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LTC 409-2017 BasementsMIAMI BEACH OFFICE OF THE CITY MANAGER NO. LTC # 409-2017 LETTER TO COMMISSION TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: August 9, 2017 SUBJECT: Basements Over the last few days two local media outlets have erroneously reported that drainage improvements in Sunset Harbor have created basements in some of the older and lower lying buildings, like Sardinia. It is unfortunate that important information that was provided to Brian Entin with WSVN 7 was omitted in his story last night, including Sardinia's elevation certificate and the FEMA definition of a basement. As we explained to Mr. Entin in detail, as soon as the city was notified of Sardinia's insurance claim issue, we immediately began advocating for the truth. This included conversations with FEMA and obtaining an official elevation certificate for the establishment proving that the City is not creating basements. Attachment 1 is the FEMA definition of a basement, "any area of the building having its floor subgrade (below ground level) on ALL sides." The capital letters are added for emphasis. Attachment 2 is an official elevation certificate for 1801 Purdy Avenue, please refer to page 2 for elevation details and page 7 for the diagram that best reflects building type. The bottom floor is higher than adjacent grade. Therefore, it is not a basement. Attachment 3 is a second engineering report from the insurance company for the insured "...to determine whether the lowest occupied floor of the building is below grade on all sides." Please refer to pages 2 and 3 which conclude that "the interior finished floor elevation is ABOVE grade on ALL sides when considering the grade to be the point adjacent to the exterior wall." (Capitalization is added for emphasis again). Therefore, it is not a basement. The actual status of Sardinia's claim, denial and appeal to Allstate remains a private matter between the insured and the company, the details of which we are not privy to, despite requests for information. Attachment 4 is the FEMA Flood Claim Process. The city will continue to work together to ensure that we have not and will not create basements as part of the stormwater improvement program in residential neighborhoods or commercial areas. The work we're doing in Miami Beach is ground breaking, and other industries need to catch up — from the media to the private sector (insurance). We are constantly educating and communicating to best simplify these complex issues, from science to engineering. Please let me know if you have any further questions. Attachments JLM/SMT FEMA Basement Attachment 1 The purpose of this page is to define basements, a Navigation commonly used term in floodplain management. Search Expand All Sections Languages Definition/Description Flood Insurance (/national -flood - insurance -program) Got a problem? (/got -problem) How do I Buy Flood Insurance? (/national-flood- insurance- program/How- Buy-Flood- Insurance) Flood Insurance Forms (/national- flood-insurance- program/national- flood-insurance- program-forms) -.. National Flood Insurance Program Policy Index (/national- flood- insurance- program - policy -index) Accessory Structures Any area of the building having its floor subgrade (below ground level) on all sides. The lowest floor of a residential building including basement must be above the Base Flood Elevation (BFE). Basements below the BFE are only allowed in communities that have obtained a basement exception from FEMA. Floodproofed non-residential basements are allowed. NFIP Requirement Guidance Related Keywords Special Topic Resources Last Updated: 03/07/2017 - 19:32 U.S. DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management -Agency National Flood Insurance Program ELEVATION CERTIFICATE Important: Follow the instructions on pages 1-9. Attachment 2 OMB No. 1660-0008 -Expiration Date: November 30, 2018 Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner. SECTION A — PROPERTY INFORMATION FOR INSURANCE COMPANY USE Al. Building Owner's Name PURDY AVE LLLP Policy Number: A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 1801 Purdy Avenue Company NAIC Number City State ZIP Code Miami Beach Florida 33139-1452 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) The W. 1/2 of Lots 1, 2 and 3, in Block 14, The Alton Beach Realty Company's Plat of Island View Subdivision, PB. 6, PG. 115, M.D.C.R A4. Building Use (e.g., A5. Latitude/Longitude: A6. Attach at least A7. Building Diagram A8. For a building a) Square footage b) Number of permanent c) Total net area d) Engineered A9. For a building with a) Square footage b) Number of permanent c) Total net area d) Engineered Residential, Non -Residential, Addition, Lat. 25° 47' 37.15" N Long. 80° Accessory, etc.) Non -Residential 08' 39.55" W Horizontal Datum: obtain flood insurance. 