MIAMI BEACH

OFFICE OF THE CITY MANAGER

NO. LTC #
409-2017
LETTER TO COMMISSION

TO: Mayor Philip Levine and Members of the City Commission

FROM: Jimmy L. Morales, City Manager

DATE: August 9, 2017

SUBJECT: Basements

Over the last few days two local media outlets have erroneously reported that drainage
improvements in Sunset Harbor have created basements in some of the older and lower
lying buildings, like Sardinia.
It is unfortunate that important information that was provided to Brian Entin with WSVN 7
was omitted in his story last night, including Sardinia's elevation certificate and the
FEMA definition of a basement. As we explained to Mr. Entin in detail, as soon as the
city was notified of Sardinia's insurance claim issue, we immediately began advocating
for the truth. This included conversations with FEMA and obtaining an official elevation
certificate for the establishment proving that the City is not creating basements.
Attachment 1 is the FEMA definition of a basement, "any area of the building having
its floor subgrade (below ground level) on ALL sides." The capital letters are added for
emphasis.
Attachment 2 is an official elevation certificate for 1801 Purdy Avenue, please refer
to page 2 for elevation details and page 7 for the diagram that best reflects building type .
The bottom floor is higher than adjacent grade. Therefore, it is not a basement.
Attachment 3 is a second engineering report from the insurance company for the
insured " ... to determine whether the lowest occupied floor of the building is below grade
on all sides." Please refer to pages 2 and 3 which conclude that "the interior finished
floor elevation is ABOVE grade on ALL sides when considering the grade to be the point
adjacent to the exterior wall." (Capitalization is added for emphasis again) . Therefore, it
is not a basement.
The actual status of Sardinia's claim, denial and appeal to Allstate remains a private
matter between the insured and the company, the details of which we are not privy to,
despite requests for information. Attachment 4 is the FEMA Flood Claim Process.
The city will continue to work together to ensure that we have not and will not create
basements as part of the stormwater improvement program in residential neighborhoods
or commercial areas. The work we're doing in Miami Beach is ground breaking, and
other industries need to catch up - from the media to the private sector (insurance). We
are constantly educating and communicating to best simplify these complex issues, from
science to engineering .

Please let me know if you have any further questions.

Attachments
JLM/SMT
 Attachment 1

FEMA Basement

The purpose of this page is to defin e basemen ts, a

commonly used term in floodplain management.
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 Attachment 2

U.S. DEPARTMENT OF HOMELAND SECURITY OMB No. 1660-0008

Federal Emergency Management-Agency --EXpiFalion-Oate: November 30 , 2018
National Flood Insurance Program

ELEVATION CERTIFICATE
Important: Follow the instructions on pages 1-9.

Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner.
SECTION A - PROPERTY INFORMATION FOR INSURANCE COMPANY USE
A 1. Building Owner's Name Policy Number:
PURDY AVE LLLP
A2. Building Street Address (including Apt., Unit, Suite , and/or Bldg. No) or P.O. Route and
Company NAIC Number:
Box No.
1801 Purdy Avenue
City State ZIP Code
Miami Beach Florida 33139-1452
A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description , etc.)
The W. 1/2 of Lots 1, 2 and 3, in Block 14, The Alton Beach Realty Company's Plat of Island View Subdivision, PB. 6, PG. 115, M.D.C.R

A4. Building Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) Non-Residential

AS. Latitude/Longitude: Lat. 25 47' 37 .15" N Long. 80 08' 39.55" W Horizontal Datum : D NAO 1927 [8J NAO 1983

A6 . Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance.

A7. Building Diagram Number 1A

A8. For a building with a crawlspace or enclosure(s):

a) Square footage of crawlspace or enclosure(s) 0 sq ft

b) Number of permanent flood openings in the crawlspace or enclosure(s) within 1.0 foot above adjacent grade 0

c) Total net area of flood openings in A8.b 0 sq in

d) Engineered flood openings? 0Yes [8J No

A9. For a building with an attached garage:

a) Square footage of attached garage 0 sq ft

b) Number of permanent flood openings in the attached garage within 1.0 foot above adjacent grade 0

c) Total net area of flood openings in A9.b 0 sq in

d) Engineered flood openings? 0Yes [8] No

SECTION B - FLOOD INSURANCE RATE MAP (FIRM} INFORMATION

B1. NFIP Community Name & Community Number B2. County Name B3. State
120651 City of Miami Beach Miami-Dade Florida

