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Resolution 2021-31815 RESOLUTION NO, 2021-31815 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B) OF THE CITY CODE, FINDING THAT THE CRITERIA FOR GRANTING A REVOCABLE PERMIT PURSUANT TO SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, FOLLOWING THE PUBLIC WORKS DEPARTMENT'S REVIEW AND RECOMMENDATION TO GRANT THE REVOCABLE PERMIT REQUEST AS SET FORTH IN THE COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, AND HEREBY APPROVING A REVOCABLE PERMIT REQUEST BY 224 2ND STREET, LLC FOR THE PROPERTY LOCATED AT 224 2"D STREET, MIAMI, FOR THE INSTALLATION OF A RAISED SIDEWALK ALONG 2'D STREET BETWEEN WASHINGTON AVENUE AND COLLINS COURT WITHIN THE CITY'S RIGHT-OF-WAY, CONTAINING APPROXIMATELY 948 SQUARE FEET (9.6' X 98.3'), AND TO ADD HANDRAILS AND TWO SETS OF STEPS FROM GRADE TO THE RAISED SIDEWALK ELEVATION FOR MID-BLOCK PEDESTRIAN ACCESS TO THE MAIN ENTRANCE; AND FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVOCABLE PERMIT. WHEREAS, 224 2nd Street, LLC. ("Applicant") is requesting a revocable permit, in connection with the property located at 224 2nd Street, Miami Beach ("Property"), to allow the installation of a raised sidewalk along 2nd Street between Washington Avenue and Collins Court within the City's right-of-way, containing approximately 948 square feet (9.6' x 98.3') which sidewalk slopes up to the finished floor elevation of the property's main entrance, and to add handrails and two sets of steps from grade to the raised sidewalk elevation for mid-block pedestrian access to the main entrance; and WHEREAS, the Property is located in the southeast corner of the intersection of Washington Avenue and 2nd Street; and WHEREAS, the Miami-Dade County Property Appraiser identifies the property with Folio No. 02-4203-003-1250; and WHEREAS, the lot area is approximately 6,500 square feet (0.15 acres) in size; and WHEREAS, the Property is zoned as Limited Mixed-Use Commercial "C-PS1", and is also located within the Ocean Beach Local Historic District; and WHEREAS, the surrounding uses include: a residential apartment to the west across Washington Avenue, a Washington Park located to the north across 2nd Street, a City-owned dog park to the east across the alley, and a City-owned surface parking lot is adjacent to the property to the south; and WHEREAS, pursuant to Section 82-93(a) of the City Code, the City's Public Works Department set a date for a public hearing on the request notices of the public hearing and have mailed notices to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing; and WHEREAS, pursuant to Section 82-94 of the City Code, the City Commission shall review the revocable permit requests and determine whether the request shall be granted or denied following the public hearing; and WHEREAS, in order to grant a revocable permit, the Mayor and City Commission shall make an affirmative finding with respect to each of the criteria set forth below: 1. That the applicant's need is substantial; 2. That the applicant holds title to the abutting property; 3. That the proposed improvements comply with applicable codes, ordinances, regulations, neighborhood plans and laws; 4. That the grant of such permit will have no adverse effect on governmental/utility easements and uses on the city property; 5. That the grant of the revocable permit will enhance the neighborhood and/or community with such amenities as, for example, but without limiting the foregoing, enhanced landscaping, improved drainage, improved lighting, improved security, and/or public benefits proffered by the applicant; 6. That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district; and 7. That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare; and WHEREAS, the City's Public Works Department has analyzed the criteria contained in Sections 82-94; a summary of the Public Works Department's review and recommendation to grant the revocable permit request is set forth in the Commission Memorandum accompanying this Resolution, which Memorandum is incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, following a duly noticed public hearing, as required pursuant to Section 82-93(b) of the City Code, finding that the criteria for granting a revocable permit pursuant to Section 82-94 of the City Code has been satisfied, following the Public Works Department's review and recommendation to grant the revocable permit request as set forth in the Commission Memorandum accompanying this Resolution, the Mayor and City Commission hereby approve a revocable permit request by 224 2"d Street, LLC for the property located at 224 2nd Street, Miami, for the installation of a raised sidewalk along 2nd Street between Washington Avenue and Collins Court within the City's right-of-way, containing approximately 948 square feet(9.6' x 98.3'), and to add handrails and two sets of steps from grade to the raised sidewalk elevation for mid-block pedestrian access to the main entrance; and further, authorizing the City Manager to execute the revocable permit. / PASSED and ADOPTED this ag day of �ul t/ , 2021. DA GELBER, AYOR ATTEST: _ APPROVED AS TO `M� B E/2-/Z_Q I , FORM& LANGUAGE &FOR EXECUTION RAFA L E. GRANADO, CITY CLERK i tINCORPJORATED I Nof Oly Attorney % Date •'g_ I 2 `-, R�.H.2... 1 Resolutions - R7 0 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 28, 2021 2:20 p.m. Public Hearing SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B), FINDING THAT THE CRITERIA SET FORTH IN SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, AND APPROVING A REVOCABLE PERMIT REQUEST BY 224 2ND STREET, LLC (THE "APPLICANT" AND "OWNER") FOR THE PROPERTY LOCATED AT 224 2ND STREET, MIAMI BEACH (THE "PROPERTY") TO ALLOW THE INSTALLATION OF A RAISED SIDEWALK ALONG 2ND STREET BETWEEN WASHINGTON AVENUE AND COLLINS COURT WITHIN THE CITY'S RIGHT-OF-WAY, CONTAINING APPROXIMATELY 948 SQUARE FEET (9.6' X 98.3'), WHICH SIDEWALK SLOPES UP TO THE FINISHED FLOOR ELEVATION OF THE PROPERTY'S MAIN ENTRANCE, AND ADDING HANDRAILS AND TWO SETS OF STEPS FROM GRADE TO THE RAISED SIDEWALK ELEVATION FOR MID-BLOCK PEDESTRIAN ACCESS TO THE MAIN ENTRANCE; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. RECOMMENDATION The Administration recommends approving the revocable permit. BACKGROUND/HISTORY 224 2"d Street, LLC. ("Applicant" and "Owner")of the property located at 224 2"d Street, Miami Beach, is requesting a revocable permit to allow the installation of a raised sidewalk along 2nd Street between Washington Avenue and Collins Court within the City's right-of-way, containing approximately 948 square feet (9.6' x 98.3'), which sidewalk slopes up to the finished floor elevation of the property's main entrance, and adding handrails and two sets of steps from grade to the raised sidewalk elevation for mid-block pedestrian access to the main entrance. The Property is located in the southeast corner of the intersection of Washington Avenue and 2nd Street. The Miami-Dade County Property Appraiser identifies the Property with Folio No. 02-4203-003-1250. The lot area is approximately 6,500 square feet (0.15 acres) in size. The Property is zoned Limited Mixed-Use Commercial "C-PS1" and is also located within the Ocean Beach Local Historic District. Page 1602 of 2012 The surrounding uses include: a residential apartment to the west across Washington Avenue, a Washington Park located to the north across 2nd Street, a City-owned dog park to the east across the alley, and a City-owned surface parking lot is adjacent to the property to the south. On July 11, 2017, the City's Historic Preservation Board ("HPB") approved a Certificate of Appropriateness ("COA") for partial demolition and renovation of the existing site, construction of a 1-story addition, and a waiver for off-site loading. The intent of the previous owner was to reuse the property for a restaurant. More recently, on July 9, 2019, the HPB approved a modification of the COA for alterations of the prior design for function of the school use, and construction of an addition to the structures for additional classroom space, HPB19-0298 a.k.a. HPB 17-0122. The Property is currently under renovation in accordance with the modified COA. ANALYSIS Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing. Public Works has analyzed the criteria contained in Sections 82-94. Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied based upon the following criteria: •The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to construct an improved, raised sidewalk to the proposed new school entrance. Given the fact that the existing structure is classified as a contributing building within a local historic district, raising the sidewalk is the only reasonable method to make the entrance of the school accessible. There is not sufficient space within the existing for ramping and the existing condition of the abutting sidewalk on 2nd Street is not pleasant for parents with strollers or young children. Additionally, the success of the new schools relies, in part, on providing improved access to the existing structure. Therefore, the proposed sidewalk improvements with railings and proper sloping is critical. The sidewalk complies with all City regulations and provides the necessary access to make this a successful site. • The Applicant holds title to an abutting property. The Owner is the Applicant for the revocable permit and holds title to the Property. • The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The proposed sidewalk will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the Planning Board (PB) and HPB approvals. The Applicant has requested a revocable permit to ensure that sidewalk complies with the applicable regulations. • The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to improve the Property with the Page 1603 of 2012 approved design and use. The sidewalk will be installed at an appropriate height, which will permit pedestrian access to the Property and does not obstruct the abutting right of way. The new sidewalk will have no adverse effect on governmental/utility easements and uses on the Property. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed encroachment will allow for the use and design of the Property as approved by the PB and the HPB. The Applicant has gone through great lengths to preserve much of the existing contributing structures on this site, which will maintain the character of the existing structure. Additionally, the Applicant is providing public benefits that are compatible with the highly pedestrian environment and proposed use. Overall, approval of the revocable permit will beautify the sidewalk and make it functionally appropriate and safe. Sidewalk improvements will directly enhance the neighborhood with enhanced landscaping and improved drainage, as well as improved safety • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owners within the City can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. • That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon the Property and a favorable use in the neighborhood, while providing accessibility for the students and parents of the school. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey related to perception satisfaction of the City show that 79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to live; and 70% were very satisfied/satisfied with the overall image of the City. In order to continue maintaining excellent standards in this area, the City intends to approve the revocable permit. CONCLUSION The Administration recommends approving the revocable permit. Applicable Area South Beach Page 1604 of 2012 Is this a "Residents Right Does this item utilize G,O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Prosperity- Revitalize targeted areas and increase investment. Legislative Tracking Public Works ATTACHMENTS: Description ❑ RWP0421-7301 Letter of Intent ❑ DRAFT Reso ❑ RWP0421-7301 Revocable Permit Application ❑ RWP0421-7301 Permit Plans ❑ RWP0421-7301_Title Policy ❑ Updated Sketch and Legal Page 1605 of 2012 June 16, 2021 BERCOWLLLVIA ELECTRONIC DELIVERY FERNANDEZ LARKIN .41 TAPANES ,.ND�,SFAND Mr. Eric Carpenter, Interim Director Public Works Department City of Miami Beach 200 S.Biscayne Boulevard 1700 Convention Center Drive, 4th Floor Suite 300,Miami,FL 33131 Miami Beach, Florida 33139 www.brzoninglaw.com Re: RWP0421-7301 Revocable Permit Request for 224 2nd Street 305.377.6231 office 305.377.6222 fax Dear Mr. Carpenter: m larki n@brzoninglaw.com This law firm represents 224 2nd Street, LLC (the "Applicant"), owner of the property located at 224 2nd Street ("Property") in the City of Miami Beach ("City"). The Applicant is seeking approval of a Revocable Permit, RWP0421-7301, to allow certain necessary safety and accessibility encroachments within the abutting sidewalk on 2nd Street. This request is in compliance with development approvals granted by the Planning Board ("PB") and Historic Preservation Board ("HPB"), and the permit plans review and approved by the City Public Works Department. Property Description. The Property is located on the southeast corner of the intersection of Washington Avenue and 2nd Street. The Miami-Dade County Property Appraiser identifies the Property with Folio No. 02-4203-003-1250. See Exhibit A, Property Appraiser Summary Report. The lot area is approximately 6,500 square feet (0.15 acres) in size. The Property is zoned Limited Mixed-Use Commercial "C-PS1" and is also located within the Ocean Beach Local Historic District. The surrounding uses include: a residential apartment to the west across Washington Avenue; Washington Park is located to the north across 2nd Street; City-owned dog park is to the east across the alley, and a City-owned surface parking lot is adjacent to the Property to the south. Page 1606 of 2012 Eric Carpenter, Interim Director Page 2 Approved Development. On July 11, 2017, the City's Historic Preservation Board ("HPB") approved a Certificate of Appropriateness ("COA") for partial demolition and renovation of the existing site, construction of a 1-story addition, and a waiver for off-site loading. The intent of the previous owner was to reuse the Property for a restaurant. More recently, on July 9, 2019, the HPB approved a modification of the COA for alterations of the prior design for function of the school use, and construction of an addition to the structures for additional classroom space, HPB19-0298 a.k.a. HPB 17-0122. See Exhibit B, HPB Supplemental Order. The Property is currently under renovation in accordance with the modified COA. Satisfaction of the Revocable Permit Criteria. The City Code of Ordinances (the "Code") provides that a revocable permit is required for any proposed encroachments in the public right of way. The Applicant satisfies the revocable permit criteria stated in Section 82-94 of the Code as follows: • The Applicant's need is substantial. The Applicant respectfully requests the revocable permit in order to construct an improved, raised sidewalk to the proposed new school entrance. Given the fact that the existing structure is classified as a contributing building within a local historic district, raising the sidewalk is the only reasonable method to make the entrance of the school accessible. There is not sufficient space within the existing for ramping and the existing condition of the abutting sidewalk on 2nd Street is not pleasant for parents with strollers bring or young children. Additionally, the success of the new schools relies, in part, on providing improved access to the existing structure. Therefore, the proposed sidewalk improvements with railings and proper sloping is critical. The sidewalk complies with all City regulations and provides the necessary access to make this a successful site. • The Applicant holds title to an abutting property. The Applicant for the revocable permit and holds title to the Property. • The proposed improvements will comply with applicable codes, ordinances, regulations, neighborhood plans and laws. The proposed sidewalk will comply with applicable codes, ordinances, regulations, neighborhood plans and laws, as evidenced by the PB and HPB approvals. The Applicant has requested a revocable permit to ensure that sidewalk complies with the applicable regulations. Bercow RadeII Fernandez Larkin&Tapanes(305 377 6231 direct 305.377.6222 fax mlarkin@brzoninglaw.com Page 1607 of 2012 Eric Carpenter, Interim Director Page 3 • The grant of the application will have no adverse effect on governmental/utility easements and uses on the property. The grant of the revocable permit will allow the Applicant to improve the Property with the approved design and use. The sidewalk will be installed at an appropriate height, which will permit pedestrian access to the Property and does not obstruct the abutting right of way. The new sidewalk will have no adverse effect on governmental/utility easements and uses on the Property. • That the grant of the revocable permit will enhance the neighborhood and/or community by such amenities as, for example, enhanced landscaping, improved drainage, improved lighting, and improved security. The proposed encroachment will allow for the use and design of the Property as approved by the PB and the HPB. The Applicant has gone through great lengths to preserve much of the existing contributing structures on this site, which will maintain the character of the existing local historic. Additionally, the Applicant is providing public benefits that is compatible with the highly pedestrian environment and proposed use. Overall, approval of the revocable permit will beautify the sidewalk and make it functionally appropriate and safe for the new of the Property. Side walk improvements will directly enhance the neighborhood with enhanced landscaping and improved drainage, as well as improved safety. • That granting the revocable permit requested will not confer on the applicant any special privilege that is denied by this article to other owner of land, structures or buildings subject to similar conditions located in the same zoning district. Granting the revocable permit will not confer any special privilege upon the Applicant. Any property owner within the City can apply for a revocable permit provided that the application meets the criteria stated in the Code, does not interfere with the utilization of public property, and enhances the community. • That granting the revocable permit will be in harmony with the general intent and purpose of this article, and that such revocable permit will not be injurious to surrounding properties, the neighborhood, or otherwise detrimental to the public welfare. Granting the revocable permit will not devalue any of the adjacent properties and will not have a detrimental effect on the public welfare. In fact, it will allow for an improved design upon Bercow Radell Fernandez Larkin&Tapanes 130eg@7 6231 doirfechy.377.6222 fax I mlarkin'brzoninglaw.com Eric Carpenter, Interim Director Page 4 the Property and a favorable use in the neighborhood, while providing accessibility for the students and parents of the school. Conclusion. Approval of this revocable permit application is necessary to successfully operate a private school at the Property. The sidewalk improvements will directly enhance the walkability of this portion of 2nd Street. We respectfully request your recommendation of approval for the revocable permit to allow the PB an HPB approved use and design for this charming contributing Property in a local historic district. As always, we look forward to your review. Should you have any questions, please do not hesitate to contact me at (305) 377-6231. Sincerely, Michael W. Larkin Enclosures CC: Emily K. Baiter Bercow Radell Fernandez Larkin&Tapanes F 7. 6o1 r 20105 377.6222 fax;mlarkin@brzoninglaw.com �_- OF THE PROPERTY APPRAISER - OFFICE Summary Report Generated On:6/16/2021 Property InformationU __ y r 2 Folio: 02-4203-003-1250 ..' 1 .i.. Was n g i .J 224 2 ST = ...I 44. Property Address: , - 4 OaExt) - 0 Miami Beach,FL 33139-7214 - - 4._ i - U Owner 224 2ND STREET LLC SISt 120 OCEAN DR STE 1000 Mailing Address 2ND ST MIAMI BEACH, FL 33139 USA _ * . PA Primary Zone 6502 COMMERCIAL :. =,_i -i-�Ys W 1209 MIXED USE- 1�k_=_,,• _.` 7 Li > -� Primary Land Use STORE/RESIDENTIAL:MIXED USE ,...1 �i t? i -RESIDENTIAL i , I-5) _ J Beds/Baths/Half 4/4/0 0 Floors 1 -NII WZ _ A Living Units 4 j -(I �-- = N Actual Area Sq.Ft - . 4 1 ►i-- LivingArea Sq.Ft i I, t-; ', ,Jr".