1.0 foot above adjacent above adjacent grade NAD 1927 grade © NAD 1983 0 2 photographs of the building if the Number 1A Certificate is being used to 0 sq ft with a crawlspace of crawlspace flood of flood openings flood openings? an attached of attached flood of flood openings flood openings? or enclosure(s): or enclosure(s) openings in the crawlspace in A8.b 0 sq or enclosure(s) within in sq ft within 1.0 foot sq in 0 ❑ Yes © No garage: garage 0 openings in the attached garage in A9.b 0 Yes x No SECTION B — FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number 120651 City of Miami Beach B2. County Name Miami -Dade B3. State Florida B4. Map/Panel Number 12086C0317 B5. Suffix L B6. FIRM Index Date 09/11/2009 B7. FIRM Panel Effective/ Revised Date 09/11/2009 B8. Flood Zone(s) AE B9. Base Flood Elevation(s) (Zone A0, use Base Flood Depth) 8.0' B10. Indicate the source FIS Profile B11. Indicate elevation B12. Is the building Designation Date: of the Base Flood Elevation (BFE) ❑ Community Determined for BFE in Item B9: Coastal Barrier Resources data or base flood depth entered in Item B9: x FIRM datum used located in a • Other/Source: 1929 NAVD (CBRS) area OPA x NGVD System 1988 • Other/Source: or Otherwise Protected Area (OPA)? • Yes x No • CBRS FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 1 of 6 ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date -November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 1801 Purdy Avenue Policy Number: City State ZIP Code Miami Beach Florida 33139-1452 Company NAIC Number SECTION C — BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: ❑ Construction Drawings* %A new Elevation Certificate will be required when construction of the C2. Elevations — Zones A1—A30, AE, AH, A (with BFE), VE, V1—V30, V Complete Items C2.a—h below according to the building diagram specified Benchmark Utilized: C-100 Vertical • Building Under Construction* building is complete. (with BFE), AR, AR/A, AR/AE, AR/A1—A30, in Item A7. In Puerto Rico only, Datum: NGVD 1929 x Finished Construction AR/AH, AR/A0. enter meters. Indicate elevation datum used for the elevations x NGVD 1929 ❑ NAVD 1988 in items a) through h) below, • Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check a) Top of bottom floor (including basement, crawlspace, or enclosure floor) 4. 0 the measurement used. x feet ❑ meters b) Top of the next higher floor NSA x feet • meters c) Bottom of the lowest horizontal structural member (V Zones only) N/A x feet ❑ meters d) Attached garage (top of slab) N/A x feet ❑ meters e) Lowest elevation of machinery or equipment servicing the building N/A x feet ❑ meters (Describe type of equipment and location in Comments) f) Lowest adjacent (finished) grade next to building (LAG) 3. 29 x feet ❑ meters g) Highest adjacent (finished) grade next to building (HAG) 3, 92 x feet ❑ meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including N/A. x feet ❑ meters structural support SECTION D — SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized I certify that the information on this Certificate represents my best efforts to interpret the data statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. Were latitude and longitude in Section A provided by a licensed land surveyor'? ❑Yes x by law to certify elevation information. available. I understand that any false No ❑ Check here if attachments. Certifier's Name License Number Frank Paruas 6625 Place Seal Hera Title Professional Surveyor and Mapper Company Name FR Aleman and Associates, Inc Address 10305 NW 41 Street City State ZIP Code Miami Florida 33178 t Signature Date Telephone 11/16/2016 (305) 591-8777 Copy all pages Elevation ificate an all attachments for (1) community official, (2) insurance agent/company, and (3) building owner. Comments (including type of equipment and location, per C2(e), if applicable) Air Conditioning Units on the Roof. Crown of Road Elevation: 1.- West side of building along 18 Street Elev. 5.19'; 2.- Intersection of Purdy Ave and 18 Street Elev. 5.54'; 3. - North Side of building along Purdy Ave. Elev. 5.43' FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 2 of 6 ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 3O 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 1801 Purdy Avenue Policy Number: City State ZIP Code Miami Beach Florida 33139-1452 Company NAIC Number SECTION E — BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1—E5. If the Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B,and C. For Items E1—E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. El. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawlspace, or enclosure) is 0 0 © feet ❑ meters x above or ❑ below the HAG. ❑ above or ❑ below the LAG. 9 (see pages 1-2 of Instructions), b) Top of bottom floor (including basement, crawlspace, or enclosure) is © feet ❑ meters E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or the next higher floor (elevation C2.b in the diagrams) of the building is © feet ■ meters • above or ❑ below the HAG. E3. Attached garage (top of slab) is © feet ■ meters • above or ❑ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is © feet • meters • above or ❑ below the HAG. with the community's certify this information in Section G. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance floodplain management ordinance? In Yes ❑ No ❑ Unknown. The local official must SECTION F — PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA -issued or community -issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge. Property Owner or Owner's Authorized Representative's Name Address City State ZIP Code Signature Date Telephone Comments ❑ Check here if attachments. FEMA Form 086-0-33 (7/15) Replaces all previous editions, Form Page 3 of 6 ELEVATION CERTIFICATE OMB No. 1660-0008 Expiration Date: November 30, 2018- IMPORTANT: 015 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No, 1801 Purdy Avenue Policy Number: City State ZIP Code Miami Beach Florida 33139-1452 Company NAIC Number SECTION G — COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8—G10. In Puerto Rico only, enter meters. G1. ❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2 ❑ A community official completed Section E for a building located in Zone A (without a FEMA -issued or community -issued BFE) or Zone A0. G3. ❑ The following information (Items G4—G10) is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate of Compliance/Occupancy Issued G7. This permit has been issued for: ❑ G8. Elevation of as -built lowest floor (including of the building: G9. BFE or (in Zone AO) depth of flooding at the G10. Community's design flood elevation: ❑ feet New Construction • Substantial Improvement basement) II meters Datum building site: ■ feet MI meters Datum ■ feet • meters Datum Local Official's Name Title Community Name Telephone Signature Date Comments (including type of equipment and location, per C2(e), if applicable) ❑ Check here if attachments. FEMA Form 086-0-33 (7/15) Replace all previous editions. Form Page 4 of 6 BUILDING PHOTOGRAPHS ELEVATION CERTIFICATE See Instructions -for Item A6. OMB No. 1660-0008 Expiration Date: November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 1801 Purdy Avenue Policy Number: City State ZIP Code Miami Beach Florida 33139-1452 Company NAIC Number If using the Elevation Certificate to obtain NFfP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View' ; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than wit fit on this page, use the Continuation Page. Photo One Photo One Caption Building Front. Looking Northeast Photo Two Photo Two Caption Building West Side. Looking South. FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 5 of 6 _ELEVATION CERTIFICATE BUILDING PHOTOGRAPHS OMB No. 1660-0008 Continuation -Page— Expiration Date: November 30, 2018 IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 1801 Purdy Avenue Policy Number: City State ZIP Code Miami Beach Florida 33139-1452 Company NAIC Number If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. Photo One Photo One Caption Building South Side. Looking West. Photo Two Photo Two Photo Two Caption FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 6 of 6 Building Diagrams The following diagrams illustrate various types of buildings. Compare the features of the building being certified with the features shown in the diagrams and select the diagram most applicable. Enter the diagram number in Item A7, the square footage of crawlspace or enclosure(s) and the area of flood openings in square inches in Items A8.a-c, the square footage of -attached garage and the area of flood openings in square inches in Items A9:a-c, and the elevations in Items C2.a-h. In A zones, the floor elevation is taken at the top finished surface of the floor indicated; in V zones, the floor elevation is taken at the bottom of the lowest horizontal structural member (see drawing in instructions for Section C). DIAGRAM 1A All slab -on -grade single- and multiple -floor buildings (other than split-level) and high-rise buildings, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature - The bottom floor is at or above ground level (grade) on at least 1 side.