R97-036 RESOLUTION NO. R97~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND D.J.M. INTERNATIONAL
ENTERPRISES, INC.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is located at 12608 S.
Military Trail, in the unincorporated portion of our service
area; and
WHEREAS, water and sewer service was recently made
available to this parcel by the adjacent development;
WHEREAS, City policy requires annexation of the property
to be serviced at the earliest practicable time, as a
conditmon of the granting of water services outside its
jurisdictional limits;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO594ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a Water Service Agreement
between the City of Boynton Beach, Florida and D.J.M.
International Enterprises, Inc., said Agreement being attached
hereto as Exhibit "A".
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED thiS ~ day of March, 1997.
Ci~ Clerk
Mayor
~Tice Mav~r
TI{IS INSTR~3~4ENT PREP~i~ED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of ,
19 , by and between
hereinafter called the "Customer", and the CITY OF BOYNTON BEACH,
a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the
jurisdictional limits of the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton
Beach, Florida provide water service to the property owned by
Customer; and
WHEREAS, the City of Boynton beach has the ability to provide
water service to Customer's property; and
WHEREAS, the City of Boynton Beach has a policy which
conditions the grant of water services outside of its
jurisdictional limits on annexation of the property to be serviced
into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of
receiving water service from the Municipal Water System and the
mutual covenants expressed herein, the City of Boynton Beach and
the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service
from its Municipal Water System to service the real property
described as follows and which Customer represents is owned by
Customer:
2. The Customer and the City hereby agree that there are
Equivalent Residential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of
engineering, material, labor, installation and znspection of the
facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide service to
the Customer's premises. The Customer shall be responsible for
installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service
lines upon the Customer's premmses. Ail such lines shall be
approved by the Director of Utilities and subject to inspection by
the City Engineers. The City shall have the option of either
requiring the Customer to perform the work necessary to conform the
lines or the City may have the work performed on behalf of the
Customer, in which case the Customer will pay in advance all
estimated costs thereof. In the event the City has such work
performed, the Customer will also advance such additional funds as
may be necessary to pay the total actual costs incurred by the
City.
4. Any water main extension made pursuant to this Agreement
shall be used only by the Customer, unless written consent is
granted by the City of Boynton Beach for other parties to connect.
Ail connections shall be made in accordance with the Codes and
regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities
extended from the City Water Distribution System to and including
the metered service to Customer shall be vested in the City
exclusively'unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and
rates for service and equipment in connection with water service
outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to
tmme.
7. Any rights-of-way or easements necessary to accommodate
the connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver
to the City an Irrevocable Special Power of Attorney granting to
the City the power and authority to execute and advance on behalf
of the Customer a voluntary petition for annexation. Customer
covenants that it shall cooperate with the City and not raise
opposition or challenge to such annexation if and when annexation
is initiated. The property shall be subject to annexation at the
option of the City at any time the property is eligible under any
available means or method for annexation. Customer will inform any
and all assigns or purchasers of any or part of this property of
this covenant and of the irrevocable special power of attorney, but
Customer's failure to provide such notice shall not constitute a
defense or bar to the City's rmghts as set forth herein. The
Customer acknowledges that the consideration of initially
connecting to the City's water supply is sufficient to support the
grant of the power of attorney any subsequent disconnection or lack
of service shall in no way impair the power of attorney nor
constitute a diminution or lack of consideration.
9. The Customer acknowledges that this covenant regarding
annexation is intended to be and is hereby made a covenant running
with the land described in paragraph 1 above. This Agreement and
the power of attorney referenced herein is to be recorded in the
Public Records of Palm Beach County, Florida, and the Customer and
all subsequent transferee, grantees, heirs or assigns of Customer
shall be binding on the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability in the
event there is a reduction, impairment or termination in water
service to be provided under this Agreement due to any
prohibitions, restrictions, ].imitations or requirements of local,
regional, State or Federal agencies or other agencies having
jurisdiction over such matters. Also, the City shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire,, earthquakes, other casualties
or other circumstances beyond the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold
harmless the City of Boynton Beach, Florida, its Mayor, Members of
_ 3
the City Commission, Officers, employees and agents (Both in their
individual and official capacities) from and against all claims,
damages, law suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post
judgment collection) and costs rising out of or resulting from the
Customer's obligation under or performance pursuanu to this
Agreement.
