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HomeMy WebLinkAboutR-93-0059u J-93-73 1/SO/93 RESOLUTION NO. 9 3 - 59 A RESOLUTION, WITH ATTACHMENT($), ACCEPTING THE PLAT ENTITLED "VILLAS DE VIZCAYA", A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE AS SET FORTH IN EXHIBIT 'A' ATTACHED HERETO, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE 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 1. The plat entitled "Villas de Vizcaya", is a resubdivision of Lots 8 through 13, and Lots 68 through +69, Block 57, Flagler, Plat Book 6 at Page 44, lying Southerly of Federal Highway in the Jonathan Lewis Donation, Section 40, Township 64 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 in Exhibit 'A' attached hereto is hereby accepted. The dedications shown on the plat together with the dedications to the perpetual use of ATTACHMENT CON YAWED CITY COMMISSION MEETING OF JAB! 2 s 1993 Resolution No. 93- 59 4 e 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 Covenant to Run with the Land executed by Viz oaya holdings, Corp., a Florida Corporation, postponing the immediate construction of full -width street improvements (sidewalk, curb and gutter, pavement and drainage) on Briokell Avenue, until suoh time as required by the Department of Public Works of the City of Miami is hereby accepted and the proper officials are direoted to record said oovenant after the plat has been recorded in the Public Records of Dade County, Florida. Se©tion 3. 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 4. This Resolution shall become effeotive immediately upon its adoption. PASSED AND ADOPTED this lath day of J 'teary , 1993. XAVIER , SUAREZ, MAYOR rs` ATTEST: sF MATTr#IRAI CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY BSS:M3393 -2- APPROVED AS TO FORM AND CORRECTNESS: QftNN• c. i' CITY AT r• 93— 59 Q�ttjg WIS A. PRIETO-PORTAR, PH.D., P.E. Director January 6, 1992 Vlscaya Holding, Corp. 10250 Miller Drive, *A-203 Miami, Florida 33185 Gentlemen: VILLAS DE VIZCAYA - TENTATIVE PLAT *1416-8 CESAR H. ODIO City Manager The City of Miami Plat and Street Committee, at Its meeting of January 3, 1992, approved the above tentative plat subject to the following revision* 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. - The surveyed area must be reviewed by the Heritage and Environmental Preservation (HEP) Board One of the conditions of approval of the plat Is that you must meet the requirements of the HEP Board. - Show all easements on final plat. Please note that the "Red Stopper" has been declared an endangered tree by the State of Florida. A statement must be provided on the tentative and final plat* that the private road shall serve as a "public utility easement." Revise the date on the plat. A new 8-Inch water main extension will be required from the existing 24" watermaln In Brickell Avenue in order to serve the site. An 8-Inch sanitary sewer extension from the 10-Inch sewer In Brickell Avenue will be required to serve the site. Contact Rick Herrera of MDWASAD at 685-7471. - Two new fire hydrants will be required at the site. Contact Lt. George Scott of the Miami Fire Dept. at 350-7838. 3 93- 59 DEPARTMENT OF PUBLIC WORKS/27S N.W. 2nd Street/Miami, Florida 33128/(30S) 579-68S6 N ' a- Vlscaya Holding Corp. January 8, 1992 villas de Viscaya -- Easements will be required from Florida Power & Light Co. Contact Jorge Ensenat of FPL at 874-4326. - Ensure that private road Is designed and constructed to withstand an H-20 wheel loading. 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 Issuead 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 Miiaml 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. C. 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. L+ 99- 59 LA V i soaya Holding Corp. Villas de V i scoya January e. 1992 I f you have any quest l ons concerning these requirements, please refer to the attached shoot for the appropriate person to contact. Sincerely James J . Kay, E. Chairman, Plat & Street Committee JJK:mw Enclosure: Contact Sheet CC: E. R. 6ownell & Associates, Inc. Plat and Street Committee Members File ON 93- 59 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS December 15, 1992 REPORT OF PROPOSED RECORD PLAT OF VILLAS DE VISCAYA LOCATED AT THE WESTERLY CORNER OF BRICKELL AVENUE AND FEDERAL HIGHWAY A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA m The accompanying Plat entitled VILLAS DE VISCAYA 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 1. The property platted is a resubdivision of Lots 8 through 13, and Lots 58 through 69, Block 57, Flagler, Plat Book 5, Page 44, lying Southerly of Federal Highway in the Jonathan Lewis Donation, Section 40, Township 54 South, Range 41 `? East, City of Miami, Dade County, Florida. The area platted consists of twelve (12) lots containing 2.20+ acres. It is zoned R•-1 . 