* NEXT HIGHER FLOOR GRADE 0tetmin2d• ezistiig grade)" All single- and multiple -floor buildings with basement (other than split-level) and high-rise buildings with basement, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature - The bottom floor (basement or underground garage) is below ground level (grade) on all sides.* (iieterir iiredtip:• existing grade) "' DIAGRAM 1B All raised -slab -on -grade or slab -on -stem -wall -with -fill single- and multiple -floor buildings (other than split- level), either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature - The bottom floor is at or above ground level (grade) on at least 1 side.* NEXT HIGHER FLOOR GRADE :(de ortrit ed::t existing braan y• DIAGRAM 2B All single- and multiple -floor buildings with basement (other than split-level) and high-rise buildings with basement, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature - The bottom floor (basement or underground garage) is below ground level (grade) on all sides; most of the height of the walls is below ground level on all sides; and the door and area of egress are also below ground level on all sides.* (determined -by;. `existing gimme}. " A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes, or as an office, garage, workshop, etc. NFIP Elevation Certificate Instructions - Page 7 of 9 Building Diagrams DIAGRAM 3 All split-level buildings that are slab -on -grade, either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature - The bottom floor (excluding garage) is at or above ground level (grade) on at least 1 side.* DIAGRAM 5 All buildings elevated on piers, posts, piles, columns, or parallel shear walls. No obstructions below the elevated floor. Distinguishing Feature — For all zones, the area below the elevated floor is open, with no obstruction to flow of floodwaters (open lattice work and/or insect screening is permissible). NEXT HIGHER FLOOR ELEVATED FLOOR GRADE / \✓ \./ (deferrllined e'y existing grade) (For V zones only) DIAGRAM 4 All split-level buildings (other than slab -on -grade), either detached or row type (e.g., townhouses); with or without attached garage. Distinguishing Feature - The bottom floor (basement or underground garage) is below ground level (grade) on all sides.* HIGHER FLOORS BOTTOM FLOOR (BASEMENT) _ NEXT HIGHER FLOOR [dptie{rnined,:by existing grade) DIAGRAM 6 All buildings elevated on piers, posts, piles, columns, or parallel shear walls with full or partial enclosure below the elevated floor. Distinguishing Feature — For all zones, the area below the elevated floor is enclosed, either partially or fully. In A Zones, the partially or fully enclosed area below the elevated floor is with or without openings** present in the walls of the enclosure. Indicate information about enclosure size and openings in Section A — Property Information. NEXT HIGHER FLOOR GRADE Determine enclosure size & openings. if any. fds e'rriiined'by existing grade) (For V zones only) * A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes, or as an office, garage, workshop, etc. ** An 'opening" is a permanent opening that allows for the free passage of water automatically in both directions without human intervention. Under the NFIP, a minimum of 2 openings is required for enclosures or crawlspaces. The openings shall provide a total net area of not less than 1 square inch for every square foot of area enclosed, excluding any bars, louvers, or other covers of the opening. Alternatively, an Individual Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES) must be submitted to document that the design of the openings will allow for the automatic equalization of hydrostatic flood forces on exterior walls. A window, a door, or a garage door is not considered an opening; openings may be installed in doors. Openings shall be on at (east 2 sides of the enclosed area. If a building has more than 1 enclosed area, each area must have openings to allow floodwater to directly enter. The bottom of the openings must be no higher than 1.0 foot above the higher of the exterior or interior grade or floor immediately below the opening. For more guidance on openings, see NFIP Technical Bulletin 1. NFIP Elevation Certificate Instructions - Page 8 of 9 Building Diagrams DIAGRAM 7 AH