12. No additional agreemenus or representations shall be
binding on any of the parties hereto unless incorporated in this
Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to
be bound thereby.
IN WITNESS WHEREOF, the parti.es hereto have set their hands
and seals this !~ day of ~ , 199--7.
WITNESS:
(Ai o n er)
CUSTOMER AS OWNER (S) :
(Print name)
Secretary (P. rint name)~. /~/2
(CORPORATE NOTARIZATION)
FOR CORPORATE NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared
,~. ~/~(~ ~~j~3 to me known to be the person(s)
described in a~d who e~ecuted the foregoing instrument that he/she
acknowledged before me that he/she executed the same; that the
individual was personally known to me or provided the following
proof of identification: _F£. ~6L. klc~
(N~ Seal)
WITNESS my hand and official seal in the County and State last
aforesaid this ~ ~ day of ~ , 199~
Notary Public
WITNESS:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
Cit~ Clerk
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared ~J'~t~ ~,~/0 ~ ,
Mayor and ~~Q~ /~ ~r~ , City Clerk respectively,
of the City named in the foregoing agreement and that they
severally acknowledged executing same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
vested in them by said City and that the City seal affixed thereto
is the true corporate seal affixed thereto is the true corporate
seal of said City.
WITNESS my hand and official seal in the County and State last
aforesaid this ~ day of /~cc~ , 1997. .~
(Notary Seal)
...-~.- -.?~%
=.: :.: MY C01V~AISSION ~ CC276705 EXPIRES
'&~ ~'F ~ ;~-" i~ONDED THRL! TR~Y FAIN INSUt~, INC,
Approved as to form:
City A~~ -
Notary Public
JAC/lms
900182
12/12/95.rev
WATERSRV.1
5
TEIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Josias & Goren, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
"Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON
BEACH, FLORIDA, true and lawful attorney mn fact for Grantee and in
Grantee's name, place and stead, for the sole purpose of executing
on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described
herein into the CITY OF BOYNTON BEACH. This power shall extend to
the CITY OF BOYNTON BEACH full and complete authority to act on
Grantee's behalf to accomplish annexation by any available means.
The real property which is the subject of this power is described
as follows:
The powers and authority of my attorney, THE CITY OF BOYNTON
BEACH, FLORIDA, shall commence and be in full force and effect on
the / ~ day of f~ , t9~ .~ and the powers and
authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto sen our hands and seals
the / ~ day of F ~3
in the year one thousand nine
hundred and ninety
. ~and delivered
in the presence of
Witness
~ri~t name
STATE OF FLORIDA
COUNTY OF PALM BEACH
ss:
THE FOREGOING INSTRUMENT was acknowledged before me this
, who are known to~ or who have
produced , as identification and who
did/did not take an oath.
ROBERT EOWARL' ~LOT
COMMI~iON f Co 243308 EXPIRE~
My Commission Expires:
POA. IND
Type or Print Name
Commission No.
Prepared
Jlhl~ W~ iI~XW,
MOWLZM & MOWLXH, P.A.
50 S.K. Fourth Avenue
Delray Beach, FL 33483
Property Control No.: 00 42 46 O1 00 000 '~]90
b
CORRECTIVE WARRANTY DEED
TlZf XW~,iITI/I~, mede this the _~day of March, 1993, between JOHN J.
GUARINE, a single men, end CHLOE P. GUARINE, a ;ingle woman, of the State of
Florida, Grantor, end DJM INTERNATIONAL ENTERPRISES, INC., a Florida
corporation, whose post office address is: 4100 South Military Trail, City of
Lake Worth, County of Palm Beach, State of Florida 33453, Grantee.
WZT~, that said Grantor, for and in consideration of the sum of
TEN AND 00/100 ($10.00) DOLLARS, and other good and valuable considerations
to said Grantor in hand paid by said Gramtee, Lne receipt whereof is hereby
acknowledged, has granted, bargained amd sold to the said Grantee, and
Grantee's heirs and assigns forever, the following described land, situate,
lying and belng in Palm Beach County, Florida, to-wit:
South 170.29 feet of Northwest quart=er of Northwest quarter of
Southwest quarter of Section 1, Township 4~ South, Range 42 East
(less West 60 feet for right-of-way of State Road 809)
· ~BJ~C~ restrictions, reservatio;m and easements of record, if any;
taxes subsequent to the year 1992 and all valid zoning ordinances.
