Loading...
WD-276 111111111111111111111111111111111111111111111 This Instrument Prepared By Craig M. Dome, Esq. 407 Lincoln Road - PH-SE Miami Beach, FL 33139 CFN 2005R0101819 OR Bk 23045 P9S 0641 - 642; (2P9Si RECORDED 02i01i2005 11:26:15 DEED DOC TAX 6,430.00 SURTAX 4,860.00 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA Return to: Joel Minsker, Esq. 1110 Brickell Ave. Seventh Floor Miami, FL 33131 FOLIO NOS. 02-3233-013-0110 WARRANTY DEED ~Ji{ THIS INDENTURE, made this day of January, 2005, between GLORIA ROSENTHAL, a single woman, indivi ually and as Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99 (hereinafter called the Grantor*), to CITY OF MIAMI BEACH, a Florida municipal corporation, whose post office address is 1700 Convention Drive, Fourth Floor, Miami Beach, Florida 33139 (hereinafter called the Grantee*). WITNESSETH, that the Grantor, for and in consideration of the sum of TEN AND NO/lOO ($10.00), DOLLARS, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Miami-Dade County, Florida, to-wit: Lot 10, Block 13, Amended Plat of Block Thirteen of the Alton Beach Realty Company, according to the Plat thereof as recorded in Plat Book 9, Page 146, Public Records of Miami-Dade County, Florida. SUBJECT TO: Taxes for the year 2005 and subsequent years; and reservations, covenants and conditions of record, dedications, restrictions, limitations, easements, rights of way of record, applicable zoning regulations and ordinances imposed by governmental authority and restrictions and matters appearing on the Plat or otherwise common to the subdivision, without intent of relmposmg same. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances. ~ OR BK 23045 PG 0642 LAST PAGE *"Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered In our presence: ROSENTHAL, Trustee of the Gloria Rev~cable ~st U~~d 5/14/99 By: ~ GLORIA ROSENTHAL, Trustee Print Name C....-....\......... P~r/IA- - ~~~. Pri ~e ~~ . 'M iN..s~ ~ GLORIA ROSENTHAL, individually 1310 Royal Palm Way Boca Raton, Florida 33432 ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ~/~ay of January, 2005, by GLORIA ROSENTHAL, individually and as Trustee of the Ch;ria Rosenthal Revocable Trust ula/dtd 5/14/99, on behalf of the Trust, who produced a Florida driver's license as identification. STATE OF FLORIDA Commission Expires: ~ IC, STATE OF FLORIDA OL~~ SEAL] ~--".. OFACIALNOTARY SEAL ~~.l?'1 Pu~ DOROTHYOlSTER o ~. , t ~ ' GOMMISSION NUMBER ~ <( D0021692 7AliIfI.,f! ." ""'....,ION,EXPI, RES ~ OF F\O MAY 18,2005 """"""~'..,,,,,.",,..",'.1"'''''~ ."..,..,--..,..... ,-,=-,",~'~' BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that and GLORIA ROSENTHAL, Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99, (the "Seller"), for and in consideration of the sum of Ten ($10.00) Dollars paid to the Seller by CITY OF MIAMI BEACH, a Florida municipal corporation (the "Buyer"), the receipt whereof is hereby acknowledged, have granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the Buyer, his heirs, personal representatives and assigns, the following property (the "Property"), all in an "AS IS" condition and located at the premises commonly known as 1833 Bay Road, Miami Beach, Florida 33139 (the "Premises"): Any personal property owned by the Seller at the demised premises, all In an as-IS condition. TO HAVE AND TO HOLD the same unto the Buyer, his heirs, personal representative and assigns forever. AND the Seller warrants that they are the lawful owners of the Property; that the Property is free from all encumbrances except as may be stated in the Warranty Deed to the premises given this date by the Seller to the Buyer; that the Seller has good right to sell the Property, and that the Seller will warrant and defend this sale of the Property against the lawful claims and demands of all persons. IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered In our presence: ~~~ --- PritN c., /7 name """, J...-?1_ .oY'.,......_~ - GLORIA ROSENTHAL, Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99 By 1f~ ~ GL6RIA ROSENTHAL, Trustee Print~~ ~~ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me thi~3ldday of January, 2005, by GLORIA ROSENTHAL, Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99, on behalf of the Trust, who produced a Florida driver's license as identification. Commission Expires: THIS INSTRUMENT PREPARED BY: Craig M, Dome. PA 407 Lincoln Road - PHoSE Miami Beach, Florida 33139 "llV "iI CFAClAl.NOT 0" 8<;., llOFlOTHY 0lSTER V C;; COUMISSION NUMBER ~ <( 00021692 "1< ~S MY COMMISSION ElCPIRES OF f'-O _~~'!.l8,2005 IC, STATE OF FLORIDA ---z;J EAL] ::bDf67 0 '-~ let<- ® b14,GOSIP uF+q TS St+^Pel. St4n'N..•MZ,A« . L;. American Land Title Association Owner's Policy- 10-17-92)(With Florida Modifications) psu....2,ssx: thAilso •. •:x^' . •. r00k14141r�:r.