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FORMERLY AMERICAN LAND TITLE ASSOCIATION
OWNER'S POliCY FORM B-1970
(Rev. 10-17-70 and 10-17-84)
10 0198 04 000423
CHICAGO TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE B
AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSUR-
ANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs,
attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by
the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2, Any defect in or lien or encumbrance on such title;
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3, Lack of a right of access to and from the land; or
4, Unmarketability of such title,
In Witness Whereof. CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized
signatory,
Issued by:
BROAD AND CASSEL
Court House Center - #2000
175 N.W. First Avenue
Miami, Florida 33128
(305) 371-9100
CHICAGO TITLE INSURANCE COMPANY
By:
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IMPORTANT
This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real
estate described herein may be insured against defects, liens or encumbrances, this policy should be reissued
in the name of such purchaser.
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting
or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or
location of any improvement now or hereafter erected on the land, or prohibiting 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.
(d) The effect of any violation of the maUers excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded In order to impart con-
structive notice to purchasers of the land for value and without knowledge; provided, however, that without limitation,
such records shall not be construed to Include records In any of the offices of federal, state or local environmental
protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears In the public records at Date of Policy.
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 Company and not shown by the public records but known to the insured claimant either at
Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy and not disclosed In writing
by the Insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder; (c) resulting
in no loss or damage to the insured claimant; or (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.
SCHEDULE A
OFFICE FILE NUMBER
POLICY NUMBER
DATE OF POLICY
AMOUNT OF INSURANCE
1 2 3 4
12937-0004 10019804000423 June 8, 1994 $ 3,117,544,00
et 4:30 p.m.
1 , Name of Insured:
City of Miami Beach, a Florida municipal corporation
2, The estate or interest in the land which is covered by this Policy is:
Fee Simple
3, Title to the estate or interest in the land is vested in the Insured.
4, The land herein described is encumbered by the following mortgage or trust deed, and assignments:
None
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
5, The land referred to in this Policy is described as follows:
See Exhibit "A" attached hereto.
SCHEDULE A
Owners Form
Reorder Form No. 3529 (Rev. 1/89)
This Policy valid only if Schedule B is attached.
R:\RE\ 12937\0004\MDSKJG07 ,25A
SCHEDULE B
Policy Number: 10 0198 04 000423
This policy does not insure against loss or damage (aREI tt:te C9fRpaRY 'NiII R9t pay 696t6, atterne'/6' fees or expeAses)
which arise by reason of:
General Exceptions: None
Special Exceptions: The mortgage, if any, referred to in item 4 of Schedule A., if this schedule is attached to an
Owner's Policy.
(1) Any claim that any portion of said lands are sovereignty lands of the State of Florida, including submerged,
filled in or artificially exposed lands and lands accreted to such lands.
(2) Taxes and assessments for the year 1994 and subsequent years.
(3) 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 11, of the Public Records of Dade County, Florida.
(4) Acknowledgement and Agreement executed by James Resnick as Vice President of Leo-James, Inc. recorded
June 8, 1994 in Official Records Book 16396 at Page 801, Public Records of Dade County, Florida.
(5) Agreement to Grant Easements executed by the City of Miami Beach and Ballet Valet Parking Company, Ltd,
recorded June 8, 1994 in Official Records Book 16396 at Page 807, Public Records of Dade County, Florida,
The telephone number to present inquiries or obtain information about coverage and to provide
assistance in resolving complaints is 1-800-959-5591.
BROAD AND CASSEL
175N.W.1stAvenue,St.2000
Miami, Florida 33128
Murray D. Shear, P.A.
Note: If this schedule is attached to a Loan Policy, junior and subordinate matters, if
any, are not reflected herein.
Note: This Policy consists of insert pages labeled Schedules A and B. This Policy is of
no force and effect unless both pages are included along with any added pages
incorporated by reference.
SCHEDULE B
Loan or Owners
Reorder Form No. 1896 (Rev. 3/89)
R:\RE\ 12937\0004\MDSKJG07 ,258
EXHIBIT "A"
Legal Description
as to Lot 1
Policy Number: 1 0 0198 04 000423
Page 3
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,), 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.
EXHmIT "A"
Loan or Owners
Reorder Form No. 1896 (Rev. 3/89)
R: \RE\ 12937\0004 \MDSKlG07 .26A
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EXHIBIT n A" Continued
Legal Description
as to Lots 2 - 5
Policy Number: 1 0 0198 04 000423
Page 4
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":
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 1 3,1 6 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.1, 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 1 1 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.1, 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"
Loan or Owners
Reorder Form No. 1896 (Rev. 3/89)
R: \RE\ 12937\0004 \MDSKJG07 .26A
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EXHIBIT "A" Continued'
Legal Description
as to Lot 6
Policy Number: 1 0 0198 04 000423
Page 5
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.), 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.), 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.
