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HomeMy WebLinkAboutR-98-0626J-98-653 6/11/98 RESOLUTION NO. 9 8— 626 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BRICKELL CHASE, 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; 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 City Department of Public Works recommends the acceptance of the plat; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled BRICKELL CHASE, is a resubdivision of Lots 1 through 23, inclusive, Block 1, together with the alleys of said Block 1, AMMENDED PLAT OF POINT VIEW, Plat Book 2 at Page 93, lying in the POLLY LEWIS DONATION -SECTION 39, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida, 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 as Exhibit "A" attached hereto is hereby accepted. The dedications shown on the plat together with the dedications to AT TACO MEU ; ON I TA1�lED . CITY COMUSZON MEETING OF, JU N 2 3 1998 Resaklum �. 8 - (; 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 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. PASSED AND ADOPTED this 23rd day of June 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 provded, said legislation ncaa becomes effective with the elapse of ten (10) days from the date of Com ' sicn actin regarding same, without the Mayor ex rcisin v o ATTEST: W oeman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED AND CORR CI&ffl : OF W2 GNIlK ; 98- 626 0111-tv of �tzluLt James J. Kay . Interim Director September 4, 1997 Brickell Holding Corp. 380 Madison Avenue, 91" Floor New York, NY 10017 Re: BRICKELL CHASE SUBDIVISION - #1354-B Ladies and Gentlemen: Edward Marquez City Manager Terremark Brickell II, Ltd. 2601 S. Bayshore Drive, PHI-B Miami, FL 33133 The City of Miami Plat and Street Committee, at its meeting of July 3, 1997, 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: • With reference to note on existing zoning designation, add language: ,per Zoning Ordinance 11000, as amended". • The subdivision improvements may require the transplanting of trees to the Public right-of-way. • Correct adjacent subdivision designations. Contact Frank McMahon, Senior Surveyor, at 416-1232. go • The existing 15-inch sanitary sewer in the north -south alley may serve Forte Towers development to the north of the plat. If this is true and the alley to be vacated does not remain as an easement, then owner must re-route the sanitary sewer system to the satisfaction of the Miami -Dade water & Sewer Department at owner's expense. 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 may be required on the property being platted. DEPARTMENT OF PUBLIC WORKS/ P.O. Box 330708 Miami, FL 33233-0708/(305) 416-1200r Fax:(305) 416-2153 00 6 Brickell Holding Corp. 380 Madison Avenue, 9"' Floor New York, NY 10017 BRICKELL CHASE SUBDIVISION - 11354-B September 4,1997 Page two Terremark Brickell II, Ltd. 2601 S. Bayshore Drive, PH1-B Miami, FL 33133 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 fjnal 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. 10 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. if you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, James J. Kay, P.E. Chairman, Plat and Street Committee JJK/rjf Enclosure: Contact Sheet c: E. R. Brownell & Associates 3152 Coral Way Miami, FL 33145 Plat & Street Committee Members BC: Surveys Civil Engineering Central THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS MAY,LS; 1998 REPORT OF PROPOSED RECORD PLAT OF BRICKELL CHASE LOCATED ON BRICKELL AVENUE BETWEEN S.E. 14 TERRACE AND S.E. 14 LANE • A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled BRICKELL CHASE was prepared by E. R. Brownell & Associates, 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 resubdivision of Lots 1 through 23, inclusive, Block 1, together with the alleys of said Block 1, AMMENDED PLAT OF POINT VIEW, Plat Book 2 at Page 93, lying in the POLLY LEWIS DONATION -SECTION 39, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one (1) tract containing 3.742 f acres (net). It is zoned SD-5. 2) The location of the streets and their widths conform with the standards of the Department of Public Works of the City of Miami, Florida. 