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AMERICAN LAND TITLE ASSOCIATION COMMITMENT - 1966
10 0198 10 003910
CHICAGO
TITLE
INSURANCE
COMPANY
COMMITMENT FOR TITLE INSURANCE
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CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability
and obligations hereunder shall cease and terminate six months after the effective date hereof or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy
or policies is not the fault of the Company,
IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed
and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid
when countersigned by an authorized signatory.
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CHICAGO TITLE INSURANCE COMPANY
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Issued by:
BROAD AND CASSEL
Court House Center - #2000
175 N. W. First Avenue
Miami, Florida 33128
(305) 371-9100
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President. /
ATTEST:
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J\ut rized Signatory
Murray D. Shear, P .A.
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Copyright 1966 American Land Title ANoclatlon
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SCHEDULE A
Lo." Amount
Office FiJe NtMnber
Commitment Number
2
4
12937-0004/15
$ 0
10-0198- 1 0-00391 0
~n 14, 1::194
at 2:30 p.m.
Owner', Amount
$3,117,544.00
1, Policy or Policies to be issued:
AL T A LOAN POLICY.
Proposed Insured:
ALTA OWNER'S POLICY, Form B.
Proposed Insured:
CITY OF MIAMI BEACH, a Florida municipal corporation
2, The estate or interest in the land described or referred to in this Commitment and covered herein is a fee
simple. and title thereto is at the effective date hereof vested in:
LEO-JAMES, INC., a Florida corporation, as to Lot 1; THE BALLET VALET CORP., a
Florida corporation, as to Lots 2,3,4, and 5; THE BALLET VALET PARKING CO.. Ltd..
a Florida limited partnership, as to Lot 6
3. The Land is described as follows:
See Exhibit "A" attached hereto.
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section 2. This Commitment is
of no force and effect unless all schedules are included, along with any Ridar pagas incorporatlld by reference in the insert pages,
CHICAGO TITLE INSURANCE COMPANY (COMMITMENT - SCHEDULE AI
Reorder Form No. 1895 (Rev.3/891
R:\RE\ 1 2937\0004\ISES03,08A
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10-0198-10-003910
Commitment Number:
Page .L
I. The following are the requirements to be complied with:
1 , Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record.
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(a) Warranty Deed from (i) lEO-JAMES, INC., a Aorida corporation, as to lot 1; Iii) THE
BAllET VALET CORP., a Florida corporation, as to lots 2, 3, 4, and 5; (iii) THE
BAllET VALET PARKING CO., ltd., a Aorida limited partnership, as to lot 6to THE
CITY OF MIAMI BEACH, conveying property described in Schedule" A" ,
(b) Satisfactory proof in the form of an opinion from the City Attorney that all provisions
of the City Charter in connection with the acquisition of real property have been
complied with.
(c)
The Company will require a Certificate of Good Standing for Leo-James, Inc., from a
date prior to June 5, 1968 to the present, together with a Corporate Resolution, signed
by the Secretary of the corporation under seal, authorizing the transfer of the property
from the Leo-James, Inc., to the Proposed Owner Insured; together with an
Incumbency Certificate setting forth the corporate officers existing at the present time.
(d)
Certificate of Good Standing for the Ballet Valet Corp. from the State of Florida from
a date prior to July 1, 1989 to the present; together with a Corporate Resolution,
signed by the Secretary of the corporation under seal, authorizing the transfer of the
property from The Ballet Valet Corp. to the Proposed Owner Insured.
(e)
The Company will require a Certificate of Authority to Transact Business in the State
of Florida for The Ballet Valet Parking Co., ltd., a Florida limited partnership, from a
date prior to June 22, 1993 to the present. In addition, the Company must be supplied
with a copy of the Limited Partnership Certificate for The Ballet Valet Parking Co., Ltd.
and all Amendments thereto and reserves the right to make any additional requirements
and/or exceptions it deems necessary upon review of said documents.
(f)
The Company has been made aware of the fact that only a portion of the lots
contained in Schedule A hereof are being transferred to the city. In addition, the
Company has been made aware that there will be building by the city on the property
acquired by the city as well as over the portion of the land being retained by the
present titleholders. The Company has been informed that the ultimate legal
description will contain easement rights for support as well as air rights over and above
the land remaining in the possession of the present titleholders. The Company must
be supplied with adequate documentation as to the location of the land actually being
transferred to the city as well as the land which will be subject to the air rights and
subject to the easement for support. Once these documents have been supplied to the
Company the Company reserves the right to amend the legal description contained in
Schedule A hereof and to make any other additional requirements it deems necessary
in connection with said easements for support and air rights.
