Sent by:, St Johns County Clerk of Courts 9048232294;
04/26/00 11:43AM;Jafx_#552;Paqe 1/3
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* ST. ALUGUTrE, a Emnicipal capuration,
a corporation existing under the laws of the State of Florida
party of tlhefrat part, and .ST. AUGiUSTIE MES OR ATI POIUNDfMR ZC., a asrporation
not far profit, forerly-ST. AW lGSTDE RBESl 'ATIOM INC., organized and existing xnder
the State of Plorida, of the Couty of
St. Johns and State of Fnlrida party of the second part,
Witnesseth, uria the said party of the first part for and in consideation of
tJM srwz of ---------i and Nol/00 -------- Do
--' n, t*lh said pary* of the second part, the arceipt whereof is Jerebyc aknowl-
S '--J amd liu these presents does revise,
S-. .. l t
~-ccR~e"
To Have and to Hold the same, together with al and singular hwe
appurtenances thereunto belongin or in anywise appertaining, and al tse estate.
,riht., itl, interest and claim whatsoever of the said party of the fret part, either in
lao ao equity, to the only proper uss, benefit and behoof of the said party of the second
part.
'(Corporate
Seal)
In Witness Whereof, the aid party of tho fare part has
aused these presents to be signed teit name by ssats P
and Us corporate seal to be aofed, ats~ted by ts
Acci Fina xe Director te day and year above written.
CITY Of ST. AIKUSTilE
its iMyor
, A. D. 1977
Its ActinBg 2annaeltipirofiiia% Nct
Signed, Sealed and Delivered in Our Prcence
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Sent by: St Johns County Clerk of Courts 9048232294; 04/26/00 11:43AM ;Jff_#552;Page 1/3
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80 '* Wwl^ iI 462 A424 YAhiST U
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Cit g,.fr-.., tiE/ra. r* -M| "nJ. akuJ. ..1sJv^M1uakf*. nW..4(*.^ U -w
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Modee this
day of tL
, A. D. 1977
Between car Or ST. AUsTENE. a Minicipal corporation,
a corporation existing under the laws of the State of pForida
party of thefirte part, and ST. AUSDmIE pSfIDRAThIM EyOUNDATION, rIC., a corporation
ot aC profit. focnerly.ST. AUGISIfNE RES' 1MATION, ITC.. organized ant existisq inder
the state of Plrida, of the CowIty of
St. Johns and State of Florida party of the second part,
Witnesseth, that the said party of the first part, for and in consideration of
M snum of -------- .-----n and No/100--- -----Dollar,
in hand paid by the said party of the second part, the receipt whereof is hereby aaknowl-
ted#i, has remised, released and quitclaimed, and by these presents does remise,
release and qttelaim unto the said party of the second part all the right, title, interest
claire and demand which the said party of the first part has in and to the following
described lot piece or parcel of land, situate lying and being in the County of
st.- ..s State of florida, to woit
t1e following. described property o attached Scedula "A" which
description is made a part hereof by referian as though fully
and cnnpletely set forth herein.
t[.-. DCUMNiTAR STAMP __
wi' ".gr! $:T7MQ'T.^ ",^
To Have and to Hold the same, together with all and singlar the
appurtenances thereunto belioning or in anywise appertaining, and all the estate.
right, title, interest and claim whatsoever of the said party of the ftrst part, either in
law dar equity, to the only proper use, benefit and behoof of the said party of the second
part
S(Corporate
Seal)
In Witness Whereof, the sad party of the fPira part has
caused these presents toe be sldnd ISnit. name byf itsS990a9S It
and Us corporate seal to be afxIed, attested by io
Accig Einance Direccar the day and year above written.
CIY OF ST. AMETUMSn
Ixts Mayor
Its AccJla humandt.tc
Signed, Sealed and Delivered in Our Preance
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Sent by:, St Johns County Clerk of Courts 9048232294
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AE 462 f 425
I HEREBY CERTIFY, That on this /O' day of LDS 4 D. 197} .
before me personalty appeared FMD BREINOF, JR. and
UILLIAM K. BSYAN, Jr. respectively treMa 6ayo& A ccing Finance
of CiTM OF ST. AU TI'l, a Municipal a corporaMiVEs T
ander she laws of the State of Florida to me known to be tohe
persons described in and who executed the foregoing conveyance to
ST. A~UJSP3E RESS 3BDN aOU~NaEM iON, DC., a corporation not for profit, formerl
Sa'^a Pjji3MW ^%W6% 0 execution thereof to be their free act and deed as
suok off~ ers, for the uies and purposes therein mentioned; and that they affixed
rjereto the official seal of said corporatLon, and the said instrurtene is the act and
deed of said corporadio.
