HomeMy WebLinkAboutR-97-0664•
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•
J-97-689
7/11 /97
plat;
RESOLUTION NO. 9 7_ 664
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BAYSHORE
PALMS, 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 DADE COUNTY, FLORIDA.
WHEREAS, the City Department of Public works recommends the acceptance of the
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The plat entitled BAYSHORE PALMS is a replat of Lots 1, 2, 3, 4, 5 and 6,
Block 1, and the 10-foot wide Private Lane lying South of said Lot 6, Amended Plat of
Hibiscus Place, Plat Book 3 at Page 110; and portions of Lot B and the 4-foot wide walkway
lying within and along the South line of said Lot B, Amended Plat of Mirado Court, Plat
Book 14 at Page 44 and a portion of Lot 26, Block 105(S), Amended Map of Brickell's
Addition to the Map of Miami, Plat Book B at Page 113; and a portion of Lot 9,
Highleyman's Subdivision, Plat Book 1 at Page 184; and submerged land and land
(formerly submerged, now filled) lying Easterly of the above mentioned subdivisions,
lying in The Polly Lewis Donation - Section 39, Township 54 South, Range 41 East, City of
Miami, Dade County, Florida, being more particularly described on the attached
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 as Exhibit "A" attached hereto is hereby accepted. The dedications shown on
the plat together with the dedications to the perpetual use of the public of all existing
Cr f COMMISSION
MEETING OF
S E P 2 3 1997
Resolution Na
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 Dade
County, Florida.
Section 3. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 23rd
ATTEST:
A R . FO AN
Cl CLERK
PREPARED AND Ap,RROVED BY:
YA fRTREHYASS A TORNEYA PR EDORM AND CORRECTNESS:
- 2 -
day Of September 1997
JOE CAROLLO, MAYOR
07- 664
ATTACHMENT 1
Portions of Lots 1, 2, 3, 4, 5, 6, Block 1 and the 10 foot wide private lane, lying South of said Lot
6, "Amended Plat of Hibiscus Place", according to the plat thereof, as recorded in Plat Book 3, at
Page 110; portions of Lot B and the 4 foot wide walkway lying within and along the South line
of said Lot B, "Amended Plat of Mirado Court", according to the plat thereof, as recorded in Plat
Book 14, at Page 44; portion of Lot 26, Block 105(S), Amended Map of Brickell's Addition to the
Map of Miami, according to the plat thereof, as recorded in Plat Book B at Page 113; portion of
Lot 9, "Highleyman's Subdivision", according to the plat thereof, as recorded in Plat Book 1, at
Page 184, all of the Public Records of Dade County, Florida, and submerged land and land
(formerly submerged, now filled) lying Easterly of the above mentioned subdivisions. All of the
above being more particularly described as follows:
Commence at monument line intersection of South Bayshore Drive and S. E. 121h Street, as
shown on Sheet No. 37AE of the Municipal Atlas of the City of Miami (last revised .tune 8, 1979);
thence S.760 37' 50" E., along the monument line of said S.E. 12th Street, for 65.01 feet; thence S.
130 22' 10" W., at right angles to the last and next described courses, for 31.00 feet to the point
of beginning of the following described parcel; thence S.760 37' 50" E., along the North line of
the aforementioned Lot 1, Block 1 and its Easterly .prolongation, for 288.42 feet to a point on
the Metropolitan Dade County, Florida, bulkhead line (U.S. Harbor Line), as shown on that
certain plat, as recorded in Plat Book 74, at Page 3 (Sheet 3), of the Public Records of Dade
County, Florida; thence S. 050 37' 20" W., for 203.22 feet; thence S. 020 35' 13.5" W., for 456.59
feet. (Last mentioned two courses being coincident with the aforementioned Dade County
bulkhead line); thence N. 760 39' 05" W., along the Easterly prolongation of the South line of the
aforementioned Lot 9, for 156.46 feet to a point on a curve'(said point bears N. 550 29' 09" E.,
from the radius point of the following described curve); thence Northwesterly, along a circular
curve to the left, having a radius of 741.50 feet and a central angle of 010 09' 53", for an arc
distance of 15.07 feet; thence N. 76' 39' 05" W., along a line parallel with and 10.00 feet North
of, as measured at right angles to, the South line of said Lot 9, for 208.26 feet; thence N. 13' 20'
.55"E., at right angles to the last described course, for 140.00 feet, to a point of curvature;
thence Northeasterly, Northerly and Northwesterly, along a circular curve to the left, having a
radius of 458.43 feet and a central angle of 210 34" 08", for an arc distance of 172.58 feet to a
point of reverse curvature; thence Northwesterly and Northerly, along a circular curve to the
right, having a radius of 398.43 feet and a central angle of 040 47' 04", for an arc distance of
33.27 feet, to a point on said curve (said point bears S. 860 33' 51" W., from the radius point of
the last described curve); thence N. 060 02' 04" E., for 10.08 feet; thence N. 060 08' 30" E., for
45.36 feet; thence N. 130 20' 55" E., for 220.10 feet, to a point of curvature (last mentioned six
courses being coincident with the Easterly right-of-way line of the aforementioned South
Bayshore Drive, as shown on said Municipal Atlas Sheet of the City of Miami); thence
Northeasterly, Easterly and Southeasterly, along a circular curve to the right, having a radius of
25.00 feet and a central angle of 900 01' 15", for an arc distance of 39.28 feet, to the point of
beginning. All lying and being in The Polly Lewis Donation, in Section 39, Township 54 South,
Range 41 East, City of Miami, Dade County, Florida.