~ said Grantor does hereby fully ~arrant the title to said lend, and
will defend the same against the lawful claims of all persons whomsoever.
TNXS ~XWE WA~/~M~A-Z DEED is given by Grantors to correct an
erroneous legal description contained l:~ that certain Warranty Deed from
Grantors dated November 30, 19~2 to Grantee, recorded in Official Record Book
__, pegs , of the Public Records of Palm Beech County, Florida.
IW W~TE~WHE~F, Grantor has hereunto set Grantor's hand and seal the
day and year first above written.
Signe~, sealed and delivered
in our presence:
~,~' ., . ' ~.~.~ ~'~..
- ; ~-CflLOE P. UAR~NE '
ST]LTE OF IeL~XDA
COUlTer OF PALM BEACH :
Z~YC~T. TX~y that on this day, beEore me, an officer duly authorized
in the State and County aforesaid to take acknowledgments, personally
appeared JOHN J. GUARINE and CHLOE P. G~RINE, well known to me to be the
persons described in and who executed the foregoing instrument in the
presence of two subscribing witnesses, an4 acknowledged before me that they
executed the same for the purposes therei~ stated.
WXTN~ my hand and official sea] in the County and State last
aforesaid, this the _~_~ day of March, ~993.
Car/ E. Siegel, ~+u..~-e,4
Saegel ~, Li.pran
5355 ~ Cer~ter ~::~ad, Suite 801
Boca RatX:~, ~lorida 33486
NOWLIN & NOWLIN, P.A. ~/
S0 SE FOUR~ AVENUE
DEL~AY BNACH, FL 33483
THIS GORRECTIVE MORTGAGE DEED
Executed the 2~th day of ~r~, A.D., 1993 by DoM
INTERNAT~ON~J~ ENTERPRISES, INC., hereinafter called the mortgagor
to CHLOE P. GUARINE and NANCY M. SMOOT, as Joint Tenants with Right
of Survivorship, hereinafter called the mortgagee: ¢~,~
terns 'Bottling' ~ 'lim'tgagee' t~u~e lit tH ~rtiss to this instrument ,~ the ~tr$,
W X T i B S S B T n, that f~r good and valuable
considerations, and also in considers=ion of =he aggregate sum
n~ in the promissory note of even fla~e herewith, hereinafter
descri~, the mortgagor hereby grant:s, bargains, sells, alieno,
r~ises, conveys and confirms unto the mortgagee all the certain
land of which the mortgagor is now sei:=~and in possession situate
i~ P.lm Beech County, Florida, viz:
SouCh 170.29 feet of Nor=hwes~ quarter of NorthwesC
que~er of Southwest quarter of Section 1, Township 46
South, Range 42 East (less West 40 feet for right-of-way
of State Road 809)
b ~ nd ~o Hold =he same, toga=her with the =eflemen=s,
her~it~en=s en~ e~pur=enences =he=e~:o belongiflg, and the ren~s,
issues end ~rofi=s =he=eof, unto =he mo=~egee, in fee simple.
~ the mortgagor covenants ~ith the mortgagee that the
mo~tga~r is indefeasibly seiz~ of said land in ~ee simple; that
the ~rtgegot has good right and lawful authority to conve~ said
land as aforesaid; that the mortgagor will make such ~urther
assurances to perfect the fee simple tit~e to said land in the
mortgagee as ma~ reasonab!~ be tequir~t~ that the mortgagor here~
~ull~ warrants the title to said land and will defend the
against the lawful claims of all persoJts whomsoever; and that said
land Es free and clear of all encu~r~lncee except taxes for 1992
and subs~uent years.
~ ~ays? that if said mortgagor shall pa~ unto said
~ort~a~ee the certain promissor~ note hereinafter substantially
copi~ or identified, to wit:
NO-TE. 01~ 77/~9 p~ ~
010,0~0.00 Boca R~ton, F~
, ' :, : · , , ,
~ .~t~ rm~t o J. Z~'rIoML E~ZSES,
and shall perfo~, compZy with and ;~lde ~ each and every the
a~emnts, stipulations, conditions, and covenants thereof, and of
this ~gage, then thin =or:gage and ~he estate hereby created,
shall cease, dare.ne and be null and void.