WITNSS mny signature and official seal at St. Augustina
in the Cawouy of st, John and toate of Florida, the day and
year last aforesaid.
VJfy C7 1 siun Expires
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Notady Public State of Florida at
X-VeR
State of Florida,
County of St. Johns
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Sent by: St Johns County Clerk of Courts 9048232294; 04/26/00 11:44AM;J Le&_#552;Page 3/3
SCHEDULE "A" 462 P=426
DESCRIPTION:
A parcel of land in Lots 3 and 4 of Block 8 of the City of
St. Augustine, Florida, more fully described as follows:
Commencing at a point near the Northeast corner of St. George and
Hypolita Streets, said point being on the Northerly extension of
the West line of the building known as Casa del Hidalgo and 18.42
feet Northerly from the Northwest corner of said Case del Hidalgo;
thence North 5 degrees 04 minutes 30 seconds West 11.71 feet to
the intersection of the Southwest face of a curb with the West face
of a wall at the East side of St. George Street; thence continuing
North 5 degrees 04 minutes 30 seconds Nest, on said West face of wall
and East side of St. George Street, 69.97 feet; thence North 4 degrees
S31 minutes 13 seconds West, on said West face of wall and East side
of street, 43.23 feet; thence North 5 degrees 43 minutes 42 seconds
West, on said West face of wall and East side of street, 38.02 feet;
thence North 83 degrees 59 minutes 41 seconds East 68.40 feet; thence
South 7 degrees 52 minutes East, on the East side of a curb of a
parking lot, 6.43 feet; thence South 11 degrees 15 minutes 15 seconds
East, on said East side of parking lot curb and on the East
face of the pilasters of a wall at the West side of said parking lot,
149.76 feet thence South 73 degrees 30 minutes 27 seconds West,
at the back of the curb on the North side of Hypolita Street, 2.01
Feet; thence Soqth 79 degrees 11 minutes 04 seconds West, on the back
of said curb, 67.17 feet; thence North 62 degrees 50 minutes 20
seconds West, on the face of a curb, 18.94 feet to the ppint.of beginning.
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ST. JOHUS
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PRESS RELEASE
The State of Florida, through its Department of State, and the
St. Augustine Foundation, Inc., have settled the lawsuit filed in
1989 by Historic St. Augustine Preservation Board against the
Foundation. A mediation conference suggested by Judge William C.
Johnson, Jr., of Daytona Beach, who has presided over the lawsuit
since 1989, precipitated settlement of the suit. The Honorable
Melvin Orfinger of Ormond Beach, a former Chief Judge for Florida's
Fifth District Court of Appeal, served as mediator.
The lawsuit claimed the Foundation allegedly held title to
eighteen historic properties in St. Augustine in trust for the
benefit of the Preservation Board. Each of the properties was
acquired by the Foundation prior to 1968. Subsequent to the
lawsuit's filing, the parties determined that the Foundation
actually owns only seven of the eighteen properties. The other
eleven properties were either sold by the Foundation to the Board
or were sold to independent purchasers.
The seven properties at issue in the lawsuit are all located
on historic St. George Street. They are currently owned by the
Foundation and most are leased to local businesses. The seven
properties include the Acosta House, Hispanic Garden, Oliveros
House, Ortega House, Pan American Building, Santoyo House and
Villalonga House.
After conducting a thorough investigation of twenty-seven
years of the Foundation's ownership of properties in St. Augustine
through the business records of the Foundation and the Preservation
Board, and interviewing numerous witnesses, the State could find no
evidence of any wrongdoing whatsoever by the Foundation or any of
its officers or directors. The State also could find no evidence
the Foundation has mismanaged the seven properties at issue in any
way or acted in a manner inconsistent with the purposes set forth
in its corporate charter. But the State did determine during the
course of its investigation there was an element of uncertainty
under the Foundation's corporate charter as to who would receive
title to the properties in the event of the Foundation's
dissolution.
