Resolution 2022-32120 RESOLUTION NO. 2022-32120
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO
SECTION 82-93(B) OF THE CITY CODE, FINDING THAT THE
CRITERIA FOR GRANTING A REVOCABLE PERMIT PURSUANT
TO SECTION 82-94 OF THE CITY CODE HAS BEEN SATISFIED,
' FOLLOWING THE PUBLIC WORKS DEPARTMENT'S REVIEW
AND RECOMMENDATION TO GRANT THE REVOCABLE
PERMIT REQUEST AS SET FORTH IN THE COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION, AND
HEREBY APPROVING A REVOCABLE PERMIT REQUEST BY 49
COLLINS AVENUE RESTAURANT LLC D/B/A CARBONE
("CARBONE"),THE TENANT OF THE PROPERTY LOCATED ON
THE GROUND FLOOR OF 49 COLLINS AVENUE, MIAMI
BEACH, FOR THE INSTALLATION OF FOUR(4)RETRACTABLE
AWNINGS THAT WILL ENCROACH IN THE CITY'S RIGHT-OF-
WAY, IN AN AREA OF APPROXIMATELY 1,130 SQUARE FEET
IN SIZE; AND FURTHER, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE REVOCABLE PERMIT.
WHEREAS,49 Collins Avenue Restaurant LLC d/b/a Carbone("Carbone"),the tenant of the
property located on the ground floor of 49 Collins Avenue, Miami Beach, is requesting a revocable
permit for the installation of four (4) retractable awnings encroaching in the City's right-of-way,
containing approximately 1,130 square feet of easement area, for the use of patron dining; and
WHEREAS, the property is identified by Miami-Dade County Folio No. 02-4203-003-0130
and located within the CPS-1 commercial performance standard zoning district,which is designed
to accommodate a range of business, commercial, office and hotel uses; and
WHEREAS, the encroachment is proposed on a portion of the right-of-way of Collins
Avenue of"Ocean Beach Florida Subdivision", according to the plat thereof, as recorded in Plat
Book 2, Page 38 of the Public Records of Miami-Dade County, Florida, as set forth in the attached
survey; and
WHEREAS, pursuant to Section 82-93(a)of the City Code, notices of the public hearing
have been mailed to owners of land lying within 375 feet of the permit area at least 15 days
prior to the public hearing; and
WHEREAS, pursuant to Section 82-94 of the City Code, the City Commission shall
review the revocable permit request and determine whether the request shall be granted or
denied following the public hearing; and
WHEREAS, Public Works has analyzed and determined that the criteria contained in
Sections 82-94 has been satisfied; a summary of the Public Works Department's review and
recommendation to grant the revocable permit request is set forth in the Commission Memorandum
accompanying this Resolution, which Memorandum is incorporated by reference herein.
1
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,following a duly noticed public hearing, as required
pursuant to Section 82-93(b) of the City Code, finding that the criteria for granting a revocable
permit pursuant to Section 82-94 of the City Code has been satisfied, and following the Public
Works Department's review and recommendation to grant the revocable permit request as set forth
in the Commission Memorandum accompanying this Resolution,that the City Commission hereby
approves a revocable permit request by 49 Collins Avenue Restaurant LLC d/b/a Carbone
("Carbone"), the tenant of the property located on the ground floor of 49 Collins Avenue, Miami
Beach, for the installation of four(4)retractable awnings encroaching in the City's right-of-way, in an
area of approximately 1,130 square feet in size;and further,authorize the City Manager to execute
the revocable permit.
PASSED and ADOPTED this 6 day of #P 1
ry , 2022.
ATTEST:
API1 2 202 Dan Gelber, Mayor
Rafael . Gran'do, City Clerk
P .P. c"
'
�- APPROVED AS TO FORM AND
5742' LANGUAGE AND FOR EXECUTION
IFlLORP1OR.ATrD,'•
2,,,,, City Attorney �I Date
2
Resolutions -R7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina.T. Hudak, City Manager
DATE: April 6, 2022
2:25 p.m. Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING, AS REQUIRED PURSUANT TO SECTION 82-93(B) OF THE
CITY CODE, FINDING THAT THE CRITERIA FOR GRANTING A
REVOCABLE PERMIT PURSUANT TO SECTION 82-94 OF THE CITY
CODE HAS BEEN SATISFIED, FOLLOWING THE PUBLIC WORKS
DEPARTMENT'S REVIEW AND RECOMMENDATION TO GRANT THE
REVOCABLE PERMIT REQUEST AS SET FORTH IN THE COMMISSION
MEMORANDUM ACCOMPANYING THIS RESOLUTION, AND HEREBY
APPROVING A REVOCABLE PERMIT REQUEST BY49 COLLINS AVENUE
RESTAURANT LLC D/B/A CARBONE ("CARBONE"), THE TENANT OF THE
PROPERTY LOCATED ON THE GROUND FLOOR OF 49 COLLINS
AVENUE, MIAMI BEACH, FOR THE INSTALLATION OF FOUR (4)
RETRACTABLE AWNINGS ENCROACHING ON THE CITY'S RIGHT-OF-
WAY, CONTAINING APPROXIMATELY 1,130 SQUARE FEET OF
EASEMENT AREA; AND FURTHER, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE REVOCABLE PERMIT.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
49 Collins Avenue Restaurant LLC d/b/a Carbone ("Carbone"), the tenant of the property
located on the ground floor of 49 Collins Avenue, Miami Beach, is requesting a revocable permit
for the installation of four (4) retractable awnings encroaching in the City's right-of-way,
containing approximately 1,130 square feet of easement area, for the use of patron dining and
sidewalk cafe area.
The property is identified by Miami-Dade County in Folio No. 02-4203-003-0130, and located
within the CPS-1 commercial performance standard zoning district, which is designed to
accommodate a range of business, commercial, office and hotel uses.
This parcel occupies a portion of the right-of-way of the Collins Avenue "Ocean Beach Florida
Subdivision", according to the plat thereof, as recorded in Plat Book 2, Page 38 of the Public
Page 1295 of 1735
Records of Miami-Dade County, Florida.
The proposed retractable awning and sidewalk cafe permit will comply with applicable codes,
ordinances, regulations, neighborhood plans and laws as well as Planning review and approval.
ANALYSIS
Pursuant to Section 82-93(a) of the City Code, notices of the public hearing have been mailed
to owners of land lying within 375 feet of the existing permit area at least 15 days prior to the
public hearing. Public Works has analyzed the criteria contained in Sections 82-94.
Additionally, Pursuant to Section 82-94, of the City Code, the City Commission shall review the
revocable permit request and determine whether the request shall be granted or denied based
upon the following criteria:
' • The Applicant's need is substantial.
Satisfied. Given the ongoing pandemic, the ability to have outdoor dining is crucial for the health
and safety of restaurant patrons. Furthermore, given the weather in South Florida with the heat
and rain, the retractable awnings are an integral part of patrons being able to utilize that certain
portion of the property located on public property regardless of the weather conditions.
• The Applicant holds title to an abutting property.
Satisfied. The applicant, 49 Collins Avenue Realty LLC, is the property owner of the abutting
property. A copy of the Special Warranty Deed issued to 49 Collins Avenue Realty LLC is
included in the application materials.
• The proposed improvements will comply with applicable codes, ordinances, regulations,
neighborhood plans and laws.