~ ~he ~r~gagor hereby further covenants and agrees ~o ~y
pr~ptly when due :he princi~ and interest and other s~s of
~n~ provid~ for in said note and t:his mortgage, or ei:her~ to
~y all and sine,ar the 1:axes. assassin.s, levies, li~ilities,
obligations, and encu~ra~{ces of ever~ nature on said proper:y} ~o
~, co~i: or suffer no was:e, J~3ai~ent or deterioration of
said land or the i~rovmments thereon a: any :~e; ~o keep the
buildings n~ or hereaf=ez- on enid /and fully insured in a s~ of
not lees :han ful~ insur~le va~ue in a co~ny ot c~anies
accept~le to the mortgagee, the ~licy or policies to be held by
~d ~y~le to, said ~gee, and ~n the event any sum of ~aey
~c~e ~yab~e by v~ue o~ such im~urance the mortgagee shall
have ~he right to receive and apply the same to :he indebt~nesa
hereby eecur~, accounting ~o :he mortgagor for any su~lus~ to ~y
all costs, charges, and e~enses, including attorneys fees and
title searches, reason~l7 incurr~ or ~id by :he mo~gagee
~cause of the failure of ~he mo~gagor ~o pro~tly and fully
~Co~!Fwi:h the a~e~en:e, stipule:ionia, conditions and covenants
of said :~o:e and this mortgage, or either; :o perfo~, comply wi~h
~ ~lnd
~bide by each and every' t he' agreements, stipulations,
conditions end covenants set forth in said note and this mortgage
9r e'ither. In the event the mortgagor fails to pay when due any
tix, assessment, insurance premium or other su~ of money payable, by
virtue of said note and this mortgage., or either, the mortgagee may
pay the same, without wa£ving or affecting the option to foreclose
or any other right hereunder, and all such payments shall bear
interest from date thereof at the highest lawful rate then allowed
by the laws of the State of Florida.
Xf any sum of money herein referred to be not promptly paid
within 30 d~ys next after the some becomes due, or if each and
every of the agreements, stipulations, conditions and covenants of
said note and this mortgage, or eli:her, are not fully performed,
complied with and abided by, then the entire sum mentioned in said
note, end this mortgage, or the satire balance unpaid thereon,
shall forthwith or thereafter, at the option of the mortgagee,
become and be due and payable, anyt:~ing in said note or herein to
the contrary notwithstanding. Failu.re by the mortgagee to exercise
any of the rights or options herein p~ovided shall not constitute
i waiver of any rights or options under said note or this mortgage
accrued or thereafter accruing.
THIS CORRECTIVE MOI~TGAGE DEED is given to correct the legal
description on that certain MORTGAGE DEED executed by mortgagor on
the 10th day of December, ~992, and recorded in Official Record
Book 7523, page 1553. of the Public Records of Palm Beach County,
Florida.
' ~ UZ~ WHBRBOF, the said mortgagor has hereunto signed and
sealed those presents the day and year first above written.
Signed, smalod and delivered
in the p~maence of:
S~c,a
S~te o~ FlOrida
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY 4..~90 (Florids ModlOed)
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
AMERICAN PIONEER
TITLE INSURANCE COMPANY
POLICY NO.
0P-5-0472-34[
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE
COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
~ 4., Lack of a right Of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signaWry.
Issued by.
AMERICAN PIONEER TITLE INSURANCE COMPANY
Secretary
The ~ ~ are expre~ excluded from the coverage of this policy ~ the Company will not pay loss or damage, costs, attorneys' fees or exbenees which
1. (a} Any law, ordinance or governmental ragulation (including but not limited to building and zoning laws, ordinances, or regulations) rasthcting, regulating, prohibiting or
ralming to (i} the occupancy, use, or enjoymant of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a sepan~ in owne~-ship or a cl~nge in the dimensions or area of the land or any parcel of which the land is or was a part or (iv) environmental protection,
or ~ elfect of any viofation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defeot, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
lb} Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance
resutiing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless nolice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurr~ prior to Date of Policy which would be binding on the fights of a purchaser for value without knowledge.
