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HomeMy WebLinkAboutR-99-0764J-99-804 9/16/99 RESOLUTION NO. "' t A RESOLUTION, WITH ATTACHMENTS, OF THE MIAMI CITY COMMISSION ACCEPTING THE PLAT ENTITLED "WYNWOOD TOWER," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIGNS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADS COUNTY, FLORIDA. WHEREAS, the Department of Public Works recommends the acceptance of the plat entitled "WYNWOOD TOWER"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled "WYNWOOD TOWER," is a replat 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 Plat and Street Committee as set forth in 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 A TTA C H ME ?�J 7!r'", C a N w 'v Cm commsrov n r T 1 2 1999 4;a:K,tulivu lVo, QJ Miami, Florida. Section 2. 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 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this _1_2_th_ day of October , 1999. JOE CAROLLO, MAYOR An accordance with Miami Code Sec. 2-36, since the Mpynr did not indiratn annrrn?nl of this legislation by signing it in fil ' do 51g0: ti'C' CA ' 7 becomes effective with t`e elsp e, of ten m(i CVgV'C"'_ regarding sae, without the mayor /erciri `• J ATTEST: J. WALTER J. FOEMAN CITY CLERK APPROVED` AS O FORft�CORRECTNESS :�' ,E DRO VI 3 ELLQ CI'l' ATTORNE'? /3"-/'6 1 : GMM: e i j !j 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. r L. Attachment 1 1 Lots 1, 2, 3, 4, S, 7, 8, 9, 10, 11 and 12, Block 13, of EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Dade Counh-, Florida; AND A portion of the alley in Block 13 of EDGEWATER, according to the plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of Lot 7 in said Block 13; thence S00°08'18"E along the Easterly line of Lots 8, 9, and 10 in said Block 13 for a distance of 150.16 feet to the Southeast corner of said Lot 10: thence N89°58'37"«' along the South line of said Lot 10 for a distance of 111.20 feet to the Southwest corner of said Lot 10; thence South for a distance of 10.00 feet to the Northwest corner of Lot 12 in said Block 13; thence S89"58'37"E along the North line of Lots 12, 11, 2 and 1 in said Block 13 for a distance of 231.55 feet to the Northeast corner of said Lot 1; thence N00°01'49"«' for a distance of 10.00feet to the Southeast corner of Lot 3 in said Block 13; thence N89°58'37"«' along the South line of said Lot 3 for a distance of 110.34 feet to the Southwest corner of said Lot 3; thence N00008'18"«' along the West line of Lots 3, 4, and 5 in said Block 13 for a distance of 150.16 feet to the Northwest corner of said Lot 5, thence N89°57'43"«' for a distance of 10.00 feet to the Southeast corner of said Lot 7 to the Point of Beginning. L t t r a F 1 QT fij 0 f .. t�xttt March 15, 1999 Wynwood Tower Apartments, Ltd. 2665 S. Bayshore Drive, Suite 202 Miami, FL 33133 Ladies and Gentlemen: WYNWOOD TOWER - NEW TENTATIVE PLAT #1543 ? J/ The City of Miami Plat and Street Committee, at its meeting of March 4, 1999, 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. in the location sketch, crosshatch all areas to be included in the proposed plat. 2. indicate structures to be removed. Structures must be removed before final plat submittal. 3. At the northwest corner of the proposed plat, there is a building encroachment into the undedicated right-of-way. Please contact the Supervisor of Plats to address this encroachment. 4. Along the west line of the proposed plat, there are several encroachments into the undedicated right-of-way. These encroachments must be removed. 5. Provide curve data for proposed 25-foot radii on all tract corners. 6. The owner shall provide on his property suitable access from the closed end of the alley to the nearest public street. 7. An opinion of title as to reversionar/ rights will be required by the Zoning Board. The opinion of title must also address whether or not there are any individuals, in addition to the abutting property owners, having an interest in the rights -of -way to be closed and vacated. A copy of the opinion must be provided to the Public Works Department. 8. Are there any utilities in the alleys to be closed and vacated? If there are utilities, they must be relocated or easements provided. 