3) As certified to by Mark Steven Johnson, Sr., 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 three alleys of Block 1, AMMENDED PLAT OF POINT VIEW, Plat Book 2 at Page 93. This action was confirmed by City Commission Resolution No. 97-762. 98- 626 5) The Certificate of Title Examination dated /7Ry, 5 , 1998, signed by�/f'J/jLcp/eJ° Attorney, indicates that the fee simple title to the property platted is correctly vested in Terremark Brickeil 11, Ltd., and the Plat has been correctly executed. 6) The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat and joined in its dedication. 7) In accordance with the requirements of Chapters 54 and 55 of the Code of the City of Miami, Florida, a Letter of Credit,X6. N109�i9i, in the amount of $414,725.00 has been executed by /fie I&?4' 1 . This Letter of Credit will accompany the Agreement between the City of Miami, Florida, and Terremark Brickell II, Ltd., a Florida limited partnership, Principal, to guarantee: (a) the construction of concrete sidewalk and concrete curb and gutter; (b) the installation of asphaltic concrete overlay, reinforced concrete pipe, catch basins, manholes, manholes with wells, stormwater detention boxes —one with a baffle, fill material, shade trees with root guards and tree grates; (c) the core drilling of existing structure; (d) the transplanting of trees ; and (e) the removal of sidewalk, curb and gutter and trees. 14 8) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. �� �er Frank R. McMafion, Jr., P..M. City Surveyor 98- 6`�6 AGREEMENT FOR CONSTRUCTION OF CERTAIN INFROVEKEM PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-fi6 AND CHAPTER .SS THE CODE OF THE CITY OF HIAMI, FLORIDA (hereinafter referred to as the "Owner"), concurrently with the delivery of this Agreement, has applied to SHE CITY OF MIAMI. FLORIDA, (hereinafter referred to as the "City"), for the acceptance and confirmation by the Commdssion of said City, of a certain proposed plat of a subdivision to be known as Brickell Chase a copy of which proposed plat is attached hereto and made a part hereof as Mibit "A"; and WHEREAS, Chapter 54. Section 54-f6 and Chapter SS , THE CODE OF THE CITY OF MIAMI, FLORIDA, requires that any proposed plat, subuitted 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 SoQd and sufficient Performance Bond. Letter of Credit or Cashier's Check; NOW, THEREFORE, the'Owner hereby covenants and agrais with said City as follows: 98- 64U 1. Within one (1) year from the affective 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 desEribed upon.the estimate of cost of said improvements,.& 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 intereb t that such construction work should be prolonged to the extent that it would have a disorganizing affect upon the neighborhood. After the work is started, the Owner hereby agrees to prosecute said work progressively so as to complete it in a reason- able length of time as determined by the Department of Public Works. 2. In accordance with the provisions of said Chapter 54, Section 54-IW and Chapter js' THE CODE OF THE CITY' OF MIAMI, FLORIDA, the Owner herewith tenders to the City a Letter of Credit duly executed by the (Bank) Bank. N.A. in the amount of $ 41 A _ 7 5.00 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", pluswe.�zy 42W(_Z7%)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 Aorks a letter from a Registered Land Surveyor certifying that the Permanent Reference Monuments indicated on the Plat have been installed and properly placed, said Letter of Credit shall be released. 98 6'26 3. In the event the Owner shall fail or neglact to fulfill his obligations under this Agreement, the conditions of said Letter of Credit shall be such that the (Bank) Fleet Bank, N.A. 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 "D" hereof, pay to the City a sum up to the aggregate amount of $ 4i� s_oo_. 