Less and excepting from the above described parcel the following:
Begin at the intersection of the aforedescribed bulkhead line (U.S. Harbor Line) with the
prolongation Southeasterly, of the North line of the aforesaid Lot 5, Block 1, "Amended Plat of
Hibiscus Place"; thence Northwesterly, along the prolongation Southeasterly, of the North line
of the aforesaid Lot 5, Block 1, for 2.38 feet; thence Southerly to the intersection of the
aforedescribed bulkhead line (U.S. Harbor Line) with the prolongation southeasterly, of the
South Line of the aforesaid Lot 6, Block 1, "Amended Plat of Hibiscus Place"; thence Northerly,
along the aforedescribed bulkhead line (U.S. Harbor Line), to the point of beginning.
97- 664
*U-ba of �iantp
James J. Kay
WAH)EMAR E. HE
Director
May 22, 1997
Mutual of Omaha Insurance Co.
C/o Greenberg Traurig
1221 Brickell Avenue
Miami, FL 33131
Ladies and Gentlemen:
BAYSHORE PALMS - TENTATIVE PLAT #1505
OFM Edward Marquez
,
'3
7 City Manager
The City of Miami Plat and Street Committee, at its meeting of April 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:
• Show new subdivision "Yacht Club" on north side of N.W. 12 Street.
• Provide express purpose statement for vacation and closure of easements and 10'
wide private lane.
• Does an improved bulkhead exist at shoreline of this plat? Owner may have to
provide a mean high water survey.
• Reference Section 39 as the Polly Lewis Donation.
• Indicate easements to be closed by this plat.
• Emergency access easements may be required by Miami Fire Department. Provide site
plan to Lt. George Scott of the Fire Marshall's Division. (416-1679)
• Contact Miami -Dade Water & Sewer Dept. For any additional requirements.
• Remove concrete slabs on private property.
• To Surveyor's Note No. 10, add the following language: in accordance with.
Ordinance 11000, as amended."
The Plat and Street Committee has reviewed the proposal to vacate and close the
existing easements within the platted property and finds that said closures meet the
Public interest requirements of Sec. 55-15 of the Miami City Code.
DEPARTMENT OF PUBLIC WORKS/ P.O. Box 330708 Miami, FL 33233-0708/(305) 416-1200/ Fax:(305) 416-2153 9 •.. 6 6 DERART►•cr,tT nc ct tat tr unatrcn,c . ] a c r. �;�; +,�ng�) e-y>�856
Mutual of Omaha Insurance Co. May 22, 1997
Bayshore Palms Page 2
in addition to the above requirements, you should be aware of the following:
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.
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.
If you have any questions concerning these requirements, please refer to the attached
sheet for the appropriate person to contact.
Sincerely,
t�az-james J. Kay, P.E.
Chairman, Plat and Street Committee
Enclosure: Contact Sheet
cc: Schwebke-Shiskin & Assoc.
Plat and Street Committee Members
bc: Surveys
Civil Ergi-rmmri ng
Central Files
97664
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
SL--PTEN/BER / 19 97
REPORT OF PROPOSED RECORD PLAT OF
BAYSHORE PALMS
LOCATED ON BRICKELL BAY DRIVE
(FORMERLY S. BAYSHORE DRIVE)
BETWEEN S.E. 12 AND S.E. 14 STREETS
The accompanying Plat entitled BAYSHORE PALMS was prepared by Schwebke-
Shiskin and 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 replat of Lots 1, 2, 3, 4, 5 and 6, Block 1, and the 10-foot
wide Private Lane lying South of said Lot 6, Amended Plat of Hibiscus Place, Plat
Book 3 at Page 110; and portions of Lot B and the 4-foot wide walkway lying within
and along the South line of said Lot B, Amended Plat of Mirado Court, Plat Book 14
.at Page 44; and a portion of Lot 9, Highleyman's Subdivision, Plat Book 1 at Page
184; and a portion of Lot 26, Block 105(S), Amended Map of Brickell's Addition to
the Map of Miami, Plat Book B at Page 113; and submerged land and land (formerly
submerged, now filled) lying Easterly of the above mentioned subdivisions, lying in
Section 39 - The Polly Lewis Donation, Township 54 South, Range 41 East, City of
Miami, Dade County, Florida. The area platted consists of one (1) tract containing
5.07+ acres. 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 James P. Shiskin, Registered Surveyor and Mapper, this Plat
complies with the plat filing laws of the State of Florida.