— :,;sew .�,e aa�s awr.rs±c ,,.s 2IMR - cram cre11 di OWNER'S TITLE INSURANCE POLICY Attorneys' 'Title Insurance . Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund,insures,as of Date of Policy shown in Schedule A,against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: • 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof; ATTORNEYS' TITLE INSURANCE FUND, INC. 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. q7A.,_ Attorneys' Title Insurance Fund, Inc. 111:' SEAL , aoin •+/ M11gMq,~ By i'itit-( e-e/ea Charles J. Kovaleslci President SERIAL OPM 2631620 FUND FORM OPM(rev.3/98) X.B. ..`-T'T:'.'; ".,,3's.'°?•a'.'S'.:.:R�:'?' 'r ,r ^t c __ --f. q -S- f+. T -f EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and The Fund will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv) environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to The Fund,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. . 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws,that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms from the insured of either(i)all estate or interest in the land,or(ii)all The following terms when used in this policy mean: indebtedness secured by a purchase money mortgage given to the (a) "insured":the insured named in Schedule A,and,subject to any insured. rights or defenses The Fund would have had against the named insured, 3. Notice of Claim To Be Given by Insured Claimant those who succeed to the interest of the named insured by operation of The insured shall notify The Fund promptly in writing(i)in case of any law as distinguished from purchase including,but not limited to,heirs, litigation as set forth in Section 4(a)below, (ii)in case knowledge shall distributees,devisees,survivors,personal representatives,next of kin, come to an insured hereunder of any claim of title or interest which is or corporate or fiduciary successors . adverse to the title to the estate or interest,as insured,and which might (b) "insured claimant":an insured claiming loss or damage. cause loss or damage for which The Fund may be liable by virtue of this (c) "knowledge" or"known": actual knowledge, not constructive policy,or (iii) if title to the estate or interest,as insured,is rejected as knowledge or notice which may be imputed to an insured by reason of unmarketable.If prompt notice shall not be given to The Fund,then as the public records as defined in this policy or any other records which to the insured all liability of The Fund shall terminate with regard to the impart constructive notice of matters affecting the land. matter or matters for which prompt notice is required; provided, (d)"land": the land described or referred to in Schedule A, and however,that failure to notify The Fund shall in no case prejudice the improvements affixed thereto which by law constitute real property rights of any insured under this policy unless The Fund shall be The term"land"does not include any property beyond the lines of the prejudiced by the failure and then only to the extent of the prejudice. area described or referred to in Schedule A,or any right,title,interest, 4. Defense and Prosecution of Actions;Duty of Insured Claimant estate or easement in abutting streets,roads,avenues,alleys,lanes,ways To Cooperate or waterways, but nothing herein shall modify or limit the extent to (a) Upon written request by the insured and subject to the options which a right of access to and from the land is insured by this policy. contained in Section 6 of these Conditions and Stipulations,The Fund, (e) "mortgage": mortgage, deed of trust, trust deed, or other at its own cost and without unreasonable delay, shall provide for the security instrument defense of an insured in litigation in which any third party asserts a (f) "public records": records established under state statutes at claim adverse to the title or interest as insured,but only as to those stated date of Policy for the purpose of imparting constructive notice of causes of action alleging a defect,lien or encumbrance or other matter matters relating to real property to purchasers for value and without insured against by this policy.The Fund shall have the right to select knowledge. With respect to Section 1(a)(iv) of the Exclusions from counsel of its choice (subject to the right of the insured to object for Coverage,"public records"shall also include environmental protection reasonable cause) to represent the insured as to those stated causes of liens filed in the records of the clerk of the United States district court action and shall not be liable for and will not pay the fees of any other for the district in which the land is located. - counsel.The