Report to Agent on Status of Title File No. 300902408Chicago Title Insurance Company
6600 N. Andrews Avenue, Suite 300, Ft. Lauderdale, FL 33309 (954)971-2200 FAX (954}971-4111
REPORT TO AGENT ON STATUS OF TITLE
File No.: 300902408
Agent Order/File No.: BAY ROAD OUTPARCEL
To: Tew Cardenas, LLP
ATTN: Irma S. Duran
1441 Brickell Ave, Four Seasons Tower, 16th Floor
Miami, FL 33131
This report on the status of title is being furnished at your request to assist ir. the preoaretion of a CHICAGO
TITLE INSURANCE COMPANY (the Company) title insurance commitment and policy to be ssued by your
office. Only the result of an examination of the record title are reflected herein.
After you have reviewed this report, you must still -
(a) Add requirements to Schedule 8 you find necessary from your analysis of the present transaction, surveys,
prior title evidence and exceptions to Scnedule B reflecting matters you mey have actual knowledge of
which are not a;ready shown in Schedu'e B.
ib) Review the transaction in accordance with critoria discussed in :he Standard Underwriting Risk section of the
Undowmling Guide
(c) If the amount of the policy(Ies) to be issued exceed your agency limits obtain written authorization to issue the
commitment from the Company. This report is NOT authorization to issue the commitment.
This report has been furnished to you In a format that will allow for part of it to be used as the Inserts for the title
'nsurance commitment to be issued. You will need to complete Schedule A as well as add any additional
requirements you deem necessary as a result of the abovo. You must keep a copy of tho entire report in your
file.
'This report consists of the following:
This leader sheet
Scnedule A
Schedule B -Section 1
Schedule B -Section 2
NOTE: Persoral 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 BV 7HE 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 TITLE INSURANCE COMPANY
By
Pat Guilmette
Chicago Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Agent OrderlF Ie No : BAY ROAD OUTPARCEL Title No.: 300902408
1. Effective Date: March 2, 2009 at 11:00 PM
2. Policy or Policies to be Issued:
(a) ALTA Owner Policy (10-17-92) with Florida Mod flcations
Policy Amounb $ 3,580,000.00
Proposed Insured: Bay Road Partners, LLC, a Florida limited liability compary
3. The estate or interest in the land described or referred 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:
Edwin F. Gonzalez and Grace Gonzalez
5. The land referred to in the Commitment s described as follows:
TREMONT LOWER PARCEL
All of Lot 1 and Lot 2, less the North tour (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 12
of Lot 7 end all of Lot 8, Block 14, THE ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW
SUBDIVISION, according to the plat thereof, as recorded in Ptat Book 6 at Pago 115, both being recorded in the
Public Recortl of Miami-Dade County, Florida
The above described perimetrical boundary being below aievalion 20.80 feet, relative to the National Geodetic
Vertical Datum of 1929.
Underwritten by, Chicago Tdle insurance ComCany
SCHEDULE a -PART 1
Agent OrderiFile No.: 300902408
The following are requirements to be complied with:
1. Instrument(s) necessary to create the estate or interest to be insured must be droperty executed, delivered
and euly filed for record.
A. Warranty Deed from Edwin F. Gonzalez and Grace Gonzalez, to the Proposed Ensured, conveying
the lend described in Exhibi: B.
NOTE: If the Grantor(s) is/are individuals and the Froperry is homestead properly, the spouse(s) of
said Grantors} must join in the execution of the Deed. If not homestead, then a statement to that
effect must be reflected on the Deed.
B We will require compliance with Chapter 718 Ftorida Statutes for creation of a condominium.
C. Record the Declaration of Condominium of Purdy Avenue Commercial Condominium, a
Condominium. on the lands described in Exhibit B.
Note: We reserve the right to make eddRional requirements or exceptions upon review of a copy of
the fully executed and acknowledged Declaration of Condomini,am •eferred to above with all
exhibits.
Note: The legal description en Schedu~e A must be revised to reflect the new Legal description of
the BRP Unit created by virtue of the Declaration of Declarebon of Condominium including the unit
numbers and the recording information of the Declaration of Condominium.
D. Quit Claim Deed from the City of Miami Beach to the Proposed Insured, conveying the BRP Unit
created by virtue of the Declaration of Condominium, including tse unit number or description and
the recording information of the Declaration of Condomin'um.
