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HomeMy WebLinkAboutR-00-0612J-00-602 6/27/00 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED CEDARS PARK, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. WHEREAS, the Department of Public Works recommends the acceptance of a plat entitled CEDARS PARK; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1.The plat entitled CEDARS PARK, is a subdivision of the property described in "Attachment 1," which plat by reference is made a part hereof as if fully incorporated herein, and subject to all of the conditions required by the CITY COMMSSIOIN NEET1.4C OF J u L 2 0 2000 Plat and Street Committee as set forth as "Exhibit A," attached hereto is hereby accepted. The dedications shown on the plat together with the dedications to the perpetual use of� the public of all existing and future planting, trees, and shrubbery on said property, are also hereby accepted and confirmed by the City of Miami, Florida. Section 2. The Covenant To Run With The Land executed by Cedars Healthcare Group, Ltd., a Florida limited partnership, postponing the immediate construction of street improvements consisting of curb and gutter, pavement and drainage on Northwest 16 Street and Northwest 17 Street immediately adjacent to said CEDARS PARK, until such time as required by the Department of Public Works of the City of Miami is hereby accepted and the proper officials are .directed to record said covenant after the plat has been recorded in the Public Records of Miami -Dade County, Florida. Section 3. The City Manager and City Clerk .are hereby authorized and directed to execute the plat and cause the same to be recorded in the Public Records of Miami -Dade County,�'Florida. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the,.Mayor.l�. �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 PASSED AND ADOPTED this 20th day of July 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said n naw becomes effective with the elapse of ten (10) days r * I m the date of Co ni icr� .xticri. regarding same, without the Mayor F a ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AO070 FORM 0 V RELLO �TORNEY t 22:FRM:; M:]3SS CTNESS Page 3 of 3 r J W, City Cleric P V~V ATTACHMENT[ A PORTION OF EACH OF LOTS 1 THROUGH 11 INCLUSIVE, LOTS 12 THROUGH 26 INCLUSIVE, AND LOTS 37 THROUGH 49 INCLUSIVE, BLOCK 5 "BRADDOCK SUBDIVISION NO. 4" AS RECORDED IN PLAT BOOK 3, AT PAGE 61 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. TOGETHER WITH THE 10.00 FEET WIDE ALLEY THAT LIES ADJACENT TO LOTS 1 THRU 11, LOTS 12 THROUGH 24, AND LOTS 37 THROUGH 49, BLOCK 5, "BRADDOCK SUBDIVISION NO. 4" AS RECORDED IN PLAT BOOK 3 AT PAGE 61, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 26, THENCE N 90000'00" E ALONG THE NORTH LINE OF THE AFORESAID BLOCK 5 FOR 479.44 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO RIGHT HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91057'40"; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 40.13 FEET TO A POINT ON THE WEST LINE OF NW 14TH AVENUE; (THE NEXT THREE (3) COURSES ARE ALONG THE WEST LINE OF NORTHWEST 14TH AVENUE), THENCE S 01°57'40" W FOR 0.64 FEET; THENCE S. 01'14'26" W FOR 221.23 FEET; THENCE S 00002'23" W FOR 14.02 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89°58'42"; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT ON THE SOUTH LINE OF THE AFORESAID BLOCK 5; THENCE N 89058'55" W ALONG SAID SOUTH LINE OF BLOCK 5 FOR 423.24 FEET TO THE SOUTHWEST CORNER OF THE AFORESAID LOT 37; THENCE N 00016'15" W ALONG SAID WEST LINE OF LOT 37 FOR 148.19 FEET TO THE SOUTHEAST CORNER OF LOT 25; THENCE S 90000'00" W ALONG THE SOUTH LINE OF THE AFORESAID LOTS 25 AND 26 FOR 50.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 26; THENCE N 00016'15" W ALONG THE WEST LINE OF SAID LOT 26 FOR 138.36 FEET TO THE POINT OF BEGINNING. -- 612 • Tal of JAMES J. KAY, P.E. Director April 7, 2000 Cedars HealthCare Group, Ltd. 1400 NW 12 Avenue Miami, FL 33136 Ladies and Gentlemen: -GE AIRS 01 098413.1f -PARK - TENTATIVE PLAT #1547-A DONALD H. WARSHAW City Manager The City of Miami Plat and Street Committee, at its meeting of April 6, 2000, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. Provide correct name and address of the record owner on plat. 2. The opinion of title must cover the period from the beginning to a recent date. 3. Be advised that any and all easement holders of record will be required to join in and consent to the plat. They will be required to execute the final plat and provide backup documentation. 4. Check with the Miami -Dade Water and Sewer Department for any watermain upgrade requirements. 5. Submit a recent Certificate of Good Standing from the Secretary of State and an updated Certificate of Limited Partnership identifying the names and titles of the individuals having the authority to execute documents. 6. In the main sketch, reference the State Road Department right-of-way map for NW 14 Avenue recorded in Plat Book 83 at Page 71. 7. Provide a copy of the City Commission Resolution approving the alley closure. 8. Provide a copy of the Miami -Dade Water and Sewer Department requirements to the City of Miami Fire -Rescue Department, Lt. William Richardson. 9. Show the zoning districts in the location sketch. 10. On surveyor's note No. 4, correct "City of Miami bench mark". 00- 112 DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416-1200/Fax:416-2153 Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708 Cedars HealthCare Group, Ltd. CEDARS BRADDGGK PAR - TENTATIVE PLAT #1547-A April 7, 2000 Page two In addition to the above requirements, you should be aware of the following: 7. State and local laws require the installation of various physical improvements in the public rights-of-way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 8. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 9. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 10. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 11. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 12. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, John H. Ja kso , P. E. Acting Chairman, Plat and Street Committee Enclosure: Contact Sheet c: Samuel M. Fischbein, P.L.S. 7480 Fairway Drive, Suite 205 Miami Lakes, FL 33014 Plat and Street Committee Members BC: Surveys Civil Engineering Central 0®-- 612 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS _JUNE 7, 2000_ REPORT OF PROPOSED RECORD PLAT OF CEDARS PARK LOCATED ALONG NW 14 AVENUE BETWEEN NW 16 STREET AND NW 17 STREET • A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled CEDARS PARK was prepared by Gold Coast Engineering Consultants, Inc. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: 1. The property platted is a replat of a portion of each of Lots 1 through 11, Lots 12 through 26, and Lots 37 through 49, Block 5, "Braddock Subdivision No. 4", as recorded in Plat Book 3 at Page 63 of the Public Records of Dade County, Florida, and a portion of the 10 -foot wide alley of said Block 5 lying adjacent to said Lots 1 through 26 and said Lots 37 through 49, all lying in Section 35, Township 53 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one tract containing 3.12+ acres. It is zoned R-4. 2. The location of the streets and their widths conform to the standards of the Department of Public Works of the City of Miami, Florida. 3. As certified to by Samuel M. Fischbein, Registered Surveyor and Mapper, this Plat complies with the plat filing laws of the State of Florida. 4. The City Zoning Board of Miami, Florida, after Public Hearing, has recommended the closing of the 10 -foot wide alley lying adjacent to Lots 1 through 26 and Lots 37 through 49, of Block 5, "Braddock Subdivision No. 4", as recorded in Plat Book 3 at Page — 0�Z 63 of the Public Records of Dade County, Florida. This action was confirmed by City Commission Resolution No. 99-964. 5. The Certificate of Title Examination, dated May 26, 2000, signed by William P. Sklar, Attorney, indicates that the fee simple title to the property platted is correctly vested in Cedars Healthcare Group, Ltd., a Florida limited partnership, and the Plat has been correctly executed. 6. The area platted is not encumbered by mortgages. 7. In accordance with the requirements of Chapters 54 and 55, of the Code of the City of Miami, Florida, a Performance Bond in the amount of $58,665.00 has been executed by Cedars Healthcare Group, Ltd., Principal, and American Casualty Company of Reading, Pennsylvania, Surety. This Bond and the Surety's Power of Attorney will accompany the Agreement between the City of Miami, Florida, and the Principal to guarantee the following at the property platted: REMOVE APPROXIMATELY 2435 SQUARE FEET OF EXISTING CONCRETE SIDEWALK REMOVE APPROXIMATELY 130 SQUARE YARDS OF EXISTING ASPHALT PAVEMENT CONSTRUCT APPROXIMATELY 2313 SQUARE FEET OF 4 -INCH CONCRETE SIDEWALK, INCLUDING HANDICAP RAMP CONSTRUCT APPROXIMATELY 200 SQUARE FEET OF 6 -INCH CONCRETE SIDEWALK PROVIDE AND INSTALL APPROXIMATELY 86 SQUARE YARDS OF NEW PAVEMENT (11/2 INCH ASPHALTIC CONCRETE SURFACE AND 8 -INCH LIMEROCK BASE) FOR TWO 20 -FOOT DRIVEWAY APPROACHES PROVIDE AND INSTALL APPROXIMATELY 100 LINEAR FEET OF 18 -INCH PERFORATED ALUMINUM PIPE FRENCH DRAIN PROVIDE AND INSTALL 2 TYPE "D" CATCH BASIN GRADE AND SHAPE 1047 SQUARE YARDS OF SWALE AREA PROVIDE AND INSTALL 9,854 SQUARE FEET OF SOLID SOD ON SWALE AREA PLANT 14 SILVER BUTTONWOOD TREES PAINT APPROXIMATELY 58 LINEAR FEET OF CURB WITH YELLOW THERMOPLASTIC PAINT (6 - INCH WIDE) 0®-- 612 8. The City of Miami Department of Public works recommends that a covenant be accepted postponing the immediate construction of street improvements (curb and gutter, pavement and drainage) on NW 16 Street and NW 17 Street immediately adjacent to said CEDARS PARK. 9. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. Frank R. McMahOn, J ., .S. City Surveyor 00- 012 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-46 AND CHAPTER 55 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, Cedars Healthcare Group, Ltd., a Florida limited partnership (hereinafter referred to as the "Owner"), concurrently with the delivery of this Agreement, has applied to THE CITY OF MIAMI, FLORIDA, (hereinafter referred to as the "CITY"), for the acceptance and confirmation by the Commission of said City, of a certain proposed plat of a subdivision to be known as Cedars Park, a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54-46 and Chapter 55, THE CODE OF THE CITY OF MIAMI, FLORIDA, requires that any proposed plat, submitted to said Commission for acceptance and confirmation, shall be accompanied by an Agreement entered into by the Owner of the land being platted, with the Director of the Department of Public Works on behalf of said City, for the construction of certain improvements therein enumerated, the performance of which Agreement shall be secured by a good and sufficient Performance Bond; NOW, THEREFORE, the Owner hereby covenants and agrees with said City as follows: 1. Within one (1) year from the effective date of the acceptance and confirmation of said plat by the Commission of said City, or prior to the issuance by the City of Miami of a Certificate of Occupancy for the premises, the Owner will construct, or cause to have constructed, at his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon the estimate of cost of said improvements, a copy whereof is attached hereto as Exhibit "B" and made a part hereof. Although one year is 007.133191 .1 1 ® • allowed for the completion of the aforementioned improvements, it is not in the public interest that such construction of work should be prolonged to the extent that it would have a disorganizing effect upon the neighborhood. After the work is started, the Owner hereby agrees to prosecute said work progressively so as to complete it in a reasonable length of time as determined by the Department of Pubic Works. 2. In accordance with the provisions of said Chapter 54, Section 54-46 and Chapter 55, THE CODE OF THE CITY OF MIAMI, FLORIDA, the Owner herewith tenders to the City a Performance Bond duly executed by American Casualty Company of Reading, Pennsylvania, in the amount of $58,665.00, which amount is not less than one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus twenty-seven (27%) percent for engineering and contingent costs and damages, and upon completion of the construction of said improvements and subsequent to the submission by the Owner to The City of Miami Department of Public Works a letter from a Registered Surveyor and Mapper certifying that the Permanent Reference Monuments indicated on the Plat have been properly installed and are in place, said Performance Bond shall be released. 3. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement, the conditions of the said Performance Bond shall be such that Healthcare Indemnity, Inc. shall, within thirty (30) days after receipt of written notice from the Director of the Department of Public Works of said City of the failure or of the neglect of the Owner to perform this Agreement, construct, or cause to be constructed, the improvements set forth in Exhibit "B" hereof, pay to the City a sum up to the aggregate amount of $58,665.00. 4. The City shall have the right to collect the sum estimated to construct or complete the improvements set forth in Exhibit "B", said sum to be estimated by the 007.133191.1 G- Department of Public Works of the City, which shall include engineering and contingent costs and any damages direct or indirect, not to exceed twenty -sever (27%) thereof, plus reasonable attorneys' fees which the City may sustain on account of the failure of the Owner to carry out and execute the provisions of this Agreement; provided further that the City Commission of Miami, Florida, shall have the right to construct, or cause to be constructed, after public advertisement and receipt of bids, the improvements as provided for in said Agreement, and in the event that the City Commission of Miami, Florida, exercises such right, it shall have the right to collect the final total costs of said improvements, together with any engineering and contingent costs, and any damages direct or indirect, not to exceed twenty-seven (27 %) percent thereof, plus reasonable attorneys' fees, which the City may sustain on account of the failure of the owner to carry out and execute the provisions of this Agreement. Said Performance Bond is attached hereto as Exhibit "C" and made a part hereof by reference. IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in triplicate thisaarjL day of tea , AD, 2000. OWNER: ATTEST: CEDARS HEALTHCARE GROUP, LTD. a Florida Limited Partnership, By: Columbia Hospital Corporation of Secretary Central Miami, a Florida Corporation, as General Partner (Corporate Seal) By: A/, /Z e . e - Its Vice -President -3- 007.133191.1 C z5 Approved and accepted on behalf of the City of Miami, Florida, this day of WITNESSES: 007.133191 .1 ;DDD By: —(4 - �' Qo�� �4-t�rG Direc r, Department o Public Works -4- 00- 612 CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its proper officer(s), and its corporate seal to be affixed hereto and attested to by its Secretary, the day and year first above set forth. Signed, Sealed and Delivered In the Presence of: WITNESS Orr wlli/ PRINT NAME CEDARS HEALTHCARE GROUP, LTD., a Florida Limited Partnership By: Columbia Hospital Corporation of Central Miami, a Florida Corporation, as General Partner By:h`rz"� 6l Its Vice Vice President ME ame- p4l92119 PRINT ADDRESS/1/�j syf//L L ,C,-�� Sa3 CITY, STATE AND ZIP CODE ATTEST: J�? W TNES —7t a, 464, SECRETARY �n- �w L qt, -z- /Jc�r�+ �� ��e (� 3- 2u3 CORPORATE SEAL PRINT ADDRESS CITY, STATE AND ZIP CODE STATE OF TENNESSEE COUNTY OF'�O.v�c�Sb'n I hereby certify: That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, A 4% So C\ and `�O.V����r1SOr1 �� �C.� �cCS eR and ASSis�an�1 SeCtc�to�ru� respectively ofZo\� mb�0. �OSp��o�,\G�t ca�Con _� r e1 a aoL corporation, who are(is) personaly known to me or who have (has) produced and respectively as identification and who executed the foregoing instrument and acknowledged the execution thereof to be -N Y' free act and deed as such officer(s) for the purposes therein expressed and who ,•(did not) take an oath. 007.133191.1 -5- Witness: My hand and official seal thiso�a_r�day of Q , A.D., 2000 Signature of Person Taking Acknowledgement: Print Name of Acknowledger: �\'C \�Y1 W • Lp��,,,,�,,,��7 Notary Public, State of `bR V -N S 5 NELq4;��� Serial Number (if any): = � Z:S. to,9�. : 0 My Commission Expires: k IL00 , �� •• F 00000 APPROVED: ..D�.';lrTENN;.••`�,,, kc. ,,J & DIRECTOI(, DEPARTMENT OVKPUBLIC WORKS This Instrument Prepared by Department of Law City of Miami, Florida 007.133191.1 -6- EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and CEDARS HEALTHCARE GROUP, LTD. FOR IMPROVEMENTS AT CEDARS PARK LOCATED ALONG NW 14 AVENUE BETWEEN NW 16 STREET AND NW 17 STREET REMOVE APPROXIMATELY 2435 SQUARE FEET OF EXISTING $ 2,435.00 CONCRETE SIDEWALK REMOVE APPROXIMATELY 130 SQUARE YARDS OF EXISTING $ 390.00 ASPHALT PAVEMENT CONSTRUCT APPROXIMATELY 2313 SQUARE FEET OF 4 -INCH $ 6,939.00 CONCRETE SIDEWALK, INCLUDING HANDICAP RAMP CONSTRUCT APPROXIMATELY 200 SQUARE FEET OF 6 -INCH $ 800.00 CONCRETE SIDEWALK PROVIDE AND INSTALL APPROXIMATELY 86 SQUARE YARDS OF $ 1,204.00 NEW PAVEMENT (1'/z INCH ASPHALTIC CONCRETE SURFACE AND 8 -INCH LIMEROCK BASE) FOR TWO 20 -FOOT DRIVEWAY APPROACHES PROVIDE AND INSTALL APPROXIMATELY 100 LINEAR FEET OF $ 6,500.00 18 -INCH PERFORATED ALUMINUM PIPE FRENCH DRAIN PROVIDE AND INSTALL 2 TYPE "D" CATCH BASIN $ 3,600.00 GRADE AND SHAPE 1047 SQUARE YARDS OF SWALE AREA $ 5,235.00 PROVIDE AND INSTALL 9,854 SQUARE FEET OF $ 4,927.00 SOLID SOD ON SWALE AREA PLANT 14 SILVER' BUTTONWOOD TREES $ 7,560.00 PAINT APPROXIMATELY 58 LINEAR FEET OF CURB WITH $ 47.00 YELLOW THERMOPLASTIC PAINT (6 -INCH WIDE) 10% CONTINGENCY $ 3,964.00 17% ENGINEERING AND INDIRECT COST $ 7,412.00 TOTAL ESTIMATED COST OF IMPROVEMENTS $51,013.00 AMOUNT OF PERFORMANCE BOND $58,665.00 (115 percent of the cost of improvements) 00- 612 P/B Exhibit "C" Page 1 of 3 PERFORMANCE BOND (EXHIBIT "C") STATE OF FLORIDA ) COUNTY OF DADE ) ss Bond Number: 929135680 CITY OF MIAMI ) KNOW ALL MEN BY THESE PRESENTS: That we Cedars Healthcare Group, Ltd. dba Cedars Medical Center, 1400 NW 12th Avenue, Miami, Florida 33136 (hereinafter referred to as the "Principal"), and American Casualty Company of Reading, Pennsylvania a Surety Company authorized to do business in the State of Florida, (here- inafter referred to as the "Surety") are held and firmly bound unto The City of Miami, Florida, (hereinafter referred to as the "City") in the penal sum of Fifty-eight thousand six hundred sixty-five-- Dollars ($.58,665.00 ---- — --- ) for the payment of which we bind ourselves, our successors and assigns, for the faithful performance of a certain written Agreement dated the C JJ�&1 TL day ofyr19- tendered by the Principal to the City for the construction of certain improvements as