Fund will not pay any fees,costs or expenses incurred by (g) "unmarketability of the title": an alleged or apparent matter the insured in the defense of those causes of action,which allege matters affecting the title to the land,not excluded or excepted from coverage, not insured against by this policy. which would entitle a purchaser of the estate or interest described in (b)The Fund shall have the right,at its own cost,to institute and Schedule A to be released from the obligation to purchase by virtue of prosecute any action or proceeding or to do any other act which in its a contractual condition requiring the delivery of marketable title. opinion may be necessary or desirable to establish the title to the estate 2. Continuation of Insurance After Conveyance of Title or interest, as insured,or to prevent or reduce loss or damage to the The coverage of this policy shall continue in force as of Date of Policy insured.The Fund may take any appropriate action under the terms of in favor of an insured only so long as the insured retains an estate or this policy,whether or not it shall be liable hereunder, and shall not interest in the land, or holds an indebtedness secured by a purchase thereby concede liability or waive any provision of this policy. If The money mortgage given by a purchaser from the insured,or only so long Fund shall exercise its rights under this paragraph, it shall do so as the insured shall have liability by reason of covenants of warranty diligently. marle by the inci,rerl in anv trancfer nr rnnvevanre of the ectatp nr tr.) Whenever The F,,nrlcha1)have hrri nhtanartinnnrintpmncpel Fund may pursue any litigation to final determination by a court of by the insured claimant which were authorized by The Fund up to the YP Y g Y competent jurisdiction and expressly reserves the right, in its sole time of payment and which The Fund is obligated to pay;or discretion,to appeal from any adverse judgment or order. (ii) to pay or otherwise ttle with the insured claimant the loss (d)In all cases where this policy permits or requires The Fund to or damage provided for under this policy, together with any costs, prosecute or provide for the defense of any action or proceeding,the attorneys' fees and expenses incurred by the insured claimant which insured shall secure to The Fund the right to so prosecute or provide were authorized by The Fund up to the time of payment and which The defense in the action or proceeding, and all appeals therein, and Fund is obligated to pay. permit The Fund to use,at its option,the name of the insured for this Upon the exercise by The Fund of either of the options provided for in purpose.Whenever requested by The Fund,the insured,at The Fund's paragraphs(b)(i)or(ii),The Fund's obligations to the insured under expense, shall give The Fund all reasonable aid (i) in any action or this policy for the claimed loss or damage, other than the payments proceeding, securing evidence, obtaining witnesses, prosecuting or required to be made,shall terminate,including any liability or obliga- defending the action or proceeding,or effecting settlement,and (ii) tion to defend,prosecute-or continue any litigation. in any other lawful act which in the opinion of The Fund may be 7.Determination,Extent of Liability and Coinsurance necessary or desirable to establish the title to the estate or interest as This policy is a contract of indemnity against actual monetary loss or insured. If The Fund is prejudiced by the failure of the insured to damage sustained or incurred by the insured claimant who has suffered furnish the required cooperation, The Fund's obligations to the loss or damage by reason of matters insured against by this policy and insured under the policy shall terminate, including any liability or only to the extent herein described. obligation to defend,prosecute,or continue any litigation,with regard (a) The liability of The Fund under this policy shall not exceed the to the matter or matters requiring such cooperation. least of: 5. Proof of Loss or Damage (i) the Amount of Insurance stated in Schedule A;or, In addition to and after the notices required under Section 3 of these (ii) the difference between the value of the insured estate or Conditions and Stipulations have been provided The Fund,a proof of interest as insured and the value of the insured estate or interest subject loss or damage signed and sworn to by the insured claimant shall be to the defect,lien or encumbrance insured against by this policy. furnished to The Fund within 90 days after the insured claimant shall (6) (This paragraph dealingwith Coinsurance was removed from Florida ascertain the facts giving rise to the loss or damage.The proof of loss policies.) or