160-Keller Industries Bond Issu
MEMORANDUM
October 19, 1988
FROM:
William, Colbert City Attorney ~
H. N. Tamm, Jr., City Clerk~/~
Keller Industries, Inc. Deed
TO:
RE:
Attached are co~ies of a warranty deed, financing statement,
title policy and Resolution No. 1367.
Stanley Levine of Keller Industries, Inc. telephoned and stated
that they are trying to refinance the parcel of land in the
warranty deed and the City has not transferred title.
Please advise what action should be taken.
jem
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FlAGSHIP BANK
OF TAMPA
Post Office Box 1498. Tampa. Florida 33601
(813) 224.2460
Trust Department
July 8, 1982
City of Sanford
City Hall
Sanford, FL 32771
Attn: H. N. Tam, Jr., City Clerk
RE: Keller Industries, Inc.
Industrial Development Revenue
Bonds City of Sanford, Series 1977
Dear Mr. Tam, Jr.:
Enclosed please find fully executed copy of "Agreement as to
Substitution of Trustee and Amendment to Indenture and
Amendment to Guaranty Agreement" with regard to our acting
as Trustee in the above captioned matter.
A fully executed copy has been forwarded to the Clerk of
Court for recording. I thank you for your cooperation in
this matter.
Very truly yours,
~
GILMAN N. GAUVIN
Trust Officer - Corporate Services
GNG/to
Enclosure
The Trust People People Trust in Florida
, ~
AGREEMENT AS TO SUBSTITUTION OF TRUSTEE
AND AMENDMENT TO INDENTURE AND AMENDMENT TO GUARANTY AGREEMENT
THIS AGREEMENT is made and entered into by and between the
City of Sanford, a municipal corporation created and existing under
the laws of the State of Florida; Keller Industries, Inc., a Florida
corporation; the Flagship Bank of Orlando, a banking and trust
company having its principal office in the City of Orlando, Florida
and the Flagship Bank of Tampa, a banking and trust company having
its principal office in the City of Tampa, Florida
WHEREAS trust business of the Flagship Bank of Orlando has
been transferred to the Flagship Bank of Tampa, and
WHEREAS the City of Sanford, Keller Industries, Inc., and
the Flagship Bank of Orlando have previously executed an Install-
ment Purchase Trust Agreement on December 1, 1977, naming the
Flagship Bank of Orlando as Trustee thereunder, and
WHEREAS the City of Sanford and the Flagship Bank of Orlando
did execute and enter into a Guaranty Agreement and an Indenture
both dated the first day of December, 1977, and
WHEREAS the parties now wish to substitute the name of the
Flagship Bank of Tampa on all of the above documents where the name
Flagship Bank of Orlando therein appears.
NOW THEREFORE the parties agree as follows:
1. Pursuant to the provisions of Section 10.14 of the
Installment Purchase Trust Agreement referred to above, the Flag-
ship Bank of Tampa shall be the Successor Trustee thereunder and
the Flagship Bank of Orlando shall 'deliver all assets of the trust
to the Flagship Bank of Tampa, and upon receipt the Flagship Bank
of Orlando shall be relieved of its further responsibility or
liability with respect thereto. Thereafter the Flagship Bank of
Tampa will administer the Trust pursuant to the original Install-
ment Purchase and Trust Agreement as Trustee.
2. The name Flagship Bank of Tampa shall be substituted for
the name Flagship Bank of Orlando wherever that name appears in the
Indenture executed by the City of Sanford (as Mortgagor)~ Keller
Industries (as Mortgagee) and the Flagship Bank of Orlando (as Trustee)
dated December 1, 1977, and recorded in the Official Records of .
Seminole County at Book 1173 on page 1381. This Amendment properly
reflects the substitution of the Flagship Bank of Tampa as Trustee and
the Flagship Bank of Tampa shall thereafter assume the rights and
duties under the Indenture and the Flagship Bank of Orlando shall
be relieved of any further responsibility or liability thereunder.
3. In a like manner, the Guaranty Agreement dated December 1,
1977, by and between Keller Industries, Inc. (as Guarantor) and the
Flagship Bank of Orlando (as Trustee) shall be amended so as to sub-
stitute the name Flagship Bank of Tampa for the name Flagship Bank of
Orlando wherever that name appears in that document. The Flagship
Bank of Tampa shall hereafter assume all rights and duties of the
Flagship Bank of Orlando thereunder, and the Flagship Bank of Orlando
shall thereafter be relieved of any further responsibility or lia-
bility thereunder.
