2016-29633 Reso RESOLUTION NO. 2016-29633
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-
93(a), OF THE CITY CODE, SETTING A PUBLIC HEARING TO
CONSIDER APPROVING A REVOCABLE PERMIT REQUEST BY
AMERICAS TRADE CENTER, IN ORDER TO ALLOW THE
INSTALLATION OF A MARQUEE AND BLADE SIGNAGE ON THE
LINCOLN ROAD FACADE OF THE FORMER CARIB THEATER,
LOCATED AT 230 LINCOLN ROAD, WHICH CANOPY WOULD BE
CONSISTENT WITH THE HISTORIC DOCUMENTATION FOR THE
CONTRIBUTING STRUCTURE, LOCATED WITHIN THE FLAMINGO
PARK LOCAL HISTORIC DISTRICT, AND WHICH CANOPY WOULD
EXTEND APPROXIMATELY 18 FEET OVER THE RIGHT-OF-WAY
(SIDEWALK) ON LINCOLN ROAD, WOULD BE 26 FEET IN LENGTH,
WITH A CLEARANCE OF APPROXIMATELY 17 FEET ABOVE THE
SIDEWALK, AND CONSIST OF A TOTAL AREA OF 469.30 SQUARE
FEET.
WHEREAS, Americas Trade Center, (Applicant) is the owner of the building, located at
230 Lincoln Road, and is requesting a revocable permit for the recreation of the historic canopy
on the north façade extending approximately eighteen feet over the sidewalk; and
WHEREAS, on June 9, 2015, the City's Historic Board Preservation Board (HPB),
through HPB File No. 7362, required that Applicant install a canopy along the northern portion of
the building, in order to replicate the original canopy in accordance with available historic
documentation, inclusive of location and dimensions for the Contributing structure located in the
Flamingo Park Historic District; and
WHEREAS, based upon the HPB order, the Applicant is proposing the reintroduction of
the original canopy, measuring approximately 26 feet long and 18 feet wide with a clearance of
approximately 17 feet above the sidewalk; and
WHEREAS, the improvements being proposed by the Applicant will restore the historic
canopy and further enhance the City's Flamingo Park Local Historic District; and
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission desires
to schedule the public hearing to consider the request for a revocable permit; and
WHEREAS, the Administration recommends scheduling of the public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, pursuant to
Section 82-93(a), of the City Code, hereby set a public hearing to consider approving a
revocable permit request by Americas Trade Center, in order to allow the installation of canopy
on the north façade of the building, located at 230 Lincoln Road, which canopy would be
consistent with the historic documentation for the Contributing structure within the Flamingo
Park Local Historic District, and which canopy would extend approximately 18 feet over the
right-of-way (sidewalk) on Lincoln Road, would be 26 feet in length with a clearance of
approximately 17 feet above the sidewalk, and consist of a total area of 469.30 square feet.p
PASSED and ADOPTED this / day of //OVtmkr-
ATTEST:
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We are committed to providing excellent public service and solely to all who live, work,and play in our vibrant, tropical,'historic community.
Resolutions - C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 9, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82- 93(a), OF THE CITY
CODE, SETTING A PUBLIC HEARING TO CONSIDER APPROVING A
REVOCABLE PERMIT REQUEST BY AMERICAS TRADE CENTER, IN ORDER
TO ALLOW THE INSTALLATION OF A MARQUEE AND BLADE SIGNAGE ON
THE LINCOLN ROAD FACADE OF THE FORMER CARIB THEATER, LOCATED
AT 230 LINCOLN ROAD, WHICH CANOPY WOULD BE CONSISTENT WITH THE
HISTORIC DOCUMENTATION FOR THE CONTRIBUTING STRUCTURE,
LOCATED WITHIN THE FLAMINGO PARK LOCAL HISTORIC DISTRICT, AND
WHICH CANOPY WOULD EXTEND APPROXIMATELY 18 FEET OVER THE
RIGHT-OF-WAY (SIDEWALK) ON LINCOLN ROAD, WOULD BE 26 FEET IN
LENGTH, WITH A CLEARANCE OF APPROXIMATELY 17 FEET ABOVE THE
SIDEWALK,AND CONSIST OF A TOTAL AREA OF 469.30 SQUARE FEET.
RECOMMENDATION
The Administration recommends approving the Resolution and set the Public Hearing.
ANALYSIS
Americas Trade Center, (Applicant) is the owner of the building, located at 230 Lincoln Road,
and is requesting a revocable permit for the recreation of the historic canopy on the north
façade extending approximately eighteen feet over the sidewalk.
On June 9, 2015, the City's Historic Board Preservation Board (HPB), through HPB File No.
7362, required that Applicant install a canopy along the northern portion of the building, in order
to replicate the original canopy in accordance with available historic documentation, inclusive of
location and dimensions for the Contributing structure located in the Flamingo Park Historic
District.
Based upon the HPB order, the Applicant is proposing the reintroduction of the original canopy,
measuring approximately 26 feet long and 18 feet wide with a clearance of approximately 17
feet above the sidewalk.
The improvements being proposed by the Applicant will restore the historic canopy and further
enhance the City's Flamingo Park Local Historic District. Pursuant to Section 82-93(a) of the
Page 194 of 906
City Code, the City Commission desires to schedule the public hearing to consider the request
for a revocable permit.
ENGINEERING ANALYSIS
The City Code provides the ability to obtain a revocable permit for the encroachment of the
historic canopy into the Lincoln Road pedestrian right of way. The Applicant satisfies the
revocable permit criteria stated in Section 82-94 of the City Code as follows:
• The Applicant's need is substantial.
The Applicant respectfully requests the revocable permit in order to comply with the conditions
of the HPB Order No. 7362. The revocable permit will allow the Property to maintain compliance
with this development approval and allow for the modern replica of the historic canopy to
maintain its aesthetics.
• The Applicant holds title to an abutting property.
The Applicant owns the subject Property.
• The proposed improvements will comply with applicable codes, ordinances, regulations,
neighborhood plans and laws.
The marquee and blade signage will comply with applicable codes, ordinances, regulations,
neighborhood plans and laws. The restoration of the marquee has been specifically requested
by the HPB, and the Applicant has requested a revocable permit to ensure that encroachment of
the required canopy complies with the applicable regulations.
• The granting of the application will have no adverse effect on governmental/utility easements
and uses on the property.
The granting of the revocable permit will allow the Applicant to recreate the historic marquee that
existed on the property for decades previously. The marquee will be installed at an appropriate
height, 17 feet clearance, which permits free pedestrian passage below the marquee and does
not obstruct the right-of-way. The restored marquee and blade signage will have no adverse
effect on governmental/utility easements on the property.
•An unnecessary hardship exists that deprives the Applicant of a reasonable use of the land.
The HPB made a determination that the marquee should be recreated in compliance with the
historic aesthetic of the former Carib Theater. The restoration of the marquee results in the
required revocable permit. Due to the existing building location, and the HPB requirement for the
restoration of the marquee, the Application would suffer a hardship if not granted this revocable
permit.
• That the granting of the revocable permit will enhance the neighborhood and/or community by
such amenities as, for example, enhanced landscaping, improved drainage, improved lighting,
and improved security.
The proposed marquee and blade signage will pay homage to the historic appearance of the
Page 195 of 906
newly renovated space and promote pedestrian interest in the heavily traversed Lincoln Road
Mall. Further, the restoration of the marquee will increase the value of the Property, and in turn
that of the district.
• That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied by this article to other owner of land, structures or buildings subject to
similar conditions located in the same zoning district.
Granting the revocable permit will not confer any special privilege upon the Applicant. Any
property owner within the City of Miami Beach can apply for a revocable permit; provided that
the application meets the criteria stated in the Code does not interfere with the utilization of
public property, and enhances the community. Many historic buildings were similarly constructed
with canopies projecting into the right-of-way and to recreate any such historic canopy would
also require a revocable permit application.
• That granting the revocable permit will devalue any of the adjacent properties and will not have
a detrimental effect on the public welfare. In fact it will improve the historic character of the
property and the surrounding area.
Granting the revocable permit will not devalue any of the adjacent properties and will not have a
detrimental effect on the public welfare. In fact, it will improve the historic character of the
Property and the surrounding area.
CONCLUSION
The Administration recommends approving the Resolution and set the Public Hearing.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Resolution
❑ Application
Page 196 of 906
GreenbergTraurig
Alfredo J.Gonzalez
Tel.(305)579-0588
Fax(305)961-5588
gonzalezaj @gtlaw.com
July 10, 2016
Mr. Carey Osbourne,
Right of Way Manager
City of Miami Beach
Public Works Department
1700 Convention Center Drive •
Miami Beach, Florida 33139
Re: Americas Trade Center, The Application for Revocable Permit for a Marquee
and Blade signage/ 230 Lincoln Road, Miami Beach, Florida.
Dear Mr. Osbourne:
This letter accompanies the application by Americas Trade Center (the "Applicant")
for 230 Lincoln Road, (the "Project") for the request of a public hearing before the City of
Miami Beach City Commission to approve a Revocable Permit.
The proposed project is the renovation of an abandoned interior mall structure with
many small shops that closed over 25 years ago in the 1980's, located at 230 Lincoln
Road. The building on the Project is in the Flamingo Park Historic District, is not a
contributing building to the district. The Building originally housed the Carib Theater, one
of a series of similar Movie Palaces built by the Wometco Group throughout the country, -
and featuring the typical marquee and map feature on the Lincoln Road Façade as well as
a `Caribbean themed' interior.lobby with a large retractable skylight.
In homage to the lost marquee and lobby of the original theatre building, the
proposed development of the site reintroduces these elements in a modern interpretation.
The marquee becomes an iconic feature that integrates with the new building's open
exterior tropical courtyard and both prominent design features are carefully based on the
original theatre's proportions, motifs and are reflective of the design spirit of the original.
The map is reinterpreted in an etched and lit glass reinterpretation,, located above the
marquee feature. The reinterpretation of the tropical lobby as an iconic and significant
public courtyard space will bring increased pedestrian activity to this block of Lincoln Road,
• and will be a bridge between the high pedestrian use of Collins Avenue_and the Pedestrian
portion of Lincoln Road to the West. The Historic Preservation Board issued HPB Order
File 7362 originally on May 14, 2013 and then modified on June 9, 2015.
The marquee and the blade signage will be located in an area over the public right
of way containing 469.30 sq. ft. as described in the attached survey by Alvarez,
Aiguesvives and Associations. The Marquee sign is approximately 17' above the sidewalk
and the blade signs begin at approximately 32' 9 1/2".