listed and described upon the Estimate of Cost attached to said Agreement as Exhibit "B" thereto, and any engineering and legal fees or contingent costs and damages, said improvements to be constructed in a certain subdivision known as Cedars Park, Tentative Plat 1547-A a copy of which said Agreement is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the Principal shall in all respects comply with the terms and conditions of said Agreement and shall in every respect fulfill his obligations thereunder, this Bond shall be considered complied with; otherwise, it shall remain in full force and effect. In the event that the Principal shall fail or neglect to fulfill such obligations, the Surety covenants and agrees that within thirty (30) days after receipt of written notice form the Director of the Department of Public Works of the City of the Principal's failure or neglect as aforesaid, the Surety will construct or cause to be constructed the improvements set forth in said Agreement; provided that, if the Director of the Department of Public Works of the City so elects, the Surety will pay to the City the sum estimated to construct or complete the improvements set forth in said P/B Exhibit "C" ® 0 g 2 of 3 ACreement, said sum to be estimated by the Department of Public Works of the City, and will pay to the City any engineering and contingent costs, and any damages direct or 'indirect, not to exceed twenty-six (26%) thereof, plus reasonable attorneys' fees which the City may sustain on account of the failure of the Principal to carry out and execute all of the provisions of said Agreement; provided further that the City Commission of Miami, Florida, shall have the right to construct or cause to be constructed, after public advertisement and receipt of bids, the improvements as provided for in said Agreement, and in the event that the City Commission of Miami, Florida, exercises such right, the Principal and the Surety shall be jointly and severally liable thereunder to pay the City the final total cost of said improvements, together with any engineering and contingent costs, and any damages direct or indirect, not to exceed twenty-six (26%) thereof plus reasonable attorneys' fees which the City may sustain on account of the failure of the Principal to carry out and execute the provisions of said Agreement. o U - 4 P/B Exhibit 11C11 Page I of I IN WITNESS WHEREOF, the parties hereto have caused this Performance Bond to be executed in triplicate this x22md25thday of May A. D. %%) 2000 WITNESSES: Principal (Individual) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) AT S Cedars Healthcare Group, Ltd. dba Cedars medical Center --r'----gedretary Principal (Corporation) David Denson, Asst. Secretary on behalf of Columbia Hospital Corp. of Central Miami (Corporate Seal)as general partner of Cedars Healthcare Group, Ltd. Vice President Howard K. Patterson secretary Principal (Corporation) Cqrpor.ate Sal) e President (Surety Seal) American Casualty Company of.Reading,- Pennsylvania Surety ACCEPTED BY SURETY this is 22nd day of May j� 20WBy Its I%ttorney-in-Fact Irnia Estes, APPROVED AS TO FORM AND LEGALITY VALLIS OF TENNESSEE, INC NASHVILLE OFFICE 26 CENTURY BOULEVARD NA611r-4 City Attorney Address Countersigned By; aures W. �Dunn, �236080664 POWER OF ATTOrwY APPOINTING INDIVIDUAL AWRNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called 'the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Martha Fish, Alan J. Wormer, David E. Armstrong,Bettye J. Brown W. Robert Medling Jr. Michael B Mattox Irma Estes Individually of Nashville, Tennessee their true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 20th day of August 1999 CASCONTINENTAL CASUALTY COMPANY �tih� tT t�PE WSURq�cF ^ c"r0` NATIONAL FIRE INSURANCE COMPANY OF HARTFORD NPORAT <1 ,y AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA °° F o`cRtoagttn 2 � � JULY 31. G �J SEAL `c i � e 1902 � 1897 MAf11F • Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 20th day of August 1999 , before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument, that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ♦♦♦•ooe000000000♦oeoee000eoe ♦ 'OFFICIAL SEAL' e DIANE FAULKNER ►ioury Pubk, &at• of Illinois Q • My Conwnission 6pim 9117/01 � 2♦•��♦♦o♦♦♦s♦♦♦s0000♦♦♦s♦♦♦o My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still inforce. In testimony whf e f I Pave hereunto subscri ed my name and affixed the seals of the said corporations this p n ay of �_ 1 CONTINENTAL CASUALTY COMPANY �tyCW�r} \PE 114SU44+c NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA oowoatrE ; �1�carw4T`v a J SEAL t JULY 31, 1902 � 1897 MAq�O' • Mary A. Ribikawskis Assistant Secretary (Rev,10/1197) GO0170 orizing By -Laws and Resoluti ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in.the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power ;o bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact.' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive. Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attomeys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." Q � 104; COVENANT TO RUN WITH THE LAND WHEREAS, Cedars Healthcare Group, Ltd., a Florida limited partnership (hereinafter referred to as "the Owner" and including assigns and successors in interest thereof, where the context so requires or admits), is the present fee simple owner of a subdivision entitled Cedars Park, as recorded in Plat Book at Page of the Public Records of Miami -Dade County, Florida; and WHEREAS, the City of Miami, a municipal corporation in the State of Florida, in the County of Miami -Dade (hereinafter referred to as the "CITY"), pursuant to Chapter 54, of THE CODE OF THE CITY OF MIAMI, FLORIDA, requires the OWNER to construct or cause to be constructed at no expense to the CITY, the following improvements within the area and/or on the streets abutting said subdivision: [See Exhibit "A" attached hereto]; and WHEREAS, the OWNER asks to be relieved of its obligations to construct the aforementioned improvements at this time, and in consideration of the forbearance of the CITY it agrees with the CITY that it will at its own expense construct the aforementioned improvements at such time in the future as it is notified by the CITY that the aforementioned improvements are necessary or desirable: NOW, THEREFORE, in consideration of