Purchase of Madeleine Village LLC 7871 Crespi Blvd., Miami Beach, Florida ao/y-a87s/
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
INTER-OFFICE MEMORANDUM
TO: Rafael Granado
City Clerk
FROM: Gisela Hanson Torres
L/\r"
Senior Assistant City Attorney
DATE: January 28, 2015
SUBJECT: City of Miami Beach purchase of Madeleine Village LLC
7871 Crespi Blvd., Miami Beach, Florida
Enclosed please find the following closing documents:
1. Original Settlement Statement
2. Copy Resolution
3. Original Satisfaction of Mortgage
4. Original Termination of Property Management Agreement
5. Original Company Affidavit
6. Original Closing Affidavit
7. Original Bill of Sale
8. Original Warranty Deed
9. Original Assignment and Assumption of Leases
10. Copy of Old Republic Title Commitment
11. Copy Sketch of Boundary Survey
GNT/mmm
Enclosures
F:ATTO\TORG\Closings\2014\CMB pf MBCDC'Madeleine\Memo to Clerk.doc
01olq-02$7S,
Amendment to Proration Agreement
January 3O 2015
The undersigned, MBCDC MADELEINE VILLAGE, LLC, a Florida limited liability company
("Seller"),whose manager and sole member is MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION, a Florida not-for-profit corporation("MBCDC"), and CITY OF MIAMI BEACH,
Florida,a municipal corporation organized and existing under the laws of the State of Florida("City")
enter into this Amended Proration Agreement as of this 3Pday of January, 2015 with respect to the
sale/purchase of the property located at 7871 Crespi Boulevard,Miami Beach,Miami-Dade County,
Florida 33141, known as the Madeleine Village Apartments("Property")and more particularly described
as follows:
Lots 26 and 27, Block 10, of BISCAYNE BEACH SUBDIVISION, according to the map or plat thereof,
as recorded in Plat Book 44, Page 67, of the Public Records of Miami-Dade County,Florida.
The undersigned parties closed on the sale and purchase of the Property on January 9, 2015; however, in
error,the parties omitted a credit for the security deposit for the tenant,Eduardo Hammes, in the total sum
of$480.00,which is being paid by Seller and Received by the City as of this date.
MBCDC MADELEINE VILLAGE, LLC, a Florida
limited liability company
By: Miami Beach Community Development
Corporation,Inc., a Florida not-for-profit
corporation, its manager and sole member Attest:
i
10
By: ( ii 3 L .l '. 1 \COL r
elkis Beatriz Cuenca-Barberio
Chairman of the Board Executive Director
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
On January"06, 2015 before me, the undersigned Notary Public, in and for the State aforesaid, personally
appeared Cornell Crews, as Chairman of Miami Beach Community Development Corporation, Inc., and
Belkis Beatriz Cuenca-Barberio, as Executive Director of Miami Beach Community Development
Corporation, Inc., as the manager and sole member of MBCDC MADELEINE VILLAGE, LLC, in the
capacity aforestated. They are personally known to me or .y. ave produced a valid Florida
driver's license as identification. f
Of /
Notary Public
My Commission Expires
[Notary Public Seal]
THE CITY OF MIAMI B •CH
Attest:
...011(1aPP
By:
Jim 1i L. Morales R,'ael E. ranaouo
City anager C ty Clerk
STATE OF FLORIDA ) Nib '•.• .�
i
COUNTY OF MIAMI-DADE ) t="
•:INCORP C'R�TEn r:;
kof
On January �O 2015 before me, the ��� ��k.��, ��'f��
ry 3 undersigned Nota i�,•in.arid'for the_,State aforesaid,
personally appeared Jimmy L. Morales, as the City Manager of th'�E ty.o"f M�ia�r`°ii LBeach Florida, and
Rafael E. Granado, as the City Clerk of the City of Miami Beach, Flon'da�'=�ifSTtle'capacity aforestated.
They are personally known to me or have produced a valid Florida driver's license as
identification.
Notary Public
My Commission Expires
[Notary Public Seal] ,,' MY COMMISSION t#FO155322
EXPIRES:August 27,2018
'4,,q O°:•'' Bonded Thru Notary Public Underwriters
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
r —cC
City Attorney l 1- D�ote
N
.; Buyer/Seller
A. Settlement Statement Settlement Statement
B. Type of Loan
Q 1.FHA Q 2.FmHA Q 3.Cony.Unins. 6.File Number 7.Loan Number 8. Mortg.Ins.Case Num.
247174-1
Q 4.V.A. Q 5.Cony.Ins.
ID:
C. NOTE:This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown.Items
marked"(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals.
D.NAME OF BUYER: City of Miami Beach,a Florida municipal corporation
Address of Buyer: 1700 Convention Center Drive,Fouth Floor,Miami Beach,Florida 33139
E.NAME OF SELLER: MBCDC Madeleine Village,LLC,a Florida limited liability company
Address of Seller: 945 Pennsylvania Ave,Miami Beach,Florida 33139 TIN:
F.NAME OF LENDER:
Address of Lender:
G.PROPERTY LOCATION: 7871 Crespi Blvd.,Florida
H.SETTLEMENT AGENT: SUZANNE A.DOCKERTY,P.A. TIN:65-0808255
Place of Settlement: 110 Merrick Way,Suite 3-B,Coral Gables,Florida 33134 Phone:
I. SETTLEMENT DATE: 1/9/15 DISBURSEMENT DATE:1/9/15
I 1:-Summary of buyer's transaction::-.- ?" l K.Summary;of seller'saransaction? E
I--100.Gross amount due;from buyer: ..» •I"400.Gross amount:due;;to;seller:
101.Contract sales price -401.Contract sales price
102.Personal property -402.Personal property
103.Settlement charges to buyer(Line 1400) 18,143.89 403.
104. -404.
105. -405.
I`-Adjustments'fonitems paid-by seller'in:advance'. :.:. I-:Adjustments fo:itemsrpaid by`seller in.advance
106.City/town taxes -406.City/town taxes
107.County taxes -407.County taxes
108.Assessments -408.Assessments
109. -409.
. 110. -410.
411.
.=
-412.
120.Gross amount due from buyer: 18,143.89 420.Gross amount due to seller: 0.00
1',200:Amounts-paid or in behalf of buyer::'. r 500:;Reductions in'amount due`toseller:'e'" 2- _: s ::- t
201.Deposit or earnest money 501.Excess deposit(see instructions)
202.Principal amount of new loan(s) -502.Settlement charges to seller(line 1400)
203.Existing loan(s)taken subject to -503.Existing loan(s)taken subject to
204.Principal amount of second mortgage -504.Payoff of first mortgage loan
205. 505.Payoff of second mortgage loan
206. -506.Deposits held by seller
207.Principal amt of mortgage held by seller -507.Principal amt of mortgage held by seller
208. -508.
209. 509.
�•.,.,
C',Adjustments,for.'items,unpaitl•byseller .:�:: ..:.:.r_ � .:":. `.Adjustments-lot items unpaid['by'�seller=�`r� �: ..--.��:", _•..�. �.:`°'•:� �"a�'•:
210.City/town taxes 510.City/town taxes
211.County taxes -511.County taxes
212.Assessments -512.Assessments
213.Tenant Deposits 6,364.00 513.Tenant Deposits 6,364.00
214.Rent Credit 2,137.36 514.Rent Credit 2,137.36
215. -515.
216. -516.
217. -517.
218. -518.
219. -519.
220.Total paid by/for buyer: 8,501.36 520.Total reductions in amount due seller: 8,501.36
I;300:•Cashataettlementfromlto•buyer• .600.:Cash'arsettlementtolfrom seller. ._s� � <.•,:=,r,..y
301.Gross amount due from buyer 18,143.89 601.Gross amount due to seller 0.00
(line 120) (line 420)
302.Less amount paid by/for the buyer (8,501.36) 602.Less total reductions in amount due seller (8,501.36)
(line 220) (line 520)
303.Cash( 0 From ❑To )Buyer. 9,642.53 603.Cash( ❑To 0 From )Seller: 8,501.36
Substitute Form 1099 Seller Statement: The information contained in blocks E,G,H,and I and on line 401 is important tax information and is being
furnished to the IRS. If you are required to file a return,a negligence penalty or other sanction will be imposed on you if this item is required to be reported and
the IRS determines that it has not been reported.
Seller Instructions: If this real estate was your principal residence,file Form 2119,Sale or Exchange of Principal Residence,for any gain,with your tax
return;for other transactions,complete the applicable parts of Form 4797,Form 6262 and/or Schedule D(Form 1040).
Buye Initial(s): Selle s Initial(s): '°ft
•
JJJ DoubleTime®
1
Buyer/Seller Settlement Statement Page 2
L.;Settlement,chargeS:..:`' ' "Buyer POC:°Seller POC,;
Paid from Paid from
700.Total Sales/Brokers Corn.based on price $836,537.00 @ %= Buyer's Seller's
701. %to Funds at Funds at
Settlement Settlement
702. %to
703. Commission.aid at settlement
704. to
800'items•pavable`in connection°with-loan- := , °? ? :.:BuyerPOC'Seller
P..00
801. Loan origination fee %to
802. Loan discount %to
803. Appraisal fee to
804. Credit report to
805. Lender's inspection fee to
806. Mortgage insurance application fee to
807. Assumption Fee to
808. to
809. to
810. to
811. to
I.'900.Items,required-by tender.to'be paid..in adv 3nce t !_;`' . Buyer POC:Seller
901.Interest from to @ /day
902.Mortgage insurance premium for months to
903.Hazard insurance premium for years to
904.Flood insurance premium for years to
905. years to
I•1000.•Reserves,deposited'with lender: s, r .
1001.Hazard insurance months @ per month
1002.Mortgage insurance months @ per month
1003.City property taxes months @ per month
1004.County property taxes months @ per month
1005.Annual assessments months @ per month
1006.Flood insurance months @ per month
1007. months @ per month
1008. months @ per month
1009.Aggregate accounting adjustment
1100:Title'charpes:, POC•.;Seller
1101.Settlement or closing fee to
1102.Abstract or title search to SUZANNE A.DOCKERTY,P.A. 300.00
1103.Title examination to
1104.Title insurance binder to
1105.Document preparation to
1106.Notary fees to
1107.Attorney's Fees to
(includes above item numbers: )
1108.Title Insurance to Old Republic Nat.Title/SUZANNE A.DOCKERTY 4,925.00
(includes above item numbers: )
1109.Lender's coverage(Premium): s
M1
1110. Owner's coverage(Premium): $970,000.00($4,925.00) w`sue ' `
1111. Endorse:
1112. Courier/Fed Ex Fee to SUZANNE A.DOCKERTY,P.A. 45.00
1113.Wire Fee to SUZANNE A.DOCKERTY,P.A. 35.00
l 1200.,Government:recording-and transfer charges
1201.Recording fees Deed $18.50 Mortgage(s) Releases $18.50 37.00
1202.City/county tax/stamps Deed $4,365.00 Mortgage(s) 4,365.00
1203.State tax/stamps Deed $5,820.00 Mortgage(s) 5,820.00
1204. to
1205. to
BuyerPOC°�Seller POC
I:.1300�'Additional'settlement;;charges,t`:°� '"�: �• 't``
1301.Survey to American Services of Miami,Corp. 695.00
1302.Architectural Fee to Klein Design Group 1,500.00
1303.Waste to Waste Management 421.89
1305. to ==
1305. to
1306. to -_-
1307. to
1308. to
1309.
1'400.Total.settlemenfcharge`s.. s:, ". `` ;i�:;
Enter on lines 103 Section J and 502,Section K 18,143.89 0.00
yer's Initial(s): Seller's Initial(s): ,e4J-/t.,
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. 1
BUYER/SELLER
SETTLEMENT STATEMENT ADDENDUM
File Number: 247174-1
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction.I further
certify that I have received a copy of the Settlement Statement.
Buyer(s)
City of Miami Beac•
a Flori.'a municipal - --
1
By: li �
� —
Jli, y L. M. ales
(Corporate Seal)
Seller(s)
MBCDC Madeleine Village, LLC
a Florida .'mited liab'lity company
/ /.