4. The Flagship Bank of Tampa hereby accepts the duties and
obligations as Trustee under the said Installment Purchase Trust
Agreement dated December 1, 1978, as amended by this document and
further assumes the rights and duties under the said Guaranty
Agreement and Indenture also executed on December 1, 1977, and
hereby acknowledges receipt of the Trust assets from the Flagship
Bank of Orlando.
:' ' Th~trument was prepared
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of le~Frank & Trinkle
P. O. Box 2111, Tampa, Fla. 33601
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed in their respective corporate names and
their respective corporate seals to be affixed and attested by
their duly authorized officers, all as of the date first above
written but actually executed as indicated by the acknowledgements
below.
(SEAL)
ATTEST:
CITY OF SANFORD, FLORIDA
By: ~H--
Mayor-Commissioner
4~~~~.
cay/ CI (_ _
KELLER INDUSTRIES, INC.
(SEAL)
ATTEST:
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Lo~<-~'1/
~~ a Kd~"f
Secretary .
WITNESSES: FLAGSHIP
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Ks to Trustee
By:
Its: President
As Trustee
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WITNESSES:
FLAGSHIP BANK OF TAMPA
nit 1 n> 1114-- VY\rwh ~~ 'b
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As to S ccessor Trustee
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Its: Trust Officer - Corporate Services
As Successor Trustee
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this
23rd day of
April
, 1982, by
Lee P. Moore
the Mayor-Commissioner, and
H. N. Tamrn. Jr.
, the
City Clerk of the City of Sanford, Florida, respectively, on
behalf of the City of Sanford, Florida.
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OTARY PUBLIC
My Commission Expires:
Notary Puhlic, State of Florida
My Commission EKpi,es April 16, 1985
ponded Thr.u Troy fdin. In.>'Jlcnlo:t:, 10(;;.\
STATE OF FLORIDA
COUNTY OF ~ DADE
".
The foregoing instrument was acknowledged before me this
/ 4: day of ~ ' 1982, by ilo..lutf)11. (1 ff7u< /Yu../'.
'thS ~J.;v .~ J~~t Keller Industries, Inc., a Florida
corporation on behalf of the corporation.
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NOTARY PUBLIC
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES NOV 2 19.83
BONDED THRU GENERAL INS. UNDERWRITERS
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this
17th day of
June
, 1982, by
H. E. Davis, President
as
'I'rustee
for the Flagship Bank of Orlando, a
banking and trust company having its principal office in the City
of Orlando, Florida.
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(2,-,-~ h l' c,,-~Qcc
NOTARY PUBLIC
My Commission Expires:
~TARY Mi:\CSTATE OF 'FLORIDA AT LARC:;I
MY <:OMMISS10N Wlili~ iJol.: ~3 191;j~
IONOcL) lHKU ~tNCKl-\L I H:> , 1.J"",c"" ". ,,::,,~
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STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this
7th day of July , 1982, by' Gilman N. Gauvin
as Trust Officer-Corporate ser!bre~he Flagship Bank of Tampa, a
banking and trust company having its principal office in the City
of Tampa, Florida.
d4rf). cJtf #-
My Commission Expires:
, ,
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CLEVELAND, MIZE & BRIDGES
ATTORNEYS AND COUNSELORS AT LAW
PICD BUILDING
MACK N, CLEVELAND. JR.
C. VERNON MIZE, JR.
JACK T, BRIDGES
209 NORTH OAK AVENUE
P. Q. DRAWER Z
Hay 30, 1979
SANFORD, FLORIDA 32771
TELEPHONE 322-1314
Hand Delivery
Mr. Henry N. Tamm, Jr.
City Clerk
City of Sanford, Florida
Re: Keller Industry Bond Issue
Dear Henry:
I have for sometime had in my file certain documents
relative to the above matter which should be in your possession as
custodian of City documents. Therefore, enclosed herewith are the
following documents:
1. Warranty Deed from Hunt Oil Company to the City of
Sanford, dated May 31, 1978 and recorded in Official Records Book
1173, pages 1379-1380 on the public records of Seminole County, Florida.
2. Financing Statement showing Keller Industries, Inc.
as debtors and City of Sanford as secured party dated June 14, 1978 and
recorded in Official Records Book 1173, page 1388 on the public records
of Seminole County, Florida.
3. Lawyers Title Insurance Corporation, Policy No. J8045l3
in the sum of $30,000.00 dated June 14, 1978 insuring the City of Sanford.