9. Provide a tie to a sectional or fractional corner distance(s) and bearing(s). DEPARTMENT OF PUBLIC WORKS /444 S.W. 2nd Avenue/Miami, Florida 33130/(305)416.1200/Fax:416-:l153 Mailing Address; P.O. Box 330708 Mlami, Florida 33233-0708 F'') r Wynwood Tower Apartments, Ltd. WYNWOOD TOWER - NEW TENTATIVE PLAT #1543 March 15, 1999 Page two 10. In Surveyor's note number 8, the Zoning Ordinance number must be corrected to read "11000". 11. The Plat and street Committee has reviewed the proposed vacation and closure of the alleys as part of this plat and, subject to the owner providing on his property suitable access from the closed end of the alley to the nearest public street, finds that said closures meet the public interest requirements of sec. 55-15 of the Miami City Code. The Committee recommends that suitable access be a minimum 10 feet in width to match existing alley. In addition to the above requirements, you should be aware of the following: 1. 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. 2. 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 rnav be required on the property being platted. 3. 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. 4. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior to the issuance of a building permit. 5. 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. 6. 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. 109— 764 L E Wynwood Tower Apartments, Ltd. WYNWOOD TOWER - NEW TENTATIVE PLAT #1543 March 15, 1999 Page three j i If you have any questions concerning these requirements, please refer to the attached i sheet for the appropriate person to contact. sincerely, r i �. ames J. Ka , P.E. Chairman, Plat and street Committee 1 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, Wym000d Tower Apartments, Ltd., a Florida Limited Partnership thereinafter 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 1.-yI vod Tower 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, Letter of Credit or Cashier's Check; 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 00-- 764 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 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 Public 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 Letter of Credit duly executed by the (Bank) Northern Trust Bank of Florida , In the amount of $15,742.55 , which amount is not less that one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit V, 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 Letter of Credit shall be released. 19_ i'64 3. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement, the conditions of the said Letter of Credit shall be such that the (Bank) Northern TI aist Bak of Florida - 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 5 15,742.55 d. 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 Department of Public Works of the City, which shall include engineering and contingent costs and any damages direct or indirect, not to exceed twenty-seven (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 Letter of Credit 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 this `y/ / day of _ I11 9 , AD, 19 Signed, Sealed and Delivered In the Presence of: Owner: (SEAU (SEAU _ (SEAU Uhy od Tower Apartments, Ltd. , "; ATTEST: ,i% a Florida Limited Partnership !!� j BY: ANI-4 od Inc., a Florida Corporation, Secr ary, DAV 1D 0. DEUTGH Principal l (Corporation) a General Partnerar (Corporate Seal) Presiden MICHAEL D. WO L ATTEST: V;F; %,By: GMN-W1 nwoad, Inc., a Florida Corporation Sdcre rY, KQ HY RODRIGUEZ Huo�y/ Principal ( orporation) a General Partner SEA L (Corporate Seal) t' ,`if 4'✓� , ,/' `� PresidLInt, AGUST54 nnmfNGUEZ Approved and accepted on behalf of the City of Miami, Florida, this /S3 =z$- day of Sc. Z ',o A.D., 19 /. BY: _ D�Ot or, De pactm&t �,Pu lic Works S 1 ii r11 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) I Hereby certify: That on this day, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Michael D. LJohl and David 0. Deutch, President and Secretary respect-iveli who is `�) personally known to me or, who has (have) produced _ and _respectively as identification and who executed the foregoing instrument freely and voluntarily for the purposes thereon expressed and wh did.