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HomeMy Public PortalAbout599 Harbor Drive.pdf>(WEISS SEROTA HELFMAN COLE + BIERMAN Millie Ramos-Pombo, Senior Real Estate Paralegal mpombo®a wsh-law.com September 22, 2020 Benjamin L. Nussbaum, CPA, CGMA, CPPT Finance Director Village of Key Biscayne 88 West McIntyre Street, Suite 230 Key Biscayne, Florida 33149 RE: Village of Key Biscayne, a Florida municipal corporation purchase from Kenneth A. Coto and Katrina E. Coto, his wife Closing Date: November 27, 2019 Dear Mr. Nussbaum: Enclosed herewith please find the following original documents, in connection with the above captioned transaction: 1. Recorded Warranty Deed; 2. Recorded Certification with Ordinance No. 2019-011; 3. Bill of Sale: and, 4. Owner's Title Insurance Policy Number: OF6-8794783 issued by Old Republic National Title Insurance Company. Should you have any questions r office. /mrp Enclosures Millie Ramos-Pombo Senior Real Estate Paralegal ng the foregoing, o not hesitate to contact our 111111111111111111111111111111111111111111111 Prepared by: Michael A. Gonzalez, Esq. Perez -Mena & Gonzalez, LLC 6267 Bird Road Miami, FL 33155 Return to: Weiss, Serota, Helfman, Cole & Bierman, P.L 2525 Ponce De Leon, Suite 700 Coral Gables, Fl 33134 Tax ID no.: 24-5205-001-3520 a/k/a: 599 Harbor Drive, Key Biscayne, FL 33149 �) ,4 J 7% (%%c% [Space Above This Line For Recording Data] Warranty Deed C-Fh4 20_019R075131 3 OR BY, 31711 Ns 3766-3767 (2P9s) RECORDED 12/03/201? 14:22:27 DEED DOC TAX t•i 1. 100.00 HARVEY RUIVIFI, CLERK OF CQUR I 11IAMI-o(0E COUNTY I Ft. QRIDA This Warranty Deed made this 0 day of November, 2019 between, Kenneth A. Coto and Katrina E. Gonzalez, husband and wife, whose post office address is 605 Warren Lane, Key Biscayne, FL 33149 (GRANTOR), and Village of Key Biscayne, a Florida Municipal Corporation, whose post office address is 88 West McIntyre Street, Key Biscayne, FL 33149 (GRANTEE): (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 9, Block 20, Biscayne Key Estates, according to the map or plat thereof as recorded in Plat Book 50, pages 61, of the Public Records of Miami -Dade County, Florida. a/k/a: 599 Harbor Drive, Key Biscayne, FL 33149 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, except taxes accruing subsequent to December 31, 2019. [SIGNATURE AND NOTARIAL ACKNOWLEDGMENT ON THE FOLLOWING PAGE] OR BK 31711 PG 3767 LAST PAGE In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: WiNL, itness Name: TX flG TOrrcd £Qlrn Co hi rn Witness e: 16- k(J� Lr'L fitness Name: Tn4 I -omit SOU t5 COfr;m Witne9s-Name: AArAlcry V-Cre -� STATE OF FLORIDA COUNTY OF MIAMI-DADE Kenneth A. Coto Katrina E. Go ' alez The foregoing instrument was acknowledged before me this ZS day of November, 2019 by Kenneth A. Coto who is are personally known or [ ] has/have produced a driver's license as identification. [Notary Seal] State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this day of November, 2019 by Katrina E. Gonzalez, j i are personally known or [ ] has/have produced a driver's license as identification. Notary Public Printed Name: ,./o/14E t1/,f-At ,t/O S 0•"' k JORGE IVAN RIOS :.: ,• :._ MY COMMISSION / FF 953292 •.��� ri EXPIRES: January 25, 2020 •"fig :t1S." Bonded Thru Notary Public Underwriters [Notary Seal] Notary Public Printed Name: dootl'E /l/4,1,/ Ai'$ ,,,,, :�, JORGE WAN RIOS ►: ,.. MY COMMISSION l FF 953292 • 1 EXPIRES: January 25, 2020 Bonded Thru Notary Pubic Underwrters 111111111111111111111111111111111111111111111 DOCUMENT COVER PAGE For those documents not providing the required 3 x 3 inch space on the first page, this cover page must be attached. An additional recording fee for this page must be remitted. Document Title: �L' ✓, / (Lk (Mortgage, Deed, Etc.) Return Document To / Prepared By: CFhi 20 9RO-751310 OR SK, 31711 Pss 3756-3761 (6P9s) RECORDED 12/033/2019 14:22:27 HARVEY RUVIN► CLERK. OF COURT MIAMI-DADE COUNT? FLORIDA (Space above this line reserved for recording office use) Rule 2.520 (d) On all ... documents prepared ...which are to be recorded in the public records of any county . . . a 3 - inch by 3 - indispace at the top right-hand comer onthe first page and a 1- inch by 3 - inch space atthe top right-hand comer on each subsequentpageshallbeleftblankandreservedfor use by the clerk of court CLK/CT 155 Rev. 08116 Clerk's web address: www.miami-dadecierk.com VILLAGE OF KEY BISCAYNE Village Council Michael W. Davey, Mayor Allison McCormick, Vice Mayor Luis Lauredo Edward London Brett Moss Katie Petros Ignacio J. Segurola Village Clerk ' Jennifer Medina, CMC STATE OF FLORIDA COUNTY OF MIAMI-DADE Office of the Village Clerk CERTIFICATION I, Jennifer Medina, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do hereby certify that the attached is a true and correct copy of: Ordinance No. 2019-11 adopted by the Village Council on Second Reading on October 15, 2019. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this 19th day of November, 2019. nnifer Medina, C C Village Clerk Village of Key Biscayne, Florida 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914 MISSION STATEMENT:"TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." www.keybiscayne.fl.gov VILLAGE OF KEY BISCAYNE Village Council Michael W. Davey, Mayor Allison McCormick, Vice Mayor Luis Lauredo Edward London Brett Moss Katie Petros Ignacio J. Segurola Village Clerk Jennifer Medina, CMC STATE OF FLORIDA COUNTY OF MIAMI-DADE Office of the Village Clerk CERTIFICATION I, Jennifer Medina, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do hereby certify that the attached is a true and correct copy of: Ordinance No. 2019-11 adopted by the Village Council on Second Reading on October 15, 2019. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this 19th day of November, 2019. nnifer Medina, C C Village Clerk Village of Key Biscayne, Florida 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914 MISSION STATEMENT:"TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." www.keybiscayne.fl.gov ORDINANCE NO. 2019-11 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE PURCHASE OF THE REAL PROPERTIES LOCATED AT 571 AND 599 HARBOR DRIVE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about June 10, 2019, Rodolfo and Joseph Beeck-Ulloa and Steven A. Simon, M.D. (the "Assignor"), entered into that certain As Is Residential Contract (the "571 Harbor Drive Contract") whereby seller agreed to sell the real property located at 571 Harbor Drive, (the "571 Harbor Drive Property") to Assignor, for the purchase price of $2,182,500.00; and WHEREAS, on or about June 10, 2019, Kenneth A. Coto and Katrina E. Gonzalez and the Assignor, entered into that certain As Is Residential Contract (the "599 Harbor Drive Contract") whereby seller agreed to sell the real property located at 599 Harbor Drive, (the "599 Harbor Drive Property") to Assignor, for the purchase price of $1,850,000.00; and WHEREAS, the 599 Harbor Drive Contract was subsequently amended to reduce the purchase price of the 599 Harbor Drive Property to $1,850,000; and WHEREAS, Assignor has agreed to assign the 571 and 599 Harbor Drive Contracts to the Village pursuant to the terms and conditions of the Contracts; and WHEREAS, the Village Council desires to approve the 571 and 599 Harbor Drive Contracts, as amended, and to authorize the Village Manager to take all appropriate action thereunder to consummate the purchase of the 571 and 599 Harbor Drive Properties; and WHEREAS, the Village Council finds that this Ordinance is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. 571 Harbor Drive Contract Approval. The Village Council hereby approves the 571 Harbor Drive Contract and the purchase of the 571 Harbor Drive Property as contemplated thereby. Section 3. 599 Harbor Drive Contract Approval. The Village Council hereby approves the 599 Harbor Drive Contract, as amended, and the purchase of the 599 Harbor Drive Property as contemplated thereby. Section 4. Village Manager Authorized. The Village Manager is hereby authorized to execute any agreements, closing statements, or other documents necessary to consummate the purchase of the 571 and 599 Harbor Drive Properties, subject to the Village Attorney's approval as to form, content and legal sufficiency. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading on the 10`h day of September, 2019. PASSED AND ADOPTED on second reading on the 15th day of October, 2019. r J iNIF$ MEDIIIYA, CMC VILLAGE CLERK . DAVEY, MAYOR J rea l vs •I'!,;>: y r�rj APPROVED AS TO FORM AND LEGALITY: VILLAGE ATTORNEY 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami. Miami -Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE - PURCHASE OF THE REAL PROPERTIES LOCATED AT 571 AND 599 HARBOR DRIVE - OCT. 15, 2019 in the XXXX Court, was published in said newspaper in the issues of 10/04/2019 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo 4 day (S L) GUILLERMO GARCIA personally known to me bscribed b -fore me this TOBER, • .D. 2019 ; aray h BARBARA THOMAS Commission # GG 121171 r..�.,„:Af Expires November 2, 2021 X44°;„; °`' Beaded Thru Troy Fain Insurance 800385.7019 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, October 15, 2019 at 6:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE PURCHASE OF THE REAL PROPERTIES LOCATED AT 571 AND 599 HARBOR DRIVE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act 011990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public hearing. Jennifer Medina, CMC Village Clerk 19-63/0000429573M 10/4 rl *a October 15, 2019 t� Councilmember London made a motion to table the ordinance on second reading to the November 19, 2019 Regular Council Meeting. The motion was seconded by Mayor Davey and ,.i approved by a 6-0 voice vote. The vote was as follows: Councilmembers Luis Lauredo, Edward London, Brett G. Moss, Kathleen Petros, Vice Mayor Allison McCormick and Mayor Michael NW W. Davey voting Yes. 1-10 Md Q. The Clerk announced the continuance of the second reading of this ordinance at the November 19, 2019 Regular Council Meeting. 