HomeMy WebLinkAboutOpinion of Title February 19, 2026This instrument was prepared by or under
the supervision of
Name: Meredith Singer, Esq.
Greenberg Tmurig, P.A.
333 S.E. 2n° Avenue
Miami, Florida 33131
OPINION OF TITLE
To: City of Miami Beach
2026-34222
(Space Reserved for Clerk)
With the understanding that this Opinion of Title is furnished to the City of Miami Beach, as
inducement for acceptance of a Water Easement, covering the real property, hereinafter described, it is
hereby certified that I have examined that certain (i) Action by Written Consent in lieu of a Special Meeting
of the Managers of TCH 500 Alton Holdings, LLC (the "Company Resolutions"); and (ii) Chicago Title
Insurance Company's Title Search Report under File Number: 12991293 covering the period from the
Beginning to February 19, 2026 at 11:00 p.m, inclusive, of the following described property:
See Exhibit "A" attached hereto and made a part hereof.
I am of the opinion that on the last-mentioned date (i.e. February 19, 2026 at 11:00 p.m.), the fee simple
title to the above -described real property was vested in:
TCH 500 Alton Commercial, LLC, a Delaware limited liability company
As of the date hereof, either David Martin and/or Russell Galbut is authorized to sign on behalf of TCH
500 Alton Commercial, LLC, a Delaware limited liability company
Subject to the following encumbrances, (If"none" please indicate):
A. RECORDED MORTGAGES: NONE
B. RECORDED CONSTRUCTION LIENS, CONTRACT LIENS AND JUDGEMENTS:
Possible labor, mechanics and materialmen's liens arising out of that certain Notice of
Commencement recorded on June 2, 2025, in Official Records Book 34780 Page
30T, as affected by that certain First Amendment to Notice of Commencement record
on December 29, 2025 in Official Records Book 35094, Page 3201.
C. SPECIAL EXCEPTIONS
(1) Plat filed October 27, 1925, recorded in Plat Book 21 Page 83.
(2) Public School Concurrency Proportionate Share Mitigation Development Agreement
filed April 1, 2016, recorded in Official Records Book 30020 Page 3204.
(3) Modified Conditional Use Permit filed October 12, 2016, recorded in Official Records
Book 30261 Page 3826-
(4) Modified Conditional Use Permit filed June I, 2017, recorded in Official Records Book
30554, Page 951.
ADMIN 7008515360
(5) Development Agreement filed February 12, 2019, recorded in Official Records Book
31323, Page 2781.
(6) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1515.
(7) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1527.
(8) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1730.
(9) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1762.
(10) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1784.
(11) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1796.
(12) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1809.
(13) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1821.
(14) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1834.
(15) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1846.
(16) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1858.
(17) Conditional Use Permit filed May 23, 2019, recorded in Official Records Book 31454,
Page 1870.
(18) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1882.
(19) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1895.
(20) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1908.
(21) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1921.
(22) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1951.
(23) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1976.
(24) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 1989.
(25) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2002.
(26) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2017.
(27) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2047.
(28) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2060.
(29) Order filed May 23, 2019, recorded in Official Records Book 31454, Page 2113.
(30) Supplemental Order filed June 27, 2019, recorded in Official Records Book 31501,Page
1022.
(31) Supplemental Order filed June 27, 2019, recorded in Official Records Book 31501,
Page 1107.
(32) Supplemental Order filed June 27, 2019, recorded in Official Records Book 31501,
Page 1124.
(33) Supplemental Order filed June 27,2019, recorded in Official Records Book31501,Page
1148.
(34) Supplemental Order filed July 2, 2019, recorded in Official Records Book 31505, Page
4279.
(35) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31507, Page
2743.
(36) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31507, Page
2899.
(37) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1204.
(38) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1393.
(39) Supplemental Order filed July 3, 2019, recorded in Official Records Book 31508, Page
1478.
(40) Public School Concurrency Proportionate Share Mitigation Development Agreement
filed August 2, 2019, recorded in Official Records Book 31553, Page 3929.
