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Purchase of the Lottie Apartments, LLC ox(1-0187Sla 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 Nanson Torres jpi. Senior Assistant City Attorney DATE: January 28, 2015 SUBJECT: City of Miami Beach purchase of The Lottie Apartments, LLC 530 75th Street, 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\LottieWlemo to Clerk.doc Buyer/Seller A. Settlement Statement Settlement Statement B. Type of Loan 0 1.FHA 0 2.FmHA 0 3.Cony.Unins. 6.File Number 7.Loan Number 8. Mortg.Ins.Case Num. 0 4.V.A. 0 5.Cony.Ins. 247174-2 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:Lottie Apartments,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: 530 75 Street,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 J:+Summa "of bu er's,transaction<_-> l Tt:._.; ,` _ ..; KaSummary of sellers transaction - �- ! •,'. �;,i <" • . . ..... y= ;,.. r r-. r. . o t'd o`•se 101.Contract sales price 401.Contract sales price 102.Personal property •402.Personal property 103.Settlement charges to buyer(Line 1400) 22,750.13 403. 104. 404. 105. 405. ,a+Adjustments;for items paid bysellerin'advance - '°.°Adjustments for items.paid by+seller.in advance:_�� .r_', °,. } t•+ 106.City/town taxes • 406.City/town taxes 107.County taxes 407.County taxes 108.Assessments 408.Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120.Gross amount due from buyer: 22,750.13 420.Gross amount due to seller: 0.00 '200.Amounts•aid or.in'behalf of buyer.. ?500 Reductions!in.amount`due'to seller.i 1 =%?i 201.Deposit or earnest money 501.Excess deposit(see instructions) 202.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 1,477.92 203.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. Adjustments-for items'unpaid'.by'seller -; Y, ;__. . Adjustments,for items unpaid?byseller 210.City/town taxes 510.City/town taxes 211.County taxes 511.County taxes 212.Assessments 512.Assessments 213.Tenant Deposits 6,692.00 513.Tenant Deposits 6,692.00 214.Rent Credit 2,381.90 514.Rent Credit 2,381.90 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220.Total paid by/for buyer: 9,073.90 520.Total reductions in amount due seller: 10,551.82 C■slfaf ettlement fromlfo:buyer: _:, :`��.::•. :..- �._;.F`l:600:Caslfat settlement,tolfrom 301.Gross amount due from buyer 22,750.13 601.Gross amount due to seller 0.00 (line 120) (line 420) 302.Less amount paid by/for the buyer (9,073.90) 602.Less total reductions in amount due seller (10,551.82) (line 220) (line 520) 303.Cash( 0 From ❑To )Buyer: 13,676.23 603.Cash( ❑To 0 From )Seller: 10,551.82 • 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). B er's Initial(s): Seller's Initial(s): Mr e • DoubleTimeO (, Buyer/Seller Settlement Statement Page 2 ,:.Settlement:charges Paid from Paid from ... a'Buye�POC,=-Seller;"POC 700.Total Sales/Brokers Corn.based on price $836,537.00 @ %= Buyer's Seller's Funds at Funds at 701. %to Settlement Settlement 702. %to 703. Commission.aid at settlement 704. to 1800Atems.oavable mconnection wit `loan .. :, _:� -: .: ;<. ';;Buyzr POC;..;Seller P,OC 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 900:Items'reguired''by lenderto:be.paid;in advance -.? f ; , � , c s � z"•.: ::BuyerPOC SellerPOC,,f � 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 1t21000:.Reserves deposited:with::lender:.•..°'r ;: .. _:Buyer,POC:'SellerPOC 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 -11OO;:Title•charges • ;'. :. "�� ,, - ,'_� _°:� .,. •BuyerPOC,,._Seller..POC_ :r '.-.x'=" 1101.Settlement or closing fee to 1102.Abstract or title search to SUZANNE A.DOCKERTY,P.A. 275.00 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 6,175.00 (includes above item numbers: ) 1109.Lender's coverage(Premium): T , 1110.Owner's coverage(Premium): $1,440,000.00($6,175.00) 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 1:1200:Government recordinq:and transfer charges: 1201.Recording fees Deed $18.50 Mortgage(s) Releases $18.50 37.00 1202.City/county tax/stamps Deed $6,480.00 Mortgage(s) 6,480.00 1203.State tax/stamps Deed $8,640.00 Mortgage(s) 8,640.00 1204. to 1205. to 1300°Additional"settlement charges :,> :,- . Buyer POC°,Seller ROC,. ys f •,>: 1301.Survey to American Services of Miami,Corp. 595.00 1302.Waste to Waste Managment 468.13 1303.Water to City of Miami Beach 1,477.92 1304. to 1305. to 1306. to 1307. to 1308. to 1309. 