Title,Possession&Lien Affidavit
TITLE, POSSESSIqN & LIEN AFFIDAVIT
.
(OTHER-DONA nON)
George Neugent, ("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Donor (as hereinafter defIned) makes
these representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA (collectively "Donee"), QRQ te A ttQrRey~ Title IR~l:IraR\le Fl:IRd aRd Uyer~ aRd ErslHRe (eellllllti'/IlJ..y, "titl&A'ftk
insurer"), to induce Donee accept aRt;! tit!" iRi'lr~r tQ iRi'lri the fee simple title to that certain real property described bel~ and(.J r V
Affiant further states: 1:-JIf N
1. That the Affiant is the Chairman/Mayor of the Monroe County Board of County Commmissioners("Donor") and in such
capacity has personal knowledge of the matters set forth herein, and he has been authorized by the Donor to make this
Affidavit on Donor's behalf.
2, Donor is the sole owner in fee simple and now in possession of the real property together with the improvements located
thereon described as follows:
3.
4.
5.
6.
See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the
"Property").
Thll Prefl@r1Q' is free aBd cl@ar sf allli@!lE, taxis, @ncymbraac@s aad claims gt:.e"@r:,' kial:i, Ratun~~~ whatss@"u,
:: i: f:::';':;:~':::' ., .__till. ........ ",le~d. "b..Y!' ~':::.::::.:.;":e ~~rrr
t ~ Pre~@r1Q' te B@ !@~1l1"@a BY DeB@1l lR thIS traBEa-ct!SB pYfS'olaRt te tll:8 tItle '
ift tkis Wfll'l.3aetiol'l,
There are no matters pending against the Donor that could give rise to a lien that would attach to the Property or ause a loss
of title or impair the title between the last title insurance commitment effective date, and the recording of the fee simple title
to be insured, and the Donor has not and will not execute any instrument that would adversely affect the fee simple title to be
insured.
Donor has undisputed possession of the Property; there is no other person or entity in possession or who has any possessory
right in the Property; and Donor knows of no defects in the fee simple title to the Property.
No "Notice of Commencement" has been recorded which pertains to the Property since the last title insurance commitment
effective date, there are no unrecorded laborer's, mechanic's or materialmen's liens against the Property, and no material has
been furnished to the Property for which payment has not been paid in full.
7.
Within the past 90 days there have been no improvements, alterations, or repairs to the Property for which the costs thereof
remain unpaid, and that within the past 90 days there have been no claims for labor or material furnished for repairing or
improving the same, which remain unpaid,
8.
There are not due, or to come due, unpaid bills, liens or assessments for mowing, water, sanitary sewers, paving or other
public utilities, or improvements made by any governmental authority. Should any bill be found which relates to the period
of Donor's possession, Donor will pay such bill upon demand, No notice has been received of any public hearing regarding
future or pending zoning changes, or assessments for improvements by any governmental authority,
9.
There are no unrecorded deeds, agreements for deed, judgments, liens, mortgages, easements or rights of way for users, or
adverse interests with respect to the Property.
10.
If this is improved Property that Donor is the owner of, there are no claims, liens or security interests whatsoever of any kind
or description against the furniture, fIxtures, equipment and personal property located in the improvements on the Property
and sold as part of this transaction. All tangible personal property taxes are paid in full.
11.
There are no existing contracts for sale affecting the Property.
12.
There is no civil action pending which involves the Property in any way.
13.
There are no federal tax claims, liens or penalties assessed against the Donor either individually or in any other capacity.
14,
No proceedings in banklUptcy have ever been brought by or against Donor, nor has an assignment for the benefIt of creditors
been made at anytime, nor is there now in effect any assignment of rents of the Property or any part thereof.
15.
The real estate taxes will be paid to the date of closing pursuant to Section 196,295, Florida Statutes,
16.
That Donor is not a "non-resident alien" for the purposes of United States income taxation, nor is Donor a "foreign person"
(as such term is defIned in Section 1445 of the Internal Revenue Code of the United States and its related Income Tax
Regulations); that Donor's F,E.I,D, Number is 5'1-10 0007qtj; that Donor understands that the certifIcation made in this
paragraph may be disclosed to the Internal Revenue Service by the Donee; that any false statement contained in this
paragraph could be punished by fIne, imprisonment, or both; and that the information contained in this paragraph is true and
correct and as provided under penalties of perjury.
17,
Donor has no knowledge as to any hazardous substances (as defined by any federal, state or local statute, law, ordinance,
code, lUle, regulation, order or decree) present on the Property, There has been no production, placement, disposal, storage,
release or discharge on or from the Property of any hazardous substances, and there are no buried, partially buried, or above-
ground tanks, storage vessels, dlUms or containers located on the Property. Donor has received no warning notices, notices
of violation, administrative complaints, judicial complaints or other formal or informal notices from any governmental
agency alleging that conditions on the Property are in violation of environmental laws, regulations, ordinances or lUles.