I assume that you have had the document executed which was
requested by Flagship Bank relative to the bond issue being assigned to
the bank in Tampa and will send that direct to the bank. If there are
any questions, please advise,
Very truly yours,
CLEVELAND, MIZE & BRIDGES
~
C. Vernon Mize, Jr.
CVMjr/bes
enclosures
P.S. Please return the Substitution as Bank Trustee document to
Bill Hutchison.
--'--'
1. Deb~rl,s) llast Name First) and address(esl
,t~ . ..,.. . .'
1\ :"e..L18Y.' Inl1us;:rles, Inc.
IJOGO ~tat2 Road 09
0iami, Flo~i6a 3?162
Ci-ty of Sanfora.
City Hall
Sanfor6, Florida 32771
Maturity date if any
Fo.r.fil1f,g Offi(~te, Time, Number. ond Filing Office
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THIS FINANCING STATEMENT is presented to a filing officer for filing pursuant to the Uniform Commercial Code:
2. Secured Party(ies) and address(es)
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All furniture, fixtures, machinery, equipment and
other personal property of every nature whatsoever
or herea~ter owned by Debtor and attached to, used
in connection with or locatea. in or on the real
~roper'ty o.escriLed in Schedule A a'ttachec.l here'co.
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4. This financing statement covers the folloW"ing types (or items) of property:
5. Assigneel\s) of Secured Party and Addressles',
6. The sec.ured porty(s). whose signature{s} appears below, states that the stomps required by Chapter 201. Florida Statutes. il any. have been
placed on the promissory Instruments secured hereby, and will be placed on any additional and similar instrument that may be so secured.
Flagship Bank of
Orlando
Post Office Box 6727
Orlano.o, Florida 32803
This statement is filed without the debtor's signature to perfect a security interest in collateral. (Check 181 if so)
C Already subject to a security interest in another jurisdiction when it was brought into this state.
D which is proceeds of the original collateral described above in which a security interest was perfected:
By,
_ r I /' Sign~~e!s) of ebtoris)
~~A//'~ Y./C~ --~eL;,)-/PC./~
, , 0" t;;.g"oy AI h b" I ST ANDARD
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Check cs;J if covered: ~ Proceeds of Collateral are also covered. XJ Products of Collateral are also covered, No. of additional Sheets presented:
Filed with,
CLL;~{~~ Oli' Cn~CUI':C CaUL'i.', SEl:lIlJOLE COUl-:TY
l.~:'::~J:,LER nmUSTRII;S, E1C.
By,
Signature(s: of Secured PartY'lies;
FORM - FORM UCC-l
~~ ~. ,TA~fHUU.S"~AI ~~I iJJ1I!C'Y ~"t~~tJ of Flo'id~
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lOOK PAGE
SEMINOLE COUNTY
FLORIDA
The legal description of that certain parcel of land (herein
SCHEDULE A
called the "Property" or "the land of the Project" or "the site of
the projecttl) situate, lying and being in the City of Sanford,
Seminole County, Florida, is as follows:
From the Center of Section 7, Township 20
South, Range 31 East, Seminole County, Florida,
run West along the North Line of the sw 1/4 of
said Section 7, a distance of 621.47 feet,
thence run S.0036'56"W., 25.00 feet for a POINT
OF BEGINNING, thence continue S.0036'56t1W.,
along the West Right-of-~'lay Line of the ACL
Railroad, a distance of 502.45 feet to a Point
on a curve concave Northwesterly having a
radius of 454.84 feet and a tangent bearing at
said point of 5.18039 I 22"W., thence run
Southwesterly along said curve, a distance of
383.55 feet through a central angle of
48018'56", thence run N.oo14'08"W., parallel
to the East line of the SW 1/4 of said Section
7, a distance of 775.52 feet, thence run East
261.50 feet to the Point of Beginning. Said
Parcel contains 4.000 Acres.
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AMOUNT
kwyers l1tle Insurance (9rporation
A Stock Company
Home Office - Richmond ,Virginia
POLICY OF TITLE INSURANCE
SCHEDULE A
NAME OF INSURED
DATE OF POLICY
$ 30,000.00
14 June 1978
3:44 P. M.
CITY OF SANFORD, THE COUNTY OF SEMINOLE, STATE OF FLORIDA
1. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
2. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF SANFORD, THE COUNTY OF SEMINOLE, STATE OF FLORIDA
3. The land referred to in this Policy is described as follows:
The following land is located in Seminole County, Florida:
From the Center of Section 7, Township 20 South, Range 31 East, Seminole County,
Florida, run West along the North line of the SW 1/4 of said Section 7, a distance
of 621.47 feet, thence run S. 0036'56" W., 25.00 feet for a POINT OF BEGINNING,
thence continue S. 0036'56" W., along the West right-of-way line of the ACL Rail-
road, a distance of 502.45 feet to a point on a curve concave Northwesterly having
a radius of 454.84 feet and a tangent bearing at said point of S. 18039'22" W.,
thence run Southwesterly along said curve, a distance of 383.55 feet through a
central angle of 48018'56", thence run N. 0014'08" W., parallel to the East line
of the SW 1/4 of said Section 7, a distance of 775.52 feet, thence run East 261.50
feet to the Point of Beginning.