1400:'•Total;settlement;charges: •-. _, m Enter on lines 103 Section J and 502.Section K 22,750.13 1,477.92 uyer's Initial(s): Seller's Initial(s): --ft a t DoubleTime® .. BUYER/SELLER SETTLEMENT STATEMENT ADDENDUM File Number: 247174-2 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 iami Beach a Florid- municipal _ ____ ation By: "Malin Ji.'y L. Mor=lea (Corporate Seal) Seller(s) MBCDC: Lottie Apartments, LLC a Florida _imited1 ---ility company By: ��t,� _410, —I Coyne 1 rew- i —.4 By: 4ri_ I il .. J r 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, n / Br• Date: % 7 // -S APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION AAA I (.; City Attorney p® 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® c 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:Lottie Apartments,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 respective members and directors of MBCDC: Lottie Apartments, LLC, a Florida Limited Liability Company and Miami Beach Community Development Corporation, Inc., a Florida Not-For-Profit Corporation held on January . y , 2015, the following resolution was duly adopted and voted, and it is in full force and effect and has not been rescinded or countennanded..ass of the date h e r e o f:..... . ... .... . . .. ...... .... ... . . ......... ........... ......... .. ........ ..... . ....... . ... . . . . .. . . ... .......... 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: Lottie Apartments, 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: Lottie Apartments, 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: Lottie Apartments, 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 -gi<j•-•,51-r\Ce.-- 0.--1.\0.)....,,A) ---wilif Or / ____...-_-___' Witness Name:� __ea-- Aar 6 By: Jo As un _sson, Secretary Witness Name: _ a vtiv,_a_ ' y, e_o- 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 D velopment Corporation, Inc., a Florida not-for-profit corporation, on behalf of said corporation. She [ is personally know to me or [ ] has p oduced a driver's license as identification. f L/ 2---- -"------- ' [Notary Seal] . - ry Public , Notary Public State of Florida �t cm _ I ` L4 Le - . Bianga Fonseca Printed Nuts e Al My Commission FF 154985 'loot?' oot ' Expires 09/19/2018 o P Exhibit"A" Legal Description Lot 8, Block 4, The Townsite of Harding, according to the map or plat thereof as recorded in Plat Book 34, Page 4,Public Records of Miami-Dade County,Florida. Parcel identification Number: 02-3202-003-0430 hereby certify that t..os ;S a true copy of 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:247174-2 [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 MBCDC: Lottie Apartments, LLC, a Florida limited liability company to City of Miami Beach, a Florida municipal corporation dated August 10, 2010, and recorded in Official Records Book 27389, Page 1007, of the Public Records of Miami-Dade County,Florida,securing one or more notes in the original principal sum of$1,864,000.00, and certain promises and obligations set forth in the mortgage deed,upon the following described land,to-wit: Lot 8, Block 4, The Townsite of Harding, according to the map or plat thereof as recorded in Plat Book 34,Page 4,Public Records of Miami-Dade County,Florida. Parcel Identification Number: 02-3202-003-0430 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 delivered in our presence: City of Miami Beach,a Flo da municipal corporation /_ By: fi•m11111111 Witness ► .me: teme 69/0/1.r Print Nam:: Jimm L. Morales 't /G`�� ee C t Manager �,` y Title: vl� Witness Name: c/44-N i'Vr -av vri''S STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me on this /a- day of January, 2015 by KIU j as C t7-v 1/1.4N Fa._ (title) of City of Miami Beach, a Florida municipal corporation, on behalf of the corporation, [ ] being personally known to me or [ ] having produced a Driver's license(s) as identification. or•••.; GISELA MANSON TORRES � // MY COMMISSION#EE 150933 •, Apnl 6,2016 Notary Public EXPIRES:A [Notary Seal] s;�--:�` P Bonded Thtu Budget Notary Services Printed Name: APPROVED AS TO My Commission Expires: FORM & LANGUAGE &F EX CUTION \o„, Puo GISELA NANSON TORRES•• ^► _ y , * MY COMMISSION#EE 150933 e°' � IS EXPIRES:April 6,2016 DoubleTim ✓ �� ;,§) Bonded Thru Budget Notary Services City Attorney Dote I , TERMINATION OF PROPERTY MANAGEMENT AGREEMENT THIS TERMINATION OF PROPERTyaIANAGEMENT AGREEMENT ("Termination Agreement") is made and entered into as of the trday of January, 2015, by and between MBCDC: LOTTIE APARTMENTS, 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 530 75th Street, Miami Beach, Miami-Dade County, Miami Beach certain real property located at 53 ty, Florida, known as the Lottie 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. 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: LOTTIE APARTMENTS, 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: Co = 1 Mir Belkis Beatriz Cuenca-Barberio airman of the Board Executive Director MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC., a Florida not-for-profit • Corporation Attest: By: �� i‘C.."—\11tAla2A—A> Co 1 Belkis Beatriz Cuenca-Barberio airman of the Board Executive Director STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On January 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 MBCD : Lottie Apartments, LLC, in the capacity aforestated. They are personally known to me orave produced a valid Florida driver's license as identification. ::M;1 �� Notary Public My Commission Expires [Notary Public Seal] a00.' :149et, GISELA NANSON TORRES ? * MY COMMISSION#EE 150933 '_.: EXPIRES:April 6,2016 Borwlerl Thar Budget Notary Services PROPERTY MANAGEMENT AGREEMENT Between MBCDC:The Lottie,and and Miami Beach Community Development Corporation,Agent THIS PROPERTY MANAGEMENT AGREEMENT("Agreement") is entered into by and between MBCDC:The Lottie ("Owner")a Florida limited liability company,and Miami Beach Community Development Corporation("Agent") a Florida not for profit corporation. 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 530 75th Street, 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. 0) "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 ,:. EXHIBIT b 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 couriseiiiig 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 $1,000.00 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 everii of emergency repairs, Agent shall notify Owner promptly, and in no event iater 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 R_ _oa Article 4, agent shall make such contracts as i1riay 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 persuris or property,or required Lu avoid suspension ui arty necessary services to tine 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. Article 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. Agent shall promptly remedy any violation of any such law, ordinance, rule, or regulation which comes to its 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 Aeent 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. G.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 (including loss of income due to business interruption), damage, or injury to tidUi o�y for itii>; � ). � . 1 Y 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 Agenit prior to cancellation. (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. Article 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 therefore 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 $3850/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. 