Satisfied. The proposed retractable awnings and the sidewalk cafe area located under the
retractable awnings on public property will comply with all applicable codes, ordinances,
regulations, and neighborhood plans and laws. Furthermore, the retractable awnings, as
depicted on the plans submitted with this application, will be installed pursuant to an approved
permit issued by the City.
• The grant of the application will have no adverse effect on governmental/utility easements and
uses on the property.
Satisfied. The grant of this revocable permit will not have an adverse effect on
governmental/utility easements and uses on the City property. The granting of the revocable
permit will allow for Carbone to offer outdoor dining, which is crucial for the health and safety of
restaurant patrons during all types of weather.
• That the grant of the revocable permit will enhance the neighborhood and/or community by
such amenities as, for example, enhanced landscaping, improved drainage, improved lighting,
and improved security and/or public benefits proffered by the applicant
Satisfied. Carbone is one of the most celebrated Italian restaurants of the last decade and has
been extremely well received by the local residents, replacing a previously vacant storefront
shuttered at the onset of the pandemic.
• That granting the revocable permit requested will not confer on the applicant any special
Page 1296 of 1735
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.
Satisfied. The granting of the revocable permit will not confer any special privilege upon the
applicant. Any property owner within the City can apply for a revocable permit provided that the
request meets the criteria as contained in the City's Code.
• That granting the revocable permit will be in harmony with the general intent and purpose of this
article, and that such revocable permit will not be injurious to surrounding properties, the
neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The granting of the revocable permit is in harmony with the general intent and purpose
of this article and is not injurious to the surrounding properties, the neighborhood, or otherwise
detrimental to the public welfare. Carbone is one of the most celebrated Italian restaurants of
the last decade and has been extremely well received by the local residents, replacing a
previously vacant storefront shuttered at the onset of the pandemic. Given the ongoing -
pandemic, the ability to have outdoor dining is crucial for the health and safety of restaurant
patrons.
Public Works,has analyzed the criteria contained in Sections 82-94; a summary of the Public
Works Department's review and recommendation to grant the revocable permit request is set
forth in the Commission Memorandum accompanying this Resolution, which Memorandum is
incorporated by reference herein.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey related to perception satisfaction of the City show that
79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to
live; and 70%were very satisfied/satisfied with the overall image of the City.
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity-Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
Page 1297 of 1735
o Letter of Intent_(Revocable_Permit) (1)
D Owner Title_Policy
o surv-269078-SIGNED (1)
o Revocable permit application
D Form approved Reso
•
•
Page 1298 of 1735
James E. Rauh, Partner
iGreenspoonMarderaLpo Brickell World Plaza
600 Brickell Avenue, Suite 3600
- CELEBRATING FORTY YEARS TOGETHER Miami, Florida 33131
Phone:305.789.2770
Fax:305.537.3900
Direct Phone: 305.789.2732
Direct Fax: 305.537.3928
Email:james.rauh@gmlaw.com
December 15,2021
City of Miami Beach Public Works Department
Otniel Rodriguez, Right-of-Way Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: RWP0421-7301 — Letter of Intent for a Revocable Permit Request for the
Restaurant Located at 49 Collins Avenue,Miami Beach,Florida 33139
Dear Mr. Rodriguez:
Our Law Firm represents 49.Collins Avenue Restaurant LLC d/b/a Carbone ("Carbone"),
which is located at the ground floor within the property located at 49 Collins Avenue, Miami
Beach, Florida 33139. Please allow this correspondence and the enclosed application materials to
serve as the Letter of Intent for this application seeking a Revocable Permit for the installation of
four(4)retractable awnings to over a portion of the outdoor seating area located on public property
along with the tables and chairs located under the retractable awnings for patron dining.
Description &Use of Property
Carbone is operated by the multi Michelin Starred restaurant group, Major Food Group,
and is the only tenant within this property located on Collins Avenue between First Street and
South Pointe Drive. The restaurant is one of the most celebrated Italian restaurants of the last
decade and has been extremely well received by the local residents, replacing a previously vacant
storefront shuttered at the onset of the pandemic.The property is identified by Miami-Dade County
Folio No. 02-4203-003-0130 and located within the CPS-1 commercial performance standard
zoning district, which is designed to accommodate a range of business, commercial, office and
hotel uses. Carbone is a fully licensed and permitted restaurant space.
Revocable Permit Criteria
In addition to the other materials submitted with this application,the following information
is submitted in accordance with the revocable permit review guidelines under§ 82-94 of the City's
Code.
Atlanta Boca Raton Chicago Denver Edison Ft Lauderdale Las Vegas Los Angeles Miami
Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach
Page 1299 of 1735
December 15,2021
Page No.2
(1) That the applicant's need is substantial.
Satisfied.Given the ongoing pandemic,the ability to have outdoor dining is crucial for the
health and safety of restaurant patrons. Furthermore, given the weather in South Florida with the
heat and rain,the retractable awnings are an integral part of patrons being able to utilize that certain
portion of the property located on public property regardless of the weather conditions.
(2) That the applicant holds title to the abutting property.
Satisfied. The applicant, 49 Collins Avenue Realty LLC, is the property owner of the
abutting property. A copy of the Special Warranty Deed issued to 49 Collins Avenue Realty LLC
is included in the application materials.
(3) That the proposed improvements comply with the applicable codes, ordinances,
regulations, neighborhood plans and laws.
Satisfied. The proposed retractable awnings and the tables and chairs located under the
retractable awnings on public property will comply with all applicable codes, ordinances,
regulations, and neighborhood plans and laws. Furthermore, the retractable awnings, as depicted
on the plans submitted with this application,will be installed pursuant to an approved permit issued
by the City.
(4) That the grant of such permit will have no adverse effect on governmental/utility
easements and uses on the city property.
Satisfied. The grant of this revocable permit will not have an adverse effect on
governmental/utility easements and uses on the city property.The granting of the revocable permit
will allow for Carbone to offer outdoor dining, which is crucial for the health and safety of
restaurant patrons during all types of weather.
(5) That the grant of the revocable permit will enhance the neighborhood and/or
community with such amenities as, for example, but without limiting the foregoing,
enhances landscaping, improved drainage, improved lighting, improved security,
and/or public benefits proferred by the applicant.
Satisfied. Carbone is one of the most celebrated Italian restaurants of the last decade and
has been extremely well received by the local residents, replacing a previously vacant storefront
shuttered at the onset of the pandemic.
(6) That granting the revocable permit requested will not confer on the applicant any
special privilege that is denied by this article to other owner of land, structures or
buildings subject to similar conditions located in the same zoning district.
Satisfied. The granting of the revocable permit will not confer any special privilege upon
the applicant. Any property owner within the City can apply for a revocable permit provided that
the request meets the criteria as contained in the City's Code.
Page 1300 of 1735
December 15,2021
Page No.3
(7) That granting the revocable permit will be in harmony with the general intent and
purpose of this article, and that such revocable permit will not be injurious to
surrounding properties, the neighborhood, or otherwise detrimental to the public
welfare.
Satisfied. The granting of the revocable permit is in harmony with the general intent and
purpose of this article and is not injurious to the surrounding properties, the neighborhood, or
otherwise detrimental to the public welfare. Carbone is one of the most celebrated Italian
restaurants of the last decade and has been extremely well received by the local residents,replacing
a previously vacant storefront shuttered at the onset of the pandemic.Given the ongoing pandemic,
the ability to have outdoor dining is crucial for the health and safety of restaurant patrons.
