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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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American Land Title Association <br />WESTC00" R <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />Owner's Policy of Title Insurance <br />2021 v. 01.00 (07-01-2021) <br />with Florida modifications <br />insured: <br />i. the Amount of Insurance will be increased by 15%; and <br />ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the <br />dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, <br />proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim <br />required by Condition 3 is received by the Company as the date for calculating the fair market <br />value of the Title in Condition 8.a.ii. <br />In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d., the Company will <br />also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7. <br />9. LIMITATION OF LIABILITY <br />a. The Company fully performs its obligations and is not liable for any loss or damage caused to the <br />Insured if the Company accomplishes any of the following in a reasonable manner: <br />i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter; <br />ii. cures the lack of a right of access to and from the Land; or <br />iii. cures the claim of Unmarketable Title, <br />all as insured. The Company may do so by any method, including litigation and the completion of any <br />appeals. <br />b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the <br />Company or with the Company's consent, until a State or federal court having jurisdiction makes a final, <br />non -appealable determination adverse to the Title. <br />C. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the <br />Insured in settling any claim or suit without the prior written consent of the Company. <br />d. The Company is not liable for the content of the Transaction Identification Data, if any. <br />10. REDUCTION OR TERMINATION OF INSURANCE <br />All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the <br />Amount of Insurance by the amount of the payment. <br />11. LIABILITY NONCUMULATIVE <br />The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a <br />Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken <br />subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, <br />and the amount so paid will be deemed a payment to the Insured under this policy. <br />12. PAYMENT OF LOSS <br />When liability and the extent of loss or damage are determined in accordance with the Conditions, the <br />Company will pay the loss or damage within 30 days. <br />13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT <br />a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and <br />remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim <br />that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by <br />law, but limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. <br />If requested by the Company, the Insured Claimant must execute documents to transfer these rights <br />and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or <br />settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any <br />transaction or litigation involving these rights and remedies. <br />b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company <br />defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. <br />Copyright 2021 American Land Title Association. All rights reserved. <br />AAI(RI CAN <br />L -1N11 'fl Ht <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. _ y� <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 811212022) <br />
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