HomeMy WebLinkAboutR-98-0942J-98-1041
9/28/98
RESOLUTION NO. 9 8- 9 4 2
A RESOLUTION, WITH ATTACHMENT, APPROVING AND
ACCEPTING A COVENANT TO RUN WITH THE LAND,
ATTACHED HERETO AND MADE A PART HEREOF,
PROFFERED BY LARRY PERL, OWNER OF LOTS 1 AND
2 OF BLOCK 1 OF PERL SUBDIVISION, AS RECORDED
IN PLAT BOOK 144, AT PAGE 10, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS
GUARANTEE FOR THE PERFORMANCE OF THE TERMS OF
AN AGREEMENT ENTERED INTO BETWEEN THE CITY OF
MIAMI AND LARRY PERL, DATED JUNE 18, 1993,
FOR THE PURPOSE OF CONSTRUCTING CERTAIN
OFF -SITE IMPROVEMENTS WITHIN THE PUBLIC
RIGHT-OF-WAY ADJACENT TO THE ABOVE DESCRIBED
PROPERTY; FURTHER AUTHORIZING THE CITY
MANAGER TO RELEASE LETTER OF CREDIT NO.
SB-UNIV-1231, IN THE AMOUNT OF $9,000.00,
EXECUTED BY UNIVERSAL NATIONAL BANK, AS
CURRENT GUARANTEE FOR PERFORMANCE OF THE
TERMS OF SAID AGREEMENT.
WHEREAS, the Miami City Commission accepted a plat entitled
Perl Subdivision at the July 22, 1993 Commission Meeting; and
WHEREAS, as a condition of plat acceptance, and pursuant to
Chapter 54 and 55 of the Code of the City of Miami, as amended,
Larry Perl("Owner") entered into an agreement with the City on
June 18, 1993, requiring said Owner to construct certain off -site
improvements within the public right-of-way adjacent to his
ATTACHMENTS)
CONTAIXED
cm COMMSMON
NXEMc OF
SEP 2 8 1998
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property encompassed by said plat; and
WHEREAS, the Owner posted Letter of Credit No. SB-UNIV-1231,
in the amount of $9,000.00, executed by Universal National Bank
as guarantee for the performance of the terms of said agreement;
and
WHEREAS, the Owner requests release from the obligation to
maintain the Letter of Credit as proposed residential development
on the lots created by the Perl Subdivision plat, is not
presently contemplated; and
WHEREAS, in -lieu -of said Letter of Credit, the Owner will
execute and deliver to the City a covenant to run with the land
guaranteeing performance of the terms of said agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in The
Preamble to this Resolution are hereby adopted by reference and
incorporated herein as if fully set forth in this Section.
Section 2. A covenant to run with the land, attached
hereto and made a part hereof, proffered by Larry Perl, Owner of
lots 1 and 2 of block 1 of Perl Subdivision, as recorded in Plat
Book 144, at Page 10, of the Public Record of Miami -Dade County,
Florida, is hereby approved and accepted as guarantee for the
performance of the terms of an agreement entered into between the
City of Miami and Larry Perl, dated June 18, 1993, for the
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purpose of constructing certain off -site improvements within the
public right-of-way adjacent to the above described property.
Section 3. The City Manager is hereby authorized to
release that certain Letter of Credit No. SB-UNIV-1231, in the
amount of $9,000.00, executed by Universal National Bank, as
current guarantee for performance of the terms of said Agreement.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 28th day of
September , 1998.
JOE CAROLLO, MAYOR
In a000Rlance wkhh Miami Code Sec. 2-36, since the Mayor did not indicate approval of
Oft k9idadOn by signing it in the designated place provided, said legislation now
be"" e5ec*e with the elapse of ten (10) flays from the date of mmission action
ATTEST: IN�lOUt the MayOr� Xcisi a veto.
r l /� A
WALTER J. FOEMAN, CITY CLERK
APPROVE T FO RECTNESS:/
—00007
0 VILARELLO
TY ORNEY
4e'2978:CSK
City Clerk
' 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.
3 98- 942
THIS COVE14ANT, made and entered into this day of
. 1993k by and between Larry Perl, hereinafter called OWNER
and the THE CITY OF MIAMI, a municipal corporation of the State of
Florida, in the County of Dade, hereinafter called CITY; and
WHEREAS, Larry Perl, is the fee owner of Lots 1 and 2, Block 1, of
Perl Subdivision as recorded in Plat Book 1", at Page 10 of the Public
Records of Dade County, Florida, A/K/A 1866 South Bayshore Lane, Miami,
Florida, hereinafter called PREMISES; and
WHEREAS, at a meeting of the Miami City Commission on July 22,
1993, CITY accepted and confirmed a plat entitled Perl Subdivision; and
WHEREAS, as a condition of acceptance of said plat by CITY,
pursuant to Chapters 54 and 54.5 of the Miami City Code, OWNER entered
into an agreement with CITY on June 18, 1993, which requires OWNER to
construct certain off -site improvements within the public right-of-way
adjacent to the PREMISES; and
WHEREAS, OWNER has posted Letter of Credit No. SB-UNIV-1231, in
the amount of $9,000.00 executed by Universal National Bank to guarantee
the performance of the terms of the aforesaid agreement; and
WHEREAS, OWNER now asks to be relieved of the obligation to
maintain the aforesaid Letter of Credit by allowing said Letter of Credit to
expire, since the PREMISES will not at the present time be developed by
OWNER as residences on the two (2) separate lots created by the plat of
Perl Subdivision; and
WHEREAS, in -lieu -of the aforesaid Letter of Credit, OWNER will
execute and deliver to CITY this covenant to run with the land as guarantee
of the performance of the terms of the aforesaid agreement; and
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1 1�
WHEREAS, should OWNER or any future owners, heirs, successors
in interest or assigns of OWNER develop the PREMISES at a later date,
which would result in the establishment of two separate residences on the
PREMISES, then CITY will enforce the terms of this covenant to run with
the land.