4. The City shall shave the right to collect the sum estimated to construct or complete the improvements set forth in Exhibit "B". said sus 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 e�cceed�%r�fy��(.z��,)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 p.;a?ic advertisement and receipt..of bids, the improvements as -rnvided for in said Agreement. and in the event that the City r';:Tission of Miami, Florida exercises such right, it shall have the right to collect the final total costs of said improvements. together =:ch any engineering and contingent costs, and any damages direct indirect, not to thereof, plus reasonable attorneys' fees, which the City may sustain on account the failure of the Owner to carry out and execute the provisions this Agreement. Said Letter of Credit is attached hereto as >:-ibit "C" and made a part hereof by reference. 98- 626 CORPORATION FORM IN WITNESS WHEREOF, executed and signed in its corporate seal to be affixed the day and year first above Signer, j�ealed and Delivered i n.�-,thy 0rpsence of: the OWNER has caused nam by its proper heresto and attested set forth. &16W�lW, P-Rj N L PRINT AUUKLbb CITY. STATE AND ZIP CODE Q a'ther IVA Nevins �-Z Woes} k7zo sir-eet- CITY, STATE AND ZIP CODE STATE OF NEW YORK S.S. COUNTY OF NEW YORK these presents to be officers, and its to by its Secretary TERRE CKELL II TD. By: er a k 'c 11 I, Inc. By _ Vici PRESIDENT Philip E. Aarons ATTEST: X7- Z a�' SECRETARY Brian J. Collins CORPORATE SEAL I hereby certify: That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, and Vice President and Secretary respectively of I K61UK-K boc4l ] �, )n a -1 or) A-C' Corporation, who are tom) personally known to me all who pwodueed and and Who execute6XeCUtQd tfie Torego I ng i nstrument and acknowledged the execution thereof to be their free act and deed as such officer(s) for the purposes, therein expressed and who d (did not) take an oath. s� M M1 Wi t n e s s : My hand and official seal this 2-2&11'( day of M v A.D., 1998.�. Signature of Person Taking Acknowledgement. Printed Name of Acknowledger Notary Public State of Serial Number: (if any my Commission Expires: LISA ROMANO Notary Public, State of New York No. Ot RO5058208 Qualified in Nassau Cohan APPROYE0 .7f1r�c'ce o e, /�°o ' e wit o1"Z ry f Commission Expires 411/2000 This Instrument Prepared by Department of law City of Miami, Florida 98- 626 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and TERREMARK BRICKELL II, LTD. FOR IMPROVEMENTS AT BRICKELL CHASE LOCATED ON BRICKELL AVENUE BETWEEN S.E. 14 TERRACE AND S.E. 14 LANE REMOVE APPROXIMATELY 1,460 LINEAR FEET OF EXISTING CURB AND GUTTER $ 3,650.00 REMOVE APPROXIMATELY 7,125 SQUARE FEET OF EXISTING SIDEWALK $ 7,125.00 REMOVE 28 WASHINGTONIAN PALMS $ 5,600.00 TRANSPLANT 4 ROYAL PALMS $ 1,600.00 REMOVE 5 TREES S 1,000.00 CONSTRUCT APPROXIMATELY 1,460 LINEAR FEET OF CURB/GUTTER $ 14,600.00 CONSTRUCT APPROXIMATELY 12,181 SQUARE FEET OF 4-INCH CONCRETE SIDEWALK $ 36,543.00 CONSTRUCT APPROXIMATELY 2,836 SQUARE FEET OF 6-INCH CONCRETE SIDEWALK $ 11,344.00 PROVIDE AND INSTALL APPROXIMATELY 2,840 SQUARE YARDS OF NEW PAVEMENT (1 1/2-INCH ASPHALTIC CONCRETE SURFACE AND 8-INCH LIMEROCK BASE) $ 39,760.00 PROVIDE AND INSTALL APPROXIMATELY 2,750 SQUARE YARDS OF 1-INCH ASPHALTIC CONCRETE OVERLAY $ 11,000.00 PROVIDE AND INSTALL APPROXIMATELY 400 LINEAR FEET OF 24-INCH REINFORCED CONCRETE PIPE $ 24,000.00 PROVIDE AND INSTALL APPROXIMATELY 100 LINEAR FEET OF 15-INCH REINFORCED CONCRETE PIPE $ 4,500.00 98- 626 PROVIDE AND INSTALL THREE (3) TYPE "F-3" CATCH BASINS $ 5,400.00 PROVIDE AND INSTALL ONE TYPE "D" CATCH BASIN $ 1,800.00 PROVIDE AND INSTALL THREE (3) TYPE "A" MANHOLES $ 5,400.00 PROVIDE AND INSTALL TWO (2) TYPE "D-5" MANHOLES WITH WELLS $ 50,000.00 PROVIDE AND INSTALL ONE (1) STORMWATER DETENTION BOX $ 8,000.00 PROVIDE AND INSTALL ONE (1) STORMWATER DETENTION BOX WITH BAFFLE $ 10,000.00 CORE DRILL THREE (3) OPENINGS IN EXISTING STRUCTURE $ 900.00 PROVIDE AND GRADE APPROXIMATELY 3,665 CUBIC YARDS OF FILL MATERIAL TO MINIMUM ELEVATION OF +5.0' $ 27,488.00 PROVIDE AND INSTALL FOURTEEN (14) NEW SHADE TREES (INCLUDING ROOT GUARDS) $ 7,000.00 PROVIDE AND INSTALL FOURTEEN (14) TREE GRATES $ 3,500.00 10% CONTINGENCY $ 28,021.00 17% ENGINEERING AND INDIRECT COST $ 52,399.00 TOTAL ESTIMATED COST OF IMPROVEMENTS $360,630.00 LETTER OF CREDIT (115 percent of the cost $414,725.00 of improvements) 98- 626 STtaMMY LETTER OF CREL,IT NO. `r Si097i91 DATE OF T_SSUE: MAY j�:qu ISSUING SAW: APPLICANT FLEET BANK; NATIONAL ASSOCIATION TERREMARK BRICKEL II. LTD. C/O FLEET PENiNSYLVANIA SERVICES INC C/O MILLENNIUM PARTNERS TRADE SERVICES DEPT., i FLEET WAY 179S BROADWAY SCRANTON PA 18-507-1999 NEW YORKj NY 10023 BENEFICIARY CITY OF MIAMI, DEPARTMENT OF PUBLIC_ WORKS) 444 S . W . 