2. The location of the streets and the widths conform with the standards of the Department of Public Works of the City of M Miami, Florida. 3. As certified to by Thomas Brownell, Registered Land 12 Surveyor, this Plat complies with the plat filing Laws of the State of Florida. -_ 93- 4. The Certificate of Title Examination datea December 1, 1992, signed by Deborah D. Consuegra, Attorney, indicates that the fee simple title to the property platted is correctly vested in Vizcaya Holdings, Corp., a Florida Corporation, and the Plat has been correctly executed. 5. The area platted is encumbered by a mortgage and the mortgage holder has executed the Plat and joined in its dedications. 6. In accordance with the requirements of Chapter 54, of The Code of the City of Miami, Florida, a Letter of Credit, #SB-- 92-2031, in the amount of $83,000.00 has been executed by Vizcaya Holdings, Corp., a Florida Corporation, Principal, and Ocean Bank. This Letter of Credit will accompany the Agreement between the City of Miami, Florida, and the Principal to guarantee the construction of new concrete sidewalk, new asphaltic concrete pavement and new sanitary sewer structures. 7. Since there are no full width street improvements (sidewalk, curb & gutter, pavement and drainage) on Brickell Avenue in the vicinity of the property platted, it is recommended that a covenant be accepted postponing the immediate construction of these improvements until the area is more fully developed. 8. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. /l �a.- Frank c a on, r. City Surveyor FM:au 93- 59 Opinion of TitleAft To: CITY OF MIAMI, a municipal corporation 611th the understanding that tnis Opinion of Title is furnished to CITY OF MIAMI, FLORIDA in compliance witn Section 54.5-5 of the Miasmi 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 Abstract of Title? completely covering the period from the beginning to December 1, 1992 inclusive, of the following described real property: i —AND— *(!1'hlch term for tht purpose thereof means and refers to Owner's TWe Insurance i'olley Mut"ber„MP 116 4 6 67 4 &red June 10,1992 Lyrnedbyy ATTORNEY'S TITLE INSURANCE F)IND,INC. , as to Lot - rough , 58 t5ro`lugh 67,- anil 69, n B oc , . -AND- Star Report issued by ATTORNEY'S TITLE INSURANCE FUND, under Fund File No. 01-92-40484, dated November 13, 1992,•as to Lot 68, Block 57) -AND- Certified Title Print -Outs from ATTORNEY'S TITLE INSURANCE FUND'S Title Computer, certified through December 11 1992, as.to ALL lots. 1. (Describe only realty to be subdivided) All of Lots 8, 9, 10, 11, 12, 13, inclusive, and Lots 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, and 69, inclusive, lying Southeasterly of Federal Highway, in Block 57, of FLAGLER, according to the plat thereof, as recorded in Plat Book 5, at Page 44, of the Public Records of Dade County, Florida. Basing our opinion on said complete abstract covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: ----VIZCAYA HOLDINGS, CORP., a Florida corporation --- Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. Al taxes for the year in wnich 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 macerialmen's liens. 5: Zoning and other restrictions imposed by governmental authority. 93- 59 6. Any lien provided by County Ordinance or by Ch.159, Fla. Statutes, in favor of any city, town, village, or Fort for services by any water systems; or gas systems serving the land described herein, and any lien for waste fees in favor of any county or municipality. 9 SPECIAL EXCEPTIONS: (SEE ATTACHED PAGE FOP, DETAILED LISTING OF SPECIAL EXCEPTIONS) Listing should include, but not be limited to such exceptions as: 6. Holder of Mortgage 7. Restrictions 8. Notice of Lis Pendens with explanation 9. Life Estate 10. Other Therefore, it is our opinion that the followinq parties must join in the platting of the above described reaj property in order to grant CITY OF MIAN19 FLORIDA and the public, a good and proper title to the dedicated areas 'shown on the final plat of tn.k aforedescribed property, the subdivision thereof to be Known a s \ 1 il7.l-Qy'06 11 Special Exception Name Interest Number OCEAN BANK 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. -14 