HomeMy Public PortalAbout401 Hampton Lane 2016 Purchase Contract.pdfWEISS SEROTA HELFMAN
COLE & BIERMAN
AT THE CROSSROADS OF BUSINESS, GOVERNMENT & THE LAW
June 7, 2016
VIA US Mail
Village of Key Biscayne Florida
Village Hall
Suite 250
88 West McIntyre Street
Key Biscayne, Florida
Vanessa Vazquez, Real Estate Paralegal
vvazquez(&,,wsh-law.com
Re: Village of Key Biscayne Florida, a Florida Municipal Corporation purchase
from Thomas Hunter Henderson, III
Property Address: 401 Hampton Lane, Key Biscayne, Florida 33149
Our File No. 0103.129
To whom it may concern:
In connection with the above referenced matter, enclosed please find the Original
Warranty Deed recorded March 7, 2016 in Official Records Book 29987, Page 4593, in the
Public Records of Miami -Dade County, Florida and the Old Republic National Title Owners
Insurance Policy. We will be separately forwarding a Closing Binder with all the Closing
Documents. Thank you for choosing our firm for your real estate needs.
Should you require any additional information or have any questions, please do not
hesitate to contact us.
Sincerely,
Vanessa Vazque
Real Estate Parale
/vv
Enclosures
2525 Ponce De Leon Blvd., Ste. 700, Coral Gables, FL 33134 1 305.R54.0800 1 www.wsh-law.com
Miami -Dade Official Records - Print Document Page 1 of 2
CFN: 20160136448 BOOK 29987 PAGE 4593
DATE:03/07/2016 08:54:02 AM
DEED DOC 12,540.00
SURTAX 9,405.00
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
This instrument prepared by
Timothy P. Sticlmey, Esq.
260 Crandon Blvd., Suite 14
Key Biscayne FI, 33149
(305) 361-8059
Return to: Weiss,Serota, l lelfman Cole & Bierman P.L.
2525 Ponce De Leon Blvd
Suite 700
Coral Gables FL 33134
PARCEL I.D. NO.: 24-4232-004-0550
WARRANTY DEED
THIS INDENTURE made and entered into this 26th day of February, 2016, by and between
THOMAS HUNTER HENDERSON, ID, a married man, whose address is 7310 East Cypresshead
Drive, Parkland, Florida, 33067, Grantor, and VILLAGE OF KEY BISCAYNE FLORIDA, a Florida
Municipal Corporation whose address is Village Hall, Suite 250, 88 West McIntyre Street, Key
Biscayne, Florida, Grantee.
Witnesseth the said grantor, for and in consideration of the sum of TEN ($10.00) Dollars, and
other good and valuable consideration to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's
heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade
County, Florida, to -wit:
Lot 17, Block 5, TROPICAL ISLE IIOMES SUBDIVISION, First Addition, according to the
Plat thereof, as recorded in Plat Book 50, Page 72 of the Public Records of Miami Dade
County, Florida.
SUBJECT TO:
1. Taxes for the year 2016 and all subsequent years;
2. Zoning restrictions, prohibitions, and other requirements imposed by governmental
authorities without reimposing same;
And said grantor does hereby fully warrant the title to said land, and will defend the same against the
lawful claims of all persons whomsoever. Further, Grantor warrants that the property described
above is not his homestesal, that he does not reside at the property legally described above, nor does
he reside or own any property adjacent to the property legally described above. Grantor resides at
7310 Fast Cypresshead Drive, Parkland, Florida, 33067.
15-125.WD
https://www2.miami-dadeclerk.com/Public-Records/PrintDocument.aspx?QS=YaoU fOzxry... 6/7/2016
Miami -Dade Official Records - Print Document
Page 2 of 2
CFN: 20160136448 BOOK 29987 PAGE 4594
*Grantor and grantee are used for singular or plural, as context requires.