damage shall describe the defect in,or lien or encumbrance on the (c)The Fund will pay only those costs,attorneys'fees and expenses title,or other matter insured against by this policyhich constitutes the incurred in accordance with Section 4 of these Conditions and Stipu- basis of loss or damage and shall state,to the extent possible,the basis lations of calculating the amount of the loss or damage. If The Fund is 8. Apportionment prejudiced by the failure of the insured claimant to provide the If the land described in Schedule A consists of two or more parcels required proof of loss or damage, The Fund's obligations to the which are not used as a single site,and a loss is established affecting one insured under the policy shall terminate, including any liability or or more of the parcels but not all,the loss shall be computed and settled obligation to defend,prosecute,or continue any litigation,with regard on a pro rata basis as if-the amount of insurance under this policy was to the matter or matters requiring such proof of loss or damage. divided pro rata as to the value on Date of Policy of each separate parcel In addition,the insured claimant may reasonably be required to submit to the whole,exclusive of any improvements made subsequent to Date to examination under oath by any authorized representative of The of Policy,unless a liability or value has otherwise been agreed upon as Fund and shall produce for examination,inspection and copying, at to each parcel by The Fund and the insured at the time of the issuance such reasonable times and places as may be designated by any autho- of this policy and shown by an express statement or by an endorsement rized representative of The Fund,all records,books,ledgers,checks, attached to this policy. correspondence and memoranda,whether bearing a date before or 9. Limitation of Liability after Date of policy,which reasonably pertain to the loss or damage. , (a) If The Fund establishes the title,or removes the alleged defect, Further,if requested by any authorized representative of The Fund,the lien or encumbrance,or cures the lack of a right of access to or from the insured claimant shall grant its permission, in writing,for any autho- land,or cures the claim of unmarketability of title,all as insured,in a rized representative of The Fund to examine, inspect and copy all reasonably diligent manner by any method, including litigation and records,books,ledgers,checks,correspondence and memoranda in the completion of any appeals therefrom,it shall have fully performed the custody or control of a third party,which reasonably pertain to the its obligations with respect to that matter and shall not be liable for any loss or damage. All information designated as confidential by the loss or damage caused thereby. insured claimant provided to The Fund pursuant to this Section shall (b)In the event of any litigation,including litigation by The Fund not be disclosed to others unless,in the reasonable judgment of The or with The Fund's consent,The Fund shall have no liability for loss or Fund,it is necessary in the administration of the claim.Failure of the damage until there has been a final determination by a court of insured claimant to submit for examination under oath,produce other competent jurisdiction, and disposition of all appeals therefrom, ad- reasonably requested information or grant permission to secure rea- verse to the title as insured. sonably necessary information from third parties as required in this (c) The Fund shall not be liable for loss or damage to any insured paragraph shall terminate any liability of The Fund under this policy as for liability voluntarily assumed by the insured in settling any claim or to that claim. suit without the prior written consent of The Fund. 6. Options To Pay or Otherwise Settle Claims;Termination of 10. Reduction of Insurance;Reduction or Termination of Liability Liability All payments under this policy, except payments made for costs, In case of a claim under this policy,The Fund shall have the attorneys'fees and expenses,shall reduce the amount of the insurance following additional options: pro tanto. (a) To Pay or Tender Payment of the Amount of Insurance. 