Respectfully submitted This� day of December 1992. ID j� NAME Odi, FIRM DEBORAH D. CONSUEGRA, ESQ. By. �— aate DEBORAH D. CONSUEGRA 780 N.W. 42nd Avenue, Suite 300 AddreSS Miami, Florida 33126 93- 59 U SPECIAL EXCEPTIONS: Ea AS TO LOTS 8 THROUGH 13, 58 THROUGH 67, nod 69, IN BLOCK 57: 6. Mortgage in the amount of $683,000.00 in favor of OCEAN BANK, dated September 22, 1992, filed for record October 6, 1992, in Official Records Book 15671, at Page 3670, under Clerk's File No. 92R-370972; Assignment of Leases & Rents, and UCC-1 in favor of OCEAN BANK, filed October 6, 1992, and September 29, 1992, respectively; in O.R. Book 15671, at Page 3687 and 0. R. Book 15663, at Page 2866. respectively, under Clerk's File Nos. 92R-370973 and 92R-361897, respec- tively, Public Records of Dade County, Florida. 7. Notice of Commencement filed October 15, 1992,"in O.R. Boob 15681, at Page 675, under Cleric's File No. 92R-383499, of the Public Records of Dade County, Florida. AS TO ALL OF ABOVE LOTS, PLUS LOT 68, BLOCK 57: 8. Restrictions, conditions, reservations, easements, and other matters contained on the plat of FLAGLER, as recorded in Plat Book 5, at Page 44, of the Public Records of Dade County, Florida. 9. Agreement for Water and Sanitary Sewer facilities between Metropolitan Dade County and Vizcaya Holdings, Corp., filed 11-13-92, in Official Records Book 15711, Page 4536, of the Public Records of Dade County, Florida. 93- 59 10 ra RESOLUTION NEPB-92-1 Ed A RESOLUTION APPROVING THE PROPOSED VILLAS DE VISCAYA TENTATIVE PLAT AND TREE PRESERVATION PLAN, PER THE APPLICATION AND PLANS ON FILE,, BASED UPON THE PROPOSED COVENANT FOR TREE PRESERVATION PROFFERED BY THE APPLICANT, SUBJECT TO THE FOLLOWING CONDITIONS: I. COVENANT SHALL SET FORTH THOSE TREES WHICH MUST BE PRESERVED, AS WELL AS THOSE SPECIMEN AND/OR REDBERRY STOPPER TREES WHICH MAY EITHER BE RELOCATED OR MITIGATED, PER PLANS ON FILE, WITH THE FOLLOWING MODIFICATIONS: A. TREE #19 SHALL BE PRESERVED BY THE COVENANT, WITH RECOGNITION FROM THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD THAT A ZONING VARIANCE FOR HEIGHT OR FRONT YARD SETBACK MAY BE NECESSARY; B. TREE #61 SHALL BE PRESERVED BY THE COVENANT; C. TREES #148, 165 AND 209 SHALL BE PRESERVED, IF POSSIBLE, ALTHOUGH NO COVENANT SHALL BE REQUIRED, WITH A RECOGNITION BY THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD THAT A VARIANCE MAY BE NECESSARY; D. TREE #218 SHALL BE SEPARATELY ADDRESSED IN THE COVENANT WITH A RECOGNITION THAT THE FIRE DEPARTMENT MAY REQUIRE REMOVAL BECAUSE THE TREE LIMBS LIMIT VERTICAL CLEARANCE AND MAY NOT MEET FIRE DEPARTMENT STANDARDS; 2. COVENANT SHALL INCLUDE A PLAN FOR LIMB AND ROOT PRUNING, TRANSPLANTING REQUIREMENTS, TREE RELOCATION PLAN, MITIGATION REQUIREMENTS PROTECTION OF TREES DUPING CONSTRUCTION_. AND REQUIREMENTS FOR NEW LANDSCAPING; 93- 59 3. ALL TREES ON THE SITE THAT MAY BE REMOVED IN THE FUTURE SHALL BE COVERED UNDER THE MITIGATION PLAN; 4. COVENANT SHALL INCLUDE A STATEMENT OF INTENT RECOGNIZING THE IMPORTANCE OF ALL TREES ON THE SITE AND PROMISING GENERAL SENSITIVITY DURING DESIGN AND CONSTRUCTION AND AN INTENT TO PRESERVE AS MANY TREES AS POSSIBLE; 5. COVENANT SHALL INCLUDE MITIGATION STANDARDS AND REQUIREMENTS ON A SLIDING SCALE IN THE EVENT OF TREE REMOVAL, BASED ON A TREE'S IMPORTANCE TO THE SITE; 6. COVENANT SHALL INCLUDE A STRONG PENALTY TO DISCOURAGE THE REMOVAL OF PROTECTED TREES; AND 7. DETAILS OF THE COVENANT SHALL BE PREPARED BY STAFF WITH THE ASSISTANCE OF METRO DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM); PASSED AND ADOPTED THIS 21ST DAY OF JANUARY 1992. RESERVATI0--OFFICER CH AI AN 93- 59 t S 1 AGREMIENT FOR CONSTRUCTION OF CERTAIN IMPMEMENTS PURSUANT TO PROVISIONS OF. CHAPTER 54, SECTION 54-30 AND CHATTER 54.5 ' THE CODE OF THE CITY OF MIMI. FLAIDA WHEREAS, VIZCAYA HOLDINGS CORPORATION (hereinafter referred to as the "Owner"), concurrently with the - delivery of this Agreement. has applied to THE CITY Of KlM. FLORIDA, (hereinafter referred to as the °'City"%, for the acceptance and confirmation by the Commission of said City, of a certain VILLAS DE VPla , bt lqj a subdivision to be known as 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 const action of certain improvements therein enumerated. _- the performance of which Agreement shall be secured by a Hood and sufficient Performance Bond Letter of Credit or Cashier's Check; NOW. THEREFORE, the'Owner hereby covenants and agrais with - said City as follows: 93— 59 13 y 41. Within one (1) year from the effective date of the acceptance � and confirmation of said or plat by the Commission of said City, prior P to the issuance by the City of Miami of a Certificate of Occupancy for I the premises, the Owner will construct, or cause to bave constructed, � at his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon,the r— estimate of cost of said improvements,.