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Last modified
10/23/2023 3:57:36 PM
Creation date
6/27/2023 2:02:35 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/06/2023
Control Number
2023-109
Agenda Item Number
13.D.
Entity Name
Sadhwani, Harish & Deepti
Subject
Mediation Settlement Agreement for Parcel of Right of Way at 6600 56th Street
Warranty Deed and Title Insurance
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />American Land Title Association Owner's Policy of Title Insurance <br />2021 v. 01.00 (07-01-2021) <br />t'with Florida modifications <br />-f <br />or control of a third party that reasonably pertain to the loss or damage. No information designated in <br />writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will <br />be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary <br />in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for <br />examination under oath, produce any reasonably requested information, or grant permission to secure <br />reasonably necessary information from third parties as required in Condition 6.b., unless prohibited by <br />law, terminates any liability of the Company under this policy as to that claim. <br />7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY <br />In case of a claim under this policy, the Company has the following additional options: <br />a. To Pay or Tender Payment of the Amount of Insurance <br />To pay or tender payment of the Amount of Insurance under this policy. In addition, the Company will <br />pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by <br />the Company up to the time of payment or tender of payment and that the Company is obligated to pay. <br />Upon the exercise by the Company of this option provided for in Condition 7.a., the Company's liability <br />and obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, <br />or continue any litigation. <br />b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant <br />i. To pay or otherwise settle with parties other than the Insured for or in the name of the Insured <br />Claimant. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by <br />the Insured Claimant that were authorized by the Company up to the time of payment and that <br />the Company is obligated to pay; or <br />ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this <br />policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by <br />the Insured Claimant that were authorized by the Company up to the time of payment and that <br />the Company is obligated to pay. <br />Upon the exercise by the Company of either option provided for in Condition 7.b., the Company's liability <br />and obligations to the Insured under this policy for the claimed loss or damage terminate, including any <br />obligation to defend, prosecute, or continue any litigation. <br />8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY <br />This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an <br />Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This <br />policy is not an abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or <br />other representation of the status of the Title. All claims asserted under this policy are based in contract and <br />are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging <br />negligence or negligent misrepresentation arising from or in connection with this policy or the determination <br />of the insurability of the Title. <br />a. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser <br />of: <br />i. the Amount of Insurance; or <br />ii. the difference between the fair market value of the Title, as insured, and the fair market value of <br />the Title subject to the matter insured against by this policy. <br />b. Except as provided in Condition 8.c. or 8.d., the fair market value of the Title in Condition 8.a.ii. is <br />calculated using the date the Insured discovers the defect, lien, encumbrance, adverse claim, or other <br />matter insured against by this policy. <br />C. If, at the Date of Policy, the Title to all of the Land is void by reason of a matter insured against by this <br />policy, then the Insured Claimant may, by written notice given to the Company, elect to use the Date of <br />Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii. <br />d. If the Company pursues its rights under Condition 5.b. and is unsuccessful in establishing the Title, as <br />Copyright 2021 American Land Title Association. All rights reserved. <br />A\1r R1('AN <br />IAN rI TI'fl f <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. r <br />Reprinted under license from the American Land Title Association. <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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