97- 661
(4) The platted 4-foot wide walkway lying in Lot B, Amended Plat of Mirado Court, Plat
Book 14 at Page 44, and the platted 10-foot wide lane of Amended Plat of Hibiscus
Place, Plat Book 3 at Page 110, will be vacated and closed under Section 55-15(e),
Alternate Method for Vacation and Closure of Platted Easements, of Chapter 55,
Subdivision Regulations, of the Code of the City of Miami, Florida, when the plat of
BAYSHORE PALMS is recorded in the Public Records of Dade County, Florida.
(5) The Certificate of Title Examination dated fI�J��z`,�¢ iy� signed by Albert D.
Ouentel, Attorney, indicates that the fee simple title to the property platted is
correctly vested in Mutual of Omaha Insurance Company, a Nebraska corporation,
and the Plat has been correctly executed.
(6) The area platted is not encumbered by mortgages.
(7) The attached Resolution has been prepared for the acceptance of the Plat by the
City Commission of Miami, Florida.
'�9'JAMES J. KAY, P.E.
CHAIRMAN, PLAT b STREET COMMITTEE
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, MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska
corporation (hereinafter referred to as the "Owner"),
concurrently with the delivery of this Agreement, has applied to
THE CITY OF MIAMI, FLORIDA (hereinafter referred to as the
"City"), for the acceptance and confirmation by the Commission of
said City, of a certain proposed plat of a subdivision to be
known as BAYSHORE PALMS 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 convenants 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
97- 664
•
said City, or prior to the issuance by the City of Miami of a
Certificate of Occupancy for the premises, the Owner will
construct, or cause to have constructed, at his own expense and
in accordance with standard specifications of said City, all
improvements as are listed and described upon the estimate of
cost of said improvements, a copy whereof is attached hereto as
Exhibit "B" and made a part hereof. Although one year is allowed
for the completion of the aforementioned improvements, it is not
in the public interest that such construction 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 Performance
Bond duly executed by the Owner and a surety company or companies
authorized to do business in the State of Florida, as surety, in
the amount of $84,800.00, which amount is not less than one
hundred (1000) percent of the estimated cost of the construction
of the improvements listed in the attached Exhibit "B", plus
twenty-seven percent (270) 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 Land Surveyor certifying that the Permanent Reference
Monuments indicated on the Plat have been installed and properly
placed, said Performance Bond shall be released.
2
97- 664
3. In the event the Owner shall fail or neglect to fulfill
his obligations under this Agreement, the conditions of said
Performance Bond shall be such that the surety or sureties 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; provided that if the Director of the
Department of Public Works of said City so elects, the Owner and
the surety shall be jointly and severally liable to pay to the
City the sum estimated to construct or complete the improvements
set forth on said Exhibit "B" , said sum to be estimated by the
Department of Public Works of said City, and shall pay to said
City any engineering and contingent costs, and any damages direct
or indirect, not to exceed twenty-seven percent (27%) thereof,
plus reasonable attorneys' fees which the City may sustain on
account of the failure of the Owner to carry out and execute all
of 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, the Owner and the surety shall be
jointly and severally liable to pay the City 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 percent (270) thereof, plus reasonable
attorneys' fees, which the City may sustain on account of the
failure of the Owner to carry out and execute the provisions of
this Agreement. Said Performance Bond is attached hereto as
Exhibit_"C" and made a part hereof by reference.
3
97- 664
IN WITNESS WHEREOF, the Owner has caused this Agreement to
be executed in triplicate and these presents to be executed and
signed in its name by its proper officers, and its corporate seal
to be affixed hereto and attested to by its Secretary the day and
year first above set forth.
MUTUAL OF OMAHA INSURANCE COMPANY
Mutual Of Omaha Plaza
Omaha, Nebraska 68175
Signed, Sealed and Delivered
in the Presence of:
By:
P int Name: Brenc/Q , � ► Q enneth R. ook
Address: Mutual Of Omaha Plaza Senior Vice President
Omaha, Nebraska 68175
1-6 "l-kRo V�aA&w
Print Name: HaVts
Address: Mutual Of Omaha Plaza
Omaha, Nebraska 68175
[Corporate Seal]
Attest:
Name: Gotsdiner
Assistant Secretary
4
97- 664
STATE OF NEBRASKA )
SS:
COUNTY OF DOUGLAS )
I hereby certify: That on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments KENNETH R. COOK and J. Z. Gotsdiner, as
Senior Vice President and Assistant Secretary respectively of
MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska corporation, who
are personally known to me and who executed the foregoing
instrument and acknowledged the execution thereof to be their
free act and deed as such officers for the purpose therein
expressed and who did not take an oath.
