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2016-29678 Reso RESOLUTION NO. 2016-29678 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 82-93), OF THE CITY CODE, 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, which was the former Carib Theater; and; 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, at its November 9, 2016 meeting, pursuant to Section 82-93(a) of the City Code, the City Commission approved the Resolution on First Reading, and scheduled a public hearing to consider the request for a revocable permit; and WHEREAS, the conditions for the revocable permit comply with the requirements of Section 82- 95, as it relates to the terms and conditions for the issuance of the permit, and conditions for its termination; and WHEREAS, the City Manager and Public Works Director recommend approval of the revocable permit request. 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,: •.,v47 = „._and consist of a total area of 4.•. :.square feet. PASSED and ADOPTED .., '• i. h. "'•• ay/.4� ,�cember, 2016. ,Y , ATTEST: � . -- :�,0 .. ` .o• i �' afi ' . INCORP DRAT * • i, ` �� EDP / 7'. P WO -!dine, MayorAPPROVED AS TO I�r �i�°�' (0 j--/ FORM & LANGUAGE Rafael E. Granado, City Clerk " �ic;.'' " •'' . of &FOR EXECUTION �., CH • , � ' T:WGENDA\2016\November\Public Works\230 Lincoln Roar ellvo .e?riit-- •..ocx /�� l�aor .f City Attorney Resolutions - R7 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 14, 2016 1:50 p.m. Public Hearing SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 on Second Reading, 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 City Code, the City Commission adopted Resolution 2016-29633 at it's November 9th, 2016 Page 778 of 1191 • meeting 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 9 9 P PP q existed on the property for decades previously. The marquee will be installed at an appropriate height, 17 foot 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 newly renovated space and promote pedestrian interest in the heavily traversed Lincoln Road Page 779 of 1191 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. At it's November 9, 2016 meeting, the City Commission approved the Resolution on First Reading, and pursuant to Section 82-93(a) of the City Code, a Second Reading Public Hearing has been scheduled on December 7, 2016. CONCLUSION The Administration recommends approving the Resolution on Second Reading, Public Hearing. Legislative Tracking Public Works ATTACHMENTS: Description ❑ Application ❑ 2nd reading reso Page 780 of 1191 E GT; 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 `C.aribbean 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 • W4/IWgaty.00R1191 333 S.E.2nd Avenue ® Suite 4400 n Miami,FL 33131-3238 • el 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, 411 it/I fr-o. i. onzlez, Esq. Enclosures MIA 185395774v1 • • Page 782 of 1191 GREENBERG TRAURIG,P.A. n ATTORNEYS AT LAW u WWW.GTLAW.COM SKETCH OF LEGAL DESCRIPTION AERIAL SIGNAGE EASEMENT A portion of and 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 S' 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 • 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. i LINCOLN ROAD • AERIAL SIGNAGE • IT EASEMENT o P.0.C. • ° ° NE CORNER O N88'0519°E o■ 26.00' LOT 9 • % ,/ o BLOCK 54 `t'° ° 40.83' z� �N NBS'05'19°E — 7 26.00 P.0.B. • S88'05'1 I"W LOT 10 LOT 9 LOT 8 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. It bears the _.mild` r�--� signature and the L.B. No. 6867 •ESVIVES original raised Surveyors, Mappers and Land Planners seal of Florida P"OFESS OW SURVEYOR AND ofllQSurveyor 5701 S.W. 107th Avenue#204, Miami, FL 33173 MAPPER No.4327. State of Florida. P y771g a 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 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 • 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, . 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 784 of 1191 `90 CFN: 20150386592 BOOK 29659 PAGE 1224 Page 2of5 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 11.8- 564(a)(2)of the Miami Beach Code. • 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-form concroto 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 41-eating-MOM=glass elevator and-its-eperatienal • • sempenents-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 etelaed 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 785 of 1191 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 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 786 of 1191 CFN: 20150386592 BOOK 29659 PAGE 1226 ' e Page 4 of 5 HPB 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 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 of Appropriateness. • • Dated this a day of ,..J/i C , 20 LS, • • HISTORIC PRESERVATION BOARD THE CIT O MIAMI BEACH, FLORIDA DEBORA` ACKETT PRESERVATION AND DESIGN MANAGER I' FOR THE CHAIR • . STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 1�. ` day of -Sur∎e 20 ��, 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 787 of 1191 CFN:20150386592 BOOK 29659 PAGE 1227 • fi Page 5 of 5 HPB File No. 7362 l Meeting Date: June 9, 2015 I WALDHYS J.R0001.1 r, I • °� P�o MY COMMISSION hiFF039521 t . �. • ._: EXPIRES:JUL 24,2017 NOTARY LIC .