BEING the same property conveyed to CITY OF SANFORD, THE COUNTY OF SEMINOLE, STATE
OF FLORIDA, by deed from HUNT OIL COMPANY, a Delaware corporation; dated 31 May
1978, and recorded 14 June 1978 at 3:43 P. M., in Official Records Book 1173,
Page 1379, of the Public Records of Seminole County, Florida.
(
Issued at: Sanford, Florida
10841
Page l-Sched. A-Policy No. J 804513
ORIGINAL
ALTA Owner's Policy-Form A-1970 (Rev, 10,17,701 Copyright 1969
PolICY 84-lltho in U,S,A,
AlTA Owner's PolICy-Form A-1970 (Rev, 10,17,70) Copyright 1969
kwyers l1tle Insurance (9rporation
A Stock CompOfl.y
Horne'()~it'RtdHnOJld ,Virginia
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STlPUlATION$HE~EOF, LAWYERS TITLE INSURANCE CORPORATION,
a Virginia corporation, herein called the <,:ompany, insures, as of D.ate of Policy shown in Schedule A, against
loss or damage, not exceeding the amol.,tnt of insu'tQn(;e stoted in Schedule A, and costs, attorneys' fees and
expenses which the Company may become obligated to pay herel,Jnder, sustained or incurred by the insured
by reason of: ' .' .
1. Title to the estate or interest described in Sqbedl,de A being vested otherwise than as stated ther~in;
2. Any defect in or Iien,or encumbrartceon sucll title; or
3. Lack of a right of access to and from the laoo.
IN WITNESS WHEREOF the Company has c()\Jsed.;~hisPolicy to be ~igned and sealed, to be valid when Sched-
ule A is countersigned by an authorized officer or agellt, of tbe Company, all in accordance with its. By-Laws.
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kwyers l1tle Insuf6'F (9rporation
07ukt-c. ~~
s
Presiden'
Attest:
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi-
nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulat-
ing the character, dimensions or location of any improvement now or hereafter erected on the land,
or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the
effect of any violation of any such law, ordinance or governmental regulation.
2. Rights' of eminent domain or governmental rights of police power unless notice of the exercise of such
rights appears in the public records at Date of Policy. '
3. Defects, liens, encumbrances, adverse claims, or other matters (0) created, suffered, assumed or agreed
to by the insured claimant; (b) not known to the Company and not shown by the public records ~ut
known to the insured claimant either at Dote of Policy or at the dote such claimant acquired on estate
or interest insured by this policy and not disclosed in writing by the insured claimant to the COrTlpany
prior to the dote such insured c1aimar.t become on insured hereunder; (c) resulting in no loss or dam-
age to the insured claimant; (d) attoching or created subsequent to Date of Policy; or (e) resulting in
loss or damage which would not hove been sustained if the insured claimant hod paid value for the es-
tate or interest insured by this policy.
4. .The refusal of any person to purchase, lease or lend money on the estote or interest covered hereby
in the land described in Schr ' de A.
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kwyers lltle Insurance (9rporation
A Stock Company
Home Office - Richmond .Virginia
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
I. The dower, curtesy, homestead, community property, or other statutory marital
rights, if any, of the spouse of any individual Insured.
2. Taxes for the year 1978 and any taxes or assessments levied or assessed subsequent
to the date of this policy.
3. Any possible unfiled mechanics', materialmen's, or laborers' liens.
4. Terms and conditions of restrictive covenants as appear in Official Records
Book 1173, Page 1373, of the Public Records of Seminole County, Florida.
5. U.C.C. Financing Statement securing CITY OF SANFORD; recorded 14 June 1978 at
3:43 P. M., in Official Records Book 1173, Page 1388, of the Public Records of Seminole
County, Florida.
6. U.C.C. Financing Statement securing FLAGSHIP BANK OF ORLANDO; recorded 14 June
1978 at 3:44 P. M., in Official Records Book 1173, Page 1390, of the Public Records
of Seminole County, Florida.
