Report to Agent on Status of Title Fie No. 300807834Chicago Title Insurance Company
6000 N. Andrews Avenue, Suite 300, Ft. Lauderdale, FL 33309 (954)971-2200 FAX (954)971-41'11
REPORT TO AGENT ON STATUS OF TITLE
F'ila No.: 300807834
Agent OrderlFile No.: CITY OF MBIR 3-24-U9
To: Tew Cardenas, LLP
ATl'N: Irma S. Duran
1441 Brickell Ave, Four Seasons Tower, 15th Flocr
Miami, FL 33131
''his report on the status of title is being furnished at your request to assist In the preparation of a CHICAGO
TITLE INSURANCE COMPANY (the Companyl title insurance commitment and po:icy to be issued by your
office. Ooly the result of en examinePon of the record title are reflected herein.
After you have reviewed this report, you must still -
(a) Add requirements to Schedule B you find necessary from your analysis of the present transaction, surveys,
prior title evidence and exceptions to Schedule B reflecting matters you may have actual knowledge of
which are not already shown in Schedule B.
(b) Roview the transaction in accordance with criteria discussed in the Standard Underwriting Risk section of lire
Underwriting Guide.
(c} if the amount of the polcy(ies) to be issued exceed your agency limits. obtain written authorization to issue the
commitment from ;he Company. This report is NOT authorization to issue the commitment.
'this report has been tumished to you in a format that will allow for part of It to be used as the inserts for the Yale
insurance commitment to be issued. You will need to complete Schedule A as well as add any additional
n:qu remenls you deem necessary as a result of the aoove. You must keep a copy of the entire report in your
file.
This report consists of the following:
This leader sheet
Schedule A
Schedule B -Section 1
Schedule B -Section 2
NOTE: Personal property tax information has NOT been searched.
'THIS REPORT IS PROVIDED FOR THE SOLE PURPOSE OF THE ISSUANCE OF A CHICAGO TITLE
INSURANCE COMPANY COMMITMENT AND POLICY BY THE ADDRESSEE AS AUTHORIZED BY THE
COMPANY. CHICAGO TITLE INSURANCE COMPANY DISCLAIMS LIABILITY TO THE ADDRESSEE OR
ANY THIRD PARTY IN THE EVENT THIS REPORT IS USED FOR A PURPOSE OTHER THAN AS STATED.
Dated' March 25, 2009
CHICAGO 71TLE INSURANCE COMPANY
By:
Pat Guilmette
O Chicago Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Agent OrderlFile No.: CITY OF MB/k 3-24-09 Title No.: 300807834
1. Effective Date: March 2, 2609 at 11 ~.00 PM
2. Policy or Policies to be issuetl:
(a) ALTA Owner Policy (10-17-92) with Florida Modifications with ALTA 13 Endorsement
Policy Amcurt: $ 4,420,000.00
Prooosed Insured: City of Miami Beach
3 The estate or Interest in the land described or roforred to in this Commitment and covered herein is:
fee simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
[dwin F. Gonzalez and Grace Gonzalez
5. The land referred to in the Commitment is described 9s follows:
TREMONT UPPER PARCEL
A'.I of Lol 1 and Lot 2, Less the North four {4) feet of the East 112 of said Lot 2, Block 14•A, ISLAND VIEW
ADDITION, according to the plat thereof, as recorded in Plat Book 9 at Page 144, and together with the East 112
of Lot 7 and all of Lot 8, Block 14, THE ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW
SUBDIVISION, according to the plat thereo`, as recorded In Plat Book 6, at Page 115, both being recorded in
the Public Records of Miami -Dade County, Florida.
The above described perimetrical boundary lying betweer elevation of 20,8 fee: and 500.0 feet, relative to the
NaSonal Geodotic Vertical Datum of 1929.
Undervlnllon Dy Chicago TLIe Insurance Company
SCHEDULE B -PART I
Agent OrdeNFile No.'. 300807834
The following are requirements to be complied with:
1. Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered
and duly filed for record.
A. Intentionally deleted.
B. Warranty Deed from Edwin F Gonzalez and Grace Gonzalez, to the City of Miami Beach and Bay
Road Partners, LLC, a Florida lircited liability company, conveying the land described in Exhibit B.
NOTE: If the Grantor(s) is/are individuals and the properly is homestead property, the spouses} of
said Grantor{s) must loin In the execution o' the Deed. If nct homestead, then a statement to that
effect must be reflected on the Daed.