By: Ar L_ .
1 C.ews
By: riOk 1 ' 0 if\CA.:136.1
Belkis Beatriz Cuenca-Barberio
(Corporate Seal)
Settlement Agent
The Settlement Statement which I have prepared is a true and accurate account of this transaction. I have
caused or will cause the funds to be disbursed in accordance with this statement.
SUZANNE A. DOCKERTY, P.A.
By: Date: //9A-5
/-5
•
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
('-_---/-tjZ- ;A 1 - °l - (5
City Attorney joR., Date
WARNING:It is a crime to knowingly make false statements to the United States on this or any other similar form.
Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S.Code Section 1001
and Section 1010.
DoubleTime®
I
Prepared by and return to:
Suzanne A. Dockerty
Attorney at Law
SUZANNE A. DOCKERTY,P.A.
110 Merrick Way Suite 3-B
Coral Gables,FL 33134
RESOLUTION OF
MBCDC: Madeleine Village,LLC,a Florida Limited Liability Company and
Miami Beach Community Development Corporation,Inc.,a Florida Not-For-Profit Corporation
The undersigned certifies that at a meeting of all of the members and directors of MBCDC: Madeleine
Village, LLC, a Florida Limited Liability Company and Miami Beach Community Development
Corporation, Inc., a Florida Not-For-Profit Corporation held on January g , 2015, the following
resolution was duly adopted and voted, and it is in full force and effect and has not been rescinded or
countermanded as of the date hereof:
RESOLVED, that Cornell Crews, as Chairman of Miami Beach Community Development Corporation, Inc.,
a Florida not-for-profit corporation, is hereby authorized and directed to solely execute and deliver any and
all such instruments, agreements, and such other documents and take such other action on behalf of Miami
Beach Community Development Corporation, Inc., a Florida not-for-profit corporation as Manager and Sole
Member of MBCDC: Madeleine Village, LLC, a Florida limited liability company, as may be necessary or
appropriate to close on the sale of the property in Exhibit "A" attached hereto and made a part hereof to the
City of Miami Beach, a Florida municipal corporation, including but not limited to Warranty Deed. Bill of
Sale, Closing Affidavit, Assignment and Assumption of Leases, Settlement Statement, and to otherwise carry
out the transaction contemplated by or to be taken by Miami Beach Community Development Corporation;
Inc., a Florida not-for profit corporation as Manager and Sole Member of MBCDC: Madeleine Village, LLC,
a Florida limited liability company. All documents shall be in such form as is deemed in the best interest of
Miami Beach Community Development Corporation, Inc., a Florida not-for-profit corporation as Manager
and Sole Member of MBCDC: Madeleine Village, LLC, a Florida limited liability company in the opinion of
Cornell Crews, Chairman, whose determination thereof shall be conclusive and final.
CERTIFIED TO this day of January,2015.
Miami Beach Community Development
Corporation, Inc., a Florida not-for profit
corporation
,gAitulczla,,dcv.}1/4„,io 1 dill
it
Witness Name: ,it-rt C,e ..r,e t.— Cjo.rlye.-r,:,1 By: Jo • ,:i undsson, Secretary
MI
Witness Name: v v1V1ei,. Jv1 mac'
State of Florida
County of Miami-Dade
The foregoing instrument was acknowledged before me this day of January,2015 by Jo Asmundsson,
Secretary of Miami Beach Community Development Corporation, Inc., a Florida not-for-profit corporation, on
behalf of said corporation. She [ ' 's personally know to me or [ ] has p duced a driver's license as
identification.
l ..L, -,,------ .
[Notary Seal] No . P lic
Florida r4wt CI t 1.C-e C '
e . Notary Public Stale Printed Name
4.46
Bianga Fonseca
My COmml$$10m FF 154995
Expire$09119/Z018
•
Exhibit"A"
Legal Description
Lots 26 and 27, Block 10, Biscayne Beach, according to the map or plat thereof as recorded in Plat
Book 44,Page 67,Public Records of Miami-Dade County,Florida.
Parcel identification Number: 02-3202-008-2400
I hereby certify that
th.t ;is a true copy of
i
Prepared by and return to:
Suzanne A. Dockerty
Attorney at Law
SUZANNE A.DOCKERTY,P.A.
110 Merrick Way Suite 3-B
Coral Gables,FL 33134
File Number:247174-1
[Space Above This Line For Recording Data]
SATISFACTION OF MORTGAGE
Witnesseth: That City of Miami Beach, a Florida municipal corporation the owner and holder of a certain mortgage
deed executed by Miami Beach Community Development Corporation, a Florida not-for-profit corporation to City of
Miami Beach, a Florida municipal corporation dated January 29, 2010, and recorded in Official Records Book 27170,
Page 2725, as modified in O.R. Book 27586, Page 147 and in O.R. Book 27792, Page 2672, all in the Public Records of
Miami-Dade County, Florida, securing one or more notes in the original principal sum of 52,376,181.53, and certain
promises and obligations set forth in the mortgage deed,upon the following described land,to-wit:
Lots 26 and 27, Block 10, Biscayne Beach, according to the map or plat thereof as recorded in Plat
Book 44,Page 67,Public Records of Miami-Dade County, Florida.
Parcel Identification Number: 02-3202-008-2400
hereby acknowledge(s) full payment and satisfaction of said note(s) and mortgage deed, and surrender(s) the same as
cancelled, including the release of all Restrictive Covenants contained therein, and hereby direct(s) the Clerk of the said
Circuit Court to cancel the same of record.
In Witness Whereof,the said corporation has caused these presents to be executed in its name, and its corporate seal to
be hereunto affixed,by its proper officer(s)thereunto duly authorized,on January ,2015.
Signed,sealed and delive =I in our presence: City of iami Beach, Florida municipal corporation
B tlma—mm=1i r
Witness :me: PAP,an ZJAMT/ts 1
/ Print Na p e: Jimmy L. Morales
/ VS6 / 71v#7ffi
Title:" City Manager
,�
Witness Name: di J“ fv,,,Ackfra
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me on this / day of January, 2015 by
Zak gt{j L• Ai 0)Z4-c$ as Clv-y itl rtivn"l-6K- (title) of City of Miami Beach, a Florida municipal
corporation, on behalf of the corporation, [ ] being personally known to me o ] having produced a Driver's license(s) as
identification.
/‘/VA#1
[Notary Seal] Notary Public
Printed Name:
APPROVED AS TO My Commission Expires:
FORM & LANGUAGE
&FOR EXECUTION 4).0::;lyt, GISELA NANSON TORRES
4 ;� MY COMMISSION#EE 150933 DoubleTime"
g, ' ‘rj ''.Tii". a EXPIRES:April 6,2016•
•.�•� 140 pke Bonded Thu Budget Notary Services
City Attorney jib Date
TERMINATION OF PROPERTY MANAGEMENT AGREEMENT
THIS TERMINATION OF PROPERTY ,MANAGEMENT AGREEMENT ("Termination
��
Agreement") is made and entered into as of the day of January, 2015, by and between MBCDC
MADELEINE VILLAGE, LLC, a Florida limited liability company ("Seller"), and MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, a Florida not-for-profit corporation("MBCDC").
WITNESSETH:
WHEREAS, contemporaneously with the execution hereof, Seller has transferred to the City of
Miami Beach certain real property located at 7871 Crespi Boulevard, Miami Beach, Miami-Dade County,
Florida, known as the Madeleine Village Apartments(the "Property"); and
WHEREAS, Seller and MBCDC have previously entered into a Property Management
Agreement, dated as of September 30, 2014, for the operation and management of the Property
("Management Agreement"), a copy of which is attached hereto and incorporated herein by reference as
Exhibit"A"; and
WHEREAS, Seller and MBCDC wish to terminate said Management Agreement.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby
acknowledged,the parties hereby covenant and agree as follows:
1. Seller and MBCDC hereby agree to terminate the Management Agreement.
2. Seller and MBCDC warrant and represent that all obligations under the Management
Agreement have been fulfilled as of this date.
3. Seller and MBCDC warrant and represent that there are no pending, executory contracts
pursuant to the Management Agreement.
4. Seller and MBCDC warrant and represent that there are no outstanding balances which
are due and owing to any vendors, contractors, suppliers or any other lienholders
pursuant to said Management Agreement.
5. Seller and MBCDC acknowledge that the City of Miami Beach is a third party
beneficiary under this Termination Agreement and further shall hold the City of Miami
Beach harmless and fully indemnify it (including but not limited to attorneys' fees,
whether suit be brought or not, and at trial and all appellate levels, and court costs and
other litigation expenses)with respect to the matters set forth herein.
6. Any suit, action or proceeding seeking to enforce any provision of or based on any matter
arising out of or in connection with this Termination Agreement shall be settled
according to Florida law and venue for any action in connection with this Release
Agreement shall be in Miami-Dade County, Florida. This Termination Agreement shall
be governed by, and construed in accordance with, the laws of the State of Florida,
without regard to principles of conflict of laws. The exclusive venue for any litigation
arising out of this Termination Agreement shall be Miami Dade County, Florida, if in
state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS TERMINATION AGREEMENT, SELLER AND MBCDC
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
RELEASE AGREEMENT.
{28298849;1}
7. In the event of any litigation arising from this Release Agreement the prevailing party
shall be entitled to recover attorney's fees and costs incurred therewith.
IN WITNESS WHEREOF, the duly authorized representatives of Seller and MBCDC have
caused this Termination Agreement to be properly executed under seal as of this day and year first above
written.
MBCDC MADELEINE VILLAGE, LLC, a Florida
limited liability company
By: Miami Beach Community Development
Corporation,Inc., a Florida not-for-profit
Corporation, its manager and sole member
Attest:
By: 1g /' .�► y1C� �\y 7
Co - r- � �:elkis Beatriz Cuenca-Barberio
C airman of the Board Executive Director
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION, INC., a Florida not-for-profit
Corporation
Attest:
By: , . ��! ! • V
C. 1 RE!. :elkis Beatriz Cuenca-Barberio
Chairman of the Board Executive Director
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On January 4, 2015 before me,the undersigned Notary Public, in and for the State aforesaid, personally
appeared Cornell Crews, as Chairman of Miami Beach Community Development Corporation, Inc., and
Belkis Beatriz Cuenca-Barberio, as Executive Director of Miami Beach Community Development
Corporation, Inc., on its behalf and as the manager and sole member of MBCDC MADEi,F,INE
VILLAGE, LLC, in the capacity aforestated. They are personally known to me or have
produced a valid Florida driver's license as identification. 7/7
Cjia Mint ( #'
Notary Public
My Commission Expires
[Notary Public Seal]
APPROVED AS TO
FORM & LANGUAGE
6°.".•P"8e. GISELA NANSON TORRES
*mo t i•}: . MY COMMISSION#EE 150933 & FOR EXECUTION
r ' EXPIRES:April 6 2016 C t5
{28298849;1} 4reoiv‘.e Bonded Thru Budget Notary Services
City Attorney Date
PROPERTY MANAGEMENT AGREEMENT
Between
MBCDC:Madeleine Village LLC Owner,and
and
Miami Beach Community Development Corporation,Agent
THIS PROPERTY MANAGEMENT AGREEMENT("Agreement")is entered into by and between MBCDC: Madeleine
Village, LLC ("Owner"), and Miami Beach Community Development Corporation ("Agent") both of which are
Florida limited liability companies. Owner desires to contract with Agent to provide property management
services. In consideration of the covenants and agreements below,the parties agree as follows:
Article I: Definitions
'The following definitions reflect the terms as used in this agreement:
(a) "Fiscal Year"is the year ending September 30th.
(b) "Gross Collections" are all amounts actually collected by Agent as rents but excluding Tenant
Deposits.
(c) "Lease" is any rental agreement whereby Owner has agreed to let and Tenant has agreed to
accept a Rental Unit in the Property identified in the Lease in accordance with the terms of the
Lease. The form of Lease entered into by a Tenant must meet the requirements set forth in
Section 4.3(d)and have attached thereto the form of lease rider described in Section 4.3(e).
