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HomeMy WebLinkAboutR-95-0218J-95-219 3/2/95 RESOLUTION NO. 9 5 r 218 A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED ST. JAMES AT BRICKELL, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIORS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIREC`.I.'I.NG 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 plat; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section I. The plat entitled St. James At Brickell, is a resubdivision of the West 10 feet of Lot 11, all of Lots 12 and 13, Lots 26 through 30 inclusive, less the Southeasterly 5 feet of Lot 30, Block 2, Ammended Plat of Point View, Plat Book 2, Page 93, and the 10 foot wide alley lying between said Lots 12, 13, 26, 27 and between the West 10 feet of said Lot 11 and the West 10 feet of said Lot 28, all lying in the Polly Lewis Donation, Section 39, Township 54 South, Range 41 East, City of 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 hereb. =Y Cow=ov NEETMG OF, A i 3 A C JT�S) MAR 2 7 1995 t oNr A o solutia�I s The dedications shown on the plat together with the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, are also hereby accepted and confirmed by the City of Miami, Florida. Section 2. The 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 27th DAY OF March 1995. STEPH N P. CLAR , MAYOR ATTEST: CITY CLERK PREPARED AND APPROVED BY: G. MIRI M M ER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. U N J S, III CITY ATTO rY -z- 95- 218 W., �;t#g of �iami ti OF M WALDEMAR E. LEE F�4V �'3 CESAR H. ODIO Director • .6 two Still, • City Manager August 5, 1994 o�F�oJ1, %°c Q - _Tnmoc nn%rol nrwmcnt Tnt- Z"—Z—zz-/ Yx Lam. / / 3540 Royal Palm Avenue Miami, Florida 33133 Dear Ladies and Gentlemen: ST. JAMES SUBDIVISION - TENTATIVE PLAT #1464-A The City of Miami Plat and Street Committee, at its meeting of July 7, 1994, 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. - On main sketch move solid line in alley to the dashed line 5 feet to the south. - Approval is granted contingent upon rezoning of lot 30 of underlying plat. - Any arrangements made for separate instruments for easements with utility companies must be by recorded document. - Add the following language to zoning designation. .."in accordance with Miami Zoning Ordinance 11000, as amended." - For water and sewer requirements see memorandum from MDWASAD dated May 4, 1994. - Correct location sketch which states that the private alley is 15' in width. - Make reference to State plane coordinates on final plat. - Final plat must be drawn on 30" x 36" tracing. - If property to north of this plat is served by utilities in the alley, then the applicant will be responsible for the providing of these utility services from S.E. 14 Street or other means. - Observe all side yard, front yard and year yard set 8 backs. DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6856 0 St. James Devel `'nent, Inc. August 5, 1994 St. James Subdi,..sion 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. 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 and Inspection Services 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, James Ka P.E. Chairman, Plat & Street Committee JJK:mw Enclosure: Contact Sheet cc: E. R. Brownell Plat and Stre0t,'t Qmnmittee Members 9 s 218 File , _ 2 _ bc: Civil Eng. Surveys Central 4- C�ii#g zrf �i�cmt WALDEMAR E. LEE Director November 1, 1994 Adrianne Pardo, Esquire Greenberg, Traurig, et al 1221 Brickell Avenue Miami, FL 33131 Dear Ms. Pardo: ST. JAMES SUBDIVISION. TENTATIVE PLAT NO. 1464-A CESAR H. ODIC) City Manager The subject tentative plat was approved by the plat and street committee at its meeting of July 7, 1994, subject to the satisfaction of certain conditions. One of these requirements (conditions) is the abandonment, vacation and closure of the 10 foot wide east -west alley that is contiguous with lots 12, 13, 26 and 27 of block 2 of the underlying plat, AMENDED PLAT OF POINT VIEW (2-93). Please be advised that the plat and street committee and the Department of Public Works have reviewed the public interest requirements of Sec. 54.5-16 of the Miami City Code for abandonment, vacation and closure of rights of way and determined that these requirements have been met with regard to the alley closure and further recommend the vacation and closure of the alley. Please provide a legal opinion regarding the present status of reversionary rights associated with the segment of alley that is to be vacated and closed. This opinion