� Adjusted Area 4,987 Sq.Ft Taxable Value Information Lot Size 6,500 Sq.Ft 2020 2019 2018 Year Built Multiple(See Building Info.) County Assessment Information Exemption Value $0 $0 $0 Taxable Value $3,526,940 $3,517,269 $3,500,000 Year 2020 2019 2018 School Board Land Value $3,250,000 $3,250,000 $2,600,000 Exemption Value $0 $0 $0 Building Value $270,730 $260,969 $900,000 Taxable Value $3,526,940 $3,517,269 $3,500,000 XF Value $6,210 $6,300 $0 - —— — City Market Value $3,526,940 $3,517,269 $3,500,000 Exemption Value $0 $0 $0 Assessed Value $3,526,940 $3,517,269 $3,500,000 Taxable Value $3,526,940 $3,517,269 $3,500,000 Benefits Information Regional Exemption Value $0 $0 $0 Benefit Type 2020 2019 2018 Taxable Value $3,526,940 $3,517,269 $3,500,000 Note:Not all benefits are applicable to all Taxable Values(i.e.County,School Board,City, Regional). Sales Information Short Legal DescriptionPrevious OR OCEAN BEACH FLA SUB PB 2-38 Sale Price Book- Qualification Description Page LOT 16 BLK 9 LOT SIZE 50.000 X 130 01/18/2019 $4,800,000 31305- Qual by exam of deed OR 21245-2166-67 05/03 5 4169 03/31/2017 $4,150,000 30491- Qual by exam of deed 1622 08/23/2013 $2,150,000 28792- Qual by exam of deed 3696 05/01/2003 $0 00000- Sales which are disqualified as a result of 00000 examination of the deed The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property Appraiser and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http:llwww.miamidade.gov/info/disclaimer.asp Version: Page 1610 of 2012 CFN:20190473053 BOOK 31545 PAGE 3492 DATE:07/29/2019 11:25:44 AM HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY HISTORIC PRESERVATION BOARD City of Miami Beach, Florida MEETING DATE: July 9, 2019 FILE NO: HPB19-0298 a.k.a. HPB 17-0122 PROPERTY: 224 2"d Street APPLICANT: 224 2"d Street, LLC LEGAL: Lots 11 & 12, Block 6 of Ocean Beach Florida, according to the plat thereof, as recorded in Plat Book 2, Page 38, of the Public Records, of Miami-Dade County, Florida. IN RE: An application for modifications to a previously issued Certificate of Appropriateness for the partial demolition and renovation of the existing 1 and 2-story buildings on the site and the construction of an attached 1-story addition. Specifically, the applicant is requesting design modifications including the construction of an additional attached addition. SUPPLEMENTAL ORDER The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: I. Certificate of Appropriateness A. The subject site is located within the Ocean Beach Local Historic District. B. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the project as submitted: 1. Is not consistent with Sea Level Rise and Resiliency Review Criteria (1) in Section 133-50(a) of the Miami Beach Code. 2. Is consistent with the Certificate of Appropriateness Criteria in Section 118-564(a)(1) of the Miami Beach Code. 3. Is consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(2) of the Miami Beach Code. 4. Is consistent with Certificate of Appropriateness Criteria in Section 118-564(a)(3) of the Miami Beach Code. Page 1611 of 2012 CFN: 20190473053 BOOK 31545 PAGE 3493 Page 2 of 4 HPB19-0298 Meeting Date: July 9, 2019 5. Is not consistent with Certificate of Appropriateness Criteria 'b', 'c' & `e' for Demolition in Section 118-564(0(4) of the Miami Beach Code. C. The project would be consistent with the criteria and requirements of section 118-564 if the following conditions are met: 1. Revised elevation, site plan and floor plan drawings shall be submitted and, at a minimum, such drawings shall incorporate the following: a. Final details of all exterior surface finishes and materials, including samples, shall be submitted, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. In accordance with Section 118-537, the applicant, the owner(s) of the subject property, the City Manager, Miami Design Preservation League, Dade Heritage Trust, or an affected person may appeal the Board's decision on a Certificate of Appropriateness to a special master appointed by the City Commission. II. Variance(s) A. No variances were filed as a part of this application. III. General Terms and Conditions applying to both `I. Certificate of Appropriateness'and 'II. Variances' noted above. A. A copy of all pages of the recorded Supplemental Final Order shall be scanned into the plans submitted for building permit, and shall be located immediately after the front cover page of the permit plans. B. The Supplemental Final Order shall be recorded in the Public Records of Miami-Dade County, prior to the issuance of a Building Permit. C. The Supplemental Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. D. The previous Final Order dated July 11, 2017 shall remain in full force and effect, except to the extent modified herein. E. Where one or more parcels are unified for a single development, the property owner shall execute and record a unity of title or a covenant in lieu of unity of title, as may be applicable, in a form acceptable to the City Attorney. F. Applicant agrees that in the event Code Compliance receives complaints of unreasonably loud noise from mechanical and/or electrical equipment, and determines the complaints to be valid, even if the equipment is operating pursuant to manufacturer Page 1612 of 2012 CFN. 20190473053 BOOK 31545 PAGE 3494 1 Page 3 of 4 HPB 19-0298 Meeting Date: July 9, 2019 specifications, the applicant shall take such steps to mitigate the noise with noise attenuating materials as reviewed and verified by an acoustic engineer, in a manner to be reviewed and approved by staff consistent with the Certificate of Appropriateness Criteria and/or the directions from the Board. G. Satisfaction of all conditions is required for the Planning Department to give its approval on a Certificate of Occupancy; a Temporary Certificate of Occupancy or Partial Certificate of Occupancy may also be conditionally granted Planning Departmental approval. H. The conditions of approval herein are binding on the applicant, the property's owners, operators, and all successors in interest and assigns. I. Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a relaxation of any requirement or standard set forth in the City Code. J. Upon the issuance of a final Certificate of Occupancy or Certificate of Completion, as applicable, the project approved herein shall be maintained in accordance with the plans approved by the board, and shall be subject to all conditions of approval herein, unless otherwise modified by the Board. Failure to maintain shall result in the issuance of a Code Compliance citation, and continued failure to comply may result in revocation of the Certificate of Occupancy, Completion and Business Tax Receipt. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the public hearing, which are part of the record for this matter, and the staff report and analysis, which are adopted herein, including the staff recommendations, which were amended and adopted by the Board, that the application is GRANTED for the above-referenced project subject to those certain conditions specified in Paragraph I, 11,111 of the Findings of Fact, to which the applicant has agreed. PROVIDED, the applicant shall build substantially in accordance with the plans entitled "224 2nd Street" as prepared by Shulman + Associates, dated May 6, 2019 and "Exhibit A" as prepared by Shulman + Associates, dated July 9, 2019 and as approved by the Historic Preservation Board, as determined by staff and the previously approved plans. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. No building permit may be issued unless and until all conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order, have been met. The issuance of the approval does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including final zoning approval. If adequate handicapped access is not provided on the Board-approved plans, this approval does not mean that such handicapped access is not required. When requesting a building permit, the plans submitted to the Building Department for permit shall be consistent with the plans approved by the Board, modified in accordance with the conditions set forth in this Order. Page 1613 of 2012 CFN:20190473053 BOOK 31545 PAGE 3495 Page 4of4 HPB19-0298 Meeting Date: July 9, 2019 If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting date at which the original approval was granted, the application will expire and become null and void, unless the applicant makes an application to the Board for an extension of time, in accordance with the requirements and procedures of Chapter 118 of the City Code; the granting of any such extension of time shall be at the discretion of the Board. If the Full Building Permit for the project should expire for any reason (including but not limited to construction not commencing and continuing, with required inspections, in accordance with the applicable Building Code), the application will expire and become null and void. In accordance with Chapter 118 of the City Code, the violation of any conditions and safeguards that are a part of this Order shall be deemed a violation of the land development regulations of the City Code. Failure to comply with this Order shall subject the application to Chapter 118 of the City Code, for revocation or modification of the application t ;`-f Dated this r day of \.) i. -t , 20 t, j HISTORIC PRESERVATION BOARD THE CITY OF MIAMI BEACH, FLORIDA 4. DEBOffAH.TACKETT "i CHIEF OF HISTORIC PRESERVATION FOR THE CHAIR STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this IOR day of ru;, 20141 by Deborah Tackett, Chief of Historic Preservation, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the corporation. She is personally known to me. YVIWAM BLACHAR Mr COMMISSION#00308052 :+A.X.A.41.4101 D.PARIW EXPIRES:MAR 05,2023 NOTARY PUBLIC Bonded mrouvh 1st State Insurance Miami-Dade County, Florida My commission expires: I r;�. �� 1013 Approved As To Form: ' '1; • %,: ; i City Attorney's Office: �(..�.� . ;�� ..., ..� ( t 1 CI I '.t - ) Filed with the Clerk of the Historic Preservation Board on ry ,,, , 1=11()1119 ) Page 1614 of 2012 iI RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B), FINDING THAT THE CRITERIA SET FORTH IN SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED, AND APPROVING A REVOCABLE PERMIT REQUEST BY 224 2ND STREET, LLC (THE "APPLICANT" AND "OWNER") FOR THE PROPERTY LOCATED AT 224 2ND STREET, MIAMI BEACH (THE "PROPERTY") TO ALLOW THE INSTALLATION OF A RAISED SIDEWALK ALONG 2ND STREET BETWEEN WASHINGTON AVENUE AND COLLINS COURT WITHIN THE CITY'S RIGHT-OF-WAY, CONTAINING APPROXIMATELY 948 SQUARE FEET (9.6' X 98.3'), WHICH SIDEWALK SLOPES UP TO THE FINISHED FLOOR ELEVATION OF THE PROPERTY'S MAIN ENTRANCE, AND ADDING HANDRAILS AND TWO SETS OF STEPS FROM GRADE TO THE RAISED SIDEWALK ELEVATION FOR MID-BLOCK PEDESTRIAN ACCESS TO THE MAIN ENTRANCE; AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE REVOCABLE PERMIT. WHEREAS, 224 2nd Street, LLC. ("Applicant"and"Owner")of the property located at 224 2nd Street, Miami Beach, is requesting a revocable permit, to allow the installation of a raised sidewalk along 2nd Street between Washington Avenue and Collins Court within the City's right- of-way, containing approximately 948 square feet (9.6' x 98.3'), which sidewalk slopes up to the finished floor elevation of the property's main entrance, and adding handrails and two sets of steps from grade to the raised sidewalk elevation for mid-block pedestrian access to the main entrance; and WHEREAS, the property is located in the southeast corner of the intersection of Washington Avenue and 2nd Street; and WHEREAS, the Miami-Dade County Property Appraiser identifies the property with Folio No. 02-4203-003-1250; and WHEREAS, the lot area is approximately 6,500 square feet (0.15 acres) in size; and WHEREAS, the Property is zoned Limited Mixed-Use Commercial "C-PSI" and is also located within the Ocean Beach Local Historic District; and WHEREAS, the surrounding uses include: a residential apartment to the west across Washington