7. Mortgage from CITY OF SANFORD, a municipal corporation created and existing
under the laws of the State of Florida, to FLAGSHIP BANK OF ORLANDO, As Trustee
under that certain Installment Purchase Trust Agreement entered into as of 1 December
1977, by and between the City of Sanford, the Flagship Bank of orlando, and KELLER
INDUSTRIES, INC., a Florida corporation; dated 1 December 1977, and recorded 14
June 1978 at 3:43 P. M., in Official Records Book 1173, Page 1381, of the Public
Records of Seminole County, Florida.
Page 1 of Sched. B-Policy No.
ORIGINAL
J804513
Policy 84 Litho in U.S.A.
035-0-084-0002
ALTA Owner', Poli'V-,Form A-1970 (Rev, 10,17,70) Copyright 1969
Policy a.4 Lilho in U,S.A,
ALTA Owner's Policy-Form A-1970 (Rev. 10-17-701 Copyright 1969
kwyers l1t1e Insurance (9rporation
A Stock Company
Home Office ~ Richmond .Virginia
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subjed to any rights or
defenses the Company may have had against the named insured, those who suc-
ceed to the interest of such insured by operation of law as distinguished from
purchale including, but not limited to, heirs, distributees, devisees, survivors, per-
sonal representatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage hereunder.
(c) "knowledge": adual knowledge, not construdive knowledge or nolice which
may be imputed to an insured by reason of any public recoq:ls.
(d) "land": the /and described, specifically or by reference in Schedule A, and
improvements affixed Ihereto which by law conslitute real property; provided,
however, the term "Iand" does noi include any property beyond the lines of the
area speciflcally described or referred to in Schedule A, nor any righI, title, interest,
estate or easement in abutting streets, roads, avenues, alleys, lones, ways or water...
ways, but nothing herein shall modify or limit Ihe extent to which a rig hI of access
to and from Ihe land is insured by this policy,
(e) "mortgage": mortgage, deed of trust, trusl deed, or other securily instrument.
(f) "public records": those records which by law imparl construdive nolice of
mailers relating 10 said land.
2. Continuation of Insurance after Conveyance of Title
The coverage of Ihis pOlicy shall conlinue in force as of Date of Policy in favor
of an insured so long as such insured retains on estate or interest in the land, or
hol!ls an indebtedness secured by a purchase money morlgage given by a pur-
chas"r from such insured, or so long as such insured shall have liability by reason of
covenants of warranty made by such insured in any transfer or conveyance of such
estate or interesl; provided, however, this policy shall not continue in force in favor
of any purchaser from such insured of either said estale or interest or the indebled-
ness secured by a purchase money mortgage given to such insured.
3. Defense and Prosecution of Actions-Notice of Claim to be given by an
Insured Claimant
(a) The Company, 01 its own cosl and withoul undue delay, shall provide for the
defense of an insured in 011 litigation consisting of actions or proceedings com-
menced against such insured to the exlenl thaI such litigation is founded upon on
alleged defed, lien, encumbrance, or other maNer insured against by Ihis policy.
(b) The insured shall nolify the Company promptly in writing (i) in case any action
or proceeding is begun as set forth in (0) above, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest which is adverse to Ihe tille
to the estate or inlerest as insured, and which might cause loss or damage for which
the Company may be liable by virtue of Ihis policy. If such prompt notice shall not
be given to the Company, then as to such insured allliabilily of Ihe Company shall
cease and terminate in regard to Ihe mailer or mailers for which such prompt nolice
is required; provided, however, that failure 10 nolify shall in no case prejudice the
rights of any such insured under this policy unless the Company shall be prejudiced
by such failure and then only to the extenl of such prejudice.
(c) The Company shall have Ihe right 01 its own cost 10 institute and withoul un-
due delay prosecute any adion or proceeding or to do any other ad which in its
opinion may be necessary or desirable to eslablish the title to the estale or interest
as insured and Ihe Company may take any appropriate adion under the lerms of
this policy, whelher or not il shall be liable thereunder, and shall not' thereby con-
cede liabilily or waive any provision of Ihis policy.
(d) Whenever Ihe Company shall have brought any adion or interposed a defense
as required or permilted by Ihe provisions of Ihis policy, the Company may pursue
CU1y such Iiligation to final determination 'by 0 court of compelenl jurisdidion and
, expressly reserves Ihe righI, in its sole discrelion, 10 appeal from any adverse judg.
ment or order.