the premises herein set out, the OWNER hereby covenants and agrees with the CITY to construct or cause to be constructed at the expense of the OWNER and without cost to the CITY, the aforementioned improvements within the area and/or on the street right-of-way abutting the aforesaid subdivision, upon thirty (30) days written notice from the Director of the Department of Public Works of the City of Miami, Florida, addressed to the OWNER at c/o Gina Diaz, Vice President, 1400 N.W. 12th Avenue, Miami, Florida 33136. A 6 007.133199.1 It is expressly agreed that this obligation shall be binding upon the OWNER, its successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid subdivision or any portion thereof. In the event that the OWNER or any future fee simple owner of any lot in said subdivision shall fail to cause the aforementioned improvements to be constructed within the area, and/or in the street right-of-way abutting the property platted as herein provided within thirty (30) days after the mailing of the written notice from the Director of the Department of Public Works of The City of Miami, Florida, then the City Manager of The City of Miami, Florida, shall act as agent of the OWNER or any fee simple owner of any lot or parcel described in said written notice, which agency is hereby specifically created, and said City Manager shall cause the aforementioned improvements to be constructed at the expense of the OWNER and the amount of such construction cost shall be declared and established as a lien on the property of such defaulting OWNER and enforced as any lien for materials furnished and work and labor done, as provided under the Statutes of Florida. IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed this p>ecAr14 day of Q AD, 2000. OWNER: ATTEST: 0� 1 4� "n� Ax -t Secretary 007.133199.1 CEDARS HEALTHCARE GROUP, LTD. a Florida Limited Partnership, By: Columbia Hospital Corporation of Central Miami, a Florida Corporation, as General Partner By: Wil -!_— Its Vice -President -2- • CORPORATION FORM v IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its proper officer(s), and its corporate seal to be affixed hereto and attested to by its Secretary, the day and year first above set forth. CEDARS HEALTHCARE GROUP, LTD., Signed, Sealed and Delivered a Florida Limited Partnership In the Presence of: .%: WITNESS ZzJ19 764m PRINT NAME By: Columbia Hospital Corporation of Central Miami, a Florida Corporation, as General Partner wez"$J4�� �.-- Its Vice President bA%57 1R1� 217 PRINT ADDRESS/ 1/9,sHlllzz �W , %T03 CITY, STATE AND ZIP CODE J ATTEST: ITNE c\ r ,-AWe \ \ 1 Dw- Qas - Ms --t- A6W (1` . TIJ 3*7743 PRINT ADDRESS CITY, STATE AND ZIP CODE STATE OF TENNESSEE COUNTY OF-bQU% aSbr% ARY CORPORATE SEAL I hereby certify: That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, �\bw� c a Y(. QOM rSp� and "5Qy�\ a `0r-"5b'N and Q,ss ts-�a 5 ectc �a,t�_ respectively ofd Ll,lpet� �Oi� Coteora��on, a corporation, who are(is) pas nally�own to me or whoC�e�1,'�� . have (has) produced and respectively as identification and who executed the foregoing instrument and acknowledged the execution thereof to.be 7 Q 1 t (Z- free act and deed as such officer(s) for the purposes therein expressed and who4444did not) take an oath. 007.133199.1 -3- �g � "�• 4;, Fi n 11 J� n I hereby certify: That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, �\bw� c a Y(. QOM rSp� and "5Qy�\ a `0r-"5b'N and Q,ss ts-�a 5 ectc �a,t�_ respectively ofd Ll,lpet� �Oi� Coteora��on, a corporation, who are(is) pas nally�own to me or whoC�e�1,'�� . have (has) produced and respectively as identification and who executed the foregoing instrument and acknowledged the execution thereof to.be 7 Q 1 t (Z- free act and deed as such officer(s) for the purposes therein expressed and who4444did not) take an oath. 007.133199.1 -3- �g ® 0 Witness: My hand and official seal thi&)rl day of `(YND, , A.D., 2000 Signature of Person Taking Acknowledgement: &QN7!, �' � • C v��c.Z Print Name of Acknowledger: W �� �r'� SSS �.. �.._ Notary Public, State ofoil ,`��.aO•••..:iF��2,,' Serial Number (if any): ?S• 2 _ c 'Clt :? % t�a My Commission Expires: •• �`�,; .�G��r APPROVED: • • "' • • DIRE OR OF PUB IC WORKS THIS INSTRUMENT WAS PREPARED BY: 457 -'0�1el,4ZAzi A��a4l'o' APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 007.133199.1 -4- 6-0- 612 EXHIBIT "A" The construction of street improvements consisting of curb and gutter, pavement and drainage -on NW 16 Street and NW 17 Street immediately adjacent to CEDARS PARK subdivision. 610- 6�2 CERTIFICATE I, DAVID DENSON, the duly elected and qualified Assistant Secretary of COLUMBIA HOSPITAL CORPORATION OF CENTRAL MIAMI (the "Corporation"), do hereby certify that by unanimous written consent of the Board of Directors dated April 18, 1999, the following resolutions were unanimously adopted: WHEREAS, Cedars Healthcare Group, Ltd., a Florida limited partnership (the "Partnership") is the owner of the following described property: Lots 1 through 11, inclusive, less and- excepting therefrom that Easterly part acquired and used for street widening purposes; also Lots 12 through 26 inclusive; Lots 37 through 49 inclusive, all in Block 5, of Braddock Subdivision No. 4, recorded in Plat Book 3, Page 61, of the Public Records of Dade County, (the "Property"). WHEREAS, the Corporation is the general partner of the Partnership; and WHEREAS, the Partnership desires to make application for a Special Exception ("Application") from the Zoning Ordinances and Codes of the City of Miami, and to replat the Property and such other approvals as are necessary to maintain the Property for parking and related purposes; and WHEREAS, the Application and all affidavits, petitions and other documents required to be executed and submitted in connection therewith are hereinafter referred to collectively as ("the Application"); and WHEREAS, the Board of Directors of the Corporation deems it to be in the best interests of the Corporation and as general partner of the Partnership that the Partnership replat and rezone the Property; it is therefore RESOLVED, Howard K. Patterson, as Vice President and Dora A. Blackwood, as Assistant Secretary of the Corporation, or Gina C. Diaz or William P. Sklar, are hereby 007.131625.1 _ 1 authorized and directed to execute such documents on behalf of the Corporation