Avenue, a Washington Park located to the north across 2nd Street, a City-owned dog park to the east across the alley, and a City-owned surface parking lot is adjacent to the property to the south; and WHEREAS, pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the public hearing; and Page 1615 of 2012 WHEREAS, pursuant to Section 82-94 of the City Code, the City Commission shall review the revocable permit request and determine whether the request shall be granted or denied following the public hearing; and WHEREAS, Public Works has analyzed the criteria contained in Sections 82-94; a summary of the Public Works Department's review and recommendation to grant the revocable permit request is set forth in the Commission Memorandum accompanying this Resolution, which Memorandum is incorporated by reference herein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,following a duly noticed public hearing, as required pursuant to Section 82-93(b), finding that the criteria set forth in Section 82-94 of the City Code has been satisfied, and approving a revocable permit request by 224 2nd Street, LLC (the "Applicant" and "Owner")for the property located at 224 2nd Street, Miami Beach (the"Property") to allow the installation of a raised sidewalk along 2nd Street between Washington Avenue and Collins Court within the City's right-of-way, containing approximately 948 square feet (9.6' x 98.3'), which sidewalk slopes up to the finished floor elevation of the property's main entrance, and adding handrails and two sets of steps from grade to the raised sidewalk elevation for mid- block pedestrian access to the main entrance; and authorizing the Mayor and the City Clerk to execute the revocable permit. PASSED and ADOPTED this day of , 2020. DAN GELBER, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK Page 1616 of 2012 • City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfLgov PUBLIC WORKS DEPARMTENT Tel. 305-673-7080, Fax. 305-673-7028 FILE NO: RWP0421-7301 DATE: 1. NAME OF APPLICANT: 224 2nd Street LLC 2. APPLICANT'S ADDRESS: P.O. Box 191038, Miami Beach, FL 33119 3. APPLICANT'S BUSINESS TELEPHONE: c/o Emily Baiter, Esq. (305) 377-6232 RESIDENCE TELEPHONE: 4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: Right-of Way adjacent to 224 2nd Street, Miami Beach, FL See Exhibit 'A" attached Sketch & Legal. 5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT CITY PROPERTY: 224 2nd Street, Miami Beach, FL 33139 See Exhibit "B" attached Legal Description 6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES NO X IF SO, WHEN: FILE NO. OF PREVIOUS REQUEST: 7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT: The revocable permit is necessary to construct a raised sidewalk, with steps and handrails with the public right of way. See Letter of intent for additional justifications. Page 1 of 3 Page 1617 of 2012 8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES ON THE SUBJECT PROPERTY? YES X NO IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES: The Applicant is proposing a raised sidewalk with two sets of steps and handrails from the street level to the sidewalk. 9. NAME OF CONTRACTOR: Brodson Construction, Inc. ADDRESS: 120 NE 27th Street, Suite 100, Miami, FL 33137 BUSINESS TELEPHONE: (305) 576-9909 SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION (SECTION 82-92, ITEMS 1 THROUGH 9). NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED. IT IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE SUBJECT CITY PROPERTY. ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES. ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES A PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY. Page 2of3 Page 1618 of 2012 FILE NO, RWP0421-7301 THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 224 2nd Street ,MIAMI BEACH, FL. INSTRUCTIONS: COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT, AS APPLICABLE, ALSO, IF YOU ARE GIVING POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST, COMPLETE THE LAST AFFIDAVIT. OWNER AFFIDAVIT 1, N/A , being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application and all supplemental data attached to and made a part of the application are honest and true to the best of my knowledge and belief. SIGNATURE Sworn to and subscribed to before me this day of , 20 NOTARY PUBLIC Commission Expires: CORPORATION AFFIDAVIT 1, John Marshall, as Manager of 224 2nd Street LLC , being duly sworn, depose and say that we are the President/Vice President,and Secretary/Asst. Secretary of the aforesaid corporation, and as such, have been authorized by the corporation to file this application for public hearing; that all answers to the...uestions in aid application and all supplemental data attached to and made a part of this applicati•i are onest and tru do the b-: of ur knowledge and belief: that said corporation is the owner of the property described h• ein .nd which is t1'- ubject f-tt: 'of • •roposed hearing. /�• . PueZtBledFror,o• PR IDENT'S SIGNATURE (CORP. SEAL) 'V W C NH 003934 ATTEST: 1111��� Ergot*0 ----.--- sp..,— _4,-„,...1,.-Y'S SIGNATURE Sworn _t . d. :-. • . this day of 720 21 f N• ARY PUBLIC Commission Expires: ' — lel ._"2I OWNER/POWER OF ATTORNEY AFFIDAVIT 1, John Marshall, as Manager of 224 2nd Street LLC , being duly sworn,depose and say that I am owner of the described real property and that I am aware of the nature and effect of the request for this revocabl- permit, relative to my property,which is hereby made by me or I am hereby authorized Michael W. Larkin .nd Emily K. I alter to be my legal representative before the City Commission. Swomoand subscriked to before me - OWNER'S SIGNATURE this i 1 day of a-/ , 20 21 . N• ARY PUBLIC 4s* Notary Pubic State of Fianda 1-____ c....,f Byron Suarez Commission Expires: v--1 1*-G-I VMy• Conxrv•ston HH 096934 e,or Exptras 05/13/2025 iirPage 1619 of 2012 Page 3 of 3 Exhibit "A" SPECIFIC PURPOSE SURVEY LOCATION SKETCH AND LEGAL DESCRIPTION FOR REVOCABLE PERMIT APPLICATION -- ,L • ABBREVIATIONS: .0.0-PC/N.7 OF COMMENCE J' S1•c P.0,5=POIN7 OF 5EGINN'NG 2/ r3pQD •-•NE =NORTHEAST .0 r N =NORTH 5 =SOUTH W =WE5T E —EAST y r =CENTER UNE 4 r. ADDRESS S FOLIO: s 224 2ND STREET,MIAMI BEACH,FL 33139 , ti FOLIO No.02-4203-003-1250 I ^ LOCATION SKETCH s SCALE•N.T.S. LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY OF 2nd STREET,OF OCEAN BEACH,FLORIDA,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2,AT PAGE 38 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 16,BLOCK 9;THENCE RUN WITH AN A55UME BEARING 575°00'00•E ALONG THE SOUTHERLY RIGHT OF WAY LINE OF 2nd STREET ALSO BEING THE NORTHERLY UNE OF LOT 16,FOR A DISTANCE OF 29.65 FEET TO THE POINT Of BEGINNING,THENCE RUN N 14°47'22-E FOR.A DISTANCE OF 9.65 FEET;THENCE RUN 575°00'00"E FOR A DISTANCE OF 98.30 FEET;THENCE RUN 515°10'55"W FOR A DISTANCE OF 9.65 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF 2nd STREET ALSO BEING THE NORTHERLY LINE OF LOT 16;THENCE RUN N75°00'00"W ALONG THE SOUTHERLY RIGHT OF WAY LINE OF 2nd STREET ALSO BEING THE NORTHERLY LINE OF LOT 16 FOR A DISTANCE or 98.23 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF±948 SQ.FT. SURVEYOR'S NOTES: SURVEYOR'S CERTIRCATION: I. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY JOHN IBARRA seem 61..1n-1-'15 1501240Aer SURVEY"oe.-of PROeEry ERa or.refO..nA'ReCN1.v 5e91 Sueerro tko DRAW!,u17ER MY 5uIT,i,0,,AND COYPu[S We lh!5TANDATD5 Of PRACTICE ASSOCIATES,INC. A5 Sr roK1"eY,eE f, RIDA t%)ARO Of wOIYss o.k_u42 SultiMe.5.'4 GJIAFICK v-17,r.OrtVA ADM'I'S1fA' C _' u''TO 472 027.e.ORD>,SrA'LTtS 2.THIS SKETCH 15 BASED ON INFORMATION FURNISHED BY CLIENT OR 09' 1'synod by 20101 A IMAM CLIENTS REPRESENTATIVE. Date 2021.0522 d►2S32 a 0P Adobe&robot renin' 202100t2°11S 04/29/2021 3.THIS SKETCH 15 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED 6Y; SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. JOHN IBARRA ([;AC:y r Ey. 4.NOT COMPLETE WITHOUT ALL PAGES 2 SHEETS. nerorrssoo,..•.'n s' v;rte NO 5204 sTATt or rtokoA DRAWN BY: ITB DATE: 2f JOHN IBARRA & ASSOCIATES, INC. Professional Land Suryors 3 Mappers 111.,,0. 04 W W W.IAARi1ALANDE V RVEveYORS.COM SCALE: 1"�3G' 777 N.W.72nd AVENUE 4661 TAASIAMI TA4L NORTH Digitally signed by JOHN A SUITE 3026 SURE r 200 IBARRA SURVEY N0: 13-002489"4 MIAMI,FLORIDA 33126 NAPLES,FL 34103 Date:2021.05.2709:33:53-0400' P11: (306)262-0490 PN: (230)640-2660 Adobe Acrobat version: SHEET: FAX:(306)262-0401 FAX (239)640-2664 2021.001.201 55 1 of 2 Page 1620 of 2012 L.B.## 7806 SEAL SPECIFIC PURPOSE SURVEY LOCATION SKETCH AND LEGAL DESCRIPTION FOR REVOCABLE PERMIT APPLICATION I _cliVASHINGTON AVENUE — o Q ME MOST NORTt1ERLY --_• \'..........- CORNER OF LOT 16 IV - I 30.00 CD V OA CND GRAPHIC SCALE N g N 14,47 22•E 30 0 15 30 m —�9.6"5' SIDEWALK (IN FEET) P.O.B AREA 1 INCH=30 FEET I or ADDRESS&FOLIO: V ' Q LOT IS LOT- 16 Z 224 2ND STREET, MIAMI BEACH, FL 33 39 BLOCK 9 BLOCK 9 vii gp FOLIO No. 02-4203-003-1250 0 o 1 SURVEYOR'S NOTES: O rn I. NO SEARCH OF TIE PUBLIC RECORDS HAS OD (n SEEN MADE BY;OHN BARRA 1 ASSOCIA'ES, c>J INC. Co oolli rn 1 2.THIS SKETCH :5 BASED ON INFORMATION W FURNISHED BY CLIENT OR CLIENTS rn REPRESENTATIVE. .4 1 3.THIS SKETCH 15 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. P— 1 515°10'55W 20'ALLEY(N.A.P.) 9.65' 30.00 1 LOT - 2 I. - I BLOCK-9 � BLOCK- 9 1 . ,°�,M qA��� [DRAWN BY: TB bN DATE: JOHN IBARRA 8 ASSOCIATES, INC. ;,,�+� 104/29/2021 I professional Land Surveyors d� Mappers 1117,M W W W.IBARNALANDBU N6.COM SCALE: 1"=30' Digitally signed by JOHN A 777 NW.T2nd AVENUE a66�TAMIAMI TR.J1 NORTFI BUrrE 3025 6urTE a 200 IBARRA SURVEY NO: 13-002489-4 r� �.FLO IDA 33'26 NAptEs a 3+'°3 Date:2021.05.27 09:34:24-04'00' PH: (SDs)262.0400 PH: (239)340-2660 Adobe Acrobat version: SHEET: FAX:lam)262-04ot FAX (239)640-266+ 2021.001.20155 2 OF 2 Page 1621 of 2012 L.B.#7806 SEAL Exhibit "B" LEGAL DESCRIPTION: LOT 16, BLOCK 9, OF OCEAN BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 38, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Page 1622 of 2012 fl t-L-c t %9V•414"'"4 BaseCamp305 COV 0,KW FIL/P SWAMP .. 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I I''''. • n • ... :9:-...:::::: .::74, 4 rLirj Um TABIO ENGINEERING CORPORATION CIVIL-STRUCTURAL ENGINEERING CA 09550 140 BUTTONWOOD DRIVE,KEY BISCAYNE,FLORIDA 33149 C...3 _ A1110 ENGINEERING C 111.11/ IILWION elnail:msaluar@tabloenglneeriny.net P.10.1.1,212 - w WEISS SEROTA HELFMAN COLE & B I E RMAN AT THE 0:0\ ROAIlOF Bl INF\S, GO\ E%\\11 \T g THI L:�'<t Millie Ramos-Pombo. Senior Real Estate Paralegal mpombo a .sh-law.com March 14. 