11. Liability Noncumulative To pay or tender payment of the amount of insurance under this policy It is expressly understood that the amount of insurance under this together with any costs,attorneys' fees and expenses incurred by the policy shall be reduced by any amount The Fund may pay under any insured claimant,which were authorized by The Fund,up to the time policy insuring a mortgage to which exception is taken in Schedule B of payment or tender of payment and which The Fund is obligated to or to which the insured has agreed,assumed,or taken subject,or which pay. is hereafter executed by an insured and which is a charge or lien on the Upon the exercise by The Fund of this option,all liability and obliga- estate or interest described or referred to in Schedule A, and the tions to the insured under this policy,other than to make the payment amount so paid shall be deemed a payment under this policy to the required, shall terminate, including any liability or obligation to insured owner. defend,prosecute,or continue any litigation,and the policy shall be 12. Payment of Loss surrendered to The Fund for cancellation. (a) No payment shall be made without producing this policy for (b)To Pay or Otherwise Settle With Parties Other than the Insured endorsement of the payment unless the policy has been lost or de- or With the Insured Claimant. stroyed,in which case proof of loss or destruction shall.be furnished to (i) to pay or otherwise settle with other parties for or in the the satisfaction of The Fund. name of an insured claimant any claim insured against under this (b)When liability and the extent of loss or damage has been policy,together with any costs,attorneys'fees and expenses incurred definitely fixed in accordance with these Conditions and Stipulations, Fund may pursue any litigation to final determination by a court of by the insured claimant which were authorized by The Fund up to the competent jurisdiction and expressly reserves the right, in its sole time of payment and which Fund is obligated to pay;or discretion,to appeal from any adverse judgment or order. (ii) to pay or otherwise settle with the insured claimant the loss (d)In all cases where this policy permits or requires The Fund to or damage provided for under this policy, together with any costs, prosecute or provide for the defense of any action or proceeding,the attorneys' fees and expenses incurred by the insured claimant which insured shall secure to The Fund the right to so prosecute or provide were a_uthorized by The Fund up to the time of payment and which The defense in the action or proceeding, and all appeals therein, and Fund is obligated to pay. permit The Fund to use,at its option,the name of the insured for this Upon the exercise by The Fund of either of the options provided for in purpose.Whenever requested by The Fund,the insured,at The Fund's paragraphs(b)(i) or(ii),The Fund's obligations to the insured under expense, shall give The Fund all reasonable aid (i) in any action or this policy for the claimed loss or damage, other than the payments proceeding, securing evidence, obtaining witnesses, prosecuting or required to be made,shall terminate,including any liability or obliga- defending the action or proceeding,or effecting settlement,and (ii) tion to defend,prosecute or continue any litigation. in any other lawful act which in the opinion of The Fund may be 7.Determination;Extent of Liability and Coinsurance.`•`' necessary or desirable to establish the title to the estate or interest as This policy is a contract of indemnity against actual monetary loss or insured. If The Fund is prejudiced by the failure of the insured to damage sustained or incurred by the insured claimant who has suffered furnish the required cooperation, The Fund's obligations to the loss or damage by reason of matters insured against by this policy and insured under the policy shall terminate, including any liability or only to the extent herein described. obligation to defend,prosecute,or continue any litigation,with regard (a) The liability of The Fund under this policy shall not exceed the to the matter or matters requiring such cooperation. least of: 5. Proof of Loss or Damage (i) the Amount of Insurance stated in Schedule A;or, In addition to and after the notices required under Section 3 of these (ii) the difference between the value of the insured estate or Conditions and Stipulations have been provided The Fund;a proof of interest as insured and the value of the insured estate or interest subject loss or damage signed and sworn to by the insured claimant shall be to the defect,lien or encumbrance insured against by this policy. furnished to The Fund within 90 days after the insured claimant shall (b) (This paragraph dealingwith Coinsurance was removed from Florida ascertain the facts giving rise to the loss or damage.The proof of loss policies.) or damage shall describe the defect in,or lien or encumbrance on the (c)The Fund will pay only those costs,attorneys'fees and expenses title,or other matter insured against by this policy which constitutes the incurred in accordance with Section 4 of these Conditions and Stipu- basis of loss or damage and shall state,to the extent possible,the basis lations of calculating the amount