GREENBERG TRAURIG,P.A. ■ ATTORNEYS AT LAW • WKVq.GTi AW.OT'MU6
333 S.E.2nd Avenue • Suite 4400 o Miami,FL 33131-3238 • Tel 305.579.0500 • Fax 305.579.0717
•
Mr. Carey Osbourne
Public Works Department
July 10, 2016
Page 2 of 2
The application would fall under the Lincoln Road enhanced signage district and
would if approved be in conformity with the surrounding properties. Therefore the Applicant
working with the staff and based on the foregoing, we respectfully request your favorable
consideration of this Revocable Permit.
Very truly ou s,
tioir
ft-cis '. tonz:lez, Esq.
Enclosures
MIA 185395774v1
•
•
•
Page 200 of 906
GREENBERG TRAURIG,P.A. • ATTORNEYS AT LAW • WWW.GTLAW.COM
SKETCH OF LEGAL DESCRIPTION
AERIAL SIGNAGE EASEMENT
A portion of land in Section 34,Township 53 South,Range 42 East
City of Miami Beach,Miami-Dade County,Florida.
Scale I"=30'
For: Carib Mall Associates LLC
Address: 230 Lincoln Road, Miami Beach,FL 33139
Legal description of an Aerial Signage Easement located in Section 34, Township 53 South,
Range 42 East,City of Miami Beach, Miami-Dade County,Florida,more particularly .
described as follows:
Commence at the Northeast corner of Lot 9,Block 54, of FISHER'S FIRST SUBDIVISION
OF ALTON BEACH, according to the Plat thereof,as recorded in Plat Book 2,Page 77, of the 0 20 40
Public Records of Miami-Dade County,Florida; thence S88°05'19"W for 40.83 feet to the I I—I
•
Point of Beginning of said easement; thence continue S88°05'19"W along the North line of SCALE IN FEET
said Block 54 for 26.00 feet; thence N01°54'41"W perpendicular to the North line of said
Block 54 for 18.05 feet; thence N88°05'19"E,parallel to said North line of Block 54, for 26.00
feet; thence S01°54'41"E for 18.05 feet to the Point of Beginning. Containing 469.30 sq.ft. .
more or less.
•
LINCOLN ROAD
. — 1 -q.
AERIAL
SIGNAGE
•
o EASEMENT o P.0.C.
° ° NE CORNER
o N88•05'19"E o
10 26.00' LOTS •
V"/ W BLOCK 54
■ oao �
40.83'
m Z m N N88'05'19
"E
• ——— _i. .--— 26.00 .0.B.
S88'051 i"W
LOT 8
LOT 10 LOT 9
LOT 11 BLOCK 54
BLOCK 54 BLOCK 54 BLOCK 54
(P.B. 2 PG 77) (P.B. 2 PG 77) (P.B. 2 PG 77) (P.B. 2 PG 77)
• Date:06/06/2016
This Sketch is not a Boundary Survey.
Not valid without the signature and the original raised seal ABBREVIATIONS:
of a Florida licensed surveyor and mapper. P.O.C.=Denotes Point of Commencement
PREPARED BY: P.O.B.=Denotes Point of Beginning
/ Not valid unless Alvarez,Aiguesvives and Associates, Inc.
_-_____ X-1-_-_,_ It bears the
i L.B. No. 6867
signature and the
'� •ESVIVES original raised Surveyors, Mappers and Land Planners
seal of Florida
P"OFESS ON/ SURVEYOR AND II ed Surveyor 5701 S.W. 107th Avenue#204, Miami, FL 33173
MAPPER No.4327. State of Florida. P '1vj Ofa Mapper. Phone 305-220-2424 Fax 305-552-8181
CFN: 20150386592 BOOK 29659 PAGE 1223
DATE:06/17/2015 10:47:57 AM
HARVEY RUVIN,CLERK OF COURT,MIA-DADE CTY
HISTORIC PRESERVATION BOARD
City of Miami Beach, Florida
• MEETING DATE: June 9, 2015
FILE NO: 7362
PROPERTY: 230 Lincoln Road 1
APPLICANT: Americas Trade Center
•
•
LEGAL: Beginning at a point on South Line of Lincoln Road 40 feet West of the
Northeast Corner of Lot 9 for point of beginning west 30 feet South 100
feet, West 35 feet, South 195 feet, East 100 feet, North 195 feet, West 35
feet to point of beginning, Block 54 according to the Plat thereof, as
recorded in Plat Book 2, page 77 of the Public Records of Miami-Dade
County., Florida.
IN RE: The Application for modifications to a previously issued Certificate of
•
Appropriateness for the partial demolition, renovation and rehabilitation of
an existing 'non-contributing' structure as part of a new retail development. •
Specifically, the applicant is requesting design modifications, to the
previously approved building.
SUPPLEMENTAL ORDER I;
The applicant filed an application with the City of Miami Beach Planning Department for a
Certificate of Appropriateness.
•
•
The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, L.
based upon the evidence, information, testimony and materials presented at the public hearing
and which are part of the record for this matter:
I. Certificate of Appropriateness •
• A, The subject structure Is classified as a 'Non-Contributing' structure in the Miami Beach
Historic Properties Database, and is located within the Flamingo Park Local Historic
District.
B. Based on the plans and documents submitted with the application, testimony and
Information provided by the -applicant, and the reasons set forth in the Planning
Department Staff Report, the project as submitted:
Page 202 of 906
CFN:20150386592 BOOK 29659 PAGE 1224
Page 2 of 5
HPB File No. 7362
Meeting Date: June 9, 2015
1. Is consistent with the Certificate of Appropriateness Criteria in Section 118-.564(a)(1)
of the Miami Beach Code.
2. Is not consistent with Certificate of Appropriateness Criteria 'c' in Section 118-
564(a)(2)of the Miami Beach Code.
. N
3. Is not consistent with Certificate of Appropriateness Criteria 'b', 'c' & 'g' in Section
118-564(a)(3)of the Miami Beach Code.
•
•
• 4. Is not consistent with Certificate of Appropriateness Criteria 'a-e ' for
•
Demolition in Section 118-564(f)(4)of the Miami Beach Code.
C, The project would be consistent with the criteria and requirements of section 118-564 if
the following conditions are met:
1. Revised elevation, site plan and floor plan drawings shall be submitted and, at a
•
minimum, such drawings shall Incorporate the following:
•
•
•
a. The proposed west wall and open beam roof system of the entrance corridor shall •
be constructed of off-farm—oe+n •rrete steel framing veneered with a colored
aluminum or non-corrosive panels consistent with a neutral reddish orange color, •
in a manner to be reviewed and approved by staff consistent with the Certificate of •
Appropriateness Criteria and/or the directions from the Board.
•
b. The final design and details of the'faeatng--r-eam'glass elevator and-its operational
components-shall be provided, in a manner to be reviewed and approved by staff
•
consistent with the Certificate of Appropriateness Criteria and/or the directions
from the Board.
•
c. The final design and details of the coated glass etolaed map shall be provided, in a
manner to be reviewed and approved by staff in a manner to be reviewed and
approved by staff consistent with the Certificate of Appropriateness Criteria and/or
the directions from the Board.
• d. The proposed grilled roll-up security gate located along Lincoln Road shall consist
of a high quality material and design, in a manner to be reviewed and approved by
•
staff consistent with the Certificate of Appropriateness Criteria and/or the
directions from the Board.
• e. A copy of all pages of the recorded Supplemental Final Order shall be scanned
Into the plans submitted for building permit, and shall be located immediately after
the front cover page of the permit plans.
2. Applicant agrees that In the. event Code Compliance receives complaints of
unreasonably loud noise from mechanical and/or electrical equipment, and determines
the complaints to be valid, even If the equipment is operating pursuant to manufacturer
specifications, the applicant shall take such steps to mitigate the noise with noise
attenuating materials as reviewed and verified by an acoustic engineer, in a manner to
Page 203 of 906 (�o
CFN:20150386592 BOOK 29659 PAGE 1225
•
Page 3 of 5
HPB File No. 7362
Meeting Date: June 9, 2015
be reviewed and approved by staff consistent with the Certificate of Appropriateness
• Criteria and/or the directions from the Board.
3. The Applicant agrees that a project manager will be retained to ensure that all aspects of
the development permitting and licensing processes are coordinated and consistent with
the approved plans. The applicant agrees to submit the name and contact information
for the project manager to the Planning Department within 90 days of the June 9, 2015
meeting. Failure to comply with this condition within the specified time shall result in
notice and a hearing before the Board to extend the tirneframe.
4. The Supplemental Final Order shall be recorded In the Public Records of Miami-Dade
County, prior to the issuance of a Building Permit.
•
•
5. Satisfaction of all conditions is required for the Planning Department'to give its approval
on a Certificate of Occupancy; a Temporary Certificate of 'Occupancy or Partial
Certificate of Occupancy may also he conditionally granted Planning Departmental
approval. •
•
6. The Supplemental Final Order shall be recorded in the Public Records of Miami-Dade
County, prior to the issuance of a Building Permit.
•
7. The Supplemental Final Order Is not severable, and if any provision or condition hereof
is held void or unconstitutional in a final decision by a court of competent jurisdiction, the
order shall be returned to the Board for reconsideration as to whether the order meets
the criteria for approval absent the stricken provision or condition, and/or it is appropriate
to modify the remaining conditions or Impose new conditions, •
8. The previous Final Order dated May 14, 2013 shall remain In full force and effect, except
to the extent modified herein.
9, The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in Interest and assigns.
•
10. Nothing in this order authorizes a violation of.the City Code or other applicable law, nor
allows a relaxation of any requirement or standard set forth in the City Code.
•
Nothing in this order authorizes a violation of the City Code or other applicable law, nor allows a
relaxation of any requirement or standard set forth in the City Code.IT IS HEREBY ORDERED,
based upon the foregoing findings of fact, the evidence, Information, testimony and materials
presented at the public hearing, which are part of the record for this matter, and the staff report ;I
and analysis, which are adopted herein, Including the staff recommendations, which were
amended and adopted by the Board, that the Certificate of Appropriateness is GRANTED for
the above-referenced project subject to those certain conditions specified in Paragraph I, 11,111 of
the Findings of Fact, to which the applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Historic Preservation Board, as determined by staff, entitled "230 Lincoln Road -- Retail Bldg",
as prepared by Revuelta Architecture International, PA., dated 4/27/2015.
Page 204 of 906
CFN: 20150386592 BOOK 29659 PAGE 1226
Ij
Page 4 of 5
FIPB File No. 7362
Meeting Date: June 9, 2015
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the plans approved by the Board, modified in accordance with the
conditions set forth in this Order. No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance, as set forth in this Order,
have been met.
•
The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all
• other required Municipal, County and/or State reviews and permits, including final zoning
approval. If adequate handicapped access is not provided on the Board-approved plans, this
approval does not moan that such handicapped access is not required. When requesting a
building permit, the plans submitted to the Building Department for permit shall be consistent
with the plans approved by the Board, modified in accordance with the conditions set forth in
this Order.