3. De, ds, liens, encumbrance~ edveme claims or o~er matters:
(a} orasted, suffered, aasumed or egreed to by the insured claimant;
(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 ~ insured clalrnant prior to the date the insured claimant became an insured under this policy;,
(=)-meullJng in no Io~ or damage to file in~umd claimant;
(d} atfaching or created subasquent to Date of Policy; or
(e) resulting in ioas or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this ~3olicy.
4. Any claim, which ansas out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or aimiiar creditors' fights laws.
CONDITIONS AND STIPULATIONS
1. DEF1NrrloN OF TERMS 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
(a) "insured": the insured named in Schedule A. and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distdbutoes, devisees, survivors,
personal reprasentalives, ..next of Idn, or corporate or ~uciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constnmfive knowledge or
.... n~ice which may be imputed to an insured by reason of the public records as
ds~lned-in ~ po#cy or any other records which impart sonetructive nolice of matters
{d} 'land": the land described or re{erred to in Schedule [Al, and improvements
affixed there~ which by law cons~tute real propafly. The term "land" does not
include any property beyond the lines of the area described or referred to in Schedule
IAI, nor any ~ titte, interest, estate or easement in abutang streets, roads, avenues,
alleys, lanes, ways or waterways, but no~ing herein shall modify or limit ~ extent
to which a right of access to and'from the land is insured hy this policy.
{e| "~mo~o-~e_._": mo~gage, deed of ~ Irust deed, or olher security instrument.
for the purpose of imparting constructive notice of matters relating to real property
to purchasers for value and ~ knowledge. With respect to Section l(aXiv)
of the Exclusions From Coverage, "public records" shall also include anvironmental
protection liens filed in the records of ~ clen~ of the United States disthct.c(x~t
(gl "unmarkatabitity of the title": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage, which would enffife a purchaser
of Ihe estate or interest described in Schedule A to be released from the obligation
title.
2. CONTINUATION OF INSUI~I~ICE N='rER CONVEYANCE OF TITLE
The coverage of ~ policy ~J cor~Jnue in ~ as of Date of Policy in favor
or hok~ an indebfedne~ __~c_~_~'ed by a ixachase money mortgage givan by a
purchaser from the insured, or ~ so ~ as the insured shall have liability by
reason of covenants of warranly made by the insured in any transtar or conveyance
of the ~ or ~ This policy shall not continue in force in favor of any
purChesar frc~ the insured of ei~ar (il an estate or interest in the land, or (ii)
an indel~Kthass ~ecumd by a purchase money mortgage given to the insured.
3. NOTICE OF Cl.A~ 10 BE QNEN BY IN~URED ~
The insured shall netily the Company promptly in writing {i) in case of any litigation
es se{ forth in Section 4(a) below. (ii} in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the title to the estate
~"~-' or interest, as insored, and which might causo loss or damage for which the Company
may be liabfe by v~tue of this policy, or* (iii) if litie to the estate or interest, as
insured, is rejected as unmmkatabfe. If prompt notice shall not be gn/en to the
Company, then as to the insured all liability of the Company shall terminate with
' - regard to the:matter or matters for which prompl notice is required; provided, however,
thai failure to notify the Cempany shall in no case prejudice the fights of any insu.red
un(~ this policy unless the Company shall be prejudiced by the failure and then
TO COOl.RATE
{a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third pan'y asserts a claim adverse to the title or interest
as insured, but only as to those stated causes of action alleging a defect, lien
or encumbrance or o~er matter insured against by this policy, The Company shall
have the fight to select counsel of its choice (subject to the right ol the insured
to object for reasonable cause) to represent the insured as to those stated causes
of action and 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 which allege matters not insured against
(b) The Company shall have the fight, at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be necassa~
or desirable to establish the ~e to the estate or interest, 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 shad be liable hereunder,
and shall nol thereby concede liability or waive any provision of this policy. If ~
Company shall exercise its rights under this paragraph, it shall do so diligonfly.