(d) "Operating Account" is an account In Agent's name on behalf of the Owner designated of
record.The account name should identify the Property and be approved in writing by Owner,at
such financial institution as Owner may specify from time to time in writing.
(d) "Operating Budget"is annual operating budget approved by the Owner.
(e) "Property"is the real property located at located at 7871 Crespi Blvd Miami Beach FL
(f) "Property Requirements" are the leasing and other requirements communicated in writing to
the Agent by the Owner in connection with its ownership of the Property
(g) "Rent" is the monthly amount that a Tenant is obligated to pay Owner pursuant to the terms of
a Lease.
(h) "Rental Unit"is a dwelling unit in the Property rented and to be rented to residential Tenants.
(i) "Tenant"is one or more persons occupying a Rental Unit pursuant to a Lease.
(j) "Tenant Deposit" is any security deposit, cleaning deposit, prepaid rent deposit, or other sum
advanced by a Tenant under terms that may require repayment by Owner or application against
1 EXHIBIT
a
a future liability of such Tenant.
Article 2: Appointment and Acceptance
The Owner appoints the Agent for the management of the Property, and the Agent accepts the appointment,
subject to the terms and conditions set forth in this Agreement.
Article 3: Term and Termination
3.1 The duties of the parties to perform under this Agreement shall commence on October 1,2014.
3.2 This Agreement shall continue until one year after the Commencement Date. After that one year
period this Agreement will continue until terminated by 90 days written notification given by either party
Article 4: Services of Agent
4.1 Agent shall offer for lease and shall lease the Rental Units in the Property in accordance with all written
instructions from the Owner or written policies adopted by the Owner. Pursuant to its responsibilities, Agent
shall:
(a)-- use all reasonable efforts-to-market--the Rental Units —
(b) Maintain a current list of acceptable prospective tenants and undertake all arrangements
necessary and incidental to the acceptance of rental applications and the signing of Leases.
Agent shall market the rental units in accordance with any affirmative fair housing marketing
plans adopted by the Owner (if any) and shall maintain records of the marketing activity for
compliance review purposes.Agent shall exercise its best efforts (including, but not limited to,
placement of advertising, interview of prospective Tenants, assistance and counseling in
completion of rental applications and signing of Leases, processing of documents and credit
and employment verifications, etc)to effect the leasing of the Rental Units and the renewal of
leases in accordance with the terms of each lease and the requirements so that the Property is
occupied as fully as possible.
(c) Show rental units in the Property to all prospective tenants.
(d) Take and process applications and application fees for rentals, including interviewing and
screening prospective tenants to determine if they meet the Owner's requirements.Applicants
shall be selected from the waiting list in chronological order. If an application is rejected, the
applicant shall be advised in writing of the reason for rejection. If the rejection is based on
information from a credit bureau, the source of the report must be revealed to the applicant
pursuant to the Fair Credit Reporting Act. The rejected application, together with the written
notice of the rejection and any other related correspondence, shall be kept on file for three
years following the rejection.
(e) Agent shall lease Rental Units only to Individuals or families who meet the criteria
communicated to the Agent by the Owner(including any relevant Tenant income limits).
2
(f) Agent shall use a lease form approved by the Owner.
(g) Certify or re-certify Tenants as to their income and assets as may be required by the Owner.
(h) All leases shall be in the Owner's name with the Agent being authorized to sign on behalf of
the Owner's as its agent.
(i) Collect,deposit,and disburse tenant deposits,if required,in accordance with the terms of each
Lease and Article 8 hereof.
(j) Participate with the Tenant in the inspection of each rental unit identified in the Lease prior to
move-in and upon move-out, and record in writing any damage to the Rental Unit at the time
the Tenant moved in and any damage occurring during the Tenant's occupancy.
4.2 Agent shall collect, when due, all rents, charges and other amounts receivable on Owner's account in
connection with the management and operation of the Property. Such receipts shall not be commingled with
other funds and shall be deposited and held in the Operating Account in accordance with the provisions of
Article 8 herein.
4.3 Agent shall secure full compliance by each Tenant with the terms of such Tenant's lease and in a
manner consistent with the Landlord-Tenant laws governing the Property. Agent may,and shall if requested by
- Owner, lawfully terminate any-tenancy when,in-Agent's-judgment,-sufficient-cause for such termination occurs
under the terms of Tenant's Lease,including, but not limited to, nonpayment of rent. For this purpose,Agent is
authorized to consult with legal counsel to be designated by Owner and bring actions for eviction and execute
notices to vacate and judicial pleadings incident to such actions; provided, however, that Agent shall keep
Owner informed of such actions and shall follow such instructions as Owner may prescribe for the conduct of
any such action. Reasonable attorney fees and other necessary costs incurred in connection with such actions,
as determined by Owner, shall be paid out of the Operating Account. Agent shall properly assess and collect
from each Tenant or the Tenant Deposit the cost of repairing any damages to a Rental Unit arising during the
Tenant's occupancy.
4.4 The Agent will ensure that the Property is maintained and repaired in accordance with the Owner's
specifications and any relevant state and local health and building codes.The Agent shall, at Owner's expense,
maintain the Property in a decent,safe,and sanitary condition. The Agent will ensure that the site will be kept
in a condition acceptable to the Owner, including but not limited to cleaning, painting, decorating, plumbing,
carpentry, grounds care, and such other maintenance and repair work as may be necessary. The following
provisions will apply:
(a) Special attention shall be given to preventive maintenance.
(b) Subject to Owner's prior written approval, Agent shall contract with qualified Independent
contractors for the maintenance and repair of major mechanical systems, and for the
performance of extraordinary repairs beyond the capability of regular maintenance personnel.
Prior to commencement of any work Agent shall obtain appropriate written evidence of such
contractor's liability and worker's compensation insurance.
(c) Agent shall systematically and promptly receive and investigate all service requests from
3
Tenants, take such action thereon as may be justified, and keep records of the same.
Emergency requests shall be serviced on a 24-hour basis. Complaints of a serious nature shall
be reported to Owner after investigation. At Owner's request, Owner shall receive all service
requests and the reports of action thereon.
(d) Agent shall take such action as may be necessary to comply with any and all orders and
requirements of federal, state, county, and municipal authorities and of any board of fire
underwriters, insurance companies,and other similar bodies pertaining to the Property.
(e) Except as otherwise provided in this Section, Agent is authorized to purchase, at Owner's
expense, all materials,equipment,tools,appliances, supplies and services necessary for proper
maintenance and repair of the Property. Agent shall obtain bids for all contracts, materials,
supplies, utilities, and services exceeding 31,000.00 for those items that can be obtained from
more than one source. Agent shall secure and credit to Owner all discounts, rebates, or
commissions obtainable with respect to purchase, service contracts, and all other transactions
on owner's behalf.
(f) Notwithstanding the foregoing, the prior written approval of Owner will be required for any
contract that exceeds one year in duration, or expenditure that exceeds$5,000.00 in any one
instance for labor,materials,or otherwise in connection with the maintenance and repair of the
Property, except for emergency repairs involving manifest danger to persons or property, or
required to avoid suspension of any necessary service to the Property.
(g) in the event of emergency repairs, Agent shall notify Owner promptly, and in nu event later
than 72 hours from the occurrence of the event.
4.5 Agent shall make arrangements for water, electricity, gas, fuel, oil, sewage, and trash disposal, vermin
extermination,decoration of common areas,laundry facilities,telephone services,and other necessary services
in connection with the Property. Subject to Owner's prior written consent as may or may not be required in
Article 4,Agent shall make such contracts as may be necessary to secure such utilities and services.
4.6 Disbursements from the Operating Account shall be made in accordance with the Operating Budget. In
the event that the balance in the Operating Account is at any time insufficient to pay disbursements due and
payable,Agent shall promptly inform Owner of the fact and Owner may then remit to Agent sufficient funds to
cover the deficiency. In no event shall Agent be required to use its own funds to pay such disbursements or be
liable for any losses,costs,or damages arising out of Owner's failure to cover the deficiency.
4.7 Operating Budget.
(a) Agent shall prepare a recommended annual operating budget and projected rental rates for the
Property for each Fiscal Year during the term of this Agreement. Agent shall submit the annual
operating budget to Owner at least 90 days before the beginning of such Fiscal Year. The
proposed budget shall be subject to approval by Owner. Owner shall inform Agent of any
changes incorporated in the approved operating budget within 45 days after receipt from
Agent.
(b) The annual operating budget shall include a schedule of recommended rents to be charged for
each Rental Unit, including recommended Rent increases with respect to Lease renewals and
4
new Leases. The recommended rents shall be in compliance with the Property Requirements,
including consideration of changes in median family income and utility allowances.
(c) In preparing each proposed annual Operating Budget, Agent shall use its best efforts to take
into account anticipated increases in real estate taxes,utility charges,and other operating costs.
To the extent feasible, Agent shall support anticipated increases in real estate taxes and utility
charges with written evidence or documentation.
(d) At the same time Agent prepares the annual Operating Budget,Agent shall prepare for Owner's
approval an assessment of the capital needs of the Property for the coming year and for the
two years following the coming year.
(e) Agent shall make no expenditures in excess of the amounts in the approved operating budget,
for each line item of operation expense itemized,without the prior written approval of Owner,
except as permitted pursuant to Article 4 for emergency repairs involving manifest danger to
persons or property,or required to avoid suspension of any necessary services to the Property.
4.8 Escrow and Tax Payments; Property Tax Exemption: - If required by the terms of a mortgage
encumbering the Property, Agent shall make monthly escrow payments required under the mortgage loan for
the purpose of funding insurance,tax, and such other reserve or escrow accounts from funds collected. Agent
shall promptly present tax bills and insurance premium notices to the escrow agent for payment and shall
furnish Owner with evidence of timely payment of such taxes and insurance premiums, and of timely payment
of mortgage and escrow payments.
4.9 Agent shall acquire and keep in force at Owner's expense any and all licenses and permits required for
the operation of the Property as rental housing.
4.10 Agent shall prepare and provide reports reasonably required by the Owner(such as monthly occupancy
reports, Property's balance sheets, monthly budgeted and actual income and expense reports, and tenant
eligibility reports,etc.)
4.11 Agent shall establish and maintain a system,of records, books, and accounts in a manner reasonably
satisfactory to the Owner. Agent shall establish Tenant files containing copies of Leases, certification forms,
notices, and other documentation reasonably required by Owner. All records, files, books, and accounts shall
be subject to examination at reasonable hours upon reasonable notice by any authorized representative of
Owner.
Artide 5: Management Authority
5.1 Agent's authority is expressly limited to the provisions contained herein. Owner expressly withholds
from Agent any power or authority to make any structural change in the Property or to make any other major
alterations or additions in or to the Property or fixtures or equipment therein, or to incur any expense
chargeable to Owner other than expenses related to exercising the express powers granted to Agent by the
terms of this Agreement,without the prior written consent of Owner.
5.3 Agent shall comply fully with all federal, state, county, municipal and special district laws, ordinances,
5
rules, regulations, and orders relative to the leasing, use, operation, repair, and maintenance of the Property.
ion of any such law, ordinance, rule, or regulation which comes to its
Agent shall promptly remedy any violation y g
attention and shall notify Owner by the end of the next business day after Agent becomes aware of any
violation for which Owner may be subject to penalty. Agent shall take no action so long as Owner is contesting
or has affirmed its intention to contest any such order or requirement.
5.4 In the performance of its obligations under this agreement,the Agent will comply with the provisions of
any Federal, State, or local Fair Housing law prohibiting discrimination in housing or employment on the
grounds of race, color, religion, sex, familial status, National origin, or handicap, and other nondiscrimination
laws such as Title VI of the Civil Rights Act of 1964 (Public law 88-352, 78 Stat. 341), Section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, and the Americans with Disabilities Act,as
applicable.
5.5 Agent shall maintain as confidential any financial information obtained from or about Owner,even after
termination of this Agreement.