� w Bonded Ihrouyh 1st State Insurance Miami-Dade County, Florida ��--� My commission expires: 11741-4- Approved As To Form: City Attorney's Office: '!'� ���2�_. ,., ( /(4) zvi ) � I ;I. Filed with the Clerk of th ,/Ffistoric Preservation Board on �� 4,, ( (I 1411 St14ke--Thru denotes deleted language Underscore denotes new language • F:\PLAN\$HPB\16HPB1 06.09.201'5\Orders\HPB 7362_230 Lincoln Rd.Jun15,FO.docx • • • • • • • • • • I ' ltl�' pJ ' h Page 788 of 1191 I IMIII IIU II III Ilia 111111111111H Nil NI Y i"e 1.3 a r.1::7+«-'{r :4:�= 3:11 OR F.,tt '2;G;6 ' 4.066 - 4066 (7p9c0 RECORDED 06/19/2013 15:510e, HARV[ RUM, C:LERK. OF COURT HISTORIC PRESERVATION BOARD M:[Arir-•-DADIr COUNTY, fJ._nRiDA !j City of Miami Beach, Florida �I • li II MEETING DATE: May 14;2013 C IifTIPt0ATt0dt Iftif tS TO Wild NI Tiff ATTACHED Nl • • FILE NO: 7362 tSATRUEA1O ACCURATE C0R'OF T11ENMI O Ntf TF CFRCE OF T►ff PL6,P Nu DPARITANT. CITY• 2MCI1 6-61 /3 situp cwr la rn or fka ced • • 6 r4 P_ PROPERTY: 230 Lincoln Road ' otlatU11 lar� � CarrOukon *:(Seal} �. A— 5 F K T}$S$lent Gin! LEGAL: Beginning at a point on South Line of Lincoln Road 40 feet West of the k 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. l . 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 789 of 1191 VA4- Page 2 of 7 HPB File No. 7362 Meeting Date: May 14, 2013 II 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 118-564(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 he 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 he 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 790 of 1191 �� Page 3of7 HPB File No. 7362 Meeting Date: May 14, 2013 f�. 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 manner 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 otpPage 791 of 1191 Page 4 of 7 HPB 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 792 of 1191 II Page 5 of 7 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 793 of 1191 U""l it Page 6 of 7 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 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 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 794 of 1191 Bp;, 2 8686 PG 4i 1 6 LAST ij Page 7 of 7 HPB File No. 7362 Meeting Date: May 14, 2013 • of Appropriateness. • Dated this .�day of ( , 2o =, HISTORIC PRESERVATION BOARD THE CITY OF MIAMI BEA H, FL.ORIA • • BY: • • 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 9/v day of it4 A 20._i_ by 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 ' 7_ MY COMMISSION 11 DD 928148 --- s5;'; {:f EX-PA46:Deramber2,2013 NOT RY PUBLIC ,1/2 of 4 P Banded Th,u Budget Notary SoMcee Miami-Dade County, Florida My commission expires: /P. -- a` _ Approved As To Form: 1 Legal Department: ---.' ( . g- 1-13 ) Filed with the Clerk of the Historic Preservation Board on S-ZQ-M3 F:\PLAN\$I•I P13113H PB1Mayl 3\7362-MAY2013,FO,docx Page 795 of 1191 li CITY OF MIAMI BEACH APPLICATION FOR REVOCABLE PERMIT FILENO: -�-- 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:simon @karamgroup.net 4.ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY: EXHIBIT"A" 5.ADDRESS AND LEGAL DESCRIPTION OFAPPLICANT'S PROPERTY ABUTIING SUBJECT CITY PROPERTY:EXHIBIT"B" 6. HASA PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST? YES NO I ✓ I 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 796 of 1191 F IV,'oRKISAItOFORMSIII FVO,FA M oo • 8. DOES THE REQUEST INVOLVETHE PL CEMENTOF OBJECTS OR STRUCTURES ON THE SUBJECT PROPERTY? YES Fl 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: Clara Construction ADDRESS: 1035 N.Miami Avenue,Suite 201,Miami FL 33136 BUSINESSTELEPHONE: �3o5>3z4-47o0 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. • 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,IWQR111SALLIOFORMSIRMIOCFRM 99 Page 797 of 1191 • FILE NO. — g THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS: 230 Lincoln Road , MIAMI BEACH, FL. 59MP1=ETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT,AS A°• _ A _e e- A . _ ❑OWER OF ATTORNEY TO AN INDIVIDUALTO-REPRESENT—Y-OU--ON THIS REQUEST, COMPLETE THE LAST AFFIDAVIT. • • the property dcscrbed herein and whieh--i t•h- -- -- . c . •- : --.--: • - - •- - _ _ e--the questions in this application a-: _ .__ •-•- _ _. _ • . _ - - -. . _ •- .__ cation arc henest true to the beat of my knowledge and belief. SIGNATURE Sworn to a • mo thie ref__, 20_• • NOTARY PUBLIC gammiccion 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. • ,,PRtJSIDENTS SIGNATURE(CORP. SEAL) ATTEST: SECRET' • 'S SIGNATURE Sworn to and subscribed to before me this CV" day of f1A'Lott, /. .NOTARY PUBI OM}lisrj�,, Steven Richman ' � Commission#FF956084 Commission Explres 4C. *= Expires:January 31,2020 % Bonded thru Aaron Notary ##w*************w**++****+****w*#***********+******+w*+*******+*+*+***wkw*+**w*****###*****+*+*+ww*+*++*w**#*******#**+**+****+****# 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 I am hereby authorized Alfredo J•Gonzalez I Greenberg Traurig,P.A. to be my legal representative beforethe City Commission. OWNER' SIGN A URE Sworn to and subscribed to before me this re- day of wk.