C. Intentionally deleted.
D. We will require compliance with Chapter 718 Florida Statutes for croatior. of a condominium.
E. Record the Declaration of Condominium of Purdy Avenue Commercial Condominium, a
Condominium, on the lands described in Exhibit B.
Note: We rese~ve the right to make additional requirements or exceptions upon review of a copy of
the fully executed and acknowlodgad Declaration of Condominium referred to above with all
exhibits
Note: The legal description on Schedule A must be revised to reflect the new legal description of
the City Unit created try virtue of the Declaration of Declaration of Condominium, including the unit
numbers and the recording Information of the Declaration of Condominium.
F. Quit Claim Deed from Bay Road Partners, LLC, a Florida limited liability company, to the Proposed
Insured, conveying the Clty Unit created by virtue of the Declaretlon of Condominium, .ncludine the
unit number or description and the recording informa;Ion of the Declaration of Condominium.
NOTE: Closing agent must verify that the unit number or description that appears on the Quit Claim
Deed is a Unlt number tnat actually appears In the list of Units and/or the Condominium Sketch
ncluded in the retorted Declaration of Condominium.
2. Payment of the full consideration to, or for the account of, the grantors or mortgagors.
3, Payment of all taxes, charges, assessments, levied and assessed against subject premisos, which are due
and payable.
4. Satisfaction of the Mortgage and Security Agreement dated July 25, 2008 from Edwin F. Gonzalez and
Grace Gonzalez to Bank of Florida -Southeast, recorded July 31, 2008 in Official Records Book 26504,
Page 4500, of the Public Records of Miami-patle County. Florida, together with Release of the following
collateral security instruments:
A. Assignment of Leases, Rents and Profits recorded in Official Records Book 26504, Page 4520.
B. UCC-1 Financing Statement reoorded in Official Records Bock 28504, Page 4528.
5. Affidavit to be recorded in the Public Records of Miami-Dade County, Florida, confirming that Edwin F.
Gonzalez and Grace Gonzalez have boon continuously married to each other from a date prior :o October
20, 2000 through the date of closing.
8. Intentionally deleted.
7. Intentionally doleted.
ALTA Commitment-1988
8. Intentionally deleted.
9. Determination must be made ;hat there are no unrecorded special assessment liens or unrecorded liens
arising by virtue of ordinances, unrecodded agreements as to impact or other development fees, unpaid
waste fees payable to the count' or municipality, or unpaid service charges under Ch. 159, F.S., or county
ordinance.
10 I nteniionany deleted.
11. In the event the Company is requested to de'ete Items 2(aj through 2(d) of Schedule B -Section 2, the
following will be req.airod:
A. Intentonally celeted
B. Owners No Lien and Possession Affidavit in form satisfactory to the Company. The policy issued
hereunder will be subject to a special exception for the rights of parties disclosed by said Affidavit.
(Chapter 527.7842 Florida Statutes)
1?.. Intentionally deleted.
1:3. Intentionally deieted.
14. Intensionally deleted,
15. Wilh regard to Bay Road Partners, LLC, a Florida limited liability company, tho following is required:
A. Satisfactory evidence must be furnished showing That Bay Road Partners, LLC is currently in good
standing.
(Note) Proof of the issuance of the Certificate of Organization by the Secretary of State it the event
said company was formed prior to October 1, 1993.
6. A certified copy of the Articles of Organization and Operating Agreement must be fumished and the
Company reserves the right to make additional requirements andlor excoptions upon review of
same.
-or-
Record in the Public Records of Miami-Dade Counh/, Florda, a Certificate from the keeper of the
records of the ccmpany certifying:
1. Whether the management of the company is vested in the members or in the manager{sj;
2. The names and positions, if any, that the managing members have of the company. on the
date of the deed to be insurod.
3. Affidavit from the managing member or the manager(s), whichever is applicable, confirming
that there has been no dissolution of the company resuttin9 hom transfers of member's
interest, or otherwise.
ENP OF SCHEDULE B -PART I
ALTA CommAne~t4966
Agent OrderlFile No.: 300807834
SCHEDULE B-PART II
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
di:>posed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, f rst appearing In the Public
Records or attaching subsequent to the effective date hereof but prior to the date the proposed 'insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Standard Exceptions
A. Rights or claims of parties in possession not shown by the Public Records.
B. Intent'onally deleted.
C. Intentionally deleted.
D. Any lien or right to a lien for services, labor or materials now or hereafter fumished, Imposod by law
and not shown by the Public Records.
E 'faxes or special assessments which are not shown as existing Ilens by the Public Records.