(did not) take an oath. �_ q_J_ Wit ess: My hand and official seal this _day f� 4LA.D., 19Signature of Person Taking Acknowledgment: ' Print Name of Acknowledges Notary Public, State of Serial Number: (if any) My Commission Expires v Ll68ETTECANTILLO r MY COMMISSION 100 569517 EXPIRES: September 8, 2= B=W ThruNdhvy Public UndeWttM APPROVED: Di TOR, DEPARTNf OF IC WORKS This Instrument Prepared by Department of Law City of Miami, Florida L STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE) I Hereby Certify: That on this day, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Agustin Dominguez and Kathy Rodriquez, President and Secretary of GMN-Wynwood, Inc., a Florida who is red ersonally known to me or who has (have) produced Corporation, — and as General respectively as identification and who executed the foregoing instrument freely Partner of and voluntarily for the purposes thereon expressed and who did (did not) take an Wynwood Tower oath. Apts., Ltd. Witness: My hand and official seal this `>" day off �� :,D., 19 � r) Signature of Person Taking Acknowledgment: Print Name of Acknowledger i { IC ✓ Notary Public, State of Serial Number: (if any) My Commission Expires M rht LISSETTE CANTILLO —1 EXPIRES: Septembor 6, M ?,n :1°•' tlorr W rnru Notary RUc lkx%tw ftsra APPROVED: (RECTOR, D ATM F PUBLIC WORKS This instrument Prepared by Department of Law City of Miami, Florida i EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and WYNWOOD TOWER APARTMENTS, LTD. FOR IMPROVEMENTS AT WYNWOOD TOWER LOCATED BETWEEN NE 2 AVENUE AND NE 2 COURT AND BETWEEN NE 23 STREET AND NE 24 STREET REMOVE APPROXIMATELY 573 SQUARE FEET OF EXISTING $ 573.00 CONCRETE SIDEWALK CONSTRUCT APPROXIMATELY 1,258 SQUARE FEET OF 4•INCH $ 3,774.00 NEW CONCRETE SIDEWALK REMOVE APPROXIMATELY 9 SQUARE YARDS OF ASPHALTIC $ 24.00 PAVEMENT REMOVE APPROXIMATELY 125 LINEAR FEET OF 6•)NCH $ 312.50 CURB AND GUTTER CONSTRUCT APPROXIMATELY 125 LINEAR FEET OF $ 1,250.00 6•INCH CURB AND GUTTER REMOVE APPROXIMATELY 35 LINEAR FEET OF CHAIN $ 105.00 LINKED FENCE PROVIDE AND INSTALL APPROXIMATELY 3,646 SQUARE $ 1,823.00 FEET OF SOLID SOD (INCLUDING SOIL AND TOP DRESSING) REMOVE FIVE (5) TREES $ 900.00 PROVIDE AND PLANT FOUR (4) PINK TRUMPET TREES $ 1,200.00 (TABEBUTA HETERO PHYLLA) PROVIDE AND PLANT ONE (1) MEXICAN FAN PALM $ 675.00 (WASHINGTONIA ROBUSTA) 10% CONTINGENCY $ 1,063.65 17% ENGINEERING AND INDIRECT COST $ 1,989.03 TOTAL ESTIMATED COST OF IMPROVEMENTS $13,689.18 AMOUNT OF LETTER OF CREDIT $15,742.55 (115 percent of the cost of improvements) 99- "Gil Northern Trust Bank of Flor'd 700 Brickell Avenue, Miami, Florida 33131-2881 Tel.: (305) 789-1300 Telex: I.T.T. 441180 R S.W.I.F.T. CNOR US3M IRREVOCABLE LETTER OF CREDIT NO. S997059 June 23, 1999 To: (Beneficiary) City of Miami Department of Public Works 44.4 S.W. 2nd Avenue Miami, Florida 33130 Gentlemen: By order and for account of Wynwood Tower Apartments, Ltd., C/O Ani-Wynwood Inc.- Managing Gen. Ptr., 2665 S. Bayshore Dr., #202, Coconut Grove, FI 33133, we hereby �f open our Irrevocable Letter of Credit No. S997059 in your, the beneficiary's favor for an amount not to exceed the aggregate of United States Dollars Fifteen Thousand Seven ri r Hundred Fortv Two and 551100 (S15,742.55), effective immediately and expiring at our office located at 700 Brickell .Avenue, Miami, Florida 33131, with our close of business on June 23, 2000. Funds under this Letter of Credit are available to you against your draft(s) drawn on us at sight, mentioning our Letter of Credit No. S997059. Each such draft(s) must be ' accompanied by your signed written statement reading as follows: "We hereby certify that Tosver at Wynwood Tower Apartments, Ltd. has failed to complete the improvements required by letter of of city of Miami before This Letter of Credit shall be valid until June 23, 2000 and shall thereafter be automatically renewed for successive one-year period upon such date unless at least sixty (60) days prior to any such anniversary date we notify you in writing to the City of Miami, Public Works Department Director, 444 S.W. 2nd Avenue, Miami, Florida 33130, that we elect not to so renew this Letter of Credit. Upon receipt by you of such notice you may draw hereunder by your drafts drawn at sight on us and accompanied by a statement signed by the Director of the Public Works Department to the effect that the aforesaid bond is in full force and effect on that date. We hereby engage with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored by us if presented at our counters with this original Letter of Credit on or before June 23, 2000, the expiration date. Page 1 Northern Trust of Florida Corporation and Northern Trusts Bank of Florida N.A. f- I-6 ,q M•2(=A are wholly owned subsidiaries of Northern Trust Corporation, Chicago. 