B4. Map/Panel BS. Suffix B6. FIRM Index B7. FIRM Panel B8. Flood Zone(s) B9. Base Flood Elevation(s)
Number Date Effective/ (Zone AO, use Base
Revised Date Flood Depth)
12086C0317 L 09/11/2009 09/11/2009 AE 8.0'

B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9:
0 FIS Profile [8] FIRM D Community Determined D Other/Source:

B11 . Indicate elevation datum used for BFE in Item B9: 0 NGVD 1929 D NAVO 1988 D Other/Source:

B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? D Yes [8] No

Designation Date: D CBRS DOPA

FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 1 of 6
 I
ELEVATION CERTIFICAT-E~--
OMB No. 1660-0008
Ex pirati on-~Nuvernber 30, 2018
I
I

IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE
Building Street Address (including Apt., Unit, Suite, and/or Bldg . No.) or P.O. Route and Box No. Policy Number:
1801 Purdy Avenue
City State ZIP Code Company NAIC Number
Miami Beach Florida 33139-1452

SECTION C- BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)

C1. Building elevations are based on: D Construction Drawings* D Building Under Construction* ~ Finished Construction
*A new Elevation Certificate will be required when construction of the building is complete.
C2. Elevations -Zones A1-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO.
Complete Items C2.a-h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters.
Benchmark Utilized: C-100 Vertical Datum : NGVD 1929
---------- -
1ndi cate elevation datum used for the elevations in items a) through h) below.
~ NGVD 1929 D NAVO 1988 DOther/Source:
~---------------------~
Datum used for building elevations must be the same as that used for the BFE.
Check the measurement used.
a) Top of bottom floor (including basement, crawlspace, or enclosure floor) _ _ __4. 0 ~feet D meters
b) Top of the next higher floor N/A ~feet D meters
c) Bottom of the lowest horizontal structural member (V Zones only) N/A ~feet D meters
d) Attached garage (top of slab) N/A ~feet D meters
e) Lowest elevation of machinery or equipment servicing the building NIA ~feet D meters
(Describe type of equipment and location in Comments)
f) Lowest adjacent (finished) grade next to building (LAG) 3 29 ~feet D meters
g) Highest adjacent (finished) grade next to building (HAG) 3 92 ~feet D meters
h) Lowest adjacent grade at lowest elevation of deck or stairs, including N/A ~feet D meters
structural support

SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION

This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information.
I certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false
statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001.
Were latitude and longitude in Section A provided by a licensed land surveyor? D Yes ~ No D Check here if attachments.
Certifier's Name License Number , . >: . :

Frank Paruas 6625 ' .:'- .

Title
Professional Surveyor and Mapper
Company Name
FR Aleman and Associates, Inc
Address
10305 NW 41 Street
City State ZIP Code
Miami Florida 33178

Signature Date Telephone

11/16/2016 (305) 591-8777

Copy all page~ Elevation'Gerfificate and'all attachments for (1) community official, (2) insurance agent/company , and (3) building owner.
Comments (including type of equipment and location, per C2(e), if applicable)
Air Conditioning Units on the Roof.
Crown of Road Elevation: 1.- West side of building along 18 Street Elev. 5.19'; 2.- Intersection of Purdy Ave and 18 Street Elev. 5.54'; 3.-
North Side of building along Purdy Ave. Elev. 5.43'

FEMA Form 086-0-3 3 (7/15) Replaces all previous editions. Form Page 2 of 6
 OMB No. 1660-0008
ELEVATION CERTIFICATE Expiration Daie : November3(T,2018
IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE
Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number:
1801 Purdy Avenue
City State ZIP Code Company NAIC Number
Miami Beach Florida 33139-1452
SECTION E- BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED)
FOR ZONE AO AND ZONE A (WITHOUT BFE)
For Zones AO and A (without BFE), complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request,
complete Sections A, B,and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only,
enter meters.
E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below
the highest adjacent grade (HAG) and the lowest adjacent grade (LAG).
a) Top of bottom floor (including basement,
crawlspace, or enclosure) is 0 0 [8J feet Dmeters [8J above or D below the HAG.
b) Top of bottom floor (including basement,
crawlspace, or enclosure) is [8J feet D meters D above or D below the LAG.
E2 . For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9 (see pages 1-2 of Instructions),
the next higher floor (elevation C2.b in
the diagrams) of the building is [8J feet D meters D above or D below the HAG.
E3. Attached garage (top of slab) is [8J feet D meters D above or D below the HAG.
E4. Top of platform of machinery and/or equipment
servicing the building is [8J feet D meters D above or D below the HAG.
E5 . Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's
floodplain management ordinance? D Yes D No D Unknown. The local official must certify this information in Section G.