2ND AVENUE MIAMI, FLORIDA 33130 ATTN = DIRECTOR AMOUNT/CURRENCY: EXACTLY USG 414, 725. & 00 EXACTLY FOUR HUNDRED FOURTEEN TRXISAND SEVEN MODRED TWENTY FIVE AN0 %0/100' S DOLLARS l ATE PLE OF EXPIRYw 1.900` *--OW C'OIJNTERS THIS LETTER OF CREDIT BECOMES EFFECTIVE MAY 22, 1998. WE HEREBY ISSUE OUR IRREVOCABLE LETTER OF CREDIT NO.YSiO97i93 IN YOUR FAVOR IN THE AMOUNT OF FOUR HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED TWENTY FIVE AND ..'30 / 100 U . S . DOLLARS (USD 414, 725.00) . WE ARE INFORMED THAT THIS LETTER OF CREDIT IS ESTABLISHED AS SECURITY FOR THE CIT`I. OF MIAMI, DEPARTMENT OF PUBLIC WORKS ON BEHALF OF THE CITY OF MIAMI 1 1.8- FIiIIAR'i") , IN ORDER THAT TERREMARV BRICKEL.L II . LTG. , AS OWNER ( "OWNER" ) OF THAT CERTAIN PARCEL OF LAND KNOWN AS BRICI<ELL CHASE SUBDIVISION (THE "PR_MISES") , COMt'LETES ALL THE IMPROVEMENTS LISTED ON EXHIBIT B TO THAT t ERTAIN AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS (THE "AGREEMENT") GIVEN BY ! OWNER TO BENEFICIARY IN ORDER FOR OWNER TO FILE AND COMPLETE THE REPLAT PROCES4 (THE "PLAT") AT THE PREMISES, THE TERM "BENiEFICIARY" INCLUDES ANY ASSIGNED OR SUCCESSOR BY OPERATIONS OF LWM OF THE NAMED SELLER INCLUDING WITHOUT LIMITATION OF ANY LIQUIDATOR, REHABILITATION, RECEIVER OR CONSERVATOR. THIS LETTER OF CREDIT SHALL BE VALID UNTIL MAY 211 1999 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE (i) YEAR PERIODS UPON SUCH DATE 98- 626 PAGLr THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: YS1097191 UNLESS AT LEAST (60) DAYS PRIOR TO ANY ANNIVERSARY DATE WE SEND NOTIFICATION WRITING TO THE CITY OF MIAMI PUBLIC WORKS DEPARTMENT DIRECTOR; 444 S.W. 2ND AVENUE, MIWMI, FLORIDA 33130) THAT WE ELECT NOT TO SO RENEW THIS LETTER OF CREDIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT. THIS CREDIT IS PAYABLE AT SIGHT AGAINST DRAFTS DRAWN BY BENEFICIARY DRAW ON ACCOMPANIED BY A SIGNED STATEMENT FROM A PERSON PURPORTED TO BE A DULY AUTHORIZED AND APPOINTED OFFICER OF BENEFICIARY STATING THAT BENEFICIARY IS ENTITLED TO DRAW ON THIS LETTER OF CREDIT IN ACCORDANCE WITH THE TERMS OF A CERTAIN AGREEMENT. PARTIAL DRAWINGS ARE NOT AUTHORIZED UNDER THIS LETTER OF CREDIT, ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US, DOCUMENTS MUST BE PRESENTED FOR PAYMENT AT OUR COUNTERS LOCATED AT FLEET BANK N.A., C/O FLEET PENNSYLVANIA SERVICES INC.) i FLEET WAY, SCRANTON 18107-1999 ATTENTION: STANDBY LETTER OF CREDIT DEPT.i WITHIN THE VALIDITY OF THE CREDIT. THIS LETTER OF CREDIT IS TRANSFERABLE IN ITS ENf IRETY ONLY AND NOT b# PART. TRANSFER OF THE BENEFICIARY'S RIGHTS UNDER THIS LETTER OF CREDIT SHAD. BE EFFECTED UPON THE BENWICIARY' S COMP RETURN TO US OF OLS COY EXECUTED TRANSFER FORL94 ACCOMPANIED Br;� QRr2 NAL--UTTER OF CPAKT INSTRUMENT ;:AND ANY AND ALL AMENDMEKrS THERF-70 TOGETWER WITW-A CFECX IN AN AMOUNT CALCULATED AT THE RATE OF- 1. 9 OF ONE, PERCENT. FLAT` ON THE AMOUNT OF TRANSFtRj MINIMUM BEING USDA- 500.00--s bat TRANSWR FE%,fLL ,,OUFL C0WIER Cl4ARGES. UPON ANY SUCH TRANSFER AS' I`! OT C'ATEO HERE1148 V E`i Tom" DRAFT (S) AND STATEMENT(S), IF ANY TO BE PRESENTED UNDER THIS LETTER OF CREDIT SHALL BE PRESENTED TO US BY THE TRANSFEREE AND THE STATEMENT IS TO BE SIGNED AND ISSUED,-' BY SUCH TRANSFEREE AND THE BENEFICIARYS NAME APPEARING ANYWHERE IN THIS CREDIT WILL AUTOMATICALLY BE REPLACEDI' B'1' THE TRANSFEREES NAME. EXCEPT AS STATED HEREIN, PAYMENT OF PRESENTATION MADE UNDER THIS LETTER OF CREDIT IS NOT SUBJECT TO ANY CONDITIONS OR QUALIFICATIONS. EXCEPT AS EXPRESSLY STATED HEREIN, THIS UNDERTAYING IS NOT SUBJECT TO AGREEMENI REQUIREMENT OR QUALIFICATION. OUR OBLIGATION UNDER THIS LETTER OF CREDIT IS THE INDIVIDUAL OBLIGATION OF THE BANk:, AND IN NO W14Y CONTINGENT UPON REIMBURSEMENT "TH RESPECT THERETO, OR UPON OUR ABILITY TO PERFECT ANY LIEN, SECURITY INTEREST OR ANY OTHER REIMBURSEMENT.. WE HEREBY AGREE WITH YOU THAT GRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON DUE PRESENTATION TO THE DRAWEES IF PRESENTED ON OR BEFORE THE EXPIRATION DATE. THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OF THE ORIGINIAL CREDIT. ALL DRAFTS MUST BE MARKED DRAWN UNDER FLEET 3ANKj N.A. LETTER OF CREDIT NUMBER 'a`=153?71?it DATEDMAY :::ir 1998. 