THOMAS HUNTER HENDERSON, 111
1
' "i
WimOsPT t:"•_Fr9:l 4. 4
1
STATE[[OF FLORIDA
COUktY OF MIAMI-DADE
Acknowledged before me this 26th day of February, 2016, by THOMAS HUNTER
HENDERSON, in, who is personally known to me or who has produced
a Florida Driver's License as identification and who did take an oath and who executed the foregoing
instrument and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State 1st aforesaid this 26"' day of
February, 2016.
r ,„0," .; ..::: _ ,..... Notary abbe
Y YAM1MELA ROMERO
notary Public • S i!ae of Flo' I•
,
,F' _,,, oi. My Comm. Expires Fein 24, 201! C;
SSI Commission on 1 EL 8)7517
15-125.WD
https://www2. miami-dadeclerk. com/Public-Records/PrintDocument. aspx?Q S=YaoUfOzxry... 6/7/2016
This instrument prepared by
Timothy P. Stickney, Esq.
260 Crandon Blvd., Suite 14
Key Biscayne FL 33149
(305) 361-8059
Return to: Weiss,Serota, Helfman Cole & Bierman 13.L.
2525 Ponce De Leon Blvd
Suite 700
Coral Gables FL 33134
PARCEL I.D. NO.: 24-4232-004-0550
E -RECORDED
ID: 2 M O 1-14
County: m
Date:
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simpli(i1 '
1 Time: _•' y7 LOD :w
aic\c-i%‘) ,e L -15j3
WARRANTY DEED
THIS INDENTURE made and entered into this 26th day of February, 2016, by and between
THOMAS HUNTER HENDERSON, III, a married man, whose address is 7310 East Cypresshead
Drive, Parkland, Florida, 33067, Grantor, and VILLAGE OF KEY BISCAYNE FLORIDA, a Florida
Municipal Corporation whose address is Village Hall, Suite 250, 88 West McIntyre Street, Key
Biscayne, Florida, Grantee.
Witnesseth the said grantor, for and in consideration of the sum of TEN ($10.00) Dollars, and
other good and valuable consideration to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's
heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade
County, Florida, to -wit:
Lot 17, Block 5, TROPICAL ISLE HOMES SUBDIVISION, First Addition, according to the
Plat thereof, as recorded in Plat Book 50, Page 72 of the Public Records of Miami Dade
County, Florida.
SUBJECT TO:
1. Taxes for the year 2016 and all subsequent years;
2. Zoning restrictions, prohibitions, and other requirements imposed by governmental
authorities without reimposing same;
And said grantor does hereby fully warrant the title to said land, and will defend the same against the
lawful claims of all persons whomsoever. Further, Grantor warrants that the property described
above is not his homestead, that he does not reside at the property legally described above, nor does
he reside or own any property adjacent to the property legally described above. Grantor resides at
7310 East Cypresshead Drive, Parkland, Florida, 33067.
15-125.WD
*Grantor and grantee are used for singular or plural, as context requires.
itn
Witness Pr nt:' ,1 ILJ D
STAE OF FLORIDA
CO Y OF MIAMI-DADE
_JL144., .14 ttie‘_.
THOMAS HUNTER HENDERSON, III
Acknowledged before me this 26th day of February, 2016, by THOMAS HUNTER
HENDERSON, III, who is personally known to me or who has produced
a Florida Driver's License as identification and who did take an oath and who executed the foregoing
instrument and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State 1. t aforesaid this 26th day of
February, 2016.
o,�y,kv
YAMELA R0MERQ
�� ^.1 Notary Public -
.s }' - Sate of FloridaMy Comm. Expires Feb 24, 201
Commission # 2017
EE 877517
15-125. WD
Miami -Dade Official Records - Print Document Page 1 of 1
Prepared by:
Solid Waste Department
Village of Key Biscayne
118 W.-Melntyre Street
Key Biscayne, Flaririn 33149
\j$ • .`
STATE C)F FLORIDA
:SS
COUNTY OF MIAMI-DADE
VILLAGE OF KEY BISCAYNE
88 West McIntyre Street
Key Biscayne, FL 33149
RELEASE OF LIEN
CFN: 20160154988 BOOK 29998 PAGE 3587
DATE:03/15/2016 08:20:47 AM
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
Pursuant to Sec. 2-62(h) of the Village Code of the Village of Key Biscayne ('`Village'x), the special
assessment lien previously claimed upon and filed against the below described property (the "Property") for unpaid
solid waste service charges, late charges, administrative fees, anti interest thereon, by virtue, of the Neitice of. Lien filed
on November 9, 1999 in Official Record Book 1$855 at Page. 4647 of the official records of Miami -Dade County,
Florida in the name of T.H. HENDEERSON, III is hereby satisfied, discharged and released.