(41) Assignment and Assumption of Development Agreement filed September 3, 2019,
recorded in Official Records Book 31627, Page 1177. (Ref: ORB 31323, Page 2781).
(42) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3459.
(43) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3469.
(44) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3479.
(45) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3489.
(46) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3500.
(47) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3510.
(48) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3520.
(49) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3530.
(50) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3540.
(51) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3550.
(52) Order filed December 9, 2019, recorded in Official Records Book 31718, Page 3560.
(53) Order filed December 18, 2019, recorded in Official Records Book 31733, Page 548.
(54) Second Amendment to Development Agreement filed January 13, 2021, recorded in
Official Records Book 32286, Page 4378. (Ref: OR 31627, Pg 1177) and ORB 31323.
Pe 2781).
(55) First Amendment to Development Agreement filed February 2, 2021, recorded in
Official Records Book 32326, Page 279. (Ref: OR 31323, Pg 2781 and OR 31627, Pg
1177).
(56) Declaration of Restrictive Covenants in Lieu of Unity of Title filed May 2, 2022,
recorded in Official Records Book 33164, Page 3948.
(57) Affidavit filed July 21, 2022, recorded in Official Records Book 33300, Page 3743.
(58) Perpetual Easement filed January 9, 2023, recorded in Official Records Book 33535,
Page 4773.
(59) Affidavit filed January 9, 2023, recorded in Official Records Book 33535, Page 4804.
(60) Subordination of Easement Agreement filed January 9, 2023, recorded in Official
Records Book 33535, Page 4797.
(61) Declaration ofRestrictive Covenants concerning Improvements in Public Right -of -Way
filed November 17, 2023, recorded in Official Records Book 33973, Page 2496.
(62) Declaration of Covenants, Restrictions and Easements for Five Park filed November 14,
2024, recorded in Official Records Book 34492, Page 3298.
(63) Parking Easement filed November 14, 2024, recorded in Official Records Book 34492,
Page 3895. (Ref: OR 33164, Pg 3948).
(64) Collateral Assignment of Declarant's Rights (Note A) filed December 9, 2024,
recorded in Official Records Book 34526, Page 2093.
(65) Amendment to Declaration of Covenants, Restrictions and Easements for Five Park
filed October 14, 2025, recorded in Official Records Book 34982, Page 2939. (Ref: OR
34492, Pg 3298).
(66) Amendment to Declaration of Covenants, Restrictions and Easements for Five Park
filed January 23, 2026, recorded in Official Records Book 35130, Page 3551. (Ref: OR
34492, Pg 3298).
Note: All of the recording information contained herein refers to the Public Records of Miami -Dade
County, Florida.
I HEREBY CERTIFY that I have reviewed all the encumbrances and exceptions and that none of
them hinder or affect the recording or enforcement of the Watermain Easement.
Therefore, it is my opinion that the following party(ies) mustjoin in the agreement in order to make
the Covenant a valid and binding covenant on the lands described herein:
TCH 500 Alton Commercial, LLC, a Delaware limited liability company
I HEREBY FURTHER CERTIFY that the legal description of the Water Easement set forth in the
Surveyor's Affidavit coincides with, and is the same as, the legal description in the proffered, recordable
agreement.
[SIGNATURE APPEARS IN FOLLOWING PAGE]
1, the undersigned, further certify that I am an attorney -at -law duly admitted to practice in the State
of Florida and a member in good standing of the Florida Bar.
Respectfully submitted this I Vi-day of March, 2026.
GREENBERG TRAURIG, P.A.
By: t_. —
MereSi df 3 er, Esq.
Florida Ba o. 0485454
333 SE 2nd Avenue
Miami, Florida 33131
(305)579-0822
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instru ent was acknowledged before me, by means of f . physical presence or _
online notarization, this day of March, 2026 by Meredith Singer, who is personally known to me
E91
Notary. ubli , tec orida
1Y Commission No.