(e) In all cases where Ihis policy permi" or requires I~e Company to prosecule
or ~e for the defense of any action or proceeding, the insured hereunder shall
secure to the Company Ihe righl to so pro~ecute or provide defense in such aclion
or proceeding, and all appeals Iherein, and perinil Ihe Company to use, at its oplion,
the name of such insured for such purpose. Whenever requesled by the Company,
luch insured shall give Ihe Company 011 reasonable aid in any such action or pro-
ceeding, in effecting settl.ement, securing evidence,obtajnj~g witnesses, or prosecut-
ing or defending such action or proceeding, and Ihe Company shall reimburse such
insured for any expense so incurred.
4. Notice of Loss-Limitation of Action
In addilion to the nolices required under paragraph 3(b) of these Condilions and
Stipulalions, a statemenl in writing of any loss or damage for which it is claimed
the Company il liable under this policy shall be furnished to the Company within
90 days after such loss or damage shall hove been delermined and no right of
adion sholl accrue 10 on insured c1aimanl unlil 30 days after such slatement sholl
have been furnished. Failure 10 furnish such slalemenl of loss or damage sholl ler-
minale any liability of Ihe Company under Ihis policy as 10 such loss or damage.
S. Options 10 Payor Olherwise Sellle Claims
The Company shall have the opli<;>n to payor otherwise seltle for or in the nome
of an insured claimant any claim insured against or to terminate all liability and
obligalions of the Company hereunder by paying or lendering paymenl of Ihe a-
mount of insurance under this policy together with any costs, attorneys' fees and
expenses incurred up t9 the time of 5uch payment or tender of payment, by the
insured claimant and authorized by the Company.
6. Determinalion and Paymenl of Loss
(a) The liabilily of Ihe Company under this policy shall in no case exceed the leasl
of:
(i) Ihe actual loss of Ihe insured c1aimonl; or
(ii) the amounl of insurance stated in Schedule A.
(b) The Company will pay, in oddilion 10 any loss insured ogoinsl by Ihis policy,
011 costs imposed upon an insured in liligolion carried on by Ihe Company for such
insured, and all costs, attorneys' fees and expenses in litigation carried on by such
insured wilh Ihe wrilten oulhorizolion of Ihe Company.
{cl When liabilily has been definilely fixed in accordance wilh Ihe condilions of
this policy, the loss or damage sholl be payable wilhin 30 days Ihereafter.
Continued on cover sheet
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CONDITIONS AND STIPULATIONS-CONTINUED
7. Limitation of Liability
No claim shall arise or be mointainable under this policy (0) if the Company,
after having received notice of on alleged defect, lien or encumbrance insured
against hereunder, by litigation or otherwise, removes such defect, lien or encum-
brance or establishes the title, os insured, within 0 reasonable time after receipt
of such notice; (b) in the event of litigation until there has been 0 flnal determination
by 0 court of compelent jurisdiction, and disposition of 011 appeals therefrom,
adverse to the tille, os insured, os provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by on insured in sellling any claim or suit wilhout
prior wrillen consent of the Company.
a. Redudion of liability
All payments under this policy, except payments mode for costs, allomeys' fees
and expenses, shall reduce the amount of the insurance pro lanto. No payment shall
be mode without producing Ihis policy for endorsemenl of such payment unless the
policy be lost or destroyed, in which case proof of such loss or destruction sholl be
furnished to the satisfaction of the Company.
9. 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 either (a)
a mortgage shown or referred to in Schedule B hereof which is a lien on the estate
or interest covered by this policy, or (b) a mortgage hereafter executed by an in-
sured which is a charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment under this policy.
The Company shall have the option to apply to the payment of any such nlortgages
any amount that otherwise would be payable hereunder to the insured owner of the
estate or interest covered by this policy and the amount so paid shall be deemed
a payment under this policy to said insured owner.
10. Apportionment
If the land described in Schedule A consists of two or more parcels which are not
used as a single site, and a loss is established affecting one or more of said parcels
but not all, the loss shall be computed and sellled on a pro rata basis as if the
amount of insurance under this policy was divided pro rata as to the value on Date
of Policy of each separate parcel to the whole, exclusive of any improvements
made subsequent to Date of Policy. unless a liability or value has otherwise been
agreed upon as to each such parcel by the Company and the insured at the time of
the issuance of this policy and shown by an express statement herein or by an
endorsement allached hereto,
'1. Subrogation Upon Payment or Selllement
Whenever the Company shall hove sellled a claim under this policy, 011 right of
subrogation shall vest in the Company unaffected by any ael of the insured c1oim,
anI. The Company sholl be subrogated 10 and be entitled 10 all rights and remedie,
which such insured c1aimanl would have hod against any person or property in
respect 10 such claim had this policy nol been issued, and if requesled by the Com,
pony, such insured claimant shall transfer to the Company all rights and remedit-s
against any person or property necessary in order to perfect such right of subroga-
tion and shall permit the Company to use the nome of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment does not
cover the loss of such insured c1aimanl, Ihe Company shall be subrogated to ,uch
rights and remedies in Ihe proportion which ,aid payment bears 10 Ihe a mount of
scid loss. If loss should result from ony act of such insured c1aimanl, such uct ,ho II
not void this policy, but the Company, in Ihal evenl, shall be required to poy only
that part of any losses insured against hereunder, which sholl exceed the amount, tf
any, lost to Ihe Company by reason of Ihe impoirment of the righl of subrogution,
12. L1abilily limited 10 this Policy
This instrument together with all endorsements and other instruments, if any, ot
tached herelo by the Compony is Ihe entire policy and conlroct belween the insured
and the Company.