as general partner of the partnership to accomplish the replatting of the Property in the name of the partnership and to perform such other acts as are necessary or appropriate; and it is further RESOLVED THAT, Gina C. Diaz and William P. Sklar, are hereby authorized to take appropriate steps and actions to submit the Application on behalf of the Corporation as general partner of the Partnership. FURTHER RESOLVED, that any actions taken by any authorized officer of the Corporation, Gina C. Diaz, or William P. Sklar, prior to the date hereof which would have been authorized hereby except that such actions occurred prior to such date be, and each thereby is , ratified, confirmed, approved and adopted. I further certify that the above resolutions have not been modified, revoked or rescinded and are in full force and effect this � 94\ day of April, 2000 -- J, I j �L VID DENS6N ASSISTANT SECRETARY 007.131625.1 -�`- U 1 AFFIDAVIT OF PARTNERSHIP STATE OF TENNESSEE ) )SS: COUNTY OF DAVIDSON ) BEFORE ME, the undersigned authority, personally appeared HOWARD K. PATTERSON, who being by me duly sworn on oath, deposes and says: 1. The undersigned is the Vice President of Columbia Hospital Corporation of Central Miami, a Florida Corporation. 2. That as of April 7, 2000, Columbia Hospital Corporation of Central Miami, a Florida corporation, (the "Corporation" or "General Partner") is the sole general partner of Cedars Healthcare Group, Ltd., a Florida limited partnership (the "Partnership"), pursuant to that certain amended and restated Agreement of Limited Partnership of Cedars Healthcare Group, Ltd., a Florida limited partnership, dated February 16, 1993 (the "Partnership Agreement"). 3. The Partnership Agreement remains in full force and effect. 4. The Partnership is the owner of that certain property described below which is the subject of a Special Exception granted by the City of Miami, County of Miami -Dade, Florida on December 14, 1999 for parking use thereof and platting of said property: Lots 1 through 11, inclusive, less and excepting therefrom that Easterly part acquired and used for street widening purposes; also Lots 12 through 26 inclusive; Lots 37 through 49 inclusive, all in Block 5, of Braddock Subdivision No. 4, recorded in Plat Book 3, Page 61, of the Public Records of Dade County, (the "Property") 5. That all appropriate action has been taken in accordance with the Partnership Agreement, Articles of Incorporation and Bylaws of the General Partner to authorize the application for special exception for parking use and platting the Property. 00-- 612 007.1 16079.1 -1- 6. That, pursuant to the Partnership Agreement the General Partner is hereby authorized to execute and deliver to the City of Miami and all agencies thereof (the "City") any and all documents requested by the City, or necessary and appropriate in order the accomplish the platting, obtaining of the referenced Special Exception and such other related governmental approvals as are necessary, pursuant to all applicable Ordinances and laws of the City for the Property. 4,4ZP.4, Howard K. Patterson SWORN TO AND SUBSCRIBED before me this4 day of April, 2000, by Howard K. Patterson, who is the Vice President of Columbia Hospital Corporation of Central Miami, a Florida corporation, on behalf of the corporation which is the General Partner of Cedars Healthcare Group, Ltd., a Florida limited partnership, on behalf of the Partnership, who is personally known to me. 004,141110 SN ;�;•° C® Notary Public (NOTARY SEAL) •.O % My commission expires: NOTARY ® PUBUC ° AT • y :• LARGE ""'ON.COU010 007.116079.1 -2- GO -- 612 UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS OF COLUMBIA HOSPITAL CORPORATION OF CENTRAL MIAMI The undersigned, being the Board of Directors of COLUMBIA HOSPITAL CORPORATION OF CENTRAL MIAMI, a Florida corporation (the "Corporation"), do hereby unanimously consent to the following actions by and on behalf of the Corporation: WHEREAS, Cedars Healthcare Group, Ltd., a Florida limited partnership (the "Partnership") is the owner of the following described property: Lots 1 through 11, inclusive, less and excepting therefrom that Easterly part acquired and used for street widening purposes; also Lots 12 through 26 inclusive; Lots 37 through 49 inclusive, all in Block 5, of Braddock Subdivision No. 4, recorded in Plat Book 3, Page 61, of the Public Records of Dade County, (the "Property"). WHEREAS, the Corporation is the general partner of the Partnership; WHEREAS, the Partnership desires to make application for a Special Exception ("Application") from the Zoning Ordinances and Codes of the City of Miami, and to replat the Property and such other approvals as are necessary to maintain the Property for parking and related purposes; and WHEREAS, the Application and all affidavits, petitions and other documents required to be executed and submitted in connection therewith are hereinafter referred to collectively as (the "Application"); and WHEREAS, the Board of Directors of the Corporation deems it to be in the best interests of the Corporation and as general partner of the Partnership that the Partnership replat and rezone the Property, it is therefore RESOLVED, Howard K. Patterson, as Vice President and David Denson as Assistant Secretary of the Corporation, or Gina C. Diaz or William P. Sklar, are hereby authorized and directed to execute such documents on behalf of the Corporation as general partner of the Partnership to accomplish the replatting of the Property in the name of the Partnership and to perform such other acts as are necessary or appropriate; and it is further i0 1,1 007.132463.1 RESOLVED THAT, Gina C. Diaz and William P. Sklar, are hereby authorized to take appropriate steps and actions to submit the Application on behalf of the Corporation as general partner of the Partnership. FURTHER RESOLVED, that any actions by any authorized officer of the Corporation, Gina C. Diaz, or William P. Sklar, prior to the date hereof which would have been authorized hereby except that such actions occurred prior to such date be, and each hereby is, ratified, confirmed, approved, and adopted. Dated this t D day of April, 2000 J N M. PRANCK II R. MILTON JOH N A. BRUC RE 3 00-- 612 I Opinion of Title To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, FLORIDA, in compliance with Section 