HomeMy WebLinkAboutR-82-0876onin
RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"MIAMI-DADE COMMUNITY COLLEGE -NEW WORLD
CENTER," A SUBDIVISION IN THE CITY OF
MIAMI; ACCEPTING THE DEDICATIONS SHOWN
ON SAID PLAT; AND AUTHORIZING AND DIRECT-
ING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA
WHEREAS, the City Zoning Board and the bopattteftt of
Public Works have recommended the acceptance of the plat;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THt CITY OF MIAMI, FLORIDA:
Section 1. The Plat entitled, "MIAMI-DADE COMMUNITY
COLLEGE - NEW WORLD CENTER," is a resubdivision of the following
described property: A portion of Lots 8, 9 and 10, Lots 11
through 20, less portions of Lots 18, 19 and 20 of Block 79N of
A, L. KNOWLTON MAP OF MIAMI, as recorded in Plat Book "B" at Page
41 of the Public Records of Dade County, Florida, and Northeast
4th Street right-of-way between Northeast 1st and Northeast 2nd
Avenues, all in Section 37, Township 54 South, Range 41 East,
in the City of Miami, Dade County, Florida, which by reference
is made a part hereof as if fully incorporated herein and the
dedications as shown thereon together with all existing and
,future planting, trees and shrubbery on said property, to the.
perpetual use of the public, is hereby accepted and confirmed
by the City of Miami, Florida.
Section 2. The City Manager and City Clerk are hereby
anthnri7pd and dirprtpd to pypriitp the Plat and rprnrd Ramp in
PRE;; 2 �A/ND PROVED BY:
TERRY V1 PERCY
DEPUTY CITY ATTOJ4EY
APPRqUED AS TO FOF14 AND CORRECTNESS:
/48VE R. GARCIA-PEDRCSterry
r
�t!TY ATTORNEY COMMISSION
MEETING OF
S E P 2 g,�282
876
WOUMON NO.
1 131 ' , ON IVRI[Clt VOTIE OCCU)El:l IFn
FORM 4 MEMORANDUM OF VOTING CONFLICT I September 23 82
PART A
N,Inle: DAWKINS MILLER J Telephone: 79-6055 _
--
(LASTt (FIRST) (MIDDLE:) (A/c, -- - tNUMBER)'�
Address: 3500 pan Ameriean brivet✓ Miatni 31133 Dade
(STREET) (CITY) (ZIP CODE) (cout`1Ty)
PART 8
A enc> is a unit of l check one], ( ) State Of V lorida ; (X ) County, Cite or other. Polit i(.al Subdivision:
Name of Aprency: _._ City of Miami
Position held in Agency: _ Commissioner
PART C _
)IIS:1i01CkNDU,Al OF CONFLICT Or IN A N•o'rlN(; SlT1rvi•l0 l Jicg1til-ci-I b!l § 112.311'.3, F.s.. 19-1 )l
11' „u I1a%e voted in your official capacity 11, oll :III,\• nloosllre ill �';hich you had tt pvj-: ollai, l;rivatei, or professional interest.
ilich ilnu•es to your Special private train or the special private trraitl nl' ,Illy princil)al by wh(nn }-ou ,ire ret4dned, pleas)
(1iS('10se the nature Of yoru interest below.
t • Ilescription of the matter upon which y(.nt voted in your ofheial capacity: _.Item #14—Resolution -
Acceptitg the plat of MIAMI-DADE CO)`iT}UNITS' COLLEGE NEW (WORLD CENTER
'. i►esrtrptrnn of the personal, private, or 1wofessional illter(��t you' have in the above tilatier� tlhit•ll illlrrv.; to �•ou specialprivate ,,rain or the -pedal privale }.runt of any prilteip,tl Ijy whom yoll are retairlod:
_..�_ CCar l-�.i �iC Jc4�C��
w�
I'ersoll or principal to whrnrl the spe6al guilt described ,thc)ve Will inure: r
Yourself b. i ) Principal by wilonl you are 1,etatinr(l
PART D
FILING INSTItUC'I IONS
_ TIJ.4 l!lvmur,tu(} _on 111utit be f)l(A witlrill fift(•t•tc W-0 days follt siu;! t}1(• meeting (iurin,l whivii th(• voting vollflirfi oveill.