6 4 L_ :: Northern Trust Batik. of Florida, 700 Brickell Avenue, Miami. Florida 33131-2881 Tel.: (305) 789-1300 Telex: I.T.T. 441180 • S.W.I.F.T. CNOR US3M Irrevocable Letter of Credit No. S997059 Page 2 Except as otherwise expressly stated herein, this Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. Ydurs wry truly, Rogeno ides Second Vice President t Northern Trust of Florida Corporation and Northern Trust Bank of Florida N.A M-2020A are wholly owned subsidiaries of Northern 'Trust Corporation, Chicago. L Northern Tru st Bank of Florae 700 Brickeil Avenue, Miami, Florida 33131-2881 Tel.: (305) 789-1300 Telex: I.T.T. 441180 • S.W.I.F.T. CNOR US3M F r LETTER OF CREDIT AMENDMENT l--------------------- LETTER OF CREDIT NUMBER S997059 AMENDMENT REF. NO. 001 AMENDMENT ISSUANCE DATE: JULY 12, 1999 BENEFICIARY APPLICANT CITY OF MIAMI WYNWOOD TOWER APARTMENTS, LTD. DEPARTMENT OF PUBLIC WORKS C/O ANI—WYNWOOD INC., 444 S.W. 2ND AVENUE MANAGING GEN. PTR., MIAMI, FLORIDA 33130 2665 S. BAYSHORE DR., NO. 202 COCONUT GROVE, FL 33133 t i 4 ORIGINAL LETTER OF CREDIT DATED JUNE 23, 1999 THE ABOVE MENTIONED LETTER OF CREDIT IS AMENDED AS FOLLOWS: — YOUR SIGNED WRITTEN STATEMENT SHOULD READ AS FOLLOWS: i "WE HEREBY CERTIFY THAT WYNWOOD TOWER APARTMENTS, LTD. HAS FAILED TO COMPLETE THE IMPROVEMENTS REQUIRED BY LETTER OF MAY 21, 1999 OF CITY OF MIAMI BEFORE JUNE 23, 2000." ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. THIS LETTER OF AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE LETTER OF CREDIT AND MUST BE ATTACHED THERETO. s 1 ---------- ------------------ s AUTHO IZED SIGNATURES) }' C is i 1 Northern Trust of Florida Corporation and Northern Trust Bank of Florida N.A. M•2020A are wholly owned subsidiaries of Northern Trust Corporation, Chicago. CERTIFICATE OF CORPORATE RESOLUTION, CORPORATE STATUS AND INCUMBENCY The undersigned, the Secrctary of GNIN-WYNNN OOD, INC., a Florida non-profit corporation (the "Corporation") hereby certifies that. I. The Corporation is a general partner of NNIN"NWOOD TOWER APARTMENTS, LTD., a Florida limited parwership (the "Partnership"). 2. The Partnership is a dryly formed, validly existing limited partnership in good standing under the laws of the State of Florida. 3. The Corporation is a duly formed, validly existing corporation in good standing under the laws of the State of Florida. 4. On ^_ 1- Z- 1999, in accordance with the Corporation By -Laws, the folloxving resolutions were unanimously adopted by the Board of Directors of the Corporation and the same have not been revoked, canceled, annulled or amended in any manner and are in full force and effect on the date hereof: RESOLVED, that the Corporation shall execute any and all documents necessary to effectuate the final approval and recording by Miami -Dade County of a revised Plat of the property legally described as follows: SEE ATTACHED EXHIBIT "A". FURTHER RESOLVED, that the President, any Vice President and the Secretary or Assistant Secretary of the Corporation, acting individually or jointly, is hereby authorized, empowered and directed to execute and deliver all final Plat submission documentation on behalf of the Corporation in its capacity as General Partner of the Partnership; arid be it FURTHER RESOLVED. that each and every officer of the Corporation, acting alone, is hereby authorized, empowered and directed for, in the name and on behalf of the Corporation, in its capacity as General Pat7ner ofthe Partnership, to execute, deliver and perform any and all agreements, documents and instruments and to do and to perform any and all actions and things which may be necessary, desirable or convenient in order to effectuate the purpose and intent of the foregoing resolutions and the transaction contemplated thereby; and be it S:9-- 64 FURTHER RESOLVED, that AGUSTIN DOMINGUEZ is appointed to the position of President, CLAIRE F. RALEY is appointed to the position of Vice President and KATHY RODRIGUEZ is appointed to the position of Secretary of the Corporation, and they are authorized to negotiate and execute anv and all documents on behalf'ofthe Corporation to 011Cctuate the foregoing resolutions. and be it FURTI VR RESOLVED, that all actions previously taken by any officer of the Corporation with respect to all matters contained herein are hereby ratified and confirmed. IN WITNESS WHEREOF, the undersigned has hereunto set their hand this day of 1999. —_KATHY RODR GUEZ, Secretary 4 } l EXHIBIT "A" LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 7, 8, 9, 10. 