& copy whereof is attached hereto as Exhibit "B" and miide a part hereof. AlthOUgh ore year is k= allowed for the co�pletion of the aforementioned Improvements, it is not in the public intere'bt that such construction work should be = prolonged to the extent that it would have a disorganising effect upon 7 the neighborhood. After the work id started, the Owner hereby agrees to prosecute said work progiessively 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 CITY' OF Mimi, FLORIDA, the Owner herewith tenders to the City a Letter of Credit duly executed_ OCEAN BANK OF MIAMI by the (Bank) in the amount #-= of $ 839000,00 , which amount is not leas than one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus*twenty-AW-tkG7$) = percent for engineering and contingent costs and damages, and upon_ fi 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 Letter of Credit shall be released. u 1� h .93' 59 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 be such that the (Bank) OCEAN BANK OF MIAMI 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 not forth in Exhibit "B" hereof, pay to !:'be City a sum up to the aggregate amount of 03,000.00 4. The City shall have the right to collect the sum estimated to ` construct or complete the improvements set forth in Exhibit "E', said El =Y` sum to be estimated by the Department of Public Forks of the City, which shall include engineering and contingent costs and any damages — ' direct or indirect, not to exceed twenty-se+bf (29%) thereof, plus j reasonable attorneys' fees which the City may sustain on account of � 4 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 causs'to be constructed, after p-.;blic advertisement and receipt. of bids, the improvements as -rovided for in said Agreement, and in the event that the City C.-)-nission of Miami, Florida exercises such right, it shall have the right to collect the final total coats of said improvements, together .ith any engineering and contingent costs, and any damages direct 7r indirect, not to exceed twenty fiV4r(27-%) percent thereof, plus reasonable attorneys' fees, which the City nay 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 >:hibit "C" and made a part hereon by reference. t S- 93- -59 z R =I - 1 IN WITi S MREAF, the Owner has L-axed this Agreement to be executed in triplica a this 00, j day of F2f-:Xr44-2„ A.D.. 1992, Sued, Sealed and Delivered in the Presence of: baser: 0 A7 E-ST Secretary - Jese R. Alonso (Corporate Seal) ATTEST • ----� - • Secretaryr rg -- ..�Jose R . Aloo A at .ORP . l,Co rporate Seal)i,�,,,c� va Beaumont 'Approved and accepted on behalf of the City of Miami, Florida, this day of .D., 19. WITNESSES: • BY• Ife"141�7 Dftector, Depar t of Public Works in 93- 59 S t CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be ` executed and signed in its namgg 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. Signed, Sealed and Delivered in the Presence of:Ar, _---- ----� Lon a Antonio Beaumont 9� otgafi Fi£TNT AUUKL'S-T" CITY, STATE AND ZIP CODE 4 0 q 7- NAME I PKINI CITY, STATE AND ZIP CODE STATE OF FLORIDA S.S. is COUNTY OF DADE ATTEST: SECRETARY Jose R. Alonso CORPORATE SEAL. I hereby certify: That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements and IOOS'd a n d o respectively of a Corporation, who are personal y known to me or who ban produced resp eecti ve y as' nden'" ca ion an who executed e T orego ng instrument and acknowledged the execution thereof to be their free act and deed as such officer(s) for the purposes,therein expressed and who did f;,%td-+1:T take an oath. Mi R 93- 59 A ' Witness: M hand and official seal this day of A. D 19. Signature of Person Taking Acknowledgement: -2 Printed Name of Acknowl edger �6p(j, &aCLIe tiotary Public State of FIQLi rl 06.