98- 626 A. . • THIS IS AN INTEGRAL PART OF LETTER OF CREDIT DER: `fSiO97i9i THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFOPM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS) (1993 REVISION); 10f T ERMA T IONAL CHAMBER OF COMMERCE PUBLICATION NO, 500a AU HQRIZEQ SIGNATURE THIS DOCUMENT CONSISTS OF 3 P AGE i S i. if r r - •T i "- _. �.. . 2 - _,....z-SY�.:7kvrl:�s�xx�.;-a+S671b:��1►J6L3..�'��65L"i:37R .3 _. :m:-:-,:-:._-._ 9$ 626 __...r...... 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 examined that certain Chicago Title Insurance Company Owner's Policy of Title Insurance No. 10 2518 106 00000069 having an Effective Date of July 3, 1997 and that certain Chicago Title Insurance Company Update Status of Agents' Title Report covering the period from July 3, 1997 to May 25, 1998 at 11:00 P.M., inclusive, of the following - described real property: Lots 1 through 23, inclusive, Block 1, "AMMENDED PLAT OF POINT VIEW", according to the plat thereof, recorded in Plat Book 2, page 93, of the Public Records of Dade County, Florida. Basing our opinion on said Report to Agents on Status of Title 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: TERREMARK BRICKELL II, LTD., a Florida limited partnership 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. G:\W-ERA\35086\001\OPIN-TIT.3 1— June 2, 1998 (1:29PM) 6. Mortgage dated July 2, 1997, and recorded on July 3, 1997 in Official Records Book 17701, Page 1840 of the Public Records of Dade County, Florida, in the principal amount of $9,600,000 executed by Terremark Brickell II, Ltd., a Florida limited partnership in favor of Greenstreet Financial, L.P., a Delaware limited partnership, which was assigned by Assignment of Note, Mortgage and Other Loan Documents dated as of February 19, 1998 made by Greenstreet Financial LP, a Delaware limited liability partnership, in favor of Millennium Acquisition LLC, a Delaware limited liability company, recorded on February 20, 1998 in Official Records Book 17988, Page 1980, Public Records of Dade County, Florida, and amended and restated by Amended and Restated Mortgage and Security Agreement made as of the 19th day of February, 1998 between Terremark Brickell II, Ltd., a Florida partnership, and Millennium Acquisition LLC, a Delaware limited liability company, recorded on February 20, 1998 in Official Records Book 17988, Page 1984, Public Records of Dade County, Florida. 7. Resolutions/Metromover recorded in Official Records Book 14258 at page 2399; Official Records Book 14646 at page 2513; Official Records Book 15168 at page 2413; Official Records Book 16035 at page 3996; Official Records Book 16478 at page 1048; and in Official Records Book 16872 at page 1634, all of the Public Records of Dade County, Florida. 8. That certain UCC-1 Financing Statement recorded in Official Records Book 17701, Page 1856 of the Public Records of Dade County, Florida. 9. Assignment of Leases, Rents and Profits dated July 2, 1997 and recorded in Official Records Book 17701, Page 1850 of the Public Records of Dade County, Florida. 10. Resolution filed September 15, 1997 in Official Records Book 17789, Page 637 of the Public Records of Dade County, Florida. 