Payment of the full consideration to, or for the account of, the grantors or mortgagors.
Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and
payable.
Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed;
that contractor, subcontractors and material men are all paid.
CHICAGO TITLE INSURANCE COMPANY (COMMITMENT. SCHmULE . . SECTION 11
Roo,dor Form No, 1818 IRev,3/88)
R:IRE11283710004YSES03,088
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Commitment Number:
10-0198-10-003910
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5, Proof of payment of all municipal liens including liens for water, sewer, and gas.
6. Proof of payment of 1993 real property taxes and all years prior thereto.
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7, The following Notices of Violation have been filed by the City of Miami Beach and the Company will require
satisfactions for said Notices of Violation:
(a)
Notice of Violation filed February 6, 1991, in Official Records Book 14887, at Page 2940,
There appears of record the following Mortgages which must be satisfied:
(a) Mortgage Deed from The Ballet Valet Parking Company, Ltd., to Moy Lee, filed June
22, 1993, in Official Records Book 15958, at Page 1338.
(b) Mortgage Deed from The Ballet Valet Parking Company, Ltd., to LBS 59, Inc., filed
June 22, 1993, in Official Records Book 15958, at Page 1343.
(c) Mortgage Deed from Luis Sanchez and Estela Sanchez to Continental National Bank of
Miami, filed December 4, 1986, in Official Records Book 13105, at Page 1065,
together with UCC-l Financing Statement filed December 4, 1986, in Official Records
Book 13105, at Page 1070. (Lot 2)
(d) Mortgage Deed from The Ballet Valet Corp., to Continental National Bank of Miami,
filed July 31, 1989, in Official Records Book 14200, at Page 1128; together with
UCC-l Financing Statement filed July 31, 1 989, in Official Records Book 14200, at
Page 1131, which Mortgage was modified by Mortgage Modification Agreement filed
October 18,1990, in Official Records Book 14747, at Page 253.
(e) Mortgage Deed from The Ballet Valet Corp., to Luis Sanchez and Estela Sanchez, filed
August 3, 1989, in Official Records Book 14205, at Page 929.
(f) Mortgage Deed from The Ballet Valet Corp., to Pablo Orozco, Alicia Morejon and
Mireya Caso, filed August 10, 1989, in Official Records Book 14213, at Page 1005.
(Lots 3, 4, and 5) Said Mortgage having been assigned through mesne assignments
to The Estate of Joseph P. Shelley, Sr., by instrument filed March 9, 1993, in Official
Records Book 1 5838, at Page 1477.
(g) Mortgage Deed from Serafin Ramos to Gordon Realty Company filed September 23,
1985, in Official Records Book 12646, at Page 427. (Lot 5)
(h) Mortgage Deed from The Ballet Valet Corp. to ASBEKA Industries of Ohio, Inc.,
Pension Trust filed August 10, 1989, in Official Records Book 14213, at Page 1022.
9~ There appears of record a UCC-l Financing Statement wherein Barracuda Beach, Inc., is the Debtor and The
\.\~//l3allet Valet Parking Company, Ltd., is the Secured Party, filed May 12, 1993, in Official Records Book 15913,
~ at Page 475. As such, the Company will require a termination of said Financing Statement.
CHICAGO TITLE INSURANCE COMPANY (COMMITMENT. SCHEDULE. . secTION 11
Reorder Form No, ,.S. lRev.3/..)
R:\RE11283710004YSES03,088
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Commitment Number:
1 0-01 98- 10-003910
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10. There appears of record a Declaration of Restrictive Covenants filed October 30, 1991, in Official Records
Book 15327, at Page 2085, of the Public Records of Dade County, Florida (Lots 3, 4 and 5). The Company
will require a termination of this Declaration.
11. The actual value of the estate or interest to be insured must be disclosed to the Company, and subject to
approval by the Company, entered as the amount of the policy to be issued. This Commitment is not effective
until the amount of insurance is entered as the amount of the policy to be issued. Until the amount of the
policy to be issued is determined, and entered as aforesaid, it is agreed that as between the Company, the
applicant for this commitment, and every person relying on this commitment, the Company cannot be required
to approve any such evaluation in excess of $ 1 00,000.00 and the total liability of the Company on account
of this commitment shall not exceed said amount.