Note: Deeds by a municipal corporation usually are signed in the name of the city or town by the
mayor or soma other person authorised by the charter, in the oresence of two subscribing
witnesses. The conveyance also should be attested by the cRy clerk, sealed with the municipal seal
and made upon a proper resolution oy the municipal ty's governing body authorizing a conveyance
of the property. The Agent should determine that such a deed is executed by ar. official authorized
by the charter and that it Is duly attested to by the city clerk. A Certificate from the City Attorneys'
Office evidencing the proper adoption of the resolution should be attached to the deed of
conveyance and recorded with it.
NOTE: Closing agent must verify that the unit number or description that appears on the Warranty
Deed is a Unit number that actually appears in the list of Units andlor the Condominium Sketch
included in the recorded Declaration of Condominium.
2 Payment of the full consideration to, or for the account of, the grantors or moRgagors.
3- Payment of all taxes. charges, assessments, levied and assessed against subject premises, which are due
and payable.
4 Satisfaction of the Mortgage and Security Agreement dated July 25, 2008 from Edwir F. Gonzalez and
Grace Gonza'ez to Bank of Florida -Southeast, recorded July 31, 2008 in Official Records Book 26504,
Page 4500, of the Public Records of Miami-Dade County, Florida, together with Release of the following
collateral security Instruments.
A. Assignment of Leases, Rents and Profds recorded in Official Rew•ds Boo< 26504, Page 4520.
B. UCC-1 Financing Statement recorded in Official Records Book 26504, Page 4628.
ALTA CanrniLnmiF 73a6
5. Affidavit to be recorded in the Public Records of Miami-Dade County. Florida, confirming that Edwin F.
Gonzalez and Grace Gonzalez have been continuousty married to each other from a date prior to October
20, 2000 through the date of closing.
6. Determination must be made that there are no unrecorded special assessment Ilens or unrecorded Ilens
aris ng by virtue of ordinarces, unrecorded agreements as to :mpauK or other development fees, unpaid
waste fees payable to the county or municipality, or unpaid service charges under Ch. 159, F.S., or county
ordinance.
7. In the event the Company is requested to delete Items 2(a) through 2(d) of Schedule B -Section 2. the
following will be required:
A 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 627.7842 Forida Statutes)
8. WRh regard to Bay Road Partners, LLC, a Florida limited liability company, the following is required.
A. Satisfactory evidence must be furnished showing that Bay Road Partners, LLC is cu~rontly in good
standing.
(Note) Proof of the issuance of the Certificate of Organization by the Secretary of State in the event
said company was formed prior to October ^, 1993.
B. A certified copy of the ArtiGes of Organizaton and Operating Agreement must be furnished and the
Compary reserves the right to make additional requirements and/or exceptions upor review of
same,
-or-
Record in the Public Records of Miami-Dade County: Florkla, a Certificate from the keeper of the
records of the cornpa~y certifying:
1. Whether the management of the company is vested in the members or in the manager(s);
2. The names and positions, if any, that the managing members have of the company, on the
date of the Declaration of Cordominlum.
C. Affidavit from the managing member or the manager(s), whichever is applicable. confirming the:
there has been no dissolution of the company resultiny from transrers of member's interest, or
othev+ise.
END OF 3CHEDULE B -PART 1
AITA G:+mmitment-1968
SCHEDULE B -PART II
Agent OrderlFi:a No : 300902408
Schedue B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed o` to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or othor matters, if any, created, first appearing in the Public
Racortls or attaching subsequent to the effective date hereof but pricr to the date the proposed insured
acquires for value of record the estate or interest or mortgage thereon covereo by this Commitment.
2 Standard Exceptions
A. Rights or claims of parties in possession not shown by the Public Records.
B. Intentionally deleted.
C. lntenllonally deleted.
p. Any lien or right to a tier, for services, labor or malaria's now or hereafter furnished, imposed by law
and not shewn by the Public Records.
E. Taxes or special assessments which are not showr as existing liens by the Public Records.
F. Any claim that any portion o` said lands are sovereign lands of the State of Florida, including
submorged, filled o' artificially exposed lands accreted to such lands.
G. Taxes and assessments for the yea^ 2009 and subsequent years.
Standard Exception 2(f) of Schedule B -Part II is hereby deleted.