F. Any Balm that any porfon of said lands are sovereign 'ands of the State of Florida, including
submerged, filled or artiFlcially exposed lands accreted to such lands.
G. Taxes and assessments for the year 2009 and subsequent years.
Standard Exception 2(f) of Schedule B -Part It is horeby deleted.
3 Intentionally deleted.
4. Standard exceptions (A) end (D) may be removed upon receipt of a satisfactory affidavit Indemnity from the
party shown in title and in possession slating who is in possession of the lands and whether there are
improvements being made at date of commitmont or contemplated to commence pricr to the date of closing
which will not have been paid for in full prior to the closing.
5. Matters set forth on the plat of ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW
SUBDIVISION, as recorded in Plat Book 6, Page 115.
6. Matters set forth on the plat of ISLAND VIEW ADDITION, as recordea in Plat Book 9, Page 144.
7 Order of the City of Miami Beach Design Review Hoard recorded ,n Official Records Book 26626, Page
2828.
8. Intentionally deleted
E. Intentionally deleted.
10. Intentionally deleted.
11. Intertionally deleted.
12. Intentionally deleted.
13. Subject to the tears antl conditions set forth in that certain Conditional Use Permit recorded December 2,
2008 in Otfic'.al Records Book 26669, Page 2501.
NOTE: Division of Land/Lot Split Final Order recorded December 2, 2008 in Official Records Book 26669,
Page 2498.
ALTA Commitmen61889
14. Sketch of Survey made by Fortior, Leavy, Skills, Inc. dated March 17, 2009, Job No. 090217 discloses the
following:
q. Possible unrecorded utility rights evidenced by light pole end drop pole.
8 Ercroachment of building overhang onto Lot 2, Block 14A.
Standard Exceptions No. 2(b) and 2(c) are hereby deleted provided that a signed, sealed survey is provided.
15. All the covenants, conditions. restrictions, easements, assessments and possible liens, terms and other
provisions of Declaration of Condominium of PURDY AVENUE COMMERCIAL CONDOMINIUM and
Exhibits thereto, recorded in Official Records Book ,Page , of the Public Records of
Miami-Dade County, Florida, and as further amended, including, but not limited to one or more ci the
following: provisions for private charges or assessments; liens for liquidated damages; and/or option, right of
first refusal or prior approval of a future purchaser or occupant.
16. Memorandum of Agreement granting the City of Miami Beach the right to purchase additional parcels
recorded in Official Records Book _, Page
NOTE. With respect to any Exception in Schedule B reciting covenants and restrictions said Exception(s)
omits any covenant or restriction based or race, color, relig?on. sex, handicap, familial status or national
origin uNess and only to the extent that Bald covenant (a} is exempt under Chapter 42, Section 3607 of the
United Slates Codo or (b) relates to handicap but does no[ discriminate against handicapped persons.
NOTE. All of the recording information contained herein refers to the Public Records of Miami-Dade County,
Fbr.da, unless otherwise indicated.
END OF SCHEDULE B -PART II
ALTA CommNment nJti6
LEGAL DESCRIPTION
EXHIBIT "A"
TREMONT UPPER PARCEL
Agent OrderfFile No.: 300807834
All of Lot 1 and Lo: 2, Less the North four (4? feet of the East 1f2 of said Lot 2, Block 14•A, ISLAND VIEW
ADDITION, according to the plat thereof as recorded in Plat Book 9 at Page 144, and together with the East 1f2 of
Lot 7 and all of Lot B. Block 14, THE ALTON BEACH RCALTY COMPANY'S PLA"f OF ISLAND VIEW
SUBDIVISION, according to the plat thereof, as recorded in Plat Book 6, at Page 115, both being recorded in the
Public Records of Miami - Dado County, Florida.
The above described perimetrical boundary lying between elevation of 20.6 feet and 500.0 feet, relative to the
Nafional Geodetic Vertical Datum of 1929.
P,LTA Carimitr-lent-1966
rideliry National Financial, Inc.
Privacy Statement
Effective Date: S.-ll~003
Fidelity National Financial, Ire. and its subsidiaries ('FNF") rospect the privacy and security of your nao-
public personal information ("Personal Ir.forrnatiun") and protecting pour Personal Information is one ol'eur
top priorities. 'this Privacy Statement explains FN F's privacy practices, including :•[ow we use the Personal
Information we receive from you and from other specifiuri souroes, and to whom it may be disclosed. FNF
follows the privacy practices described in this Privacy Statoment and, depending on the business
pcrforn:ed, FNF companies may share information as described herein.