Witness: My hand and official seal this 27th day of August
A.D., 1997.
GENERAL NOTARY -State of Nebraska Print ame �Q
LAURIE A. STEIGER —
My Comm. Exp. June 29, 1998
Notary Public State of Nebraska
Commission (Serial) Number (if
any)
My Commission expires: ' 19900
Approved and accepted on behalf of the City of Miami, Florida,
this %,e' day of 19�
By:
Directo pa�ent of
Public Works
WITNESSES:
tq►
THIS INSTRUMENT PREPARED
BY DEPARTMENT OF LAW,
CITY OF MIAMI, FLORIDA
E
97- 664
EXHIBIT "B"
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
MUTUAL OF OMAHA INSURANCE COMPANY
FOR IMPROVEMENTS AT
BAYSHORE PALMS
LOCATED ON
BRICKELL BAY DRIVE (FORMERLY SOUTH BAYSHORE DRIVE)
_
BETWEEN S. E. 12 STREET AND S. E. 14 STREET
REMOVE APPROXIMATELY 350 SQUARE FEET OF
$
350.00
EXISTING CONCRETE SIDEWALK
REMOVE APPROXIMATELY 110 LINEAR FEET OF
$
275.00
EXISTING CURB & GUTTER
CONSTRUCT APPROXIMATELY 1,550 SQUARE FEET OF
$
4,650.00
4-INCH CONCRETE SIDEWALK
CONSTRUCT APPROXIMATELY 150 SQUARE FEET OF
$
600.00
6-INCH CONCRETE SIDEWALK
CONSTRUCT APPROXIMATELY 110 LINEAR FEET OF
$
1,100.00
6-INCH CONCRETE CURB & GUTTER
FILL LAND TO A MINIMUM ELEVATION OF FIVE (5) FEET
$
42,820.00
WITH APPROXIMATELY 4,282 CUBIC YARDS OF
SUITABLE FILL MATERIAL (IN PLACE AND COMPACTED)
PROVIDE FOR 10 OAK TREES (INCLUDING ROOT GUARDS)
$
4,300.00
PROVIDE AND INSTALL APPROXIMATELY 850 SQUARE FEET OF
$
425.00
SOLID SOD (INCLUDING SOIL & TOP DRESSING)
PROVIDE AND INSTALL APPROXIMATELY 213 SQUARE YARDS OF
$
2,769.00
11/2-INCH ASPHALTIC CONCRETE PAVEMENT (INCLUDING 8-INCH LIMEROCK BASE)
10% CONTINGENCY
$
5,728.90
17% ENGINEERING AND INDIRECT COST
$
10,713.04
TOTAL ESTIMATED COST OF IMPROVEMENTS
$
73,730.94
AMOUNT OF
$
84,800.00
(115% of the cost of improvements)
O"7 - 664
STATE OF FLORIDA )
COUNTY OF DADE ) SS:
CITY OF MIAMI )
PERFORMANCE BOND
(EXHIBIT C)
Bond No. K05108275
KNOWN ALL MEN BY THESE- PRESENTS: That we, MUTUAL OF OMAHA
INSURANCE COMPANY, a Nebraska corporation (hereinafter referred
to as the "'Principal"), and INSURANCE COMPANY OF NORTH AMERICA, a
Pennsylvania corporation a Surety Company authorized to do
business in the State of Florida, (hereinafter referred to as the
"Surety") are held and firmly bound unto the City of Miami,
Florida, (hereinafter referred to as the "City") in the penal.sum
of EIGHTY-FOUR THOUSAND EIGHT HUNDRED dollars ($84,800.00.) for
the payment of which we bind ourselves, our successors and
assigns, for the faithful performance of a certain written
Agreement dated the 27th day of August, 1997, tendered by the
Principal to the City for the construction of certain
improvements as listed and described upon the Estimate of Cost
attached to said Agreement as Exhibit "B" thereto, and any
engineering and legal fees or contingent costs and damages, said
improvements to be constructed in a certain subdivision known as
BAYSHORE PALMS a copy of which said Agreement is incorporated
herein by reference and is made a part hereof as if fully copied'
herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH.
that, if the Principal shall in all respects comply with the
terms and conditions of said Agreement and shall in every respect
fulfill his obligations thereunder, this Bond shall be considered
complied with; otherwise, it shall remain in full force and
effect. In the event that the Principal shall fail or neglect to
fulfill such obligations, the Surety covenants and agrees that
within thirty (30) days, after receipt of written notice from the
Director of the Department of Public Works of the City of the
Principal's failure or neglect as aforesaid, the Surety will
construct or cause to be constructed the improvements set forth
in said Agreement; provided that, if the Director of the
Department of Public Works of the City so elects, the Surety will
pay to the City the sum estimated to construct or complete the
97 6.64
improvements set forth in said Agreement, said sum to be
estimated by the Department of Public Works of the City, and will
pay to the City any engineering and contingent costs, and any.