132 - Entire Agreements-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:Lottie Apartments By Miami Beach Community Development Con oration,Inc.,its managing Member By:,t\,LLB - Date: c ature Print name .nd title By Miami Beach Community Development Corporation,Inc. By:tIOP :�_ V�aRick.:.1 Date: 61130 p( Y ,,� \ '-nat re . • b CV.31(.., IL-kie• Print name and title so 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: Lottie Apartments, 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 the 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: Lottie Apartments,LLC,a Florida limited liability company By: Miami Beach Community Development Corporation, Inc., a Florida not-for-profit corporation, its Manager and So e Member :y: C P •• s,Chairman Attest: 44 rt 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, Inc., Manager and Sole Member of MBCDC: Lottie Apartments, LLC, and attested by Belkis Beatriz Cuenca-Barberio, Executive Director who [J are personally known to me or [X] have produced a driver's lice%11t /k identificatio / [Notary Seal] Notary Public Printed Name: RY +o�.•••P %, GISELA NANSON TORRES * r(j„ * MY COMMISSION#EE 150933 My Commission Expires: EXPIRES:April 6,2016 � 44. 0,00 Bonded Thru Budget Notary Services Exhibit"A" Legal Description Lot 8, Block 4, The Townsite of Harding, according to the map or plat thereof as recorded in Plat Book 34, Page 4, Public Records of Miami-Dade County, Florida. Parcel Identification Number: 02-3202-003-0430 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: Lottie Apartments,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: Lot 8, Block 4, The Townsite of Harding, according to the map or plat thereof as recorded in Plat Book 34,Page 4,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. 1 I. 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 27-3283542. 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 1 have read the foregoing Affidavit and that the facts stated in it are true. MBCDC: Lottie Apartments, LLC,a Florida limited liability company By: Miami Beach Community Development Corporation, Inc.,a Florida not-for-profit corporation, its Manager and Sole Member is y: or ell r GPs, airman Attest: -4 , l/„ _ By: Belkis Beatriz Cuenca-Barberio, Executive Director State of Florida County of Miami-Dade 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: Lottie Apartments, LLC, and attested by Belkis Beatriz Cuenca-Barberio,Executive Director who[J a e personally known to me or[]have produced a driver's licenses as identification. 1 A //iti/ rad [Notary Seal] Notary Public Printed Name: +o S RY,p.,4�4(1 GISEIA NANSON TORRES My Commission Expires: * * MY COMMISSION#EE 150933 .':.mu'_.� EXPIRES:April 6,2016 s,r W. Bonded Nu Budget Notory 6enir�s FoF F�� Closing Affidavit(Seller)-Page 3 File Number:«Closing» DoubleTime Exhibit"A" Schedule of Leases Leases 'Tenant . Expiration of Lease Lease Cz;e 'Tenant Deposit. 1 Angel Vargas and Eduardo Jimenez 11/3012013 11123/2013 5707.00 2 Pedro Borquir.and Yasrnely Rodriguez 1/31/2014 21112013 5707.00 3 Mayra Morales and Melanie Morales 1/31/2615 1/3112014 3707.00 Guillermo Perez Gonzalez and Yanet N. 4 Mendez Marrero 11130:2014 11/2712013 5692,00 5:llaria Aranda 2/28/2015 2126:2014 5707.00 5 Vi:marie Figueroa 2 Sergio Caniza 1/31/2015 1130/'2014 51,051.00 7 Susan Serra and ACilu Viera 11130120/1 1112912013 5707.00 8 Rosseiie Echavarria 2/2312015 2/2812014 5707.00 9 Marcia V.Guerrero 3/31/2015 3128/20/4 5707.00 [56.692.60 Seller is not holding any sums in a reserve account. • Bill of Sale This Bill of Sale,made on January , 2015,between MBCDC: Lottie Apartments, 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 ($10.00)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: Lot 8, Block 4, The Townsite of Harding, according to the map or plat thereof as recorded in Plat Book 34,Page 4,Public Records of Miami-Dade County,Florida. Also known as 530 75 