should accompany your application to the Hearing Boards officer. Sincerely, ;James J. y, P Deputy Director JJK:ms Copy: Frank McMahon, Surveyor_'�_"-nl�i� Teresita Fernandez, Hearing Boards 95— 218 co DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128/(305) 579-6856 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS February 3, 1995 REPORT OF PROPOSED RECORD PLAT OF ST. JAMES AT BRICKELL .LOCATED ON SOUTHEAST 14 STREET AND SOUTHEAST 14 TERRACE EAST OF BRICKELL AVENUE A SUBDIVISION IN CITY OF MIAMI, FLORIDA The accompanying Plat entitled St. James At Brickell 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 the West 10 feet of Lot 11, all of Lots 12 and 13, Lots 26 through 30 inclusive, less the Southeasterly 5 feet of Lot 30, Block 2, Ammended Plat of Point View, Plat Book 2, Page 93, and the 10 foot wide alley lying between said Lots 12, 13, 26, 27 and between the West 10 feet-, of said Lot 11 and the West 10 feet of said Lot 28, all lying in the Polly Lewis Donation, Section 39, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of one (1) tract containing 1.26 + acres. It is zoned SD-5 Brickell Avenue Residential -Office District. 2. The location of the streets and the widths conform with the standards of the Department of Public Works of the City of Miami, Florida. 95- 218 6 0 i's-V 3. As certified to by Thomas Brownell, Registered Land Surveyor, 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 that portion of the 10 foot wide alley lying between Lots 12, 13, 26, 27 and between the West 10 feet of Lot 11 and the West 10 feet of Lot 28, of Block 2, Ammended Plat of Point View, Plat Book 2, Page 93. This action was confirmed by City Commission Resolution No. 95-133. 5. The Certificate of title Examination dated February 3, 1995, signed by Joel K. Goldman, Attorney, indicates that the fee simple title to the property platted is correctly vested in Terremark Brickell, Ltd., a Florida Limited Partnership, 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 dedications. 7. In accordance with the requirements of Chapter 54, of The Code of The City of Miami, Florida, a Letter of Credit, No. 233, in the amount of $45,000.00 has been executed by Transatlantic Bank. This Letter of Credit will accompany the Agreement between the City of Miami, Florida, and Terremark Brickpll, Ltd., Principal, to guarantee the construction of new asphaltic concrete pavement, new concrete sidewalk, new curb and gutter, new storm sewer 95- 218 7 structures, landscape design and the removal of concrete sidewalk. 8. The attached Resolution has been prepared for the acceptance of. the Plat by the City Commission of Miami, Florida. Frank R. Mc ahon, Jr. City Surveyor FM:aa IN 95- 218 Opinion of Title To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, FLORIDA in compliance with Section 54.5-8 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 following: (i) Lawyers Title Insurance Corporation Owner's Title Policy No. 136-00-307352 completely covering the period from the beginning to November 17, 1994 at 12:00 p.m., inclusive, together with a computer update provided by Attorneys' Title Services, Inc., covering the period from November 17, 1994 at 12:00 p.m. through February 3, 1995 at 11:00 p.m., inclusive, of the real property described in Exhibit "A" attached hereto and by this reference made a part hereof; and (ii) Lawyers Title Insurance Corporation Owner's Title Policy No. 136-00-164912 completely covering the period from the beginning to November 17, 1994 at 12:00 p.m., inclusive, together with a computer update provided by Attorney's Title Services, Inc., covering the period from November 17, 1994 at 12:00 p.m. through February 3, 1995 at 11:00 p.m, inclusive, of the real property described in Exhibit "B" attached hereto and by this reference made a part hereof. Basing our opinion solely on said examination, 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, Ltd., a Florida limited partnership 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, which are not yet due and payable. 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 materialmens' liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 6. Mortgage and Security Agreement in favor of Transatlantic Bank, a Florida banking corporation, dated November 14, 1994, 95-- 2:18 �1 fft:, recorded November 17, 1994, in Official Records Book 16582, Page 3055, of the Public Records of Dade County, Florida. 