Polio No. 24-4232-004-0550
Address: 401 Hampton Lane, Key Biscayne, Fl 33149
Property: TROPICAL ISLE HOMES SUB 1" ADDN
Lot 17, Block 5
Plat Book 50, Page 72
W 1TNESS my hand this I0T'r day of March, 2016
Ay -POT: �` VILLAGE OF KEY BISCAYNE
t
Tictltta H. Alvarez
Village Clerk
Jotiii C�:,:Gilbert
ViltAge Manager
ACKNOWLEDG.MENT'•\ Fi
Before me, the undersigned Notary Public, personally appeared John C. Gilbert, Village Manager and Conchita H.
Alvarez, Village Clerk, who acknowledged that they executed the above Release of Lien on behalff the Village of Key:
r
Biscayne on .this 10th day of March, 2016
Carolyn P. Grsves
NOTARY PUBLIC
State of Florida at Large
p'r'•:j�fiZ. CANOLYN P. GREAVES
_.: commission # FF 002813
Extairaa November 14, 2019
https://www2.miami-dadeclerk.com/Public-Records/PrintDocument.aspx?QS=YaoUfOzxry... 6/7/2016
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
Policy Number OXF L-08463271 File Number: 15123452 so
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 Florida 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 Hen 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:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
2525 PONCE DE LEON BLVD OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
SUITE 700 CORAL GABLES, FL 3313 A Stock Company
PHONE: (305) 854-00 400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
Countersigned:
Authorized Officer or Cic&used Agent
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
By
President
Attest fit.'— 1.3,4 Secretary
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 filed 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
this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws,
ordinances, or governmental regulations. This
Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Cla imant;
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed
by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in
Schedule A.
Page 2
CONDITIONS
1. DEFINITION OF TERMS
The, following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may
be increased or decreased by endorsement to this policy, increased
by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganization;
(C) successors to an Insured by its conversion to another kind of
Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly -owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (AL (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason of
the Public Records or any other records that impart constructive
notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements
that by law constitute real property. The term "Land" does not
include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or easement in
abutting streets, roads, avenues, alleys, lanes, ways, or waterways,
but this does not modify or limit the extent that a right of access to
and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized
by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
Knowledge. With respect to Covered Risk 5(d), "Public Records"
shall also include environmental protection liens filed in the records
of the clerk of the United States District Court for the district where
the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of the
Title or lender on the Title to be released from the obligation to
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6.17-06 (with Florida Modifications)
purchase, lease, or lend if there is a contractual condition requiring
the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured retains
an estate or interest in the Land, or holds an obligation secured by
a purchase money Mortgage given by a purchaser from the Insured,
or only so long as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the
Insured of either (i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any claim
of title or interest that is adverse to the Title, as insured, and that
might cause loss or damage for which the Company may be liable
by virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of
the Insured Claimant to provide prompt notice, the Company's
liability to the Insured Claimant under the policy shall be reduced
to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a condition
of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the
basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured. This obligation
is limited to only those stated causes of action alleging matters
insured against by this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to those
stated causes of action. It shall not be liable for and will not pay
the fees of any other counsel. The Company will not pay any fees,
costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy.
If the Company exercises its rights under this subsection, it must
do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order.