18. In the event this affidavit is executed by more than one person, then the affiants acknowledge and agree that their liability
under the terms and provisions of this affidavit shall be joint and several.
19, This Affidavit is executed in duplicate, each of which shall be considered an original, with one original to be delivered to the
Donee and one original to be delivered to the title insurer.
THIS AFFIDAVIT is made pursuant to Section 627.7842, Florida Statutes, for the purpose of inducing the Donee to accept and the
title insurer to insure the fee simple title to the Property. Donor intends for Donee and the title insurer to rely on these representations.
Monroe County, a political subdivision of the State of
Florida
7f?G1/1r~J
By
Q ~ , 2001, by George Neugent as
,," County, a political subdivision of
STATE OF Florida
COUNTY OF Monroe
SWORN TO and subscribed before me this 18th day of Oc .
GlMHl'fHttRlMayor of the Monroe County Board of County Commissioners,' T
the State of Florida, Such person (Notary Public must check applicable box):
[x] is personally known to me.
[ ] produced a current driver license.
[ ] produced
as identification.
,,~ Kimberly A Nystrom
*..*My CommIIaIon CC827874
~..::t ExpIru April 19. 2003
~Q.~~
Kimberly A. Nystrom
(Printed, Typed or Stamped Name of Notary
Public)
Commission No.: CC827874
My Commission Expires: April 19, 2003
ENVIRONMENTAL AFFIDAVIT
(OTHER-DONATION)
George Neugent, ("Affiant"), being first duly sworn, deposes and says that Affiant on behalf of Donor (as hereinafter defmed)
makes these representations to the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA ("Donee"), and Affiant further states:
1. That the Affiant is the Chairman/Mayor of the Monroe County Board of County Commissioners ("Donor")
and in such capacity has personal knowledge of the matters set forth herein, and he has been authorized by the Donor to make this
Affidavit on Donor's behalf.
2. That Donor is the sole owner and is now in possession of the following described property together with
improvements located thereon located in Monroe County, Florida, to-wit:
See Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter the
"Property"),
3. That Donor is conveying the Property to BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA.
4. For purposes of this Affidavit the term "Environmental Law" shall mean any and all federal, state and local
statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses,
agreements or other governmental restrictions relating to the protection of the environment or human health, welfare or safety, or
to the emission, discharge, seepage, release or threatened release of Hazardous Materials (as hereinafter defmed) into the
environment including, without limitation, ambient air, surface water, ground water, or land, or otherwise relating to the handling
of such Hazardous Materials. For purposes of this Affidavit the term "Hazardous Materials" shall mean any contaminant,
chemical, waste, irritant, petroleum product, waste product, radioactive material, flammable or corrosive substance, explosive,
poly-chlorinated biphenyls, asbestos, hazardous or toxic substance, material or waste of any kind, or any other substance which is
regulated by any Environmental Law,
5. As of the date of Donor's conveyance of the Property to BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, Donor warrants and represents to Donee, its successors
and assigns that:
(i) Donor has not placed, or permitted to be placed, any Hazardous Materials on the Property, and, to
the best of Donor's knowledge, no other person or entity has placed, or permitted to be placed, any Hazardous Materials on the
Property .
(ii) To the best of Donor's knowledge, there does not exist on the Property any condition or
circumstance which requires or may, in the future, require cleanup, removal or other remedial action or other response under
Environmental Laws on the part of Donor or a subsequent owner of all or any portion of the Property or which would subject
Donor or a subsequent owner of all or any portion of the Property to liability, penalties, damages or injunctive relief,
(iii) To the best of Donor's knowledge, no underground treatment; buried, partially buried or above
ground storage tanks, storage vessels, sumps, drums, containers, water, gas or oil wells, or landfills are or have ever been located
on the Property.
(iv) Donor, and to the best of Donor's knowledge, any other person or entity that has owned, occupied
or possessed the Property, has never violated, and is presently in compliance with, all Environmental Laws applicable to the
Property,
(v) No warning notice, notice of violation, administrative complaint, judicial complaint or other
formal or informal notice has been issued by any federal, state or local environmental agency alleging that conditions on the
Property are in violation of any Environmental Law.
(vi) Donor is not subject to any judgment, decree, order or citation related to or ansmg out of
Environmental Laws, and Donor has not been named or listed as a potentially responsible party by any governmental body or
agency in a matter arising under any Environmental Law,
6, That Donor makes this Affidavit for the purpose of inducing Donee to accept the Property, and Donor
acknowledges that Donee will rely upon the representations and warranties set forth in this Affidavit.