3. Standard exceptions (B) and (C) may be removed from the policy when a satisfactory survey and surveyor's
report and'nspection of the premises's made.
4. Standard exceptions (A) and (D) may be removed upon receipt of a satisfactory affidavit-indemnity from the
party shown in title and in possession stating who is in possession of the lands and whether there are
improvements being made at date of commitment or contemplated to commence prior to the date of closing
which will rot 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 recorded in Pla: Book 9, Page 144.
7. Order of the Clty of Miami Boach Design Review Board recorded In Official Records Book 26628, Page
2828.
f?. Subject ;o the terms and conditions set forth in that certain Conditional Use Permit recorded December 2,
2008 in Official Records Book 26669, Page 2501.
NOTE: Division of LandlLol Split Final Order recorded December 2, 2008 in Official Records Book 26669,
Page 2496.
9. Sketch of Survey made by Fortion, Leavy, Skills, Inc. dated Marcn 17, 2009, Job No. 090217 discloses the
folowing:
A. Possible unrecorded utility rights evidenced by Gght pole and drop pole,
B. Encroachment of building overhang onto Lot 2, Block 14A.
Standard Exceptions No. 2(b; and 2(c) era hereby deleted provided that a signed, sealed survey is proviaetl.
ALTA Conanttmenb1966
11?. All the covenants, condlbons, restrictions, easements, assessments and possible Liens, terms and other
provisions o! 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, Flo-ida, and as further amended, including, but not limited to one or more of the
follow'ng: provisions for private charges o-assessments; liens for liquidated damages; andlor option, right of
first refusal or prior approval of a future purchaser or occupant.
NOTE: With respect to any Exceptior in Schedule B rattling covenants end restrictions said Exception(s)
omits any covenant cr restriction based on race, color, relicion, sex, handicap, famiPal status or national
origin unless and only to the extent that said coverant (a) is exempt under Chapter 42, Section 3fi07 of the
United States Code or !b) relates to handicap but does not discriminate against handicapped persons.
NOTE: All of the recording information wntalned herein refers to the Public Records of Miami-Dade County,
Floritla, uNess otherwise indicated.
END OF SCHEDULE B -PART II
AL?A Commionent-1986
LEGAL DESCRIPTION
EXHIBIT "A"
TREMONT LOWER PARCEL
Agent OrderlFile No.: 300902408
AI' of Lot 1 and Lot 2, Less the North four (4) feet of the East 112 of said tot 2, Block 14-A, ISLAND V1EW
ADDITION, according to the plat thereof, as recorded in Plat Book 9 at Page 144, end together with the Eesl 112 of
Lot 7 and all of Lot 8, Block 14, THE ALTON BEACH kEALTY COMPANY'S PLAT OF ISLAND VIEW
SI~BDIVISION, according to the plat thereof, as recorded in Plat Book 6 at Paga ~ 15, both being recorded in the
Public Record of M~aml-Dade County, Florida.
The above described perimetrical boundary being below elevation 20.80 `eet, relative to the National Geodetic
Vertical Datum of 1929.
ALTA Commitment-1968
Fidelity National Financial, Inc.
Privacy Statement
Gf2'ective Datn: 51{/2008
Fidelity National Pinar-cial, lno, and its subsidiaries f,"F•KF") rospect the privacy and security of your non-
public personal information ("Personal Information°) and protecting your Personal Information is one of our
top priorities. 'f}tis Privacy Statement explains F1vF's privacy practices, including how we use [he Personal
Information we roceive from you and from other specified sources, and to whom it may he disclosed. 1'NP'
follows the privacy practices described in the Privacy Statement and, depending on the business
performed, FNF companies may share information as described heroin.
Personal Information Collected
We may collect Personal Gtfonnation about you from the following sources:
• Information we receive from you on applications or other forms, such as year name, nddress, social security
number, :ax identilicatiur- number, asset information, and income inlormatior.;
• [rformalion we receive from you through our Internet websites, such as your name, address, omail address,
Internet Protocol address, the w•absite links you used to gat to our websites, and your activity while using or
reviewing our wobsitcs;
+ Information about your tr ansactioru with or sen~ices performed by us, our a foliates, or others, such as
information concerning your policy, premiums, payment history, information about your hemc or other real
pruacrty, information from lenders and other third parties involved in such transaction, account balances, and
credit card infermation; and
+ htformalion we receive from cortswner or other reporting agencies and publicly recordeddacuments.
