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2023-102
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Last modified
8/25/2023 11:33:10 AM
Creation date
6/27/2023 12:59:06 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/06/2023
Control Number
2023-102
Agenda Item Number
8.H.
Entity Name
Cobb, William James
Subject
Agreement to Purchase and Sell Real Estate for Right of Way
for the 41st Street Left turn lane (EB) at US 1
General Warranty Deed and Title Insurance
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American Land Title Association Owner's Policy of Title Insurance <br />WESTCOR with <br />l ride (07-01-2021) <br />with Florida modifications <br />C. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, <br />insurance policy, or bond, despite any provision in those instruments that addresses recovery or <br />subrogation rights. <br />14. POLICY ENTIRE CONTRACT <br />a. This policy together with all endorsements, if any, issued by the Company is the entire policy and <br />contract between the Insured and the Company. In interpreting any provision of this policy, this policy <br />will be construed as a whole. This policy and any endorsement to this policy may be evidenced by <br />electronic means authorized by law. <br />b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent <br />any term or provision of an endorsement is inconsistent with any term or provision of this policy, the <br />term or provision of the endorsement controls. Unless the endorsement expressly states, it does not: <br />i. modify any prior endorsement, <br />ii. extend the Date of Policy, <br />iii. insure against loss or damage exceeding the Amount of Insurance, or <br />iv. increase the Amount of Insurance. <br />15. SEVERABILITY <br />In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable <br />law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions <br />will remain in full force and effect. <br />16. CHOICE OF LAW AND CHOICE OF FORUM <br />a. Choice of Law <br />The Company has underwritten the risks covered by this policy and determined the premium charged <br />in reliance upon the State law affecting interests in real property and the State law applicable to the <br />interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land <br />is located. <br />The State law of the State where the Land is located, or to the extent it controls, federal law, will <br />determine the validity of claims against the Title and the interpretation and enforcement of the terms of <br />this policy, without regard to conflicts of law principles to determine the applicable law. <br />b. Choice of Forum <br />Any litigation or other proceeding brought by the Insured against the Company must be filed only in a <br />State or federal court having jurisdiction. <br />17. NOTICES <br />Any notice of claim and any other notice or statement in writing required to be given to the Company under <br />this policy must be given to the Company at: Westcor Land Title Insurance Company, Attn.: Claims, 875 <br />Concourse Parkway South, Suite 200, Maitland, Florida 32751. Telephone: (866) 629-5842. <br />18. ARBITRATION <br />a. All claims and disputes arising out of or relating to this policy, including any service or other matter in <br />connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising <br />out of or relating to the transaction giving rise to this policy, may be submitted to binding arbitration only <br />when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the <br />Title Insurance Arbitration Rules of the American Land Title Association ("ALTA Rules"). The ALTA <br />Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to <br />a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American <br />Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org. <br />b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in <br />Copyright 2021 American Land Title Association. All rights reserved. <br />The use of this Form (or any derivative thereof) is restricted to ALTA licensees and <br />ALTA members in good standing as of the date of use. All other uses are prohibited. <br />Reprinted under license from the American Land Title Association. r <br />OP -61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance (FLORIDA) (ALTA 7-01-2021) (WLTIC Edition 8/12/2022) <br />
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