2019 224 2T Street. LI.0 c!o John Marshall 120 Ocean Drive. Suite 1000 Miami Beach. Florida 33139 RE: 224 2°`' Street. LLC. a Florida limited liability company purchase from Untario SP LP. an Ontario limited partnership Closing Date:January 18.2019 Dear John: Enclosed herewith please find the following original document. in connection with the above captioned transaction: Recorded Warranty Deed: 2. Owner's Title Insurance Polio Number: 5011412-0603108e issued by First American Title Insurance Company: and, 3. Four(4)original Alta Surveys. Should you have an questions regarding the foregoing. please do not hesitate to contact our office. Sine eh. /1),, r' VJ1LLi ritos-Pombo --- Senior Real Estate Paralegal mrp Enclosures 2525 Ponce De Leon Blvd., Suite 700, Coral fticldP,3PEfffili4 1305.854.0800 I www.wsh-law.com CFN, 20190056330 BOOK 31305 PAGE 4169 DATE:01/29/2019 12:55:55 PM DEED DOC 28,800.00 SURTAX 21,600.00 HARVEY RUV1N,CLERK OF COURT,MIA-DADE CTY THIS INSTRUMEIJT WAS PREPARED BY: ALTO LLP David A.Altro 915-20 Adelaide Street East Toronto,ON M5C 216 WHEN RECORDED,MAIL TO: Joseph M_Hernandez, Esq. Weiss Serota Helfman Cole&Blerman 2525 Ponce de Leon Blvd. Suite 700 Coral Gables,FL 33134 Folio No: 02-4203-003-1250 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made on January 18, 2019, by Untario SB LP, an Ontario limited partnership, with a mailing address of 573 King Street East, Suite 102, Toronto, Ontario, Canada MSA 1M5 (the"Grantor"),to 224 2n4 Street LLC,a Florida limited liability Company,with a mailing address of 120 Ocean Drive,Suite 1000, Miami Beach, FL 33139(the"Grantee"). WITNESSETH: that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations to the Grantor in hand paid by the Grantee, the receipt and sufficiency whereof is hereby acknowledged,has granted,bargained,sold,aliened, remised,released,conveyed and confirmed unto the Grantee,and the Grantee's heirs, successors and assigns forever, the following described land, situate, tying and being in Miami-Dade County, Florida: Lot 16,Block 9 of OCEAN BEACH,FLA,according to the Plat thereof as recorded in Plat Book 2,Page 38,of the Public Records of Miami-Dade County,Florida. S1JflJECT TO: 1. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable; 2. Conditions, reservations, restrictions, limitations, dedications and easements of record,without intending to reimpose same;and 3. Zoning and other governmental restrictions and regulations. Page 1631 of 2012 CFN, 20190056330 BOOK 31305 PAGE 4170 TOGETHER, with all the improvements situate thereon and all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land; and that the Grantor does hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Ufj4 ' Untario SB LP, ; an Ontario Limited Partnership 6.22.1.„.7111By 2559250 Ontario Limi -d,the General Partner rr-,r4 '''a `. t 4 1 I l;E o�P t�'p �0 ___? , Na :_Fr. Toskan r __.— _ Title President STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 18'" day of January 2019, by Frank Toskan, President of 2559260 Ontario Limited, the general partner, of Untario SB LP, an Ontario limited partnership, on behalf of the limited partnership. He is personally known to me or has produced (_ I'Tk a(c''iL ` 4s tification and who (did),not) take an oath. / • -7/ s •s l',3s * Typed Name_ y...t, �cGa�1a+ Title or Rank: Notary Public ���9.!yp•,a�rtr4*.:47.4.;" Serial Number Page 1632 of 2012 E-nlit.DRDED SimpliOle in de County: 5. THIS INSTRUMENT WAS PREPARED BY: Date: 441M Time: ! `5 — P1 ALTO LLP David A. Altro 915-20 Adelaide Street East Toronto, ON M5C 2T6 WHEN RECORDED, MAIL TO: Joseph M. Hernandez, Esq. Weiss Serota Helfman Cole & Bierman 2525 Ponce de Leon Blvd. Suite 700 Coral Gables, FL 33134 Folio No: 02-4203-003-1250 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made on January 18, 2019, by Untario SB LP, an Ontario limited partnership, with a mailing address of 573 King Street East, Suite 102, Toronto, Ontario, Canada M5A 1M5 (the "Grantor"),to 224 2nd Street LLC, a Florida limited liability Company, with a mailing address of 120 Ocean Drive, Suite 1000, Miami Beach, FL 33139 (the"Grantee"). WITNESSETH: that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations to the Grantor in hand paid by the Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed unto the Grantee, and the Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in Miami-Dade County, Florida: Lot 16, Block 9 of OCEAN BEACH, FLA, according to the Plat thereof as recorded in Plat Book 2, Page 38, of the Public Records of Miami-Dade County,Florida. SUBJECT TO: 1. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable; 2. Conditions, reservations, restrictions, limitations, dedications and easements of record,without intending to reimpose same;and 3. Zoning and other governmental restrictions and regulations. Page 1633 of 2012 TOGETHER, with all the improvements situate thereon and all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; and that the Grantor does hereby warrant the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Ontario SB LP, jero an Ontario Limited Partnership By 2559260 Ontario Limi -d,the General Partner it I:CR Ottrios-15'4 By: - // / lat Na Fr- Toskan Title: President (/1r4 r/AA STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this le day of January 2019, by Frank Toskan, President of 2559260 Ontario Limited, the general partner, of Untario SB LP, an Ontario limited partnership,on behalf of the limited partnership.tHe is personally known to me or has produced t i (a t"CELL �s iAehtification and who (did) ( • not) take an oath. O•Gp'OS S.A, ( _ _ ('\Y J is # : Typed Name: = aca,w, * Title or Rank: Notary Public %;,Q•� Ar 1A�/god��Hyo`.' Qom; Serial Number: •.• c Gnae. �`�� Page 1634 of 2012 Owner's Policy of Title Insurance �5t f (with Florida modifications) First American Titley" ISSUED BY • First American Title Insurance Company -- - _ POLICY r 4eER Owner's Policy 5011412-0603108e Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY,a Nebraska corporation(the"Company')insures,as of Date of Policy against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not property created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed, recorded,or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment,encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term 'encroachment' includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company For Reference: /1 � File#: 3148.002 Loan #: N/A Dennis J.Gilmore Issued BY: President g/e4/41 Weiss, Serota, Hellman, Cole Bierman, P.L. 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 Jeffrey S.Robinson Secretary (This Policy is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document Copyright 20062009 American Land Tips Association.Al rights mended.The usa of the foam a restricted to AL TA licensees end ALTA members in good standing as of the date of use. Al;other uses am prohibited.Reprinted,rix,Scams from the American Land T,tk Assoaaton. IForm 5011412(2-1-11) Page 1 of 5 I ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications) Page 1635 of 2012 Policy#: 5011412-0603108e COVERED RISK(Continued) 5, The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 f a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exec isse of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any par!of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions, EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of (b) not Known to the Company, not recorded in the Public this policy, and the Company will not pay loss or damage, costs, Records at Date of Policy, but Known to the Insured attorneys'fees,or expenses that arise by reason of: Claimant and not disclosed in writing to the Company by the 1. (a) Any law, ordinance, permit, or governmental regulation Insured Claimant prior to the date the Insured Claimant (including those relating to building and zoning) restricting, became an Insured under this policy; regulating,prohibiting,or relating to (c) resulting in no loss or damage to the Insured Claimant, (i) the occupancy,use,or enjoyment of the Land; (d) attaching or created subsequent to Date of Policy;or (ii) the character, dimensions, or location of any (e) resulting in loss or damage that would not have been improvement erected on the Land; sustained if the Insured Claimant had paid value for the (iii) the subdivision of land;or Titie. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, or the effect of any violation of these laws, ordinances, or state insolvency, or similar creditors' rights laws, that the governmental regulations. This Exclusion 1(a) does not transaction vesting the Title as shown in Schedule A,is modify or limit the coverage provided under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b)does (b) a preferential transfer for any reason not stated in Covered not modify or limit the coverage provided under Covered Risk 9 of this policy. Risk 6. 5. Any lien on the Title for real estate taxes or assessments 2. Rights of eminent domain. This Exclusion does not modify or imposed by governmental authority and created or attaching limit the coverage provided under Covered Risk 7 or 8. between Date of Policy and the date of recording of the deed or 3. Defects,liens,encumbrances,adverse claims,or other matters other instrument of transfer in the Public Records that vests Title (a) created, suffered, assumed, or agreed to by the Insured as shown in Schedule A. Claimant; Form 5011412(7.1-14) Page 2 of 5 I ALTA Owner's Policy of Trite Insurance(6-17-06)(with Florida modifications) Page 1636 of 2012 Policy#: 5011412.0603108e CONDITIONS 1. DEFINITION OF TERMS notice of matters relating to real property to purchasers for The following terms when used in this policy mean: value and without Knowledge. With respect to Covered (a) "Amount of Insurance": The amount stated in Schedule A, as Risk 5(d), "Public Records" snail also include environmental may be increased or decreased by endorsement to this protection liens filed in the records of the clerk of the United policy, increased by Section 8(b), or decreased by Sections States District Court for the district where the Land is located. 