Any claim of loss or damage, whether or not based on negligence, and which
arises out of the status of the title to the estate or interest covered hereby or any
action asserting such claim, shall be restricted to the provisions and conditions and
stipulalions of Ihis policy.
No amendment of or endorsement to this policy can be made except by writing
endorsed hereon or attached hereto signed by either the Fresident, a Vice Pres.
ident, the Secretory, an Assistant Secretary, or validating officer or authorized
signalory of the Company,
'3. Nolices, Where Sent
All notices required to be given the Company and any statement in writing re-
quired to be furnished the Company shall be addressed 10 its Home Office, 3800
Cutshaw Avenue, Richmond, Virginia 23230,
kwyers l1tle Insurance @rporation
A Stock Company
Home Office - Richmond ,Virginia
Policy 84 Who in U.S,A,
ALTA Owner's Policy-Form A-1970 (Rev, 10,17,701 Copyright 1969
"
\
11"31379
lOOK PAGE
SEMINOLE COUNTY
FLORIOA
WARRANTY DEED
THIS INDENTURE, made this 31st day of May, 1978, between Hunt Oil
Company, a corporation, existing under the laws of the State of Delaware,
t'c C';
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having its principal place of business in the County of Dallas, State of
Texas, Party of the First Part, and City of Sanford, the County of Seminole,
State of Florida, Party of the Second Part,
WIT N E SSE T H:
That the Party of the First Part, for and in consideration of the
sum of Ten Dollars and No/lOO ($10.00) to it in hand paid by the said Party
of the Second Part, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Party of the Second Part, forever, the fol-
lowing described land situate, lying and being in the County of Seminole,
State of Florida, to-wit:
026199
From the centerline of Section 7, Township 20 South,
Range 31 East, Seminole County, Florida, run West
along the Northern line of the Southwest quarter of
Section 7, a distance of 621.47 feet,
THENCE, run S0036t56" West 25 feet to a point of
beginning,
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..... __o-'lA'.,,(A.F' V
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THENCE, continue So036'56" West along the West Right-
of-Way line of the Atlantic Coastline Railroad, a
distance of 502.45 feet to a point of a curve concave
Northwesterly having a radius of 454.84 feet and a
tangent bearing at said point of S18039t22" West,
JUN '4 3 43 fK '10
THENCE, run Southwesterly along said curve, a distance
of 383.55 feet through a central angle of 480l8t56",
THENCE, run NOo14108" West parallel to the East line
of the Southwest quarter of said Section 7, a dis-
tance of 775.52 feet,
THENCE, run East 261.50 feet to the point of begin-
ning, containing 4.000 acres.
This conveyance is made subject to the following:
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(a) easements and rights-of-way of record,
'~
(b) zoning ordinances of the City of Sanford,
Florida, and
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(c) restrictions, Sanford Industrial Park,
Section Six covering said land and duly
recorded in the official records of Seminole
County, Florida.
;~
And the Party of the First Part does hereby fully warrant the title
to said land, and will defend the same against the lawful claims of all persons
whomsoever.
r-.
c.r,. c.
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22
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JT1 <::>
...!",!oo.... i.-'---v'" ' .. r, ',~ ' 'ARY-
"'t\ ~-' \ L''J'JJi"L1~1 =
" ". FLORlbA \ SUR TAX
~n. JUNIS'78 p.~\ I:: 33. 0 ~
tmllft 108" ", ) _.._~ =
";'--
~
I 7 3
380
iOO~ ~^GE
SEMINOLE cou~n
FLOR 1D4
IN WITNESS WHEREOF, the said Party of the First Part has caused
these presents to be signed in its name by its Senior Vice President, its
Corporate Seal to be affixed, and attested by its Secretary, the day and
year above written.