7. Collateral Assignment of Leases, Rents and Profits in favor of Transatlantic Bank, a Florida banking corporation, dated Nobember 14, 1994, recorded November 17, 1994, in Official Records Book 16582, Page 3091, of the Public Records of Dade County, Florida. 8. UCC-1 Financing Statement in favor of Transatlantic Bank, a Florida banking corporation, recorded November 17, 1994, in Official Records Book 16582, Page 3097, of the Public Records of Dade County, Florida. 9. Easement(s) granted to Florida Power and Light Company recorded in Official Records Book 10671, Page 757, of the Public Records of Dade County, Florida. 10. Resolutions of Metro Dade Commissioners regarding Preliminary Assessments Roll for Metromover as recorded September 19, 1989 under Official Records Book 14258, Page 2399; resolution as recorded August 1, 1990 under Official Records Book 14646, Page 2513; resolution as recorded August 28, 1991 under Official Records Book 15168, Page 2413; resolutions recorded August 7, 1992 under Official Records Book 15615, Page 1652, as recorded August 27, 1993 under Official Records Book 16035, Page 3996; resolutions recorded August 16, 1994 under Official Records Book 16478, Page 1048, all of the Public Records of Dade County, Florida. 11. Application and Acceptance of Conditional Building Permit and Estoppel Notice, dated and recorded on January 18, 1995 in Official Records Book 16649, Page 2024, 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 the 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 St. James at Brickell: Name Interest Terremark Brickell, Ltd. Fee Simple Owner Transatlantic Bank Mortgagee Special Exception No. Not Applicable 95- 218 I, the undersigned, further certify that I am an attorney at law duly admitted to practice in the State of Florida, and a member in good standing of the Florida Bar. Respectfully submitted this loth day of February, 1995. GREENBERG, TRAURIG, HOFFMAN, LIPOFF, ROSEN & QUENTEL, P.A. By: L� W, 1J 1 K. Goldman 1 21 Brickell Avenue Miami, Florida 33131 95- 218 EXHIBIT A The West 10' of Lot 11, all Lots 12 and 13, Lots 27 thru 30 inc., less the Southeasterly 5' of Lot 30, Block 2, 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, together with that certain 10' private alley between Lots 12, 13, 26, 27 and between the West 10t of Lot 11 and the West 10' of Lot 28, all in Block 2. 95- 218 Ix EXHIBIT B Lot 26, in Block 2, of POINT VIEW, according to the Plat thereof, as recorded in Plat Book 2, Page 25, of the Public Records of Dade County, Florida; Also known as Lot 26, Block 2, of AMENDED PLAT OF POINT VIEW, according to the Plat thereof as recorded in Plat Book 2, Page 93, of the Public Records of Dade County, Florida. 95- 21.8 13 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVSHE M ' PURSUANT TO PROVISIONS Off'- , CHAPTER 54,:SECTION 54-30 AND CHAPTER 54.5 •- THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, Terremark Brickell, LTD. (hereinafter referred to as .the "Owner"), concurrently with the delivery of this Agreement, has applied to THE CITY OF MIMI, FLORIDA, (hereinafter referred to as the "City"), for the acceptance and confirmation by the Commission of avid City, of a certain proposed plat of a subdivision to be known as st. James at Brickell a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54-30 and Chapter 54.5, 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 anuearated, the performance of which Agreement shall be secured by a goad and sufficient Performance Bond, Letter'of Credit or Cashier's Check; NOW, THEREFORE, the*Owner hereby covenants and agrees with said City as follows: 95- ;218 1. Within one (1) year from the effective date of the *cceptance and confirmation of•said plat by the Commission of said City, or prior to the issuance by the City of -Miami of a Certificate of Occupancy for the premises, the Owner will construct, or cause to have constructed, at his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon.the estimate of cost of said improvements,. a copy whereof is attached hereto as Exhibit "B" and made a part hereof. Although one yjar is allowed for'the completion of the aforementioned improvements, it is not in the public intere'b t 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 reason- able length of time as determined by the Department of Public Works. 2. In accordance with the provisions of said Chapter 54, Section 54-30 and Chapter 54.5 THE CODE OF THE CSTt OF MIAMI, FLORIDA, the Owner herewith tenders to the City a Letter of Credit duly executed by the (Bank) Transatlantic Bank , in the amount of $__ 45_000_ which amount is not less than one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus twenty -,fix 07%) 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 :Forks 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. 