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 good and proper title to the dedicated areas shown on the final plat of the aforedescribed property, the subdivision thereof to be known as BRICRELL CHASE. G:\W-ERA\35086\001\OPIN-TIT.3 2— June 2, 1998 (1:24PM) 98- 6626 NAME: Terremark Brickell II, Ltd., a Florida limited partnership, acting by and through its general partner, Terremark Brickell II, Inc., a Florida corporation acting through either Christopher M. Jeffries, its president or Philip H. Lovett its vice president or Philip E. Aarons its vice president Millennium Acquisition LLC, a Delaware limited liability company, acting by and through its manager, Millennium Partners LLC, a New York limited liability company, acting by and through its manager, Millennium Partners Management LLC, a New York limited liability company, acting by and through its manager, Millennium Manager I Inc., a New York corporation, acting through either Christopher M. Jeffries, its President, Philip E. Aarons, its Vice President, or Philip H. Lovett, its Vice President, or Brian J. Collins, its Secretary INTEREST SPECIAL EXCEPTION NUMBER OWNER MORTGAGEE 6 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 Z_Aj day of 1998. G:\W-ERA\35086\001110PIN-TIT.3 3— c--✓'"LLI�^ E. Richard AlhaWf Stearns Weaver ler Weissler Alhadeff & Sitterson, P.A. 150 West Flagler Street Suite 2200 Miami, FL 33130 Telephone: (305) 789-3320 Fax: (305) 789-3395 June 2, 1998 (1:24PM) Awl CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members of the City Commission FROM Donald H. Warshaw City Manager RECOMMENDATION: CA=15 DATE : June 23, 1998 FILE SUBJECT : BRICKELL CHASE: Resolution Accepting Proposed Record Plat REFERENCES: Located on Brlckell Avenue between S.E. 14 Terrace ENCLOSURES: and S.E. 14 Lane It is respectfully recommended that the City Commission adopt a resolution accepting the plat BRICKELL CHASE 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 BRICKELL CHASE is a resubdivision of Lots 1 through 23, inclusive, Block 1, together with the alleys of said Block 1, AMMENDED PLAT OF POINT VIEW, Plat Book 2 at Page 93, lying in the POLLY LEWIS DONATION - SECTION 39, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida. The area platted consists of one (1) tract containing 3.742± acres (net). It is zoned SD-5. 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 DHW:JJK c: James J. Kay, Director, Public Works Department 98- 620 TO : Donald H. Warshaw City Manager FROM James J. Kay, Director of Public Works CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE June 2, 1998 SUBJECT : City Commission Meeting of June 23, 1998 - Resolution Accepting the REFERENCES : Proposed Plat of Brickell Chase ENCLOSURES: FILE : The Department of Public Works requests that the attached resolution accepting the proposed plat of Brickell Chase be scheduled for the City Commission meeting of June 23, 1998, because the maximum one year time frame to obtain final plat approval by the City Commission from the date of tentative plat approval by the Plat and Street Committee, as established by Section 55-7(e) of Chapter 55 (Subdivision Regulations) of the City of Miami Code, will expire on July 4, 1998, or between the June 23, 1998, and the July 14, 1998, City Commission meeting. JJK/FM/rjf APPROVE ov Donald �HWa�rShaw� City Manager 98 - 626 o C=CI� GCiJ�I�C P. Be PG. SHEET 1 OF 1 32' 1 18' 1 50' I 6Uj -s 1 0 O I a. I Z `I Uj _z 1 � 0 8 I L o I o IO 9 J r� Un LU J �4 M YV-4 y a 10 UIr o m ao I —i_ a. I © Cl I l.1 `J a I � 11 r� w ( 0 � I I 12 I� — f LJ Iy 13 Icr- m I i4 I 1 50, :1 CD LID 00 rU 0 o Ui ai o -7 v Ln m I rn ., �I I 32' 4 i 8' I 50' A RESUBD I V I S I ON OF BLOCK I 1 11 AMMENDED PLAT PLAT OF POINT VIEW , PLAT BOOK2,ATPAGE 931SECT I ON 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST POLLY LEWIS DONATION, CITY OF MIAMI MIAMI-DADE COUNTY, FLOR I DA PREPARED BY E. R. BROWNI'LL ASSOC I ATES, I NC. CONSULTING ENGINEERS LAND SURVEYORS 3152 Coral Way Miami, Florida, 33145 PHONE: (305) 446--3511 FAX: (305) 444-2034 SCALE: i" = 40' AUGUST 1997 50 0 40 100 150 GRAPHIC SCALE 0 I TRACT "All I TRACT "All FORTE PLAZA (PB 96 PG 21) ST. JAMES AT BRICKELL (PB 146 PG 99) /¢ 4U o CDO 6.6 `p /�It m SE 14th TERRACE �, 31 / S75° 00' 00' E —� 572.50' — — — — _ —_— / _ CM 547. 88E 5' R/W DE" ' "ATED BY THIS PLAT — — — --- PRM •PRM — — — — — — — —472. B8' S . 75 ° 00 `00"E . �O• � 32 � R= 25. 00' A=90° 00' 00' / ° A=39.27' \ CM \ o 33 \ r'' `n co \ d \ q 1 CM ' I 1 wQ `' c: r V rn � e I N co 0 o TRACT A �' � I w' I LO(10 cu 3.742 ACRES +/- n a oU o . z 34 cm c' `+ w � to � / sr CM cd 11=25. 00' �9 0. A=69° 57 i5" A=39. 