Street,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: Lottie Apartments, LLC,a Florida limited liability company By: Miami Beach Community Development Corporation, Inc.,a Florida not-for-profit corporation, its Manager and Sole Member LOP 9.4fri B :C i ell rew C airman Attest:ett.kditt., By: Belkis Beatriz Cuenca-Barberio, Executive Director State of Florida County of Miami-Dade c% lv 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: Lottie Apartments, LLC, and attested by Belkis Beatriz Cuenca-Barberio, Executive Director who [_.]are personal] known to me or [have produced a driver's licenses as identification. I " 114-Z. afitt rasm- [Notary Seal] Notary Public Printed Name: o‘Pp.P ee.. GISELA NANSON TORRES � �� o MY COMMISSION#EE 150933 My Commission Expires: * `oi' * EXPIRES:April 6,2016 sj1lEOf'f�o�\°� Bonded Thru Budget Notary Services DoubleTime Prepared by and return to: p Y Suzanne A.Dockerty Attorney at Law SUZANNE A.DOCKERTY,P.A. 110 Merrick Way Suite 3-B Coral Gables,FL 33134 File Number: 247174-2 [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this day of January,2015 between MBCDC: Lottie Apartments,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: Lot 8, Block 4, The Townsite of Harding, according to the map or-plat thereof as recorded in Plat Book 34,Page 4,Public Records of Miami-Dade County, Florida. Parcel Identification Number: 02-3202-003-0430 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: Lottie Apartments,LLC,a Florida limited liability company By:Miami Beach Community Development Corporation, Inc.,a Florida not-for-profit corporation,its Manager and Lcc)„, Sole Member oi , l Witness Name: I■'C h%\ S \• , n qv. ,Chairman ,✓ AN /a#16 Attest:� Kt I Witness Name: S i(LCA 4�1-9-'�..-�J 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,Inc., Manager and Sole Member of MBCDC: Lottie Apartments,.LLC, and attested by Belkis Beatriz Cuenca-Barberio, Executive Director who L] are personally known to me orX] have produced a driver's licenses as identification. Ai(. ( %i [Notary Seal] Notary Public Printed Name: GISELA MANSON TORRES My Commission Expires: * .* MY COMMISSION#EE 150033 nifir = EXPIRES:April 6,2016 ''FOC,P> Bonded Nu Budget Notary Services Warrant),Deed-Page 2 DoubleTime" • ASSIGNMENT AND ASSUMPTION OF LEASES This ASSIGNMENT AND ASSUMPTION OF BUSINESS LEASE (this "Assignment"), is dated as of January q , 2015, by and between MBCDC: Lottie Apartments, 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. I ' 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: Lottie Apartments, 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 BY: A. mmi■ II 1 Chairman Nam : Jim y L. Morales Title: City Manager Attest: B : NAL Yl AIV Belkis Beatriz Cuenca-Barberio Executive Director APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ' (- 9 — (5 City Attorney ; Date Exhibit"A" Schedule of Leases Leases — I i enant ..7Exoiration of Lease 'Lease Date !Tenant Deposit': • 1 Angel Vargas and Eduardo Jimenez 1113012013 1/123/2013 5707.00 2 Pedro Sorquir.and Yasmely Rodriguez 1/31/2014 21112013 5707.00 3 Mayra Morales and Melanie Morales //3112015 1/3112014 5707.00 Guillermo Perez Gonzalez and Yanet N. 11/27/2013 5692.00 4 Mendez Marrero 11/30/2014 5 Maria Aranda 2/28/2015 212812014 5707.00 5 Viimarie Figueroa&Sergio Caniza 1/3112015 1130/2014 31,051.00 7 Susan Serra and Aditu':iera 1113012014 11129/2013 5707.00 8 Rosselie Echavarria 2128//2015 2/28;2014 5707.00 9 Marcia V.Guerrero 3/31/2015 3/2812014 5707.00 I l [56.692.00 • Seller is not holding any sums in a reserve account. • • • OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT Schedule A Fund File Number:01-2014-110808 Effective Date: Agent's File Reference: Premium: — December 22,2014 a-1 1:00 PM .247174-2 1. Policy or Policies to be issued: Proposed Amount of Insurance: OWNER'S: ALTA Owner's Policy(06/17/06).