CIICAOO TITLE INSURANCE COMPANY (C_TMENT. SCHEDULE. . alCTION "
Reo,der Form No, '888 IR.. ,3/881
R:IRE\ 121137\0004YSES03,088
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Commitment Number:
10-0198-10-003910
Page ..Q..
II. Schedule B of the policy or policies to be issued will contain exceptions to the fOllowing maners unless
the same are disposed of to the satisfaction of the Company.
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,. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or anaching subsequent to the effective date hereof but priono the date
the proposed Insured acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
2. Standard Exceptions:
(a)
Rights or claims of parties in possession not shown by the public records.
(b)
Easements, or claims of easements, not shown by the public records,
(c)
Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by any accurate survey and inspection of the premises.
(d)
Any lien, or right to a lien, for service, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
(e)
Taxes or special assessments which are not shown as existing liens by the public
records.
(f)
Any claim that any portion of said lands are sovereignty lands of the State of Florida,
including submerged, filled or artificially exposed lands and lands accreted to such
lands.
Taxes and assessments for the year 1994 which are not due and payable and
subsequent years.
3,
Standard Exceptions (b) and (c) may be removed from the policy when a satisfactory survey and
surveyor's report and inspection of the premises is made.
4.
Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit-indemnity from
the party shown in title and in possession stating who is in possession of the lands and whether there
are improvements being made at date of commitment or contemplated to commence prior to the date
of closing which will not have been paid for in full prior to the closing.
5.
Order from the City of Miami Beach Building and Zoning Department filed April 13, 1989, in Official
ecords Book 14068, at Page 2954, of the Public Records of Dade County, Florida. (Lot 6)
Restrictions, limitations and easements contained in the Plat of OCEAN BEACH FIRST ADDITION,
according to the Plat thereof, recorded in Plat Book 3, at Page ", of the Public Records of Dade
County, Florida. (As to all Lots)
The title search shall be updated immediately prior to closing, and the right is reserved to impose
additional requirements, and add additional exceptions, based on the search,
Note: On lo.n poloe..., ,unio, and lubo,dinate m.n..., if any, will not be r.flected in Sched.... B.
R:\RE\ 12837\0004 YSES03 ,08C
EXHIBIT "An
Legal Description
as to Lot 1
Commitment Number: 10-01 98-10-003910
Page 6
PARCEL 1:
The Westerly 62.50 feet of Lot 1, Block 34, Ocean Beach, Fla., Addition No.1, recorded in Plat Book 3, at Page 11
of the Public Records of Dade County, Florida.
PARCEL 2:
Air rights contiguous and appurtenant to the easterly 13.16 feet of the aforesaid Lot 1. The vertical lower boundary
of the Air Rights shall be at an elevation of 40.00 feet National Geodetic Vertical Datum (N.G. V.D.l, 1929, The
vertical upper boundary shall be at an elevation of infinity.
PARCEL 3:
The Air Rights for the following described parcel of land: Lot 1, less the Westerly 62.50 feet and less the Easterly
13.16 feet, Block 34, Ocean Beach, Florida, Addition No.1, recorded in Plat Book 3, at Page 11 of the Public Records
of Dade County, Florida.
The Lowest Vertical boundary of the above described Air Rights shall be at an elevation of 23 feet, National Geodetic
Vertical Datum (N.G.V.D,), 1929, The upper boundary of said Air Rights is an elevation of infinity. Base of Air Rights
contains 3217 square feet.
EXHIBIT" A"
Commitment
R: \RE\ 12937\0004 \MDSKJG07 .26B
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EXHIBIT" A n Continued
Legal Description
as to Lots 2 - 5
Commitment Number: 10-01 98-1 0-00391 0
Page 7
PARCEL I:
That Part of Lots 2 through 5 inclusive, Block 34, Ocean Beach, Fla., Addition No.1, recorded in Plat Book 3, at Page
11 of the Public Records of Dade County, Florida. Part of Lots 2 through 5: Bounded on the West by the Westerly
line of said Lots 2 through 5, bound on the North by the Northerly line of Lot 2; bounded on the South of the Southerly
line of Lot 5; bounded on the East by a line described as follows: Commence (P.O.C.) at the southwest corner of said
Lot 5 and run S 790 12'25" E along the Southerly line of Lot 5, a distance of 45.16 feet to the Point of Beginning of
the referenced Easterly line, thence run N 100 47'35" E along a line parallel with and 45,16 feet Easterly of the
Westerly line of Lots 5 through 3 inclusive, a distance of 150.00 feet; thence run N 290 55'12" E across Lot 2, a
distance of 52,92 feet to the Northerly line of Lot 5, said point being 62.50 feet Easterly of the northwest corner of
Lot 5. Area described contains 9465.5 Square Feet.