Page 3
CONDITIONS r(con't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
• to prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the right
to so prosecute or provide defense in the action or proceeding,
including the right to use, at its option, the name of the Insured for
this purpose. Whenever requested by the Company, the Insured,
at the Company's expense, shall give the Company all reasonable
aid (i) in securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and
(ii) in any other lawful act that in the opinion of the Company may
be necessary or desirable to establish the Title or any other matter
as insured. If the Company is prejudiced by the failure of the
Insured to furnish the required cooperation, the Company's obligations
to the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized representative
of the Company and to produce for examination, inspection, and
copying, at such reasonable times and places as may be designated
by the authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e -mails, disks, tapes, and
videos whether bearing a date before or after Date of Policy, that
reasonably pertain to the loss or damage. Further, if requested by
any authorized representative of the Company, the Insured Claimant
shall grant its permission, in writing, for any authorized representative
of the Company to examine, inspect, and copy all of these records
in the custody or control of a third party that reasonably pertain to
the loss or damage. All information designated as confidential by
the Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of
the claim. Failure of the Insured Claimant to submit for examination
under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information from
third parties as required in this subsection, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or contin-
ue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications)
policy. In addition, the Company will pay any costs, attorneys' fees,
and expenses incurred by the Insured Claimant that were authorized
by the Company up to the time of payment and that the Company is
obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or
damage provided for under this policy, together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that
were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided
for in subsections (b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has suffered
loss or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(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.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or
damage determined either as of the date the claim was made by
the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company
will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of access
to or from the Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals, it shall have fully
performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability
for loss or damage until there has been a final determination by a
court of competent jurisdiction, and disposition of all appeals,
adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
Page 4
CONDITIONS (can't)
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
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
subject, or which is executed by an Insured after Date of Policy and
which is a charge or lien on the Title, and the amount so paid shall be
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights of
the Insured Claimant in the Title and all other rights and remedies
in respect to the claim that the Insured Claimant has against any
person or property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If requested
by the Company, the Insured Claimant shall execute documents to
evidence the transfer to the Company of these rights and remedies.
The Insured Claimant shall permit the Company to sue, compromise,
or settle in the name of the Insured Claimant and to use the name
of the Insured Claimant in any transaction or litigation involving
these rights and remedies.
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have recovered
its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance, or
bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Unless prohibited by applicable law, arbitration pursuant tothe Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the Insured at
the time of a controversy or claim. Arbitrable matters may include, but
are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, and service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration is
made or, at the option of the Insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the Land is
located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) 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 Policy of Title Insurance 5-17-06lwith Florida Modifications)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(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.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to deter-
mine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
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 400 Second Avenue South, Minneapolis,
Minnesota 55401-2499, Phone: 612-371-1111.
Page 5
SCHEDULE A
Name and Address of Title Insurance Agent:
Weiss Serota Helfman Cole & Bierman, P.L.
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, Florida 33134
ORT File No.: 15123452 SO Policy Number: OXFL-08463271
Agent File No.: Village of Key Biscayne (0103.129)
Address Reference: 401 Hampton Lane, Key Biscayne, Florida 33149
Amount of Insurance: $2,090,000.00
Date of Policy: March 7, 2016 at 08:54:02 AM
1. Name of Insured:
Village of Key Biscayne Florida
Premium: $7,800
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Village of Key Biscayne Florida, a Florida municipal corporation by virtue of Warranty Deed recorded in
Official Records Book 29987, Page 4593, of the Public Records of Miami -Dade County, Florida.
4. The Land referred to in this Policy is described as follows:
Lot 17, Block 5, of TROPICAL ISLE HOMES SUBDIVISION, First Addition, according to the Plat thereof, as
recorded in Plat Book 50, Page 72, of the Public Records of Miami -Dade County, Florida.
ORT Form 4309 Page 1
ALTA Owner Policy of Title Insureance 6/06
" O R T F i l e N o . : 1 5 1 2 3 4 5 2 S O
P o l i c y N u m b e r : O X F L - 0 8 4 6 3 2 7 1
A g e n t F i l e N o . : V i l l a g e o f K e y B i s c a y n e ( 0 1 0 3 . 1 2 9 )
S C H E D U L E B
E X C E P T I O N S F R O M C O V E R A G E
T h i s p o l i c y d o e s n o t i n s u r e a g a i n s t l o s s o r d a m a g e , a n d t h e C o m p a n y w i l l n o t p a y c o s t s , a t t o r n e y s ' f e e s , o r e x p e n s e s t h a t
a r i s e b y r e a s o n o f :
1 . G e n e r a l o r s p e c i a l t a x e s a n d a s s e s s m e n t s r e q u i r e d t o b e p a i d i n t h e y e a r 2 0 1 6 , a n d s u b s e q u e n t y e a r s . N o t y e t d u e
a n d p a y a b l e .
2 . A l l m a t t e r s c o n t a i n e d o n t h e P l a t o f F I R S T A D D I T I O N T O T R O P I C A L I S L E H O M E S S U B D I V I S I O N , a s
r e c o r d e d i n P l a t B o o k 5 0 , P a g e 7 2 , o f t h e P u b l i c R e c o r d s o f M i a m i - D a d e C o u n t y , F l o r i d a
3 . E n v i r o n m e n t a l Q u a l i t y C o n t r o l B o a r d r e c o r d e d i n O . R . B o o k 1 7 7 4 3 , P a g e 4 2 8 9 , o f t h e P u b l i c R e c o r d s o f M i a m i - D a d e C o u n t y ,
F l o r i d a .