Article 6: Insurance and Indemnification
6.1 Except as expressly provided to the contrary herein. the obligations and duties of Agent under this
Agreement shall be performed as agent of Owner, but Agent shall be personally liable for its breaches of this
Agreement and for damages and costs(including reasonable attorney fees)resulting from Agent's negligence or
misconduct.
6.2 Insurance.
(a) Agent shall obtain and keep in force such forms and amount of insurance as required by the
Owner with insurance companies satisfactory to Owner. Such insurance shall include but is not
limited to, fidelity insurance, workers compensation insurance, insurance against physical
damage (e.g.,fire and extended coverage endorsement, boiler and machinery,etc.) and against
liability for loss (including loss of income due to business interruption), damage, or injury to
property or persons which might arise out of the occupancy, management, operation or
maintenance of any part of the Property. Agent shall provide a copy of such insurance policies
to Owner.
(b) Agent shall be named as an additional insured while acting as agent for Owner in all liability
insurance maintained with respect to the Property.
(c) Agent shall investigate and promptly furnish to Owner full written reports of all accidents,
claims,and potential claims for damages relating to the Property, and shall cooperate fully with
Owner's insurers,regardless of whether the insurance was arranged by Agent or others.
(d) Agent shall furnish whatever readily available information is requested by Owner for the
purpose of obtaining insurance coverage, and shall aid and cooperate in every reasonable way
with respect to such insurance and any loss.
6.3 Indemnification
(a) To the extent permitted by law, Agent agrees to defend, indemnify and save harmless teh
6
Owner from and against all claims, investigations, and suits with respect to (I) any alleged or
actual violation of state or federal labor, discrimination or other laws pertaining to agent's
employees, it being expressly agreed and understood that as between Owner and Agent, all
persons employed in connection with the Property are employees of Agent, not Owner; or(ii)
Agent's breach of this Agreement or its negligence or misconduct.
(b) To the extent permitted by law, Owner agrees to defend, indemnify, and save harmless Agent
from and against all claims, investigations and suits in connection with the Property, provided
that such claims, investigations and suits are attributable to bodily injury, sickness, disease, or
death,or to injury to or destruction of tangible property,and such claims and suits arise,or are
alleged to arise, in whole or in part out of any negligent act or omission of Owner, its officers,
employees, or agents. Owner agrees to include Agent as an additional insured in Owner's
public liability policy with respect to the Property, but only while Agent is acting as real estate
manager for Owner under this Agreement. Owner shall provide Agent with a certificate of
insurance evidencing such liability insurance and providing not less than ten days' notice to
Agent prior to cat eiiatiuii.
(c) The indemnity obligations contained in this Agreement shall survive the termination of this
Agreement.
Article 7: Owner's Right to Audit
7..1 Owner-reserves the right.to conduct or-to appoint others to conduct examinations,at Owner's expense, —
without notification, of the books and records maintained for Owner by Agent and to perform any and all
additional audit tests relating to Agent's activities hereunder.
7.2 Should Owner's employees or appointees discover either weaknesses in internal control or errors in
record keeping, Agent shall correct such discrepancies either upon discovery or within a reasonable period of
time. Agent shall inform Owner in writing of the action taken to correct such audit discrepancies.
Artlde 8: Remittance of Funds
8.1 Agent shall deposit immediately upon receipt all Rents,Gross Rents, Gross Collections and other funds
collected from the operation of the Property, including any and all advance funds, in a bank account approved
by Owner. Such account shall be in the name of the Agent for the benefit of Owner.
8.2 Agent shall deposit immediately upon receipt all Tenant Deposits in a separate bank account approved
by Owner. Such account shall be in the name of the Agent for the benefit of Owner.The amount of each Tenant
Deposit shall be held by Agent in an account, separate from all other accounts and funds. Interest on Tenant
Deposits shall be paid according to State law and Agent shall maintain detailed records of all Tenant Deposits
and such records shall be open for inspection by Owner's employees or appointees.
8.3 Any disbursements made by Agent pursuant to this Agreement shall be made out of the Operating
Account,except as otherwise designated as expenses of the Agent. Owner agrees to make necessary operating
funds available to Agent. Agent shall not be obligated to make any advance to the Operating Account or to pay
any amount except out of funds in the Operating Account, nor shall Agent be obligated to incur any
extraordinary liability or obligation unless Owner shall furnish Agent with the necessary funds for the discharge
thereof. If Agent shall voluntarily advance any amount of its own funds on behalf of Owner for the payment of
any obligation or necessary expense connected with the maintenance or operation of the Property or
otherwise,Owner shall reimburse Agent therefor within a reasonable time after demand.
8.4 Notwithstanding any of the foregoing provisions or any similar provisions that follow,the prior written
approval of the Owner will be required for any expenditure which exceeds $5,000.00 in any one instance for
litigation involving the project,or labor, materials,or otherwise in connection with the maintenance and repair
of the Property (including withdrawals from the replacement reserve to fund maintenance and repair of the
Property). This limitation is not applicable for recurring expenses within the limits of the Operating Budget or
emergency repairs involving manifest danger to persons or property,or that are required to avoid suspension of
any necessary service to the project. In the latter event, the Agent will inform the Owner of the facts as
promptly as possible.
Article 9: Agent Compensation
The Owner agrees to pay Agent $2209/month as compensation for the services set forth in this Agreement.
The Owner shall pay this amount to the Agent not later than the fifteenth (15) day of month following the
month upon which the amount was calculated unless otherwise agreed by the parties.
Article 10:Termination
10.1 This Agreement shall be terminated automatically and immediately upon destruction, condemnation,
or transfer of ownership of the Property by Owner.
10.2 This Agreement may be terminated by mutual written consent of Agent and Owner
10.3 This Agreement shall terminate upon the occurrence of any of the following circumstances,which shall
be considered a default:
(a) The filing of a voluntary or involuntary petition of bankruptcy in the United States Bankruptcy
Court by either Owner or Agent;
(b) The failure of Agent to perform,keep,or fulfill any of its duties or to comply with the covenants,
undertakings,obligations,or conditions set forth in this Agreement,and the continuance of any
such default for a period of 30 days after written notice of such failure (except in the event of
Agent's misconduct,in which case no notice shall be required).
(c) The failure of Owner to make available sufficient funds to maintain the Property in compliance
with applicable state and local laws, and such failure to provide funding continues for a period
of 30 days after Agent provides Owner with written notice of the need for such funds.
Upon any such event of default, the non-defaulting party may, without prejudice to any other recourse at law
that it may have,give to the defaulting party notice terminating this.
10.4 Within five days after the termination of this Agreement, Agent shall close all accounts and pay the
balances or assign all certificates of deposit regarding the Property to owner. Within ten days after the
termination of this Agreement, Agent shall deliver to Owner all plans and surveys of the Property in its
possession and all books and records, keys, reports, files, Leases, contracts, and all other written material and
property concerning the Property. Within 30 days after the termination of this Agreement,Agent shall submit
8
to Owner all reports required under Section 4.14 hereof to the date of such termination,and Agent and Owner
shall account to each other with respect to all matters outstanding as of the date of termination. Upon Owner's
request, Agent shall assign to Owner all contracts requested by Owner concerning the Property, to the extent
permitted by such contracts, and shall cooperate(at no expense to Agent) with Owner in connection with the
transition to a new manager.
10.5 Upon termination of this Agreement for any reason, Agent shall deliver to Owner immediately upon
termination(or upon Agent's subsequent receipt or acquisition)the following with respect to the Property:
(a) Any Tenant Deposits or other monies belonging to Owner held by Agent on Owner's behalf;and
(b) All records, contracts, Leases, receipts for deposits, unpaid bills, and other papers or
documents relating to the Property.
Article 11:Miscellaneous
11.1 Special Power of Attorney. Owner authorizes Agent as attorney-in-fact for Owner to enter into and
execute Leases and rental agreements with respect to the Property on forms approved by Owner, to collect
rents and other funds due Owner in Agent's name on Owner's behalf and to establish and make deposits into
and withdrawals from the Tenant Deposit Account and the Operating Account in accordance with the terms of
this Agreement.
11.2 Entire Agreement. This Agreement constitutes the entire Agreement-between-Agent-and Owner, and ----
no amendment, alteration, modification, or addition to this Agreement shall be valid or enforceable unless
expressed in writing and signed by the parties hereto and unless such amendment, alteration, modification, or
addition has been consented to in writing by the HUD.
11.3 Waiver. The waiver of any of the terms and conditions of this Agreement on any occasion or occasions
shall not be deemed as waiver of such terms and conditions on any future occasion.
11.4 Illegality. If any provision of this Agreement shall prove to be illegal, invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby.
11.5 Relationship. Nothing contained in this Agreement shall be construed to create a relationship of
employer and employee between Owner and Agent, it being the intent of the parties hereto that the
relationship created hereby is that of an independent contractor. Nothing contained herein shall be deemed to
constitute the Owner and Agent relationship as a partnership or joint venture.
11.6 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of
the state of Florida.
11.6 Successors and Assigns. This Agreement shall inure to the benefit of and constitute a binding obligation
upon Owner and Agent and their respective successors and assigns; provided, however, that Agent shall not
assign this Agreement or any of its duties hereunder,without the prior written consent of Owner.
11.7 No Third-Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other
than Owner or Agent and this Agreement shall not be construed to provide any other persons or entities with
any rights or remedies against the parties. No one other than Owner or Agent shall be entitled to rely on the
9
implementation or enforcement of any term of this Agreement.
11.8 Consent - Whenever in this Agreement the consent or approval of Agent or Owner is required, such
consent or approval shall not be unreasonably withheld or delayed. Such consent shall be in writing and shall
be duly executed by an authorized officer or agent for the party granting such consent or approval; provided,
however, notwithstanding anything in this Agreement to the contrary, if such consent or approval would be
required for Agent to comply with the Requirements,Agent shall not be responsible for a failure to comply with
the Requirements as a result of Owner's refusal or unreasonable delay to so consent or approve.
11.9 Cooperation- If any claims, demands, suits, or other legal proceedings that arise out of any of the
matters relating to this Agreement be made or instituted by any person against either Owner or Agent, Owner
or Agent shall give to each other all pertinent information and reasonable assistance in the defense or other
disposition thereof,at its sole expense.
MBCDC:Madeleine Village
By Miami Beach Community Development
Corporation, Inc.,its managing Member
B Date: 4t.kb
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MBCDC Property Management LLC
By Miami Beach Community Development
Corporation,Inc.,its managing Member
•
By: i 1 .11 Date; 91
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Print namEand title
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COMPANY AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
BEFORE ME, the undersigned authority, personally appeared Cornell Crews ("Affiant"), who,
being first by me duly sworn, deposes and says:
1. THAT Affiant is the Chairman of Miami Beach Community Development Corporation, Inc. a
Florida not-for-profit corporation(the"Company").
2. THAT Miami Beach Community Development Corporation, Inc., a Florida not-for-profit
corporation is the Manager and Sole Member of MBCDC Madeleine Village, LLC, a Florida
limited liability company(the"LLC").
3. THAT as of the date of this Affidavit, the Company and the LLC are active and in good standing
under the laws of the State of Florida.
4. THAT the Company and LLC have full power and authority to sign and deliver to City of Miami
Beach, a Florida municipal corporation (the "Buyer") the Warranty Deed, Bill of Sale, Closing
Affidavit, Assignment and Assumption of Leases, and such other documents required to
consummate the sale of the property set forth in Exhibit"A",to the City.
5. THAT the LLC is a member managed company and as Chairman of the Manager and Sole
Member,Affiant is authorized to bind the LLC.
6. THAT neither the LLC nor Company have ever been the subject of a bankruptcy proceeding.
7. THAT the sale has been made in compliance with Section 617.1202, Florida Statutes.
8. THAT the Bank, Old Republic Title Insurance Company ("Title Company") and Suzanne A.
Dockerty P.A. as agent for Title Company, shall be fully protected in relying on this Affidavit,
and shall be indemnified for any claims, expenses, or loss resulting from the honoring of any
signature hereby certified,or refusing to honor any signature not so certified.
Affiant further states that he is familiar with the nature of an oath and what the penalties provided
by the laws of the State of Florida are for falsely swearing to statements made in an instrument of this
nature, and Affiant further certifies that he has read, or has heard read to him, the full facts of this
Affidavit and understands its contents.