woh tilu lu ! Solt flit, milt) i(•S +)I ill(, nivuiing-, who ':11,111 intU1•10Or,(tt' the 11)(•!IlO1'all(Ilrtll in the llloo-
a
;ur ulill::tr.. `I't;i: turn, l,ec(i not be iile(i t?ierel} 1+� inrti(,(ic ih� ulr.ercc of a voiili, ('t,ld'li, t. l�'loritla 1a01jwniiiG b!rt floes
!]t)t Pt'yllll'i' V'Ull to ab-lalll fl."Ill vot�inl- wlien a ('1,)Ilfl'.t ;' oi, 1,Ahuflier you abstoin or not, howevel•, the Coil.
ilit•t !r•t1..t bu tli:iclo;-;vd pulls allt to the ructuircrlients (Ii-cribi'd ah(jvo.
-_ PART E
f
NOTICE: UNDER PROVISIONS Of SECTION 112.317, FLORIDA STATUTES, 1975, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
-02 CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: 1i41PEAEiMENT, REMC1VAl OR SUS-
PENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED
• $5,000.
(.., w 4 - 1 rr 10 1:,�• R-- 82476
The Department of Public [corks recommends
the approval of the plat by the City
Commission of Miami, Florida, and certifies
THE CITY OF MiA1141, FLORIDA
DEPART'18NT OF PUBLIC WORKS
SEPTEMBER 2, 1982 f
REPORT OF PROPOSED RECORD PLAT OF
MlAMI=DADE CO11tC,IUNITY COLLEGE -NEW WORLD CENTER
A SUBDIVISION IN T11E CITY OF MIAMI, FLORIDA
i: `�: ;aC `� '�' `f :f .f t: .. :: JC ': :f .. ': 'f ': :f n :C .. ): '' `: `: :f '' )i' •. `' .� .i.
The accompanying Plat entitled, "MIA.MI-DADE CO"'•1MUNITY COLLEGE=NV
WORLD CENTER", was prepared by Jack Mueller & Associates, It is in
correct form for submission to the City Commission and is forwarded
with a recommendation that it be approved,
PERTINENT INFO R,%1ATION REGARDING THE PLAT;
(1) The property platted is a resubdivision of a portion
of Block 79N - A.L. KNOWLTON MAP OF MIANI (B-41),
and N.E. 4th Street right of way between N.E. 1st
Avenue and N.E. 2nd Avenue. It is zoned C-3 and
will consist of one tract having 2.57+ acres.
(2) The location of the streets and the widths conform
with the standards of the Department of Public Works
of the City of Miami, Florida.
(3) As certified to by Mr. Jack 14. Mueller, Jr., Registered
Land Surveyor, this Plat complies with the plat filing
laws of the State of Florida.
(4) The City Zoning Board of Miami, Florida, after Public
Hearing, has recomm ended the closing of N.E. 4th
Street between N.E. 1st and 2nd Avenues. This action
was confirmed by City Commission Resolution No. 82-464.
(5) By authority of Resolution No. 110-82, adopted June 21,
1982, the Plat was recommended for acceptance by the
City Zoning Board of Miami, Florida.
(6)_ The attached Certificate of Title Examination dated
August 11, 1932, signed by Mr. Hugh M. Carrier, Attorney,
indicates that the fee simple title to the property
platted is correctly vested in Miami -Dade Community
College, and the Plat has been correctly executed.
(7) The area platted is not encumbered by mortgages.
(8) In accordance with the requirements of Chapter 54,
Section 54-30, of the Code of the City of Miami,
Florida, an Agreement has been executed by Miami -Dade
Community College Principal. This Agreement is between
the City of Miami, Florida and the Principal to
guarantee the construction of asphaltic concrete pave-
ment, sidewalk, curb and gutter and storm drainage
structures at the property platted.
(9) The location of the property is shown colored in red
on the accompanying copy of a portion of City of Miami,
Florida, Atlas Sheet No. 36D.