11 and 12, Block 13, of EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Dade County, Florida; AND A portion of the alley in Block 13 of EDGENVATER, according to the plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Dade County, Florida, being more particularly described as follows: Begin at the Southeast corner of Lot 7 in said Brock 13; thence S00"08' 18"E along the Easterly line of Lots 8, 9, and 10 in said Block 13 for a distance of 150.16 feet to the Southeast corner of said Lot 10, thence N89"5837" `A' along the South line of said Lot 10 for a distance of 111.20 feet to the Southwest corner of said Lot 10, thence South for a distance of 10.00 feet to the Northwest corner of Lot 12 in said Block 13, thence S89"58'37"E along the North line of Lots 12, It. 2 and i in said Flock 13 for a distance of 231.55 feet to the Northeast corner of said Lot 1; thence. N00"01'49" «' fora distance of 10.00feet to the Southeast corner of Lot 3 in said Block 13; thence N89"58'37"` N" ,Tong the South line of said Lot 3 for a distance of 110.3.1 feet to the Southwest corner of said Lot 3; thence N00"08'18"N'1' along the West line of Lots 3, 4, and 5 in said Block 13 for a distance of 150.16 feet to the Northwest corner of said Lot 5, thence N89"57'43" VV for a distance of 10.00 feet to the Southeast corner of said Lot 7 to the Point of Beginning. 1 � • �r N• •NiM• tM�»�� +BrVartmrnY of IFMIr I certify from the records of this office that GMN-WYNWOOD, INC., is a corporation organized under the laws of the State of Florida, filed on July 28, 1998. 'The document number of this corporation is P98000066051. I further certify that said corporation has paid all fees due this office through December 31, 1999, that its most recent annual report was filed on July 9, 1999, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 (1-99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Third day of August, 1999 �rrrrtaa•u of �t��tr L 5 U CERTIFICATE OF CORPORATE RESOLUTION, CORPORATE STATUS AND INCUMBENCY The undersigned. the Secretary of ANI-W % NN'OOD, INC., a Florida corporation (the "Corporation"). hereby certifies that. 1. The Corporation is a general partner of WYNtb'OOD TOWER APARTMENTS, LTD., a Florida limited partnership (the "Partnership"). 2. The Partnership is a duly formed, validly existing limited partnership in good standing under the laws of the State of Florida. 3. The Corporation is a duly formed, validly existing corporation in good standing under the laws of the State of Florida. 4. On _ % 1999, in accordance with the Corporation By -Laws. the following resolutions were unanimously adopted by the Board of Directors of the Corporation and the same have not been revoked, canceled, annulled or amended in any manner and are in frill force and effect on the date hereof: RESOLVED, that the Corporation shall execute any and all documents necessary to effectuate the final approval and recording by Miami -Dade County of a revised Plat of the property legally described as follows: SEE ATTACHED EXHIBIT "A FURTHER RESOLVED, that the Chairman of the Board of Directors, President, any Vice President and the Secretary of the Corporation, acting individually or jointly, is hereby authorized, empowered and directed to execute and deliver all final Plat submission documentation on behalf of the Corporation in its capacity as General Partner of the Partnership; and be it FURTHER RESOLVED. that each and every officer of the Corporation. acting alone. is hereby authorized, empowered and directed for, in the name and on behalf of the Corporation, in its capacity as General Partner of the Partnership, to execute. deliver and