( 16 • Nfil ARY PUBLIC ;ON, Steven Richman Commission Ex sii■ of .111i1 , FF956084 F IWORKISALLIOFORMSIRHVOCFRM 99 Page 798 Of 1191 -'��- c Expires:January 31,2020 .,,,.'• Bonded thru Aaron Notary 1 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, Fl. 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 orrice of the City Attorney [700 Convention Center Drive, 4th 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 Ilhe 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 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 Page 799 of 1191 • 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 Ilne 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 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. CITY PARCEL: 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 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 Beach MTG/L1/1464 • Page 800 of 1191 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 801 of 1191 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 Flat 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. 0/LT to City of Miami Beach MTG/LJ/1464 Page 802 of 1191 City of Miami Beach June 20, 2016 Page 5 of 5 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 lrul Moises , 'Days•n, L . • • • • • O/LT,to City of Miami Beach • MTO/LJ/1464 • Page 803 of 1191 ii City of Miami Beach December 14, 2015 Page 6 of 19 ,a e N Commitment for Title 4;c- ;:fit "' FirstA.merican Title' _Insuxanre \\` ,V' � 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) 0/LT to City of Miami Beach MTG/Y0/070 Page 804 of 1191 City of Miami Beach • December 14, 2015 Page 7 of.19 Blaxberg, Grayson, Kukoff& Trombly, P.A. By: Authorized Countersignature (This Schedule A valid only when Schedule 81&BII are attached) • • • • • O/LT to City of Miami Beach MTG/YO/070 • Page 805 of 1191 City of Miami Beach December 14, 2015 Page 8 of 19 6' "'�p" Commitment for Title a;'A FirstAmerica11 TitleT'° *`� ISSUED BY 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 aline 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 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: 0/LT to City of Miami Beach MTG/YO/070 • Page 806 of 1191 • City of Miami Beach December 14, 2015 Page 9 of 19 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. • • • , I 0/LT to City of Miami Beach MTG/YO/070 Page 807 of 1191 • City of Miami Beach December 14, 2015 Page 10 of 19 Am EH, Y^Commitment for Title • First Arne rican Title _Ins!t.ranre ISSUED BY \ Lig First American Title Insurance Schedule BI File No.: RIEQUIREMENTS • 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. 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; ii. 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; ill. 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 0/LT to City of Miami Beach MTG/Y0/070 • Page 808 of 1191 City of Miami Beach December 14, 2015 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 Mali 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; 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 0/LT to City of Miami Beach MTG/YO/070 • Page 809 of 1191 City of Miami Beach December 14, 2015 Page 12 of 19 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 set 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: O/LT to City of Miami Beach MTO/YO/070 Page 810 of 1191 • City of Miami Beach December 14, 2015 Page 13 of 19 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. • • 0/LT to City of Miami Beach MTG/YO/070 Page 811 of 1191 City of Miami Beach December 14, 2015 Page 14 of 19 as' " ,MER `,/ Commitment for Title First American 7itle s* ,,/ ISSUED BY First American Title Insurance _Cnncinam Schedule 1311 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. 0/LT to City of Miami Beech MTG/YO/070 Page 812 of 1191 • 9 City of Miami Beach December 14, 2015 Page 15 of 19 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 2800, 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 Iessee(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 O/LT to City of Miami Beach MTG/YO/070 Page 813 of 1191 City of Miami Beach December 14, 2015 Page 16 of 19 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. • r • • O/LT to City of Miami Beach MTO/Y0/070 Page 814 of 1191 City of Miami Beach December 14, 2015 Page 17 of 19 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 Blvd, , Tallahassee, FL, 32308-3752. SQryice,Quality and Avallablllty 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. 