(10) The attached Resolution has been prepared for the accept-
ance of the Plat by the City Commission of Miami, Florida,
�jJa1ter K. Brocm
�`'/ Cadas tral Engineer
KB : rj
EXHIBIT
TO ACCOMPANY T14E AGREEMENT BETWEEN THE CITY OF
1-11A11,11 i ,FLORIDA
and
MIAIMI=DADS CO►NUNITY COLLE'CE NEW WORLD
CENTER
.4 .L U� St ire .r. i4 .rJ� .ic. 'r� :f '; " J' J� Zr' `f `r: `: `r: Site :: Sid J• Sri •r: `r' `i: :r: Sri :V. Se` Sri
ASPHALTIC CONCRETE PAVEMENT
$;2064=00 ,
Approximately 312 Square Yards
REMOVAL OF EXISTING SIDE14ALK
316=00
Approximately 316 Square Feet
= REMOVAL OF EXISTING CURB AND GUTTER
3b5=00
Approximately 122 Lineal Feet
- SIDEI%'ALK
2 i 013 = 00
Approximately 1,342 Square Feet
MOUNTABLE & STANDARD CURB AND GUTTER
915=00
Approximately 122 Lineal Feet
STORM DRAINAGE STRUCTURES
1,200.00
ESTIMATED COST OF IMPROVEMENTS
7,713.00
— (10%) CONTINGENCY
771.00
(17%) ENGINEERING
1.442.00
TOTAL
$10,000.00
$2—R7r,
\(ors i,z
Leo 8 less t'ne 5N6 t`n, 1C meet, he Scut i 106 feet o tota 0
16 r
a:1Q , and Lots �� th�Otl�Ti 20 less t:1E Ccst 10 feet Of ���
2C� 4l in .lock 79 \OFTH, CITY 0 *:I:.":I, Gccordi:i? to the to
the:eo., as recorded i1 Plat Book B at Page 41 of the PUbl d
Feccrds of Dade County,Flcrida
AND,
North 50 feet of Lots 9 and 10, block 79 ; ORTH, CITY OF MIA"T
according to the Plat thereof, as recorded in Plat Boob; B at
Page 41 of the Public Records of Dade Countyjlorida,
LESS THEREF ROM.;
A pertion of Lots 18, 19 and 20 Block 191; 11AP OF MIAMI, according
to the Plat thereof, as recorded in Plat toot: B at Page 41 of the
Public Records of Dade County,Florida, being particularly described
as follows:
Co mence at the N. E. corner of said Lot 20; thence run West along
the North line of said Lot 20 for a distance of 10 feet to a point
lying on West R-0-W Line of N. E. 2 Avenue, said point being the
Point of Beginning of the following described parcel of land; thence
Prot: the above established Point of Beginning continue West along
the North line of Lots 18, 19 and 20 for a distance of 96.00 feet;
thence run South along a line lying 98.00 feet West of and parallel
to the' said Vest R-O-W line of t;. E. 2 Avenue for a distance of 40.CC
feet; thence run East along a line 40.00 feet South of and parallel
to the said North line of Lots 18, 19 and 20 for a distance of 98.00
feet to a point lying on the said jest R-O-W line of N. E. 2 Avenue;
thence run Ncrth along said West r-0-t; line of N.E. 2 Avenue for a
distance of 40.00 feet to the Point of beginning.
AND ;
A portion of the RiZn,t- of-i;ay of N. E. 4th Street lying between
N. E. 2nd Avenue and N. E. 1st venue, said Right -of -Way dedicated
on the Plat of CIT': OF :I..'.•`_I , according to the Plat thereof, re-
corded in Plat Book B at Page 41, and COLLEGE SQU .RE SLIEDIt'ISIO.\, N0.
1 according to the Plat thereof, recorder in Plat Boot: 90 at Page
87 both of the Public Records of Dade Count-,! ,Florida, said Night--
of -!,a: being particularly described as follows • .