� Serial Number: (if any)_ 0;�r .4ol 46A My Commission Expires: A MY COMMISSION EXPIRFS: Aug. 13,1994. APPROVED: BONDED THRV NOTARY PUBLIC UNDERWRITERS. Lt This Instrument Prepared by Department of Law City of Miami, Florida a 0 93- AO EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and VISCAYA HOLDINGS, CORPORATION FOR IMPROVEMENTS AT VILLAS DE VISCAYA LOCATED AT THE WESTERLY CORNER OF BRICKELL AVENUE AND FEDERAL HIGHWAY * * * * * * * * * * * * * * * * * * * * * CONSTRUCT NEW ASPHALTIC CONCRETE PAVEMENT Approximately 80 Square Yards CONSTRUCT NEW CONCRETE SIDEWALK Approximately 5,600 Square Feet SANITARY SEWER STRUCTURES Construct 385 lineal feet of 8f1 sanitary sewer pipe, construct 275 lineal feet of 6" sanitary sewer lateral pipe, construct four (4) Type "A" manholes ESTIMATED COST OF IMPROVEMENTS (10%) CONTINGENT (17%) ENGINEERING AND INDIRECT COSTS TOTAL AMOUNT OF LETTER OF CREDIT $ 1,200.00 $ 16,800.00 $ 46,000.00 $ 649000.00 $ 6,400.00 $ 11,968.00 $ 829368.00 $ 83,000.00 *Information concerning the landscaping requirement shall be obtained from the City of Miami Planning Department. 93- 59 k] COVENANT TO RUN WITH THE LAND WHEREAS, VIZCAYA HOLDINGS CORP. U (nereinafter referred to as "the Owner" or "he" irrespective of actual gender and number, and meaning either singular or plural and including heirs, assigns and successors in interest thereof, where the context to requires or admits) is the present fee simple owner of a subdivision entitled VILLAS DE VIZCAYA as recorded in Plat Nook at Page of -the Public Records of Dade County, Florida; and WHEREAS, The City ofMiami,, a municipal corporation in the State of Florida, 1n the County of Dade, (hereinafter referred to as the "CITY"), pursuant to Chapter 54, of THE CODE OF THE CITY OF MIAMI, FLORIDA, requires the OWNER to construct or cause to be constructed at no expense to the CITY, the following improvements within the area and/or on the streets abutting said subdivisions and WHEREAS, the OWNER asks to be relieved of his obligation to construct the aforementioned improvements at this time, and in consideration of the forbearance of the CITY he agrees with the CITY that he will at his own expense construct the aforementioned improvements at such time in the future as he is notified by the CITY that the aforementioned improvements are necessary or desirable; 93- 59 NOV, THEREFOR' in consideration of the pra es herein •set out, the OWNER. hereby covenants and agrees with the CITY to construct or cause to be constructed at the expense of the OWNER, and without cost to the CITY, the aforementioned improvements within the area and/or on the street right-of-wayabutting the aforesaid subdivision, upon thirty (30) days written notice from y` the Director of Public Works of the City of Miami, Florida, addressed to the'OWNER, at 10250 S W 56th Street ,qui t-P n ?ni , Mj ami Et ari da 33165 • It is expressly agreed that this obligation shall be binding upon the OWNER, his heirs, successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid subdivision or any portion thereof. ` In the event that the OWNER or any future fee simple owner of any lot in said subdivision shall fail to cause the aforementioned improvements to be constructed within the area, and/or in the street -{ right-of-way abutting the property platted as herein provided within thirty (30) days after the wailing of the written notice form the Director of the Department of Public Works of The City of Miami, Florida, then the City Manager of The City of Miami. Florida shall -y act as agent of the OWNER of any fee simple owner of any lot or parcel described in said written notice, which agency is hereby specifically created, and'said City Manager shall cause the aforementioned improvements to be constructed at the expense of the OWNER and/or said fee simple owner, and the amount of such cons- truction cost shall be declared and extablished as a lien on the property of such defaulting OWNER and enforced as any lien for =:x materials furnished and work and labor done, as provided under °�', the Statutes of Florida. 93 59 /Iqk� IN WITNESS WHEREOF the OWNER has caused this agreement to be ex ecuted this day of 19 Signed, Sealed and Delivered OWNER in the Presence of: CODE CODE As Secretary Jose R. Alonso (Corporate Seal) AT T.EST;---_.