[NO FURTHER TEXT/SIGNATURE PAGE FOLLOWS]
MBCDC Madeleine Village,LLC,a Florida
limited liability company
By: Miami Beach Community Development
Corporation, Inc.,a Florida not-for-profit corporation, its
Manager and Sole Member
7- 1 del
• • ne '' ews,Chairman
Attest: guitylcszhcm
By:Belkis Beatriz Cuenca-Barberio,Executive
Director
State of Florida
County of Miami-Dade County
�.
The foregoing instrument was acknowledged before me this day of January, 2015 by Cornell Crews,
Chairman, Miami Beach Community Development Corporation, lnc., Manager and Sole Member of MBCDC
Madeleine Village, LLC, and attested by Belkis Beatriz Cuenca-Barberio, Executive Director who L] are
personally known to me or IX] have produced a driver's licenses dentifrc tion
/7//4 /L /j
-
[Notary Seal] Notary Public
Printed Name:
2otPav P %, GISELA NANSON TORRES
* „ .* MY COMMISSION#EE 150933 My Commission Expires:
11l-;,P EXPIRES:April 6,2016
ittoFF��� Bonded Thru Budget Notary Services
Exhibit"A"
Legal Description
Lots 26 and 27, Block 10, Biscayne Beach, according to the map or plat thereof as recorded in Plat
Book 44,Page 67,Public Records of Miami-Dade County,Florida.
Parcel Identification Number: 02-3202-008-2400
Closing Affidavit
(Seller)
Before me,the undersigned authority, personally appeared the undersigned("Affiant"), who being by me first duly sworn,
on oath,depose(s)and say(s)that:
1. MBCDC Madeleine Village, LLC, a Florida limited liability company ("Seller"), is the owner of and is selling
the following described property to City of Miami Beach,a Florida municipal corporation ("Buyer"),to wit:
Lots 26 and 27, Block 10,Biscayne Beach, according to the map or plat thereof as recorded in Plat
Book 44,Page 67,Public Records of Miami-Dade County,Florida.
2. The above described property is free and clear of all liens,taxes,encumbrances and claims of every kind,nature and
description of record whatsoever, except for mortgage or mortgages, if any, described in the Deed and except for
real estate and personal property taxes for the year 2015,which are not yet due and payable.
3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described
property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for
repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no
mechanic's,materialmen's,or laborer's liens since acquisition by Seller against the above described property.
4. There have been no documents recorded in the Public Records of Miami-Dade County, Florida subsequent to
December 22, 2014, which affect title to the Property and Seller has not entered into any contracts for the sale,
disposition or leasing of the Property since said date except as may have been disclosed to SUZANNE A.
DOCKERTY,P.A.in writing, and Seller has no knowledge of any matter affecting title to the Property.
5. The personal property contained in the building on said property,or on the said premises,and which, if any, is being
sold free and clear of all liens, encumbrances,claims and demands whatsoever. The Seller knows of no violations of
Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been
entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no
persons other than Seller in possession of the above described property, except for tenants set forth in Exhibit"A"
attached hereto.
6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used
in making the prorations used in closing the transfer and conveyance of the above described property to said buyers,
then a new proration and a correct and proper adjustment will be made upon demand.
7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property
between the effective date of commitment and the recording of the interest to be insured. Seller has not and will not
execute any instruments that would adversely affect the interest to be insured.
8. Seller's title to, and possession and enjoyment of, the property have been open, notorious, peaceable and
undisturbed,and have never been disputed nor questioned.
9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said
property has been in compliance with the applicable building codes,ordinances and statutes.
10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in
applicable zoning laws concerning said property within the past ninety(90)days.
11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party,
including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments,
bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said
property.
12. There are no unrecorded easements,claims of easement or rights-of-way affecting all or any portion of the property.
File Number:«Closing» DoubleTime"'
13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real
property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is
not required upon purchase of the above described property,Seller certifies the following:
a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate
for purposes of United States federal income taxation.
b. Seller's U.S.Taxpayer Identification Number is 80-0539943.
c. Seller's address is: 945 Pennsylvania Ave,Miami Beach,FL 33139.
d. No other persons or entities have an ownership interest in the above described property.
Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection
with the United States Foreign Investment in Real Property Tax Act. (FIRPTA). Seller understands this certification may
be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification
may be punished by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller
or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is
true and correct.
14. This affidavit is given for the purpose of clearing any possible question or objection to the.title to the above
referenced property and, for the purpose of inducing SUZANNE A. DOCKERTY, P.A. and Old Republic
National Title Insurance Company to issue title insurance on the subject property, with the knowledge that said
title companies are relying upon the statements set forth herein. Seller hereby holds SUZANNE A. DOCKERTY,
P.A. and Old Republic National Title Insurance Company harmless and fully indemnifies same (including but
not limited to attorneys'fees,whether suit be brought or not,and at trial and all appellate levels,and court costs and
other litigation expenses) with respect to the matters set forth herein. "Affiant", "Seller" and "Buyer" include
singular or plural as context so requires or admits. Seller further states that he/she is familiar with the nature of an
oath and with the penalties as provided by the laws of the United States and the State of Florida for falsely swearing
to statements made in an instrument of this nature. Seller further certifies that he/she has read,or heard read,the full
facts of this Affidavit and understands its context.
Closing Affidavit(Seller)-Page 2
File Number:«Closing» DoubleTime"'
Under penalties of perjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
P g b
MBCDC Madeleine Village,LLC,a Florida limited
liability company
By:Miami Beach Community Development Corporation,
Inc.,a Florida not-for-profit corporation, its Manager and
Sole Member
By:Ci rnel ; ,Chairman
Attest:
-Y1 )(1/N\af)A--A)
By: Be is Beatriz Cuenca-Barberio, Executive Director
State of Florida
County of Miami-Dade
q�
The foregoing instrument was acknowledged before me this / day of January, 2015 by Cornell Crews,Chairman,
Miami Beach Community Development Corporation, Inc.,Manager and Sole Member of MBCDC Madeleine illage, LLC,
and attested by Belkis Beatriz Cuenca-Barberio,Executive Director who , personally known to me or the produced
a driver's licenses as identification. �— ✓
' 11411/ 4/44/\'
[Notary Seal] Notary Public-
Printed Name:
?°,`PR•P•- GISELA NANSON TORRES My Commission Expires:
MY COMMISSION#EE 150933
EXPIRES:Apr116,2016
'cop'too Bonded Thn,Budget Notary Services
Closing Affidavit(Seller)-Page 3
File Number:«Closing» DoubleTime
Bill of Sale
cj
This Bill of Sale, made on January , 2015, between MBCDC Madeleine Village, LLC, a Florida limited
liability company ("Seller"),and City of Miami Beach,a Florida municipal corporation ("Buyer").
Witnesseth,that Seller, in consideration of the sum of TEN DOLLARS (510.00)and other good and valuable consideration
paid to Seller by Buyer, receipt and sufficiency of which is hereby acknowledged, delivers, grants, bargains, sells and
transfers forever to Buyer the following goods and chattels,to wit:
As per the Real Estate Sales Contract
Said property being located at:
Lots 26 and 27, Block 10, Biscayne Beach, according to the map or plat thereof as recorded in Plat
Book 44,Page 67,Public Records of Miami-Dade County,Florida.
Also known as 7871 Crespi Blvd.,Miami Beach,FL
Seller covenants to Buyer that Seller is the lawful owner of the said goods and chattels; that they are free from all
encumbrances; that Seller has good right to sell that property, and that Seller will warrant and defend the sale of said
property,goods and chattels unto the Buyer against the lawful claims and demands of all persons whomsoever.
"Seller" and "Buyer" shall be used for singular or plural, natural or artificial, which terms shall include the heirs, legal
representatives,successors and assigns of Seller and Buyer whenever the context so requires or admits.
MBCDC Madeleine Village,LLC,a Florida limited
liability company
By:Miami Beach Community Development Corporation,
Inc.,a Florida not-for-profit corporation,its Manager and
Sole Member
B :Co ll r hairman
Attest:
•
By: Belkis Beatriz Cuenca-Barberio,Executive Director
State of Florida
County of Miami-Dade
g.,The foregoing instrument was acknowledged before me this day of January, 2015 by Cornell Crews,Chairman,
Miami Beach Community Development Corporation, Inc.,Manager and Sole Member of MBCDC Madeleine Village, LLC,
and attested by Belkis Beatriz Cuenca-Barberio,Executive Director who L]are person ly known to me or[ J have produced
a driver's licenses as identification.
LI/r(4)L 440- 74#41/
[Notary Seal] Notary Public
Printed Name:
av a� My Commission Expires:
�o��.•.,eic GISELA NAfdSON TORRES
* MY COMMISSION#EE.150933
,y EXPIRES:AprI18,2016
•-0re.-'. �, eon TM'Budget Notary Services
DoubleTime
Prepared by and return to:
Suzanne A.Dockerty
Attorney at Law
SUZANNE A.DOCKERTY,P.A.
110 Merrick Way Suite 3-B
Coral Gables,FL 33134
File Number: 247174-1
[Space Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this (16' day of January, 2015 between MBCDC Madeleine Village, LLC, a
Florida limited liability company whose post office address is 945 Pennsylvania Ave, Miami Beach, FL 33139, grantor,
and City of Miami Beach, a Florida municipal corporation whose post office address is 1700 Convention Center Drive,
Fouth Floor,Miami Beach,FL 33139,grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)and other
good and valuable considerations to said grantor in hand paid by said grantee,the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate,lying and being in Miami-Dade County,Florida to-wit:
Lots 26 and 27, Block 10, Biscayne Beach, according to the map or plat thereof as recorded in Plat
Book 44,Page 67,Public Records of Miami-Dade County,Florida.
Parcel Identification Number: 02-3202-008-2400
Together with 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 said 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;that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances,except taxes accruing subsequent to December 31,2014.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
DoubleTime
In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed,sealed and delivered in our presence:
MBCDC Madeleine Village,LLC,a Florida limited
liability company
By:Miami Beach Community Development Corporation,
Inc.,a Florida not-for-profit corporation, its Manager and
Sole Member
td ,, I ' 0/ • ' ,o;
Witness Name: UCho RS eicR;S B ell t re hairman
u
4.21 )00t-, Attest: 1111 IP
Witness Name: 6-1,S4 litowcayt) "
By:Belkis :eatriz Cuenca-Barberio,Executive Director
State of Florida
County of Miami-Dade County 4/
The foregoing instrument was acknowledged before me this day of January,2015 by Cornell Crews,Chairman,
Miami Beach Community Development Corporation,Inc.,Manager and Sole Member of MBCDC Madeleine Village, LLC,
and attested by Belkis Beatriz Cuenca-Barberio,Executive Director who are personally known to me or["have produced
a driver's licenses as identification.
)044,44._
;
[Notary Seal] Notary Public
Printed Name:
tiPar p My Commission Expires:
?o ..., .� G{SELA NANSON TORRES
ar t!}$ * MY COMMISSION#EE 150933
EXPIRES:April 6,2016
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Warranty Deed-Page 2 DoubleTime
ASSIGNMENT AND ASSUMPTION OF LEASES
This ASSIGNMENT/CD ASSUMPTION OF BUSINESS LEASE (this "Assignment"),
is dated as of January 2015, by and between MBCDC Madeleine Village, LLC, a
Florida limited liability company having an office and place of business at 945 Pennsylvania
Ave., Miami Beach, FL 33139 ("Assignor") and City of Miami Beach, a Florida municipal
corporation, having an office and place of business at 1700 Convention Center Drive, Fourth
Floor, Miami Beach, FL 33139 ("Assignee");
WITNESSETH:
WHEREAS, Tenants, entered into Leases as set forth as Exhibit "A" attached hereto and
made a part thereof(the "Leases").