Cc=-,-ence at the Southwest corner of Lot 11 of Block 79'N of said
Plat of CITY OF *:I::`:I, thence 5 89c57'06" along the South line
of said Lot 11 of :.loci: 7.N Tor 10.00 feet to the Point of Bevil ni^
of t e ibht-o.-Z;ay herei , described; thence from the above estab-
lished Point oT Be,ginning continue 1;89o5 '06" E along the South line
of said Bloc:: 79N for 480 .24 feet , thence S 00000 '24" E for 75.02
feet to a point on the Northerly lina of Tract 1 of said COLLEG,=
SQUARE SUBDIVISION ;N0. 1 said point being on a curve concave to the
Southhwast, said point beari N 89o59'36" E frog the center of said
curve; thence run the following courses and distances along the said
Northerly line of Tract 1 of COLLEGE SQUARE SUBDIVISION NO. 1:
1;ortInwesterly, Westerly and Southwesterly along said curve to the le:
having for its elements a radius of 25.00 feet and a central angle of
90oO2'30" for an arc distance of 39.29 feet to the Point of Tangency;
thence S 89o57'06" tti for 430.24 feet to a point of curvature of a
circular curve to the left; thence to the left along said curve_
having for its elements a radius of 25.00 feet and a central angle of
89o57'09" for an arc distance of 39.25 feet to the Point of Tangency;
thence departing the said Northerly line of Tract 1 of COLLEGE SQUr k.
SUBDIVISION NO 1 run h OOo00'03 1: for 74.98 feet to the Point of
Beginning.
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subject to the rollowin+ etirumbtances liog, and other ekcOtionst
btNtPAL 8XCtPtl0Ns
I, All talc@s rot the year inwhich this opinion is tendeted, unless hated below that Sikh tames hate been
pa id,
2. Right's of persons othet than the above owners who ate in possessions
3. Facts that would be disclosed upon accurate survey,
4. Any' unrecorded labor, mechanics' or materialmens' liens,
s. Zoning and other restrictions imposed by governmental authotity,
SPECIAL EXCEPTIONS
6. rcestrictf ons and special covenants coupled with a re%ierter contained in Cow 9
Aid from Dade COli~zt�J to .•Lta:Tii Dade
Co.;r,�unity Coll-,_, dated December 27,
filed :L?sch' 11, 1982 and recorded in Official Records Hook 11377 at Page 466
(as to N 30' of Lots 9 and 10)
7. Rest:ricticns and special covenants coupled with a reverter contained in County
1 1979 filed
ilea �`�o , iami Dade Caa- iunity Co11e,e� dated �"y=y �
D��-Cd frCl D.3�:.� � Dade
May 15, 1979 and recorded in Official ri_-cords Bcok 10394 at Page 304 (as to Trot
8 less N 10'; S 100' of Lots 9 and 10; and Logs 11 through 20 less E 10' of
Lot 20)
N -4jA_' I AtMERItAN LA114b TITLE ASSOCIATION OvV'Nr_.tl'S POLICY
fORM A— i970 (Amended 10.17.70)
JI ITUE hSUPANCE Ot-:if',^,i_?Y Cr= 11�1c A
a Stock Company, of tAinneaFriis, Minnesota
SLB_JcCi TO THS EXCLUSIONS FROM, COVERAGE, THE EXCE: TMNS CONTAINED INN SCH80 LE B AI D
THE PkO�ISIONS OF Tile CONDITIONS AND STi: UL-%TlONS 1iERE:OF,
_ TITLE INSURAINCE CO'•IPAINY OFE herein called the Cornpany, insures, as of Date of Pclicy shown
in Schedule A,against loss or danase, not excecdina the amount of insurance stated in Schedule A, and costs, attorneys` fees
and expenses which the Company may become.oblicated to pzy hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encu—mbrance on such title; or
3. Lack of a right of access to and fron the land.
I`' MIT\ESS WHERE —OF, the said Title Insurance Company of h;innesota has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company.
�ITLL NSUR AIlCEH, 0MPAUY or I N saYA
.:
President
Cau/n/t/erssa edt (j . ; "
Autlhclrizc,:'; Of leer or Agent
secretary
EXCLUSIONS FROM COVERAGE
The follov-ing ;,,,-hers arc c�:p,cssly excluded from the coverage of this policy:
1. Any law, ordinance or go•:crnmental regulation (including but not limited to building and zoning ordinances)
restricting or rc-Ula:in- or prehibitinn the Occupancy, use or crjo}',T.cnt of the land, or reol:lating till eharnetcr,
dimensions Or Iocati0sl of any imp.overT:_nt now or hercz-fter erected on the land, or prohibiting, a szp:ration in
Ownership Or a tedthction in the dimenSiuns or area of the land, or the effect of any \ ation Of an)' slit law,
ordln.,nce or governm.tnt;d regulation.