of the loss or damage. If The Fund is 8. Apportionment prejudiced by the failure of the insured claimant to provide the If the land described in Schedule A consists of two or more parcels required proof of loss or damage, The Fund's obligations to the which are not used as a single site,and a loss is established affecting one insured under the policy shall terminate, including any liability or or more of the parcels but not all,the loss shall be computed and settled obligation to defend,prosecute,or continue any litigation,with regard on a pro rata basis as if-the amount of insurance under this policy was to the matter or matters requiring such proof of loss or damage. divided pro rata as to the value on Date of Policy of each separate parcel In addition,the insured claimant may reasonably be required to submit to the whole,exclusive of any improvements made subsequent to Date to examination under oath by any authorized representative of The of Policy,unless a liability or value has otherwise been agreed upon as Fund and shall produce for examination,inspection and copying,at to each parcel by The Fund and the insured at the time of the issuance such reasonable times and places as may be designated by any autho- of this policy and shown by an express statement or by an endorsement rized representative of The Fund,all records,books,ledgers,checks, attached to this policy. correspondence and memoranda,whether bearing a date before or 9. Limitation of Liability after Date of policy,which reasonably pertain to the loss or damage. (a) If The Fund establishes the title,or removes the alleged defect, Further,if requested by any authorized representative of The Fund,the lien or encumbrance,or cures the lack of a right of access to or from the insured claimant shall grant its permission,in writing,for any autho- land,or cures the claim of unmarketability of title,all as insured,in a rized representative of The Fund to examine, inspect and copy all reasonably diligent manner by any method, including litigation and records,books,ledgers,checks,correspondence and memoranda in the completion of any appeals therefrom,it shall have fully performed the custody or control of a third party,which reasonably pertain to the its obligations with respect to that matter and shall not be liable for any loss or damage. All information designated as confidential by the loss or damage caused thereby. insured claimant provided to The Fund pursuant to this Section shall (b)In the event of any litigation,including litigation by The Fund not be disclosed to others unless,in the reasonable judgment of The or with The Fund's consent,The Fund shall have no liability for loss or Fund,it is necessary in the administration of the claim.Failure of the damage until there has been a final determination by a court of insured claimant to submit for examination under oath,produce other competent jurisdiction, and disposition of all appeals therefrom, ad- reasonably requested information or grant permission to secure rea- verse to the title as insured. sonably necessary information from third parties as required in this (c) The Fund shall not be liable for loss or damage to any insured paragraph shall terminate any liability of The Fund under this policy as for liability voluntarily assumed by the insured in settling any claim or to that claim. suit without the prior written consent of The Fund. 6. Options To Pay or Otherwise Settle Claims;Termination of 10. Reduction of Insurance;Reduction or Termination of Liability Liability All payments under this policy, except payments made for costs, In case of a claim under this policy,The Fund shall have the attorneys'fees and expenses,shall reduce the amount of the insurance following additional options: pro tanto. (a) To Pay or Tender Payment of the Amount of Insurance. 11. Liability Noncumulative To pay or tender payment of the amount of insurance under this policy It is expressly understood that the amount of insurance under this together with any costs, attorneys' fees and expenses incurred by the policy shall be reduced by any amount The Fund may pay under any insured claimant,which were authorized by The Fund,up to the time policy insuring a mortgage to which exception is taken in Schedule B of payment or tender of payment and which The Fund is obligated to or to which the insured has agreed,assumed,or taken subject,or which pay. is hereafter executed by an insured and which is a charge or lien on the Upon the exercise by The Fund of this option,all liability and obliga- estate or interest described or referred to in Schedule A, and the tions to the insured under this policy,other than to make the payment amount so paid shall be deemed a payment under this policy