perform any and all agreements, documents and instruments and to do and to perform any and all actions and things which may be necessary, desirable or convenient in order to effectuate the purpose and intent of the foregoing resolutions and the transaction contemplated thereby; and be it 1 FURTHER RESOLVED, that LOUIS WOLFSON III is appointed Chairman of the Board of Directors, MICHAEL D. WOHL is appointed to the position of President, D.AVID O. DEUTCH is appointed to the position of Vice President and Secretary of the Corporation, and they are authorized to negotiate and execute any and all documents on behalf of the Corporation to ef%ctuate the foregoing resolutions: and be it FURTHER RESOLVED, that all actions previously taken by any officer of the Corporation with respect to all matters contained herein are hereby ratified and confirmed. r1 .1C IN WITNESS WHEREOF, the undersigned has hereunto set their hand this �_ day of 1999. / ' , (i),J cil . 1" 1. , DA O. DEUTCH, Secretary I i:\011TJ1\LJl ILTTL\MTbI00p\fO�W\AYI-I{YMM]oD lU1T RCIOLUT{OM.DDC EXHIBIT "A" I LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12, Block 13, of EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Dade County, Florida; AND ' f A portion of the alley in Block 13 of EDGEWATER, according to the plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Dade Counh•, Florida. being more particularly described as follows: i Begin at the Southeast corner of Lot 7 in said Block 13; thence S00"08' 18"E along the Easterly line of Lots 8, 9, and 10 in said Block 13 for a distance of I 150.16 feet to the Southeast corner of said Lot 10, thence N89"58'37" `N' along the South line of said Lot 10 for a distance of 111.20 feet to the Southwest corner of said Lot 10: thence South fora distance of 10.00 feet to the Northwest s corner of Lot 12 in said Block 13, thence S89"58'37"E along the North line of Lots 12, 11. 2 and 1 in said Block 13 for a distance of 231.55 feet to the f Northeast corner of said Lot 1; thence N00"01'49"N1' for a distance of 10.00feet to the Southeast corner of Lot 3 in said Block 13, thence N89"58'37" NN' along the South line of said Lot 3 for a distance of 110.34 feet to the Southwest corner of said Lot 3: thence N00"08' 18" «' along the West line of Lots 3, 4, and 5 in said Block 13 for a distance of 150.16 feet to the Northwest corner of said Lot 5, ; thence N89"57'43" «" for a distance of 10.00 feet to the Southeast corner of said Lot 7 to the Point of Beginning. f i s S i 5 t • - fir f rf f i i i i i ♦ i i 1 f---f way: s w- w4•, 43eparimml t1f �x I certify from the records of this office that ANI-WYNWOOD, INC., is a Q) corporation organized under the laws of the State of Florida, filed on x' July 28, 1998. z 1fl' The document number of this corporation is P98000066055. fl, I further certify that said corporation has paid all fees due this office through December 31, 1999, that its most recent annual report was filed on March 4, 1999, and its status is active. !©' I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 (1-99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-eighth day of July, 1999 rrrrtarti of tntr L CERTIFICATE OF CORPORATE RESOLUTION, CORPORATE STATUS AND INCUMBENCY The undersigned, the Secretary of TiLE WOLFSON INITiATiVE CORPORATION, a Florida corporation (the "Corporation"), liercb\, certifies that: 1. The Corporation is a duly formed, validly existing corporation in good standing under the laws of the State of Florida. 2. On Z 1999, in accordance with the Corporation By -Laws, the following resolutions were unanimously adopted by the Board of Directors of the Corporation and the same have not been revoked, canceled, annulled or amended in any manner and are in full force and effect on the date hereof: RESOLVED, that the Corporation shall execute any and all documents necessary to show the Corporation's consent and approval for the recording of a revised Plat of the property legally described as follows: SEE ATTACHED EXHIBIT "A". FURTHER RESOLVED, that the President, any Vice President and the Secretary, of the Corporation, acting individually or jointly, is hereby authorized, empowered and directed to execute and deliver its consent on Behalf of the Corporation; and be it FURTHER RESOLVED, that each and every_ officer of the Corporation, acting alone, is hereby authorized, empowered and directed for, in the name and on behalf of the Corporation, to execute, deliver and perform any and all agreements, documents and instruments and to do and to perform any and all actions and things which may be necessar-v, desirable or convenient in order to effectuate the purpose and intent of tile foregoing resolutions and the transaction contemplated thereby; and be it FURTHER RESOLVED, that MITCHELL WOLFSON, JR., is appointed to the position of President, and 7.OILA M. DA,rOREE, is appointed to the position of Vice President and Secretary of the Corporation, and they are authorized to negotiate and execute any and all documents on behalf of the Corporation to effectuate the foregoing resolutions, and be it FURTHER RESOLVED, that all actions previously taken by any officer of the Corporation with respect to the recording of the revised Plat are hereby ratified and confirmed. IN WITNESS WHEREOF, the undersigned has hereunto set their hand this l � day of 1999. osJ_c4 f aura, i7a�y ,e_: Secretary EXHIBIT "A" LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, It and 12, Block 13, of EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2, at Page 31, of the Public Records of Dade Count-*., Florida; AND A portion of lite alley in Block 13 of EDGEWATER, according to the plat thereof, as recorded in Plat Book 2 at Page 31 of cite Public Records of Dade County, Florida. being more particularly described as follows: Begin at the Southeast corner of Lot 7 in said Block 13; thence S00"08' 18"E along the Easterly line of Lots 8. 9, and 10 in said Block 13 fora distance of 150.16 feet to the Southeast corner of said Lot 10: thence N89"58'37" «' along the South line of said Lot 10 for a distance of 111.20 feet to tite South'tr'est corner of said Lot 10. thence South fora distance of 10.00 feet to the North-west corner of Lot 12 in said Block 13: thence S89"58'37"E along the North line of Lots 12. 11, 2 and I in said Block 13 for a distance of 231.55 feet to the Northeast corner of said Lot 1; thence N00"01'49"NN' fora distance of 10.00feet to the Southeast corner of Lot 3 in said Block 13, thence N89"58'37" NN' along the South line of said Lot 3 fora distance of 110.34 feet to the Southwest corner of said Lot 3; thence N00"08' 18""' along the West line of Lots 3, 4, and 5 in said Block 13 for a distance of 150.16 feet to the Northwest corner of said Lot 5, thence N89"57'43"«' fora distance of 10.00 feet to the Southeast corner of said Lot 7 to the Point of Beginning. 99-- 7tU4 M• • • • t •, _ • • • • Brvartmrut of t tr I certify from the records of this office that THE WOLFSON INITIATIVE CORPORATION, is a corporation organized under the laws of the State of Florida, filed on April 27, 1984. The document number of this corporation is G99931. I further certify that said corporation has paid all fees due this office through December 31, 1999, that its most recent annual report was filed- on April 20, 1999, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 (1.99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Third day of August, 1999 i}1Intliviilie ri111-iis �rrrrfartl of tatr L 4 LAW OFFICES ROSENBERG, REISMAN & STEIN LLP SUITE 3050 ONE SOUTHEAST THIRD AVENUE MIA11t1. i l.Oltll)A 03131 DONALD S. ROSENBERG JOSEPH B. REISMAN INTERNET ADDRESS: WWW.RRS LAW. COM TELEPHONE(305) 358-2600 STEPHEN H. REISMAN E-MAIL: (FIRST INITIAL!. LAST NAME)ORRSLAW.COM TELECOPIER (305) 375.0328 GARY M. STEIN RICHARD E. DEUTCH, JR. OpInlOil of Title MORRIS ROSENBERG V�1 11900. 19971 To: CITY OF MiAMi, a municipal corporation With the understanding that this Opinion of Title is furnished to 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 csamined the complete Abstract of Title completely covering the period from the beginning to September 2, 1999, inclusive, of the following, described real property: See attached EXI-111311' "A" 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: WYNWOOD TOWER APARTMENTS, LTD., a Florida Limited Partnership Subject to the following encumbrances, liens, and other exception: GENERAL 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. Mortgage in favor of THE WOLFSON INITIATIVE CORPORATION, dated January 4, 1999 and recorded .January 6, 1999 at O.R. Book 18422, Page 469 of the Public Records of Miami -Dade County, Florida.. 