2:-Rig.Ilts of c,lncnt domnain or cerernnlentJ rights of police po•::cr unless notice of the exercise of such rights
2ppears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adworse cl:iirr.s, or other matters (a) created, suffered, assumed or agreed to by the
insured elairr.::nt; (b) not known to the Company and not shown by the public -:cords but known to the insu-ed
clahinzint either at Datc of Policy or at the d:;tc !uch claimant acyui.cd an estate or interest insured by this policy
• s:nd riot•discloud in t.Titin; by t!. t;#;ured clainlarlt to the Cernrarty p6or J9 th:. date such insured.claimant
became an insured hereunder; (c) resulting in no loss or dam: ge to• thx insured claimant; (d) att::chino or created
subsccuent to C::tc of Policy; or (c) restultins in less or damage which would not have been sustained if the insured
claimant had p::id v:auc for the estate or interest insured by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land
described in Schoduic A.
SV1 T F T_ ITL% & G:'.i ter.::TY CO. , INC,
3109 PO ;CE DE LEO:2 BLVD.
LCO?J:I. CABLES, FLORIDA 33134
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CONDITION'S AUND
STIPULATIONS
1. Definition of Terms
The follosing terms 'Ahen used in this policy mean:
a
"public records": rhos'
(a) "insured": the insured named in Schedule
to
eonstructivc notice
matters relating so Said ct
records which by law impart
aid land,
A. and, subject
any rights or defenses the Company ave h
named insured, those tyho succeed
z Continuation of Insurance aft' r Conveyaree
to the interest of such itainsdtby
operation of la+y as CistinguisheC from inc
limited to, heir,,
Of
The eose:,-. of this olicy Title
Poli or
in far P shall centime in force
`udir,g, but not
distributers, Cesisers, sur.iyors,
tali+es, next of lain, or coy orate r, per.or,al represcn•
F r fiduciary
., as of Dste o!
of an insured so long :s such i ;surcC rctsins an estate
or interest in the lanC, are hoJCs inC:htrCi
successors,
(b) "insured claimant": an insured
F�"Chzse -one sn c`,z seeureJ D a
or so long as ch ost`agr given by a purchaser f:e:n
hereunder, claiming loss or dar:age
Of +warrant • red s..aJl have >••�• such insured,
) made by such insured l,any t) by of ct`+rne
(e) +'i.noNledEe": actual l.noa•Ird ,e,
edge
edge Or nutice -hich
f n0. CGnSIrUC(i\'e ),noNl•
be
such estate or inserest; .• in any transfer or coy
ns er or c r %if
continue in f Fr ho+sever, this policy
force In
may ImFut,
•d to an insured by reason of
any;•ublie records,
Sr ,,:; .%,
dVOr Of 2q ; shad n.+t
Or an see fro -
either said estate or interest or 1 such insurr,l or
(d) "land": t`e land described,
arc"
t indebtedness secured I•+ e
Purchase rr,onr)' mortgagr given to such insured,
—
Schedule A, and i-; ro+rmer,ts affi rd Spt!cIfth Ily Cr by reference in
constitute real rroprrt)•; rcto H'hich by law
3. Dc ens! and Fro:reution of !
; rO+ided, ho+v
not incluJe any care, the term ••land" does
pro; err) be) and
,
given by an Insured Clainvns setiOnS — t.eti,e Of Claim t,+ tr
the lints of tt,e area s; ccificall
descrih�d cr n•frrrrQ to in Schedule
estate ur rase-ent in abut ring duttA, nor any rich,', title, interest,
(�) The Cerra -any, at its o+.n goer snd +vith�ul
thascion undue
shall provide for the Cefrnse of a, insured n
of ji
toads, avenurs, alieys, lanes,
s+a)s Or v atrn+a)s, but nr�thing herein shall
extent
iri .g
all
actions or procrcJint eorrm,rnenced against sue:, 1.^,suft
eaters It, such lineation
—
-nClfy or limit the
to ..hick a right of access 1O ar,d from the IanQ is insured by
this policy.
is founded V,:On s 1 , t+. st,e
eneur.,b:ance, cr ether rr:atter ir,surrd
eQ defect,
(r) •'mortialr+'.