The Foundation's corporate charter had provided for the
transfer of the properties to the State, or possibly to a qualified
tax exempt organization under the Internal Revenue Code or the
Federal Government if the Foundation ever dissolved. However, it
was, and always had been, the Foundation's intention to transfer
title to the seven properties to the State in event of dissolution.
In order to effectuate the Foundation's intent, the parties
determined it would be necessary to eliminate both the Federal
Government and qualified tax exempt organizations as possible
recipients of the properties under the Foundation's corporate
charter.
The settlement requires the Foundation to amend its corporate
charter to provide specifically for the transfer of the seven
historic properties to the State in the event of the Foundation's
dissolution. The corporate charter will be further amended under
the terms of the settlement to guarantee that the seven properties
remain unencumbered and to prohibit their sale to any purchaser
other than the State. The Foundation will continue to manage the
seven properties and the rights of the properties' current tenants
are unaffected by the settlement.
The State wishes to acknowledge the significant contributions
made by the Foundation to the restoration and preservation effort
in St. Augustine, including the significant contributions of the
Foundation in the area of historic research. The State also wishes
to acknowledge specially the many contributions Mr. Lawrence Lewis,
Jr., a director of the Foundation, has unselfishly made and
continues to make to the city of St. Augustine and the people of
the state of Florida, and the key role he played in helping to
settle the lawsuit. The State believes the settlement is clearly
in the best interest of the people of the state of Florida and will
help foster an era of renewed cooperation between the Foundation
and the Preservation Board in their ongoing efforts to preserve and
interpret St. Augustine's past.
i:\usr\wdt~cwis\press.rcl
.... ..L... m i lal i lease see HIGH COURT, 2A
Foundation cleared of
mishandling roerties
M- of State said this morning it was dur-
Ily MIKE GF njAN ing that session that the groundwork
Staff Writer was laid for the final settlement.
S We came to the settlement after
After more than four years of le- that mediation session because the
gal wrangling, failed mediation; and state felt if we: persisted with the
courtroom. delays, a lawsuit 'chal- lawsuit, it would be a long, expen-
lenging the management of historic sive, .drawn-out procedure," Stock-
St. Augustine properties worth near- ton said..
1y $2 million has been settled quietly. Stockton added that the settle-
SThe settlement in the case against ment points out there is no evidence
the St. Augustine Foundation was of any misuse of the property by the
filed Tuesday inlCircuit Court in St. St. Augustine Foundation. And, he
Johns County. It clears the founda-r said, eventually the state will take
tion:of any mishandling of the seven over the properties.
St. George Street properties and al- "We now-have the assurance that
lows the foundation to continue..to we will'get the property.if and when
manage them. the foundation dissolves," he said.
The settlement does, however. Meanwhile, the agreement spe-
give control of the properties to the cifically forbids the foundation from
State of Florida should the St. Augus- selling any of the remaining historic
tine Foundation cease to exist. sites.
.The lawsuit was originally, filed Dr. William Proctor, president of
by the Historic St. Augustine Preser- Flagler College, which provides ad-
vatioh Board against the foundation ministrative support for the Founda-
in 1989. It called into question the tion, said this morning nothing really
management of 18 historic proper- changes because, of the, settlement.
ties. One of the matters in dispute "The Foundation will retain the
was the foundation's right to sell property," he said. "We are forbid-'
many of those properties. den from mortgaging or selling it,
The state Legislature, however, but we had no intention of doing that,
put. the preservation board out of anyway."
business in 1990 and re-created it un- Proctor said the agreement is a
der different rules in 1991. It was fair one but that the case should have
then that the state took over as plain- been resolved long ago.
tiff in the case against the founda- "The Foundation is pleased, but
tion. all this harangue was unnecessary.
That case languished in the courts The settlement states there was no
until June 1993 when Circuit Court wrongdoing on the part of the Foun-,
Judge William Johnson Jr. of Volusia dation, which is what we contended
County ordered the two sides to try all along.
to resolve their differences through a The properties in question, all lo-
court-appointed mediator. cated on St. George Street, include t
A one-day mediation session was the Oliveros House, Ortega House,' I
held in Jacksonville in July 1993 with Villalonga House, Acosta House,
no apparent resolution. But Frank Santoya House, Hispanic Garden and t
Stockton of the Florida Department Pan American Building. I
"Mrs.- '; **:.
EXHIBIT A
The seven parcels which the Defendant owns as of April 18,
1994, of the eighteen parcels listed on Exhibit C to the Amended
Complaint herein.
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