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.
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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.
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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
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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,
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OWNER'S PIAT RESTRICTIONS:
Tla RE IJILIIYLASENEV, IS SIHOIN Lr U LE III z IN THE TPLITT PO
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RECORDING STATEMENT
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