Monroe County, a political subdivision
of the State f Florida
FLHSPENV,FM
REV, 03120197
~ fr (rm ~/1~
{~..f ~r j
(t~~
DNR 61-35(16)
STATE OF Florida
COUNTY OF Monroe
SWORN TO and subscribed before me this 18th day of October , 2001, by George Neugent as
~..fttlflsHHtn/Mayor of the Monroe County Board of County Commissioners on behalf of Monroe County, a political
subdivision of the State of Florida, Such person(s) (Notary Public must check applicable box):
IX] is/aroe personally known to me.
[ ] produced a current driver licensees).
[ ] produced
as identification.
(NOTARY PUBLIC SEAL)
~o,~
Notary Public
#':6" Kimberly A Nystrom
*M*My Commission CC827874
\;."'~ ExplresAprlI19. 2003
Kimberly A. Nystrom
(Printed, Typed or Stamped Name of Notary Public)
Commission No.: CC827874
My Commission Expires: April 19, 2003
APPROVED AS TO FORM AND LEGALITY
By:
DEP Attorney
Date:
FLHSPENV,FM
REV, 03120/97
DNR61-35(16)
DONATION SETTLEMENT STATEMENT
NAME AND ADDRESS OF DONEE
BOARD OF TRUSTEES OF THE INTERNAL TRUST
FUND OF THE STATE OF FLORIDA
900 COMMONWEALTH BOULEVARD
TALLAHASSEE, FLORIDA 32399-3000
MANAGING AGENCY:
FWCC
PROPERTY LOCATION
SEE EXlllBIT "A" ATIACHED
FILE NUMBER:
SUMMARY OF DONEE'S COSTS
COUNTY PROPERTY APPRAISERS
ASSESSED VALUE
GROSS ASSESSED VALUE
AMOUNTS PAID BY OR IN BEHALF OF DONEE
DONATED LANDS
NO FUNDS EXCHANGED
TOT AL (DONATED ASSESSED VALUE)
GROSS AMOUNT ASSESSED
CASH [ ] TO [X] FROM DONEE
3,736,967.10
3,736,967.10
3,736,967.10
487.50
3,737,454,60
3,736,967.10
487.50
NAME AND ADDRESS OF DONOR
MONROE COUNTY, A POLITICAL SUBDMSION
OF THE STATE OF FLORIDA
500 WlllTEHEAD STREET
KEY WEST, FLORIDA 33040
SETILEMENT DATE:
SEPTEMBER ,2001
SETILEMENT AGENT :
PLACE OF SETILEMENT:
SUMMARY OF DONOR'S COSTS
COUNTY PROPERTY APPRAISERS
ASSESSED VALUE
3,736,967.10
GROSS ASSESSED VALUE
3,736,967.10
REDUCTIONS
DONATED LANDS
NO FUNDS EXCHANGED
3,736,967,10
SETILEMENT COSTS FROM ATIACHED PAGE
TOTAL (DONATED ASSESSED VALUE PLUS 3,736,967.10
SETTLEMENT COSTS)
GROSS AMOUNT ASSESSED 3,736,967,10
CASH [ ] TO [ x ] FROM DONOR
ITEMIZED ACQUISITION COSTS
PAlD FROM DONEE'S
FUNDS AT
SETILEMENT
PAlD FROM DONOR'S
FUNDS AT
SETILEMENT
ITEMS TO BE P AlD IN ADVANCE
PROPERTY TAXES EXEMPT
TITLE CHARGES
Settlement or Closing fee to:
Abstract or Title search to:
Title examination to:
Title insurance binder to:
Title Insurance to:
Owner's Coverage
GOVERNMENT RECORDING AND TRANSFER CHARGES
Recording fees: Deed
Record Quit-Claim Deed from TNC
Record Conditions Release from FCT
Record Addendum IV Grant Contract from FCT
118.50
118.50
123.00
127.50
DOCUMENTARY STAMPS FOR DEED
RECORD AFFIDAVITS
ADDITIONAL SETTLEMENT CHARGES
Survey to:
Environmental site assessment WRS Phase I POC by Donee $240,000
WRS Phase II POC by Donee $60,925.00
TOTAL ACQUISITION CHARGES
487,50
Parties agree that no liability is assumed by Settlement Agent for the accuracy of the infonnation furnished by others as shown on the Donation Settlement
Statement. Settlement Agent hereby expressly reserves the right to deposit any amounts collected for disbursement in an interest bearing account in a Federally
insured institution and to credit any interest so earned to its own account as additional compensation for its services in this transaction.
CERTIFICATION OF DONEE AND DONOR
I have carefully reviewed the Donation Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account by me in this transaction. I further certify that I have received a copy of the Donation Settlement Statement.
By execution of this Settlement Statement Donee does not represent any concurrence in the donor's claimed fair market value of the Property being donated.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
BY
ASSISTANT GENERAL COUNSEL,
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, AS ATTORNEY FOR DONEE
The foregoing statement is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement.
Settlement Agent
Date