to the required, shall terminate, including any liability or obligation to insured owner. defend,prosecute, or continue any litigation,and the policy shall be 12. Payment of Loss surrendered to The Fund for cancellation. (a) No payment shall be made without producing this policy for (b)To Pay or Otherwise Settle With Parties Other than the Insured endorsement of the payment unless the policy has been lost or de- or With the Insured Claimant. stroyed,in which case proof of loss or destruction shall.be furnished to (i) to pay or otherwise settle with other parties for or in the the satisfaction of The Fund. name of an insured claimant any claim insured against under this (b)When liability and the extent of loss or damage has been policy,together with any costs,attorneys'fees and expenses incurred definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. demanded if agreed to by both The Fund and the insured.Arbitrable matters 13. Subrogation Upon Payment or Settlement may include,but are not limited to,any controversy or claim between The Fund (a) The Fund's Right of Subrogation. and the insured arising out of or relating to this policy,and service of The Fund Whenever The Fund shall have settled and paid a claim under this in connection with its issuance or the breach of a policy provision or other policy, right of subrogation shall vest in The Fund unaffected p y,all rht g g ected by any obligation.Arbitration pursuant to this policy and under the Rules in effect on act of the insured claimant. the date the demand for arbitration is made or,at the option of the insured, The Fund shall be subrogated to and be entitled to all rights and the Rules in effect at Date of Policy shall be binding upon the parties. The remedies which the insured claimant would have had against any award may include attorneys'fees only if the laws of the state in which the land person or property in respect to the claim had this policy not been is located permit a court to award attorneys'fees to a prevailing party. issued.If requested by The Fund,the insured claimant shall transfer to Judgment upon the award rendered by the Arbitrator(s)may be entered in any The Fund all rights and remedies against any person or property court having jurisdiction thereof necessary in order to perfect this right of subrogation. The insured The law of the situs of the land shall apply to an arbitration under the claimant shall permit The Fund to sue, compromise or settle in the Title Insurance Arbitration Rules. name of the insured claimant and Co use the name of the insured A copy of the Rules may be obtained from The Fund upon request. claimant in any transaction or litigation involving these rights or 15. Liability Limited to this Policy;Policy Entire Contract remedies. (a) This policy together with all endorsements, if any, attached If a payment on account of a claim does not fully cover the loss of the hereto by The Fund is the entire policy and contract between the insured claimant, The Fund shall be subrogated to these rights and insured and The Fund.In interpreting any provision of this policy,this remedies in the proportion which The Fund's payment bears to the policy shall be construed as a whole. whole amount of the loss. (b)Any claim of loss or damage,whether or not based on negli- If loss should result from any act of the insured claimant, as stated gence, and which arises out of the status of the title to the estate or above, that act shall not void this policy,but The Fund,in that event, interest covered hereby or by any action asserting such claim,shall be shall be required to pay only that part of any losses insured against by restricted to this policy. this policy which shall exceed the amount,if any,lost to The Fund by (c) No amendment of or endorsement to this policy can be made reason of the impairment by the insured claimant of The Fund's right except by a writing endorsed hereon or attached hereto signed by of subrogation. either the President,a Vice President,or Agent of The Fund. (b)The Fund's Rights Against Non-insured Obligors. 