— As Secretary Jose R. Alonso (Corporate Seal) (SEAS.) (SEAL) V.IZCAYA TrTH-cipal tuorporationj Ant gnio Beaumont bo APPROVED,. spar men o u c or s THIS IMsTRUMENT WAS PREPARED 0Y: APPROVED AS TO FORM AND LEGALITY: 0 10 CORPORATION FORM FV IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its proper officers, and its corporate seat to be affixed hereto and attested to by its Secretary the day and year first above set forth. Signed, Sealed and Delivered in th resent f: .50 �iTNI AUUR'E53'"—"' CITY, TATE AND ZIP CODE K-(4 1(0 WITNESS C.l +-z PRIM NXML Io2Z Scd i 4 - 12o-3 PRINT CITY, STATE-ANDCDE t'R1615- STATE OF FLORIDA S.S. COUNTY OF DADE ATTEST: SELRETARY Jose R . Aloriso CORPORATE SEAL nt I hereby certify: That on this day personalty appeared before sev an officer duty authorized to administer oaths and take acknowledgements Antonio Beaumont and Jose R. Alonso , President and Secretary respectively of Vizcaya 11oldinag CQrn. a Florida Corporation Corporation, who are personally Known to sae or who have JbW pro aced 'v rs Li ense and Ftorida DriVeis_License respectively as Indentification and who executed e foregoing instrument and acknowled ed the execution thereof to be their free act and deed as such officer(s) for tho purposes therein expressed and who did take an oath. 93- 59 I L, . ` uitnes a My bond and official s®al this �day of A.D., 19 �2 0 Signature of Person Taking Acknowledgement: Printed Name of Acknowledger - - Notary Publ it State of 0CC23IM9 Serial Number! of any 11,1rX My Commission Expires: ° APPROVED: /02:f�01RECTOK- UF PUBLIC WORKS This Instrument Prepared by Department of Law City of Miami, Florida 93- 59 ?80 N.W- 4 2nd AVENI1F, MIAMI, I. LORIDA 33126 FAX P.O. BOX 441140 TEITX NO, AMI. FLORIDA 33144-1140 OCEAN BANK IRREVOCABLE STAND-BY LETTER OF CREDIT SB-92-2031 May 28, 1992 City of Miami Public Works Department 275 N.W. 2nd. Street Miami, Florida 33233 (705)441-."3215a33 I30St 443.3260 441.202 ITT 523900 W11 Gentlemen: K, -)P. We hereby authorize you to draw on us by and for the account of Vizcaya Holdings Corporation up to an aggregate amount of Eighty Three Thousand Dollars With 00/100 (USD03,000.00). Available by th+ your drafte at sight accompanied by a Certificate of City of Miami Public Works Director, that Vizcaya Holdings Corporation, has failed to complete the improvements as specified in Agreement, dated April 12, 1992, between City of Miami and Vizcaya Holdings Corporation for Villas de Vizcaya. �lThis Letter of Credit shall be valid until May 28, 1993 and shall thereafter be automatically renewed for successive one year periods upon the anniversary of its issue unless at least sixty (60) days r prior to any such anniversary date we notify you in writing tothe Chief Engineering Services Division, Suite 1420, Metro Dade Center, 4s 111 N.W. First Street Miami, Fl. , 33128--1970 that are elect not to -% so renew this Letter of Credit. Upon receipt by you of such notice, you may draw hereunder by your drafts drawn at eight on us and C-. accompanied by a certificate signed by the Director of Public Worke Department to the effect that the aforesaid bond is in full force and effect on that date. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit shall be duly honored upon presentation of the drawee. Drafts must be drawn and negotiated not later than May 28, 1993. or that last day of any renewal period. Each draft must state that it is "drawn under letter of credit of the Ocean Bank dated May 28, 1992 "; and the amount thereof endorsed on thin letter of credit and also on our correspondent's advise of this credit. We hereby agree with the drawers, endorsers, and bonafide holders of all drafts under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee. OCEAN 8 110RIZED GN UliE T01 � F;e,6.1tl9 93-� 9 0 'A0 NAV, 4'!nd AV NL'E so MIAMI, 1 ,6RIDA 33126 P t). PDX 441140 AMI.I.LORiDA 3.1144-1140 OCEAN BANK Irrevocable Stand -By Letter of Credit SB-92-2031 Page 2 of 2 ITUPHONI : (305) 441-5432(5433 FAX: (305) 443-3260 I LEX NO.: 441.202ITT 523800 WU Except so far as otherwise stated herein, this Letter of credit is subJect to the "Uniform Customs and Practice for, Documentary Credit (1983 Revision), International Chamber of Commerce Publication No. 400". F kQ 77'yi;•§� a 3 Al -Off"q°w. 42nd AVI✓N111 ate, ., �"""'T Letter of t;redit Unit � (A\11, F(.ORIDA 33126-5597 issuance (305) 441 5432 1' 0 BOX 441 140 Negotiation (305) 441-5449 N iA411, F 1.0RIDA 33144-1140 OCEAN BANK Collections Unit 305 445.4123 FAX- (305) 443-3260 TELEX NO. 1441124 1441202 159581 159582 TO: CITY OF MIAMI, PUBLIC WORKS DEPT. 275 N. W. 2ND STREET MIAMI, FLORIDA 33233 SB-922031 AMENDMENT NO: GENTLEMEN: IN ACCORDANCE WITH INSTRUCTIONS RECEIVED FROM VIZCAYA HOLDINGS CORPORATION, THIS LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS: SECOUND PARAGRAPH SHOULD READ AS FOLLOW: THIS LETTER OF CREDIT SHALL BE VALID UNTIL MAY 28, 1993 AND SHALL THEREAFTER BE AUTHOMATICALLY RENEWED FOR SUCCESSIVE ONE YEAR PERIODS UPON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE WE NOTIFY YOU IN WRITING TO THE CITY OF MIAMI, PUBLIC WORKS DEPARTMENT DIRECTOR 275 N. W. 2ND STREETo MIAMI, FLORIDA 33128, THAT WE ELECT NOT TO