25 PRM 472, B7' N.74057' 15"W. • PRM °�o TRACT A -- -- -- -- — -- --- -- ---- a m L- 5' R/W DEDICATED BY THIS I S PLAT K) o _�'� / BELLA BAH I A SUB. 547. 83' _ _ P \ ( PB 109 PG 13) N74057' i5" W 572. 36' - -- — PCP CM 6.53 0. \ N SE �� 14th LANE � I w z o rY) C1 (77 1L o a. a N �m Ci a M w a 50' JLOT 45 BLOCK 2 TRACT "A" TRACT IAA �� \ 1 JANINP ENOEa PLAT OF POINT V I EW , EAST BRICKELL TOWER SUB. COSTA BELLA DEVELOPMENT SUB \ - ( PB 2 PG 93) 1 ( PB 117 PG 86) I (PB107 PG 14) SURVEYORS • NOTES. C I -iY OF MIAMI APPROVALS: DENOTES CENTERLINE THIS PLAT WILL NOT RESULT IN A REDUCTION IN THE LEVEL OF SERVICES FOR THE N1 DENOTES CITY MONUMENT LINE AFFECTED PUBLIC FACILITIES BELOW THE LEVEL OF SERVICES PROVIDED IN THE O P.R.M. DENOTES PERMANENT REFERENCE MONUMENT MUNICIPALITY'S COMPREHENSIVE PLAN; THEREFORE, IT WAS APPROVED AND THE FOREGOING • P.C.P. DENOTES PERMANENT CONTROL POINT DEDICATIONS WERE ACCEPTED BY RESOLUTION NO. ___________________ PASSED AND a DENOTES CITY OF MIAMI MONUMENT ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, THIS ___---.___-- DAY OF --------------------------, 1998. BEARINGS SHOWN ARE BASED ON AN ASSUMED MERIDIAN WHERE THE CENTERLINE OF �\ BRICKELL AVENUE BEARS N 15' 00' 00' E SE— path STREET SIGNEO:________________________________ CITY MANAGER ALL RADII ARE 25.00 FEET, UNLESS OTHERWISE SHOWN. THE AREA DEDICATED FOR RIGHT OF WAYS BY THIS PLAT IS 6,890 SQUARE FEET MORE OR LESS. 1 w I TNF S"TRFFT NAMF nF RR1CKFI RAY nRIVF Fq'rARI_ISHFDRY THECITYOF MIAMI ORDINANCE NO 11404 ATTEST: _____________ .____________________ CITY CLERK I � L w SE 14th TERRACE\ N{ n 6 9 4 3 I 2 2� 1 I - 21 10 { I 1 15 14 PS 16 17 18 0 1 J 12 19 {Y SE 14th LANE^� U J `r- m S�. RpgO LOCA'T I ON MAP PORTION OF SECTION 39-54--41 POLLY LEWIS DONATION SCALE: 1" -300" �1 Id 0 m .J BRICKELL CHASE NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. SURVEYORS CERTIFICATE: Y HEREBY CERTIFY: THAT THE ATTACHED PLAT ENTITLED 'BRICKELL CHASE', IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS AS RECENTLY SURVEYED AND PLATTED UNDER MY ' DIRECTION; THAT THE SURVEY DATA AS SHOWN ON THIS PLAT COMPLIES WITH THE APPLICABLE REQUIREMENTS OF CHAPTER 177, PART Z.,FLOP IpA STATUTES, AND THAT 'TttE PERMANENT REFERENCE MONUMENTS HAVE BEEN SET. E. R. BROWNELL S SSOC I ATES, INC. '1�� 4I4' �uft.� BY. -------_ - - - _----------- -- MARK STEVEN JOH ON,rSR. VIE PRESIDENT PROFESSIONAL LAND SURVEYOR #4775 STATE OF FLORIDA THIS IS TO CERTIFY THAT THIS PLAT APPEARS TO CONFORM TO ALL THE REQUIREMENTS OF CHAPTER 5 5 OF THE CITY OF MIAMI CODE AND CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE. CERTIFIED THIS _ _ 7- OAY OF_-_ ----/N-` ____-- ----_, A. D. , 1998, BY: - ------------- DIRECTOR OAPU L WRKS DEPARTMENT MIAMI—DADE COUNTY APPROVALS: THIS IS TO CERTIFY THAT THIS PLAT APPEARS TO CONFORM TO ALL OF THE REQUIREMENTS OF CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE. CERTIFIED THIS _ _________ DAY OF -------------------------- A. D., 1998. SIGNED: ------------------------------------ DIRECTOR DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION RECORDING STATEMENT: FILED FOR RECORD THIS -------- DAY OF -----------------------, A.D., 1998, AT ___- : --__ ----- M., IN BOOK ________ OF PLATS, AT PAGE -------- OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THIS PLAT COMPLIES WITH THE LAWS OF THE STATE OF FLORIDA AND MIAMI-DADE COUNTY, FLORIDA. HARVEY RUVIN CLERK OF CIRCUIT COURT BY: -------------------------------- DEPUTY CLERK I KNOW ALL BY THESE PRESENTS: THAT TERREMARK BRICKELL II, LTD. , A FLORIDA LIMITED PARTNERSHIP, HAS CAUSED TO BE MADE THE ATTACHED PLAT ENTITLED "BRICKELL CHASE" THE SAME BEING A RESUBDIVISION OF THE FOLLOWING DESCRIBED PROPERTY: LEGAL DESCRIPTION: LOTS i THROUGH 23, INCLUSIVE, BLOCK i, TOGETHER WITH THOSE ALLEYS LOCATED WITHIN SAID BLOCK 1, A M MENDED PLAT OF POINT VIEW', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, AT PAGE 93 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AN EXPRESS PURPOSE OF THIS PLAT IS TO CLOSE, VACATE, ABANDON AND DISCONTINUE FROM PUBLIC USE ALL OF THE TEN FOOT ( ff ALLEYSIN BLOCK i, OF SAID"AM MENDED PLAT OF POINT VIEW". MIAMI—DADE