against by this
(b)The insure) r, j%lley+
stall noti,)
=
mortgage, EceC of trust, trust dcc
Steurity ,stru-ent. d, of otter
(i) in case n the Company, CrOr-�tJ
Y etien or grocerd:r,p is Yin sstuit,
abort, fill ;, . F•. ,;
A
hilt No. 1896 al+a �:.WOO
SCHEDULE 13
This polio' does hot insure against loss of damage by reason of the folloN%in6:
1. Facts which would be disclosed by a comprehensive survey of the premises herein described,
2.Micchanics', Contractors` or M.aterialmen`s liens and lien claims, if any, ",here nc notice theteof appegs on tubed,
3. Rights and claims of parties in possession.
4. General or special taxes and assessments.:requited to be paid in the YtAr
and subsequent years, which are not yet due and payable
�. City of .liar i pending and certified liens, if any.
6. Restrictions contained in deed dated 2•larcn 7, 19050fiti ed tlarch 23;190 in feed
kook 23, at Page 91, which contains a reverter clause that has beeti released.
7. final Order, Notice of Violations dated April 28, 19i7, filed April 29� 1977; if
0=ficial Records Book 9666, Page 120.
o. Notica of Lis Pendens filed August 15, 197/3, in Official Records Book 101250 Plot
1352, re eminent domain proceedings by Da-:.e County.
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y'i;s
fc,r "arch I:re t.cm;7jr!y ma)' :e rtab,c r• �L'tur I, r,.rs :11r„,). u
suet, prompt notice shall not be riven tee?fie Company, then as to
Su•sh insured all hibi(tty of the Cornpan. 11 cease and terrni :ate
:n retard to the natter or matters for w& such prompt notice is
required: providtd, however, that failure iotifv shall in no case
prejudice the ri:hts of any such insured under this policy unless the
Company Shall be prejudiced by such failure and then only to the
extent of such prejudice.
(c) The Company shall have the right at its osvn cost to
institute arid '+::bout undue delay prosecute any action or ptoceed•
in; or to do any other act which in its opinion may be necessary or
desirable to estatltsh the title to the estate or interest as insured,
and the Company nay take an)- appropriate action under the terms
of this policy, %,hether or not it shall be liable thereunder, and shall
not thereby concede liability or waive any provision of this policy.
(d)%Vhtnev`er the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of
this policy, the Con;.any nay pursue any such litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any advtr s
jue;ner,t or order.
(e) In all cases v.-here this policy p errrits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, the insured hereunder shall secure to the Company the
right to so prosecute or provide defense in such action or
proceeding, and all appeals therein, and permit the Company to use,
at its option, the name of such insured for such purpose. Whenevtr
requested by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, steu:ing evidence, obtaining witnesses, or prosecuting or
defend;.ng such action or proceeding, and the Cornp any shall
reimburse such Lnsu.ed for any expense so incurred.
C, erotica of Lms — Limitation of Action
In addition to the notices required under paragraph 3(b) or these
Conditions and S!ipulaticns, a statement in writing of any loss or
damage for which it is claimed the Company is liatde under this
policy shall be furnished to the Cernpany within SC days after such
loss or damzFe shall have been determined and no right of action
Shall accrue to an insured claimant until 33 days after such
statement shall have been furnished. Failure to furnish such
statement of loss or damage shall terminate any liability of the
Comp=r,y under this policy as to such loss or damage.
5. Options to Pay or Otherv.ise Settle Claims
The Company sha:! have the option to pay or rthervvise settle
for or in the name of an insured claimant any claim insured against
ur to te:r..inate all liability and oblib•rtions of the Company
,.ereunder by paying o: tendering pa) -merit of the amount of
insurance undei this pelic)• together with any tc:ls, attorneys' fees
and expenses incurred up to the tirr.t Of such pcyrntnt or tender Of
payment, by the insured claimant and autt,cri-ed by the Ccr.:pany.
G. Determine-lon and Payment of Loss
(a) The liabi:ity of the Company under this policy shall in no
case exceed the least or:
(F) the actual loss of the insured clzir..ant; or
(fo the amount of insurance stated in Schedule At or
(b)The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an ir.strred in litigation
carried on by the Company for such insured, and all costs,
attornt)'s' fees and expenses in liti;,zt;ore carried on by such insured
with the %%iilten authori:at,on of the Company.