0/LT to City of Miami Beach MTG/YO/070 Page 815 of 1191 City of Miami Beach December 14, 2015 Page 18 of 19 First American Tidew 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 whet 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 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,end bust 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 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 entities 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 Hsi 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 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 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 emait 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 accounVprofle information.If you choose to share any personal information with us,we will only use it In accordance with the polioles 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 here and to provide you with a more meaningful and productive Web site experience.. 0/LT to City of Miami Beach MTG/YO/070 Page 816 of 1191 City of Miami Beach December 14, 2015 Page 19 of 19 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 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. • • • • • • • 0/LT to City of Miami Beach MTG/YO/070 Page 817 of 1191 • `' " "'' Commitment for Title Insurance ^mss First American ISSUED BY Schedule A First American Title Insurance Company 5011612 - 1062-3578196 Customer Reference Number: Karam Beach First American File 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 .1. 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 818 of 1191 ALTA Commitment(6-17-06)(with Florida modifications) Commitment for Title Insurance First American • 40 ISSUED BY I i Exhibit A First American Title Insurance Company 5011612 - 1062-3578196 Customer Reference Number: Karam Beach First American File 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 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 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. • Form 5011612(2-1-11) Page 2 of 8 page 819 of 1191 ALTA Commitment(6-17-06)(with Florida modifications) • Commitment for Title Insurance First American ,.p 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 Signage 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 820 of 1191 ALTA Commitment(6-17-06)(with Florida modifications) Commitment for Title Insurance ": . . First American ea, ISSUED BY Schedule BIT First American Title Insurance Company 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 Page 821 of 1191 ALTA Commitment(6-17-06)(with Florida modifications) ii 9. Terms and conditions of Aerial Signage 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 822 of 1191 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 Sent All notices required to be given the Company and any statement In writing required to be furnished the Company shall Include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 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 823 of 1191 ALTA Commitment(6-17-06)(with Florida modifications) alaxberg,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 page 824 of 1191 ALTA Commitment(6-17-06)(with Florida modifications) • • ' 1 ''''1-r First American Title 4 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 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 ranafitilated parties except;(1)es 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 at 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 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 entities 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 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 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 time 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 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 polides 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 persona(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. Flratbm,m,n 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 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 A 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 Rs 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 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 wIN 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 wit Instruct our employees on our fair Information values and on the responsible collection and use of date.We will encourage others In our Industry to collect and use information In a responsible manner. Security We will maintain appropriate factitles 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 825 of 1191 : I ,. ,.,.,i', . 1+• > ..' Q A 4t( a CI 1 CC 0 < s :. Ali } C W x ,� N ` < Ct - ' ,,. Zvi_ a (15 ' ' "''--- ----'"`-i4l'ilt'-" ..z"-;64.44 "- '' ''''' ' Z - 4.� f, L. 3 .da �, 7--,Id t.O D i � � hn� v � f c 7t, � CO E Z ��.�� . "PF , b5 y. q r = .� •r.� 4 1 3r�4• S S fm "� 4..., A��pprr ' K ;. :�� ,� ma 6 ' x Et ;y* ¢} u < •1,--:',-14,; .: .;' .... •'• - ''' '.:41:=4;',. '''.:-...........t..4-.... , ''.4 1%11 17') '''% - 1rtNlY RAK44. - 1 ' J a _ = r .2 . ,... ,,., tt��a �1 Pae' 1 °'CO k it t-�^ _ rip : �- k , ..CIF R"� , ,f�',--' 4 _ . .. . . .. 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