damages, direct or indirect, not to exceed twenty-seven percent
(27%) thereof, plus reasonable attorneys' fees which the City may
sustain on account of the failure of the Principal to carry out
and execute all of the provisions of said Agreement; provided
further that the City Commission of Miami, Florida, shall have
the right to construct or cause to be constructed, after public
advertisement and receipt of bids, the improvements as provided
for in said Agreement, and in the event that the City Commission
of Miami, Florida, exercises such right, the Principal and the
Surety shall be jointly and severally liable thereunder to pay
the City the final total cost of said improvements, together with
any engineering and contingent costs, and any damages direct or
indirect, not to exceed twenty-seven percent (27%) thereof plus
reasonable attorneys' fees which the City may sustain on account
of the failure of the Principal to carry out and execute the
provisions of said Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Performance Bond to be executed in triplicate this 27th day of
August, A.D. 1997.
i
MUTUAL OF OMAHA INSURANCE COMPANY
By:
Mark S. Wray
Vice President -Conti gency
Planning
APPROVED AS TO FORM & LEGALITY
City Attorney
ACCEPTED BY SURETY this
27th day of August, 1997
INSURANCE COMPANY OF NORTH AMERICA
n Surety �
M
sep tsu y
s _ or y-in-Fact
Gsgni
Button Harris, Florida Resident Agent
0336265901
0131 S.W. 40th Street
Miami, FL 33165
2
ompany-.of
jnsurari&6,.1C
J.
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-POWEWOF_`-��,, , Ojii'
a C4GNA c6Tpo y, in
�-'ATTORN Y:,,,,
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-6111. m by. these -presents: T hat,� I NSURAINCE. COMPANY. OF -NORTH AMERICA, a corporatib6.1
��'��Know-� en �ftke'Eornrrtorlwealt
-of Pte-nins'yi-vania,'having: its-, prihcipal �Cf fice',-'ih f 11
T�ylvania, pursuant t6,,the to o
it"to 'A111C 165`,ilft• and "s*,l of the ey-Laws•' the. f0flo-wing, Rules shall.! govern,' tile"execution. for the C.rrlpiiny', recogniiencede-�
contracts aq th d'a' of wntwc; in the'nalurs thereof
he `President, any, Vice Ores,deni, any Assistant Vice Presideoi,.or any At An -Fact, may execute for and on behaif of the;Cdmpany'iiny and a1l'6dnds,:'.*
�ra o6k •any Seniorvce.- tomey
§ec�eta�y, or any Assistant-Corpo�iile Secretary. and�_,
;;'That {he
r96o milings-in the nature thereof; the to be attested when necessary by the Corpoirale-�
gnizances. rbni�acis,anq other -and atilfioriiii any -other 'Cffic9r---,,.
-(elect 9 Company, and Atlorneyrrin'Fact to so exec �
)a! of the co*�npany.affi xed thenito;�and that the Preiidenl, aanySenior.vi6e President, arty Vice PFesiclent or any Assistant Vice President may appoint
Of e's'ec or �ppoiriled) of the execute or attest 16 the execution of all such writings on behalf of.the Company and . lho;Company thereto, .1c; Affix lhii,thereto,
orate Secretarr,,
shaff be as binding ypgn the Company.in any, (2)`.',-'/.Any such writing executed 1,r*acCoTcance-with these Rules' case.as,though signed by �he President.and, a1l65tQd�t6.b�'lh'WCo
SO �po f
y Assistant President and the seal 6f the, Company maybe affixed by,facsimiLe on'an war 0 attorney,�,,
_171 3), e sgnatur, of the President, ore eniorV[ce resident:or a Vice Pres�dent. or�an
this Resolution. and the signature of a'cerlifying Officer and.thb seal the company,�ia be affixed y facsimileto any certificate of any Such power, -and any such power Z;X '. I y
-�granlecl pursuant to
certificate bearing such lacsmife
i signature and seat shall be valid and binding on the Company.
�',Skh othel Officers of lhi COMPEny, and Alto . nejs,in'Fact`shall have auth ontj to 'certify or verify copies of this Resolution. the By -Laws of the Company, and.any affidavit or record of th'a""" -
b
(,Company
necessary to the discharge 61.1fioir out6es'.