SECTION F-PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION

The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA-issued or
community-issued BFE) or Zone AO must sign here. The statements in Sections A, B, and E are correct to the best of my knowledge.

Property Owner or Owner's Authorized Representative's Name

Address City State ZIP Code

Signature Date Telephone

Comments

D Check here if attachments .

...
FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 3 of 6
 OMB No. 1660-0008
- - - -ELEVATION CERTIFICATE Exp iration Date: November 30, 201
IMPORTANT: In these spaces, copy the corresponding information from Section A . FOR INSURANCE COMPANY USE
Building Street Address (including Apt., Unit, Suite , and/or Bldg. No.) or P.O. Route and Box No . Policy Number:
1801 Purdy Avenue
-City State ZIP Code Company NAIC Number
Miami Beach Florida 33139-1452
SECTION G - COMMUNITY INFORMATION (OPTIONAL)

The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete
Sections A, B, C (or E) , and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement
used in Items G8-G10. In Puerto Rico only, enter meters.

G1 . D The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,
engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation
data in the Comments area below.)

G2 . D A community official completed Section E for a building located in Zone A (without a FEMA-issued or community-issued BFE)
or Zone AO.

G3. D The following information (Items G4-G10) is provided for community floodplain management purposes.

G4. Permit Number GS. Date Permit Issued G6. Date Certificate of
Compliance/Occupancy Issued

G7. This permit has been issued for: 0 New Construction O Substantial Improvement
GB. Elevation of as-built lowest floor (including basement)
of the bui lding: 0 feet 0 meters Datum

G9. BFE or (in Zone AO) depth of flooding at the building site: 0 feet O meters Datum

G10. Community's design flood elevation: 0 feet 0 meters Datum

Local Official's Name Title

Community Name Telephone

Signature Date

Comments (including type of equipment and location , per C2(e). if applicable)

0 Check here if attachments.

- ---
Form Page 4 of 6
FEMA Form 086-0-33 (7/15) . Repl aces all previous editions.
 BUILDING PHOTOGRAPHS OMB No. 1660-0008
- - -ELEVATION CERTIFICATE See-lnstr-1;1stiens-for Item ,4.6 Expiration Date: November 30, 201
IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE
Building Street Address (including Apt., Unit, Suite, and/or Bldg . No.) or P.O. Route and Box No. Policy Number:
1801 Purdy Avenue
City State ZIP Code Company NAIC Number
Miami Beach Florida 33139-1452

If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the
instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and
"Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or
vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page.

Photo One Caption Building Front. Looking Northeast

Photo Two Caption Building West Side. Looking South.

FEMA Form 086-0-33 (7/15) Replaces all previous editions. Form Page 5 of 6
 BUILDING PHOTOGRAPHS OMB No. 1660-0008
_ ELEVATION CERTIFICATE Continuatior:i--f2.age- -- Expiration Date: November 30, 2018
IMPORTANT: In these spaces, copy the corresponding information from Section A. FOR INSURANCE COMPANY USE
Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number:
1801 Purdy Avenue
City State ZIP Code Company NAIC Number
Miami Beach Florida 33139-1452

If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs
with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable,
photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8.

Photo One Caption Building South Side. Looking West.

Photo Two

Photo Two
Photo Two Caption

FEMA Form 086-0-33 (7 /15) Replaces .all previous editions. . Form Page 6 of 6
 Building Diagrams
The following diagrams illustrate various types of buildings. Compare the features of the building being certified with
the features shown in the diagrams and select the diagram most applicab le. Enter the diagram number in Item A7,
the square footage of crawlspace or enclosure(s) and the area of flood openings in square inches in Items A8 .a-c,
the square foo.tage of .attached .garage and t.he -area -0f -flood openings -in square inches -in Hems A9.a-c, and the
elevations in Items C2.a-h.
In A zones, the floor elevation is taken at the top finished surface of the floor indicated; in V zones , the floor elevation
is taken at the bottom of the lowest horizontal structural member (see drawing in instructions for Section C).