SO RENEW THIS LETTER OF CREDIT. UPON RECEIPT BY YOU OF SUCH NOTICE, YOU MAY DRAW HEREUNDER BY YOUR DRAFTS DRAWN AT SIGHT ON US AND ACCOMPANIED BY A CERTIFICATE SIGNED BY THE DIRECTOR OF PUBLIC WORKS DEPARTMENT TO BE EFFECT THAT THE AFORESAID BOND IS IN FULL FORCE AND EFFECT ON THAT DATE. Fnp 1_ /C AM922031--1 sFt!A"W. 42nd AVF,Letter of Credit unit 1 IAN11. FI_()R1DA 33126-5597 Issuance (305) 441-5432 P (). BOX 441 140 Negotiation (305) 441.5449 MIAMI. FIOR OA 33144-1140 OCEAN BANK Collections Unit 305 445r4123 FAX: (305) 443.3260 TELEX NO. 1441124 1441201 159581 159592 ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. THIS AMENDMENT IS TO BE CONSIDERED PART OF THE CREDIT AND MUST BE ATTACHED THERETO. YOURS TRULY, OCEAN BANK ALrTHt]R I ZED^ BIG AT'UREW�_—~—_��___�____ THIS DOCUMENT CONSISTS OF 2 SIGNED PAGE(S). 93- 59 t A °1 O °riDa 10tvartnimt of Otate I certify that the attached is a true and correct copy of the Articles of Incorporation of VIZCAYA HOLDINGS, CORP., a corporation organized under the Laws of the State of Florida, filed on April 30, 1991, effective April 29, 1991, as shown by the records of this office. The document number of this corporation is S48772. CR2EO22 (2-91) ften under mp banb anb the great beat of the 6tate of :ff loriba, at Tallabagen. the vital, tbig the 30th bay of April, 1991. dim �dsttitt� 3D Aecretarg of State 9 3 — 59 I,IS R. A QNSO , do hereby certify that I am the duly elected Secretary of VIZCAYA HOLDINGS, CORP., a Florida corporation, and that I ace the keeper of the corporate records and the seal of the aorporation. The following is a true and correct copy of the'Resolution adopted at a Special Meeting of all Directors and Shareholders of the corporation held on the 13TH day of SepteMber. 1991. That by unanimous consent of all of the Directors and Shareholders, the following Resolution was duly adopted and that the same has not in any way been modified or rescinded, but is in full force and effect; and that the said Directors and Shareholders of the corporation have duly ratified and affirmed thw same in the form hereinaftset forth. PA)TO C' 4AOLrj '° - RESOLVED��� OR JULIAN LIN Pea*-'k aep. Vice -President anel JOSS R.I A ON_SO as Secretary of VIZCAYA HOLDINGS, CORP., be and they are hereby authorized to apply for the re -platting before any and all governmental agencies of that certain property more particularly described in Exhibit A attached hereto and to execute whatever documentation that may be required to effectuate said re -platting, including, but not limited to hearings, readings before public agencies and to affix to any such required documents the official seal of said corporation. 31 93- 59 Rama as secretary ` h#vex �ubrcr — t 3� 93- 59 4 CITY OF MIAMi, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE 'A� FILE '' - of the City Commission SLINECT : VILLAS DE VI ZCAYA Resolution Accepting Proposed Record Plat Located at the Westerly Corner Brickell. Avenue Federal of and FROM : REFERENCES: Highway3 ^ Cesar H. Odi City Manager ENCLOSURES: °- 5 41 RECOMMENDATION: It is respectfully recommended that the City Commission adopt a #_ resolution accepting the plat Villas De Vizcaya, 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 determined that it is now in order for acceptance by the City Commission. The proposed record plat entitled Villas De Vizcaya is a resubdivision of Lots 8 through 13, and Lots 58 through 69, Block 57, Flagler, Plat Book 5, Page 44, lying Southerly of Federal Highway in the Jonathan Lewis Donation, Section 40, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of twelve (12) lots containing 2.20+ acres. It is zoned R--1. w" 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 31 S t 13Y ESE P'RESIEtiTst ATION, HAS CAUSED TO BE M�1 THE ATTACHED PLAJ. T ENTITt_ED -VILLAS DE VIZCAYA THE Hooms. CORP.,, A FLOSIOIA � RMED PROPERTY: BE9 A' RESUSDIVtSK*j OF THE FOLLOWG mstalp'nom S 83, S4, G5. 66. E7. Go AND Fig, INCLUSIVE. LYING LOTS B. `�. t0. N 17 AND 13 tNCt_USEVE, At3ti!-OTS 8, 55. Eo, 64 62. ACCORDING To THE PLAT THEREOF, As RL•{ Of FEDERAL H'iGHWAY IN BLOCK 51 OF FLAG L E R„ CI O.. '}SLAT t300K AT PA of 4A OF THt BLIC RECORDS OF bAbE COUNTY. F"lORIDA. LINTY T i � TR1 T�QNSt RESERVING To THE DEI?{CATORsl THEIR PE ATTACHED PLAT, TOGETHER WITH ALL EX{STING ANu FUTURE PLANTING, TREES, SHRUBBERY, AND FIRE N THE . AVENUE AND IHOMWAY AS SHOWN ATEq TO PEfiPETUAL USE OF THE PUBLIC FOfi PROPER PURPOSES. j*ANTS TMREON ARE HEREBY DEDICATED aIONS THEREOF. WHENEVER DISCONTINUED BY LA j,tCESSORS OR ASSIGNS THE NOT REVERSION OR REV�h IR E INDIVtWAL WELLS WILLABE PERMiTtEC► ON A N LOT WITHIN Tti15 SUBDIVISION EXCEPT FOR SWIM -MIN POOLS. SPRINKLER SYSTEMS ANbf OR A »RiTit.kEifS. 