(c) Whenever ~e Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may oorsue
any litigation to*final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discm{ion, to appeal from any adverse judgment or
order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to se prosecute or provide defense in the action or
proceeding, and all appeals therein, and permit the Company to use, at its o~ion,
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 any action or proceeding, securing evidence, obtaining witnesses,
;'prosec~ng or defending the action or proceeding, or affecting sat~emant, and (ii)
in any o~her la'#[ul act which in ~ opinion of the Company may be necessa~
or desirable to establish the title to the estate or interest as insured. If the Company
is prejudiced by the fallura of lhe 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, wi~ regard
to the malta- or mat~s requmng such cooparat~n.
PROOF OF LOSS OR DM&N3E
In addition fo and alter the notices required under Section 3 of these Conditione
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
within 90 days after the insured claimant shall ascertain the facts giwng rise to
the loss or damage. The proof of loss or damage shall descdbe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent poasibfe,
the basis of ~lating the amount of the loss or damage. If ~ Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage,
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 rege~d
to the matter or matters requiring such proof of loss or damage.
Icou~n~ co~ SCHEDULE A
.... 01:~5--0472-~t
SCHEDULE A
AGENCY/BRANCH ID NUMBER
IREINSURANCE NUMBER
ISIMULTANEOUS NUMBER
DATE O~ POLICY AMOUNT OF INSURANCE
Y~rch 26, 1993 at 11:44 a.m. $320,000.00
DJM ~TIC~AL ~EERPRISES, INC. ,'a Florida corporation
2. The estate or interest in the land described herein and which is covered by this policy is: fee simple
3. 7he~ab~:or'~'re;effed to herein is at Date of Policy vested in the insured.
4. The land referred to in this policy is described as follows:
Sou~h 170.29 feet of No~t ~ of Noz~h~s~ qua.~e~ of Sou~est c~a.c'cer
of Section 1, Township 46 South, Range 42 East (less West 60 Feet for right-of-
~y of State B~ad 809)
MERiCAN
TITLE
~(:~4) WHiTE-O~inal
INSURANCE
IM~led by:
S~. & LIPMAN
PINK - Home Ofrtce Copy CANARY - Agent's Copy BLUE - Plant Copy
N--~ OP-5-0472-34 SC~EDUta S
This policy do~ not insure against loss or damage by teas(al of the following exceptions:
(1) Rights or claims of parties in possession not shown by thc public records.
(2) Enc?achrmmts, ow'rlaps, boundary linc disputes, and any other matters which would be disclosed by an
agL'urate survey and inspection of thc premises.
(3) Easements or claims of easements not shown by th(' public records.
(4) Taxes or special a~sessmcnts which arc not shown as existing liens by thc public records.
(5) q'axcs and assessments fi~r thc year.
(7)
1992 and sul)~qucnt years.
Mortgage executed by DJMInternational Enterprises, Inc. in favor of Chloe
P. Guarine and Nancy M. Smoot, as joint tenants with right of survivorship,
in the original principal amount of $310,000.00 dated December 10, 1992,
recorded on December 21, 1992, in Official Records Book 7523, Page 1833
of the Public Records of Palm Beach County, Florida.
Reservations of the Lake Worth Drainage District contained in Deed Book
805, Page 11 and Deed Book 643, Page 55 as partially released in Deed Book
1005, Page 98 of the Public Records of Palm Beach County, Florida.
NOTE: 'lhis I)(Ai('v (~,Lsists ,~f h,~.M i~tgcs lai,4'd ~.l',.duh.s % and B. This I)olic~. is of no f(a'('t- and
u,~,-ss I~.h im~,.~ are i,wlmk'd ah.,g with m,v a, hk'd lat~'s i,.-oqx.~,t~.d h}
WIIITE. - Original PINK - I Iome Off'ace Copy CANARY - Agent's Copy BI~UE - Plant Copy
~-...
APT'lC FORM #101
CONDITIONS AND STIPULATIONS - CONTINUED
In a(~dition, the insured ctaimant may reasonably be required to submit to
examination under oath by any suth~izod represan~ive of the Company and shall
produce rot examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representalNe of ~ Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or alter Dali of Policy, which reasonably pertain to the loss
or damage. Further, if requested by any authorized representative of the Company,
~ insured claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custoOy or con~'ol of a
third party, which reaSOnably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company pursuant to this
Secfio~ 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 other reasonably requested
information or grant permission to secure reasonably necessary information from
third pa~?s as required in this paragraph shall terminate any liability of the Company
under this poticy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SE'n'LE CLAIMS; TERMINATION OF
LIABIUTY
In case of a claim under this policy, the Company shall have the follOWing additional
(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, a~zxneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which Ihe Company is obligated to pay.