10 and 11 of these Conditions. (j) °Title The estate or interest described in Schedule A. (b) `Date of Policy": The date designated as 'Date of Policy in (k) "Unmarketable Title':Title affected by an alleged or apparent Schedule A. matter that would permit a prospective purchaser or lessee of (c) "Entity": A corporation, partnership, trust, limited liability the Tide or lender on the Title to be released from the company,or other similar legal entity. obligation to purchase,lease, or lend if there is a contractual (d) "Insured': The Insured named in Schedule A. condition requiring the delivery of marketable title. (i) The term'Insured"also includes 2. CONTINUATION OF INSURANCE (A) successors to the Title of the Insured by operation The coverage of this policy shall continue in force as of Date of of law as distinguished from purchase, including Policy in favor of an Insured, but only so long as the Insured heirs,devisees,survivors,personal representatives, retains an estate or interest in the Land, or holds an obligation or next of kin; secured by a purchase money Mortgage given by a purchaser (B) successors to an Insured by dissolution, merger, from the Insured,or only so long as the Insured shall have liability consolidation,distribution,or reorganization; by reason of warranties in any transfer or conveyance of the Title. (C) successors to an Insured by its conversion to This policy shall not continue in force in favor of any purchaser another kind of Entity; from the Insured of either(i) an estate or interest in the Land, or (D) a grantee of an Insured under a deed delivered (ii)an obligation secured by a purchase money Mortgage given to without payment of actual valuable consideration the Insured. conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (1) if the stock, shares, memberships, or other The Insured shall notify the Company promptly in writing(i)in case equity interests of the grantee are wholly- of any litigation as set forth in Section 5(a) of these Conditions, owned by the named Insured, (ii)in case Knowledge shall come to an Insured hereunder of any (2) if the grantee wholly owns the named Insured, claim of title or interest that is adverse to the Title,as insured,and (3) if the grantee is wholly-owned by an affiliated that might cause loss or damage for which the Company may be Entity of the named Insured, provided the liable by virtue of this policy, or (iii) if the Title, as insured, is affiliated Entity and the named Insured are rejected as Unmarketable Tide. If the Company is prejudiced by both wholly-owned by the same person or the failure of the Insured Claimant to provide prompt notice, the Entity,or Company's liability to the Insured Claimant under the policy shall (4) if the grantee is a trustee or beneficiary of a be reduced to the extent of the prejudice. trust created by a written instrument 4. PROOF OF LOSS established by the Insured named in Schedule In the event the Company is unable to determine the amount of A for estate planning purposes. loss or damage, the Company may, at its option, require as a (ii) With regard to(A), (B), (C), and(D) reserving, however, condition of payment that the Insured Claimant furnish a signed all rights and defenses as to any successor that the proof of loss. The proof of loss must describe the defect, lien, Company would have had against any predecessor encumbrance, or other matter insured against by this policy that Insured. constitutes the basis of loss or damage and shall state, to the (e) "Insured Claimant": An insured claiming loss or damage. extent possible,the basis of calculating the amount of the loss or (f) "Knowledge"or'Known": Actual knowledge, not constructive damage. knowledge or notice that may be imputed to an Insured by 5. DEFENSE AND PROSECUTION OF ACTIONS reason of the Public Records or any other records that impart (a) Upon written request by the Insured, and subject to the constructive notice of matters affecting the Title. options contained in Section 7 of these Conditions, the (g) "Land': The land described in Schedule A, and affixed Company, at its own cost and without unreasonable delay, improvements that by law constitute real property. The term shall provide for the defense of an Insured in litigation in "Land"does not include any property beyond the lines of the which any Third party asserts a claim covered by this policy area described in Schedule A, nor any right, title, interest, adverse to the Insured. This obligation is limited to only those estate, or easement in abutting streets, roads, avenues, stated causes of action alleging matters insured against by alleys,lanes,ways,or waterways,but this does not modify or this policy. The Company shall have the right to select limit the extent that a right of access to and from the Land is counsel of its choice (subject to the right of the Insured to insured by this policy. object for reasonable cause)to represent the Insured as to (h) "Mortgage"; Mortgage, deed of trust, trust deed, or other those stated causes of action. It shall not be liable for and will security instrument, including one evidenced by electronic not pay the fees of any other counsel. The Company will not means authorized by law. pay any fees, costs,or expenses incurred by the Insured in (i) "Public Records": Records established under state statutes the defense of those causes of action that allege matters not at Date of Policy for the purpose of imparting constructive insured against by this policy. Form 5011412(7-1.14) Page 3 of 5 I ALTA Owner's Policy of Title insurance(6-17-06)(with Florida modifications) Page 1637 of 2012 Policy 8: 5011412-0603108e CONDITIONS(Continued) (b) The Company shall have the right, in addition to the options 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; contained in Section 7 of these Conditions,at its own cost,to TERMINATION OF UABILITY institute and prosecute any action or proceeding or to do any In case of a claim under this policy, the Company shall have the other act that in its opinion may be necessary or desirable to following additional options: establish the Title,as insured,or to prevent or reduce toss or (a) To Pay or Tender Payment of the Amount of Insurance. damage to the Insured. The Company may take any To pay or tender payment of the Amount of Insurance under appropriate action under the terms of this policy, whether or this policy together with any costs, attorneys' fees, and not it shall be liable to the Insured. The exercise of these expenses incurred by the Insured Claimant that were rights shall not be an admission of liability or waiver of any authorized by the Company up to the time of payment or provision of this policy. If the Company exercises its rights tender of payment and that the Company is obligated to pay. under this subsection,it must do so diligently. Upon the exercise by the Company of this option, all liability (c) Whenever the Company brings an action or asserts a and obligations of the Company to the Insured under this defense as required or permitted by this policy,the Company policy, other than to make the payment required in this may pursue the litigation to a final determination by a court of subsection,shall terminate, including any liability or obligation competent jurisdiction, and it expressly reserves the right, in to defend,prosecute,or continue any litigation. its sole discretion,to appeal any adverse judgment or order. (b) To Pay or Otherwise Settle With Parties Other Than the 6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured or With the Insured Claimant. (a) In all cases where this policy permits or requires the (i) To pay or otherwise settle with other parties for or in the Company to prosecute or provide for the defense of any name of an Insured Claimant any claim insured against action or proceeding and any appeals, the Insured shall under this policy. In addition,the Company will pay any secure to the Company the right to so prosecute or provide costs, attorneys' fees, and expenses incurred by the defense in the action or proceeding, including the right to use, Insured Claimant that were authorized by the Company at its option, the name of the Insured for this purpose. up to the time of payment and that the Company is Whenever requested by the Company, the Insured, at the obligated to pay;or Company's expense, shall give the Company all reasonable (ii) To pay or otherwise settle with the Insured Claimant the aid (i) in securing evidence,obtaining witnesses, prosecuting loss or damage provided for under this policy, together or defending the action or proceeding, or effecting settlement, with any costs, attorneys' fees, and expenses incurred and (ii) in any other lawful act that in the opinion of the by the Insured Claimant that were authorized by the Company may be necessary or desirable to establish the Title Company up to the time of payment and that the or any other matter as insured, If the Company is prejudiced Company is obligated to pay. by the failure of the Insured to `umish the required Upon the exercise by the Company of either of the options cooperation, the Company's obligations to the Insured under provided for in subsections (b)(i) or (ii), the Company's the policy shall terminate, including any liability or obligation obligations to the Insured under this policy for the claimed to defend,prosecute,or continue any litigation,with regard to loss or damage, other than the payments required to be the matter or matters requiring such cooperation. made, shall terminate, including any liability or obligation to (b) The Company may reasonably require the Insured Claimant defend,prosecute,or continue any litigation. to submit to examination under oath by any authorized 8. DETERMINATION AND EXTENT OF UABIUTY representative of the Company and to produce for This policy is a contract of indemnity against actual monetary loss examination, inspection, and copying, at such reasonable or damage sustained or incurred by the Insured Claimant who has times and places as may be designated by the authorized suffered loss or damage by reason of matters insured against by representative of the Company, all records, in whatever this policy. medium maintained, including books, ledgers, checks, (a) The extent of liability of the Company for loss or damage memoranda, correspondence, reports, e-mails, disks, tapes, under this policy shall not exceed the lesser of and videos whether bearing a date before or after Date of (i) the Amount of Insurance;or Policy, that reasonably pertain to the loss or damage. (ii) the difference between the value of the Title as insured Further, if requested by any authorized representative of the and the value of the Title subject to the risk insured Company, the Insured Claimant shall grant its permission, in against by this policy. writing,for any authorized representative of the Company to (b) If the Company pursues its rights under Section 5 of these examine,inspect,and copy all of these records in the custody Conditions and is unsuccessful in establishing the Title, as or control of a third party that reasonably pertain to the loss or insured, damage. All information designated as confidential by the (i) the Amount of Insurance shall be increased by 10%,and Insured Claimant provided to the Company pursuant to this (ii) the Insured Claimant shall have the right to have the loss Section shall not be disclosed to others unless, in the or damage determined either as of the date the claim reasonable judgment of the Company, it is necessary in the was made by the Insured Claimant or as of the date it is administration of the claim. Failure of the Insured Claimant to settled and paid. submit for examination under oath, produce any reasonably (c) In addition to the extent of liability under (a) and (b), the requested information, or