7. Restrictions, conditions, reservations, easements, and other matters contained on the 0 Id, 1`64 Plat of EDGEWATER. as recorded in Plat Book 2, Page 31, of the Public Records of Miami -Dade County. Florida. 8. Covenant filed January 6, 1999 at O.R. Book 18422, Page 464 of the Public Records of Miami -Dade County. Florida. 9. Riparian and littoral rights are not insured. 10. City of Miami Resolution No. 99-468 recorded September 2, 1999 at Clerk's File No. 99R46O96-5. Therefore, it is our opinion that the 1ollo\\ing parties must join in the platting of the above described real property in order to grant CITY OF MIAMI. FLORIDA and the public, a good and proper title to the dedicated areas shown on the final plat of the aforedcscribed property, the subdivision thereofto be knov+-n as: WYN\410OD TOWER Name Interest Special Exception Number WYNWOOD TOWER APARTMENTS, LTD. Fee Simple A Florida Limited Partnership Owner THE WOLFSON INITIATIVE CORPORATION, Mortgagee 6 a Florida corporation. 1, the undersigned. further certify that I am an Attorney at law duly admitted to practice in the State of Florida, and I am a member in good standing of The Florida Bar. Respectfully submitted this 3rd day of September, 1999. NAME OF FIRM: ROSENBERG, R SGN &. STEIN LLP By: Name: RICHARI IE. DEUTCH, JR., ESQ. !/ i Address: One Third Avenue, Suite 3050 Miami, Florida 33131 F:1WINWORDIREDIANIIW1C10PINION2 WPD ROSENBERG, REISMAN 6 STEIN LLP, ATTORNEYS AT LAW, MIAMI, FLORIDA 0 3 ,,. tv. p' EXHIBIT "A" LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12, Block 13, of EDGEWATER, according to the Plat thereof, as recorded in flat Book 2, at Page 31, of the Public Records of Dade County, Florida; AND A Portion of the alley in Block 13 of EDGEWATER, according to the Plat thereof, as recorded in Plat Book 2 at Page 31 of the Public Records of Dade County, Florida, tieing more particularly described as follo'vvs: Begin at the Southeast corner of Lot 7 in said Block 13; thence S00"08'18"E along the Easterly line of Lots 8, 9, and 10 in said Block 13 for a distance of 150.16 feet to the Southeast corner of said Lot 10; thence N89"58'37"W along the South line of said Lot 10 for a distance of 111.20 feet to the Southwest corner of said Lot 10; thence South for a distance of 10.00 feet to the Northwest corner of Lot 12 in said Block 13; thence S89"58'37"L along the North line of Lots 12, 11, 2 and I in said Block 13 for a distance of 231.55 feet to the Northeast corner of said Lot 1; thence N00"01'49"W for a distance of 10.00fect to the Southeast corner of Lot 3 in said Block 13; thence N89058'37"W along the South line of said Lot 3 for a distance of 110.34 feet to the Southwest corner of said Lot 3; thence N00"08'18"W along the West line of Lots 3, 4, and 5 in said Block 13 for a distance of 150.16 feet to the Nortliwest corner of said Lot 5, thence N89°57'43"W for a distance of 10.00 feet to the Southeast corner of said Lot 7 to the Point of Beginning. F:\WINWORDIRE6UNINWIC%LEGAL. WPD { ( A 1 CITY OF MIAMI, FLORIDA27 INTER -OFFICE MEMORANDUM TO: DATE : FILE: The Honorable Mayor and - Members of the City Commission SUBJECT: 01 FROM: OrH. Warshaw City Manager WYNWOOD TOWER: Resolution Accepting Proposed Record Plat REFERENCES: Located between NE 2 Ave. and NE 2 Ct. and between ENCLOSURES: NE 23 St. and NE 24 St. It is respectfully recommended that the City Commission adopt a resolution accepting the plat WYNWOOD TOWER and approving recording the same in the Public Records of Miami -Dade County, Florida. 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 WYNWOOD TOWER is a replat of Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 3.1 and 12, Block 13, EDGEWATER, Plat Book 2 at Page 13, as recorded in the Public Records of Dade County, Florida, and of a portion of the tee -shaped 10-foot wide alley of said Block 13, all lying in Section 30, Township 53 South, Range 42 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one (1) tract containing 1.48± acres. It is zoned C-1. 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 /) Print of Proposed Record Plat DHW/l� /six c: "Ra(ul�Martinez, Assistant. City Manager James J. Kay, Director, Public Works Department 99- 76%4