WHEREAS, Assignor has an agreement to convey fee simple title to the Leased Premises
to Assignee, which agreement remains in full force and effect; and
WHEREAS, Assignor, in connection with conveyance of fee title to Assignee, shall grant
to Assignee all of its right, title and interest in and to the Leases and the rights and certain
obligations contained therein and otherwise relating thereto (collectively, the "Assigned
Leases"), and Assignee desires to obtain and assume said right, title and interest, and certain
obligations of Assignor.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and in
consideration of One ($1.00) Dollar and other valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the parties, it is mutually agreed that:
1. Assignment. Assignor does hereby assign to Assignee all of its right, title and
interest in and to the Assigned Leases. Assignor hereby indemnifies and holds Assignee, its
agents and employees harmless from and against any and all liability arising from any failure by
Assignor to observe and perform any obligation of Assignor under the assigned Leases which
may have arisen prior to the date of this Assignment.
2. Assumption. Assignee does hereby assume Assignor's rights and certain
obligations with respect to the Assigned Lease. Assignee hereby indemnifies and holds
Assignor, its agents and employees harmless from and against any and all liability arising from
any failure by Assignee to observe and perform any of the assumed obligations of Assignor
under the Agreement which may arise on or after the date of this Assignment.
3. Entire Agreement. This Assignment constitutes the entire understanding of the
parties and no modification hereof shall be effective unless the same be in writing and signed by
all of the parties hereto.
.
4. Successors and Assigns. This Assignment shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal representatives, successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
ASSIGNOR: ASSIGNEE:
MBCDC Madeleine Village, LLC, City of Miami Beach
a Florida limited liability company a Florida municipal corporation
By: Miami Beach Community Development
Corporation, Inc., a Florida not-for-profit
corporation, its Manger and Sole Member
/ . L--
By:/-4-,,,M„.,- . ."
.,,,4.4 ,,- BY: \-
Co 1- lgrE-, Chairman �me: Jimmy L. Morales
Tilde: City Manager
I
Attest:
By:
elkis Beatriz Cuenca-Barberio
Executive Director
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
f 5
City Attorney r Date
•
i
Exhibit"A"
Schedule of Leases
Leases
(Tenant ;Expiration of Lease, (Lease Date ; jTenantDe osit
1 Jose Cabrera 1/31/2015 1/28/2014 6480.00
2 Claudia Marcela Vera 2/26/2015 2125/2014 $619.00
3 Martha Noguera 2/28/2015 2/28/2014 $619.00
4 Michael J. Bellizzi 1/3112015 1/29/2014 $480.00
5 Martha Garcia 2/28/2015 2/27/2014 $619.00
6 Zoraida Valdes 2/28/2015 2/26/2014 $619.00
7 Edward Hammes 10/31/2014 10/3/2013 S0.00
8 Orlando Santana 8/31/2015 8/29/2014 $620.00
9 Albert N.Keiner 2/28/2015 2/2812014 S619.00
10 Olga Varela 3/31/2015 3/26/2014 S480.00
11 David Williams 2/28/2015 2126/2014 $110.00
12 Ignacio Zavalia 113//2015 1/2812014 $619.00 ti
13 Zaida Tizol 10/31/2013 1013012013 $480.00
IS6.364.00
Seller is not holding any sums in a reserve account.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT
Schedule A
Fund File Number:01-2014-111276
Effective Date: Agent's File Reference: Premium:
December 22,2014.@ 11:00 PM 247174-1
1. Policy or Policies to be issued: Proposed Amount of Insurance:
OWNER'S: ALTA Owner's Policy(06/17/06).(With Florida Modifications) $970,000.00
Proposed-Insured:.-... ..City-of Miami Beach,a..Florida-municipal-corporation
MORTGAGEE:
MORTGAGEE:
2. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE.
3. Title to the FEE SIMPLE estate or interest in the Land is at the Effective Date vested in:
MBCDC Madeleine Village,LLC,a Florida limited liability company
4. The Land referred to in this Commitment is described as follows:
Lots 26 and 27,Block 10,Biscayne Beach,according to the map or plat thereof as recorded in Plat Book 44,Page 67,
Public Records of Miami-Dade County,Florida.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
400 Second Avenue South,Minneapolis, MN 55401,(612)
371-1111
Issuing Agent: Agent No.: 22264
Suzanne A.Dockerty,P.A.
110 Merrick Way
Suite 3-B
Coral Gables,FL 33134
Agent's Signature
Suzanne A.Dockerty, P.A.
Form.CF6-SCH.-A(rev.12/10)(With Florida Modifications) hereby certify that
this is a true copy ®f
Page 1 of 4
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT
Schedule B-I
Fund File Number: Agent's File Reference:
01-2014-111276 247174-1
I. The following are the requirements to be complied with:
1. Payment of the full consideration to,or for the account of,the grantors or mortgagors.
2. Instruments creating the estate or interest to be insured which must be executed,delivered and filed for record:
A. Warranty Deed from MBCDC Madeleine Village,LLC,a Florida limited liability company,to the proposed
insured.
3....._..Record .satisfaction_._of._the mortgage from_Miami_.Beach__Community_..Development_._Corporation, a
not-for-profit corporation to City of Miami Beach, a Florida municipal corporation dated January 29, 2010, and
recorded in O.R.Book 27170,Page 2725,modifications recorded in O.R.Book 27792,Page 2672,O.R.Book 27586,
Page 147, Public Records of Miami-Dade County,Florida.
4. Satisfactory evidence must be furnished establishing that MBCDC Madeleine Village,LLC,a Florida limited liability
company is duly organized, validly existing,and in good standing under the laws of Florida(at date of acquisition of
the interest or lien on the insured property and at the present time,or at date of purchase and at date of sale).
5. Review certified copy of Articles of Organization and amendments thereto, if any, to verify who may sign for the
company as well as procedures to authorize such signatory. Further requirements may be necessary upon review
thereof.
6. Review of a true and correct copy of regulations or operating agreement to verify who may sign for the company as
well as procedures to authorize such'signatory. Further requirements may be necessary upon review thereof. If the
regulations or operating agreement is not produced, then all of the members of the limited liability company, or a
majority of the members if the number of members is substantial, must execute an affidavit consenting to the
transaction.The affidavit shall establish the names of all the current members of the limited liability company.
7. A determination should be made that the member executing the Warranty Deed is not a debtor in bankruptcy and has
not been a debtor in bankruptcy since becoming a member of the limited liability company. If the LLC is a sole
member LLC, then a determination should be made there are no creditors who have acquired or are attempting to
acquire control of the LLC by executing on or attaching or seizing the member's interest in the LLC. These
determinations may be made by an affidavit of the member executing the instruments to be insured.
8. A determination should be made that the limited liability company is not one of a family or group of entities. If it is,
then it should be determined that none of the other entities in this family or group of entities is a debtor in bankruptcy.
The determination may be made by an affidavit of the manager or managing member of the limited liability company.
In the event that one or more of the other entities is a debtor in bankruptcy,Fund underwriting counsel must approve
the transaction before title is insured.
9. If applicable,recordation and review of a certified copy of the amendment to the operating agreement,in accordance
with Sec.605.1108(l)(b),F.S.
10. If applicable, recordation and review of a certified copy of the statement of authority in accordance with Sec.
605.0302,F.S.
11. If applicable,a determination must be made that a certified copy of a statement of authority limiting the authority of,or
a statement of authority granting authority of a person to transfer real property held in the name of the limited liability
company,to one or more members or managers has not been recorded pursuant to Sec.605.0302,F.S.
12. If applicable, determination should be made that the person executing the deed or mortgage has not become
dissociated pursuant to Sec.605.0302(11), F.S. (by filing a statement of dissociation), Secs. 605.0601,or 605.0602,
F.S., nor has that person wrongfully caused dissolution of the company. These determinations may be made by an
affidavit of the person executing the instruments to be insured.
13. Satisfactory evidence must be furnished establishing that Miami Beach Community Development Corporation,lnc.,a
Florida non profit corporation is duly organized,validly existing,and in good standing under the laws of Florida(at
Form CF6-SCH.-B-1(rev.12/10)
Page 2 of 4
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT
Schedule B-I (Continued)
Fund File Number: Agent's File Reference:
01-2014-111276 247174-1
date of acquisition of the interest or lien on the insured property and at the present time,or at date of purchase and at
date of sale).
14. Verified copy of bylaws must be checked for any provisions as to the powers of the directors and officers and any
procedure relating to the transaction to be insured.
15. Record resolution from the governing board consistent with the bylaws authorizing the transaction and specifying the
officers who are to execute the instrument to be insured to be attached to the instrument to be insured.
16. Compliance with Sec. 617.1201 or 617.1202, F.S., from membership if the subject property constitutes all or
substantially all of the assets of the corporate grantor.
17. Satisfactory evidence must be furnished establishing that the subject property does not constitute all or substantially
all of the assets of Miami Beach Community Development Corporation,Inc., a Florida non profit corporation. If it
does,satisfactory evidence must be provided complying with Sec.607.1201 or Sec.607.1202,F.S.
18. The Company has no liability under this commitment for the issuance of a mortgagee policy until an endorsement is
issued stating the name of the proposed insured mortgagee. The Company reserves the right to make additional
requirements, including but not limited to, review of additional documentation regarding the proposed insured
purchaser.
19. A search commencing with the effective date of this commitment must be performed at or shortly prior to the closing
of this transaction. If this search reveals a title defect or other objectionable matters, an endorsement will be issued
requiring that this defect or objection be cleared on or before closing.
•
Form CF6-SCH.-B-I continued(rev.12/10)
Page 3 of 4
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
COMMITMENT
Schedule B-II
Fund File Number: Agent's File Reference:
01-2014-111276 247174-1
11. Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the Public Records or
attaching subsequent to the Effective Date hereof but prior to the date the Proposed Insured acquires for value of
record the estate or interest or Mortgage thereon covered by this Commitment.
2.a.General or special taxes and assessments required to be paid in the year(s)2015 and subsequent years.
b.Rights or claims of parties in possession not recorded in by the Public Records.
c. Any encroachment, encumbrance, violation, variation, or adverse circumstance-that would be disclosed by an
inspection or an accurate and complete land survey of the Land and inspection of the Land.
d.Easements,or claims of easements,not recorded in the Public Records.
e.Any lien, or right to a lien, for services, labor,or material furnished,imposed by law and not recorded in the Public
Records.
3. Any Owner Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse
ownership claim by the State of Florida by right of sovereignty to any portion of the Lands insured hereunder,
including submerged,filled and artificially exposed lands, and lands accreted to such lands.
4. All matters contained on the Plat of Biscayne Beach Subdivision,as recorded in Plat Book 44,Page 67,Public
Records of Miami-Dade County,Florida.
5. Declaration of Restrictions recorded in Deed Book 2602,Page 483,Public Records of Miami-Dade County,Florida.
6. Resolution No.R-1409-89 recorded in O.R.Book 14364,Page 1996,Public Records of Miami-Dade County,Florida.
7. City of Miami Beach Flood Plain Management Board Order recorded in O.R.Book 27541,Page 189,Public Records
of Miami-Dade County,Florida.
8. A.Encroachment of overhead utility lines;B.Portion of the rear concrete 5 foot high metal fence,and the wood dock
are encroaching over the Southeasterly as shown by that certain survey dated December 4,2014,prepared by
American Services of Miami,Corp.,job# 14-1214.
9. Riparian and littoral rights are not insured.
10. Rights of the United States of America and/or the State of Florida to any portion of said land which has been created by
artificial means or has accreted to any such portion as so created.
11. Those portions of the property herein described being artificially filled in land in what was formerly navigable waters,
are subject to the right of the United States Government arising by reason of the United States Government control
over navigable waters in the interest of navigation and commerce.
12. The rights,if any,of the public to use as a public beach or recreation area any part of the land lying or formerly lying
between the body of water abutting the subject property and the natural line of vegetation,bluff,extreme high-water
line or other apparent boundary lines separating the publicly used area from the upland private area,as it may have
existed prior to the construction,if any,of sea wall or bulkhead thereon.
13. Rights of others to use that portion of the insured Iand lying within the waters of Tatum Waterway shown on Plat Book
44,Page 67,Public Records of Miami-Dade County,Florida.