In light of the foregoing, and the application materials sub'witted herewith,we respectfully
request the City Commission's approval of this application.
GREENSPOON MARDER LLP
/s/James E. Rauh
James E. Rauh,Esq.
Page 1301 of 1735
OWNER'S POLICY OF TITLE INSURANCE
(with Florida Modifications)
* Policy Number QXFL-08744379 File Number: mtafl-131547
** * Issued by Old Republic National Title Insurance Company
* * Any notice of claim and any other notice or statement in writing required to be given to the
* * Company under this Policy must be given to the Company at the address shown in Section 18
* ** of the Conditions.
* * COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Florida corporation(the"Company")insures,as of
Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of:
1.Title being vested other than as stated in Schedule A.
2.Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from
(a)A defect in the Title caused by
(i)forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii)failure of any person or Entity to have authorized a transfer or conveyance;
(iii)a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv)failure to perform those acts necessary to create a document by electronic means authorized by law;
(v)a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi)a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c)Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land
onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3.Unmarketable Title.
4.No right of access to and from the Land.
5.The violation or enforcement of any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,
regulating,prohibiting,or relating to
(a)the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c)the subdivision of land;or -
(d)environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to
the extent of the violation or enforcement referred to in that notice.
In Witness Whereof OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,has caused this policy to be signed and sealed as of Date of Policy
shown in Schedule A,the policy to become valid when countersigned by an authorized signatory of the Company.
Policy Issuer:
Countersigned: MADISON TITLE AGENCY,LLC
1125 OCEAN AVENUE OLD REPUBUC NATIONAL TITLE INSURANCE COMPANY
LAKEWOOD,NJ 08701
PHONE:(732)905-9400 A Stock Company
400 Second Avenue South,Minneapolis,Minnesota 55401
(612)371-1111
By (///^-2f President
Authorized Officer or Licensed Agent
ORT Form 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Page 1302 of 1735 ttest 1 ` Secretary
6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7.The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a)as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or
(b)because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency,orsimilar creditors'rights laws by reason of the failure of its recording in the Public Records
(i)to be timely,or
(ii)to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Po and prior to the recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of (b)not Known to the Company,not recorded in the Public
this policy,and the Company will not pay loss or damage,costs, Records at Date of Policy,but Known to the Insured Claimant
attorneys'fees,or expenses that arise by reason of: and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an
1. (a)Any law,ordinance,permit,or governmental regulation Insured under this policy;
(including those relating to building and zoning)restricting, (c)resulting in no loss or damage to the Insured Claimant;
regulating,prohibiting,or relating to (d)attaching or created subsequent to Date of Policy;or
(e)resulting in loss or damage that would not have been
(i)the occupancy,use,or enjoyment of the Land; sustained if the Insured Claimant had paid value for the Title.
(ii)the character,dimensions,or location of any
improvement erected on the Land; 4.Any claim,by reason of the operation of federal bankruptcy,state
(iii)the subdivision of land;or insolvency,or similar creditors'rights laws,that the transaction
(iv)environmental protection; vesting the Title as shown in Schedule A,is
or the effect of any violation of these laws, (a)a fraudulent conveyance or fraudulent transfer;or
ordinances,or governmental regulations. This (b)a preferential transfer for any reason not stated in Covered
Exclusion 1(a)does not modify or limit the Risk 9 of this policy.
coverage provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b)does 5.Any lien on the Title for real estate taxes or assessments imposed
not modify or limit the coverage provided under Covered Risk 6. by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument
2.Rights of eminent domain.This Exclusion does not modify or limit of transfer in the Public Records that vests Title as shown in
the coverage provided under Covered Risk 7 or 8. Schedule A.
3.Defects,liens,encumbrances,adverse claims,or other matters
(a)created,suffered,assumed,or agreed to by the Insured
Claimant;
ORT Fonn 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Page 1303 of 1735
Page 2
CONDITIONS
1.DEFINITION OF TERMS purchase,lease,or lend if there is a contractual condition requiring
The following terms when used in this policy mean: the delivery of marketable title.
(a)"Amount of Insurance": The amount stated in Schedule A,as may
be increased or decreased by endorsement to this policy,increased 2. CONTINUATION OF INSURANCE
by Section 8(b),or decreased by Sections 10 and 11 of these Conditions. The coverage of this policy shall continue in force as of Date of
(b)"Date of Policy": The date designated as"Date of Policy"in Policy in favor of an Insured,but only so long as the Insured retains
Schedule A. an estate or interest in the Land,or holds an obligation secured by
(c)"Entity": A corporation,partnership,trust,limited liability a purchase money Mortgage given by a purchaser from the Insured,
company,or other similar legal entity: or only so long as the Insured shall have liability by reason of
(d)"Insured": The Insured named in Schedule A. warranties in any transfer or conveyance of the Title. This policy
shall not continue in force in favor of any purchaser from the
(i)The term"Insured"also includes Insured of either(i)an estate or interest in the Land,or(ii)an
(A)successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage given to the
distinguished from purchase,including heirs,devisees,survivors, Insured.
personal representatives,or next of kin;
(B)successors to an Insured by dissolution,merger,consolidation, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
distribution,or reorganization; The Insured shall notify the Company promptly in writing(i)in case
(C)successors to an Insured by its conversion to another kind of of any litigation as set forth in Section 5(a)of these Conditions,(ii)
Entity; in case Knowledge shall come to an Insured hereunder of any claim
(D)a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title,as insured,and that
payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may be liable
(1)if the stock,shares,memberships,or other equity by virtue of this policy,or(iii)if the Title,as insured,is rejected as
interests of the grantee are wholly owned by the Unmarketable Title. If the Company is prejudiced by the failure of
named Insured, the Insured Claimant to provide prompt notice,the Company's
(2)if the grantee wholly owns the named Insured, liability to the Insured Claimant under the policy shall be reduced
(3)if the grantee is wholly-owned by an affiliated to the extent of the prejudice.
Entity of the named Insured,provided the affiliated 4. PROOF OF LOSS
Entity and the named Insured are both wholly-owned In the event the Company is unable to determine the amount of
by the same person or Entity,or loss or damage,the Company may,at its option,require as a condition
(4)if the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed proof of loss.
created by a written instrument established by the The proof of loss must describe the defect,lien,encumbrance,or
Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the
purposes. basis of loss or damage and shall state,to the extent possible,the
(ii)With regard to(A),(B),(C),and(D)reserving,however,all rights basis of calculating the amount of the loss or damage.
and defenses as to any successor that the Company would have had
against any predecessor Insured. 5. DEFENSE AND PROSECUTION OF ACTIONS
(e)"Insured Claimant": An Insured claiming loss or damage. (a)Upon written request by the Insured,and subject to the options
(f)"Knowledge"or"Known": Actual knowledge,not constructive contained in Section 7 of these Conditions,the Company,at its
knowledge or notice that may be imputed to an Insured by reason of own cost and without unreasonable delay,shall provide for the
the Public Records or any other records that impart constructive defense of an Insured in litigation in which any third party asserts
a claim covered by this policy adverse to the Insured.This obligation
notice of matters affecting the Title. is limited to only those stated causes of action alleging matters
(g)"Land": The land described in Schedule A,and affixed improvements insured against by this policy. The Company shall have the right to
that by law constitute real property. The term°Land"does not select counsel of its choice(subject to the right of the Insured to
include any property beyond the lines of the area described in object for reasonable cause)to represent the Insured as to those
Schedule A,nor any right,title,interest,estate,or easement in stated causes of action. It shall not be liable for and will not pay
abutting streets,roads,avenues,alleys,lanes,ways,or waterways, the fees of any other counsel. The Company will not pay any fees,
but this does not modify or limit the extent that a right of access to costs,or expenses incurred by the Insured in the defense of those
and from the Land is insured by this policy. causes of action that allege matters not insured against by this policy.