COUNTY PLAT RESTRICTIONS: THE AVENUE, LANE, AND TERRACE AS SHOWN ON THE ATTACHED PLAT, TOGETHER WITH ALL EXISTING AND FUTURE PLANTING, TREES, SHRUBBERY, AND FIRE HYDRANTS THEREON ARE HEREBY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC FOR PROPER PURPOSES, RESERVING TO THE DEDICATORS, THEIR SUCCESSORS OR ASSIGNS THE REVERSION OR REVERSIONS THEREOF, WHENEVER DISCONTINUED BY LAW. NO INDIVIDUAL WELLS WILL BE PERMITTED WITHIN THIS SUBDIVISION, EXCEPT FOR SWIMMING POOLS, SPRINKLER SYSTEMS AND/OR AIR CONDITIONERS. THE USE OF SEPTIC TANKS WILL NOT BE PERMITTED WITHIN THIS SUBDIVISIONIUNLESS APPROVED FOR TEMPORARY USE IN ACCORDANCE WITH COUNTY AND/OR STATE REGULATIONS. ALL NEW ELECTRIC AND COMMUNIL ION LINES, EXCEPT TRANSMISSION LINES, WITHIN THIS SUBDIVISION, SHALL BE INSTALLED UNDERGROUND. IN WITNESS WHEREOF: THE SAID TERREMARK BRICKELL II, LTD. , A FLORIDA LIMITED PARTNERSHIP, HAS CAUSED THESE PRESENTS TO BE SIGNED FOR AND ON ITS BEHALF BY TERREMARK BRICKELL 11,1NC. A FLORIDA CORPORATION, ITS GENERAL PARTNER, THIS DAY- _______f1'm------=-__=_', A. D. , 098. , cl TERREMARK BRICKELL II, LTD., A FLORIDA LIMITED PARTNERSHIP BY: TERREMARK BRICKELL 11, INC.,GENERA� PARTNER C-1 ' ��"'"1 I ATTEST:!/ _ PHILIP LOVETT, VICE-PRESIDENT-- ACKNOWLEDGEMENT: ` `J STATE OF NEW YORK COUNTY OF NEW YORK SS: r I HEREBY CERTIFY: THAT ON THIS DAY PERSONALLY APPEARED BEFORE ME, AN OFFICER DULY AUTHORIZED TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS, CHRISTOPHER M. JEFFRIES AND PHILIP H.LOVETT, PRESIDENT AND VICE PRESIDENT RESPECTIVELY OF TERREMARK BRICKELL II, INC. , A FLORIDA CORPORATION AND GENERAL PARTNER OF TERREMARK BRICKELL II, LTD. , A FLORIDA LIMITED PARTNERSHIP WHO ARE PERSONALLY KNOWN TO ME AND WHO EXECUTED THE FOREGOING INSTRUMENT FREELY AND VOLUNTARILY AS SUCH OFFICERS FOR THE PURPOSES THEREIN EXPRESSED AND WHO DID NOT TAKE AN OATH, WITNESS MY HAND AND OFFICIAL SEAL THIS L����DAY OF -____--_ A. D. , i99B. MY COMMISSION EXPIRES.4/1 /2000 BY: _-_�________________ _----- L I SA --R 0 M ANO----------- LISA ROMANO------- Notary Public, state of New York PRINTED NAME OF ACKNOWLEDGER Qualifies nRNOas�sauCoZny NOTARY PUBL I C, STATE OF NEW YORK Commission Expires 4J1r2000 CON14 I SS I ON NUMBER: __ 01 R 050582Q8____" MORTGAGE: KNOW ALL MEN BY THESE PRESENTS: THAT MILLENNIUM ACQUISITION LLC , A DELAWARE LIMITED LIABILITY COMPANY, THE OWNER AND HOLDER BY ASSIGNMENT, DATED FEBRUARY i9, 1998 AND RECORDED FEBRUARY 20, 1998, IN OFFICIAL RECORDS BOOK 17988, AT PAGE 1980, OF THAT CERTAIN MORTGAGE DATED JULY 2,1997 AND RECORDED JULY 3,1997, IN OFFICIAL RECORDS BOOK 17701, AT PAGE i840 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, DOES HEREBY CONSENT TO THIS PLAT AND JOINS IN THE ABOVE DEDICATIONS, IN WITNESS WHEREOF: MILLENNIUM ACQUISITION LLC , A DELAWARE LIMITED LIABILITY COMPANY, HAS CAUSED THESE PRESENTS TO BE SIGNED FOR AND ON ITS BEHALF BY ITS VICE PRESIDENT AND, AND IT� CORPORATE SEAYO BE HEREUNTO AFFIXED AND ATTESTED BY ITS SECRETARY THIS --- Z.- DAY OF ------- N-------- A. D. , i99B. MILLENNIUM ACQUISITION LLC, A DELAWARE LIMITED LIABILITY COMPANY n A - __-__VICE PRESIDENT PHILI; f. LOVETT • c ATTEST:__ ______ V `y ____ SECRETARY BR AN J. OLLINS , A CQG ACKNOWLEDGEMENT: UPKO STATE OF NEW YORKCOUNTY OF NEW YORKSS: 1 HEREBY CERTIFY: THAT ON THIS DAY PERSONALLY APPEARED BEFORE ME, AN OFFICER DULY AUTHORIZED TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS, PHILIP H. LOVETT AND BRIAN J. COLLINS, VICE PRESIDENT AND SECRETARY RESPECTIVELY OF MILLENNIUM ACQUISITION LLC , A DELAWARE LIMITED LIABILITY COMPANY WHO ARE.PERSONALLY KNOWN To ME AND WHO EXECUTED THE FOREGOING INSTRUMENT FREELY AND VOLUNTARILY AS SUCH OFFICERS FOR THE PURPOSES THEREIN EXPRESSED AND WHO DID NOT TAKE AN OATH. WITNESS MY HAND AND OFFICIAL SEAL THIS7,dDAY OF _L ---------- A. D. , i99B. — . 1\' MY COMMISSION EXPIRES: _4/1 /2000 __BY: �__----------- _ _J-LSL- -_(3AQMAKQ---------------- LISA ROMANO PRINTED NAME OF ACKNOWLEDGER Notary public, State of New York NOTARY PUBL I C, STATE OF � R0V&1�208 No.01R05458248 N COMMISSION NUMBER: QualifledinNassauCo�n ___.._________________ Commission Expires 4/1r2000 9s- 626