•
•
If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
date at which the original Certificate of Appropriateness was granted, the Certificate of
Appropriateness will expire and become null and void. If the Full Building Permit for the project
should expire for any reason (including but not limited to construction not commencing and
continuing, with required inspections, in accordance with the applicable Building Code), the
Certificate of Appropriateness will expire and become null and void.
•
In accordance with Section 118-561 of the City Code, the violation of any conditions and
• safeguards that are a part of this Order shall be deemed a violation of the land development
regulations of the City Code. Failure to comply with this Order shall subject the Certificate of
Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate
of Appropriateness.
•
•
Dated this day of_ J Jit U 20 !S,
• HISTORIC PRESERVATION BOARD
THE CIT O MIAMI BEACH, FLORIDA
DEBORA' ACKETT
PRESERVATION AND DESIGN MANAGER
FOR THE CHAIR
STATE OF FLORIDA ) i
)SS
•
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this IZ ` day of
li une. • 20 by by Deborah Tackett, Preservation and Design Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me.
Page 205 of 906
CFN:20150386592 BOOK 29659 PAGE 1227
•
it
Page 5 of 5
HPB File No. 7362
Meeting Date: June 9, 2015 it
1 JF WALDMYS J.RODOIJ t t
°'' ..�h MY COMMISSION RFFF039521 1 • �`j/
EXPIRES:JUL 24,2017 NOTARY I:L I C
•,10 Bonded Through 1st State Insurance Miami-Dade County, Florida
My commission expires: '-(?,t{kold •
Approved As To Form: c`
City Attorney's Office:
44A fa_r_—... ( W"/zv�� )
Filed with the Clerk of th- istoric Preservation Board on I
( U1121/))
I '
Strike-T-taru denotes deleted language
•
Underscore denotes new language
•
F:\PLAN1$HPB\15HPB106-09.201•51Orders1HPB 7362_230 Lincoln Rd.Jun15.FO.docx
•
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Page 206 of 906
111111111111 11111 III 1.111 II1 III1I IitI II
OR E%); 286U 4•060 •• 41166i (7i)rt0
RECORDED 06/19/20E3 1.5e!;;17,tab
HARK': RUVT,l'l, (I..ICRK. OF WORT
HISTORIC PRESERVATION BOARD rI:[AMI•DF,DE COUNTY, FLOUDA !I
City of Miami Beach, Florida
MEETING DATE: May 14:2013
• CUMFICATIOit
ifs+ISTO COU*Y THAI Di ATTAMO DO HI
•
• FILE NO: 7362 fSATRf1FMO ACCURATE COPYOFIRED
fill AM ME Of T ' i DEPAATk4THT.
1 1 CITY SFACfI 6 c= r
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• PROPERTY: 230 Lincoln Road ' ° 0 f�,, �� '�A •e
gym •h.
My Commission-4m iseatj7.. —45. .e
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Ttt3 @e>owl contzine„,pads. vim`. "
• O
LEGAL: Beginning at a point on South Line of Lincoln Road 40 feet West of the
Northeast Corner of Lot 9 for point of beginning west 30 feet South 100
•
feet, West 35 feet, South 195 feet, East 100 feet, North 195 feet, West 35
feet to point of beginning, Block 54 according to the Plat thereof, as
recorded in Plat Book 2, page 77 of the Public Records of Miami-Dade
County, Florida.
IN RE: The Application for a Certificate of Appropriateness for the partial
demolition, renovation and rehabilitation of an existing non-contributing
structure as part of a new retail development.
ORDER
The applicant, America Trade Center, filed an application with the City of Miami Beach Planning
Department for a Certificate of.Appropriateness.
The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT,
based upon the evidence, Information, testimony and materials presented at the public hearing
•
and which are part of the record for this matter:
•
A. The subject structure Is classified as 'Non-Contributing' In the Miami Beach Historic
Properties Database and is located within the Flamingo Park Historic District and the
National Register Architectural District.
B, Based on the plans and documents submitted with the application, testimony and
information provided by the applicant, and the reasons set forth in the Planning Department .
Staff Report, the project as submitted is consistent with the Certificate of Appropriateness
• Criteria in Section 118-564(a)(1) of the Miami Beach Code, is not consistent with Certificate
Page 207 of 906 44.
Page 2 of 7
f-li'B File No. 7362
Meeting Date: May 14, 2013
of Appropriateness Criteria 'a' & 'c' in Section 118-564(a)(2) of the Miami Beach Code, is
consistent with Certificate of Appropriateness Criteria in Section 11 8-564(a)(3) of the Miami
Beach Code, and is not consistent with Certificate of Appropriateness for Demolition Criteria
'1', '2', '3', & '4' in Section 118-564(f)(4)of the Miami Beach Code.
C. The project would be consistent with the criteria and requirements of section 118-564 if the
following conditions are met:
1. Revised elevation, site plan and floor plan drawings shall be submitted to and approved
by staff; at a minimum, such drawings shall incorporate the following:
a. The architect shall explore the Incorporation of a narrow covered walkway path
leading from the open-air entry corridor to the retail space beyond (possibly with a
• glass roof), In a manner to be reviewed and approved by staff consistent with the
Certificate of Appropriateness Criteria and/or the directions from the Board.
b. The proposed west wall and open beam roof system of the entrance corridor shall
• be constructed of off-form concrete, in a manner to be reviewed and approved by
staff consistent with the Certificate of Appropriateness Criteria and/or the
directions from the Board.
c. The final design and details of the storefront system shall be provided, In a
manner to be reviewed and approved by staff in a manner to be reviewed and
approved by staff consistent with the Certificate of Appropriateness Criteria and/or
the directions from the Board.
d. The final design and details of the 'floating room' and its operational components
shall be provided, in a manner to be reviewed and approved by staff consistent
with the Certificate of Appropriateness Criteria and/or the directions from the
Board.
e. The final design and details of the glass etched map shall be provided, in a
manner to be reviewed and approved by staff in a manner to be reviewed and
approved by staff consistent with the Certificate of Appropriateness Criteria and/or
the directions from the Board.
f. A museum quality historic analysis and display of the original Carib Theater
structure, inclusive of a photographic and written description of the history and
evolution of the original building and its changes of use over time, shall be
submitted to and approved by staff, prior to the issuance of a Certificate of
Occupancy or a Temporary Certificate of Occupancy; such historic analysis shall
be displayed prominently within the public area of the historic structure, in a
location to be determined by staff.
g, A fully enclosed air conditioned trash room that Is sufficiently sized to handle the
entire trash load of the building at all times shall be required, located within the
envelope of the building, in a manner to be reviewed and approved by staff.
Page 208 of 906 ��
Page 3 of 7
HPB File No. 7362
Meeting Date: May 14, 2013
h. Prior to the issuance of a Certificate of Occupancy, the project Architect shall
verify, in writing, that the subject project has been constructed in accordance with
the plans approved by the Planning Department for Building Permit.
The final design details of all exterior surface materials and surface.finishes, in a
mariner to be reviewed and approved by staff consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board.
j. Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and glass shall be required and all new proposed windows shall
substantially match the original window configurations, in a manner to be reviewed
and approved by staff in a manner to be reviewed and approved by staff
consistent with the Certificate of Appropriateness Criteria and/or the directions
from the Board.
k. The final design and details of all exterior lighting shall be provided, in a manner
to be reviewed and approved by staff consistent with the directions from the Board
and/or the Certificate of Appropriateness Criteria. Exterior lighting shall be
designed in a manner to not have an adverse overwhelming impact upon the
historic hotel structures or the surrounding historic district.
The applicant shall submit a complete structural report for the shoring, bracing,
and stabilization of the building during the removal and replacement of the second
floor slab, prior to the issuance of a demolition permit.
m. A detailed screening plan for all roof-top fixtures and mechanical devices shall be
required, as part of the building permit plans, in a manner to be reviewed and
approved by staff consistent with the Certificate of Appropriateness Criteria and/or
• the directions from the Board.
n. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all applicable FPL transformers or vault rooms; such transformers and
vault rooms, and all other related devices and fixtures, shall not be permitted
within any required yard or any area fronting a street or sidewalk. The location of
any exterior transformers, and how they are screened with landscape material
from the right-of-way, shall be clearly indicated on the site and landscape plans, in
a manner to be reviewed and approved by staff consistent with the Certificate of
Appropriateness Criteria and/or the directions from the Board.
o. Prior to the Issuance of a Certificate of Occupancy, the project Architect shall
verify, in writing, that the subject project has been constructed in accordance with
the plans approved by the Planning Department for Building Permit.
2. In accordance with Section 118-395 of the City Code, the applicant may retain all non-
conforming setbacks and parking credits.
3. A revised landscape plan, prepared by a Professional Landscape Architect, registered in
the State of Florida, and corresponding site plan, shall be submitted to and approved by
staff. The species type, quantity, dimensions, spacing, location and overall height of all
Page 209 of 906
Page 4 of 7
I.1PB File No. 7362
Meeting Date: May 14, 2013
plant material shall be clearly delineated and in a manner to be reviewed and approved
by staff consistent with the directions from the Board and/or the Certificate of
Appropriateness Criteria, At a minimum, such plan shall incorporate the following;
a. All exterior walkways shall consist of decorative pavers, patterned concrete or
other high quality exterior paving material, in a manner to be reviewed and
approved by staff consistent with the Certificate of Appropriateness Criteria and/or
the directions from the Board.
b. A fully automatic irrigation system with 100% coverage and an automatic rain
sensor In order to render the system inoperative in the event of rain. Right-of-way
areas shall also be incorporated as part of the irrigation system.
c. The utilization of root barriers and/or structural soil, as applicable, shall be clearly
delineated on the revised landscape plan.
d. The applicant shall verify, prior to the issuance of a Building Permit, the exact
location of all backflow preventers and all other related devices and fixtures; such
fixtures and devices shall not be permitted within any required yard or any area
fronting a street or sidewalk. The location of backflow preventers, siamese pipes
or other related devices and fixtures, if any, and how they are screened with
landscape material from the right-of-way, shall be clearly indicated on the site and
landscape plans in a manner to be reviewed and approved by staff consistent with
the Certificate of Appropriateness Criteria and/or the directions from the Board.
e. Prior to the issuance of a Certificate of Occupancy, the Landscape Architect for
the project architect shall verify, In writing, that the project is consistent with the
site and landscape plans approved by the Planning Department for Building
Permit.
4. All building signage shall be consistent in type, finish and lighting and shall be composed
of flush mounted, non-plastic, Individual letters and shall require a separate permit.
5. The final exterior surface color scheme, Including color samples, shall be in a manner to
be reviewed and approved by staff consistent with the directions from the Board and/or
the Certificate of Appropriateness Criteria and shall require a separate permit.
6. All new and altered elements, spaces and areas shall meet the requirements of the
Florida Accessibility Code (FAC).