14. Rights of the lessees under unrecorded leases.
Form CF6-SCH.-B-II(rev.12/10)
Page 4 of 4
JOB No. 14-1214 LOCATION MAP iOUSE PICTURE
DATE OF SURVEY: Dec.04,2014 ;'
REVISION DATE: O- _ " Y_ I•.=._. , `.
°z-
- ,t-
•
CERTIFY TO: y : - I , --- Y.;
CITY OF MIAMI BEACH,A FLORIDA MUNICIPAL j V.-__ ' • • `'
CORPORATION .. .
OLD REPUBLIC NATIONAL TITLE INSURANCE CO. ••~ = *'
SUZANNE A.DOCKERTY, ,. -,_. •-�
O P A
---
SITE ADDRESS: 7871 CRESPI BLVD., MIAMI BEACH, FL. 33141 FOLIO No.02-3202-008-2400
SKETCH OF BOUNDARY SURVEY
SCALE:1"=25'
k\.• ?%•::::.:::....::...
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5' Sidewalk:s : .4 1 R 4
N� 6'1422 E E�.P�P�o�J00.00 (M&R)
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(no cap)3 5.00' •r _;,0� Planter "1.1 ., 1, 5.00' F.I.P.
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Fnd.> ••._(2'x3') Conc. Floor.Lot 27 : Lot 26 . ' e• < (2'x3'),:2„ Fnd.
Nail Edge of
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�11�� 100.00' (M&R) 25.7 Fence ^�J�
THIS IS PAGE 1 OF 2,NOT VALID WITHOUT ALL PAGES. WATERWAY TAT U M `...---
LEGAL DESCRIPTION:
LOTS 26 AND 27,BLOCK 10,OF BISCAYNE BEACH SUBDIVISION,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGE 67,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA.
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF'BOUNDARY SURVEY AND THE ENCROACHMENTS AND OTHER POINTS OF INTEREST:
SURVEY MAP RESULTING THEREFROM OF THE ABOVE DESCRIBED PROPERTY IS A TRUE -THERE ARE NO VISIBLE ENCROACHMENT OF THE SUBJECT PROPERTY
AND CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY DIRECTION AND -THE SUBJECT PROPERTY IS WITHIN A FLOOD ZONE AE(SEE NOTE 1)
MEETS THE INTENT OF THE APPUCABLE PROVISIONS OF THE'MINIMUM TECHNICAL -THERE ARE NOT PLATTED UTIL.EASEMENT ON THE SUBJECT PROPERTY
STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA'PURSUANT TO RULE
5.1-17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTED LAW,CHAPTER
472.027,OF THE FLORIDA STATUTES.
AMERICAN SERVICES OF MIAMI, CORP. ORDERED BY:
Consulting Engineers.Planners.Surveyors /.° /NO- SUZANNE A. DOCKERTY, P.A.
9370 S.W.72nd STREET,SUITE A-102 . _,,,, 110 MERRICK WAY,SUITE 3-B
. MIAMI,FLORIDA 33173 P •v,. E.•4.Ine CORAL GABLES,FL 33134
PHONE:(305)598-5101 a�a1 PHONE:(305)443-9162
li •M Na'&,.
FAX:(305)598-8627 .- ,
LB 6683 ASOMIAMI.COM `� 4
DATE . �5:,,-""• ,
U.S.DEPARTMENT OF HOMELAND SECURITY L...EVATI O N CERTIFICATE
FEDERAL EMERGENCY MANAGEMENT AGENCY OMB No. 1660-0008
National Flood Insurance Program Important: Read the instructions on pages 1-9. Expiration Date:July 31, 2015
SECTION A-PROPERTY INFORMATION FOR INSURANCE COMPANY USE
A1. Building Owner's Name:CITY OF MIAMI BEACH,A FLORIDA MUNICIPAL CORP. Policy Number:
A2. Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Company NAIC Number:
7871 CRESPI BLVD.
City MIAMI BEACH State FL ZIP Code 33141
A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.)
LOTS 26&27 BLK 10 OF BISCAYNE BEACH SUB PB 44 AT PAGE 67 FOLIO 02-3202-008-2400
A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)RESIDENTIAL
A5. Latitude/Longitude: Lat.25°45'09" Long.-80°21'51" Horizontal Datum: ❑ NAD 1927 ® NAD 1983
A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance.
A7. Building Diagram Number 1A
A8. For a building with a crawlspace or enclosure(s): A9. For a building with an attached garage:
a) Square footage of crawlspace or enclosure(s) N/A sq ft a) Square footage of attached garage N/A sq ft
b) Number of permanent flood openings in the crawlspace b) Number of permanent flood openings in the attached garage
or enclosure(s)within 1.0 foot above adjacent grade N/A within 1.0 foot above adjacent grade N/A
c) Total net area of flood openings in A8.b N/A sq in c) Total net area of flood openings in A9.b N/A sq in
d) Engineered flood openings? ❑ Yes ® No d) Engineered flood openings? ❑ Yes ® No
SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION
B1.NFIP Community Name&Community Number B2.County Name B3.State
CITY OF MIAMI BEACH 120651 MIAMI-DADE FLORIDA
B4.Map/Panel Number B5.Suffix B6.FIRM Index Date B7.FIRM Panel B8.Flood B9.Base Flood Elevation(s)(Zone
12086C0307 L 9/11/2009 Effective/Revised Date Zone(s) AO,use base flood depth)
9/11/2009 AE 8.00
B10. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item B9.
❑ FIS Profile ® FIRM ❑ Community Determined ❑ Other/Source:
B11. Indicate elevation datum used for BFE in Item B9: ® NGVD 1929 ❑ NAVD 1988 ❑ Other/Source:
B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? ❑ Yes ►∎ No
Designation Date: N/A ❑ CBRS ❑ OPA
SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED)
Cl. Building elevations are based on: ❑ Construction Drawings* ❑ Building Under Construction* ® Finished Construction
*A new Elevation Certificate will be required when construction of the building is complete.
C2. Elevations-Zones Al-A30,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,AR/AE,AR/A1-A30,AR/AH,AR/AO.Complete Items C2.a-h
below according to the building diagram specified in Item A7.In Puerto Rico only,enter meters.
Benchmark Utilized 8607 ELEV.(4.61 FT) Vertical Datum: N.G.V.D.1929
Indicate elevation datum used for the elevations in items a)through h)below. ®NGVD 1929 El NAVD 1988 ❑Other/Source:N/A
Datum used for building elevations must be the same as that used for the BFE.
Check the measurement used.
a)Top of bottom floor(including basement,crawlspace,or enclosure floor) 6.39 ®feet ❑meters
b)Top of the next higher floor N/A ®feet ❑meters
c) Bottom of the lowest horizontal structural member(V Zones only) N/A ®feet ❑meters
d)Attached garage(top of slab) N/A ®feet ❑meters
e) Lowest elevation of machinery or equipment servicing the building N/A ®feet ❑meters
(Describe type of equipment and location in Comments)
f) Lowest adjacent(finished)grade next to building(LAG) 4.19 ®feet ❑meters
g) Highest adjacent(finished)grade next to building(HAG) 4.59 ®feet ❑meters
h) Lowest adjacent grade at lowest elevation of deck or stairs,including structural support N/A ®feet ❑meters
SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION
This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by law to certify elevation
information.I certify that the information on this Certificate represents my best efforts to interpret the data available.
l understand that any false statement maybe punishable by fine or imprisonment under 18 U.S. Code, Section 1001.
X Check here if comments are provided on back of form. Were latitude and longitude in Section A provided by a
❑ Check here if attachments. licensed land surveyor? X Yes ❑ No
Certifier's Name ED PINO License Number 6771
Title PRESIDENT Company Name AMERICAN SERVICES OF MIAMI,CORP.
Address 9370 SW 72n°ST.,SUITE A-102 City MIAMI State FL ZIP Code 33173
Signature Date December 5,2014 Telephone 305-598-5101
FEMA Form 086-0-33(7/12) See reverse side for continuation. Replaces all previous editions.
ELEVATION CERTIFICATE, page 2
IMPORTANT: In these spaces,copy the corresponding information from Section A. FOR INSURANCE COMPANY USE
Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number:
7871 CRESPI BLVD.
City MIAMI BEACH State FLORIDA ZIP Code 33141 Company NAIC Number:
SECTION D—SURVEYOR, ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED)
Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner.
Comments HIGHTEST CROWN OF THE ROAD ELEVATION 4.33 FEET(NGVD 1929)
-SHOWN LATITUDE&LONGITUDE WERE OBTAINED WITH A HAND HELD GPS UNIT.
Signature Date December 5,2014
SECTION E—BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A(WITHOUT BFE)
For Zones AO and A(without BFE),complete Items E1—E5.If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A,B,
and C.For Items E1—E4,use natural grade,if available.Check the measurement used.In Puerto Rico only,enter meters.
E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent
grade(HAG)and the lowest adjacent grade(LAG).
a)Top of bottom floor(including basement,crawlspace,or enclosure)is ❑feet ❑meters ❑above or❑below the HAG.
b)Top of bottom floor(including basement,crawlspace,or enclosure)is ❑feet ❑meters El above or❑ below the LAG.
E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9(see pages 8-9 of Instructions),the next higher floor
(elevation C2.b in the diagrams)of the building is ❑feet ❑meters ❑above or ❑below the HAG.
E3. Attached garage(top of slab)is ❑feet ❑meters ❑above or ❑below the HAG.
E4. Top of platform of machinery and/or equipment servicing the building is El feet ❑meters ❑above or❑below the HAG.
E5. Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's floodplain management
ordinance? ❑Yes ❑ No ❑ Unknown.The local official must certify this information in Section G.
SECTION F—PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION
The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or community-issued BFE)
or Zone AO must sign here.The statements in Sections A,B,and E are correct to the best of my knowledge.
Property Owner's or Owner's Authorized Representative's Name
Address City State ZIP Code
Signature Date Telephone
Comments
❑Check here if attachments.
SECTION G—COMMUNITY INFORMATION(OPTIONAL)
The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A,B,C(or E),and G
of this Elevation Certificate.Complete the applicable item(s)and sign below.Check the measurement used in Items G8—G10.In Puerto Rico only,enter meters.
G1.El The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who
is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.)
G2.❑ A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO.
G3.❑ The following information(Items G4—G10)is provided for community floodplain management purposes.
G4. Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued
G7. This permit has been issued for: El New Construction ❑Substantial Improvement
G8. Elevation of as-built lowest floor(including basement)of the building: ❑feet ❑meters Datum
G9. BFE or(in Zone AO)depth of flooding at the building site: ❑feet ❑meters Datum
G10. Community's design flood elevation: ❑feet ❑meters Datum
Local Official's Name Title
Community Name Telephone
Signature Date
Comments
❑Check here if attachments.
FEMA Form 086-0-33(7/12) Replaces all previous editions.
ELEVATION CERTIFICATE, page 3 Building Photographs
See Instructions for Item A6.
IMPORTANT: In these spaces,copy the corresponding information from Section A. FOR INSURANCECQMPANY USE
Building Street Address(including Apt., Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number,
7871 CRESPI BLVD.
City MIAMI BEACH State FL ZIP Code 33141 Company NAtC Number
If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions
for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side
View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as
indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page.
FRONT VIEW(12/2/2014) SIDE VIEW 12/2/2014
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FEMA Form 086-0-33 (7/12) Replaces all previous editions.
JOB No. 14-1214 LOCATION MAP HOUSE PICTURE
DATE OF SURVEY: Dec. 04,2014 r'',..�.�';�.; ` -- `` it'}
REVISION DATE: oa ; ,
CERTIFY TO: - ,-
CITY OF MIAMI BEACH,A FLORIDA MUNICIPAL ",.e .-
CORPORATION }. /`` y _ i^ •�,�•-
OLD REPUBLIC NATIONAL TITLE INSURANCE CO. _ ' '
v / `•.e,-,,,,r„.:2,',z4 mot:vim' u ,-a '% J»vA
SUZANNE A.DOCKERTY,P.A. �� ,, ii-‘..., r ;,r,, -r a
SITE ADDRESS: 7871 CRESPI BLVD., MIAMI BEACH, FL. 33141 FOLIO No.02-3202-008-2400
SKETCH OF BOUNDARY SURVEY
SCALE:1" =25'
1\�
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.............................. ..
