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Correspondence CITY OF MIAMI BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Robert Parcher City Clerk FROM: Raul J. Aguila First Assistant City Attorney SUBJECT: 1) Miami Beach Redevelopment Agency - Purchase from The Courts of South Beach, Ltd. and 2) City of Miami Beach - Purchase from Gloria Miller Rosenthal, Trustee - Owner's Title Insurance Policies DATE: June 14, 2005 Bob: Enclosed herewith are closing documents relative to the above-referenced two Purchases. FUND OWNER'S POLICY Schedule A Policy No.: OPM2631819 Effective Date: December 28, 2004 at 1 :59 PM Fund File Number 01-2004-028988 Agent's File Reference: MBRN97020.04 Amount of Insurance: $275,000.00 1. Name of Insured: Miami Beach Redevelopment Agency, a public body corporate and politic 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 22946, Page 4325, of the Public Records of Miami-Dade County, Florida. 3. The land referred to in this policy is described as follows: Unit No. CU-2 of The Courts at South Beach, a Condominium, according to The Declaration of Condominium recorded in O. R. Book 17174, Page 3190, and all exhibits and amendments thereof, Public Records of Miami-Dade County, Florida. AGENT NO.: 2331801 ISSUED BY: Bloom & Minsker, P.L. MAILING ADDRESS: 1110 Brickell Ave. 7th FLR Miami, F133131-3107 AGENT'S SIGNATURE Rev. 1.0 FUND OWNER'S POLICY Schedule B Policy No.: OPM 2631819 Fund File Number 01-2004-028988 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 and 5 are hereby deleted. 7. Terms, provisions, covenants, liens, conditions and options contained and rights and easements established by the Declaration of Condominium of The Courts at South Beach, and all exhibits attached thereto and recorded April 22, 1996, in O.R. Book 17174, Page 3191, as amended in O.R. Book 17221, Page 3442; O.R. Book 17787, Page 515; O.R. Book 18267, Page 1978; O.R. Book 18912, Page 3970; O.R. Book 19441, Page 4094, O.R. Book 19669, Page 1826; O.R. Book 20332, Page 4367 and O.R. Book 20576, Page 1462 . Such Declaration and/or Amendment(s) establishes and provides for easements, liens, charges, assessments, an option to purchase, a right of first refusal, and the prior approval of a future purchaser or occupant. 8. Perimeter Easement Agreement recorded in O.R. Book 16444, Page 3948, Public Records of Miami-Dade County, Florida. 9. Easement and maintenance agreement recorded in O.R. Book 16201, Page 3917, Public Records of Miami-Dade County, Florida. 10. Easement in favor of Florida Power and Light Company, contained in instrument recorded December 19, 1995, in O.R. Book 17032, Page 3930, Public Records of Miami-Dade County, Florida. 11. Easement in favor of Bellsouth Telecommunications Inc, contained in instrument recorded March 31, 1995, in O.R. Book 16732, Page 1800, Public Records of Miami-Dade County, Florida. 12. Memorandum of contract and development agreement recorded in O.R. Book 14353, Page 1883, Public Records of Miami-Dade County, Florida. ~ Page 2 of3 FUND OWNER'S POLICY Schedule B Policy No.: OPM 2631819 Fund File Number 01-2004-028988 13. Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Ocean Beach Addition No.3, as recorded in Plat Book 2, Page(s) 81, Public Records of Miami- Dade County, Florida. 14. Easement recorded in O.R. Book 7668, Page 934, Public Records of Miami-Dade County, Florida. 15. Subject to all assessments levied by the CondominiumlHomeowner Association. 16. Subject to rights of tenants under unrecorded leases, if any. 17. This policy does not insure personal property and furniture, furnishings, fixtures and equipment, whether attached or unattached, to the property described in Schedule II A" herein. 18. Those portions of the property described in Schedule "A" herein being artificially filled in land in what was formerly navigable waters, this policy or commitment is subject to the right of the United States Government and/or of the State of Florida arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce and the inalienable right of the State of Florida in the lands and/or waters of such character. 19. This policy does not insure riparian and littoral rights, filled-in-Iand, tidelands, lands comprising the shores and lands beyond the harbor or bulkhead lines as established by governmental authority. 20. Any and all matters arising out of the dispute with The Courts at South Beach Condominium Association regarding the outstanding balance of $125.00 for Maintenance Account Number OYOOOO-CU02-01. ~ Page 3 of3 FLORIDA ENDORSEMENT FORM 9.2 (RESTRICTIONS, EASEMENTS, MINERALS) (OWNER'S POLICY: IMPROVED LAND) Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA Endorsement No. I to Owner Policy No. OPM 2631819 The Fund insures the insured against loss or damage sustained by reason of: I. 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 eXlstmg 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 ofthe 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 I(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. December 28,2004 2331801 ~M~ ~gent's Signa e -.......... By Attorneys' Title Insurance Fund, Inc. Charles J. Kovaleski President Page 1 ofl BLOOM & MINSKER,EL. ..JOEL N. MINSKER, P.A. DIRECT FACSIMILE: (305) 908-3445 E-MAIL: jmlnsker@miamllaw.net 1110 BRICKELL AVENUE SEVENTH FLOOR MIAMI, FLORIDA33131-3107 TELEPHONE: (305) 371-6800 FACSIMILE: SEE SPECIFIC ATTORNEY E-MAIL: Info@mlamilaw.net KEN NETH M. I!LOOM BOARD CERTII'IED IN TAXATION DIRECT FACSIMilE: (305) 908-3450 E-MAIL: kbloom@mlamllaw.net ATTORNEYS AT LAW 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\ReaIEstate\Title Insurance\Private Policy Disclosure Itr .doc II Attorneys' Title Insurance Fund, Inc. Privacy Policy Notice PURPOSE OF TillS 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 the'following 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 PERMlTTED 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.