(h)"Mortgage": Mortgage,deed of trust,trust deed,or other security (b)The Company shall have the right,in addition to the options
`instrument,including one evidenced by electronic means authorized contained in Section 7 of these Conditions,at its own cost,to
by law. institute and prosecute any action or proceeding or to do any
(i)"Public Records": Records established under state statutes at other act that in its opinion may be necessary or desirable to
Date of Policy for the purpose of imparting constructive notice of establish the Title,as insured,or to prevent or reduce loss or
matters relating to real property to purchasers for value and without damage to the Insured. The Company may take any appropriate
Knowledge. With respect to Covered Risk 5(d),"Public Records" action under the terms of this policy,whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an
shall also include environmental protection liens filed in the records admission of liability or waiver of any provision of this policy.
of the clerk of the United States District Court for the district where If the Company exercises its rights under this subsection,it must
the Land is located. do so diligently.
(j)"Title": The estate or interest described in Schedule A. (c)Whenever the Company brings an action or asserts a defense
(k)"Unmarketable Title":Title affected by an alleged or apparent as required or permitted by this policy,the Company may pursue
matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court of competent
Title or lender on the Title to be released from the obligation to jurisdiction,and it expressly reserves the right,in its sole
ORT Form 4309 FL Page 1304 of 173iscretion,to appeal any adverse judgment or order.
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Page 3
CONDITIONS(can't)
6. DUTY OF INSURED CLAIMANT TO COOPERATE policy.In addition,the Company will pay any costs,attorneys'fees,
(a)In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized
to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the Company is
and any appeals,the Insured shall secure to the Company the right obligated to pay;or
to so prosecute or provide defense in the action or proceeding, (ii)to pay or otherwise settle with the Insured Claimant the loss or
including the right to use,at its option,the name of the Insured for damage provided for under this policy,together with any costs,
this purpose. Whenever requested by the Company,the Insured, attorneys'fees,and expenses incurred by the Insured Claimant that
at the Company's expense,shall give the Company all reasonable were authorized by the Company up to the time of payment and that
aid(i)in securing evidence,obtaining witnesses,prosecuting or the Company is obligated to pay.
defending the action or proceeding,or effecting settlement,and
(ii)in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options provided
be necessary or desirable to establish the Title or any other matter for in subsections(b)(i)or(ii),the Company's obligations to the
as insured. If the Company is prejudiced by the failure of the • Insured under this policy for the claimed loss or damage,other than
Insured to furnish the required cooperation,the Company's obligations the payments required to be made,shall terminate,including any
to the Insured under the policy shall terminate,including any liability or obligation to defend,prosecute,or continue any
liability or obligation to defend,prosecute,or continue any litigation, litigation.
with regard to the matter or matters requiring such cooperation.
(b)The Company may reasonably require the Insured Claimant to g.DETERMINATION AND EXTENT OF LIABILITY
submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or
of the Company and to produce for examination,inspection,and damage sustained or incurred by the Insured Claimant who has suffered
copying,at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy.
by the authorized representative of the Company,all records,in (a)The extent of liability of the Company for loss or damage under
whatever medium maintained,including books,ledgers,checks, this policy shall not exceed the lesser of
memoranda,correspondence,reports,e-mails,disks,tapes,and (i)the Amount of Insurance;or
videos whether bearing a date before or after Date of Policy,that (ii)the difference between the value of the Title as insured and the
reasonably pertain to the loss or damage. Further,if requested by value of the Title subject to the risk insured against by this policy.
any authorized representative of the Company,the Insured Claimant (b)If the Company pursues its rights under Section 5 of these
shall grant its permission,in writing,for any authorized representative Conditions and is unsuccessful in establishing the Title,as insured,
of the Company to examine,inspect,and copy all of these records (I)the Amount of Insurance shall be increased by 10%,and
in the custody or control of a third party that reasonably pertain to (ii)the Insured Claimant shall have the right to have the loss or
the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made by
the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid.
Section shall not be disclosed to others unless,in the reasonable (c)In addition to the extent of liability under(a)and(b),the Company
judgment of the Company,it is necessary in the administration of will also pay those costs,attorneys'fees,and expenses incurred in
the claim. Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions.
under oath,produce any reasonably requested information,or
grant permission to secure reasonably necessary information from g.LIMITATION OF LIABILITY
third parties as required in this subsection,unless prohibited by (a)If the Company establishes the Title,or removes the alleged
law or governmental regulation,shall terminate any liability of the defect,lien,or encumbrance,or cures the lack of a right of access
Company under this policy as to that claim. to or from the Land,or cures the claim of Unmarketable Title,all as
insured,in a reasonably diligent manner by any method,including
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals,it shall have fully
TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not
In case of a claim under this policy,the Company shall have the be liable for any loss or damage caused to the Insured.
following additional options: (b)In the event of any litigation,including litigation by the Company
(a)To Pay or Tender Payment of the Amount of Insurance. or with the Company's consent,the Company shall have no liability
To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination by a
policy together with any costs,attorneys'fees,and expenses court of competent jurisdiction,and disposition of all appeals,
incurred by the Insured Claimant that were authorized by the adverse to the Title,as insured.
Company up to the time of payment or tender of payment and that (c)The Company shall not be liable for loss or damage to the
the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling
Upon the exercise by the Company of this option,all liability and any claim or suit without the prior written consent of the Company.
obligations of the Company to the Insured under this policy,other
than to make the payment required in this subsection,shall terminate, 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION
including any liability or obligation to defend,prosecute,or contin- OF LIABILITY
ue any litigation. All payments under this policy,except payments made for costs,
(b)To Pay or Otherwise Settle With Parties Other Than the Insured attorneys'fees,and expenses,shall reduce the Amount of Insurance
or With the Insured Claimant. by the amount of the payment.
(i)to pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against under this •
ORT Form 4309 FL Page 1305 of 1735
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Page 4
CONDITIONS(con't)
11.LIABILITY NONCUMULATIVE 15.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE
The Amount of Insurance shall be reduced by any amount the Company CONTRACT
pays under any policy insuring a Mortgage to which exception is taken (a)This policy together with all endorsements, if any,attached to it
in Schedule B or to which the Insured has agreed,assumed,or taken by the Company is the entire policy and contract between the
subject,or which is executed by an Insured after Date of Policy and Insured and the Company. In interpreting any provision of this
which is a charge or lien on the Title,and the amount so paid shall be policy,this policy shall be construed as a whole.
deemed a payment to the Insured under this policy.
(b)Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim whether or not based on
12.PAYMENT OF LOSS negligence shall be restricted to this policy.
When liability and the extent of loss or damage have been definitely (c)Any amendment of or endorsement to this policy must be in
fixed in accordance with these Conditions,the payment shall be made writing(and authenticated by an authorized person,or expressly
within 30 days. incorporated by Schedule A of this policy.