0]t- reQ The Clerk read the following ordinance on second reading, by title: QJ A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE PURCHASE OF THE REAL PROPERTIES LOCATED AT 571 AND 599 HARBOR DRIVE; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Davey made a motion to adopt this ordinance on second reading. The motion was seconded by Councilmember Lauredo. The Mayor opened the public hearing. The following residents addressed the Council: Patricia Woodson, 472 Warren Lane, on behalf of the Parks and Open Space Board, commented in support of purchasing 571 and 599 Harbor Drive lots; Steve Simon, 335 Harbor Drive, commented in support of purchasing 571 and 599 Harbor Drive lots; and Patricia Romano, 361 Beechwood Drive, commented in support of purchasing 571 and 599 Harbor Drive lots. The Mayor closed the public hearing. There was extensive discussion by Council regarding the proposed purchase prices for both 571 and 599 Harbor Drive lots. The Manager addressed the Council regarding the proposed purchase for both 571 and 599 Harbor Drive. The Attorney addressed the Council regarding a voluntary covenant donated by the Oceania Developer totaling $7,000,000 restricted for the use of purchasing land only for parks and open space. The Mayor made a motion to purchase 571 Harbor Drive for $2,182,500 and 599 Harbor Drive for $1,850,000. The motion was seconded by Councilmember Lauredo and approved by a 5-1 voice vote. The vote was as follows: Councilmembers Luis Lauredo, Brett G. Moss, Kathleen Petros, Vice Mayor Allison McCormick and Mayor Michael W. Davey voting Yes. Councilmember Edward London voting No. The ordinance, as amended, was adopted on second reading by a 5-1 roll call vote. The vote is as follows: Councilmembers Luis Lauredo, Brett G. Moss, Kathleen Petros, Vice Mayor Allison 6of10 (American Land Title Association - Owner's Policy Adopted 6/17/2006) (With Honda Modifications) OWNER'S POLICY OF TITLE INSURANCE OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must he given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B. AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures. as of Date of Policy, against loss or damage. not exceeding the Amount of Insurance, sustained or incurred by the Insured h� reason of 1. Title being vested other than as stated in Schedule A. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery. fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created. executed, witnessed, sealed. acknowledged, notarized. or delivered: (iv) failure to perform those acts necessary to create a document by electronic means authorized by la,.: (v) a document executed under a falsified, expired. or otherwise invalid power of attorney; (vi) document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law: or (vii) a defective judicial or administrative proceeding. 1111 The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable. but unpaid. i k. I Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law. ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting. regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land: (b) the character. dimensions, or location of any improvement erected on the Land: (c) the subdivision of land: or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce. but only to the extent of the violation or enforcement referred to in that notice. (Covered Risks continued) In Witness Whereof OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory of the Company. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY .y -*. A Stork Company 7c 400 Snmund Ammo South, Minnuapo/s. Minnnsnfa 55401 * * 16721371-1111 * * Sy (✓ 03111-4.9- I'tesrAeri, * A1t"ct 0 J. t-.4...-- tcu Secret.). SERIAL OF6-8794783 FORM OF6 (rev. 12/10) (With Florida Modifications) File Number: 0103 149 Page 1 of 5 DoubleTime® 8.4 (Covered Risks continued) 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action. describing any part of the Land. is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part. or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency. or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been tiled or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy. but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees. or expenses that arise by reason of: 1. (a) Any law. ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating. prohibiting. or relating to (i) the occupancy, use, or enjoyment of the Land: (ii) the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land: or (iv)environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company 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 that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights laws. that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or ( b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS I. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy. increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. lb) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation. partnership, trust. limited liability company. or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) the term "insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase. including heirs. devisees. survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution. or reorganization: (C) successors to an Insured by its conversion to another kind of Entity: (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares. memberships. or other equity interests of the grantee are wholly -owned by the named Insured. FORM OF6 (rev. 12/10) (With Florida Modifications) Page 2 of 5 (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B). (C). and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right. title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways. or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage. deed of trust. trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease. or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title. as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title. as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice. the Company's liability to the Insured Claimant under the policy shall he reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured. and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay. shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees. costs. or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost. to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title. as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. if the Company exercises its rights under this subsection. it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction. and it expressly reserves the right, in its sole discretion. to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option. the name of the Insured for this purpose. Whenever requested by the Company. the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate. including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. FORM OF6 (rev. 12/10) (With Florida Modifications) Page 3 of 5 (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination. inspection, and copying. at such reasonable times and places as may be designated by the authorized representative of the Company, all records. in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e -mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further. if requested by any authorized representative of the Company. the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine. inspect. and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless. in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information. or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees. and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy. other than to make the payment required in this subsection. shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition. the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. together with any costs, attorneys' fees. and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii). the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend. prosecute. or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance: or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured. (1) the Amount of Insurance shall be increased by 10°%0, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees. and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect. lien, or encumbrance, or cures the lack of a right of access to or from the Land. or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals. it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals. adverse to the Title. as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed. or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions. the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant FORM OF6 (rev. 12110) (With Florida Modifications) Page 4 of 5 in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss. costs. attorneys' fees. and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise. or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. Fa payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of the controversy or claim. Arbitrable matters may include. but are not limited to. any controversy or claim between the Company and the Insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or. at the option of the Insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the Land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator (s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or not based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy. or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy. in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (h) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota 55401-2499, Phone: (612) 371-1111. FORM OF6 (rev. 12110) (With Florida Modifications) Page 5 of 5 Old Republic National Title Insurance Company OWNER'S POLICY" Schedule A Policy No.: Date of Policy: Agent's File Reference: OF6-8794783 December 3, 2019 @ 02:22 PM 0103.149 Amount of Insurance: $1,850,000.00 Premium: $4,818.35 Address Reference: 599 Harbor Drive, Key Biscayne, FL 33149 1. Name of Insured: Village of Key Biscayne, a Florida municipal corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple as shown by instrument recorded in Official Records Book 31711, Page 3766, of the Public Records of Miami -Dade County, Florida. 