5) revoke-Ttie,l:iassage _Ef this Resolution does not revoke any earlier authority granted by R ons of the Board of Directors*acoptecl on June 9 1953. May 28.1975 and March 23,
doeS'h4r66i',no.-ninate,'c6nstitute and appoint .'..jOSEPH:H.:,BUSHEY, BERNARD J . AKROMIS WI LMA S OWE R S san id;
D IANE',',- TAYLOR`- all of thle 'City of, Omaha St'ate'.' of Nebraska-'
Y
CL --- ---- ----- -- -- - - - - - - - - -- each individually -if` here..be".mor@'than one
-
o
-o haAea its true and lawful -'attorney -in -fact, to make, execOte>seal 'ind deliver on:iti'behalf,- and as its act - aind, d6Q:-,Snq, -and-all 0`us;
z
Z) - t l5brialties-not exceeding
0 6ndertaki6gs,;recogniz a nces;, contracts -and other writ i ngsin -thie. nature thereof in TEN- MILLION----.-"--,",
�-V
_'IbOLLARS'($�* i,an , e,ekecutioh of 10, 000i obb-_--)
------------------------
C:
ce,of.,ihesepre§ents,ahall belas:bi'ndng upon said Company; as fully and amply as. it. they,,had,.been" duly executed -0�; CZand-acknowledged ,by:the.,rlarl y 'e166te'd officers.of A he -.Company at its principal office:
narrte�,.and, a ixe' `Ihe
'11\1'-,�'.WITNESS,� WHEREO�,-' tfi6'." Said. R' E. - Giveans;, Vice -President', %has';, hereunto subscrib,pd,., is,�_ ffi d�,`
LU
--,cbrp6rate s-ea of-the-saidIN'SU"RACECOMPANY,OF NORTH AM ERICAthis,'2n d
z day:of November X"
NORTH
NY OF. NORT IXI�� COMPANY
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R.�E,. GIVEANS Vice
.0 :,COMMONWEALTH.OF PENNS YLVANA
,,:COUNTY,O•F,
MPHiLADLLPHIA'
A b�'i Wbmi'me;,4.N�
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'On Itar PUblic,bf,�,�'
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""" hi_ladelphiA�-� 7.
N§URAiki�C
'carnfi k,: L"di'v6ns, �'Vice-Presi dent 0.
th6;C6MM6hWealth of Penn'§��'Ivania in. and. io*r the t66nty,,6f;'P ... f I
cute t e-pi di-n' 'ackWwledge
0'�`-'.OF'NORTH:Am rsonally. known.: ta be. the: ihdividbal:4nd.6f f i6bir.. who ex6 d h' -e' Cie' g,,instrum.enI,,x'and,:h0,
ERICA to. me'Oe
N'
t6-'seal/bf. sAid,,Cdmpank
As-
sarrid, and. that.,t. e.seal. affixed,to,-thie� ocffhg,,jn's �that
h , , 0*, . . �. �'
-execbt&d7,tfi& trurilreint, e corpora
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x 6h
-corporate:sea,,an hitssignaturew&6dOly affi ed by tfi&'aUth .0 airid.directibnof -the sat cor pted by4
w in- force Cori preceding If
,:,Board 1��, C
60 pany :refibirr6d t ri the Olaf
ky - seal h�V 8REOFj have hereunto s'et: my hand,and�affixed rAy.of ficial s at the City
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'AMERIQ-1A_.. O;he ,Ce tjfk1fj
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J.-I, ii-mitness hereunto ,*,S u D S q�iqq M < il xeG-,v gt e
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�'� �' '�" / • .,HIS;P;QViIER'OFA�TTORNEYMAYJNQTiBE:USEO'FO\ )R!�+ r,e
NI
A rb A
inion of Title
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 the complete abstracts of Title, title insurance
policies, title insurance commitments, and certified title
searches completely covering the period from the beginning to
August 24, 1997, inclusive, of the following described real
property:
See Exhibit A
Basing our opinion on said complete abstract and other data
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:
MUTUAL OF OMAHA INSURANCE COMPANY, a Nebraska corporation,
subject to the following encumbrances, liens, and other
exceptions:
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:
97- 664
6. By a reason of a portion of subject property being
submerged or filled -in land, said land and property is
subject to the rights of the United States by reason of
its control over navigation for commerce, especially in
time of war, or for use for navigable purposes, and
also subject to the rights reserved to the United
States in the permit under which the said land was
filled -in.
7. Resolution adopting and providing for annual
assessments for Metromover Stage I -Omni and Brickell
Extensions Project, filed June 17, 1986, in Official
Records Book 12923, at Page 2618, filed September 19,
1989 in Official Records Book 14258, at Page 2399,
filed August 28, 1991, in Official Records Book 15168,
2314, filed August 27, 1993, in Official Records Book
16035, at Page 3996 and filed August 23, 1996 in
Official Records Book 17326, at Page 2605.
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 BAYSHORE PALMS:
Name Interest Special Exception
Number
Mutual of Omaha Fee Title N/A
Insurance Company holder
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'28th day of August, 1997.
GREENBERG TRAURIG HOFFMAN LIPOFF
ROSEN & QUENTEL, P.A.