grant permission to secure Company will also pay those costs, attorneys' fees, and reasonably necessary information from third parties as expenses incurred in accordance with Sections 5 and 7 of required in this subsection, unless prohibited by law or these Conditions. governmental regulation, shall terminate any liability of the Company under this policy as to that claim. IForm 5011412(7.1-14) Page 4 of 5 l ALTA Owner's Policy of Title insurance(6-17-06)(with Florida modifications) Page 1638 of 2012 Policy It: 5011412-0603108e CONDITIONS(Continued) 9. UMITAT)ON OF UABIUTY include, but are not hmited to, any controversy or claim between the (a) If the Company establishes the The, or removes the alleged Company and the Insured arising out of or relating to this policy,and defect, lien, or encumbrance, or cures the lack of a right of service of the Company in connection with its issuance or the breach access to or from the Land,or cures the claim of Unmarketable of a policy provision or other obligation. Arbitration pursuant to this Trtle, all as insured, in a reasonably diligent manner by any policy and under the Rules in effect on the date the demand for method, including litigation and the completion of any appeals, arbitration is made, or, at the option of the Insured, the Rules in it shall have fully performed its obligations with respect to that effect at Date of Policy shall be binding upon the parties. The award matter and shall not be liable for any loss or damage caused to may include attorneys'fees only if the laws of the state in which the the Insured. Land is located permit a court to award attorneys' fees to a (b) In the event of any litigation,including litigation by the Company prevailing party. Judgment upon the award rendered by the or with the Company's consent, the Company shall have no Arbitrator(s)may be entered in any court having jurisdiction thereof. liability for loss or damage until there has been a final The law of the situs of the land shall apply to an arbitration under the determination by a court of competent jurisdiction, and Title Insurance Arbitration Rules. disposition of all appeals,adverse to the Title,as insured. A copy of the Rules may be obtained from the Company upon (c) The Company shall not be liable for loss or damage to the request Insured for liability voluntarily assumed by the Insured in 15. LIABILITY LIMITED TO THIS POUCY; POLICY ENTIRE settling any claim or suit without the prior written consent of the CONTRACT Company. (a) This policy together with al endorsements, if any,attached to it 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION by the Company is the entire policy and contract between the OF UABILITY Insured and the Company. In interpreting any provision of this All payments under this policy, except payments made for costs, policy,this policy shall be construed as a whole. attorneys'fees,and expenses,shall reduce the Amount of Insurance (b) Any claim of loss or damage that arises out of the status of the by the amount of the payment Title or by any action asserting such claim whether or not 11. UABILITY NONCUMULATIVE based on negligence shall be restricted to this policy The Amount of Insurance shall be reduced by any amount the (c) Any amendment of or endorsement to this policy must be in Company pays under any policy insuring a Mortgage to which writing and authenticated by an authorized person,or expressly exception is taken in Schedule B or to which the Insured has agreed, incorporated by Schedule A of this policy. assumed,or taken subject,or which is executed by an Insured after (d) Each endorsement to this policy issued at any time is made a Date of Policy and which is a charge or lien on the'Title, and the part of this policy and is subject to all of its terms and amount so paid shall be deemed a payment to the Insured under provisions. Except as the endorsement expressly states, it this policy. does not (i) modify any of the terms and provisions of the 12. PAYMENT OF LOSS policy,(u)modify any prior endorsement,(ii)extend the Date of When liability and the extent of loss or damage have been definitely Policy,or(iv)increase the Amount of Insurance. fixed in accordance with these Conditions, the payment shall be 16. SEVERABIUTY made within 30 days. In the event any provision of this policy, in whole or in part, is held 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT invalid or unenforceable under applicable law, the policy shall be (a) Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid, under this policy,it shall be subrogated and entitled to the rights but all other provisions shall remain in full force and effect. of the Insured Claimant in the Title and all other rights and 17. CHOICE OF LAW;FORUM remedies in respect to the claim that the Insured Claimant has (a) Choice of Law• The Insured acknowledges the Company has against any person or property, to the extent of the amount of underwritten the risks covered by this policy and determined any loss, costs, attorneys' fees, and expenses paid by the the premium charged therefor in reliance upon the law affecting Company. If requested by the Company,the Insured Claimant interests in real property and applicable to the interpretation, shall execute documents to evidence the transfer to the rights, remedies,or enforcement of policies of title insurance of Company of these rights and remedies. The Insured Claimant the jurisdiction where the Land is located. shall permit the Company to sue, compromise, or settle in the Therefore, the court or an arbitrator shall apply the law of the name of the Insured Claimant and to use the name of the jurisdiction where the Land is located to determine the validity Insured Claimant n any transaction or litigation involving these of claims against the Title that are adverse to the Insured and rights and remedies. to interpret and enforce the terms of this policy. In neither case If a payment on account of a claim does not fully cover the loss shall the court or arbitrator applyitsconflicts of law principles to of the Insured Claimant,the Company shall defer the exercise determine the applicable law. of its nght to recover until after the Insured Claimant shall have (b) Choice of Forum: Any litigation or other proceeding brought by recovered its loss. the Insured against the Company must be filed only in a state (b) The Company's right of subrogation includes the rights of the or federal court within the United States of America or its Insured to indemnities, guaranties,other policies of insurance, territories having appropriate jurisdiction. or bonds,notwithstanding any terms or conditions contained in 18. NOTICES,WHERE SENT those instruments that address subrogation rights. Any notice of claim and any other notice or statement in writing 14. ARBITRATION required to be given to the Company under this policy must be given Unless prohibited by applicable law, arbitration pursuant to the Title to the Company at First American Title Insurance Company, Insurance Arbitration Rules of the American Arbitration Association Attn: Claims National Intake Center, 1 First American Way, may be demanded if agreed to by both the Company and the Santa Ana,California 92707. Phone:688-632-1642 Insured at the time of a controversy or claim. Arbitrable matters may IForm 5011412(7-1-14) Page 5 of 5 l ALTA Owners Policy of Titre insurance(6-17-06)(with Florida modificabons) Page 1639 of 2012 Owner's Policy of Title Insurance • First American Title ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule A 5011412-0603108e Name and Address of Title Insurance Agent: Weiss Serota Helfman Cole&Bierman, P.L. 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, Florida 33134 File No.: 3148.002 Address Reference: 224 2nd Street, Miami Beach, Florida 33139 Amount of Insurance: $4,800,000.00 Premium: $14,575.00 Date of Policy: January 29, 2019 @ 12:55:55 p.m 1. Name of Insured: 224 2"d Street, LLC 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: 224 2nd Street, LLC, a Florida limited liability company, by virtue of Special Warranty Deed, dated January 18, 2019, recorded January 29, 2019, in Official Records Book 31305, at Page 4169, of the Public Records of Miami-Dade County, Florida. 4. The Land referred to in this policy is described as follows: See Exhibit "A" attached hereto and made a part hereof Weiss - ota •-n . : -rman, P.L. / By: , Joseph_fA nandez, Esq, as Authorized Signatory (This Schedule A valid only when Schedule B is attached) Page 1640 of 2012 Form 5011412(2-1-11) Paqe 1 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)(with Honda modifications) • V F R. f�T r! ISSUED BY =1;4111pliik= First American Title First American Title Insurance Company POLICY NUMBER [ 5011412-0603108e Exhibit A File No.: 3148.002 The land referred to herein below is situated in the County of Miami-Dade, State of Florida, and described as follows: Lot 16, Block 9 of OCEAN BEACH, FLA, according to the Plat thereof as recorded in Plat Book 2, Page(s) 38, of the Public Records of Miami-Dade County, Florida. Page 1641 of 2012 Form 5011412(2-1-11) Page 2 of 5 ALTA Owners Policy of Title Insurance(6-17-06)(with Florida modifications) .. T i Owner's Policy of Title Insurance First American Title ISSUED By - _ First American Title Insurance Company POLICY NUMBER Schedule B 5011412-0603108e File No.: 3148.002 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 2. Dedications and reservations as shown on plat of OCEAN BEACH, FLA. recorded in Plat Book 2 Page 38. 3. Order by the Historic Preservation Board, City of Miami Beach, Florida recorded February 27, 2014 in Book 29046 Page 1899, as corrected in Book 29424 Page 4632. 4. Order by the Zoning Board, City of Miami Beach, Florida recorded September 18, 1985 in Book 12640 Page 3054. 5. Order by the Historic Preservation Board, City of Miami Beach, Florida recorded July 19, 2017 in Book 30618, Page 4759. 