N O T E : A l l r e c o r d i n g r e f e r e n c e s i n t h i s c o m m i t m e n t / p o l i c y s h a l l r e f e r t o t h e P u b l i c R e c o r d s o f M i a m i - D a d e C o u n t y ,
F l o r i d a u n l e s s o t h e r w i s e n o t e d .
O R T F o r m 4 3 0 9 P a g e 2
A L T A O w n e r P o l i c y o f T i t l e I n s u r e a n c e 6 / 0 6
A. Settlement Statement
Buyer/Seller
Settlement Statement
B. Type of Loan
0 1. FHA
Q 4. V.A.
Q2.FmHA
Q5. Conv. Ins.
Q 3. Conv. Unins.
6. File Number
0103.129
ID:
7. Loan Number
8. Mortg. Ins. Case Num.
C. NOTE: This form is fumished to give you a statement of actual settlement costs. Amounts paid to and bythe settlement agent are shown. Items
maked "(p.o.e.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BUYER:
Address of Buyer:
E. NAME OF SELLER:
Address of Seller:
Village of Key Biscayne, a Florida municipal corporation
Village Hall, Suite 250, 88 West McIntyre Street, Key Biscayne, Florida 33149
Thomas Hunter Henderson, III, amarried man
7310 East Cypresshead Drive, Parkland, Florida 33067
F. NAME OF LENDER: CASH TRANSACTION
Address of Lender:
G. PROPERTY LOCATION: 401 Hampton Lane, Key Biscayne, Florida 33149
H. SETTLEMENT AGENT: Wass Serota Helfman Cole & Bierman, P.L.
Place of Settlement: 2525 Ponce de Leon Boulevard, Suite 700, Coral Gables, Florida 33134
I. SETTLEMENT DATE: 2/29/16 DISBURSEMENT DATE: 2/29/16
TIN:
TIN: 20-8112403
Phone: 305-854-0800
J. Summary of buyer's transaction
100. Gross amount due from buyer:
K. Summary of seller's transaction
400 Gross amount due to seller:
101. Contract sales price
2,090,000.00
401. Contract sales price
2,090,000.00
102. Personal property
402. Personal property
103. Settlement charges to buyer (Line 1400)
12,30128
403.
104.
404.
105.
405.
Adjustments for items paid by seller in advance:
Adjustments for items paid by seller in advance:
106. City/town taxes
406. City/town taxes
107. County taxes
407. County taxes
108. Assessments
408. Assessments
109.
409.
110.
410.
111.
411.
112.
412.
120. Gross amount due from buyer:
2,102,301.28
420. Gross amount due to seller:
2,090,000.00
200. Amounts paid or in behalf of buyer:
500. Reductions in amount due to seller:
201. Deposit or earnest money
100,000.00
501. Excess deposit (see instructions)
202. Principal amount of new loan(s)
502. Settlement charges to seller (line 1400)
23,316.00
203. Fasting loan(s) taken subject to
503. Existing loan(s) taken subject to
204. Principal amount of second mortgage
504. Payoff of first mortgage loan
205.
505. Payoff of second mortgage loan
206.
506. Deposits had by seller
207. Principal amt of mortgage held by seller
507. Principal amt of mortgage held by seller
208.
508.
209.
509.
Adjustments for items unpaid by seller:
Adjustments for items unpaid by seller:
210. City/town taxes
510. City/town taxes
211. County taxes from 01/01/16 to 01/31/16
1,658.99
511. County taxes from 01/01/16 to 01/31/16
1,658.99
212. Assessments
512. Assessments
213.
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
220. Total paid by/for buyer:
101,658.99
520. Total reductions in amount due seller:
24,974.99
300. Cash at settlement from/to buyer:
600 Cash at settlement to/from seller:
301. Gross amount due from buyer
(line 120)
2.102,301.28
601. Gross amount due to seller
(line 420)
2,090,000.00
302. Less amount paid by/for the buyer
(line 220)
(101,658.99)
602. Less total reductions in amount due seller
(line 520)
(24,974.99)
2,000,642.29
603. Cash ( 0 To ❑ From ) Seller:
2,065,025.01
303. Cash ( 0 From • To ) Buyer:
Substitute Form 1099 Seller Statement: The information contained in blocks E, G, H, and 1 and on line 401 is important tax information and is being
furnished to the IRS. If you are required to file a retum, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS
determines that it has not been reported.