buildings elevated on full -story foundation walls with a partially or fully enclosed area below the elevated floor. This includes walkout levels, where at least 1 side is at or above grade. The principal use of this building is located in the elevated floors of the building. Distinguishing Feature — For all zones, the area below the elevated floor is enclosed, either partially or fully. In A Zones, the partially or fully enclosed area below the elevated floor is with or without openings** present in the walls of the enclosure. Indicate information about enclosure size and openings in Section A — Property Information. DIAGRAM 8 All buildings elevated on a crawlspace with the floor of the crawlspace at or above grade on at least 1 side, with or without an attached garage. Distinguishing Feature — For all zones, the area below the first floor is enclosed by solid or partial perimeter walls. In all A zones, the crawlspace is with or without openings** present in the walls of the crawlspace. Indicate information about crawlspace size and openings in Section A — Property Information. DIAGRAM 9 All buildings (other than split-level) elevated on a sub - grade crawlspace, with or without attached garage. Distinguishing Feature — The bottom (crawlspace) floor is below ground level (grade) on all sides.* (If the distance from the crawlspace floor to the top of the next higher floor is more than 5 feet, or the crawlspace floor is more than 2 feet below the grade [LAG] on all sides, use Diagram 2A or 2B.) * A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes, or as an office, garage, workshop, etc. ** An "opening" is a permanent opening that allows for the free passage of water automatically in both directions without human intervention. Under the NFIP, a minimum of 2 openings is required for enclosures or crawlspaces. The openings shall provide a total net area of not less than 1 square inch for every square foot of area enclosed, excluding any bars, louvers, or other covers of the opening. Alternatively, an Individual Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES) must be submitted to document that the design of the openings will allow for the automatic equalization of hydrostatic flood forces on exterior walls. A window, a door, or a garage door is not considered an opening; openings may be installed in doors. Openings shall be on at least 2 sides of the enclosed area. If a building has more than 1 enclosed area, each area must have openings to allow floodwater to directly enter. The bottom of the openings must be no higher than 1.0 foot above the higher of the exterior or interior grade or floor immediately below the opening. For more guidance on openings, see NFIP Technical Bulletin 1. NFIP Elevation Certificate Instructions — Page 9 of 9 Alistata You're in good hands, January 5, 2017 1801 Purdy LI.C. D13A Sardinia Enoteca Ristorante 1801 Purdy Avenue Miami Beach. FL 33139 Our Insured: Date of Loss: Claim Nu mber- Loss Location: 1801 Purdy LLC, DBA Sardinia Enoteca Ristorante 10/03/2016 0431696573 1801 Purdy Avenue Miami Beach, FL 33139 Dear 1801 Purdy LLC. D13A Sardinia Enoteca Ristorante: Attachment 3 We arc writing to you in regard to the claim you have submitted under your National Flood insurance Policy 14800433051. Please find enclosed, for your records, a copy of the engineering report by Donan Engineering Co., Inc. If youwould like to discuss this matter funkier, please call Glen Kimberlin at 866-450-9095, L'xt, 8545. Mr. Kimberlin will be happy to address any questions and/or concerns you may have. By this letter, 'c do not intend to v.aive or relinquish any of our rights or defenses, either listed or unlisted, under this policy of insurance. Sincerely, Calms Department Allstate Insurance Company Gulf Coast Flood MCO Enclosure: ljsn Allstate Insurance Company P.O. Box 9880 Mobile, AL 36691 T 888.202.3716 F 877292.9527 John C. 004411, Jr., P.E. Chairman of the Board J. Lyle Donan, P.E. President, CEO December 16, 2016 Mr. Brad Taylor Allstate Insurance Company 1020 Downtowner Boulevard Mobile, Alabama 36609 DONAN' RE: Mr. Tony Gallo Purdy LLC DBA Sardinia Enoteca Ristorante 1801 Purdy Avenue, Miami Beach, Florida 33139 Claim Number: 431696573 Donan Project Number: 35-16110673-0 Dear Mr. Taylor: CORRESPOND TO: Donan Engineering Co., inc. 12450 Lake Station Place Louisville, Kentucky 40299 800-482-5611 502-267-6976 fax At your request, on November 23, 2016, a study was made on the restaurant at the above -referenced address, The purpose of the study was to deteituine whether the lowest occupied level of the