Upon lhe exercise by the Company of this option, all liability and obligations
to the insured under this palicy, ofher than to make the payment required, shall
l.g m nate, including any liability or obligation to defend, prosecute, or continue any
ation, and the policy shall be surrendered to the Company for cancellation
(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 policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the lime of payment and which the Company is obtigalid
to pay; or
(ii) to pay or otherwise seffie with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurr~J by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay.
Upon the exemise by the Company of either of the opl~ons provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the. ~laimed loss or damage, other than the' payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue
any litigal~en.
7. DETERMINATION, EXTENT OF LIABIMTY AND COINSURANCE
This paticy is a contract of indemn~ 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 and only to the extent herein
(a) The liability of the Company under this policy shall not exceed the least of:.
(i) the Amount of Insurance stated in Schedule A; or,
{ii) the dif~rence bet'ween the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or
{b) {This paragraph dealing ~ Co~surance was removed from Florida policies.)
· (c) The Company will pay only those costs, attorneys' fees and expenses incurred
~n accordance with Sec~ 4 of~e Cor~itions and S~pulations.
8. APPORTIONMENT
If the land described in Schedule IAI consists of two or more parcels which
ara not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and seifled on a pro rata
basis as ~f Ihe amount of insurance under this policy was divided pro rata as to
the value on Dali of Policy of each separate parcel to the whole, exclusive of
any i.m. prov. ements made subsequent to Date of Policy, unless a liability or value
has qlhe., rwtse been agreed upon as to each parcel by the Company and the insura~l.
at the lime of the issuance of this poticy and shown by an express statement
or by an endomemant attached to this policy.
(a) If the Company aslibiishes the title, or removes the alleged defect, lian or
encumlxance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasu~abiy diligent manner
by any method, including litigation and the completion of any appesis therefrom,
it shall have fully parformed its obligatJons with respect to that matter and shall
(b) In the event of any litigation, including litigation by ~ Company or with ~
Company's consent, the Company shall have no liability for loss or damage until
them has been a final determination by a court of component jurisdictkm, and
disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in setfiing any claim or suit wi~out the prior
written consent of the Company,
10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UABlUTY
All payments under this policy, excep~ payments made for ~ attorneys' fees
and expanses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
it is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring
a mortgage to which excepl~ is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured ~ which is a charge or lien on the estate or interest described or referred
to in Schedule A, an~ the amount so paid shall be deemed a payment under
this policy to the insured owner,
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this poticy for endomement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destzuction shall be furnished to the setisfec'don of the Company.
(b) Whan liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payabte within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR ~t i-EMENT
{a} The Company's Right of Subroga~on.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant
The Company shall be subrogalid to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any parson or propen'y necessary in order to perfect this dght of subrogation.
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 litigel~n involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the wh01e amount of the loss.
If loss should rasuit fi'om any act of the insured claimant, as stated above,
that act shall not void this policy but the Company, in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, if any, lost to the Company by mason of the Impairmant
by ~ insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company'~ right of subrogation against non-insurad obligors shall exist
and shall n(: ~li, without mitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, no~withstanding any terms or
-' cond~ons contained in those instruments which provide for subroga~on rights
by reason of this policy.
14. ARBrTRATION
Unless prohibited by applicable law, arbi~rat~n pursuant to the T~e Insurance
Arbi~'aSon Rules of the American Arbiira#on Assucia~ may be demanded if
agreed to by both Company and the insured. ArbSrable metter~ may include,
but are not limited to, any coniroversy or claim behveen Company and the insured
arising out of or relating to this policy, and service of Company in connect~
with its issuance or the breach of a policy provision or other obliga~n. Arbiea~n
pursuant to this policy and under ~ Rules in effect on ~ date the demand
for arbitration is made or, at the oplfon of the insured, the Rules /h effect at Da~
CONDITIONS AND STIPULATIONS - CONTINUED
award atlorneys' fees to a prevailing par~y. Judgment ~ the award rendered
by the Arbibatods) may be entered in any court having jurisdicfion ~hereo~.