Seller Instructions: If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your tax
retum; for other transactions, complete the applicable parts of Form 4797, Forn 6262 and/or Schedule D (Form 1040).
Buyer's Initial(s):
Seller's Initial(s):
DoubleTime®
Buyer/Seller Settlement Statement
Page 2
L Settlemon! charues E3 y,., POC Spurr POC
paid from
Buyer's
Funds at
Settlement
Paid from
Seller's
Funds al
Settlement
700. Total Sales/Brokers Com. based on price $2,090,000.00 @ % =
701 to
702. to
703. Commission paid at settlement
704. to
300 [toms oavable m connection with loan Bu nr Pi.0 Sine, 001
801. Loan origination fee % to
802. Loan discount % to
803. Appraisal fee to
804. Credit report to
805. Lender's inspection fee to
806. Mortgage insurance application fee to
807. Assumption Fee to
808. to
809. to
810. to
811. 10
900 hums required by leneer to he paid in advance. - ,er 00(: year POC
901. Interest from to @ /day
902. Mortgage insurance premium for months to
903. Hazard insurance premium for years to
904. Flood insurance premium for years to
905. -. s to
1000 Reserves denostted wdh lender Beyer POC S=hot POC
1001. Hazard insurance months @ per month
1002. Mortgage insurance months @ per month
1003. City property taxes months @ per month
1004. County property taxes months @ per month
1005. Annual assessments months @ per month
1006. Flood insurance months @ per month
1007. months @ per month
1008. months @ per month
1009. Aggregate accounting adjustment
1100 Title r;hareati Bu ver 010 Seller POC
1101. Settlement or closing fee to
1102. Abstract or title search (15123452S0) to Old Republic National Title Insurance Company
125.00
1103. Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Attorneys Fees to Howard T. Sutter
150.00
1107. Attorney's Fees to Timothy Stickney, Esq.
850.00
(includes above item numbers: )
1108. Title Insurance to Old Republic National Title Insurance Company/Weiss Serota
7,800.00
(includes above item numbers: )
1109. Lender's coverage (Premium):
1110. Owner's coverage (Premium): $2,090,000.00 ($7,800.00)
1111. Endorse:
1112. to
1113. Statutory Title Surcharge (15123452S0) to Old Republic National Title Insurance Company
3.28
1200 Government recording and transfer charges
1201. Recording fees Deed $18.50 Mortgages) Releases $18.50
18.50
18.50
1202. City/county tax/stamps Deed $9,405.00 Mortgages)
9,405.00
1203. State tax/stamps Deed $12,540.00 Mortgage(s)
12,540.00
1204. to
1205. E -Recording to Simplfile
4.50
4.50
1300 Additional settlement charues 0r,ver POC SPIler 201.
1301. Survey (Invoice #244376) to Target Surveying, LLC
975.00
1302. Lien Search (Invoice #15-12459) to Lightning Lien Letters, Inc.
185.00
1303. 2016 Estimated R.E. Taxes -HOLDBACK to Miami -Dade County Tax Collector
3,500.00
1304. Attorney's Costs-FEDEX/Certified DC to Timothy Stickney, Esq.
38.00
1305. to
1306. to
1307. to
1308. to
1309.
1400 Total settlement ctarrnes
( Enter on lines 103, Section J and 502, Section K)
12,301.28
23,316.00
ave carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on
my account or by me in this transaction. I further certify that 1 have received a copy of the Settlement Statement.
Village of Key Biscayne
By:
By:
Th
stat
John C. Gibert, age M
Buyer
Buyer
Seller
Thomas Hunter Henderson, III
Seller
Settlement Statement which prepared is a true and accurate account of this transaction. I have caused, or will cause, the funds to be disbursed in accordance with this
ent.
eiss Serota Heitman Cole & Bierman, P.L.
As Its Authorized Representative Date
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a
fine and imprisonment. For details see Title 18 U.S Code Section 1001 and Section 1010.
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