building is below grade on all sides. Mr. Tony Gallo was present to point out areas of concern and to provide firsthand information. This letter, with the enclosed photographs, is the report of my findings and conclusions. Description of Property For purposes of this report, the restaurant is considered to face west toward Purdy Avenue (Photograph 1). The restaurant is a bi-level-style, concrete masonry unit (CMU) structure over a concrete slab -on -grade foundation. The exterior walls are covered with a cementitious finish. According to the Miami - Dade County Property Appraiser website, the building was constructed in 1940 and was last sold in 2005. FRE COMPONE%! INVESTIGATI311 TESTING uTicoicti • *owe nPPORT Allstate Insurance Company Claim Number: 431696573 December l6, 2016 Page 2 Summary of Observations Elevations at the building were checked using a ZipLevel.' The base unit was set to 0 at the restaurant entrance threshold at the southwest exterior comer of the building, and the elevation difference for other parts of the restaurant were measured using the handheld unit. The exterior of the building is surrounded by concrete slabs on three sides and an adjacent building to the north. An elevated sidewalk is along the west and south face of the building. The building is divided into two sections; the subject restaurant occupies approximately the south one-half of the building. For the purposes of this report, grade is considered the point immediately adjacent to the exterior side of the exterior wall. Grade along the west exterior wall of the building is between 0.0 and 0.9 inch. Grade along the south exterior wall is between 0.0 and 8.1 inches. Grade along the east exterior wall ranges from 8.1 to 5,6 inches. The elevation at the restaurant foyer is 0.5 inch. A ramp leads to the interior dining area, which has an elevation of 7.1 inches. The interior floor elevations at the northwest, northeast corner, and southeast corners are 9.5, 11.9, and 8.4 inches, respectively. A ZipLevel is a hydrostatic altimeter that measures the difference in elevation between a temporary benchmark (as set by the handheld unit) and the handheld unit. Positive numbers indicate elevations above the benchmark, and negative numbers indicate elevations below the benchmark. donan.co —Allstate insurance Company Claim Number: 431696573 December 16, 2016 Page 3 Street Street Figure 1: Building Layout with Measurements (not to scale) Summary of Conclusions In summary, based on what is known at this time, I am of the opinion that: • The interior finished floor elevation is above grade on all sides when considering the grade to be the point adjacent to the exterior wall. • The sidewalk area is above the elevation of the interior floor. donan.com Alistaielusurauc-e Company Claim Number: 431696573 December 16, 2016 Page 4 This report is based on relevant information known to Donan at the time the report is issued. Donan reserves the right to amend or supplement this report if additional relevant information becomes available. We appreciate your confidence in our professional services. Sincerely. DONAN ENGINEERING CO., INC. 12450 Lake Station Place Louisville, Kentucky 40299 Florida COA 28374 Jose 0 NrytmalytOtfooilvy Jora. 01444.* at: CAM, 0.14toranag xass 1.1,414141.4 tmovoual. Nom. 13 n 0,D7 znAtt,SJ tIrryacijcl S.1401V/MOONISIEEA0180000A10 er".. Z'4,1Z,14 tota Jose 0, Nunez, P.E. Forensic Engineer Florida P.E.: 72431 Expires: February 28, 2017 This item has been electronically signed and sealed by Jose 0. Nunez, P.E., on December 16, 2016, using a Digital Signature. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies, donan,corn Allstate insurance Conpany Claim Number: 431696573 December 16, 2016 Page 5 Photograph 1: Aerial view. Photograph 2: Building exterior(looking north). donan.com Alistate Insurance Company Claim Number: 431696573 December 16, 2016 Page 6 Photograph 3: Building exterior, northwest corner. Photograph 4: Building exterior (looking west). donan.com Allstate Insurance Company Claim Number; 431696573 December 16, 2016 Page 7 Photograph 5: Building exterior, east face (looking north). Photograph 6: Elevation at southwest corner. donan.corn Allstate Insurance Company Claim Number: 431696573 December 16, 2016 Page 8 Photograph 7: Elevation ong west race. ;•- Photograph 8: Elevation at northwest corner. donan.com Allstate Insurance Company Claim Number: 431696573 December 16, 2016 Page 9 Photograph 9: Elevation at doorway along south face. Photograph 10: Elevation at utheam corner. donan.c orn —Allstate Insurance Company