By:
Albert . Quentel
1221 Brickell Avenue
Miami, FL 33131
_ G'64
EXHIBIT A
q"
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L664L,0SSCR/PT/0u-
kUOWALL MfMBYT,11,'SFPRSS-6A/TS: V7
TH47-(!U7lL41-OfOMA114/1/SURAl/CEL7JMPA(/Y4 VELiRASKAL}7RMI¢4T/OCI 4U71/OQ/LS'DR7G0BUS1,VrSSI,V7NESTATEOFFLOR/DQ, `/QS�USeDTOBEtiL41)E7I,(�A7TA !ED
PzA7ENT'Meo"BAYSNOR£PALMS;THES4.',EBE/,VGAREPLATOF/49RT10.41SOFLOTS1,2,3,4SG;BLIk'K1:4U0THE/OI7/OTtV!OL?PRruArEL4(/ LyiV SOLIT//&S4iD.
LOTG, ';WeVDED PLAT OFy/B/SCUS FL406,-44 ORDI,Ufy' IU 77/EPLA7THEREOF, AS RECORG�ED /N fC4T BA?K 3,ATPAGE!/O; ftJRT/OuS Of L078 A uD Tf/E ct;�Gt:trlt//G
W4LKWA Y [ y/(/G W/TH/I/A,UO ALO,US TX/ESOUT�/ [✓,LIE OF SO/OLOT 8, :41/E,tJDEO f�ATOfti1/R41:17 COURT;'AGLt7.�D/,UG TOTHEPCAT TS'EREO� AS RG'Cl�DfO /�/,P�qT
800K /.4, AT P,4GE44 ; I•�RT/O.0 OFLOT26,BLOC,�(JOSS, "r1MEVDL:'D MAPQF BR/CKFLLS ADD/T/ON7U TNT MAPOFM/.4M;'ACCORDivO TO �/E gaTTlIEREdf,
AS RECORDED /,V PL4T BAOK 8, AT PAGE I/3 ; R7RT/O,VOf LOTS, ",�IIG;yLEy�s24,vS SU6D�viS/O�J ;'ACCCLQD/.vG:TO TREPG4T771�'REOF, AS RECQRLIEO/c/f�TBQOK .
/, A T PAGE 184, ALL Of THE PUBLIC RECORDS OF DAL5 COU,VTy, FLOR/DA A VD SUBMERGED LA,VDA vD L 4.c/d {FOQMERLYSUBMCRGM'D, VOWF/LLED) [ y/ E/r�
E4S7ERL y 0R NEA SO v,' ME,U710,(IED SUBDIVIS)O IS. 444 OF THE A80YE BSIMO MORE PART/CUL.4,QL y QESCR!BED AS FOL LO N/S :
CQ.N.NE.UCE ATMO,c/UM£.VTL/,VE /(/TERSECT/O.vOf SOUTyBQYSHOR�' DR/uEAUDS.£. IZ."/STREET, :4S Sf10lu,U
OII SHEET ,V' 37AE OF Tf/E MUu/C/PAL ATLAS OF T//E. C/TyOf M/AM/ (LAST REY/SED,JU�IE B, /°�7°J); T%/E UCES.7G "37 SO E;ALO,C/G 71/E A,041VNIEcfT L!//E OF
SA/D S.E.12T"/ STREET AOR Z.OI FEE7;T.lEC/CES./3'22=/O"IY.,A7R/6//TWAlaleS70NeL;4ST4.VD.31ODfE£T'�DT �'• .'
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A,VD 17S E4S7ERLyPR0L6WGA7/O,V, FOR Z8842.FEE7 TOA f}'I/(/TD.(/T,%EMET�OR9Li1A�/DAQE'L?2U(/7y,fLOR/L7q,B!/LKf164S:+�l4ReDR.
AS Sy0W410.4/771AT CERTA/UPLAT,AS RECDRDED1VPLATSOD,74,ATP4GF3.(S,yEEl31;.OFTf(6tY/BLIL'REL'ORDSOFDALLCL2'/c!Ty,FGOR/DA; .'
FOR.20322 FEET; Tf/EUC£ 502 °35 =13,5"W., FORGSG.S9'FEET. (L 4S7 MENT/O,IIEO TWO L2�1/$8ES:6E'/,vC.CO/uClDe UT I�/iTNTyE
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AFOREA4EL/T/O.VED LOT D,AOR 15C,4CfEET7DA 6101uTOVA CU+ZYE(SA/DP27iUT8F4RS US$,'29=09"E.;fRor�T,�1S e4D�iJSR�i 70,-71/�.ouo�yiv0
DESCR15EDCURYE); T.SiEUCE[IORTNWEST.ERLY,ACO(/GACiRCULARCURYEIUTIECEFT!1AY/,UG:4 RA /USOF74l,SOF6ETAt/DACf�/1 4L.4NliLE.
