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications)
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