DIAGRAM 1A
All slab-on-grade s ingle- and multiple-floor build ings
(other than split-level) and high-rise bui ldings, either
detached or row ty pe (e.g., tow nhouses) ; with or
without attached garage.
DIAGRAM 18
All raised -s lab-on-grade or slab-on -stem -wall -wi th-fill
single- and multiple-floor buildings (other than split-
level), either det ached or row type (e.g., townhouses);
with or without attached garage.

Distinguishing Feature - The bottom floor is at or above Distinguishing Feature - The bottom floor is at or above
ground level (grade) on at least 1 side. * ground level (grade) on at least 1 side.*

NEXT HIGHER NEXT HIGHER

FLOOR FLOOR

BOTTOM FLOOR
BOTTOM FLOOR

All si ngle- and multiple-floor buildings with basement
(other than split-level) and high-rise buildings with
basement, either detached or row type
(e.g., townhouses); with or without attached garage.
DIAGRAM 28
All single- and multiple-floor buildings with basement
(other than split-level) and high-rise buildings w ith
basement, either detached or row type
(e.g., t ownhouses); with or without attached garage.

Distinguishing Feature - The bottom floor (basement
or underground garage) is below ground level (grade) on
all sides.*
Distinguishing Feature - The bottom floor (basement or
underground garage) is below ground level (grade) on all
sides ; most of the height of the walls is below ground level
on all sides; and the door and area of egress are also
below ground level on all sides.*

NEXT HIGHER
FLOOR NEXT HIGHER
FLOOR

A floor that is below ground level (grade) on all sides is co nsidered a baseme nt even if the floor is used for living purposes. or as an office,
ga rage, works hop, etc.

...... NFIP Elevation s;ertificate Instructions - Page 7 of 9

 Building Diagrams

DIAGRAM 3 DIAGRAM4
All split-level buildings that are slab-on-grade, either All split-level buildings (other than slab-on-grade),
detached or row type (e.g., townhouses); with or without either detached or row type (e.g ., townhouses); wi th or
-attached garage. without attached garage.

Distinguishing Feature - The bottom floor (excluding Distinguishing Feature - The bottom floor (basement
garage) is at or above ground level (grade) on at least or underground garage) is below ground level (grade) on
1 side.* all sides.*

HIGHER
FLOORS
NEXT HIGHER
FLOOR

DIAGRAMS DIAGRAM 6
All buildings elevated on piers, posts, piles, columns, All buildings elevated on piers, posts, piles, columns,
or parallel shear walls. No obstructions below the or parallel shear walls with full or partial enclosure
elevated floor. below the elevated floor.

Distinguishing Feature - For all zones, the area below the
elevated floor is open, with no obstruction to flow of floodwaters
(open lattice work and/or insect screening is permissible).
NEXT HIGHER
FLOOR
Distinguishing Feature - For all zones, the area below the
elevated floor is enclosed, either partially or fully. In A Zones, the
partially or fully enclosed area below the elevated floor is with or
without openings** present in the walls of the enclosure. Indicate
information about enclosure size and openings in Section A -
Property Information.
NEXT HIGHER
FLOOR

ELEVATED ELEVATED
FLOOR FLOOR

A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes, or as an office,
garage, workshop, etc.
An "opening" is a permanent opening that allows for the free passage of water automatically in both directions without human intervention .
Under the NFIP, a minimum of 2 openings is required for enclosures or crawlspaces. The openings shall provide a total net area of not less than
1 square inch for every square foot of area enclosed, excluding any bars, louvers , or other covers of the opening. Alternatively, an Individual
Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES) must be
submitted to document that the design of the openings will allow for the automatic equalization of hydrostatic flood forces on exterior walls. A
window, a door, or a garage door is not considered an opening; openings may be installed in doors. Openings shall be on at least 2 sides of the
enclosed area. If a building has more than 1 enclosed area, each area must have openings to allow floodwater to directly enter. The bottom of
the openings must be no higher than 1.0 foot above the higher of the exterior or interior grade or floor immediately below the opening. For more
guidance on openings, see NFIP Technical Bulletin 1.