6. All matters as shown on Survey by John Ibarra &Associates, Inc. dated 1/10/2019, Job No. 13-002489-3, especially the following: a)concrete slabs extend beyond the southern boundary; b)wood utility encroaches onto the subject property along the southern boundary; and, c) water meter encroaches the eastern boundary and onto the subject property. NOTE: All instruments reflected above were recorded in the Public Records of Miami-Dade County, Florida. Page 1642 of 2012 Form 5011412(2-1-11) Page 3 of 5 ALTA Owner's Po4icy of Title Insurance(6-17-06)(with Florida modifications) i First American Title • Privacy Information We Are Cotmmktted to Safeguarding Customer Information In order to better serve your needs now and In the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we wig do with such information-parboularty any personal or Mandel nfomwtlon.We agree that you have a right to know how we wit uttze the personal information you provide to us.Therefore,together with our subsidiaries we have adapted this Prty cy Policy to govern the use and handing of your personal information. Aelphrelibr-sty The Privacy Policy governs our use of the information that you provide to us.It does riot govern the manner in which we may use information we have obtained from any other source,such as Inforrnatlon obtained from a pubic record or from another person or entity.First American has also adopted broader grldelnes that govern our use of personal information regardless d Its source. Fest American calls these guidelines its Fair Information Values. Types of Information Deperdeg upon which of our services you are utilizing,the types of nonpublic personal information that we may infect Include: • Information we receive from you on apperabores,forms and in ether communications to us,whether in writ ig,in person,by tekptane or any other means; • Information about your transactions with us,Our affiliated companies,or others;and • Information we receive from a consumer reportag agency. Use Of infonaidon We request Information from you for our over legitimate business purposes and ma for the benefit of any namaffttated party.TTherefere,we will not release you information to nonaffiliated parties eeept: (1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store well information indefinitely,including the period after eolith any customer relationship has ceased.Such nfrrmatbn may be used for any internal purpose,suds as quatty cordite efforts or customer analysis.We may also provide as of the types of nonpttic personal Information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers, property and casualty insurers,and trust and investment advisory companies,or convenes involved ei real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as deserted above,to companies teat perform rearketlmg services on our behalf,on behalf of our affeated companies or to other financial esti utici s with whom we or at,a fated companies have joint marketing agreements. Former Customers Even it you are no longer our customer,our Privacy Policy will continue to apply to you. Conffderdalty and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those inav1duals and entities who nerd to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information wI be handed responsibly and In accordance wth this Privacy Poky and Fist Americans Fair Inform bon Values.We cunmstiy maintain physical,electronic,and procedural safeguards that comp),with federal regulations to guard Kier roriputtic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it Is Important you know how we treat the Information about you we receive on the Internet. [n general,you can vise First American or its amllat s'Web sites on the World Wide Web without telling us who you are or rewiring arty info eton about yourself.Our Web serves collect the domain names.not the e-mel addrsses,of visimos.The information is aggregated to treasure the nurnter Of vises,average time spent on the site, pages viewed and sender lnfomaton. First American uses this information to measure the use d our site and to develop ideas to improve the content of our site. There are times,however,when we may need irformaton from you,such as you name and email address.When Information is needed,we will use our best efforts to let you know at the time of collection how we we use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you maccess specific account/profile information.If you choose to share any personal information with us,we will only tense it in accordance with the poedes Outlined above. lersinress Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some re First American's Web sites may snake use orceoltie technology to measure site activity and to customize information to your personal tastes.A cockle is an element of data that a Web site can send to your browser,which may then store the cookie on your hard hive. erstie con uses stored cookies.The goal of this technology is to better serve you when visitirg our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. far Information Values --Fairness We We consider consumer expectations about thea privacy In all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open pude record aeetes significant value for society,enhances consumer choice and creates casuner opport pity.We actively support an open public record and emphasis its importance and coneitutlon to our ecatdmy. the We believe we should behave responsibly when we use Information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where posslole,we wit take reasonable steps to correct inaccurate information. When,as with the pubic record,we carrot correct naccurate information,we wit take all reasonable steps to assist consumers in Identifying the source ti the erroneous data so that the consumer can secure the regvired corrections. Education We endeavor to educate the users of our products and services,our employees and others In our Industry about the importance of consume privacy.We will instruct our employees on our fair information values and on the responsible Cdleclion and use of data.We will encourage others in our Industry to collect and use Information In a responsible manner. Security We wit maintain appropriate facilities and systems to protect against unauthorized access to and cmuption of the data we maintain. Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) Page 1643 of 2012 Form 5011412(2-1-11) Paqe 4 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)(with Florida modifications) Issuing Office File No.: Note: All of the recording information contained herein refers to the Public Records of County, Florida , unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary. Notices- Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company, Attention: Claims Department, I First American Way, Santa Ana, CA 92707. Service, Quality and Availability First American Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll-free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints at 1-800-929-7186. Office hours are from 8:30 a.m. through 5:30 p.m. Monday through Friday. Page 1644 of 2012 Form 5011412(2-1-11) Pane 5 of 5 ALTA Owners Policy of Title Insurance(6-17-06) (with Florida modifications) SPECIFIC PURPOSE SURVEY LOCATION SKETCH AND LEGAL DESCRIPTION WILL BE USED FOR A REVOCABLE PERMIT APPLICATION, FOR WORK PROPOSED IN THE SIDEWALK AREA IDENTIFIED 1 • + • --�- • `- `11-------E---,,, fid --____ ABBREVIATIONS: ]QI` STRE - , P.O.0='DINT OF COMMENCE P.O.B=POINT OF BEGINNING Ti/ } NE =NORTREAS' `�0i N =NORTH 5 =SOUTH e 0) W =WEST ,Z, sow t4 E =FAST y oa6 =CENTER UNE r 8, ADDRESS&FOLIO: / ' QD afY 5g 224 2ND STREET,MIAMI BEACH, FL 33139 , o bK FOLIO No.02-4203-003-1250 / a * ti - LOCATION SKETCH oas SCALE"N.T.S. LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY OF 2nd STREET,OF OCEAN BEACH, FLORIDA,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2,AT PAGE 38 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHERLY CORNER OF LOT 16,BLOCK 9;THENCE RUN WITH AN ASSUME BEARING 575°00'00"E ALONG THE SOUTHERLY RIGHT OF WAY LINE OF 2nd STREET ALSO BEING THE NORTHERLY LINE OF LOT 16, FOR A DISTANCE OF 29.65 FEET TO THE POINT OF BEGINNING ,THENCE RUN N 14°47'22"E FOR A DISTANCE OF 9.65 FEET;THENCE RUN S75°00'00"E FOR A DISTANCE OF 98.30 FEET;THENCE RUN SI 5°10'55"W FOR A DISTANCE OF 9.65 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY L:NE OF 2nd STREET ALSO BEING THE NORTHERLY UNE OF LOT 16;THENCE RUN N75°00'00"W ALONG THE SOUTHERLY RIGHT OF WAY UNE OF 2nd STREET ALSO BEING THE NORTHERLY LINE OF LOT 16 FOR A DISTANCE OF 98.23 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF±948 SQ.FT. SURVEYOR'S NOTES: I.NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY JOHN SURVEYOR'S CERTIFICATION: IBARRA f ASSOCIATES,INC. I HEREBY CERTIFY:`HIS'SPECIFIC PURPOSE SURVEY'OF THE PROPERTY DESCRIBED HEREON,HAS RECENTLY BEEN SURVEYED AND DRAWN UNDER MY SUPERVISION.AND COMPUf.S WITH THE STANDARDS 2.THIS SKETCH IS BASED ON INFORMATION FURNISHED BY CLIENT OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER OR CLIENT'S REPRESENTATIVE. 5J-I 7,FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472.027,FLORIDA STATUTES. Digitally signed by JOHN A IBARRA 3.ELECTRONIC/DIGITAL SEAL NOTE 5J-17.062 .. _ -- Date:2021.07.1213:36:51 0400 Adobe 2002L005`.220048 C a0: 04/29/2021 4.NOT COMPLETE WITHOUT ALL PAGES 2 SHEETS. BY - - JOHN IBARRA (DATE OF F'ED wow 5.STATE PLANE COORDINATES ARE RELATIVE TO NAD 83/901 FLORIDA EAST ZONE PROFESSIONAL AND SURVEYOR NO.:5204 STATE of FLORIDA C.CERTIFIED TO THE CITY OF MIAMI BEACH 7. NOT A BOUNDARY SURVEY ONH leo Rq� DRAWN BY: I TB o JOHN IBARRA 8L ASSCIATES, INC. s DATE: 104/29/2021 Professional Land Surveyors da Mappers b""u'° W W W.ISARRALAND8URV EYORS.COM LBs7de6 SCALE: 1-=30' T77 N.W.72rW AVENUE 4i51 TAMIAMI TRAIL NORTH signed by JOHN A SURE 3025 aurrE s zoo IBARRA SURVEY NO: 13-002489-4 MIAMI,FLORIDA 33125 NAPLES,FL 34103 PH: (305)252-0400 PH: (239)540-2880 Date:2021.07.12 13:37:05 --� -- FAX:(305)252-0401 FAX (239)540-2664 -04'00'SHEET: 1 OF 2 Adobe Acrobat version: Paae 1645 of 2012 2021.005.20048 SPECIFIC PURPOSE SURVEY LOCATION SKETCH AND LEGAL DESCRIPTION WILL BE USED FOR A REVOCABLE PERMIT APPLICATION, FOR WORK PROPOSED IN THE SIDEWALK AREA IDENTIFIED AVENUE A -rASHINGTON- r- - - -r — -q ili 0 0 P.O.0 THE MOST NORThERLY j. %14XCORNER OF LOT (6 Vil �•` N:2970 79.7714 E:-892000.2554 30.00 U1 ' v N CD O GRAPHIC SCALE N o N 14°47'22"E -30 0 5 30 m 9.65' IDEWA LK WP.0.8-77— .O.BAREA (IN FEET) N:2970773.7045 1 INCH=30 FEET E:-8920571.2704 I ADDRESS 3 FOLIO: cn 4 LOT 15 LOT- 16 z 224 2ND STREET, MIAMI BEACH, FL 33139 BLOCK- 9 BLOCK-9 0 ° 01O FOLIO No. 02-4203-003-1250 00 O I O O O rn SURVEYOR'S NOTES: oz Cl) CD I I.NO SEARCH OF THE PUBLIC RECORDS HAS iv 0 .11 I 04.1 BEEN MADE BY JOHN IBARRA L ASSOCIATES, INC. W rn 2.THIS SKETCH 15 BASED ON INFORMATION SLY RNV UNE ,11 FURNISHED BY CLIENT OR CLIENTS NLY. LINE `H REPRESENTATIVE. I PERMIT AREA 3.ELECTRONIC/DIGITAL SEAL NOTE 5J-17.062 948 50/FT. 4.NOT COMPLETE WITHOUT ALL PAGES 2 SHEETS. ®--0 5.STATE PLANE COORDINATES ARE RELATIVE TO 5 15°I 055°W NAD 83/901 FLORIDA EAST ZONE20'ALLEY(N.A.P.) 9.65' G.CERTIFIED TO THE CITY OF MIAMI BEACH 30.00' i 7. NOTA BOUNDARY SURVEY LOT- 2 1LOT- I BLOCK-9 I BLOCK-9 I 4.i4141 DRAWN BY: i TB DATE. 04/29/2021 JOHN IBARRA 8�ASSOCIATES, INC. tLop Professional Land Surveyors d. Mappers L,,,,°, W W W.181AHRAUW DBURVEYORB.COM SCALE: 1-=30' 777 N.W.>2nd AVENUE 4881 TAMUMI TA/11L NORTH Digitally signed by JOHN A BUTTE 3025 SUIT!•zoo IBARRA SURVEY NO: II 13-002489-4 �� '•�p����'� s Fc 34103 Date:2021.07.12 13:37:21 64'00' PH: (308)282-0400 PH: (239)540-2680 Adobe Acrobat version: FAX:(305)282-0401 FAX (239)540-2664 SHEET: 2 OF 2 2021.005.2004E J Paae 1646 of 2012 L.B.#7806 SEAL