13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (d)Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
(a)Whenever the Company shall have settled and paid a claim Except as the endorsement expressly states,it does not(i)modify
under this policy,it shall be subrogated and entitled to the rights of any of the terms and provisions of the policy,(ii)modify any prior
the Insured Claimant in the Title and all other rights and remedies endorsement,(iii)extend the Date of Policy,or(iv)increase the
in respect to the claim that the Insured Claimant has against any Amount of Insurance.
person or property,to the extent of the amount of any loss,costs,
attorneys'fees,and expenses paid by the Company. If requested 16.SEVERABILITY
by the Company,the Insured Claimant shall execute documents to In the event any provision of this policy,in whole or in part,is held
evidence the transfer to the Company of these rights and remedies. invalid or unenforceable under applicable law,the policy shall be
The Insured Claimant shall permit the Company to sue,compromise, deemed not to include that provision or such part held to be invalid,but
or settle in the name of the Insured Claimant and to use the name all other provisions shall remain in full force and effect.
of the Insured Claimant in any transaction or litigation involving
these rights and remedies. 17.CHOICE OF LAW;FORUM
If a payment on account of a claim does not fully cover the loss of (a)Choice of Law: The Insured acknowledges the Company has
the Insured Claimant,the Company shall defer the exercise of its underwritten the risks covered by this policy and determined the
right to recover until after the Insured Claimant shall have recovered premium charged therefor in reliance upon the law affecting interests
its loss. in real property and applicable to the interpretation,rights,remedies,
(b)The Company's right of subrogation includes the rights of the or enforcement of policies of title insurance of the jurisdiction
Insured to indemnities,guaranties,other policies of insurance,or where the Land is located.
bonds,notwithstanding any terms or conditions contained in those Therefore,the court or an arbitrator shall apply the law of the
instruments that address subrogation rights. jurisdiction where the Land is located to determine the validity of •
claims against the Title that are adverse to the Insured and to
14.ARBITRATION interpret and enforce the terms of this policy. In neither case shall
Unless prohibited by applicable law,arbitration pursuant tothe Title the court or arbitrator apply its conflicts of law principles to deter-
• Insurance Arbitration Rules of the American Arbitration Association mine the applicable law.
may be demanded if agreed to by both the Company and the Insured at (b)Choice of Forum: Any litigation or other proceeding brought by
the time of a controversy or claim.Arbitrable matters may include,but the Insured against the Company must be filed only in a state or
are not limited to,any controversy or claim between the Company and federal court within the United States of America or its territories
the Insured arising out of or relating to this policy,and service of the having appropriate jurisdiction.
Company in connection with its issuance or the breach of a policy
provision or other obligation.Arbitration pursuant to this policy and 16.NOTICES,WHERE SENT
under the Rules in effect on the date the demand for arbitration is Any notice of claim and any other notice or statement in writing
made or,at the option of the Insured,the Rules in effect at Date of required to be given to the Company under this policy must be given to
Policy shall be binding upon the parties.The award may include the Company at 400 Second Avenue South, Minneapolis,
attorneys'fees only if the laws of the state in which the Land is Minnesota 55401-2499,Phone:612-371-1111.
located permit a court to award attorneys'fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s)may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
ORT Fonn 4309 FL
ALTA Owners Policy of Title Insurance 6-17-06(with Florida Modifications) Page 1306 of 1735
Page 5
SCHEDULE A
Name and Address of Title Insurance Company: Old Republic National Title Insurance Company
File Number: MTAFL-131547 Policy No.: OXFL-08744379
Amount of Insurance: $15,000,000.00
Address Reference: 49 Collins Avenue, Miami Beach, FL 33139
Date of Policy: February 19,2019
1. Name of Insured:
49 Collins Avenue Realty LLC,a Florida limited liability company
2. The estate or interest in the land which is covered by this policy is:
Fee Simple and Easement
• 3. Title is vested in:
49 Collins Avenue Realty LLC,a Florida limited liability company
4. The Land referred to in this policy is described as follows:
See Attached Exhibit A Legal Description
Countersigned By:
Elliot S.Zaks
Madison Title Agency, LLC
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
2381 Legal Description—File No.MTAFL-131547
Page 1
ALTA OWNERS POLICY(6/17/06)WITH FLORIDA MODIFICATIONS : OLD REPUBLIC zMTIOX1LTITLE CSSCRANCE COMPANY
* *
***
Page 1307 of 1735
Exhibit A
LEGAL DESCRIPTION
Policy No.: OXFL-08744379
File No.:MTAFL-131547
All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the City of Miami Beach, County of Miami-Dade, State of Florida.
Tract I -Fee Simple:
Lots 14 and 15, in Block 1,of"Ocean Beach Florida Subdivision,"according to the Plat thereof, as
recorded in Plat Book 2, at Page 38, of the Public Records of Dade County, Florida,also described as
follows:
Commence at(Begin at)the Northeasterly corner of said Lot 15, in Block 1, of"Ocean Beach Florida
Subdivision", according to the Plat thereof recorded in Plat Book 2, at page 38, of the Public Records of
Dade County, Florida;thence run Southwesterly(S 20°'00'00"W)along the Easterly line of said Lots 15
and 14 in Block 1,for a distance of 100.01 feet(100.05 feet measured)to the Southeasterly corner of
said Lot 14, thence run Northwesterly(N 69°58'00"W)for a distance of 130.00 feet(130.15 feet
. measured)to the Southwesterly corner of said Lot 14,thence run Northeasterly(N 20°00'00" E)along
' the Westerly line of said Lots 14 and 15,for a distance of 100.01 feet(100.05 feet measured)to the
Northwesterly corner of said Lot 15;thence run Southeasterly(S 69° 58'00" E)along the Northerly line of
said Lot 15 for a distance of 130.00 feet(130.15 feet measured)to the Northeasterly corner of said Lot 15
and the POINT OF BEGINNING, all lying and being in portion of Section 3,Township 54 South, Range
42 East, Miami Beach, Dade County, Florida.
Tract II-Easement:
Easement rights for the benefit of Tract I, created by that certain Reciprocal Easement Agreement
recorded in OR Book 25532, Page 3463, Public Records of Miami-Dade County, Florida.
For Company Reference Purposes Only
According to insured representation or vesting instrument(s),the street address of the property is:
Street Name:49 Collins Avenue
City/State/Zip:Miami Beach,FL 33139
County:Miami-Dade
Pin/Tax:02-4203-003-0130 .
The Company does not represent or insure the above address is accurate.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
2381 Legal Description—File No.MTAFL-131547
Page 2 .•'**.
ALTA OWNERS POLICY(6/17/06)WITH FLORIDA MODIFICATIONS OLD: REPUBLIC NAr�o.•".im[o9L'luNCE COMPANY
Page 1308 of 1735
SCHEDULE B
•
File Number: MTAFL-131547 Policy No.: OXFL-08744379
EXCEPTION FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees,
or expenses that arise by reason of:
1. INTENTIONALLY DELETED
2. INTENTIONALLY DELETED
3. INTENTIONALLY DELETED
4. INTENTIONALLY DELETED
5. Rights of tenants as tenants only under unrecorded leases.
6. INTENTIONALLY DELETED
7. INTENTIONALLY DELETED
8. General or special taxes and assessments required to be paid in the year 2019 and subsequent
years
9. INTENTIONALLY DELETED -
10. INTENTIONALLY DELETED •
11. INTENTIONALLY DELETED
12. INTENTIONALLY DELETED
13. INTENTIONALLY DELETED
14. Conditions, restrictions, covenants and agreements in Declaration of Restrictive Convenants in
Lieu of Unity of Title dated March 22,2007 and recorded on April 13,2007 in Book 25532, Page
3452 and any•amendments thereto.