NFIP Elevation Certificate Instructions - Page 8 of 9

 I

Building Diagrams
DIAGRAM 7
All buildings elevated on full-story foundation walls
with a partially or fully enclosed area below the elevated
ftoor. This includes walkout levels, where at least 1 side
is at or above grade. The principal use of this building is
located in the elevated floors of the building.
Distinguishing Feature - For all zones, the area below the
elevated floor is enclosed, either partially or fully. In A Zones , the
partially or fully enclosed area below the elevated floor is with or
without openings** present in the walls of the enclosure. Indicate
information about enclosure size and openings in Section A -
Property Information .
I
I
DIAGRAM 8
I
All buildings elevated on a crawlspace with the floor of
the crawlspace at or above grade on at least 1 side,
with or without an attached garage.
Distinguishing Feature - For all zones , the area below the first
floor is enclosed by solid or partial perimeter walls. In all A zones,
the crawlspace is with or without openings** present in the walls
of the crawlspace. Indicate information about crawlspace size
and openings in Section A - Property Information.

NEXT HIGH ER NE XT HIGHER

FLOOR FLOOR

DIAGRAM 9
All buildings (other than split-level) elevated on a sub-
grade crawlspace, with or without attached garage.

Distinguishing Feature - The bottom (crawlspace) floor is below

ground level (grade) on all sides.* (If the distance from the crawlspace
floor to the top of the next higher floor is more than 5 feet, or the
crawlspace floor is more than 2 feet below the grade [LAG] on all
sides , use Diagram 2A or 2B.)

NEXT HIGHER
FLOOR

* A floor that is below ground level (grade) on all sides is considered a basement even if the floor is used for living purposes , or as an office,
garage, workshop , etc.
An "opening" is a permanent opening that allows for the free passage of water automatically in both directions without human intervention.
Under the NFIP , a minimum of 2 openings is required for enclosures or crawlspaces. The openings shall provide a total net area of not less than
1 square inch for every square foot of area enclosed , excluding any bars, louvers, or other covers of the opening. Alternatively , an Individual
Engineered Flood Openings Certification or an Evaluation Report issued by the International Code Council Evaluation Service (ICC ES) must be
submitted to document that the design of the openings will allow for the automatic equalization of hydrostatic flood forces on exterior walls . A
window, a door, or a garage door is not considered an opening; openings may be installed in doors. Openings shall be on at least 2 sides of the
enclosed area. If a building has more tha n 1 enclosed area, each area must have openings to allow flo odwater to directly enter. The bottom of
the open ings must be no higher th an 1.0 foot above the higher of the exterior or interior grade or fl oor immediately below the opening . For more
guidance on openings , see NFIP Technical Bulletin 1.

NF IP E levation Certificate Instructions - Page 9 of 9

 Attachment 3

You're in good hands,

January 5, 2017

1801 Purdy LLC. DBA Sardinia Enotcca Ristorante

ll\Ol Purdy Avcnm:
Miami Beach, FL 33139

Our Insured: 1801 Purdy LLC. DBA Sardinia Enoteca Rlstornntc

Date of Loss: !0!0312016
Claim Number: 0431696573
Loss Location: 1801 Purdy Avenue
Miami Beach, FL 33139

Dear 1801 Purdy LLC. DBA Sardinia Enoteca Ristorantc:

We are writing to y()u in regard to the claim you have submitted under your National Flood Insurance Policy
#480043305 l. Please find enclosed, for your record;;, a copy of the cngim:cring report by Donan Engineering Co.. [m.:.

If you would like to discuss this matter further. please cal! Glen Kimberlin at 866-450-9095, Ext 8545, Mr. Kimberlin
will be happy to address any questions and/or concerns you may have.

By this letter, we do not intend to waive or relinquish any of our rights or defenses. either listed or unlisted, under this
pu!icy of insurance.

Sincerely,

Claims Department
Allstate Insurance Company
Gulf Coast flood f>KO

Enclosure:
/jsn

Allstate Insurance Company

P.O, Box 9880 Mobile, AL 36691 T 888.202,3716 F 877.292.9527
 CORRESPOND TO:
John G. Donan, Jr., P.E.
Chairman of the Board Oonan .Engineering Co., Inc..
124$0 Lake St:ttion Place
J . Lyle Oonan, P.E. Louisville, Kentucky 40299
President. CEO 800-482-561 l
502-267-6976 rax

December 16, 2016

Mr. Brad Taylor

Allstate Insurance Company
1020 Downtowner Boulevard
Mobile, Alabama 36609

RE: Mr. Tony Gallo

Purdy LLC DBA Sardinia Enoteca Ristorante
1801 Purdy Avenue, Miami Beach, Florida 33139
Claim Number: 431696573
Donan Project Number: 35-16110673-0

Dear Mr. Taylor:

At your request, on November 23, 2016, a study was made on the restaurant
at the above-referenced address. The purpose of the study was to determine
whether the lowest occupied level of the building is below grade on all sides. Mr.
Tony Gallo was present to point out areas of concern and to provide firsthand
information. This letter, with the enclosed photot,rraphs, is the report of my
findings and conclusions.