95- 21.8 NO. 3. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement, the conditions of said Letter of Credit shall rre such that the (Bank) Transatlantic Bank 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 $ 45,000 4. The City shall have the right to_collect the sum estimated to construct or complete the improvements set forth in Exhibit "B", said sum to be estimated by the Department of Public Works,of the City, which shall include engineering and -contingent costa and any dimages direct or indirect, not to exceed twenty-:rk f'(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 o-.;blic advertisement and receipt..of bids, the ImProvewent4 as -r0vided for in said Agreement, and in the event that the City C.,) ,ission of Miami, Florida exercises such right, it shall have the :.ght to collect the final total, costs of said improvements. together ch any engineering and contingent costs, and any damages direct nr indirect, not to exceed twenty ,4WkJ(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 this Agreement. Said Letter of Credit is attached hereto as ixhibit "C" and made a part hereof by reference, 95- 218 �'Jr, IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in triplicate this � ` day of A. D. r 19 95 i Signed, Sealed and Delivered Terremark Brickell, LTD. in the Presence of: Owner: A Florida Limited Partnershij() Edward acobsen by: Terremark Brickell, Inc. as General Partner errai..r.�.��(.iard:..o•rw�r.+�.��..r....ar�' . Teresa P-erez-Cisneros Manuel D. Medina. ti ' TTEST: �.11- t7QN a t CQCR-4-'ZJ-A ecretary (Corporate Seal) FATTEST: ecretaryw- j (CorporaxE Seal) President Approved and accepted on behalf of the City of Itiani, r1orida, this /9�,- day of A.D., 199se ., ' ays Dizrc =, D of 'Milc WM*s WITNESSES: 1 9 5 — 218 17 p STATE OF FLORIDA ) ) SS COUNTY OF DADE ) I Hereby Certify: That on this day. personally appeared before me, an officer duly authorised to administer oaths and take acknowledgements. J&, 'ct��--&'-�t-'�.flk �- � 1�..��'L.� L'T0. , A ��nR�bs �.� wti «� t`�s.R`�w�Z.Sht►P . who Personilly KNUF U U or US WAS 111livil PRO respectively AS ROKtITIM1011'4N41 instrument freely and voluntarily, for the purposes thereon expressed and who-d�44 (did not) take an oath. Witness., My hand and ^off vial seal this day of A.D. Signature of Person Taking Acknowledgement: Printed Nameof Acknowledger F of s1;1'.1! "o ::!<'�<<;�:�,i Notary Public, State of ri.;�:r►_c�tr►�A Serial Number: (if any) tv,_.s'„R: ;;=.:���►,,o My Commission Expires r�1���• „��.�;s;tc� ; t�,r.;.Tcw.,4a �; APPROVED: f This Instrument Prepared by Department of Law City of Miami, Florida 0s 95- 218 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and TERREMARK BRICKELL, LTD. FOR IMPROVEMENTS AT ST. JAMES AT BRICKELL LOCATED ON SOUTHEAST 14 STREET AND SOUTHEAST 14 TERRACE EAST OF BRICKELL AVENUE LANDSCAPING $ 2,000.00 2000 Square Feet of Solid Sod CONSTRUCT NEW ASPHALTIC CONCRETE PAVEMENT $ 8,250.00 Approximately 550 Square Yards REMOVE EXISTING SIDEWALK $ 2,500.00 Approximately 1,250 Square Feet CONSTRUCT NEW CONCRETE SIDEWALK $ 5,400.00 Approximately 1,800 Square Feet CONSTRUCT NEW CURB AND GUTTER $ 2,500.00 Approximately 250 Lineal Feet STORM SEWER STRUCTURES $14,000.00 Construct 100 Lineal Feet of 24" French Drain, 20 feet, of 15" Reinforced Concrete Pipe (R.C.P. ), two (2) Type D-4 manholes and two (2) Type F-3 Catch Basins ESTIMATED COST OF IMPROVEMENTS $34,650.00 (10%) CONTINGENT $ 3,465.00 (17%) ENGINEERING AND INDIRECT COSTS $ 6,479.55 TOTAL $4.4,594.55 AMOUNT OF LETTER OF CREDIT $45,000.00 *Information concerning the landscaping requirement shall be obtained from the City of Miami Planning Department. I C� 95- 218 0 L&, Cable Address: Telephone No.: TRANSATBK (305) 377-0200 f�4NSATL�4NT1C BANK Telex No.: Fax: Place: International Division WU 514085 (305) 577-8238 Miami, FL 33131 U.S.A. Credit number of issuing bank Date of issue: Issuing Bank Applicant laary 15, 1995 advising number Trams tlmn is Bair, Terimark Brickell, Ltd. 0 2601 ;youth 13aydDrs Dr. PH-! B � o ! yt Fla . E. it' IML:rL, FL;orida 33133 '0 i Florida ro Beneficiary Amount a- "Die City of Hiami. C 35W Pan Arerican Drive USD°�45,000.00(Forty Fig Il�ousend and 00/103) E mo z Florida Hiara, 33133 c FEx ity a IvfirdZ 31, 1996 0.0 E -3 o a_ 'E v Attention City khriaQpr: d � 0 o 'b l-ereby epez a -id establish our IrrevDcable Latter of Credit Ib. 233 ui your favor as beneficiary for the U account of Terremark Bridgall, Ltd. for a su'a not to exca d forty fig c ousand dollars(%5,CO3.00). o Rpm s as .are ava:itable by drafts fran firm to tune at si&it on us by the bewficiary of this Letter of y . 