3. Title is vested in: Village of Key Biscayne, a Florida municipal corporation 4. The Land referred to in this policy is described as follows: Lot 9, Block 20, Biscayne Key Estates, according to the Plat thereof, recorded in Plat Book 50, Page 61, of the Public Records of Miami -Dade County, Florida. Old Republic National Title Insurance Company 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1 I I I Issuing Agent: Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd. Suite 700 Coral Gables, FL 33134 Agent No.: 16637 is Signature M. Hernandez, Esq. 6.20120118 Form OF6-SCH.-A (rev. 12.i10)(With Florida Modifications) Page 1 of 2 DoubleTimee 8.4 Old Republic 'rational Title Insurance Company OWNER'S POLIO' Schedule B Policy No.: OF6-8794783 Agent's File Reference: 0103.149 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. General or special taxes and assessments required to be paid in the year2020 and subsequent years. 2. All matters contained on the Plat of Biscayne Key Estates, as recorded in Plat Book 50, Page 60, of the Public Records of Miami -Dade County, Florida. 3. Declrationof Restrictions recorded in Deed Book 3377, at Page 147, of the Public Records of Miami -Dade County, Florida, which contain provisions creating easements. 4. Easaement as contained in Deed recorded in Deed Book 3652, at Page 512, of the Public Records of Miami -Dade County, Florida. 5. Encroachments, encumbrances, violations, variations, or adverse circumstances, if any, actually shown on the survey prepared by Exacta Land Surveyors, LLC, dated October 23, 2019, bearing #Job 1910.3441: 1) concrete slab encroaches onto public utility easement on the North side of the subject property; and, 2) asphalt driveway encroaches onto right of way on the West side of the subject property. I'age 2 of 2 Form OF6-SCH.-B (rev. !2/10)(Wi!h Florida Modifications) DoubleTime® 8.4 Prepared by: Michael A. Gonzalez, Esq. Perez -Mena & Gonzalez, LLC 6267 Bird Road Miami, FL 33155 Tax ID no.: 24-5205-001-3520 a/k/a: 599 Harbor Drive, Key Biscayne, FL 33149 Bill of Sale This Bill of Sale, made on November , 2019, Kenneth A. Coto and Katrina E. Gonzalez, husband and wife ("Seller(s)"), and Village of Key Biscayne, a Florida Municipal Corporation ("Buyer(s)"). Witnesseth, that Seller, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid to Seller by Buyer, receipt and sufficiency of which is hereby acknowledged, delivers, grants, bargains, sells and transfers forever to Buyer the following goods and chattels, to wit: AS PER THE CONTRACT DATED JUNE 10, 2019. Said property being located at: Lot 9, Block 20, Biscayne Key Estates, according to the map or plat thereof as recorded in Plat Book 50, pages 61, of the Public Records of Miami -Dade County, Florida. a/k/a: 599 Harbor Drive, Key Biscayne, FL 33149 Seller covenants to Buyer that Seller is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that Seller has good right to sell that property, and that Seller will warrant and defend the sale of said property, goods and chattels unto the Buyer against the lawful claims and demands of all persons whomsoever. "Seller" and "Buyer" shall be used for singular or plural, natural or artificial, which terms shall include the heirs, legal representatives, successors and assigns of Seller and Buyer whenever the context so requires or admits Kenneth A. C Katrina E. G lez [NOTARIAL ACKNOWLEDGMENT ON FOLLOWING PAGE] State of Florida County of Miami -Dade The foregoing instru -nt was acknowledged before me this %6j day of November, 2019 by Kenneth A. Coto, re personally known or [ ] has/have produced a driver's license as identification. [Notary Seal] " Notary Public Printed Name: V0/14'E /1/411( /e1OS' My Commission Expires: J/ffi- ZS, a & o iM�:'ry•., JORGE IVAN RIOS . ., h = MY COMMISSION t FF 953292 EXPIRES: January 25, 2020 ;or 4f' Bonded Thu Notary Publie Underwriters State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 2S day of November, 2019 by Katrina E. Gonzalez, [ yS are personally known or [ ] has/have produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: 10/14e-(v/t7V My Commission Expires: j/f-N, 2c/ 2o2-0 JORGE IVAN RIOS MY COMMISSION II FF 953292 1:4�� :. EXPIRES: January 25, 2020 d;r Bonded Thru Notary Public Underwriters