Description ofProperty

For purposes of this report, the restaurant is considered to face west toward
Purdy Avenue (Photograph 1). The restaurant is a bi-level-style, concrete
masonry unit (CMU) structure over a concrete slab-on-grade foundation. The
exterior walls are covered with a cementitious finish. According to the Miami-
Dade County Property Appraiser website, the building was constructed in 1940
and was 1ast sold in 2005 .

. 1,:_.....
Allstate Iusurance Company
Claim Number: 431696573
December 161 2016
Page2

Summary of Observations

Elevations at the building were checked using a ZipLevel. 1 The base unit
was set to 0 at the restaurant entrance threshold at the southwest exterior corner of
the building, and the elevation difference for other parts of the restaurant were
measured using the bandheld unit.

The exterior of the building is surrounded by concrete slabs on three sides

and an adjacent building to the north. An elevated sidewalk is along the west and
south face of the building. The building is divided into two sections; the subject
restaurant occupies approximately the south one-half of the building.

For the purposes of this report, grade is considered the point immediately
adjacent to the exterior side of the exterior wall. Grade along the west exterior
wall of the building fa between 0.0 and 0.9 inch. Grade along the south exterior
wall is between 0.0 and 8.1 inches. Grade along the east exterior wall ranges from
8.1 to 5.6 inches. The elevation at the restaurant foyer is 0.5 inch. A ramp leads
to the interior dining area, which has an elevation of7.l inches. The interior floor
elevations at the northwest, northeast comer, and southeast comers are 9.5, I 1.9,
and 8.4 inches, respectively.

1
A ZipLevel is a hydrostatic altimeter that measures the difference in elevation between a temporary
benchmark (as set by the handheld unit) and the handheld unit. Posjtive numbers indicate elevations above
the benchmark, and negative numbers indicate elevations below the bench.mark.

donan.com
-----M.l~tirte~fosuraoce
Company
Claim Numbe:r: 431696573
December 16, 2016
Page3

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8.1

7.l
............ 8.4

-0.1

Patio

l.1.1 22.0

Street

Figure 1: Building Layout with Measurements (not to scale)

Summary of Conclusions

In summary, based on what is known at this time, I am of the opinion that:

The interior finished floor elevation is above grade on all sides when
considering the grade to be the point adjacent to the exterior wall.

The sidewalk area is above the elevation of the interior floor.

donan.com
. .
Alistate insu:nim:e Cumpany
Claim Number: 431696573
December 16, 2016
Page4

This report is based on relevant information known to Donan at the time the
report is issued. Donan reserves the right to amend or supplement this report if
additional relevant infonnation becomes available.

We appreciate your confidence in our professional services.

Sincerely,
DONAN ENGINEERING Co., !NC.
12450 Lake Station Place
Louisville, Kentucky 40299
Florida COA 28374

Jose 0
Jose 0. Nunez, P.E.
Forensic Engineer
Florida P.E.: 72431
Expires: February 28, 2017

This item has been electronically signed and sealed by Jose 0. Nunez, P.E.,
on December l 6, 2016, using a Digital Signature.

Printed copies of this document are not considered signed a:nd sealed, and
the signature must be verified on any electronic copies.

donan.com
AlMate Insurance-Company
Claim Number: 431696573
December 16, 2016
Page5

Photograph 1: Aerial view.

Photograph 2: Building exterior (looking north).

donao.com
Allstate Insurance Company
Claim Number: 431696573
December 16, 2016
Page6

Photograph 3: Bui.lding exterior, northwest comer.

Photograph 4: Building exterior (looking west).

donan.com
Allstate Insurance Company
Claim Number: 431696573
December 16, 2016
Page7

Photograph 5: Building exterior, east face (looking north).