Signed, sealed and delivered
in the presence of the under-
signed witnesses:
HUNT OIL COMPANY
~/'- ~
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,jy,: y /~/~ '-ce.<_'L ~~..
W. B. Beeman, Senior Vice President
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ATTEST:
George
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STATE OF TEXAS
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COUNTY OF DALLAS I
I HEREBY CERTIFY, that on this~/,n~ day of CLA~, 1978, before me
personally appeared W. B. Beeman and George Cunyus,~;i~r Vice President and
Secretary, respectively, of Hunt Oil Company, a corporation under the laws of
the State of Delaware to me known to be the persons who signed the foregoing
instrument as such officers and severally acknowledged the execution thereof
to be their free act and deed as such officers for the uses and purposes
therein mentioned and that they affixed thereto the official seal of said cor-
poration and that the said instrument is the act and deed of said corporation.
i WITNESS my signature and official seal at Dallas, in the County of
?Dallas and State of Texas.
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Dallas County, Texas
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KATHRYN BOYD, Notary Public,
in and for Dallas County, Texas
My commission QXpires 6 -30- ? P
1
. v!:
,',' I ~
acct 07-20-31-300-017T-oono-o-0
SANFORD CITY OF
KELLER INDUS.ATTN TAX DEPT
18000 ST RD 9
csz MIAMI
dor fIg exrcpt
90 00 000000
1101 CORNWALL RD
name
addl
"'add2
~td
Sl
pad
note
.
legal
~
sales
FL 33162
exemptions ex-amount
o
KELLER INDUSTRY '85 ROA #389
AVAILABLE '86 ROA #609
SEC 07 TWP 20S RGE 31E
OF NE COR OF SW 1/4 RUN S
383.55 FT N 775.52 FT E
data
SU WD
05/78 01173 1379
CURRENT 88
date 10/18/88
jval land
agrc
extr feat
bldg
total val
PI-',:j
o
o
200,000
o
200, 000 4l;~!
activity
yr %
00
mtg tax-due
00 3,698.82
'86 ROA #609 75% COND: NO WATER
'88 ROA #670 '88 PET #63
acrelff
tax-paid
.00
e&i
-0000 ,.
BEG 621.47 FT W 8. 25 FT S
502.45 FT SWLY ON CURVE
261. 5 FT TO BEG
tit
.
30,000 V
~::S1004B8
land 03 09 03/86
bldg 03 10/03/88
-----land--------------------------------------------___________________________
cd unitlrate area dec depth ovd amount % adj reason
1 AS 00000050 174240 000 Y 00000000 75 NO WATER
.-sHOW MORE? YIN
acct 07-20-31-300-017T-0000-0-0
,..1
--------------------------------------------------------------------------------
--------------------------------------------------------------------------------
CURRENT 88
.
date 10/18/88 PI-d
. ~
-----extra features-------------------------------------------------____________
code description area rep-amount ovd yr-dep appraised bldg
.:>1 1399 FENCE-LINK 000491 00000000 0 79ND 00000000 01
02 0899 CONCRETE 016434 00000000 0 79ND 00000000 01
03 0899 ASPHALT 028309 00000000 0 79ND 00000000 01
.P4 3899 PAAB VALUE 000001 00200000 0 88ND 00200000 01
j
.#
-----buildings---------------------------------------___________________________
'p1dg imp buco base sub: .,
01 40 7979 013610 OF 730 LP 527
..----.-details of buildings----------Y----------------------------_______________.._
replacement appraise adjusted
00000000 00000000 00000000
.oermi t
bld code description area rate/ovd
_01 4022 WAREHOUSE 013610 00000000
code description area ad-area ovd
.
ovd yrco fl dep hf pw part'n fx rm
0 7979 01 404 25 no 000000 10 O.
Y code description area ad-area ova
eSHOW MORE? Y/N _
acct 07-20-31-300-017T-0000-0-0
CURRENT 88
.
date 10/18/88 PI-d
---------------------------------------------------------------------------------
--------------------------------------------------------------------------------
.OOFG
code
0004
.0216
0408
0509
.0706
0905
...
-
OFG
description
SPECIAL
PRECST PNL
PSTRS CONC
BU/WOOD
MASONRY
MAX
000730
points
000012
000000
000042
000014
000000
000015
001825
ovd code
0101
0300
0601
0800
OLPF L.PF
description points
SL8 ON GRO 000016
NONE 000000
000527 000264
ovd size-fct totpts
100
.
.
CONC FIN
NONE
adjpts adj rate
125 0000
000001
000000
.
.
...",