15. Reciprocal Easement Agreement between TRG-Block One, Ltd.and Southpointe Heights LLC,
recorded April 13, 2007 in Book 25532, Page 3463.
16. INTENTIONALLY DELETED
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
2381 Schedule B—File No.MTAFL-131547
Page 1
ALTA OWNERS POLICY(6/17/06)WITH FLORIDA MODIFICATIONS {OLD REPUBLIC NATIONAL TRI.LINSLRAYCL COMPANY
Page 1309 of 1735
SCHEDULE B
(Continued)
File No: MTAFL-131547 i Policy No.: OXFL-08744379
17. Conditional Use Permit recorded July 14,2011 in Book 27756, Page 3870.
Modified Conditional Use Permit recorded February 7, 2014 in Book 29023, Page 3451.
Modified Conditional Use Permit recorded April 4,2014 in Book 29096, Page 1007.
18. Terms and Conditions of Order recorded September 2, 2011 in Book 27813, Page 2542.
Supplemental and Corrected Order recorded February 7,2014 in Book 29023, Page 3519.
19. Conditional Use Permit dated June 26,2012 and recorded July 25, 2012 in Book 28202, Page
1222.
20. Terms and Conditions of Order recorded August 27,2013 in Book 28791, Page 3155.
21. Covenant in Lieu of Unity of Title for Parking dated March 27, 2015 and recorded April 16, 2015
in Book 29580, Page 2531.
Amended and Restated Parking Space License Agreement dated April 25,2018 and recorded
April 27, 2018 in Book 30958, Page 808.
22. Easement recorded August 4,2015 in Book 29724, Page 3791.
23. Notice of Non-Responsibility dated May 6,2016 and recorded May 12,2016 in Book 30073,
Page 4941.
24. Covenant in Lieu of Unity of Title for Parking recorded August 18,2017 in Book 30661, Page
1124.
25. All conditions, matters, easements and setback lines as set forth on plat recorded in Plat Book 2,
Page 38,as affected by Affidavit recorded April 25, 2016 in Official Records Book 30050, Page
2684.
26. Survey prepared by Oria Jannet Suarez of J. Bonflll&Associates, Inc,Job Number 18-0162-1,
dated 06/22/2018, last revised 01/31/2019,discloses the following:
a. Building along the northerly side of Lot 15 encroaches Power and Light Easement as reflected
in Book 29724, Page 3791;
b. Intentionally deleted;
c. Rights of others both public and private in and to electric transformers, manholes, clean outs,
valves and any other utility equipment on along or crossing subject property;
_ I
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
2381 Schedule B—File No.MTAFL-131547
Page 2 .*'***
ALTA OWNERS POLICY(6/17/06)WITH FLORIDA MODIFICATIONS *OLD REPUBLIC NATIuna.TITLE INSURANCE COHPAVY
***
Page 1310 of 1735
SCHEDULE B
(Continued)
File No: MTAFL-131547 Policy No.: OXFL-08744379
27. Mortgage and Security Agreement made by 49 Collins Avenue Realty LLC to VNB New York,
LLC dated as of February 7, 2019, recorded on February 19,2019 in the Miami-Dade County,
Florida Clerk/Register's Office in Book 31330 Page 197, in the amount of$12,000,000.00.
28. Assignment of Rents, Leases and Profits made by 49 Collins Avenue Realty LLC,to VNB New
9 York, LLC, dated February`7,2019, recorded on February.19, 2019 in the Miami-Dade County
Clerk/Register's Office in Book 31330, Page 223.
29. UCC-1 Financing Statement made between 49 Collins Avenue Realty LLC(debtor)and VNB
New York, LLC(secured party), recorded on February 19,2019 in the Miami-Dade County
Clerk/Register's Office in Book 31330, Page 234.
NOTE:All recording references in this commitment/policy shall refer to the Public Records of
Miami-Dade County, Florida; unless otherwise noted.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
2381 Schedule B—File No.MTAFL-131547
Page 3 .•"•,
ALTA OWNERS POLICY(6/17/06)WITH FLORIDA MODIFICATIONS *0L1 REPUBLIC UTIOS41.TITLE INSURANCE COMPANY
ilk
Page 1311 of 1735
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
FL ENDORSEMENT 9.2-06 (RESTRICTIONS, ENCROACHMENTS, MINERALS- OWNER'S
POLICY-IMPROVED LAND) WITH FL
Attached to Policy No. OXFL-08744379
The insurance provided by this endorsement is subject to the Exclusions from Coverage, the Exceptions from
Coverage contained in Schedule B, and the Conditions in the policy.
The Company insures the Insured against loss or damage sustained by reason of:
1.The existence, at Date of Policy,of any of the following unless expressly excepted in Schedule B:
(a) Present violations on the Land of any enforceable covenants, conditions, or restrictions, or any existing
improvements on the Land which violate any building setback lines shown on a plat of subdivision
recorded or filed in the Public Records.
(b) Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the
Land which, in addition, (i)establishes an easement on the Land; (ii) provides for an option to purchase, a
right of first refusal, or the prior approval of a future purchaser or occupant; or (iii) provides a right of
re-entry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable
covenants,conditions, or restrictions.
(c) Any encroachment of existing improvements located on the Land onto adjoining land, or any
encroachment onto the Land of existing improvements located on adjoining land.
(d)Any encroachment of existing improvements located on the Land onto that portion of the Land subject
to any easement excepted in Schedule B.
(e) Any notices of violation of covenants, conditions, or restrictions relating to environmental protection
recorded or filed in the Public Records.
2. Damage to buildings existing at Date of Policy:
(a) Which are located on or encroach upon that portion of the Land subject to any easement excepted in
Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose
for which it was granted or reserved;
(b) Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land
for the extraction or development of minerals excepted from the description of the Land or excepted in •
Schedule B.
3.Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment,
other than fences, landscaping,or driveways,excepted in Schedule B.
4. Any final court order or judgment denying the right to maintain any existing building on the Land because of
any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision
recorded or filed in the Public Records at Date of Policy.
Wherever in this endorsement the words"covenants, conditions,or restrictions"appear,they shall not be deemed
to refer to or include the terms,covenants, conditions, or limitations contained in an instrument creating a lease.
FL Endorsement 9.2-06(Restrictions,Encroachments,Minerals—Owner's Policy-Improved Land) MTAFL-131547
with Fl
Page 1312 of 1735
Policy No.: OXFL-08744379
As used in paragraphs 1(a) and 4, the words"covenants, conditions, or restrictions" shall not be deemed to refer
to or include any covenants, conditions or limitations relating to environmental protection.
The failure to expressly except any matter delineated in paragraphs 1(a), (b) or (e) of this endorsement
constitutes the Company's agreement to indemnify against actual monetary loss or damage resulting from any
matters delineated in paragraphs 1(a), (b) or(e)only'and provides no coverage for any other matters set forth in
the covenants,conditions and restrictions.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and any
prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Dated: February 19,2019 OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY
Countersigned By:
Elliot S.Zaks
Madison Title Agency, LLC
FL Endorsement 9.2-06(Restrictions,Encroachments,Minerals—Owner's Policy-Improved Land) MTAFL-131547
with Fl
Page 1313 of 1735
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
FLORIDA SURVEY ENDORSEMENT
Attached to Policy No. OXFL-08744379
The Company hereby acknowledges the lands described in Schedule A are the same lands described on the
survey prepared by J. Bonfill & Associates, Inc dated 06/22/2018 and revised on 01/31/2019, however, the
Company does not insure the accuracy or completeness of said survey.