7. The applicant may be required to submit a separate analysis for water and sewer
requirements, at the discretion of the Public Works Director, or designee. Based on a
preliminary review of the proposed project, the following may be required by the Public
Works Department:
a. A traffic and neighborhood impact study shall be conducted as a means to
measure a proposed development's impact on transportation and neighborhoods.
The study shall address all roadway Level of Service (LOS) deficiencies relative
to the concurrency requirements of the City Code, and If required, shall be
Page 210 of 906
Page 5 of 7 {I
HPB File No. 7362
Meeting Date: May 14, 2013
submitted prior to the issuance of a Building Permit. The Final building plans shall
meet all other requirements of the Land Development Regulations of the City
Code. The developer shall refer to the most recent City of Miami Beach's Traffic
and Neighborhood Impact Methodology as issued by the Public Works
•
•
Department.
b. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable.
Unless otherwise specified, the standard color for city sidewalks is red, and the •
standard curb and gutter color is gray.
c. Mill/resurface asphalt in rear alley along property, if applicable.
d. Provide underground utility service connections and on-site transformer location, if
necessary.
e. Provide back-flow prevention devices on all water services.
• f. Provide on-site, self-contained storm water drainage for the proposed
development.
g. Meet water/sewer concurrency requirements including a hydraulic water model
' analysis and gravity sewer system capacity analysis as determined by the
Department and the required upgrades to water and sewer mains servicing this
project.
h. Payment of City utility impact fees for water meters/services.
Provide flood barrier ramps to underground parking or minimum slab elevation to
be at highest adjacent crown road elevation plus 8".
j. Right-of-way permit must be obtained from Public Works.
•
k. All right-of-way encroachments must be removed,
All planting/landscaping in the public right-of-way must be approved by the Public
Works and Parks Departments.
8, At the time of completion of the project, only a Final Certificate of Occupancy (CO) or
Final Certificate of Completion (CC) may be applied for; the staging and scheduling of
• the construction on site shall take this into account. All work on site must be completed
in accordance with the plans approved herein, as well as by the Building, Fire, Planning,
CIP and Public Works Departments, inclusive of all conditions imposed herein, and by
other Development Review Boards, and any modifications required pursuant to field
• inspections, prior to the issuance of a CO or CC. This shall not prohibit the issuance of a
Partial or Temporary CO, or a Partial or Temporary CC.
9, The Final Order shall be recorded in the Public Records of Miami-Dade County, prior to
the Issuance of a Building Permit.
Page 211 of 906
Page 6 of 7 it
HPB File No. 7362
Meeting Date: May 14, 2013
10, The Final Order is not severable, and if any provision or condition hereof is held void or
• unconstitutional in a final decision by a court of competent jurisdiction, the order shall be
returned to the Board for reconsideration as to whether the order meets the criteria for
approval absent the stricken provision or condition, and/or it is appropriate to modify the
remaining conditions or impose new conditions.
11. The conditions of approval herein are binding on the applicant, the property's owners,
operators, and all successors in interest and assigns.
12, Nothing in this order authorizes a violation of the City Code or other applicable law, nor
allows a relaxation of any requirement or standard set forth in the City Code.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
•
testimony and materials presented at the public hearing, which are part of the record for this
matter, and the staff report and analysis, which are adopted herein, including the staff
recommendations, which were amended by the Board, that the Certificate of Appropriateness is
•
GRANTED for the above-referenced project subject to those certain conditions specified in
paragraph C of the Findings of Fact (Condition Nos. 1-12 inclusive) hereof, to which the
applicant has agreed.
PROVIDED, the applicant shall build substantially in accordance with the plans approved by the
Historic Preservation Board, as determined by staff, entitled "230 Lincoln Road", as prepared by
Revuelta Architecture International, PA., dated 03/20/2013.
When requesting a building permit, the plans submitted to the Building Department for permit
shall be consistent with the plans approved by the Board, modified_ in accordance with the
conditions set forth in this Order. No building permit may be issued unless and until all
conditions of approval that must be satisfied prior to permit issuance, as set forth In this Order,
have been mot.
The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all
other required Municipal, County and/or State reviews and permits, including final zoning
approval. If adequate handicapped access is not provided on the Board-approved plans, this
approval does not mean that such handicapped access is not required. When requesting a
building permit, the plans submitted to the Building Department for permit shall be consistent
with the plans approved by the Board, modified in accordance with the conditions set forth in
this Order.
If the Full Building Permit for the project is not issued within eighteen (18) months of the meeting
date at which the original Certificate of Appropriateness was granted, the Certificate of
• Appropriateness will expire and become null and void, If the Full Building Permit for the project
•
• should expire for any reason (Including but not limited to construction not commencing and
continuing, with required Inspections, In accordance with the applicable Building Code), the
Certificate of Appropriateness will expire and become null and void.
•
In accordance with Section 118-561 of the City Code, the violation of any conditions and
safeguards that are a part of this Order shall be deemed a violation of the land development
regulations of the City Code. Failure to comply with this Order shall subject the Certificate of
Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate
Page 212 of 906
)1'211R•
N Y 8 Ra, P _ 406
N....q ` P■=i •i!', d
G E
Page 7of7
I-IPB File No. 7362
Meeting Date: May 1 4, 2013 •
•
•
•
of Appropriateness.
6( if fi
Dated this day of 20_
HISTORIC PRESERVATION BOARD
•
THE CITY OF MIAMI BEA H, FLORI A
BY: OA_
• THOMAS R. MOONEY, AICP
DESIGN AND PRESERVATION MAN ER
FOR THE CHAIR
•
•
•
STATE OF FLORIDA )-
)SS•
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this c ( ` day of
1 20_4by Thomas R. Mooney, Design and Preservation Manager,
Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf
of the corporation. He is personally known to me.
TERESA MARIA
! * W MY COMMISSION If 00928148 -
ry EX,P S:Member 2,2013 NOTARY PUBLIC
r OFFLO`'� Bnrdd Thru Budge)Nolm Service:
Miami-Dade County, Florida
My commission expires:_
Approved As To Form: �'7
r f
Legal Department: ( 5 P.- I° 13 )
Filed with the Clerk of the Historic Preservation Board on -ZQ-f3 ( OQ )
•
F:\PLANI$I-IPB\131-1PD\May13\7362-MAY2o13,FO.docx
•
Page 213 of 906
it
CITY OF MIAMI BEACH
APPLICATION FOR REVOCABLE PERMIT
FILE NO:
DATE:
1 . NAME OF APPLICANT: Camford Corp and Carib Mall Associates LLC as Tenants In Common
2. APPLICANT'S ADDRESS:4955 SW 83rd Street,Miami,Florida 33143
3. APPLICANT'S BUSINESS TELEPHONE: (305)858-6395
RESIDENCE TELEPHONE: EMAIL:slmon @karamgroup.net
4.ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY:
EXHIBIT"A"
5.ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTIING SUBJECT CITY
PROPERTY:EXHIBIT"B"
6. RASA PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST?
YES NO ✓ IF SO, WHEN:
FILE NO.OF PREVIOUS REQUEST:
7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE PERMIT:__
Requesting Approval In order to replace Marquee that was historically located over sidewalk and permit Blade sign overhanging sidewalk
Page 214of906
P IwoRKISNl1oroRMsill FVO,FA M o0
8. DOES THE REQUEST INVOLVETHE PL A CEMENTOF OBJECTS OR STRUCTURES ON
THE SUBJECT PROPERTY? YES Q NO
IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES:
Marquee Sign 17'4"over sidewalk.and Blade Sign 32'9"over sidewalk. This would restore modern interpretation of historic theater..
•
9. NAME OF CONTRACTOR: Claro Construction
ADDRESS: 1035 N.Miami Avenue,Suite 201,Miami FL 33136
BUSINESSTELEPHONE: �3o5>3za-47oo
SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION
(SECTION 82-92, ITEMS 1 THROUGH 9).
NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A
REVOCABLE PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED.
t R IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN
THE REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE SUBJECT CITY
PROPERTY. ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND
ORDINANCES.
ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES A
PERMANENT PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT
OF THE CITY.
f.IWQR1lISALLIOFORMSUtE\IOCFRM 99 Page 215 of 906
FILE N O. ------ -- -
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 230 Lincoln Road
, MIAMI BEACH, FL.
GGMP4ETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT,AS APPN_ A ! _e - e_ P _ • _ r
❑OWED OF ATTORNEY TO AN INDIVIDUAL-TO-REPRESENT Y-OU-ON THIS REQUEST, COMPLETE THE LAST
AFFIDAVIT.
-being first duly cwerfl-depose and say that I am the-owner of
the property dcscrbcd herein and which--is--the subject-matter of the proposed hearing: that lal-the-a�-swer-s-te-tl e
questions in this application and all supplemental data attached to _ __ _ ._ _ _ --_ 'cation arc honect and
true to th- _ _ .
SIGNATURE
me this. day of , 28—=.
NOTARY PUBLIC
Commission Expiros: _
CORPORATION AFFIDAVIT
Camford Corp and Carib Mall Associates as Tenants In Common being duly sworn, depose and say that we are the President/
Vice President, and Secretary/Ass't. Secretary of the aforesaid corporation, and as such, have been authorized by the
corporation to file this application for public hearing; that all answers to the questions in said application and all
supplemental data attached to and made a part of this application are honest and true to the best of our knowledge and
belief; that said corporation is the owner of the property described herein and which is the subject matter of the
proposed hearing.
„PRE-SIDENTS SIGNATURE (CORP. SEAL)
ATTEST:
SECRETA; . 'S SIGNATURE
Sworn to and subscribed to
before me this Igo day of IIAY 24:4
'NOTARY PUBIArip/b Steven Richman •
i � = Commission#FF956034
Commission Explres . Y _ '�� Expires:January 31,2020
.t , Bonded thru Aaron Notary
OWNER/POWER OF ATTORNEY AFFIDAVIT
Camford Corp and Carib Mall Associates as Tenants in Common being duly sworn, depose and say that I am owner of the
described real properly and that I am aware of the nature and effect of the request for this revocable permit,relative •
to my property,which is hereby made by me or 1 am hereby authorized ; '1027 M reenbera Truria�P.A. —
to be my legal representative before the City Commission.
OWNER' SIGN• URE
Sworn to and subscribed to
before me this 1$�` day of VA`( 9=4716
NARY PUBLIC
40.1 ,8.,, Steven Richman
Commission Ex slat �';0,y .1 a 11 1 ;FF956084
Page 216 of 906 Expires:January 31,2020
Pa
F IWORKISALLIOFORMSIRBVOCFRM 99 9 J '1t`0 Bonded thru Aaron Notary
LAW OFFICES
BLAXBERG, GRAYSON, KUKOFF & FORTEZA, P. A.