My Commission Expires:
31
EXHIBIT "A"
LEGAL DESCRIPTION
PORTIONS OF LOTS 8,9 AND 10, OF AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGE 83, OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF ALTON ROAD AND
THE CENTERLINE OF 6 STREET; THENCE RUN ALONG THE SAID CENTERLINE OF ALTON
ROAD; SAID CENTERLINE ALSO BEING A LINE PARALLEL WITH AND 50.00 FEET EASTERLY
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF SAID LOTS 8, 9 AND 10, SOUTH
01058'50" EAST FOR A DISTANCE OF 45.00 FEET TO A POINT; THENCE RUN SOUTH 88000'53"
WEST FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING (P.O.B.) OF THE
FOLLOWING EASEMENT; THENCE RUN ALONG THE WESTERLY RIGHT-OF-WAY LINE OF
ALTON ROAD (STATE ROAD NO. 907), ALSO BEING THE EAST LINE OF SAID LOTS 8,9 AND
10, SOUTH 01°58'50" EAST FOR A DISTANCE OF 103.54 FEET TO A POINT HEREINAFTER
KNOWN AS POINT "A"; THENCE RUN SOUTH 880 00' 27" WEST FOR A DISTANCE OF 7.50 FEET
TO A POINT; THENCE RUN NORTH 010 58' S0" WEST FOR A DISTANCE OF 107.30 FEET TO A
POINT; THENCE RUN NORTH 480 22' 12" WEST FOR A DISTANCE OF 23.55 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID LOT 10, ALSO BEING THE SOUTHERLY RIGHT OF WAY
OF 61h STREET; THENCE RUN ALONG THE LAST DESCRIBED LINE, NORTH 880 00' 53" EAST
FOR A DISTANCE OF 4.54 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHWEST; THENCE RUN ALONG THE ARC OF SAID CIRCULAR CURVE
TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 900 00' 17", FOR AN
ARC DISTANCE OF 31.42 FEET TO A POINT OF BEGINNING.
I[tit]AN01:1ALINIH
PORTIONS OF LOTS 2, 3, 4, AND A PORTION OF THAT CERTAIN 15 FOOT ALLEY ADJACENT
TO SAID LOT 2 VACATED PURSUANT TO RESOLUTION NUMBER 2013-28343, ALL OF
AMENDED PLAT OF AQUARIUM SITE RESUBDIVISION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 21 AT PAGE 83, OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE AFOREMENTIONED POINT "A"; THENCE RUN ALONG THE WESTERLY
RIGHT-OF-WAY LINE OF ALTON ROAD (STATE ROAD NO.907), ALSO BEING THE EAST LINE
OF LOTS 4, 5, 6, 7 AND 8, SOUTH 01°58'50" EAST FOR A DISTANCE OF 91.88 FEET TO THE
POINT OF BEGINNING 11 (P.O.B. 11) OF THE FOLLOWING EASEMENT; THENCE RUN ALONG
THE WESTERLY RIGHT-OF-WAY LINE OF ALTON ROAD (STATE ROAD NO.907), ALSO BEING
THE EAST LINE OF SAID LOTS 2, 3, 4 AND THE SOUTHERLY PROJECTION OF THE EAST LINE
OF SAID LOT 2, SOUTH 010 58' S0" EAST FOR A DISTANCE OF 63.24 SOUTH 010 58,501, EAST
FOR A DISTANCE OF 63.24 FEET TO A POINT; THENCE RUN SOUTH 980 29' 07" WEST FOR A
DISTANCE OF 8.00 FEET TO A POINT; THENCE RUN NORTH 010 58' S0" WEST FOR A DISTANCE
OF 63.24 FEET TO A POINT; THENCE RUN NORTH 880 29' 07" EAST FOR A DISTANCE OF 8.00
FEET TO THE POINT OF BEGINNING.
ALL LYING AND BEING IN SECTION 03, TOWNSHIP 54 SOUTH, RANGE 42 EAST, MIAMI-DADE
COUNTY, FLORIDA.