(c)When liabi:ity has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.' ` " •. • '
7. L;rr+itat;on of Liability
No claim shall uise or be maintainabtt under this policy (a) if
tt:e Cv,rn, sn)•, after having roomed notice of an alleged defect, lien
or cncun:�,rxnce inwrcd :33inst hereunder, by litigation or other-
wac, rcrr,:)vcs such ,:cfcct, lien or encumbrance or establishes the
title, xs insurrC, v.itthin a reasonable time after receipt of such
notice: (b) in the rver.t of I,t,iatinn until tr.ere has been a final
determination by a court of competent jurisdiction, and disposition
in paragtzrn one;r..:, or m tun u. •v.o a.,v wr n•,
insured in settling an�.rlatr., or suit Without prior v.ittth cohithi of -
the Company.
fi. Reduction of —...ebiiity
All payments under this policy. except payrnttitt m3at rot costs,
attorneys' fees and expenses, shall reduce tht afiiouhl of tht
insurance pro Unto. NO payment shall be made without producing
this policy for endorsement of such payrr,tnt unless the policy be
lost or destroyed, in which case proof of such toss or destruction
Shall be furnished to the satisfaction of the Company.
9. Liability Noncumulative
it is expressly understood that the arnount of insurance under
this policy shall be reduced by any amount the Company may pay
under any policy insuring either (a) a mort_zpe Shors•n or referred to
in Schedule B hereof which is a lien on the estate or interest covered
by this policy, or (b) a no:tgz.e hereafter executed by an insured
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
payrnent under thLs policy. The Company shall have the option to
apply to the payment of any such mortgages 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
shad be deemed a payment under this policy to said insured owner.
10. Apport;onmAnt
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 parceis but not all. the less shall be
computed and settled on a pro rata basis as if the amount of
insurance under this policy was divided pro rats as to the value on
Date of Folicy or each separate parcel to the whole, exclusive of any
improvemtnts made subsequent to Date of Folicy, 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 shower by an ex;ress statement herein or by an
endorsemtnt attached hereto.
11. Subrocat;on Upcn Payment or Settlerront
Whenever the Company shall have settled a claim under this
policy, all right Of.subrecation shall vest in the Company unaffected
by any act or the insured clairant. The Company shall be
subrogatcd to and be entitled to all rights and remedies which such
insure.' clair_nt wcuid hzve hzd zt .nst any person o: r:c;e:t)- it
respect to such claim had this policy no: been issued, and if
requested by the Co -,,-any, such insured clamant shall transfer to
the Company all rights znd remedies against aperson. or; roptrty
necessary Ln Order to perfect such right ofsubrcgati:,,, and s`atl
perrrut the Company to use the name of such insured c!::inznt in
tiny transaction or Ifti.ztion involving such rights o: remedies. if the
payment does not toyer the loss of such insured clzimznt, the
Company shJl be subrogated to such tights ::nd remedi:s in the
pr000:tion vyhich szid payment bears to !? e mount of said lost. if
loss should result from any act of such insured elzirnant, such act
shall not void this policy, but the Com; ar,y, in that ewent, shall be
required to pay -on!y that part of any losses insured against
hereunder which shall exceed the amount, if any, lest to the
Company by reason of the impairment of the right of subrogation.
12. Liability Limited to this Policy
This instrumtnt togtther with all endorsements and other
instruments• if any, atta:hcd hereto by the Ccmpany is the entire
policy and contract between the insured and the Company.
Any claim of loss or damaFc, w'htther 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 a rttinb such Clain,
shJl be restricted to tic provisions and conditions and stipulations
of this policy.
`fv'o amendment of or endorsement to (his policy can be made
except by writing endorsed hereon or attached hereto signed by
either the President, a Vice President, the Secretary, an Assistant
Secretary, or va!idaling officer or authorized signatory of the
Company.
13. Notices. lYhere Sent .•.
All notices required to be given the Company and zny statement
In writing required to be furnished the Company shall be addressed
to its ttome Office, f,tinnezpolis, Minntsota $5401.
Note: This polky valid only if SchcUes A artd B Zze att-ached.
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