SUITE 730,INGRAHAM BUILDING
25 SOUTHEAST SECOND AVENUE
MIAMI, FLORIDA 33131-1506
www.blaxgray.com
I. Barry Blaxberg Telephone: (305) 381-2323 West Coast Office
Moises T Grayson* Telefax (305) 371-6816 2047 5th Avenue N
Ian J. Kukoff** Moises.Grayson @blaxgray.com St. Petersburg, FI. 33713
Gaspar Forteza
Amanda Lipsky
David Gongora
Declan Mahoney
•
Isabel Colleran
Joseph Wald
Vanessa Pellot
Nicole Suzette Velazquez June 20, 2016
*Also Licensed In New York
**Also Licensed In Texas
City of Miami Beach
01'liice of the City Attorney
1.700 Convention Center Drive, 4t Floor
Miami Beach, Florida 33139
Re: Camford Corp., a Florida corporation, and Caribe Mall Associates, LLC, a
Florida limited liability company, (both hereafter collectively referred to as
the "Owners")
Gentlemen:
We render this opinion as counsel to Owners in connection with an examination of title
with respect to that certain real property described as:
Owner Parcels are the following parcels 1 through 4.
PARCEL 1;
That part of Lots 4, 5, 6, 9, 10 and 11, and that part of a 20-foot strip of land formerly an alley lying
immediately South of Lots 9, 10 and 11, of Block 54, of FISHER'S FIRST SUBDIVISION OF ALTON
BEACH, according to the Plat thereof, as recorded in Plat Book 2, Page 77, of the Public Records of
Miami-Dade County, Florida, more particularly described as follows;
Beginning at a point on the Southerly line of Lincoln Road at a distance of 40 feet Westerly from the
Northeast corner of Lot 9 aforesaid (the Northerly line of Lot 9 and the Southerly line of Lincoln Road
being identical); thence (1) run Westerly along the Southerly line of Lincoln Road a distance of 30 feet to
a point; thence(2) run Southerly, parallel with the dividing line between Lots 9 and 10, of Block 54
aforesaid, 100 feet to a point; thence (3)run Westerly and parallel with the Southerly line of Lincoln Road
•
a distance of 35 feet, more or less, to a point, which point Is a distance of 5 feet Westerly from the
dividing line of Lots 10 and 11, of Block 54 aforesaid; thence(4) run Southerly, along a line parallel with
and 5 feet Westerly from the dividing line between Lots 10 and 11 and the extension thereof Southerly, a
distance of 196,8 feet, more or less, to the Southerly line of the North 1/2 of Lot 4, Block 54 aforesaid;
thence(5) run Easterly, along the Southerly line of the North 1/2 of the said Lot 4, a distance of 100 feet,
more or less, to a point, said point being 5 feet Westerly from the dividing line between Lots 8 and 9, •
Block 54, extended Southerly; thence(6) run Northerly, along a line parallel with and 6 feat Westerly from
the dividing line between the said Lots 8 and 9 (as extended Southerly), a distance of 196.8 feet, more or
•
Page 217 of 906
City of Miami Beach
June 20, 2016 •
Page 2 of 5
less, to a point 100 feet distant from the Southerly line of Lincoln Road; thence (7) run Westerly, parallel
with the Southerly line of Lincoln Road, a distance of 35 feet to a point; thence (8) run Northerly, parallel
with the dividing line between Lots 9 and 10 aforesaid, 100 feet to the place of beginning.
PARCEL 2:
TOGETHER WITH a non-exclusive easement granted pursuant to Easement Right over Private Road
recorded in Deed Book 2600, Page 459, as affected by Declaration as to Permanent Easements
recorded in Deed Book 3622, Page 49, both of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
That part of the South 20 feet of the North 1/2 of Lot 4, Block 54, of FISHER'S FIRST SUBDIVISION OF
ALTON BEACH, according to the Plat thereof, recorded in Plat Book 2, Page 77, of the Public Records
of Miami-Dade County, Florida, lying East of the dividing line between Lots 8 and 9, of said Block 54, as
extended Southerly to a point where it intersects the Southerly line of the North 1/2 of said Lot 4.
PARCEL 3:
TOGETHER WITH a non-exclusive 5 foot easement over the South 20 feet of the North 1/2 of Lot 4,
Block 54, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof, recorded
in Plat Book 2, Page 77, of the Public Records of Miami-Dade County, Florida, granted In that certain
Warranty Deed recorded in Official Records Book 9933, Page 976, of the the Public Records of Miami-
Dade County, Florida; which said 5 foot strip of land Is bounded on the East by the extension Southerly of
the boundary Ilne between Lots 8 and 9, of said Block 54, to a point where it intersects the Southerly line
of the North 1/2 of said Lot 4; on the South by the Southerly line of the North 1/2 of said Lot 4; on the
West by the East line of the land described as Parcel 1 herein; and on the North by the North line of the
South 20 feet of the.North 1/2 of said Lot 4.
CITY PARCEL:
Legal description of an Aerial Signage Easement located in Section 34, Township 63 South, Range 42
East, City of Miami Beach, Miami-Dade County, Florida, more particularly described as follows;
Commence at the Northeast corner of Lot 9, Block 54, of FISHER'S FIRST SUBDIVISION OF ALTON
BEACH, according to the Plat thereof, as recorded in Plat Book 2, Page 77, of the Public Records of
Miami-Dade County, Florida; thence S 88°05'19"W for 40.83 feet to the Point of Beginning of said
•
easement; thence continue S 88°05'19"W along the North line of said Block 54 for 26.00 feet; thence N
01°54'41"W perpendicular to the North line of said Block 54 for 18.05 feet; thence N 88°05'19" E, parallel
to said North line of Block 54, for 26.00 feet; thence S 01°54'41" E for 18.05 feet to the Point of
Beginning.
which is located in the City of Miami beach, Florida together with that portion of Lincoln
Road which is abutting the Property and which is the subject matter of Owner's Public Works
Permit Application (the"City Property").
In rendering the opinion hereinafter set forth, we have examined, among other things,
deeds and other instruments filed of record in the Official Records of Miami-Dade County,
Florida.
Except to the extent expressly set forth herein, we have not undertaken any independent
investigations nor have we conducted a physical inspection of the Property or the City Property
0/LT to City of Miami IIoach
MTO/LJ/1464
Page 218 of 906
City of Miami Beach
June 20, 2016
Page 3 of 5
to determine the existence or absence of facts relating to the following matters which could
affect title to the Property, including;
1 . Problems of parties in possession (such as adverse possession).
2, Unrecorded easements, reservations, licenses or other agreements or options.
3. Unrecorded leases.
4. Unfiled mechanic's liens.
5. Access to the Property from public or private roads.
6. Water availability or rights,
7. Navigability of adjacent or included waters.
8. Existence or characteristics of particular kinds of improvements.
9. Zoning or other exercise of governmental police power,
Accordingly, no inference as to our knowledge of the existence or absence of facts
pertaining to such matters should be drawn from our opinion.
Based upon and subject to the foregoing and to the qualifications, limitations and
exceptions contained below, it is our opinion that:
i) Fee simple title to the Property is vested in the Owners (each as to an undivided 50%
interest) by virtue of that certain special warranty deed, filed for record in Official Records Book
29293 at Page 4437-4438 of the Public Records of Miami-Dade County, Florida.
ii) Title to the City Property is vested in the City of Miami beach by virtue of:
A. Dedications appearing on the following plats:
1. Fisher's First Subdivision of Alton Beach, according to the Plat thereof, as
recorded in Plat Book 2, at Page 77 of the Public Records of Miami-Dade
County,Florida.
2, Plat of Pine Ridge Subdivision of the Alton Beach Company, according to
the Plat therefore, as recorded in Plat Book 6, at Page 34 of the Public
Records of Miami-Dade County, Florida.
3. Second Commercial Subdivision of the Alton Beach Company, according
to the Plat thereof, as recorded in Plat Book 6, at Page 33 of the Public
Records of Miami-Dade County, Florida.
4, Lincoln Road Subdivision, according to the Plat thereof, as recorded in
Plat Book 34, at Page 66 of the Public Records if Miami-Dade County,
Florida.
5. Amended Plat of Golf Course Subdivision of the Alton Beach Realty
Company, according to the Plat thereof, as recorded in Plat Book 6, at
Page 26 of the Public Records of Miami-Dade County,Florida.
6. Alton Beach Company's Plat of Block Forty-Six, according to the Plat
thereof, as recorded in Plat Book 4, at Page 102 of the Public Records of
Miami-Dade County, Florida.
0/LT to City of Miami Beach
MTG/LJ/1464
Page 219 of 906
City of Miami Beach
June 20, 2016
Page 4 of 5
7. Alton Beach Company's Plat of Subdivision of West Half of Blocks 4, at
Page 102 of the Public Records of Miami-Dade County,Florida.
8. First Addition to Commercial Subdivision of the Alton Beach Company,
according to the Plat thereof, as recorded in Plat Book 6, at Page 30 of the
Public Records of Miami-Dade County, Florida. Commercial Subdivision
of the Alton Beach Company, according to the Plat thereof, as recorded in
Plat Book 6, at Page 5 of the Public Records of Miami-Dade County,
Florida.
9. Alton Beach Company's Plat of Subdivision of Block Forty-Four of Alton
Beach bay Front, according to the Plat thereof, as recorded in Plat Book 6,
at Page 166 of the Public Records of Miami-Dade County, Florida.
10. Alton Beach Company's Plat of Alton Beach Bay Front, according to the
Plat thereof, as recorded in Plat Book 4, at Page 125 of the Public Records
of Miami-Dade County, Florida.
The foregoing dedications were formally accepted by Miami-Dade County (formerly
known as Dade County) on January 12, 1960 by Dade County Resolution 4406 file for record in
Official Records Book 1884, at page 501 of the Public Records of Miami-Dade County, Florida.
Even assuming for the moment that Miami-Dade County was not the proper governmental entity
(given that the City of Miami Beach was incorporated in March, 1915), the dedications should be
deemed completed based upon the following: •
i) As stated by the Florida Supreme Court,
"When the owner of a tract of land makes a town plat thereof, laying the same out into
blocks and lots, with intervening streets, clearly indicated upon the plat, separating the
blocks, and conveys lots with reference to such plat, he thereby evinces an intention to
dedicate the streets to public use as such; and his grantees, as against him and those
claiming under him, acquire the right to have such streets kept open. This constitutes a
complete dedication, and the streets cannot be closed up or obstructed, unless in
pursuance of legal authority."See Price v. Stratton, 45 Fla. 535.33 So.644(1903)
ii) Florida Statute & 95.361 (2) which provides that where a road has been constructed
and it cannot be determined who constructed the road, and when such road had been regularly
maintained or repaired for the immediate past 7 years by a municipality, such road shall be deemed •
to be dedicated to the public to the extent of th4 width that actually has bed maintained or repaired
for the prescribed period, whether or not the road has been formally established as a public
highway. The dedication shall vest all rights, title, easement, and appurtenances in and to the road -
in the municipality, if it is a municipal street or road,
B. That certain Warranty Deed dated June 17, 1930 filed for record in Deed Book
1388, at Page 155 of the Public Records of Miami-Dade County, Florida,as affected by that certain
Order dated August 13, 2004, filed for record in official Records book 22615, at page 3014 of the
Public Records of Miami-Dade County,Florida.