(With Florida Modifications) $1,440,000.00 Proposed Insured: City of Miami Beach,a Florida municipal corporation MORTGAGEE:N/A 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: Lottie Apartments, LLC,a Florida limited liability company 4. The Land referred to in this Commitment is described as follows: Lot 8,Block 4,The Townsite of Harding,according to the plat thereof as recorded in Plat Book 34,Page(s)4,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 Page 1 of 4. this .S a true copy of. t a 4 glnal 0.07 C113-1 /1,14 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT Schedule B-I Fund File Number: Agent's File Reference: 01-2014-110808 247174-2 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: Lottie Apartments, LLC, a Florida limited liability company to the proposed insured purchaser(s). 3. Record satisfaction of the mortgage from MBCDC: Lottie Apartments, LLC, a Florida limited liability company to City of Miami Beach dated August 10, 2010, and recorded in O.R. Book 27389, Page 1007, Public Records of Miami-Dade County,Florida. 4. 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.(MBCDC: Lottie Apartments,LLC,a Florida limited liability company) 5. 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. (MBCDC: Lottie Apartments,LLC,a Florida limited liability company) 6. 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. (MBCDC: Lottie Apartments, LLC, a Florida limited liability company) 7. A determination should be made that the member executing the 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. (MBCDC: Lottie Apartments, LLC,a Florida limited liability company) 8. If the limited liability company has elected to be governed by Ch. 605, F.S. by amending their operating agreement pursuant to same,the following requirements apply: i)Recordation and review of a certified copy of the amendment to the operating agreement, in accordance with Sec. 605.1108(l)(b), F.S. ii).Recordation and review of a certified copy of the statement of authority in accordance with Sec. 605.0302, F.S. iii)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. iv)A 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.(MBCDC: Lottie Apartments, LLC,a Florida limited liability company) 9. 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. (MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC.,a Florida not for profit corporation.) Form CF6-SCH.-B-I(rev. 12/10) Page 2 of 4 ti OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT Schedule B-I (Continued) Fund File Number: Agent's File Reference: 01-2014-110808 247174-2 -- - -10. 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. (MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC.,a Florida not for profit corporation.) 11. 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.(MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION,INC.,a Florida not for profit corporation.) 12. A determination must be made that there are no unrecorded special assessment liens or unrecorded liens arising by virtue of ordinances, unrecorded agreements as to impact or other development fees, unpaid waste fees payable to the county or municipality,or unpaid service charges under Ch. 159,F. S.,or county ordinance. 13. Resolution by the City of Miami Beach, in compliance with all applicable procedures,for purchasing the property to be insured. 14. Affidavit to be executed by a knowledgeable person stating: 1)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 this commitment, and the recording of the interest to be insured. 2)That the seller(s)have not and will not execute any instruments that would adversely affect the interest to be insured. 15. A survey meeting The Fund's Title Notes requirements must be furnished. If such survey reveals any encroachments, overlaps, boundary line disputes, or other adverse matters, they will appear as exceptions in the policy to be issued based upon this commitment. 16. Closing funds are to be disbursed by or at the direction of the Title Agent identified at bottom of Schedule A. 17. 