55-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that we have examined the Title covering the period from the beginning to May 26, 2000 @ 11:00 p.m., inclusive, of the following described real property: A PORTION OF EACH OF LOTS 1 THROUGH 11 INCLUSIVE, LOTS 12 THROUGH 26 INCLUSIVE, AND LOTS 37 THROUGH 49 INCLUSIVE, BLOCK 5 "BRADDOCK SUBDIVISION NO. 4" AS RECORDED IN PLAT BOOK 3, AT PAGE 61 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. TOGETHER WITH THE 10.00 FEET WIDE ALLEY THAT LIES ADJACENT TO LOTS 1 THRU 11, LOTS 12 THROUGH 24, AND LOTS 37 THROUGH 49, BLOCK 5, "BRADDOCK SUBDIVISION NO. 4" AS RECORDED IN PLAT BOOK 3 AT PAGE 61, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 26, THENCE N 90°00'00" E ALONG THE NORTH LINE OF THE AFORESAID BLOCK 5 FOR 479.44 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO RIGHT HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91057'40"; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 40.13 FEET TO A POINT ON THE WEST LINE OF NW 14TH AVENUE; (THE NEXT THREE (3) COURSES ARE ALONG THE WEST LINE OF NORTHWEST 14TH AVENUE), THENCE S 01-57'40",W FOR 0.64 FEET; THENCE S 01°14'26" W FOR 221.23 FEET; THENCE S 00002'23" W FOR 14.02 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 89°58'42"; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT ON THE SOUTH LINE OF THE AFORESAID BLOCK 007.133521.260 5; THENCE N 89°58'55" W ALONG SAID SOUTH LINE OF BLOCK 5 FOR 423.24 FEET TO THE SOUTHWEST CORNER OF THE AFORESAID LOT 37, THENCE N 00-16'15" W ALONG SAID WEST LINE OF LOT 37 FOR 148.19 FEET TO THE SOUTHEAST CORNER OF LOT 25; THENCE S 90000'00" W ALONG THE SOUTH LINE OF THE AFORESAID LOTS 25 AND 26 FOR 50.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 26; THENCE N 00016'15" W ALONG THE WEST LINE OF SAID LOT 26 FOR 138.36 FEET TO THE POINT OF BEGINNING. Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: CEDARS HEALTHCARE GROUP, LTD., a Florida limited partnership GENERAL EXCEPTIONS: Subject to the following encumbrances, liens, and other exceptions: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 6. Holder of Mortgage None 7. Restrictions, conditions, reservations, easements and other matters contained on the Plat of Braddock Subdivision No. 4, as recorded in Plat Book 3, Page 61, of the public records of Dade County, Florida. With respect to the reversionary rights relative to the vacation and closure of certain alleyways located on the above-described real property, it is the opinion of the undersigned that with respect to those parties having reversionary rights being the surrounding property owners of the subject alleyways to be vacated and closed, the only party holding such reversionary rights is Cedars Healthcare Group, Ltd., a Florida limited partnership. Such opinion is based upon Florida Statutes §177.085 (1997) . Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant CITY OF MIAMI, FLORIDA and the public, a 007.133521.2 —2— i}; ()' e4 good and proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as CEDARS PARK. Name Cedars Healthcare Group, Ltd. Interest Special Exception Number Fee Simple I, the undersigned, further certify that I am an Attorney at Law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 6th day of June, 2000. FOLEY & L RDN R By: William P. Sklar 777 South Flagler Drive, Suite 200 West Palm Beach, Florida 33401 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 6th of June 2000, by William P. Sklar, who is personally known to me or who has produced as identification and who &- (did not) take an oath. ���z5zj"/ Name: Notary Public -State of Florida Commission No.: My Commission Expires: *s�v' Tracey L Dube �: MY COMMISSION # CC884510 EXPIRES BONDED t&Y 1$ 2001 THRU TROY FAIN M13UMNCE W� -3- s�_ ''� �' 612. 007.133521.2 �' � CITY OF MIAMI FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE: C . „ FILE: Members of the City Commission SUBJECT: CEDARS PARK: Resolution Accepting Proposed Record Plat Located along NW 14 FROM: REFERENCES: Avenue between NW 16 a e ez Street and NW 17 Street ity Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt a' resolution accepting the plat CEDARS PARK and approving recording the same in the Public Records of Miami -Dade County,.Florida. BACKGROUND: The Department of Public Works has reviewed this. plat, and has determined that it is now in order for acceptance by the City Commission. The..proposed record plat entitled CEDARS PARK is a replat of a portion of each of Lots 1 through 11, Lots 12 through 26, and Lots 37 through 49, Block 5, "Braddock Subdivision No. 4", as recorded in Plat Book 3 at Page 63 of the Public Records of Dade County, Florida, and a portion of the 10 -foot wide alley of said Block 5 lying adjacent to said Lots 1 through 26 and said Lots 37 through 49, all lying in Section 35, Township 53 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one tract containing 3.12± acres. It is zoned R-4'. Also attached are the following documents necessary for the City Commission to consider in making their decision. 1) Resolution accepting the Plat 2) Engineering Report 3) Plat and Street Letter 4) Print of Proposed Record Plat CAG/Zr3/p �� KRgy/J c: John H. Jackson, Acting Director, Public Works Department 00 BEII 6 A REPLAT OF A PORTION OF EACH OF LOTS 1 TI IROUGI 111, LOTS 12 THROUGH 26, AND LOTS 37 THROUGH 49. BLOCKS,"BRADDOCK SUBDIVISION N0.4; PLAT BOOK 3, PAGE 6� PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND THE 10.00 FEET WIDE ALLEY THAT IS ADJACENT TO LOTS 1 THROUGH 11, LOTS 12 THROUGH 24, AND LOTS 37 THROUGH 49, BLACK 5, "BRAVCK SUBDIVISION NO 4; PLAT BOOK 3, PAGE 61, PUBLIC RECORDS OF DADE COUNTY FLORIDA. ALL I ` ING IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. PPEPAFN M .;]. f. (, LN6MECRnL "FIT, A", m: GINI § I G, PI ALMA Fl+N""I", NJllet`I'1N, PTHN, k MepFIIHN ]NA hANWL THIN, YJ3f 4 NA] IjoLs F "S3, uGla ;Jas eL-PA;S llAXGI MAIN NCAS HI i" -lei 3 AfNT(ltF I NOD I F I A 2N0 '.rA.:.....— SL E IL'p' 1 Rea 15T FI> R K I u 511-%4. NW 1/4Sf IIGN 15 53-4' > CITY )f IdL4Ml, MINdI DADE COUNTY', FLORIDA { a F4 rb, ® 1 1 RW. ii STREET rNEC-0RNER I `! 