•
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We advise you that in addition to the aforementioned exclusions, this opinion as to the
Property is Subject to the following matters:
1. All matters appearing in First American Title Insurance Company's Commitments
of Title Insurance Policy for the Owner's parcel and the City Parcel,•copies of which are attached •
hereto and incorporated herein.
Our opinion is strictly limited to matters governed by the laws of the State of Florida, and
• we express no opinion concerning the laws of other jurisdiction or compliance therewith by any •
•
party. This opinion is issued as of the date hereof with an effective date of and is necessarily limited
to laws now in effect and facts and circumstances brought to our attention. Our opinion is provided
for your benefit and may not be quoted or relied upon by, nor copies delivered to, any party other
that you or Owners,nor used for any other purposes without our prior written consent.
• Very truly
•
4
Moises rays,n,
•
•
•
•
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''' E 4 Commitment for Title
+
Fast American Title' --inaulanre
/e ISSUED BY
First American Title
Schedule
File No.:
1. Effective Date:April 17,2015 at 8:00 a.m.
2. Policy or Policies to be issued: Proposed Amount
of Insurance:
a. Owner's Policy(Identify form used)
ALTA Owner's Policy of Title Insurance(6-17-06) (with Florida modifications) $0.00
Proposed Insured:
b. Loan Policy (Identify form used)
$28,545,000.00
ALTA Loan Policy of Title Insurance (6-17-06)(with Florida modifications)
Proposed Insured: Wells Fargo Bank, National Association, its successors and/or assigns as their
• Interests may appear as defined in the Conditions of this policy -
c. ALTA Loan Policy of Title Insurance(6-17-06)(with Florida modifications) $
(Identify form used)
Proposed Insured: Premium: $Total
Premium
3. The estate or Interest In the land described or referred to In this Commitment is Fee Simple.
4. Title to the Fee Simple estate or interest In the land Is at the Effective Date vested in: Camford
Corporation,a Florida corporation and Carib Mall Associates, LLC, a Florida limited liability company
5. The land referred to in this Commitment is described as follows: See Schedule A(continued)
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Blaxberg,Grayson, Kukoff&Trombly, P.A.
By:
Authorized Countersignature
(This Schedule A valid only when Schedule BI&BII are attached)
•
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<.5` ' Commitment for Title
%A Vii . " FirstAmerican Title' —Insurance—
. ISSUED BY
eg
First American Title Insurance
Company
Schedule A (Continued)
File No.:
PARCEL 1:
That part of Lots 4, 5, 6, 9, 10 and 11, and that part of a 20-foot strip of land formerly an alley lying
• immediately South of Lots 9, 10 and 11, of Block 54, of FISHER'S FIRST SUBDIVISION OF ALTON
BEACH, according to the Plat thereof, as recorded In Plat Book 2, Page 77, of the Public Records of
Miami-Dade County, Florida, more particularly described as follows:
Beginning at a point on the Southerly Ilne of Lincoln Road at a distance of 40 feet Westerly from the
Northeast corner of Lot 9 aforesaid (the Northerly line of Lot 9 and the Southerly line of Lincoln Road
•
being Identical); thence(1) run Westerly along the Southerly line of Lincoln Road a distance of 30 feet to
a point;thence(2) run Southerly, parallel with the dividing line between Lots 9 and 10, of Block 54
aforesaid, 100 feet to a point;thence(3)run Westerly and parallel with the Southerly line of Lincoln Road
•
a distance of 35 feet, more or less,to a point,which point is a distance of 5 feet Westerly from the
dividing line of Lots 10 and 11, of Block 54 aforesaid; thence(4) run Southerly, along a line parallel with
• and 5 feet Westerly from the dividing line between Lots 10 and 11 and the extension thereof Southerly, a •
distance of 196.8 feet, more or less,to the Southerly line of the North 1/2 of Lot 4, Block 54 aforesaid;
thence (5) run Easterly, along the Southerly line of the North 1/2 of the said Lot 4, a distance of 100 feet,
more or less,to a point, said point being 5 feet Westerly from the dividing Tine between Lots 8 and 9,
Block 54,extended Southerly; thence (6) run Northerly, along a line parallel with and 5 feet Westerly from
the dividing line between the said Lots 8 and 9(as extended Southerly), a distance of 196.8 feet, more or
less, to a point 100 feet distant from the Southerly line of Lincoln Road; thence(7) run Westerly, parallel
with the Southerly line of Lincoln Road, a distance of 35 feet to a point; thence(8) run Northerly, parallel
with the dividing line between Lots 9 and 10 aforesaid, 100 feet to the place of beginning.
• PARCEL 2:
TOGETHER WITH a non-exclusive easement granted pursuant to Easement Right over Private Road
recorded in Deed Book 2600, Page 459, as affected by Declaration as to Permanent Easements
recorded in Deed Book 3622, Page 49, both of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
That part of the South 20 feet of the North 1/2 of Lot 4, Block 54, of FISHER'S FIRST SUBDIVISION OF
ALTON BEACH, according to the Plat thereof, recorded in Plat Book 2, Page 77, of the Public Records of
Miami-Dade County, Florida, lying East of the dividing line between Lots 8 and 9, of said Block 54,as
extended Southerly to a point where it Intersects the Southerly line of the North 1/2 of said Lot 4.
PARCEL 3:
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TOGETHER WITH a non-exclusive 5 foot easement over the South 20 feet of the North 1/2 of Lot 4,
Block 54, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof, recorded
in Plat Book 2, Page 77, of the Public Records of Miami-Dade County, Florida,granted In that certain
Warranty Deed recorded in Official Records Book 9933, Page 976, of the the Public Records of Miami-
Dade County, Florida;which said 5 foot strip of land is bounded on the East by the extension Southerly of
the boundary line between Lots 8 and 9,of said Block 54, to a point where it intersects the Southerly line
of the North 1/2 of said Lot 4; on the South by the Southerly line of the North 1/2 of said Lot 4;on the
West by the East line of the land described as Parcel 1 herein; and on the North by the North line of the
• South 20 feet of the North 1/2 of said Lot 4,
•
•
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""' E",� Commitment for Title
°
TM
American —I ISSUED
First American Title Insurance
Schedule BI
File No.:
REQUIREMENTS
•
The following requirements must be met:
1. Pay and/or disburse the agreed amounts for the interest in the
land and/or the mortgage to be Insured. •
2. Pay us the premiums, fees and charges for the policy.
3. Pay all taxes and/or assessments, levied and assessed against
• the land which are due and payable.
•
4. The following documents, satisfactory to us,creating the interest •
1 1 in the land and/or the mortgage to be insured must be signed,
delivered and recorded:
t -
a. Mortgage encumbering the land from Camford
• Corporation, a Florida corporation, and Carib Mall
Associates, LLC, a Florida limited liability company, to
Wells Fargo Bank,National Association, In the principal
amount of$28,545,000.00. In connection with said
mortgage,we will further require as to Camford
Corporation:
i. Production of a copy of the articles of Incorporation
with an affidavit affixed thereto that it Is a true copy of
the articles of Incorporation and all amendments thereto,
and that the corporation has not been dissolved;
li. Certified copy of a Board of Directors resolution
setting forth the terms, conditions and consideration for
which the corporation Is authorized to mortgage Its
property.The resolution must further identify the officers •
authorized to execute the mortgage and other closing
document on behalf of the corporation;
iii. Certified incumbency certificate showing the identity
of the officers authorized to execute the mortgage on
behalf of the corporation;
iv. The corporation must have been formed prior to the
•
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•
Page 11 of 19
date of acquisition;
v. Current Certificate from the Secretary of State of said
corporation's current good standing;
vi. Satisfactory evidence of compliance with all
requirements regarding encumbering corporation
property contained in the articles of Incorporation; and
vii. The Company reserves the right to amend the
commitment, including, but not limited to, the addition of
further requirements and/or exceptions as it deems
necessary based upon a review of any of the
documentation required above,
And as to Carib Mall Associates, LLC:
• i. Production of a copy of the articles of organization and
regulations, if adopted, with an affidavit affixed thereto
•
that it is a true copy of the articles of organization and
regulations, and all amendments thereto, and that the
• limited liability company has not been dissolved;
ii.That said mortgage shall be executed by all of the
members, unless the articles of organization provides
that the company shall be governed by managers, then
said mortgage shall be executed by all of the managers,
unless said articles of organization and regulations,
show no limitation on the authority of one member, or
one manager, if applicable,to execute a mortgage;
ill. Should any member, or manager, If applicable, be
• other than a natural person,we will require proof of good
standing as well as documentation of authority of the
person to execute documents on its behalf;
iv. Certificate of Organization from the Secretary of
State, showing the limited liability company to have been
formed prior to the date of acquisition, together with
proof as to the current status of said limited liability
company;
v. Satisfactory evidence of compliance with all
requirements regarding encumbering company property
contained in the articles of organization and regulations,
if adopted; and •
vi. The Company reserves the right to make such further
requirements and/or exceptions as it deems necessary
after review of any of the documentation required above.
5. In relation to the Notice(s)of Commencement, recorded in
Official Records Book 29523, Page 996,on March 4, 2016, the
Company requires completion of the following: (1)Owner's -
Affidavit Identifying all parties who gave notice to owner. (2) •
Contractor's Final Affidavit;together with Final Waiver and
Release of Liens from each of the subcontractors and
materialmen who gave notice to owner or are listed as unpaid In
the Contractor's Final Affidavit. (3)Termination of Notice of
Commencement In compliance with 713.132, F.S. (1993). (4)
Final lien waiver and release from the General Contractor.The
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Company reserves the right to make additional requirements
based upon its evaluation of lien exposure.
6. An Affidavit in form acceptable to First American Title Insurance
Company and executed by or on behalf of the current record
owner(s)of the subject property stating:
(a)that there are no parties in possession of the subject property
other than said current record owner(s);
(b)that there are no encumbrances upon the subject property
other than as may be sei forth in this Commitment and
(c)there are no unrecorded assessments which are due and
payable and all sewer and water bills are paid through the date
of this Affidavit; and
(d)that there have been no Improvements made to or upon the
subject property within the ninety(90)day period last past(from
the date of such affidavit)for which there remain any outstanding
and unpaid bills for labor, materials or supplies for which a lien or
liens may be claimed must be furnished to First American Title
Insurance, or, In lieu thereof,an exception to those matters set
forth in said Affidavit which are inconsistent with or deviate from
the foregoing requirements will appear in the policy or policies to
be issued pursuant to this Commitment.