EXHmIT "A"
Loan or Owners
Reorder Form No. 1896 (Rev. 3/89)
R: \RE\ 12937\OOO4\MDSKJG07 .26A
CONDITIONS AND STIPULATIONS
,. DEFINI:rION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company may have had against the named insured, those
who succeed to the interest of such insured by operation of law as distin-
guished from purchase including, but not limited to, heirs, distributees, devi-
sees, survivors, personal representatives, next of kin, or corporate or fiduciary
successors,
(b) "insured claimant": an insured claiming loss or damage hereunder,
(c) "knowledge": actual knowledge, not constructive knowledge or notice
which may be imputed to an insured by reason of any pub~ic records,
(d) "land": the land described, specifically or by reference in Schedule A,
and improvements affixed thereto which by law constitute real property; pro-
vided, however, the term "land" does not include any property beyond the
lines of the area specifically described or referred to in Schedule A, nor any
right, title, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is insured by this policy,
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(I) "public records": those records which by law impart constructive notice
of matters relating to said land,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured so long as such insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured shall have
liability by reason of covenants of warranty made by such insured in any
transfer or conveyance of such estate or interest; provided, however, this
policy shall not continue in force in favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured by a purchase
money mortgage given to such insured,
3. DEFENSE AND PROSECUTION OF ACTIONS-NOTICE OF CLAIM TO
BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall provide for
the defense of an insured in all litigation consisting of actions or proceedings
commenced against such insured, or a defense interposed against an insured
in an action to enforce a contract for a sale of the estate or interest in said land,
to the extent that such litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this policy,
(b) The insured shall notify the Company promptly in writing (i) in case any
action or proceeding is begun or defense is interposed as set forth in (a)
above, (ii) in case knowledge shall come to an insured hereunder of any claim
of title or interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which the Company may
be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured,
is rejected as unmarketable, If such prompt notice shall not be given to the
Company, then as to such insured all liability of the Company shall cease and
terminate in regard to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in no case prejudice the
rights of any such insured under this policy unless the Company shall be
prejudiced by such failure and then only to the extent of such prejudice,
(c) The Company shall have the right at its own cost to institute and without
undue delay prosecute any action or proceeding or to do any other act which
in its opinion may be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable thereunder, and
shall not thereby concede liability or waive any provision of this policy,
(d) Whenever the Company shall have brought any action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any such litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole discretion, to appeal
from any adverse judgment or order,
(e) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, the insured
hereunder shall secure to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for such purpose,
Whenever requested by the Company, such insured shall give the Company
all reasonable aid in any such action or proceeding, in effecting settlement.
securing evidence, obtaining witnesses, or prosecuting or defending such
action or proceeding, and the Company shall reimburse such insured for any
expense so incurred,
4. NOTICE OF LOSS-LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b) of these Conditions
and Stipulations, a statement in writing of any loss or damage for which it is
claimed the Company is liable under this policy shall be furnished to the
Company within 90 days after such loss or damage shall have been deter-
mined and no right of action shall accrue to an insured claimant until 30 days
after such statement shall have been furnished, Failure to furnish such state-
ment of loss or damage shall terminate any liability of the Company under this
policy as to such loss or damage,
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise settle for or in the
name of an insured claimant any claim insured against or to terminate all
liability and obligations of the Company hereunder by paying or tendering
payment of the amount of insurance under this policy together with any costs,
attorneys' fees and expenses incurred up to the time of such payment or
tender of payment, by the insured claimant and authorized by the Company,
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no case exceed
the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A,
(b) The Company will pay, in addition to any loss insured against by this
policy, all costs imposed upon an insured in litigation carried on by the Com-
pany for such insured, and all costs, attorneys' fees and expenses in litigation
carried on by such insured with the written authorization of the Company,
(c) When liability has been definitely fixed in accordance with the condi-
tions of this policy, the loss or damage shall be payable within 30 days
thereafter,
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the Company,
after having received notice of an alleged defect, lien or encumbrance insured
against hereunder, by litigation or otherwise, removes such defect, lien or
encumbrance or establishes the title, as insured, within a reasonable time
after receipt of such notice; (b) in the event of litigation until there has been a
final determination by a court of competent jurisdiction, and disposition of all
appeals therefrom, adverse to the title, as insured, as provided in paragraph 3
hereof; or (c) for liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Company,
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto, No
payment shall be made without producing this policy for endorsement of such
payment unless the policy be lost or destroyed, in which case proof of such
loss or destruction shall be furnished to the satisfaction of the Company,
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring either (a) a mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on the estate or
interest described or referred to in Schedule A. and the amount so paid shall
be deemed a payment under this policy, The Company shall have the option to
apply to the payment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the estate or interest covered by
this policy and the amount so paid shall be deemed a payment under this
policy to said insured owner,
CONDITIONS AND STIPULATIONS (Continued on Reverse Side)
CONDITIONS AND STIPULATIONS (Continued)
10, APPORTIONMENT
If the land described in Schedule A consists of two or more parcels which
are not used as a single site. and a loss is established affecting one or more of
said parcels but not all. the loss shall be computed and settled on a pro rata
basis as if the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each such parcel by the Com-
pany and the insured at the time of the issuance of this pQlicy and shown by an
express statement herein or by an endorsement attached hereto,
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled a claim under this policy. all right
of subrogation shall vest in the Company unaffected by any act of the insured
claimant. The Company shall be subrogated to and be entitled to all rights and
remedies which such insured claimant would have had against any person or
property in respect to such claim had this policy not been issued, and if
requested by the Company. such insured claimant shall transfer to the Com-
pany all rights and remedies against any person or property necessary in
order to perfect such right of subrogation and shall permit the Company to use
the name of such insured claimant in any transaction or litigation involving
such rights or remedies, If the payment does not cover the loss of such insured
claimant. the Company shall be subrogated to such rights and remedies in the
proportion which said payment bears to the amount of said loss, If loss should
result from any act of such insured claimant. such act shall not void this policy,
but the Company. in that event. shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation,
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements, and other instruments, if
any. attached hereto by the Company is the entire policy and contract between
the insured and the Company,
Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered
hereby or any action asserting such claim, shall be restricted to the provisions
and conditions and stipulations of this policy,
No amendment of or endorsement to this policy can be made except by
writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary. or validating officer or
authorized signatory of the Company,
13. NOTICES. WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at the issuing office or to:
Chicago Title Insurance Company
Claims Department
111 West Washington Street
Chicago, illinois 60602
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