........ . ... .... ............ •
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50 TOTAL .....:......:: ..............::....CRESPI BLVD. . ........... ............. ...................:.:....
.:..::::::::..:.:....::...::.:::::.::..:::..
..:. . ......•::::: :.:.:::.:t 9.:5......Asphalt•: P_ale:meet.:.:.::::...-:•::•...:•:•:•:......•:.:::::...-..•:••...--.:•:::...:•..•::•:::•::..:•:•::::.y.:•::•:•: ......•::•:......:
:::::::::::........:b .'o
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::::::::•::::::::•:::::: Planter Planter ::: : -Gutter
5 Asphalted PQ�vay:•: .( )•5' Sidewalk 4 a . N...)614'22-"E c i .P. oF100.00 •(M&R),.. . • .a _
F.I.P. d 0i Conc�3.2' el?: Cl F.I.P.
(no cap) �- 0 E' Planters ° Planters I1/2"0
5, 0' ap - _1. 11 5.00 (no cap)
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4' C•LF. a. ; 't F.F. Elev. 6.40 '`r 1 • j F.F. Elev. 6.40 `t. a
Roofed
r • if 7-4' C.L.F.
(2.6'x9') ia..
5.00' I 39.95' 0). : 39.95' 5.00'
'11.0' ) in in 11.0'
0.1 cl ,u .•Steps 2',�ri 26.6' 26.6 Sri 2 Steps 0.2'cI
Nad' (21x31) Conc. Floor.Lot 27 Lot -26 . a (2 x3),��I Fnd.
o . Nail Edge of
^ --'-` N.36'14'22"E. Wooden Dock o 23.7 ^ \r-Water
� iti
� 100.00' (M&R) 25.7 Fence \•..........------•
THIS IS PAGE 1 OF 2,NOT VALID WITHOUT ALL PAGES. WATERWAY TAT U M ^ ....._,-,
LEGAL DESCRIPTION:
LOTS 26 AND 27, BLOCK 10,OF BISCAYNE BEACH SUBDIVISION,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 44 AT PAGE 67,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA.
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF 'BOUNDARY SURVEY" AND THE ENCROACHMENTS AND OTHER POINTS OF INTEREST:
SURVEY MAP RESULTING THEREFROM OF THE ABOVE DESCRIBED PROPERTY IS A TRUE -THERE ARE NO VISIBLE ENCROACHMENT OF THE SUBJECT PROPERTY
AND CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY DIRECTION AND -THE SUBJECT PROPERTY IS WITHIN A FLOOD ZONE AE(SEE NOTE 1)
MEETS THE INTENT OF THE APPUCABLE PROVISIONS OF THE 'MINIMUM TECHNICAL -THERE ARE NOT PLATTED UTIL.EASEMENT ON THE SUBJECT PROPERTY
STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA' PURSUANT TO RULE
5J-17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTED LAW, CHAPTER
472.027, OF THE FLORIDA STATUTES.
AMERICAN SERVICES OF MIAMI, CORP. ORDERED BY:
Consulting Engineers . Planners . Surveyors co. -.'''' , SUZANNE A. DOCKERTY, P.A.
9370 S.W.72nd STREET,SUITE A-102 ': TF . 110 MERRICK WAY, SUITE 3-B
MIAMI, FLORIDA 33173 s'o E.+Pino
PHONE:(305)598-5101 PR' ...ON• D SO
OR CORAL GABLES, FL 33134
�� ' M �P ' No. 8. PHONE: (305)443-9162
FAX: (305)598-8627 , E sur:v •A
LB 6683 ASOMIAMLCOM DATE D a''',:i''- , 2014
•
SURVEY REPORT: 14-1214 THIS IS PAGE 2 OF 2, NOT VALID WITHOUT ALL PAGES.
REALTOR INFORMATION: THIS DRAWING IS THE PROPERTY OF AMERICAN SERVICES OF MIAMI,CORP.AND
TAMMY YERO SHALL NOT BE USED OR REPRODUCED,IN WHOLE,OR IN PART,WITHOUT PERMISSION
OF AMERICAN SERVICES OF MIAMI,CORP.
786-768-7993
NOTHING HEREON SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO
ANYONE OTHER THAN THOSE CERTIFIED.
NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
•
JOB SPECIFIC SURVEYOR NOTES:
THE PROPERTY DESCRIBED ON THIS SURVEY DOES LIE WITHIN A SPECIAL HAZARD AREA AS DEFINED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY; THE PROPERTY LIES WITHIN A FLOOD ZONE "AE" OF THE FLOOD INSURANCE RATE
MAP IDENTIFIED AS COMMUNITY PANEL No. 120651-0307L, WITH AN EFFECTIVE DATE OF SEPT. 11, 2009. BASE
FLOOD ELEVATION OF 8.00 FEET
02 LAND AREA OF SUBJECT PROPERTY: 11,500 SF(+/-)
30 ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM (NGVD)OF 1929,AS PER MIAMI-DADE COUNTY
BENCH MARK No. 8601,WITH AN ELEVATION OF 4.61 FEET.
® BEARINGS SHOWN HEREON ARE BASED ON AN ASSUME MERIDIAN OF N.1°36'20"W., BEING THE RECORDED BEARING
FOR THE CENTERLINE OF HAWTHORNE AVE.,AS SHOWN ON PLAT BOOK 44 AT PAGE 67 OF THE PUBLIC RECORD OF
MIAMI-DADE COUNTY FLORIDA.
GENERAL SURVEYOR NOTES:
THE SHOWN LEGAL DESCRIPTION USED TO PERFORM THIS BOUNDARY SURVEY WAS PROVIDED BY THE CLIENT.
SURVEY IS BASED ON RECORDED INFORMATION PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBLIC RECORD HAS BEEN MADE BY
OUR OFFICE.
UNLESS OTHERWISE NOTED,AN EXAMINATION OF THE ABSTRACT OF TITLE WAS NOT DONE BY THE SIGNING SURVEYOR TO DETERMINE
WHICH INSTRUMENTS, IF ANY ARE AFFECTING THE SUBJECT PROPERTY. •
THIS SURVEY IS EXCLUSIVELY FOR THE USE OF THE PARTIES TO WHOM IT WAS CERTIFIED.
PURSUANT TO RULE 61G17-6 OF THE FLORIDA ADMINISTRATIVE CODE THE EXPECTED USE OF LAND IS SUBURBAN,THE MINIMUM
RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SURVEY IS 1 FOOT IN 7,500 FEET.THE ACCURACY OBTAINED BY MEASUREMENT AND
CALCULATIONS OF CLOSED GEOMETRIC FIGURES WAS FOUND TO EXCEED THIS REQUIREMENT.
THERE ARE NO VISIBLE,ABOVE GROUND ENCROACHMENTS(a)BY THE IMPROVEMENTS OF THE SUBJECT PROPERTY UPON ADJOINING
PROPERTIES, STREETS OR ALLEYS,OR(b)BY THE IMPROVEMENTS OF THE ADJOINING PROPERTIES,STREETS OR ALLEYS UPON THE
SUBJECT PROPERTY OTHER THAN THOSE SHOWN ON THIS BOUNDARY SURVEY.
THERE ARE NO VISIBLE EASEMENTS OR RIGHT-OF-WAY OF WHICH THE UNDERSIGNED HAS BEEN ADVISED OTHER THAN THOSE SHOWN
ON THIS SURVEY.
THE MAP OF SURVEY IS INTENDED TO BE DISPLAYED AT THE SHOWN GRAPHIC SCALE IN ENGLISH UNITS OF MEASUREMENT.IN SOME
CASES GRAPHIC REPRESENTATION HAVE BEEN EXAGERATED TO MORE CLEARLY ILLUSTRATE A PARTICULAR AREA WHERE DIMENSIONS
SHALL HAVE PREFERENCE OVER GRAPHIC LOCATION.
THE ELEVATIONS(IF ANY)OF WELL-IDENTIFIED FEATURES AS DEPICTED ON THIS SURVEY AND MAP WERE MEASURED TO AN ESTIMATED
VERTICAL POSITIONAL ACCURACY OF Yo FOOT FOR NATURAL GROUND SURFACES AND Yoo FOOT FOR HARDSCAPE SURFACES,INCLUDING
PAVEMENT,CURBS, SIDEWALKS AND OTHER MANMADE STRUCTURES.
THE SURVEYOR MAKES NO REPRESENTATION AS TO OWNERSHIP, POSSESSION OR OCCUPATION OF THE SUBJECT PROPERTY BY ANY
ENTITY OR INDIVIDUAL.
ANY FEMA FLOOD ZONE INFORMATION PROVIDED ON THIS SURVEY IS FOR INFORMATIONAL PURPOSE ONLY AND IT WAS OBTAINED AT
WWW.FEMA.COM.
IF YOU ARE READING THIS BOUNDARY SURVEY IN AN ELECTRONIC FORMAT,THE INFORMATION CONTAINED ON THIS DOCUMENT IS
ONLY VALID IF THIS DOCUMENT IS ELECTRONICALLY SIGNED AS SPECIFIED IN CHAPTER 5J-17.062(3)OF THE FLORIDA ADMINISTRATIVE
CODE. IF THIS DOCUMENT IS IN PAPER FORMAT, IT IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE
PROFESSIONAL LAND SURVEYOR AND MAPPER OF RECORD.
ABREVIATION (IF ANY APPLIED) SURVEYOR'S LEGEND (IF ANY APPLIED)
A = CURVE P/W = PARKWAY
A/C = AIR CONDITIONING UNIT P.O.B. = POINT OF BEGINNING II BOUNDARY LINE ® CATCH BASIN
ASPH. = ASPHALT P.O.C. = POINT OF COMMENCEMENT
B.M. = BENCH MARK P.C. = POINT OF CURVATURE Ii STRUCTURE(BLDG.) 0 MANHOLE
Blk/Corn.= BLOCK CORNER P.I. = POINT OF INTERSECTION
CALC.(C) = CALCULATED P = PROPERTY LINE _-- — CONCRETE BLOCK WALL O.E. OVERHEAD ELECT.
CB = CATCH BASIN P.P. = POWER POLE
C.B.S. = CONCRETE BLOCK STRUCTURE P.R M.= PERMANENT REFERENCE METAL FENCE POWER POLE
CL = CLEAR MONUMENT
CONC. = CONCRETE P.T. = POINT OF TANGENCY ---•— WOODEN FENCE LIGHT POLE
D.M.E. = DRAINAGE MAINT. EASEMENT RAD. = RADIAL
0 = DIAMETER REC. (R) = RECORDED CHAIN LINK FENCE
EASMT. = EASEMENT RES. = RESIDENCE 6%, HANDICAP SPACE
ELEV. = ELEVATION R/W = RIGHT OF WAY A WOOD DECK/DOCK
ENC. = ENCROACHMENT SEC. = SECTION
F.D/H = FOUND DRILL HOLE S.D/H = SET DRILL HOLE I I ASPHALTED AREAS ''f HANDICAP SPACE
F.H. = FIRE HYDRANT S.N/D = SET NAIL AND DISC r,. CONCRETE — — — EASEMENT LINE
F.N/D = FOUND NAIL AND DISC S.I.P. = SET IRON PIPE
F.I.P. = FOUND IRON PIPE S.R.B. = SET REBAR !fern,: BRICKS OR PAVERS H WATER VALVE
F.S. = FOUND SPIKE STY = STORY
L.P. = LIGHT POLE SWK. = SIDEWALK - ROOFED AREAS
MEAS.(M) = MEASURED T.O.P. = TOP OF BANK
MH = MANHOLE U.E. = UTIL. EASEMENT L."1.-1::=A,--I WATER(EDGE OF WATERWAYS)
M = MONUMENT W.P. = WOODEN POLE
M = MONUMENT LINE = SECTION LINE
NTS = NOT TO SCALE