Said Affidavit must contain the legal description of the captioned
property.
7. Satisfactory verification from appropriate governmental
authorities that any and all unrecorded Special Taxing District
Liens, City and County Special Assessment Liens, MSBU
Assessment Liens, Impact Fees, and Water,Sewer and Trash
Removal Charges, have been paid.
8. Intentionally deleted.
9. If the amount of insurance to be issued exceeds the authority of
the agent under the existing Agency Agreement with the
Company,the Company requires that the agent obtain specific
underwriting approval from First American.
10. NOTE: Because the land appears of record to be
unencumbered,the Company requires that the affirmative
declarations of the title affidavit,which Includes a representation
that there are no mortgages or other liens against the land
whether recorded or not recorded, be properly emphasized
before execution. Just as in all transactions, every
•
seller/borrower must be encouraged to disclose any off record
encumbrance, lien, or other matter that may affect title before the
Company Is willing to rely upon the representations contained
within the title affidavit.
11. Note:The following is for informational purposes only and is
given without assurance or guarantee:
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City of Miami Beach
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2014 taxes show PAID In the gross amount of$105,444.81 for
Tax Identification No. 02-3234-019-0860.
12, Note:.Immediately prior to disbursement of the closing proceeds,
the search of the public records must be continued from the
effective date hereof, The Company reserves the right to raise
such further exceptions and requirements as an examination of
the information revealed by such search requires, provided,
however,that such exceptions or requirements shall not relieve
the Company from its liability under this Commitment arising
from the matters which would be revealed by such search, to the
extent that Company, or its Agent countersigning this
Commitment, has disbursed said proceeds.
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y'�yy" M E Commitment for Title
4 ••ia' h`' ♦ Title'' 'm instiranrP.
,,,
First American
\ t ISSUED BY
First American Title Insurance
Cnrnnanu
Schedule BU
File No.:
EXCEPTIONS
•
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 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. Any rights, interests or claims of parties in possession of the land.
not shown by the public records.
3. Any encroachment, encumbrance, violation, variation or adverse
circumstance affecting the Title that would be disclosed by an •
accurate and complete land survey of the land.
4, .Any lien, for services, labor or materials In connection with
Improvements, repairs or renovations provided before, on, or
after Date of Policy, not shown by the public records,
5. Any dispute as to the boundaries caused by a change In the
location of any water body within or adjacent to the land prior to
Date of Policy, and any adverse claim to all or part of the land
that Is, at Date of Policy,or was previously under water.
6, Taxes or special assessments not shown as liens In the public
records or In the records of the local tax collecting authority, at
Date of Policy.
7, Any minerals or mineral rights leased, granted or retained by
current or prior owners.
8. Taxes and assessments for the year 2015 and subsequent
years,which are not yet due and payable.
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9, NOTES FOR STANDARD EXCEPTIONS: Standard Exceptions
for parties In possession, for mechanics liens, and for taxes or
special assessments not shown as liens in the public records
shall be deleted upon receipt of an acceptable Non-Lien and
Possession Affidavit establishing who is in possession of the
lands, that there are no liens or encumbrances upon the lands
other than as set forth in the Commitment, that no improvements
to the lands have been made within the past 90 days or are
'contemplated to be made before closing that will not be paid in
full, and that there are no unrecorded taxes or assessments that
are not shown as existing liens In the public records. Any
Policies issued hereunder may be subject to a Special Exception
for matters disclosed by said affidavit.
Standard Exception(s)for questions of survey may be deleted •
upon receipt and review of a properly certified Survey meeting
•
the Florida Minimum Technical Standards for all land surveys
dated no more than 90 days prior to closing or such other proof
as may be acceptable to the Company. Any Policies issued
hereunder may be subject to a Special Exception for matters
disclosed by said survey or proof.
10. Terms and conditions of the Easement Right over Private Road
recorded In Deed Book 2600, Page 459; as affected by
Declaration as to Permanent Easements recorded in Deed Book
3622, Page 49.
11. Terms, conditions and easements contained In Warranty Deed
recorded February 2, 1978 in Official Records Book 9933, Page
976.
12. Order by the Historic Preservation Board of the City of Miami
Beach recorded June 19, 2013 In Official Records Book 28686,
Page 4060.
•
13. All of the terms and provisions set forth and contained in that
certain Lease between Camford Corp, a Florida corporation and
Carib Mall Associates LLC, a Florida limited liability company ,
Lessor, and Ross Dress For.Less, Inc., a Virginia corporation,
Lessee, as evidenced by Memorandum of Lease recorded
October 3,2014 In Official Records Book 29335, Page 2737.
14. Order by the Historic Preservation Board of the City of Miami
Beach recorded March 3, 2015 In Official Records Book 29521,
Page 1046.
15. Terms and conditions of any existing unrecorded lease(s), and
all rights of lessee(s)and any parties claiming through the
lessee(s) under the lease(s).
16. Pending disbursement of the full proceeds of the loan secured by
the Insured Mortgage,this policy only Insures up to the amount
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actually disbursed, but, as proceeds are disbursed, increases in
accordance with Florida Construction Loan Update
Endorsement(s), up to the Amount of Insurance stated In
Schedule A.
17. Upon issuance of Final Loan Policy, the following Endorsements
shall hereby be attached: Form 9,Alta 8.1 Environmental,
Survey and Variable Rate, if applicable.
•
•
•
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Notices-Where Sent
All notices required to be given the Company and any statement In writing
required to be furnished the Company shall include the number of this
policy and shall be addressed to the Company, Attention: 2075 Centre
Point Bivd, , Tallahassee, FL, 32308-3752.
Service,Quality and Availability
First American Title Insurance Company cares about Its customers and
their ability to obtain information and service on a convenient, timely and
accurate basis. A qualified staff of service representatives Is dedicated to
serving you. A toll-free number Is available for your convenience in
obtaining information about coverage and to provide assistance In
resolving complaints at 1-800-929-7186. Office hours are from 8:30 a.m.
through 5:30 p.m. Monday through Friday.
•
•
•
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-Ws ' ��` , First American Title'"
Privacy Information
We Are Committed_to Safeguarding Customer Information
in order to better serve your needs now and In the future,we may ask you to provide us with certain information.We understand that you may be concerned about
what we will do with such Information-particularly any personal or financial Information,We agree That you have a right to know how we will utilize the personal
information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal
information,
Applicability
This Privacy Policy governs our use of the Information that you provide to us.It does not govern the manner In which we may use information we have obtained
from any other source,such as Information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that
govern our use of personal Information regardless of its source.First American calls these guidelines its Falr Information Values.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal Information that we may collect Include:
• Information we receive from you on applications,forms and in other communications to us,whether In writing,In person,by telephone or any other
means;
• Information about your transactions with us,our affiliated companies,or others;and
• Information we receive from a consumer reporting agency.
Use of Information
We-request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your
Information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,
however,store such information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal
purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies, Such affiliated companies Include financial service providers,such as title insurers, property end casualty Insurers,and trust end
investment advisory companies,or companies Involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.
Furthermore,we may also provide all the Information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our
affiliated companies or to other financial Institutions with whom we or our affiliated companies have Joint marketing agreements.
Former Customers
Even If you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your Information.We restrict access to nonpublic personal Information
about you to those Individuals and entitles who need to know that Information to provide products or services to you.We will use our best efforts to train and
oversee our employees and agents to ensure that your Information will be handled responsibly and In accordance with this Privacy Policy and First American's Fair
Information Values.We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal
Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy Issues on the Internet.We believe It Is Important you know how we treat the information about you we receive
on the Internal.
in general,you can visit First American or Its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.
Our Web servers collect the domain names,not the e-mail addresses,of visitors.This Information is aggregated to measure the number of visits,average time
spent on the site,pages viewed and similar information,First American uses this information to measure the use of our site and to develop Ideas to improve the
content of our site.
There are times,however,when we may need information from you,such as your name and email address,When Information is needed,we will use our best
efforts to let you know at the Ume of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond
to your inquiry,process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we wilt only
use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and Its affiliates'sites may contain links to other Web sites.While we try to ilnk only to sites that share our high standards
and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites,
Cookies
Some of First American's Web sites may make use of"cookie'technology to measure site acUvity and to customize Information to your personal tastes,A cookie
is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive.
Flrsttm.com uses stored cookies.The goal of this technology Is to better serve you when visiting our site,save you time when you are here and to provide you
with e more meaningful and productive Web site experience..
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Fair Information Values
Fairness We consider consumer expectations about their privacy In all our businesses.We only offer products and services that assure a favorable balance
between consumer benefits and consumer privacy.
Public.Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We
actively support an open public record and emphasize Its Importance and contribution to our economy,
Use We believe we should behave responsibly when we use Information about a consumer In our business.We will obey the laws governing the collection,use and
• dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data wo collect,use and disseminate.Whore possible,we will take reasonable steps
to correct Inaccurate Information.When,as with the public record,we cannot correct inaccurate Information,we will take all reasonable stops to assist consumers
in Identifying the source of the erroneous data so That the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and services,our employees end others In our industry about the Importance of consumer privacy.
We will Instruct our employees on our fair Information values and on the responsible collection and use of data,We will encourage others In our industry to collect
and use information Ina responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
•
•
L
•
•
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•ti" '�''`� Commitment for Title Insurance
y' r;st American
ISSUED BY
Schedule A First American Title Insurance Company
5011612 - 1062-3578196
Customer Reference Number: Karam Beach
First American Flle Number: 1062-3578196
1. Effective Date: May 27, 2016 @ 8:00 A.M.
2. Policy or Policies to be issued: Proposed Amount of Insurance:
a. Owner's Policy
ALTA Owner's Policy of Title Insurance(6-17-06) $TBD
(with Florida modifications)
Proposed Insured: Camford Corp., a Florida corporation and Carib Mall Associates LLC, a Florida limited
liability company
b. Loan Policy
ALTA Loan Policy of Title Insurance (6-17-06) $N/A
(with Florida modifications)
Proposed Insured:
c. $N/A
Proposed Insured: •
Premium: $
3, The estate or Interest In the land described or referred to in this Commitment is EASEMENT
4. Title to the EASEMENT estate or Interest In the land is at the Effective Date vested in:
City of Miami Beach
5. The land referred to In this Commitment Is described as follows:
See Exhibit"A" attached hereto and made a part hereof
Blaxberg, Grayson, Kukoff&Trombly, P.A.
By:
Authorized Countersignature for Blaxberg, Grayson, Kukoff&Trombly, P.A. •
(This Schedule A valid only when Schedule B Is attached.)
Form 5011612(2-1-11) Page 1 of 8 Page 236 of 906 ALTA Commitment(6-17-06)(with Florida modifications)
,141 . .- ........0 ..._.. _..__ .�._,- .. .....,... ..