Photograph 6: Elevation at southwest comer.

donan.com
Allstate Insurance Company
Claim Number: 431696573
December 16, 2016
Page8

Photograph 7: Elevation along west face.

Photograph 8: Elevation at northwest corner.

donan.com
- - - - -- Aiistate Insurance Company
Claim Number: 431696573
December 16, 2016
Page9

Photograph 9: Elevation at doorway along south face.

Photograph 10: Elevation at southeast comer.

don an.com
- -Allstate-Ir.surance Company
Claim Number: 431696573
December 16, 2016
Page 10

Photograph 11; lnterior room entrance and dining room floor,

donao.com
 Attachment 4

National Flood Insurance Program (NFIP)

The Flood Claim Process

Once you report a loss an adjuster is assigned to assist you with your claim . The adjuster will work with you to reach an agreed amount for the
covered loss. The adjuster will also scope the damage and provide an estimate of the covered flood damage and a proof of loss form to you for
signature. It is important to know that once you sign the proof of loss form, there is still an opportunity to work with your insurance carrier if
you find additional flood damage or if you have a request for additional payment under your claim. The estimate, proof of loss form, and other
supporting documentation comprise the Proof of Loss. which is required before your claim can be paid. If you disagree with your adjuster's
estimate of damage, the following guidance outlines the effort to develop the Proof of Loss, to reach an agreed-to loss settlement amount,
and/or to fully explain to you any damage that is not covered under the terms and conditions of your Standard Flood Insurance Policy (SFIP) . It
is also important to note that even though the adjuster offers assistance to you with your claim, the responsibility to promptly report your loss,
timely submit the Proof of Loss and the payment amount requested, is solely yours as stated within the SFIP at Section VII. General Conditions,
paragraph (J) "Requirements of Case Loss" .

STEP 1: Report the loss to your insurance agent or the insurance carrier, who will in turn assign an adjusting firm who provides an adjuster to
assist you with presenting the support for your loss.

STEP Z: The adjuster inspects the property (scoping visit) and may ask if you wish to request an advance payment from your insurer; the
adjuster will send you a detailed room-by-room unit-cost estimate of damage and a proof of loss form . If you agree, the proof of loss
form should be signed to and sworn to, and upon your insurer's review and agreement, the loss is settled.

STEP 3: If you do not agree, you should work with your adjuster to find a dollar amount for the covered loss that can be agreed on. Also,
working with your general contractor is also helpful.

STEP 4: If you are unable to reach an agreement with the adjuster, you should contact your adjuster' s supervisor by calling the adjusting
firm .

STEP 5: The supervisor should work with you to find a dollar amount for the covered loss that can be agreed on.

STEP 6: If you are unable to reach an agreement with the adjuster's supervisor, you shou ld contact your insurance carrier's claims department
to discuss the amount difference or coverage issue with a claim examiner.

STEP 7: If you are unable to reach an agreement with the claim examiner, you should complete a proof of loss form for the total amount you
are requesting (the undisputed amount plus any additional amount), and then send the signed and sworn-to proof of loss form with
documentation to support the additional amount you are requesting, directly to the insurance carrier claim examiner.

STEP 8: If the insurer agrees with your documentation, they will pay the amount you are requesting; or they may provide the adjusting firm
with their recommendation which may lead to an additional payable amount and a new Proof of Loss. If the insurer disagrees, they
will issue payment for any undisputed amount, and a written denial letter will be sent to you fully explaining the reasons for the
disallowance (denial) of your claim or any portion of your claim .

STEP 9: If you agree with the den ial or no longer dispute the decision, the loss is settled .

STEP 10: For any denial of payment, in whole or in part, which you are disputing, three options remain :
You may send an amended Proof of Loss with supporting documentation back to the claim examiner; see STEP 8
You may submit a forma l Appeal to FEMA
)> A written Appeal letter must be sent to FEMA within 60 days of your insurer's denial letter, along with a copy of the denial
letter and the documentation you have to support your Appeal.
You may file a lawsuit against your insurer
)> A lawsuit must be filed within one year of your insurer's first written denial letter and only in U.S. District Court in the district
where the property is located at the time of the loss
)> However, once you file a lawsuit, you may no longer appeal your claim to FEMA or file an amended Proof of Loss with your
insurer

"FEMA 's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our
capability to prepare for, protect against, respond to, recover from, and mitigate all hazards. "

January 201 6