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. 18. Title Agent is to record the insured instruments as soon as possible after closing. 19. If closing does not occur within six weeks of the effective date of this product, the member must confirm the continued good standing of any buyer,seller,or mortgagor which is not a natural person. Form CF6-SCH.-B-I continued(rev.05/10) Page 3 of 4 M � OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT Schedule B-II Fund File Number: Agent's File Reference: 01-2014-110808 247174-2 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 ent to the Effective Date hereof but prior to the date the Proposed Insured acquires for value of or attaching subsequent p p q 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 2015,and subsequent years. b. Rights or claims of parties in possession not recorded in 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. Rights of the lessees under unrecorded leases. Form CF6-SCH.-B-11(rev. 12/10) Page 4 of 4 JOB No. 14-1215 1 LOCATION MAP HOUSE PICTURE CARLYLE AVENUE 'DATE OF SURVEY: Dec.08,2014 s s REVISION DATE '0. 13 12 11 10 Y W , CERTIFY TO re CITY OF MIAMI BEACH,A FLORIDA MUNICIPAL - CORPORATION e s 4 3 2 1 ul OLD REPUBLIC NATIONAL TITLE INSURANCE CO. SUZANNE A.DOCKERTY,P.A. 40, SITE ADDRESS: 530 75th STREET, MIAMI BEACH, FL. 33139 FOLIO No.02-3202-003-0430 ;: CARLYLE AVE. 80' TOTAL' 43-:::::: :::::;::::::: ..•::: :::::::::;;:::::;:.:::::::::;::_ ,::::::::;: ._::::: °I'..:.: : :- : : 44' Asphalt Pavement ...s. . :.:; :: CC w C & Gutt U } • LP.. : 5.5' Sidewalk z CC T., N.2'32'43"W. o .e J Q50.00' M&R . ..::::..:: ::: F.I.P. Brick •. Q Walk :1:::.:: :::::: ::: :: (no 2caP) ►IIIII 4,5.1'2:::••:: :::-:::-::::•:::::-:::::?: ::-: :: ZConc. - 36.20 Y �::•::::•::::::.�::::::•::::::::::::.::::::::::::.::. Stairs 0 ^ �O N �_ LL 1.00' '� ._'-. •.-. I-' O _ W I ::.:. V °o 8 E LLJ .g Y m ... N I LJ :•::::::::.::::.�:..vi J▪ m W O U O C,,LLI LL! 2 u 1/ M.,. O. :_.-:• :•::•'::•:.t•::..._:: 1+..+1.0 .L CL 0 MI Off "6 in L�L+- o M % N �';'r.::.:-::::::.:.:.::::::::-::::.:::-::.: ::: m t ; �0 Z =- '..G. :::::::::: Porch do Balcony o V ::1A a N 1.00' . I 1 Conc. Stairs c C v -- N C 8.70' 36,20' a' 0: •5 : I . O F.I.P. •: SURVEY REPORT: 14-1215 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: 0 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. 120651-0326L,WITH AN EFFECTIVE DATE OF SEPT. 11,2009. BASE FLOOD ELEVATION OF 8.00 FEET 20 LAND AREA OF SUBJECT PROPERTY: 7,500 SF(+1-) 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.2°32'43"W.,BEING THE RECORDED BEARING FOR THE CENTERLINE OF CARLYLE AVE.,AS SHOWN ON PLAT BOOK 34 AT PAGE 4 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 Ko FOOT FOR NATURAL GROUND SURFACES AND Yloo 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) ▪ = :„R ARKMA- A > = a.R c .� °.J.3 =POINT _ BOUNDARY LINE ® CATCH BASIN ASPS. A��-��- JJ POINT ter=C.:MKSNCEu 3.M.=3ENCa MAP'S( = =POINT CF CURVATURE p STRUCTURE(BLDG.) 0 MANHOLE 31k/Corn=3L..' :CRvEA � =POINT OF;N'.ERSEC'TCN CALC.(C) _Ja. _A`_ ?=PROPERTY LAE CONCRETE BLOCK WALL O.E. OVERHEAD ELECT. CB=CATCH BASIN P. =POWER POLE C 3.5. =CONCRETE BLOCK STRUCTURE R M=,ERMANEN'REFERENCE METAL FENCE Alr, POWER POLE =CLEAR MONUMENT CONC. =CONCRETE =T =POINT OF TANGENCY WOODEN FENCE LIGHT POLE =DRAINAGE MA.NT.EASEMENT RAD. =RADIAL a=DIAMETER REC (R)-RECORDED CHAIN LINK FENCE P EASMT =EASEMENT RES. =RESIDENCE ® WOOD DECK/DOCK !C` HANDICAP SPACE • =-.`valoN R/W=R!GT OF MAY END.=ENCROACHMENT SEC =SECTION I ASPHALTED AREAS ti HANDICAP SPACE =.D/`+ _=CLAD DRILL.OLE S.D/M =SET DRILL c•RE S.N;D =SET NA,L Av.. v;o--JLND NAIL .AND DISC S.Q.P. =SET RON 3'PE ( I CONCRETE EASEMENT LINE z.p 3'PE S.R 3 = SE-REBAR BRICKS OR PAVERS WATER VALVE 5. =FOUND SP.KE ST"=STORY ? - GI-IT POLE SNK. =SIDEWALK r". .1 ROOFED AREAS MEAS.(M)=MEASURED '.0? _ 'OP OF BANK Mh+ -MANI-OL. - _ .TL. EASEMENT =1 WATER(EDGE OF WATERWAYS) M =MONUMENT N.P. - NOCCEN TOLE • MCNLMENT-:NE p=SECTION_NE v'S=NOT TO SCALE