OF OI "O°J 53;' FOR 4 (/ARC DISTALICE OFY507fEMT; 711- t/CE,V ALOUG A _L/UE P4RALLEL W!7�S! 4VD 1,000 �`EET//O�?i11OF;:4S NEASUREO
AT R/QNTAuQLES T0, 711E SOUT/1 U.UE OF S,o/D L OT 9, FOR 208.2GFFET � T1/E/IC6 N l3 t20/55"C•', AT>¢iGH7:4NGLES 70 �1E �ASTL�SC.4iBED CDUQ�'E; FfJR
FFMT, TO .4 PD/4/7 OF CURVATURE ; 74 VCM ;u0RTIIEAS> RL Y, �/ORTl1EI2Ly 4 vO NORT�!�vE,ST RL Y Q LONE i! CiRCi/LfJR CL�R VS TO 7 S IEFr, .�qy/vG 4 RaD%uS.
pF 45843 FEET A uD A CEUTRAL A,l/GLE Ox ZI °34 OB"FOR 4 C/ ARC O%STA1/C OF 17' FF T TO ;r! Po/1/TDF REVM`k'S C!/RVgTU�E Ti!F//CE,UO Q71/H!E$TER4Y
9g43FEE74110-4e6Wi.4 ?UYE)Tf/CxiGEA
RLRCROT/£GARQD/US0 3AND c/ORTNERtYALOVGAETf/TCS7FC/R,4U'.I[OF 33.27fLET TCA PO/VTO</SA/D CURYE `
V OG =02 =04'� .,FOR /008 FEET; Th'E1/CE V.OG'QB 30. :,FOR 45.3G FEET; TN/1EL� ,tI /3 =20.. '$.ram "E' ,FOR 220/D•FET TO A �'O%iITOFGY/RYATURM ILASr�F!/T/DNED
S/X COURSES BE/l/Ci CO/I/C/DENTW/Ty TI/E E4STERL y R/l3/,!T OF Gtigy L/U: L?;t�Tr1E.4FORE.tiEc/TION�'D SOIIrlI64Y•s//DRE0�21�E ,4S SOWVl7c%SShclt
711SAS6RLy,.L-AS7S, VV,4cNYERMUVlC/PAL 4TLASS711E C/TyOf M/9•NljTf/ UCENOTOTNER/Gi11' _'
H,4 V/,<IG A Rs10I1-IS OF Z5.00 FEETA.vD A CEN7RA4 4,V0 4E OF 90'0I'15" FOR A&ARC DIS7A"le Of 39 28 FEE7; �oTs!E PDINTOf.BEG/vv!UG_.
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FLORIDA.
LESS AND EXC,6P7/1,10 AROM711S Q80YE D .SCRUB �t PQRCE� -fyF F0�10wiu :. .
B£G/,t/ AT THE /NrE.�SECr%OV dF Tf1E:4Fa4FnE.SllRiaEo A.6i /F-AD Lit/3 (U..S. <14,WOR LIVE� Wirt/ rl1E
PROLO,UG47/O,USOU7l1EAS7ERLy,Of TyS/E:UORTL/L/c/E.OFT11E.4FORESA/DLOT$,�$CdCK1.'AM�f/DEO,PLATOFI//B/S,CuSPLACE`; r,�/El/cE,UDRTNGt/ESTERLY,
A44WO TNM PROLO,U04T/O,U SOUTyEAS7ERL y, 'OF 711E;vORTH Lf vE OF mt,4MRE5440L0>� 5, BLOCK J., fQR 2. 8. FF�7 .TN�'NCE SOUTNFRL Y 7?7 7sIE '
ivrMRSECTio u OF T11E .oFoeEDMscRiBED. 044KNE40 LIVE (US.11,QR8oR LJ11E1 W/.71{TlL P,ROL 044
4T�O u SOUT/,%E4S rERLy' OF THE SDUr,�1 L/OF OF T�1E
AFORESAID LOT 6, BLOCK 1, S4MEUD£D PL 4T L)F 11/BiSCUS PG4CE "� 71/£uCE,uORT11F�g1 yA�O.vG T1IE 4�OR£DESCRiBEO BL!LKNEAD L/LIE (U.S !gR80R {l/4.
TO T116 PO%V71IF 13E611-1AMA16.
,4NEXPRESS PURPOSE OF Ty/S PL47/S TO CLOSE, WeW,E,A8AUWV.4l1D D/SCD.4171 l� THATCERT4/V. /0 FOOT WIDE PR/VaTE G4VE,
AS SNOW,U 0// AMSM9,6D PLATOF 1//BISCUS PG4CG�; AS RECORDED /,VfY476GYJK3,ATP.4CE //O dA/V 7,VArCERTAI.0 d COOrWiDE WALKI•VAY, AS "OWIVO.a.
'AAlLcVDED PLAT OF MIRADO COUR7;'AS RMCQQDL'D /U OF DADS CDUAUTY, FLOR/OA.