Claim Number: 431696573 December 16, 2016 Page 10 Photograph 11: Interior room entrance and dining room floor, donan.com Attachment 4 National Flood Insurance Program (NFIP) The Flood Claim Process Once you report a loss an adjuster is assigned to assist you with your claim. The adjuster will work with you to reach an agreed amount for the covered loss. The adjuster will also scope the damage and provide an estimate of the covered flood damage and a proof of loss form to you for signature. It is important to know that once you sign the proof of loss form, there is still an opportunity to work with your insurance carrier if you find additional flood damage or if you have a request for additional payment under your claim. The estimate, proof of loss form, and other supporting documentation comprise the Proof of Loss, which is required before your claim can be paid. If you disagree with your adjuster's estimate of damage, the following guidance outlines the effort to develop the Proof of Loss, to reach an agreed -to loss settlement amount, and/or to fully explain to you any damage that is not covered under the terms and conditions of your Standard Flood Insurance Policy (SFIP). It is also important to note that even though the adjuster offers assistance to you with your claim, the responsibility to promptly report your loss, timely submit the Proof of Loss and the payment amount requested, is solely yours as stated within the SFIP at Section VII. General Conditions, paragraph (J) "Requirements of Case Loss". STEP 1: Report the loss to your insurance agent or the insurance carrier, who will in turn assign an adjusting firm who provides an adjuster to assist you with presenting the support for your loss. STEP 2: The adjuster inspects the property (scoping visit) and may ask if you wish to request an advance payment from your insurer; the adjuster will send you a detailed room -by -room unit -cost estimate of damage and a proof of loss form. If you agree, the proof of loss form should be signed to and sworn to, and upon your insurer's review and agreement, the loss is settled. STEP 3: If you do not agree, you should work with your adjuster to find a dollar amount for the covered loss that can be agreed on. Also, working with your general contractor is also helpful. STEP 4: If you are unable to reach an agreement with the adjuster, you should contact your adjuster's supervisor by calling the adjusting fi rm. STEP 5: The supervisor should work with you to find a dollar amount for the covered loss that can be agreed on. STEP 6: If you are unable to reach an agreement with the adjuster's supervisor, you should contact your insurance carrier's claims department to discuss the amount difference or coverage issue with a claim examiner. STEP 7: If you are unable to reach an agreement with the claim examiner, you should complete a proof of loss form for the total amount you are requesting (the undisputed amount plus any additional amount), and then send the signed and sworn -to proof of loss form with documentation to support the additional amount you are requesting, directly to the insurance carrier claim examiner. STEP 8: If the insurer agrees with your documentation, they will pay the amount you are requesting; or they may provide the adjusting firm with their recommendation which may lead to an additional payable amount and a new Proof of Loss. If the insurer disagrees, they will issue payment for any undisputed amount, and a written denial letter will be sent to you fully explaining the reasons for the disallowance (denial) of your claim or any portion of your claim. STEP 9: If you agree with the denial or no longer dispute the decision, the loss is settled. STEP 10: For any denial of payment, in whole or in part, which you are disputing, three options remain: • You may send an amended Proof of Loss with supporting documentation back to the claim examiner; see STEP 8 • You may submit a formal Appeal to FEMA ➢ A written Appeal letter must be sent to FEMA within 60 days of your insurer's denial letter, along with a copy of the denial letter and the documentation you have to support your Appeal. • You may file a lawsuit against your insurer ➢ A lawsuit must be filed within one year of your insurer's first written denial letter and only in U.S. District Court in the district where the property is located at the time of the loss ➢ However, once you file a lawsuit, you may no longer appeal your claim to FEMA or file an amended Proof of Loss with your insurer ' FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards." January 2016