NOW, THEREFORE, in consideration of the PREMISES herein set
out, OWNER hereby covenants and agrees with CITY to construct or cause
to be constructed and remove or relocate at the sole cost and expense of
OWNER, the improvements set forth in Exhibit "B" of that certain
agreement by and between OWNER and CITY, dated June 18, 1993, more
particularly described as follows:
1. Construction of 145 square yards of asphaltic concrete
pavement, including the removal of existing pavement,
reworking of existing limerock base and the addition
of new limerock base to redevelop the street to CITY
record grade,
2. Removal of 100 lineal feet of existing curb and/or
gutter,
3. Construction of 100 lineal feet of new standard
concrete curb and gutter,
4. Construction of 500 square feet of standard 4-inch
and 6-inch concrete sidewalk,
5. Installation of one (1) 8-inch x 6-inch wye fitting on
the mainline sanitary sewer adjacent to PREMISES
in accordance with standards for same established
by the Miami -Dade Water and Sewer Department of
Metropolitan Dade County and
6. Installation of 20 lineal feet of 6-inch sanitary sewer
lateral pipe in accordance with standards for same
established by CITY.
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98- 942
OWNER, covenants and agrees with CITY to construct or cause to be
constructed the improvements set forth in the preceding paragraph to the
proper line and grade adjacent to PREMISES upon thirty (30) days written
notice from the Director of the Department of Public Works of CITY,
addressed to OWNER at 1866 South Bayshore Lane, Miami, Florida. With
reference to item No. 4 above (4" and 6" concrete sidewalk), OWNER will
not be required to construct new sidewalk until all properties (owners)
without frontage sidewalk on the southeasterly side of South Bayshore
Lane between Fairisle Street and the most northeasterly boundary of the
plat of Crystal View as recorded in Plat Book 12 at Page 47 of the Public
Records of Dade County, Florida, are notified by CITY that they must
construct new sidewalk at the base building line of South Bayshore Lane.
Upon completion of construction of the aforesaid improvements by
OWNER, OWNER further covenants and agrees with CITY to submit to the
Director of the Department of Public Works of CITY, a letter from a State of
Florida Registered Land Surveyor certifying that the Permanent Reference
Monuments indicated on the Plat have been installed and properly placed.
In the event that OWNER shall fail to construct said improvements
and provide said certification of Permanent Reference Monuments within
thirty (30) days after the mailing of the written notice to OWNER from the
Director of the Department of Public Works of the City of Miami, Florida,
then the Director of Public Works shall act as agent of OWNER of any lot or
parcel of land described in written notice, which agency is hereby
specifically created, and said Director shall cause the said improvements
to be constructed at the expense of 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, provided under the Statutes of the
State of Florida.
!cll
It is expressly agreed that this obligation shall be binding upon
OWNER and also heirs, successors in interest or assigns of OWNER, and
shall be a condition implied in any conveyance or other instrument
affecting the title of the aforesaid PREMISES or any portion thereof.
IN WITNESS WHEREOF, OWNER has hereunto set his hand and seal
on the date first above set forth.
Signed, se a livered in the presenc
C Lc
1st W' s to Signature LA RY PE L
C' 174
Print Name
7U
Print Address > 3l y3
;nd
, State d Zip Code
Witness to an.
Jd foQs J . Kay
Print Name
Coral ie4-,qb(es, F-L 33/3*
Print Address
City, State and Zip Code
STATE OF FLORIDA)
COUNTY OF DADE)
foregoing instrument was acknowledged me this Af day
e-dif.D. 19 y Larry P rl who is personally known to me or
identification
ana-wno tup .t ot) to e o
`'lifiy�C0MMIssi6'n Expires Notary Public, State of Florida
V!
APPROVED AS TO FORM AND
CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
APPROVED:
DEPARTMENT OF
PUBLIC WORKS
98 - 942
TO
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Members of the DATE
City Commission
SUBJECT:
FROM
Tomas Regalado
Commissioner
REFERENCES:
ENCLOSURES:
September 28, 1998
Pocket Item
FILE :
I introduce the following resolution approving and accepting a covenant to run with the
land, in the form attached, for the purpose of construction of certain off -site
improvements within the public right-of-way, and authorizing the City Manager to
release that certain letter of credit No. SB-UNIV-1231, in the amount of $9,000.00,
executed by Universal National Bank, as current guarantee for performance of the terms
of the aforesaid agreement.
98- 942