PARCEL II:
Air Rights for a part of Lots 2 through 5 inclusive, Block 34, Ocean Beach, Fla., Addition No, 1, recorded in Plat Book
3, at Page 11 of the Public Records of Dade County, Florida; said part bounded as follows: Bounded on the East by
a line 13.16 feet Westerly of the Easterly line of said Lots 2 through 5 inclusive, bounded on the North by the
Northerly line of Lot 2; bounded on the South by the Southerly line of Lot 5; bounded on the West by a line described
as follows: Commence (P.O.C,) at the Southwesterly corner of Lot 5 and run S 79012'25" E along the Southerly line
of Lot 5, a distance of 45,16 feet; to the Point of Beginning (P.O,B,) of said line; thence run N 10047'35" E along a
line 45,16 feet Easterly of the Westerly line of Lots 5 through 3, a distance of 150.00 feet to the Northerly line of
referenced Lot 3; thence run N 29055'12" E across Lot 2, a distance of 52.92 feet to the Northerly line of said Lot
2, said point being 62.50 feet from the Northwest corner of Lot 2. Area of the base of Air Rights is 15,902.50 Square
Feet,
The Lowest Vertical Boundary of the above described Air Rights is at an elevation of 23,00 feet, National Geodetic
Vertical Datum (N.G. V.D.), 1929, The upper boundary of the said Air Rights is an elevation of infinity,
PARCEL III:
Air Rights for the Easterly 13.16 feet of Lots 2 through 5 inclusive, Block 34, Ocean Beach, Fla" Addition No, 1,
recorded in Plat Book 3, at Page 11 of the Public records of Dade County, Florida.
The Lowest Vertical Boundary of the above described Air Rights is at an elevation of 40.00 feet, National Geodetic
Vertical Datum (N.G.V.D,), 1929. The upper boundary of the said Air Rights is an elevation of infinity.
Area of the Base of the Air Rights is 2632 Square Feet.
EXHmIT "A"
Commitment
R: \RE\ 12937\0004 \MDSKJG07. 26B
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EXHIBIT n A n Continued
Legal Description
as to Lot 6
Commitment Number: 10-01 98-1 0-00391 0
Page 8
PARCEL I:
The Westerly 45.16 feet of Lot 6, Block 34, Ocean Beach, Fla. Addition No.1, recorded in Plat Book 3, at Page 11
of the Public Records of Dade County, Florida contains 2108 Square Feet.
PARCell!:
Air Rights for the Easterly 13,16 feet of Lot 6, Block 34, Ocean Beach, Fla., Addition No, 1, recorded in Plat Book 3,
at Page 11 of the Public records of Dade County, Florida.
The Lowest Vertical Boundary of the above described Air Rights is at an elevation of 40.00 feet, National Geodetic
Vertical Datum IN.G.V.D.1, 1929. The upper boundary of the said Air Rights is an elevation of infinity. Area of the
Base of the Air Rights is 658 Square Feet.
PARCel III:
Air Rights for that part of Lot 6 described as Lot 6, less the Easterly 13,16 feet and less the Westerly 45,16 feet,
Block 34, Ocean Beach, Fla" Addition No.1, recorded in Plat Book 3, at Page 11 of the Public records of Dade
County, Florida,
The Lowest Vertical Boundary of the above described Air Rights is at an elevation of 23.00 feet, National Geodetic
Vertical Datum IN.G.V.D.1, 1929. The upper boundary of the said Air Rights is an elevation of infinity. Area of the
Base of the Air Rights is 4084 Square Feet.
EXHIBIT "A"
Commitment
R: \RE\ 12937\0004\MDSKJG07 .26B
STANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy wiII be subject to the mortgage, if any, noted under item one of Section 1 of Schedule 8 hereof
and to the following exceptions: (1) rights or claims of parties in possession not shown by the public records; (2)
encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey
and inspection of the premises; (3) easements, or claims of easements, not shown by the public records; (4) 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; (5) taxes or special assessments which are not shown as existing liens by the public
records.
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown
in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall
be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 8 of this Commit-
ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant
to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shaH be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shaH such liability exceed the amount stated in ~hedule A for the
policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from
Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except
as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
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