16. Severability The Fund's right of subrogation against non-insured obligors shall In the event any provision of the policy is held invalid or unenforceable exist and shall include,without limitation,the rights of the insured to under applicable law, the policy shall be deemed not to include that indemnities,guaranties,other policies of insurance or bonds,notwith- provision and all other provisions shall remain in full force and effect. standing any terms or conditions contained in those instruments which 17. Notices,Where Sent provide for subrogation rights by reason of this policy. All notices required to be given The Fund and any statement in writing 14 Arbitration required to be furnished The Fund shall include the number of this Unless prohibited by applicable law,arbitration pursuant to the Title Insur- policy and shall be addressed to The Fund at its principal office at Post ance Arbitration Rules of the American Arbitration Association may be Office Box 628600,Orlando,Florida 32862-8600. • o to O C41 w' ® 1 ..../ C.11 .. ~• 1 ND c 3 0 0 CD i QOQ d _' , Z i = — 4s PW o) p. r. o cp ,��; C, o `'d • ]H e) cA Q S. ® � _. Y y^ y p � A p o OD c (� o� � n Q �,, � C w3 m ti 1 cA .2 d 40 ►- 00 ag CA 4• vi fi FUND OWNER'S POLICY Schedule A Policy No.: OPM 2631820 Fund File Number 01-2005-000725 Effective Date: February 1, 2005 at 11:26 PM Agent's File Reference: City of MB/97052.12 Amount of Insurance: $1,080,000.00 1. Name of Insured: City of Miami Beach, a Florida municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple and is at the effective date hereof vested in the named insured as shown by instrument recorded in O.R. Book 23045, Page 641, of the Public Records of Miami-Dade County, Florida. 3. The land referred to in this policy is described as follows: Lot 10,Block 13, Amended Plat of Block Thirteen of the Alton Beach Realty Company, according to the plat thereof, as recorded in Plat Book 9, Page 146, Public Records of Miami-Dade County, Florida. AGENT NO.: 2331801 MAILING ADDRESS: ISSUED BY: Bloom&Minsker, P.L. 1110 Brickell Ave. 7th FLR Miami, Fl 33131-3107 \'‘ AGENTS SIGNATURE : Minsker, P.L Rev.1.0 Page l ® FUND OWNER'S POLICY Schedule B Policy No.: OPM 2631820 Fund File Number 01-2005-000725 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor,or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. Items 2-5 are hereby deleted. 7. Restrictions, conditions,reservations, easements, and other matters contained on the Plat of Amended Plat of Block Thirteen of the Alton Beach Realty Company, as recorded in Plat Book 9, Page 143, Public Records of Miami-Dade County, Florida. 8. Subject to rights of tenants under unrecorded leases, if any. /it • Page 2 of 2 • FLORIDA ENDORSEMENT FORM 9.2 (RESTRICTIONS,EASEMENTS,MINERALS) (OWNER'S POLICY:IMPROVED LAND) Attorneys' Title Insurance Fund, Inc. ORLANDO,FLORIDA Endorsement No. 1 to Owner Policy No. OPM 2631820 The Fund 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 reentry, 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 and restrictions relating to environmental protection recorded or filed in the public records. 2. Damage to existing buildings: (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. 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. • 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 restrictions relating to environmental protection. This endorsement is made a part of the policy and is subject to all of 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. Bloom&Minsker P.L. February 1,2005 2331801 Attorneys' Title Insurance Fund,Inc. N' By Charles J. Kovaleski •gent's Signa re President Page 1 of 1 �J BLOOM JOEL N. MINSKER, P.A. DIRECT FACSIMILE: (305)908-3445 N4iIJSI(EIR. PLe E-MAIL: jminsker @miamilaw.net KENNETH M. BLOOM A T T O R N E Y S A T LAW BOARD CERTIFIED IN TAXATION 11 10 BRICKELL AVENUE DIRECT FACSIMILE: (305)908-3450 SEVENTH FLOOR E-MAIL: kbloom @rniamilaw.net MIAMI,FLORIDA 33131-3107 TELEPHONE:(305)371-6800 FACSIMILE:SEE SPECIFIC ATTORNEY E-MAIL: info @miamilaw.net April 21, 2005 Dear Title Insurance Customer: As you may be aware, this firm serves as an agent for Attorney's Title Insurance Fund, Inc. (the "Underwriter"). You are involved in a transaction in which this firm, as agents for the Underwriter, will be issuing a title insurance policy. In accordance with the Federal Gramm-Leach-Bliley Act, the Underwriter and its agents are required to provide you a disclosure of their privacy policy. Attached please find the required privacy policy disclosure for the Underwriter which has been adopted by this firm and also serves as our privacy policy. We thank you for the opportunity to be of service to you. F:\Forms\RealEstate\Title Insurance\Private Policy Disclosure ltr.doc . • The Fund Attorneys' Title Insurance Fund, Inc. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys' Title Insurance Fund, Inc. 1. INFORMATION WE COLLECT: We may collect nonpublic personal information about you from thefollowing sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files,or from our affiliates or others. • Information we may receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. 2. INFORMATION WE DISCLOSE TO THIRD PARTIES AS PERMITTED BY LAW: • We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. 3. OUR PRACTICES REGARDING INFORMATION CONFIDENTIALITY AND SECURITY: We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.