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Correspondence CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Robert Parcher City Clerk FROM: Raul J. Aguila First Assistant City Attorney SUBJECT: 1) Miami Beach Redevelopment Agency - Purchase from The Courts of South Beach, Ltd. and 2) City of Miami Beach - Purchase from Gloria Miller Rosenthal, Trustee - Owner's Title Insurance Policies DATE: June 14, 2005 Bob: Enclosed herewith are closing documents relative to the above-referenced two Purchases. FUND OWNER'S POLICY Schedule A Policy No.: OPM 2631820 Effective Date: February 1, 2005 at 11:26 PM Fund File Number 01-2005-000725 Agent's File Reference: City ofMB/97052.12 Amount of Insurance: $1,080,000.00 1. Name of Insured: City of Miami Beach, a Florida municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple and is at the effective date hereofvested in the named insured as shown by instrument recorded in O.R. Book 23045, Page 641, of the Public Records of Miami-Dade County, Florida. 3. The land referred to in this policy is described as follows: Lot 10, Block 13, Amended Plat of Block Thirteen of the Alton Beach Realty Company, according to the plat thereof, as recorded in Plat Book 9, Page 146, Public Records of Miami-Dade County, Florida. AGENT NO.: 2331801 ISSUED BY: Bloom & Minsker, P.L. MAILING ADDRESS: 1110 Brickell Ave. 7th FLR Miami, FI 33131-3107 AGENT'S SIGNATURE Rev.t.O FUND OWNER'S POLICY Schedule B Policy No.: OPM 2631820 Fund File Number 01-2005-000725 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. Items 2-5 are hereby deleted. 7. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Amended Plat of Block Thirteen of the Alton Beach Realty Company, as recorded in Plat Book 9, Page 143, Public Records of Miami-Dade County, Florida. 8. Subject to rights of tenants under unrecorded leases, if any. ~ Page 2 of2 FLORIDA ENDORSEMENT FORM 9.2 (RESTRICTIONS, EASEMENTS, MINERALS) (OWNER'S POLICY: IMPROVED LAND) Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA Endorsement No.1 to Owner Policy No. OPM 2631820 The Fund insures the insured against loss or damage sustained by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: (a) Present violations on the land of any enforceable covenants, conditions or restrictions, or any existing improvements on the land which violate any building setback lines shown on a plat of subdivision recorded or filed in the public records. (b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land which, in addition (i) establishes an easement on the land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter or right of forfeiture because of violations on the land of any enforceable covenants, conditions or restrictions. (c) Any encroachment of existing improvements located on the land onto adjoining land, or any encroachment onto the land of existing improvements located on adjoining land. (d) Any encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B. (e) Any notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or filed in the public records. 2. Damage to existing buildings: (a) Which are located on or encroach upon that portion of the land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; (b) Resulting from the future exercise of any right existing at Date of Policy to use the surface of the land for the extraction or development of minerals excepted from the description of the land or excepted in Schedule B. 3. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment, other than fences, landscaping or driveways, excepted in Schedule B. 4. Any final court order or judgment denying the right to maintain any existing building on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used in paragraphs l(a) and 4, the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Bloom & Minsker P.L. February 1, 2005 2331801 Attorneys' Title Insurance Fund, Inc. By Charles J. Kovaleski President Page 1 of 1 BLOOM & MINSKER,RL. ..JOEL N. MINSKER, P.A. DIRECT FACSIMILE: (305) 908-3445 E-MAIL: jmlnsker@miamilaw.net 1110 BRICKELL AVENUE SEVENTH FLOOR MIAMI, FLORIDA33131-3107 TELEPHONE: (305) 371-6800 FACSIMILE: SEE SPECIFIC ATTORNEY E-MAIL: info@miamilaw.net KENNETH M. BLOOM BOARD CERTIFIED IN TAXATION DIRECT FACSIMILE: (305) 908-3450 E-MAIL: kbloom@miamilaw.net ATTORNEYS AT LAW April 21,2005 Dear Title Insurance Customer: As you may be aware, this firm serves as an agent for Attorney's Title Insurance Fund, Inc. (the "Underwriter"). You are involved in a transaction in which this firm, as agents for the Underwriter, will be issuing a title insurance policy. In accordance with the Federal Gramm-Leach-Bliley Act, the Underwriter and its agents are required to provide you a disclosure of their privacy policy. Attached please find the required privacy policy disclosure for the Underwriter which has been adopted by this firm and also serves as our privacy policy. We thank you for the opportunity to be of service to you. F:\ Forms\ReaIEstate\Title Insurance\Private Policy Disclosure Itr .doc g. Attorneys' Title Insurance Fund, Inc. Privacy Policy Notice PURPOSE OF TInS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing non public personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys' Title Insurance Fund, Inc. 1. INFORMATION WE COlLECT: We may collect nonpublic personal infonnation about you from the/following sources: . Information we receive from you, such as on applications or other fonns. . Information about your transactiODS we secure from our files, or from our affiliates or others. . Infonnation we may receive from a consumer reporting agency. · Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. 2. INFORMATION WE DISCLOSE TO THIRD PARTIES AS PERMITTED BY LAW: We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. 3. OUR PRACTICES REGARDING INFORMATION CONFIDENTIALITY AND SECURITY: We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We II1ail\tain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.