This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any
prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and
provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any
prior endorsements, nor does it increase the face amount thereof.
Dated: February 19, 2019 OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY
Countersigned By:
Elliot S.Zaks
Madison Title Agency, LLC
•
Florida Survey Endorsement MTAFL-131547
Page 1314 of 1735
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SPECIFIC PURPOSE SURVEY
•
LOCATION SKETCH AND LEGAL DESCRIPTION
TO BE USED FOR A
- REVOCABLE PERMIT APPLICATION FOR
PROPOSED WORK IN THE SIDEWALK AREA IDENTIFIED
1
580.000__ LOT-/6
1 BLOCK-/
I �r. 7 LOT-/
SIDEWALK f�;�r/ BLOCK-/
kt I AREA �..Y�r --- .
•
Lli1 .sr i j=%
LOT-l5
CI ,f.l
v1 ^ i/•�%/:• BLOCK-l
V 1
!f LOT-Z
BLOCK-/
/ 14/ .-- .— --- .-- -- -V- ----..
•
' °- N.
1 16::
/i.1SIDEWALK /` LOT-/4
1 AREA '�: BLOCK-I
~j� LOT 3 ,.... .�
r!/. 5 BLOCK-/
fif Francisco`�_�-�—
F Fajardo:
"'L P_, N80°000 '
_... ..„
80.00 707AL 1130.` G%SCO F.&I�•,
R/W LOT-l3 /�GEPTIFIelfj.: 9Oe
O,`BLOCK-l _ mi*j NO.4767 ',I
i !
LOT-4 t�t�0\� /QQ'�¢STATE OF j,,
BLOCK-l eSs;c•Nn s a O?" 'l
_� '
PROPERTY ADDRESS:
SURVEYORS NOTE 49 COLLINS AVENUE,
THIS IS NOT A BOUNDARY SURVEY. MIAMI BEACH, FLORIDA 33139
FOLIO NUMBER:02-4203-003-0130
SPECIFIC PURPOSE SURVEY
I HEREBY CERTIFY THAT THIS SKETCH AND t;y--.•.'-,- PROFESSIONAL SURVEYING AND MAPPING
lV { LANNES AND GARCIA INC.
DESCRIPTION WAS MADE UNDER MY SUPERVISION r:- �3 - _�:..,
AND MEETS STANDARDS OF PRACTICE SET FORTH 0"'b -�.; �'^?� �
BY THE FLORIDA BOARD OF PROFESSIONAL .i.,,s +
SURVEYORS AND MAPPERS IN CHAPTER 5J-17.050 r:� 116. LB#2098
THROUGH 5J-17.052,FLORIDA ADMINISTRATIVE CODE, .'~ '»_(O1-" c FRANCISCO F. FAJARDO PSM#4767(QUALIFIER)
PURSUANT TO SECTION 472.027,FLORIDA STATUTES, 4967 SW 75th AVENUE,
AND,THAT THE SKETCH HEREON IS TRUE AND ,1yn�,
CORRECT TO THE BEST OF MY KNOWLEDGE AND '- MIAMI, FLORIDA 33155
BELIEF.SUBJECT TO NOTES AND NOTATIONS r OWN PH(305)666-7909 -FAX(305)442-2530
HEREON.
FRANCISCO F FAJARDO • DWG.NO.269078
FLORIDA PROFESSIONAL SURVEYOR AND MAPPER g13 I b of T(ALE:REGISTRATION NO.4767 DRAWN B .
a L.J. SALE:1"-30' DATE:12-13-2021 SHEET 1 OF 2
LEGAL DESCRIPTION TO ACCOMPANY SKETCH
LOCATION SKETCH -
NOT TO S::::E
i
_ T �—�'-uLi7
r y°_i::.i::.
la
41
z
•
�_� ~ s
+s • VO L n ! `
SPECIFIC PURPOSE SURVEY
LOCATION SKETCH AND LEGAL DESCRIPTION
TO BE USED FOR A
REVOCABLE PERMIT APPLICATION FOR
PROPOSED WORK IN THE SIDEWALK AREA IDENTIFIED
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY OF COLLINS AVENUE OF"OCEAN BEACH FLORIDA
SUBDIVISION",ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 2, PAGE 38 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY,FLORIDA,DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF THE AFOREMENTIONED PLAT OF"OCEAN BEACH
FLORIDA SUBDIVISION'; THENCE NORTH 80°00'00"WEST ALONG THE SOUTHERLY EXTENSION LINE OF LOT 14,
BLOCK 1 OF THE AFOREMENTIONED PLAT OF"OCEAN BEACH FLORIDA SUBDIVISION"11.30 FEET;THENCE
NORTH 10°00'00"EAST ALONG A LINE PARALLEL WITH AND 11.30 FEET WEST OF AS MEASURED AT RIGHT
ANGLES, TO THE WEST LINE OF LOTS 14 AND 15, BLOCK 1, 100.00 FEET TO A POINT WITH THE NORTHERLY
EXTENSION LINE OF LOT 15, BLOCK 1;THENCE SOUTH 80°00'00"EAST ALONG THE NORTHERLY EXTENSION LINE
OF LOT 15, BLOCK 1, 11.30 FEET TO THE NORTHWEST CORNER OF LOT 15, BLOCK 1; THENCE SOUTH 10°00'00"
WEST ALONG THE WESTERLY BOUNDARY LINE OF SAID LOTS 14 AND 15,BLOCK 1 AND THE EASTERLY RIGHT OF
WAY OF COLLINS AVENUE 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,130.00 SQUARE FEET(0.03
ACRES MORE OR LESS).
SAID LANDS LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA. BEARINGS
MENTIONED ARE BASED ALONG THE EASTERLY RIGHT OF WAY OF COLLINS AVENUE=N 10°00'00"E(ASSUMMED)
-6c0FF4I..
/4;
Francisc � "°.1767 '► PROPERTY ADDRESS:
��K. .'SURVEYOR'S NOTE °�°�FFq°4°„„,,_° ` 49 COLLINS AVENUE,
o F
THIS IS NOT A BOUNDARY SURVEY. a "" " `�s FT"TQ,oa,<� MIAMI BEACH, FLORIDA 33139
Fajardo m,oniu511919' SO',4LS RVEi°'
FOLIO NUMBER:02-4203-003-0130
SPECIFIC PURPOSE SURVEY
I HEREBY CERTIFY THAT THIS SKETCH AND - • PROFESSIONAL SURVEYING AND MAPPING
DESCRIPTION WAS MADE UNDER MY SUPERVISION s" - t'�7••.-
AND MEETS STANDARDS OF PRACTICE SET FORTH - LA NNES AND GAR CIA INC.