1Disclosure of Personal Information
We may provide your Personal lnfurnation {excluding information we receive from consorter or other credit
reporting agencies) to various individuals and companies, as permitted 'ay law: w•ititout
oblairung yor:r prior authorization. Such taws do not allow amsr:nters to restrict these disclosures.
Disclosures may inclcde, without limitation, the following:
• To insurance agents, brokers, representatives, support organizationx, or otltcrs to provide you wish services
you have requested, and to enable us to detect or prevent criminal activity, fraud, malarial misrepresenWlion,
or nondisclosure in comtection with an insurance transaction;
• "I'u third-pang contractors or service providers for the purpose of determining your eligihility
far an insurance benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement er other governmental authority, in
a civil action, in connection with a subpoena or u governmemal investigation;
• T'o companies that perform marketing sen~ices on our behnlf or to other f nancial institutions with which +ve
`rave joint marketing agreements end/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title
whose claim or irtcrest must bu determined, settled, paid or roleased prior to a title or escrow closing.
VM'e may also disclose your Personal lnfornu~tion to others when we believe, in good faith, that such disclosure is
rcasonab'.y necessary to comply with the law or to protect the safety of our cuswmen, empluycce, ur property
andlor to comply with a judicial proceeding, court order or Icgal process.
ALTA Commdm•n:-1956
E`,'f8ctivc llate: 5/1/2008
Disclosure to A(f':iated Cn~anics - We arc permil:cd by ;aw• to share your name, address and
facts about your transaction with other PNP companies, such as insurance companies, agents, and
other real estate sen•ico providers to provide you with sen•ices you have roquosted, for marketing
or product develops+ent research, or w market products or services to you. We do nut, how•evc:r,
disc:ose information we collect from consumer er credit reporting agencies with our affiliates ur
others without your wnscnt, in conformity with applicable law, unless such disclosure is otherwise
perntitlcd by law.
Disclosure to NonrfFiiated.'I'hird Patiica - Vr'e do not disclose Personal Information about our
customers or former customers to nonaffiliated third patties, except ax outlined herein or as
athcnvisc permitted by law.
ContSdentialily and Security of Personal Information
V1'e restrict access to Personal Information about you to thoxe c:np!cyces who need to know that
information to provide products or services to you. We maintain physical, elec:Inmic, and
procedural safeguards that comply with fedoral regulations to guard Pcrsonnl Ir.furntation.
Access to Personal lufa•mation/
Requests for Correction, Amendment, or Deletion oP Personal Informatiuu
As required by applicable law, we will alli+rd you the right to access your Personal lnfornarior.,
under certain cin;umstancos to find out to whom yocr Personal lnformation has bwn disclosed, and
request correction or dc'.etion of your Personal Infornation. However, FNF's curwnt policy is w
maintain cusw;ngrs' Personal Information for no less thap_your stato's re uirc record ro1~11~Qn
requirements for the ournyse of handling futuro cuvaraee_ Ir aims.
Por your protection, la I requests made under this sgclion must be p w•ritint: and must in de vour
notarized_ signature Ip establj~h Lur identi,>k. \Vherc pumitted by ;aw, we may charge a
rcasunabie fee to cover the costs incurred in responding to sttch requests. Please send requests to:
Chief Privacy Officer
Fidelity 1\alional Financial, hr.
601 Riverside Avenac
Jacksonville, PL 32204
Changes to this Privacy Statement ,
This Privacy Statement may be amended from time w lime consistent with applicable prvacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our wcbsite. The
el'iuctive dote of this Privacy Sta:emen[, as stated above, indicates the last iime this Privacy
Statement was revised or materially changed.
ALTA Gorrmllment• ~ 988
Exhlbk B
All of Lot 1 and Lot 2, Less the North four (4) feet of the East 1!2 of said Lot 2, Block 14•A, ISLAND VIEW
ADDITION, according to the plat thereof, as recorded in Plat Book 13 at Page 144, and toaethar with the F..ast 1±2
of Lot 7 and all of Lol 8, Blcck 14, THE ALTON BEACH REALTY COMPANY'S PLAT OF ISLAND VIEW
SUBDIVISION, according to the plat thereof, as recorded In Plat Book 6 at Page 115, both being recorded in [he
Public Record of Miami-Dade County, Florida.
exhwn a
001815C033,r4w