(Personal Information Collected
1Ve may collect Personal lnformarior, about you from the fello+ving sources:
• Informaron we receive from you on applications or other forms, such as your name, address, social sccuri[y
number, tax identification number, asset information, and income information;
• Infom:a[ion we reccivc from }roe through our Internet websites, such as your name, address, email address,
lnternut Protocol address, the websitc links you used to gut to our wehsites, and your activity while using or
reviewing our websites;
• Information about your tr ansactions with or services performed by us, our a ffiliatcs, or others, such as
information concerning your policy. premiums, payment history, information about your home or other real
property, infoimation from lenders and other third parties involved in such transaction, account balances, and
credit card infonna[ion; and
• Infurrnation we rtx:cive from consumer or other reporting agencios and publicly recorded documents.
Disclosure of Personal Iuformatiun
We may provide poor Personal Information (excluding information we receive from cunsuruer or other credit
reporting agencies) to various individuals and companies, as pennirted by law, without
obtaining your prior authorisation. Such L•nvs du not allow consumers to restrict these disclosures.
llisclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, ur others to provide you with services
}•ou have requested, and to enable us to detect or prevent crirniual activity, fraud, material misrepresentation,
or nondisclosure in connection with an insurance trnrsactiun;
• To third-party contractors or service providers I'or the purpose of detcnnining your eligibility
for an insurance benefit or payment and;or providing you with services you have requested;
'I'o an insurance regulatory authority, or a law enforement or other governmental authority, in
n civil action, in connection with a subpoena or a governmental investigation;
• To companies that perfomt marketing sorvices on our bchal~ or to other f mancial institutions with which we
have joint marketing agreements altd!or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title
whose clttirm or interest rrus[ be determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believo, in good faith, that such disclosure is
reasonably necessary to comply with the law• or in pmwet the safety of our cus[omurs, employees, ur property
and!or ro comply with a judicial proceeding, court order or legal process.
ALTA Corrmitrnmd•?968
tff8ctive Datc: 5/1!ZUU8
Disclosure to Affiliated Companies - We are permitted by law to share your name, address and
Jucts about your transaction with other FVF companies, such as insurance companies, agents, and
other real estate service providers to provide you with services you have requested, for marketing
or product detrelopmenl research, or to market products or services to you. We do noL however,
disclose infomtation we collect from consumer or credit reporting agencies with our al`filiates or
others without your consent, in conformit}• with applicable law, unless such disclosure is otherwise
pcrntittcd 5y law.
Disclosure to NonalTiliated Third, Pamirs - We do not disclose Personal Information about our
customers or former customers to nonaffiliated third patties, except as outlined herein or as
othenvisc permitted by law.
Confidentiality and Security of Persmial in[ormation
We restrict access to Personal Inforznation atxwt you :n those employees who need to kno.v that
atl'ormation to provide products or services tc you. We maintain physical, electronic, and
procedural safeguards that comply with federal rogulations :o guard Ycrsonal Intbrmetion.
Access to Personal lnformation/
Requests for Correction, Amendment, or Deletion of Personal In[ormation
As required by applicable law, we will afford you the right to access your Personal Information,
under certain circumstances to find out to whom your Prrsonal lnformation has been disclosed, snd
request correction or deletion of your Personal Information. However, FNF"s cun•enc oolic,rLc?,
maintain customcn'_Perscnul Information for no less than~eur s 'c's required record retention
re,~tiircgients for thepumose of handlin ftrgture-coveraue ylaims.
For your praec:ion, all renues[y_made under this section coos be in writira and must inclcde your
notarized signature to establish veer ident~. Where permitted by law, we may charge a
reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Ctiicf Privacy Officer
Fidelity National Financial, htc.
bi)1 Kiverside Avenue
Jacksonvi;lc, PL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time w time consistent with applicable privacy laws.
R'hen we amend this Privacy Statement, we will post a notice of such changes on our website. 'the
effective date of this Privacy Statement, as stated above, indicates the last time this Privacy
Statement w•as rovised or materially changed.
ALTA Gemmamenl-19E6
Exhibit B
All of Lot 1 and Lot 2, Less the North four (4) feet of the East 112 of said Lct 2 Block 14•A, ISLAND VIEW
ADDITION, according to the plat thereof as recorded in Plat Book 8 at Page 144, and together with the East 112
of Lot 7 and all of Lot 9, Block 14, THE ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW
SUBDIVISION, ecwrding to the plat thereof, as reoo•ded In Plat Book 8 at Page 115, both being recorded In the
Public Recortl of Miami•Dade County, Florida.
EMIbM e
9018150073Ww