BY THE FLORIDA BOARD OF PROFESSIONAL , c 'r • I y*?r'
SURVEYORS AND MAPPERS IN CHAPTER 5J-17 050 r ',IG LB#2098
THROUGH 5J-17.052,FLORIDA ADMINISTRATIVE CODE, 'Ig�'� ,'0. 1 lPURSUANT TO SECTION 472 027,FLORIDA STATUTES, —`..Et,ratr! FRANCISCO F. FAJARDO PSM#4767(QUALIFIER)
AND,THAT THE SKETCH HEREON IS TRUE AND jO=` 4967 S W 75th AVENUE,
CORRECT TO THE BEST OF MY KNOWLEDGE AND MIAMI, FLORIDA 33155
BELIEF.SUBJECT TO NOTES AND NOTAT7ON$ HOWN - PH(305) 666-7909 FAX(305)442-2530
HEREON. � � y�
FRANCISCO F.FAJARDO DWG.NO.269078
FLORIDA PROFESSIONAL SURVEYOR AND MAPPER Page 1311 of 1735
REGISTRATION NO.4767. DRAWN BY:J.L.J. I SCALE:NTS DATE:12-13-2021 SHEET 2 OF 2
W\IAi'\/\I BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
APPLICATION FOR REVOCABLE PERMIT
FILE NO: RWP0421-7301
DATE: 12/15/2021
1. NAME OF APPLICANT: 49 COLLINS AVENUE REALTY LLC
2. APPLICANT'S ADDRESS: 49 COLLINS AVENUE, MIAMI BEACH, FLORIDA 33139
3. APPLICANT'S BUSINESS TELEPHONE: NOT APPLICABLE
RESIDENCE TELEPHONE: NOT APPLICABLE
4. ADDRESS AND LEGAL DESCRIPTION OF SUBJECT CITY PROPERTY:
PLEASE SEE ATTACHED EXHIBIT"A"
5. ADDRESS AND LEGAL DESCRIPTION OF APPLICANT'S PROPERTY ABUTTING SUBJECT
CITY PROPERTY:
PLEASE SEE ATTACHED EXHIBIT"B"
6. HAS A PUBLIC HEARING BEEN HELD PREVIOUSLY REGARDING THIS REQUEST?
YES NO X IF SO, WHEN:
FILE NO. OF PREVIOUS REQUEST:
7. BRIEFLY STATE REQUEST EXPLAINING THE REASON/NEED FOR THE REVOCABLE
PERMIT:
GIVEN THE ONGOING PANDEMIC AND THE IMPORTANCE OF OUTDOOR DINING FOR THE HEALTH AND SAFETY OF
THE RESTAURANT PATRONS AND TO PROTECT RESTAURANT PATRONS FROM INCLEMENT WEATHER SUCH AS HEAVY
RAINS,A REVOCABLE PERMIT IS NECESSARY FOR THE INSTALLATION OF FOUR(4)RETRACTABLE AWNINGS TO COVER
A PORTION OF THE OUTDOOR SEATING AREA LOCATED ON PUBLIC PROPERTY ALONG WITH THE TABLES AND CHAIRS
UNDER THE RETRACTABLE AWNINGS FOR PARTON DINING.
Page 1 of 3
•
Page 1317 of 1735
8. DOES THE REQUEST INVOLVE THE PLACEMENT OF OBJECTS OR STRUCTURES ON THE
SUBJECT PROPERTY?
YES X NO
IF SO, BRIEFLY DESCRIBE THE OBJECTS/STRUCTURES:
THE APPLICANT IS PROPOSING TO INSTALL FOUR(4)RETRACTABLE AWNINGS TO COVER A PORTION OF THE
SEATING AREA LOCATED ON PUBLIC PROPERTY OF THE GROUND FLOOR RESTAURANT SPACE AT THE
SUBJECT PROPERTY WITH TABLES AND CHAIRS UNDER THE RETRACTABLE AWNINGS FOR PATRON DINING.
9. NAME OF CONTRACTOR: POINCIANA DEVELOPMENT COMPANY
ADDRESS: 1600 NW 3RD AVENUE, MIAMI,FLORIDA 33136
BUSINESS TELEPHONE: (305)469-5806
SEE THE ATTACHED LIST FOR ITEMS TO BE SUBMITTED WITH THIS APPLICATION (SECTION
82-92, ITEMS 1 THROUGH 9).
NO WORK SHOULD BE PERFORMED IN THE SUBJECT CITY PROPERTY UNTIL A REVOCABLE
PERMIT APPROVED BY THE CITY COMMISSION IS OBTAINED.
IT IS THE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR TO OBTAIN THE
REQUIRED PERMITS AND INSPECTIONS FOR ALL WORK ON THE SUBJECT CITY PROPERTY.
ALL WORK MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES.
ALL DATA SUBMITTED IN CONNECTION WITH THIS APPLICATION BECOMES A PERMANENT
PART OF THE PUBLIC RECORDS OF THE PUBLIC WORKS DEPARTMENT OF THE CITY.
Page 2 of 3
Page 1318 of 1735
FILE NO. RWP0421-7301
•
THE SUBJECT PROPERTY IS AT THE FOLLOWING STREET ADDRESS:
49 COLLINS AVENUE ,MIAMI BEACH,FL.
INSTRUCTIONS:
COMPLETE OWNER AFFIDAVIT OR CORPORATION AFFIDAVIT,AS APPLICABLE,ALSO,IF YOU ARE GIVING
POWER OF ATTORNEY TO AN INDIVIDUAL TO REPRESENT YOU ON THIS REQUEST,COMPLETE THE LAST
AFFIDAVIT.
OWNER AFFIDAVIT
NOT APPLICABLE
I, , oeing first duly sworn, depose and say that I am the owner of the
property described herein and which is the subject matter of the proposed hearing:that all the answers to the questions in
this application and all supplemental data attached to and made a part of the application are honest and true to the best of
my knowledge and belief.
SiGNATURE
Sworn to and subscribed to before me
this day of ,20
NOTARY PUBLIC
Commission Expires:
CORPORATION AFFIDAVIT
I, LEOPOLD FRIEDMAN , being duly sworn,depose and say that I am
the Manager of the aforesaid company, and as such, have been authorized by the company 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 company is the qtvner of the property described
herein and which is the subject matter of the proposed hearing. k .y
MANA MCI •TURE(CORP. SEAL)
Sworn to and subscribed to before me
this - ofOE MBER2O 21 AAA
' ....... �`
NOTARY PUBLIC
Nauy Public Sidi or FloI 6
Raie Fote-Laulgarte c f. Mp iC f=OQ246 Commission Expires: 5 J /3 )2.0,24
' .
* r M • r • s
OWNER/POWER OF ATTORNEY AFFIDAVIT
I LEOPOLD FRIEDMAN` , being duly sworn,depose and say that 49 Collins Avenue Realty LLC is the owner of the •
described real property and that 49 Collins Avenue Realty LLC is aware of the nature and effect of the request for thisLLINS
revocable permit, relative to our property, which is hereby made by me or I am hereby auth I 9Av
GRE5N5POpN HARDER LLC&
to be my legal representative before the City Commission. �-'
Sworn to and subscribed to before meNER'S SIGNATURE
this IS „ day of DECEMBER,20 21 ,
'MANAGER OF 49 COLLINS AVENUE REALTY LLC j.
NOTARY PUBLIC
Commission Expires:
•
0iii,,,iv ARIUSKA RODRIGUEZ
Notacy Public-State of Florida
3• •-1•= Commission #GG 330158
•
,,'
ic My Commission Expires Page 3 of 3
'��' i.�` May 2,202 3__. .,.-. •
Page 1319 of 1735 •