4E USE OF SEPTIC TANKS WILL NOT BE PCRk11TT� ON ANY LOT WITHIN THIS SUBDIVISION UNLESS APPROVED FOR TEMPORARY USE IN ACCQFiDd1TIC tits COUNTY AND/OR STATE REGULATIONS. EXCEPT 'TRANSMISSION LINES, WITHIN THIS SUBDIVISION. SHALL BE INSTALLED UAIDERt3ROUN NT AND L USE OF PROPERTY :L NEW. ELECTRIC AND COMA MA!!tJlGAnON LINES. Y RESERVED FOR ComMON AREA FOR THE 'D01THE INSTAL ATION AND mAiNTEN E HAT' ' TRACT t"A`�D AS SHOWN oAl THE ATTACHEDf PLAT IS HEREBY THO ED FOR HOMEOWNER'S THE ASSOCIATION TION SE OF N ACCORDANCE 1NiTH A DADS COUNTY AP PROG�� Ho�goWNE.R�S ASSOCIATION• VI�lI�RS W1TtiiN THE SUBDIVISION WY!$101� AND A5 A r�EAtts OF INGRESS -EGRESS To THE INDIVIDUAL. LOTS, AN I !F PUBLIC UTILITIES, AND SHALL BE OWNED At�Y MAINTAINED SAT THE LIMITED ACCESS RIGHT-OF-WAY t.lttES, AS SHOWN ON THE, ATTACHED PLAT, ARE HEREBY DE ��Bt�£NTi'14+; DIRECT VEHICULAR ACCESS '� #ti0 FROM THE ADdOlkG ARTERIAL ROAD.HEREBY RESERVED AS ppt�/AT� ?WNER% PLAT RESTRICTION: akD PRIVATE FD.C' THE r/�i•5TA LGATior✓.Q�o MArN rE ONCE Of t''✓�G � c dT/z !T/E 5. ` rJT OF pi.L LOTS AS SHOWN BY DASHED LINES ON THE ATTACHED P,r-CAI ,4 rNAT THE ACE SS EASEMENTS ALONG THE ARay L,X,�ini,4 �E EAseM6,v7T.��va A PUBLIC UTILITY EASEMENT I/il�s ' 3.5' AA40 549le-E �4SfMEN7.jp,, 1V. TIE THAT es,C'T "A`. IS TO BE A PRIVATE ROAD, DEDICATED AS AN INGRESS AND EGRESS EASEMEr� � Ts To BE SIGNED FOR AND �yRQI4�L6itE EASEMENT. DAY OF A FLORIDA GORPORATIOtd, HAS CAUSE.[? THESE PH =SE i/ iN WITNESS WHE oF= THE SAID 'i/I�CAYA HGLD�itiS, CORD.`. BE HEREUNTO AFFIXED BY IT'S SECRETARY THIS �---- iiN IT•5 BEHALF T3Y I'T'S PRESIDENT AND IT'S CORPORATE SEAL 10 ---- ,�+1�' A.D., 1992. CORP. ` 17.CAYA HUi.D4P44S. r ,_. �,'VRESIDE14T ATTEST: ,.�.•.�... ..-.. . SECRETARY ,LOSE R. ALONSo ANTo Ik Q BEAUMONT ;TATE OF' FLORIDA SS• �,.�* ��+���>��xs,:� +��sif s��,, ��{ r,F�ICEA DULY .4VTOORaZIE0 �c� r��awesrrss���a c�;�r►is s-SOLfjD T��aF 'OtlNTY OF DAME p'3A a t' t v ,Is�r��rs rc� vs< .. „m F ..� LIC WSSE AS�EN�i'ACATION AND ON THIS t)A Ht �ptaO'��ZUEL_A aFiIVER LI�c�N`' AN17 FL Ri A�►RiVF��� HEREBY CERTIFY: THAT EEAt3t� C 1d!! NT5 AF 1OhI1Q�_ _•.. h ACiCNOWLEDGEI� 7'HE Ek,ECUf'IQN THEREOF TO BE THtDR FREE ACT ND DEED A5 SUCH OFFICERS tC3tr�OtiYLl�C+ } Ak0 WHO 01G TAKE AN OATH. 1p ,ExL THIS '� f?AY OF AV PRINTED NAME 01 fk,CN�9IU4VI'FpGlwt� NOTARY P'09LIC. STAB OF FLORIDA AT ► AtiCsE 1 i/ -010I�latrM0�:v 9 lAORTOA06. 41 W Y4:« MeN by `t`4 E PRE Et`TS: V T�';41- t E" fi t F 1`! 44k�M . ra..a^,i' fist` �a# fi.&IJK_ # _ y £, �7 �^ Nlm.t A FLi"IDA �I�,�NKW5 P4RPOR,�$t-l'41I".w. �I .�`�."_.-4:..,-,e.�+ea" kwo Hv#..VeR , is G'r^thY.�Ys� �e 1L�Sk: # `Ti AT PAGE 3670, OF TE".`E FV6 ,1�. fY�.uatR�;;a ,• i OTS 58 THRU 699 ION OF LOTS 8 THRU 130 AND L "FLAGLER", SOUTHERLY OF FEDERAL HIGHWAY# LYING BOOK 59 AT PAGE 44s ZZ-OR D E D IN N PLAT N 40,TOWNSHlik IN SECTIO itJONATHAN LEWIS DONATIO OF MIAMI, DADE COUNTY. tUTH) RANGE 41 EAST.CITY i DA 50 NOVEMBER 1 1992 ,E E.R. BROWNELL S ASSoc., INC. ENGINEERS SURVEYORS MIAM FLORIDA 50 213 0 GRAMC scALE 100 150 — — ---I — — -- r— — -'— T 13 L 0 CT - 57 F L A G L I E R P.B. 5 PG. 44 7 i i i 6 5 4 3 7 �y 69 tat ra IMF W ma 7 m Tr KNOW ALL MEm BY THESE ME� w m ric A T� THAT *VIZCAYA TliE rw UJ A SAME eEifle A RESUBDIVISlot p 4. LEGAL DESCRIM101C Ld til ALL OF LOTS 13, ri AN!, FEDERAL HjqmWAY SOUTHERLY RFCORDE() IN FLAT ROOK � AT PAISIE QA W CL VIE DADE COUNTY PLAT RESTRICT� AVENUE AND mVWAY AS SHOWNE THE AV Dcut w a) <1 or. Hyc)RANIS THEREON ARE HERE(`ly on AS Sims THE REVERSJ7 "), sucCESS ORs NOT T fWT INUVIDUAL WELLS WILLAPE FERMI T f2- CONDITIONERS. wz THE USE OF SEPTIC TAtIKS WILL NOT STATE REGULAt ce WITH COUNTY AND/OR w,- ALL NEW ELECTRIC C AND COMMUI,jICAV t 04 ' r > THAT TRACT C0 AS SHOWN THE SUBDIVISION' i a. OWNERS WITHIN .32 OF PUBLIC UTILITIES, AND SHALL'; WOW T- THAT THE LIMITED ACCESS RiOli- VEHICULAR PREVENTING DIRECT OWNERS PLAT RESTRICTIO , EMENTS THAT THE ACCESS EAS ',4 5,, 5,7 A 1,V C ,q455.5 TRACT "A" IS TO BE A PRtVA­ THAT DRAINAGE EASEmCtT. SIN WITNESS WHEREOF: T14E SAID ON IT'S BEHALF 13Y IT'S PREsir)ENTg- A.D.- ATTEST; _ _- ._. ___ _ _. _ m -- .fOSE R,ALON ACKNOWLEDGEMENT% STATE OF FLORI')4 cout4l'y or DADE ss. I HLVir THATby CF-,RTIF - ANTO"'O ACKNOWLEDGEMENTS, rM, '40 0, my R7 ra KNOW ALL MEN OY IK'pq jt�,Sa THAl, OCiFIAN RE 4 COU'l- TY. FLC*lIGA, DOES P.E A fia 211 kltl rf- O'STAO, L 'WA 4% �Ak g'A* 7t, 47 7441