'III Nw leln Eslfr�r f IT C 1 z i1 L 00 C22o[4244' i I t o I'I TIMu NFr_T___- �61) 0 D 41 32 o� _ 3� F4 I 11 L JW 39 40 �. �.a IN -- I Nm, i n, liu uIn S HS oN Lrle fo i \ D, NI wIN� Z NI - 'I NW. 14 STREET fl- I PnL III N �f i�iNBDI1J I -,1j .W U111Cf �I -- NI 5 CA Lk 51 NJIIA�4 C SII i AWl4 SRS, ]5YFI .E� to N Ts sr4 _ ETI 4JIHCk utlD PA61JN Ic i}6) TL?I B Ili -20; ( Il OL6 NIHLI NS 71 NH4 0 b 1 ��L'�rl hD{I; AI ._.. n, su 121 A HLS A\ T �..... ST� F14T-�A I �L-.... �.. ff3 f1) 'D'vniE RUD.10 ' OF TWO X , P AL1 R -115 L4f HIS Pw _ N — — W 17th STREET of �I IT �sw 4 r, Ip NW, � a II'I MRPJO'OEI Sm —'�._ C� t IjC1LAE "158 � 14.W 17th 01 ^ u NOD I F I A 2N0 '.rA.:.....— SL E IL'p' 1 Rea 15T FI> R K I u 511-%4. NW 1/4Sf IIGN 15 53-4' > CITY )f IdL4Ml, MINdI DADE COUNTY', FLORIDA { a F4 rb, ® 1 1 RW. ii STREET rNEC-0RNER I `! 'III Nw leln Eslfr�r f IT C 1 z i1 L 00 C22o[4244' 41w CUHNE° 0 A "C,IILF VIaV FAR,` I'I TIMu NFr_T___- Sw 1Aa RN I4i LN 0 I IN41 � NIE sJ" IO O 1a1Ji W �.a IN I. 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OF THE IJBI.II RECORDS JI IIE TOURIST, IL P[A, :ERIN ACRE PIRTICILDMI [ RIND 4D- r [ OWE BE IN AT 1- IAFIT h -JPII R M= SAI LOT 1IOFROD'OI LUNO Ii N IH NI LE TI AFOf2CPI011J Ho'N'04 HEI 0 6L POINTIF CUMAILNL r Il A MvE T, FICRT RAMINC FIR E DEH- AINAF I _ 0 A "C,IILF VIaV FAR,` r 2t W M F' W A CENT11 TNA E' OF 11`AS" IELKE EAEMPLY 1% SOITEFRI v ALINE 111, � ii NN � 'II -71) W �.a Nm, rl liu 4 IR o n Z NI - 'I NW. 14 STREET fl- Z_ I -,1j .W U111Cf �I -- - 5 CA Lk 51 NJIIA�4 C SII i AWl4 SRS, ]5YFI .E� to N Ts sr4 _ ETI PXlLF GAS'4'1 TTF AN ARC INIIAV,E L 40 IJ ILEI P A POM CN HE 'REST LEE A SERV H, A EHHE (TIE N'7 THREE (} ON15 ARE ALONG INE TREY JNA OF 4SI III A SHOP) r aCE 5015)A0W FE I,W I:Ei; ELSE SRI '14"15'1 FOR C2 23 FST, 11- S SOULS, 2' 1 flR 14.ef R: Ili ME FiIII MF GURVoTJRE uA A I'LUUR 1111 10 THE HEFT IFsll3 KR D LL:kFVO A F, LTU' OTE 2,515', FE ill A P(N?AL NO E ST WWI' IMT FIT Mi AND LIESS I MILL MINI 1N[ AAJ JF AD ul NL TOR 4N AFS', ESINEE OF lN11 OIL I ISHT 01 TIIE OIIM LIN[ H I L A1?1P.EA1D DL . 3I1n , N N4 NA THI HALO SG 11 LIEOF BLOT I1FOR 42+21 TCI' TO THE SijyEF CORNER ,IHE A ,,,) E - OSE PENCE Nj0'16 ISN AI'NN0 SAID REST III OF L07 :S ON H8.1N HEI "J HE 5'W LEST C(FNLR OF LOT 25; IF EU NP TOCO051 MJNC, 11 E NI,TN .INE OF TIIE AT T+��AC f. ,_ ,SHOT 20 F'JR 5r, CO FE- 10 IIIE I I JTHK ST WIRNLI; NF 5AD I;T 26' IHFNCE NUJ' li II'"A 11HIHO TN= W E ..INE O1 :ALO lid 26 FIF 08,38 FCL' IS 'IF DEST W 3EIiMMNM, IN W'iTNESS WHENEOF I A' CE3UO IIFASKIF LTL 1 F 111 MOLL ARTNRIrD IAS LA15EC TIE A7IA 11 ELSIN f ON T iTAITM D'SCF; -NWL Pa,R?IIH, JIIMII HI IITAL;,. UPAI N OF C_'NTRA_ DOCII, f. FIL1101 '7RVAVn3N, 1 til---IAr 11 [OAT Ad. �OGo. PLAT BOOK N. PAGE _6W'w SHEET 10F 2 SHEETS —.} AS NOLR CENE444 PoRTAea aF 11-5 'ifAlo -ARE Alk..P LTn„ A "L R,,pA L,mlTwp UrNeRSNII? i!9q PAlE L&Ew AS of 7EVNLS: E yA, 16,11 IF FAVIrE, HEHEM GERMY THAT IN INS ?A.' FEP -NAHY APPPARED BENS_ ME. AN MI(I:Hi OUI i A, HoWIF, I FOYIl A''IS AAC SEAN= µkNOWIEDOEIA:NTA WARP I: PAHLN NIPE PS-SDLNI AND �JFGABIace _ S3FAIH SFCREIART OF CONK 1103D RL fARIALWHIN GF CENIFA EI AMI. HIDA %R'DITAR NyW1C LSEUTED I FOFE M G m'HOI A D k, EDN THE EAOUTDO MDRLHE 1, HE THEIR FR:E N,I ANN DI as UCH OfT'CFAS 1.P OND PURPTCHO THIRST AFRE5-.G AND hHfi To EC- L OF IAII uMF.3 Or HARD AND OFFICIAL SFEL H 15 CAS OF AA', AJ SWO. IFEYES OHE 'ACKNOALED R ol'11.f N y/AISOH7 NODES ERiL, [Ali ET c -FIRE nJaB t�F_;A _SAN ��025; Nfl.DNIMISL .:FIRE)-.. V '�dILaLt�1 ''pr,f rW� ll / io9. y,r 4 W�44 two„� CITY OF MIAMI APPROVALS NNIS G TO CEPI1 IIET THE PIT APP IS ] CONI 01M TO A RFCI RESENTS ' EWER 55 @ 11 E 01 OF ll yI��j]L AID CHI 29 ] ME MIAMI- LSOL LDJNfl COO F :E EHL- -O F �`(Al I , I, , SOIL. C u vaN FDPo ELI: IttYVi,s DNPAy(MENI IS AT All N,7 hESD[T IN A PELLG j,, 1, HE I M CF SE IES FOA IN'1}t t 'VJ ICF IIT EELTO TI Ik t JI 'ETI-- PRQ LEL IN THE I% ITIS C 1 FENIN6i E PIAN FILM[- IT WS Air1 EL ryp ML : CEDARS PARK BEU4u A REPLAT OF A PORTION OF EACH OF LOTS I I HROUGH 11, LOTS 12 THROUGH 26, AND LOTS 37 THROUGH 49, BLOCK 5, "BRADDOCK SUBDIVISION NOMI, PLAT BOOK 3, PAGE 61, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND Il THE 10.00 FEET WIPE ALLEY THAT IS ADJACENT TO LOTS 1 THROUGH 11, LOTS 12 THROUGH 24, AND LOTS 37 THROUGH 49, BI-OCK5,'BRADDOCK SUBDIVISION X0.4", PLAT BOOK 3, PAGE 61, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. ALJ, LYING IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA. PE NI COF Y.", zNFSCER N IILsnli Ni. IJILLrM 1NLNW EW,,IILULH g SL N LWNNIIG d NqF II 0j WWAY NRA �NIII 05 IdliNl AILS rLIMIGA 31014 (.1 est-vw 3G91'H;C 3C9LL yy � y,�111i Irl.__. o - r r; In1ePr1 I o�n-ao n n FO IS ____ FSItIlOd nR -T11ITN _� HE C YNER —5NI, ,� "� N.W.17th ST. t il;.-ML "P � � T SES 3t tj ,1 �I .._. oc 03'ff'E aII _ Imo LIWIS CF PIAT-� d JI 4 4`11 B OC'fi' L � D1 1Q5T'VI R�1 LI LL'lII � 7i 7 S4 tJ J V W C` P F �V / ;A z,I ,,> WN. �+ 11 Q \, �Y" I $- \\ o- Ell LI 1 tP J N %Rl P0 11-71) NB3 lnW 'T NPO 773W �. _ Ness )p LIP IS U LAT � W 1 t,;I, e a L5'F, PN ) L _ fl'..NI. M- , T N.W. 16th ST. I Iv ' ';Ol.h'VIEIN FARti" z_1 w h � a L / n - z ` Q C Z N W 11A STFIE ET / Z L _ _ i1- IIRJcR _0 Rr1ER — o Al a nja 54114, NIDI/4 1A_t2 7710, �5 Y'-41 SELTIOIJ 1553-41 SURVEYOR'S SYMBOLS MJ Pk.M NL IJILS PCP14N;NT RLILILIk! HONI.NFNT RlP N IE I-RNHENT )NTN. PoINI Q N AES LENIER.INF R NIES Unum Ek III urNP E A mn F AN NUNjUDNl U. C N TL 1-01 104LR MIAMI DADE COUNTY PLAT RESTRICTIONS PLAT BOOK A PAGE -ifr SHEET2OF2SHEETS ILAY TdE TPE IS AN j Rd NOE AIC AL o AS SHCI1'r ON ThE Al1P-FE¶ PIA. —11 FR N, ld a XI NIG AND FLINRE PI NF :, TTF, 1A—fNC T, TWSTF PERU, NOR L' "OECTh )IEE FLR`111 E4 PJDC PROPER IRP IS RESE;NING T THE L IC TION.. T I IR OR .SSYONS THE RFLFRYI JH R_'LPFI 4\ II I[RLJI, WH_NE EP C N71NUEJ B4 IAN HAT IN01' IDIML P E IA I NFT BE 'A IIED WHIR TIHI Udi) 4i FXCFPI. NP AJNING POI CFAl VXB IND/OR nfi ( 01 N.R_ Hi TIIE L E OF SEPTIC TANY.F MIL NV- _ PERNITTE) VATIIIN TNSIIBDIVSgj ONl- 5 4FLW L ION HIJPC�E?F SE N AC IRE�AK I U FAEU I"ANO/CF SAY -I II11$ Alli 411 N E t IFO,U ANP, CONN NI N INE'. EXCEPT h NSNLgN IN,, W14LIS _ O I W NN COAL BE INDIALLL INDEXkNNN). OWNER'S PIAT RESTRICTIONS: Tla RE IJILIIYLASENEV, IS SIHOIN Lr U LE III z IN THE TPLITT PO Y5E]f N IMF, CR -,IE INLT IIA ON PAI LAIN OF TOOJrT IIRNTIE,. RECORDING STATEMENT IIIFII CN REf k0 S EI- SAY L I 10Q. D p. Z.0 )9 ?N 1 Rw'156 TF RIS AT FA,E¢�,' LI OR FLET; P S lT NW, FADE JNTr 1 Fled THIS UT ANY IES Mid -hE IAe OF Td; „fnfC Oi F.t,NIDI, ),N. MAXI IIAID, COUNT1 IWMI, -NEVE, RI ININ ;IIRK OF K NIR;;J I C'OR I r '404050472143 I uwu cLPR v