'D Credit acompa-de3 by this original Letter of Credit and by draw certificate e-,cac:ibacl by the ba_-reficiary in •L1 E the form of W. bit " A' attaded hereto appropriately canpleted. Partial draws are permitted under this Letter of Credit. We hereby agime with tine b3f aficiary iL-:a�of that airy draft drawn in accordance frith the tens ,and oonditions o of this Letter of Credit will be harored before the close of the third badking day followi►g raceipt of o = this Letter of Credit and the aforesaid draft and draw certificate if presented to us on or before the IEi -a expiration date hereof in accordance with the applicable provi.sia-i:s of the Uaiforia 0-yamrcial Code than N -- in effect in the State of Florida. N .2 Drafts drawn under this Letter of Credit shall be nmrked dvxecn 'Drawn under Irrevocable Letter of Credit am 'Sid-233" and shall be presented to us at our office at 48 Fast "'lagler St. t'riaiii., Florida 33131. X °cwfts Letter of Credit shall be valid until ASarch 31, 1996 shall therefore be autaLatically re�x?z�d N for suoessive orra yaar period; qpm si h date u il,a-3s at least sbay (60) days prior to any annMrsaLy date 3 -- v;e notify you in writing to the City of tti.ad Public Works Deprrn-L-eit Director 275 N.W. 2 d St. Ilia a, s . Florida 33L'28 that 'waelect -m to so raw this Letter of Credit. y 2 This Letter of Credit (including its attachei adiibit "A") sets forth in full the ten'as of our mda-taking, o, OLO such urrlerif dbig ;sell nit- :n a-ry vray be fm i.iied, a.e-rded or aTpli.fied by refereire to atry ordinance, o � doauetit, irrstru:ia -ier t or awxnt referred to herein or in the draw certificate, or in w&ch this Letter In cD of Credit L,- referred to, or to �rtirirli this Letter of Credit relates, and no such reference shall be dee and n E a) = to incorporate herein by reference any such ordina - ce, docum-it, instrumat or ECreamnt. W Q Very Truly Yours, Transklantic Bank / I Original � REV./INTU9-88 95- 218 EXHIBIT "A" TO LETTER OF CREDIT DRAW CERTIFICATE TO: TransAtlantic Bank 48 East Flagler Street Miami, Florida 33130 Ladies and Gentlemen: The City of Miami, Florida (the "City") is the beneficiary of your irrevocable letter of credit no. (the "Letter of Credit") issued by you for the account of Terremark Brickell, Ltd. This draw certificate is executed on behalf of the City by its duly authorized Public Works Director, and this draw certificate is presented together with a sight draft in the amount of $ under the Letter of Credit. The City certifies that Terremark Brickell, Ltd. has failed in its performance of constructing the "certain improvements" specified in Exhibit "B" of our "Agreement for Construction of Certain Improvements" pursuant to provisions of Chapter 54, Section 54-30 and Chapter 54.5, Code of the City of Miami Dated: THE CITY OF MIAMI By: Public Works Director Al 95- 218 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 7 To: Honorable Mayor and Members of the City Commission FROM Cesa�Odio City ger RECOMMENDATION: DATE : PM 14 1995 FILE : SUBJECT: St. James At Brickell Resolution Accepting Proposed Record Plat REFERENCES Located on S.E. 14 Street and S.E. 14 Terrace East ENCLOSURES9f Brickell Avenue It is respectfully recommended that the City Commission adopt a resolution accepting the plat St. James At Brickell and approving recording the same in the Public Records of Dade County, Florida. BACKGROUND: The Department of Public Works has reviewed this plat, and has determine that it is now in order for acceptance by the City Commission. The proposed record plat entitled St. James At Brickell is a resubdivision of the West 10 feet of Lot 1 1 , all of Lots 12 and 13, Lots 26 through 30 inclusive, less the Southeasterly 5 feet of Lo+ 30, Block 2, Ammended Plat of Point View, Plat Book 2, Page 9j, and the 10 foot wide alley lying between said Lots 12, 13, 26, 27 and between the West 10 feet of said Lot 11 and the West 10 feet of said Lot 28, all lying in the Polly Lewis Donation, Section 39, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of one (1) tract containing 1.26+ acres. It is zoned SD-5 Brickell Avenue Residential -Office District. 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 95- 218 7-1