The law of the situs of the land shall apply to an arbitra~n under the Title
Insurance Arbitration Rules.
A Copy of the Rules may be obtained from the Company upon request.
15. LIABILITY UMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
Company is the entire policy and contract between the insured and the Company.
In interpreting any provision of this policy, this policy shall be constnmd as a
(bi Any claim of loss or damage,, whelher or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby
or by any action asserting such claim, shall be restricted to this policy. .:
{c) No amendment of or endomement to this policy can be made excepl by
a writing endorsed hereon or attached hereto signed by either the President. a
Vice President, Ihe Secrelary, an Assistant Secratmy, or validating officer or
autho~zed signato~ of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or uneoforceat~e under
applicable law, the policy shall be deemed r~ to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished lhe Company shall include the number of this policy
and shall be addressed to the Company at 493 East Semoran Boulevard.
Casselberry, Flodda 32707. Telephone: (407) 260-8050.
626-8383
CSIMILE
624-1344
PHILIP E. BALAS
ATTORNEY AT LAW
February 12, 1997
ADMIRALTY TOWER. SUITE 800
4400 PGA BOULEVARD
PALM BEACH GARDENS, FLORIDA 33410
BY HAND DELIVERY
Gary D. Fields, Esq.
4400 PGA Boulevard, Suite 700
Palm Beach Gardens, Florida 33410
RE:
Title search update
Your reference: DJM International Enterprises, Inc.
Our File No.: P97014
Dear Mr. Fields:
You provided us with a copy of an owner's title insurance policy
naming DJM International Enterprises, Inc. as the insured, said
title policy was written on American Pioneer Title Insurance
Company with an effective date of March 26, 1993 at 11:44 a.m.
Said owner's title insurance policy insured the interest of DJM
International, Inc. in the following property (the Property):
South, 170.29 feet of Northwest quarter of Northwest quarter
of Southwest quarter of Section 1, Township 46 South, Range
42 East (less West 60 Feet for right-of-way of State Road
809)
You requested we confirm that, as of March 26, 1993 at 11:44
a.m., and from that date forwar&, DJM International Enterprises,
Inc. is the current record title holder of the Property and also
you asked that we advise you of any other parties that claim an
interest in the Property.
Our title search update is for the period March 26, 1993 at 11:44
a.m. through January 29, 1997 at 11:00 P.M. Within that period
of time, the following documents affecting the Property have been
recorded and ~opies of same are attached hereto:
Date Instrument
Recorded
Type of Instrument Official Record Book/Page
3/26/93 Corrective Warrant~ 7638/902
Deed
Guarine and Guarine, grantor, to DJM INTERNATIONAL ENTERPRISES,
INC., a Florida corporation, grantee.
6~1:!./93 Correct£ve Mortgage 7749/1167
Deed
DJM INTERNATIONAL ENTERPRISES, INC., mortgagor; Guarine and
Smoot!, mortgagees.
2/27/96 ~.asement 9137/1292
Astro Auto Salvage, as owner of the Property, grants 12' easement
along West Property line to the City of Boynton Beach (this
appears to be a defective conveyance as Astro Auto Salvage is not
in title and has no right to convey the Property or any portions
12/30/96 Easement 9592/40
Military 6, L.C., grants an easement to the City of Boynton Beach
for water and sewer utilities. The easement granted appears to
encroach somewhat onto the Northwest portion of the Property but
without a survey, we are unable to make a definite determination.
The above entries affecting the Property have been recorded among
the Official Records of Palm Beach County, Florida, during the
time period covered by this search. The information furnished to
you herein does not alleviate the necessity of an examination of
the complete instruments or court proceedings indexed.
No name search has been performed.
The information provided herein does not include a search of
federal liens filed in the Office of the Secretary of Sate
pursuant to Sec. 713.901, et seq.., F.S,, which became effective
January 1, 1993, and which designated that Office as the place
for filing federal liens against tangible and intangible personal
property of partnerships, corporations, trusts and decedents'
estates. For insuring purpose~ personal property includes, but
is not limited to, mortgages, leaseholds, mortgages on
leaseholds, interests in cooperative associations, vendees'
interests, and options.
Ad Valorem tax information is not pFovided.
PEB/k
attachments