�4 Commitment for Title Insurance
First American
u'' •r,-.,.�¢ ISSUED BY
Exhibit A First American Title Insurance Company
5011612 - 1062-3578196
Customer Reference Number: Karam Beach
First American Flle Number: 1062-3578196
The land referred to herein below Is situated in the County of Miami-Dade, State of Florida, and is
described as follows:
Legal description of an Aerial Slgnage Easement located in Section 34,Township 53 South, Range 42
East, City of Miami Beach, Miami-Dade County, Florida, more particularly described as follows:
Commence at the Northeast corner of Lot 9, Block 54, of FISHER'S FIRST SUBDIVISION OF ALTON
BEACH, according to the Plat thereof, as recorded in Plat Book 2, Page 77, of the Public Records of
Miami-Dade County, Florida; thence S 88°05'19"W for 40.83 feet to the Point of Beginning of said
easement; thence continue S 88°05'19"W along the North line of said Block 54.for 26.00 feet; thence N
01°54'41" W perpendicular to the North Ilne of said Block 54 for 18.05 feet; thence N 88°05'19" E,
parallel to said North line of Block 54, for 26.00 feet; thence S 01°54'41"E for 18.05 feet to the Point of
Beginning.
Form 5011612(2-1-11) Page 2 of 8 Page 237 of 906 ALTA Commitment(6-17-06)(with Florida modifications)
rrtmerian Commitment for Title Insurance
ISSUED BY
Schedule BI First American Title Insurance Company
5011612 - 1062-3578196
Customer Reference Number: Karam Beach
First American File Number: 1062-3578196
REQUIREMENTS
The following requirements must be met:
1, Pay and/or disburse the agreed amounts for the interest in the land and/or the mortgage to be
Insured.
2. Pay us the premiums, fees and charges for the policy.
3. Pay all taxes and/or assessments, levied and assessed against the land, which are due and
payable.
4. The following documents, satisfactory to us, creating the Interest in the land and/or the
mortgage to be insured must be signed, delivered and recorded;
a. Aerial Signage Easement from City of Miami Beach to Camford Corp., a Florida
corporation and Carib Mall Associates LLC, a Florida limited liability company.
5. Record Aerial Slgnage Easement between the City of Miami-Beach and Camford Corp., a Florida
corporation and Carib Mall Associates LLC, a Florida limited liability company, in the Public
Records of Miami-Dade County, Florida.
6. The name or names of the proposed insured(s) and/or the amount of requested Insurance under
the Owner's/Loan Policy to be Issued must be furnished and this Commitment is subject to such
further exceptions and/or requirements as may then be deemed necessary.
7, Satisfactory verification from appropriate governmental authorities that any and all unrecorded
Special Taxing District Liens, City and County Special Assessment Liens, MSBU Assessment Liens,
Impact Fees, and Water, Sewer and Trash Removal Charges, have been paid.
Form 5011612(2-1-11) Page 3 of 8 Page 238 of 906 ALTA Commitment(6-17-06)(with Florida modifications)
.
Commitment for Title Insurance
,x a First American
ISSUED BY
First American Title Insurance Company
Schedule BII
5011612 - 1062-3578196
Customer Reference Number: Karam Beach
• First American File Number: 1062-3578196
PART II
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 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, Any rights, Interests, or claims of parties In possession of the land not shown by the public
records.
3, Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the land.
4. Any lien, for services, labor, or materials In connection with improvements, repairs or renovations
provided before, on, or after Date of Policy, not shown by the public records.
•
5. Any dispute as to the.boundaries caused by a change In the location of any water body within or
adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that
Is, at Date of Policy, or was previously under water.
6. Taxes or special assessments not shown as liens in the public records or in the records of the
local tax collecting authority, at Date of Policy.
7. Any minerals or mineral rights leased, granted or retained by current or prior owners.
8. Taxes and assessments for the year 2016 and subsequent years, which are not yet due and
payable.
NOTES FOR STANDARD EXCEPTIONS: Standard Exceptions for parties in possession, for
mechanics liens, and for taxes or special assessments not shown as liens In the,public records
shall be deleted upon receipt of an acceptable Non-Lien and Possession Affidavit establishing who
is In possession of the lands, that there are no liens or encumbrances upon the lands other than
as set forth in the Commitment, that no Improvements to the lands have been made within the
• past 90 days or are contemplated to be made before closing that will not be paid In full,and that
there are no unrecorded taxes or assessments that are not shown as existing liens In the public
records. Any Policies issued hereunder may be subject to a Special Exception for matters
disclosed by said affidavit.
Standard Exception(s) for questions of survey may be deleted upon receipt and review of a
properly certified Survey meeting the Florida Minimum Technical Standards for all land surveys •
dated no more than 90 days prior to closing or such other proof as may be acceptable to the •
Company. Any Policies issued hereunder may be subject to a Special Exception for matters •
disclosed by said survey or proof.
•
Form 5011612(2-1-11) Page 4 of 8 ALTA Commitment(6-17-06)(with Florida modifications)
Page 239 of 906
9. Terms and conditions of Aerial Slgnage Easement between the City of Miami Beach and Camford
Corp., a Florida corporation and Carib Mall Associates LLC, a Florida limited liability company, to
be recorded.
•
•
•
•
Form 5011612(2-1-11) Page 5 of 8 Page 240 of 906 ALTA Commitment(6-17-06)(with Florida modifications) •
Customer Reference Number: Karam Beach
First American File Number: 1062-3578196
Note: All of the recording Information contained herein refers to the Public Records of Miami-Dade
County, Florida, unless otherwise Indicated. Any reference herein to a Book and Page is a reference to
the Official Record Books of said county, unless Indicated to the contrary.
Notices - Where Sei
All notices required to be given the Company and any statement In writing required to be furnished the
Company shall Include the number of this policy and shall be addressed to the Company, Attention:
Claims Department, 1 First American Way, Santa Ana, CA 92707.
Service, Quality and Availability
First American Title Insurance Company cares about Its customers and their ability to obtain information
and service on a convenient, timely and accurate basis. A qualified staff of service representatives is
dedicated to serving you. A toll-free number is available for your convenience In obtaining information
• about coverage and to provide assistance In resolving complaints at 1-800-854-3643. Office hours are
from 8:30 a.m. through 5:30 p.m. Monday through Friday.
•
•
•
Form 5011612(2-1-11) Page 6 of 8 Page 241 of 906 ALTA Commitment(6-17-06)(with Florida modifications)
Biaxberg,Grayson,Kukoff&Trombly,P.A.
25 SE 2Nd Ave Ste 730
Mlaml,FL 33131
Phn-(305)381-7979
Fax-
06/17/2016
Re: Customer Reference Number: Karam Beach
First American File Number: 1062-3578196
Property Address: , Miami Beach, FL
YOU MAY BE ENTITLED TO A REDUCED PREMIUM FOR TITLE INSURANCE IF THIS OFFICE IS
PROVIDED WITH A PRIOR OWNER'S POLICY INSURING THE SELLER OR MORTGAGOR IN
THE CURRENT TRANSACTION.
An order has been placed with this company for a title Insurance policy. The purpose of this letter is to
provide you with Important Information regarding the title insurance premium that has been or will be
charged in connection with this transaction.
Eligibility for a discounted title insurance premium will depend on :
REFINANCE TRANSACTIONS:
To qualify for a reduced premium for title insurance you must provide our office with a copy of
your prior owner's policy of title Insurance Insuring your title to the above-referenced property.
SALES TRANSACTIONS:
To qualify for a reduced premium for title insurance you must provide our office with a copy of
your(or your seller's) prior owner's policy of title Insurance insuring your title to the above-
referenced property. The effective date of the prior owner's policy must be less than three years
old or the property insured by the policy must be unimproved (except roads, bridges, drainage
facilities and utilities are not considered improvements for this purpose).
To qualify for the reduced rate, you or your representative may hand deliver, mall or fax a copy of the
prior owner's policy of title insurance to the above address or fax number prior to closing, although we
will accept the prior policy up to 5 working days after the closing date of your transaction.
Form 5011612(2-1-11) Page 7 of 8 ALTA Commitment(6-17-06)(with Florida modifications)
Page 242 of 906
•
:c3:. First American Title
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and In the future,we may ask you to provide us with certain Information.We understand that you may be concerned about what we will do with such
information-particularly any personal or financial Information,We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal Information.
Applicability
Tnie Privacy Policy govern;our use of the Information that you provide to us.It does not govern the manner in which we may use Information vie have obtained from any other source,such as
Information obtained from a public record or from another person or entity,First American has also adopted broader guidelines that govern our use of personal information regard'ess of its source.
First American calls these guidelines Its Fair Information Values,
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect Include:
• Information we receive from you on applications,forms and In other communications to us,whether in writing,in person,by telephone or any other means;
• Information about your transactions with us,our affiliated companies,or others;and
• Information we receive from a consumer reporting agency.
Use of Information
We request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your Information to nonaffiliated parties
except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such information Indefinitely,Including the period
after which any customer relationship has ceased.Such information may be used for any Internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of
nonpublic personal Information listed above to one or more of our affiliated companies.Such affiliated companies Include financial service providers,such as title Insurers,property and casualty •
Insurers,and trust and Investment advisory companies,or companies Involved In real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore,
we may also provide ell the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have Joint marketing agreements.
Former Customers •
Even if you are no longer cur customer,our Privacy Policy will continue to apply to you.
Confidentiality and security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those Individuals and
entitles who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and=in accordance with this Privacy Policy and First American's Fair Information Values.We currently maintain physical,electronic,end procedural safeguards that comply with
federal regulations to guard your nonpublic personal information,
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet.We believe It Is Important you know how we treat the Information about you we receive on the Internet.
In general,you can visit First American or Its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the
domain names,not the email addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar Information.First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times,however,when we may need information from you,such as your name and email address.When information Is needed,we will use our best efforts to let you know at the time of
collection how we will use the personal Information.Usually,the personal Information we collect Is used only by as to respond to your inquiry,process en order or allow you to access specific
account/profile information.If you choose-to share any personal information with us,we will only use it In accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites,While we try to link only to sites that share our high standards and respect for privacy,we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize Information to your personal tastes.A cookie Is an element of data that a:Web site
can send to your browser,which may then store the cookie on your hard drive,
FirstAm,com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are hero and to provide you with a more meaningful and
productive Web site experience.
•
Fair Information Values
Fairness We consider consumer expectations about their privacy In all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record
and emphasize Its Importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data,
Accuracy We Will lake reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct Inaccurate Information.
When,as with the public record,we cannot correct Inaccurate Information,we will take all reasonable steps to assist consumers In identifying the source of the erroneous data so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services,our employees and others In our Industry about the importance of consumer privacy.We will Instruct our employees on
our fair information values and on the responsible collection and use of data,We will encourage others In our Industry to collect and use information In a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) •
•
Page 243 of 906
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