HomeMy WebLinkAboutR-93-0361J-93-415
6/7'`./93
RESOLUTION NO. 9 3 - 361
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE
PLAT ENTITLED "DANIA SUBDIVISION", 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 plat;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The plat entitled "Dania Subdivision" is a
replat of Tract A, REBOZO SUBDIVISION, Plat Book 63, Page 53; and
Lot 1, LES SUBDIVISION, Plat Book 61, Page 56; and a portion of
Lots 1 through 15, Block 1, and a portion of Lots 1 and 2.
Block 2, PINE TERRACE, Plat Book 3, Page 51; and a portion of the
Southeast 1/4 of Section 16, Township 54 South, Range 41 East,
City of Miami, Dade County, Florida, being more particularly
described as set forth 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
T .Cop Yon
ATTACHMENT (S)
CONTAINED JUN 2 g ft
. .
93- 36f`
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 publics
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 _29t-h day of Jung , 1993.
�XAVIER L AREZ, YOR
ATT85Tsl o
MATT HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
'�Wkk qa,
G. ilIRIAM MAER '—
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
y
W. OUKAWJ , II
CITY ATTO
GMM:fps:M r646
-2_
rya' xY' a
.P..,.�:�J.�'!Fe,L�nfi�✓a�;ii�m x''it,_ �,. _..,..n.�e,� 1., r. , , ..... ., .. ._.. a ..
LEGAL DESCRIPTION
OF DANIA
SUBDIVISION
Tract A of "REBOZO SUBDIVISION", according
to the Plat
thereof as
recorded in Plat Book 63, at
Page 53,
of the Public
Records of
Dade County, Florida; together
with:
Lot 1 of "LES SUBDIVISION",
according
to the Plat
thereof as
recorded in Plat Book 61, at
Page 56,
of the Public
Records of
Dade County, Florida; together
with:
A portion of Lots 1 through 15, inclusive, Block 1 and Lots 1 and
2, Mock 2 of "PINE TERRACE", according to the Plat thereof as
recorded in Plat Book 3, at Page 51, of the Public Records of a
Dade County, Florida; together with:
A portion of the Southeast 114 of Section 16, Township 54 South,
Range 41 East, Dade County, Florida.
All of the above being more particlarly described as follows:
Begin at the Southeast corer of said Tract A of "REB.OZO
SUBDIVISION", thence run S 90 �' 0011E for a distance of 15.00
feet to a point; thence run S 00 00' 00"E along the West right-
of-way line of S.W. 27th ►venue for a distance of.219.75 feet fo j
a point; thence run N 89 45' 5011W along the North right-of-way ,
line of S.W. 28th TerOrace for a distance of 785.09 feet to a
point; thence run N 00 13' 40"E along the East right--of-way line
of a 30 foot wide roadway as shown on said Plat of "PINE
-feet
(calculated); thence run N 70
TERRACE", for a distance 16f 63.99 feet (Deed), 63.93 04, 1111E along the South right -of -
(Calculated); line of U.S. Highway No. 1, for a distance of 664.68 feet
(Deed) 664.36 feet (Calculated) to a point; thence run S 440 07'
31"E for a distance of 5.48 feet to a point; thence run N 700 04'
1111E along the South right-of-way line of U.S. Highway No. 1 for
a distance of 114.80 feet to a point of curvature of a circular
curve, concave to the Southwest, and having for its elements a
radius of 25 feet and a central angle of 109 55' 49"; thence run
Northeasterly and. Southeasterly along the are of said circular
curve for an arc0 distance of 47.97 feet to a point .of tangency;
thence run S 00 00' 00"E along the West right-of-way line of i
S.W. 27th Avenue for a distance of 85.57 feet to the .point. of �
beginning; together with:
Begin at the Southeast corner of said Lot 1, Block 2 of "PINE
TERRACE"; thence run N 89 45' 50"W along the North right-of-way
line of S.W. 28th Terrace for a distance of 144.25 feet to a
point; thence run N 70 041 11"E along the South right-of-way
line of U.S. Highway 60. 1, for a distance of 153.66 feet to a
point; thence.run. S 00 13' 40"W along the West right--of-way of a
30 foot wide roadway as shown on said Plat of "PINE TERRACE", for
a distance of 52.98 feet to the point of beginning.
All of the above described parcels of land lying and being
situated in the City of Miami, Dade County, Florida.
"Attachment in 9 3- 3 61
Aftr
�itv of dMiumt
WALDEMAR E. LEE 'ter ` �% CE5AR 14. OMO
perector • .,,,,, r. City Manager
May TO , 1993
Resolution Trust Corporation
Haven Savings 3 Loan P.A.
4200 W. .Cypress Street le Or
Tampa, Florida 33007 ���•� ��
Gentlemen:GROvE SATE ,per
d �9.�//�9 sssBGil�/a�v.c1
tON - TENTATIVE PLAT 91442A
The City of Miami Plat and Street Committee. at Its meeting of
Apr I1 1, 1993, 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 clearly by a heavy solid line all dedications to
the zoned right of way line. This shall Include all
23-foot radius dedications at the corners of the
property. Show Inner line as dashed lines.
- Provide numerical designation for •So• zoning districts
on location sketch.
- Provide notation for demolition of existing buildings,
�?
billboards and concrete slabs.
3I
If old right of way at west end of sketch is open. then
description and sketch must be changed to reflect this.
a
Correct legal description. Contact Frank McMahon.
Surveyor, at 579-6074.
j
- Satisfy the requirements of the Mleml-Dade Water &
l
Sewer Authority Dept. and Florida Power a Light Co.
- Miami Fire. Rescue & Inspections Services Department
will require three new hydrants.
- Provide a tree survey. Identify pine trees.
- Remove notes regarding proposed uses.
k
- Label limits of plat.
- Show latest flood zone maps.
- North right Of way survey tie distance along S.W. 26
Street should be 25 feet and not 20 feet.
Page 1 of 2
DEPARTMENT Of PUKIC WORKS/VS N.w. btd UMVMWnI, fwd& marillw) 9"M
93- 361
777
r z �
�T6��i„(u"ifdi.�i:�i>`�iw'".,''3�` .:� W wb,i�^k.`rr i.'..M Y� e r.: r. r.w._..:.y.,..r. , ,,. . ,., .d .•,. ,, ... . ,. � . ... + _ . ,±<,+,. ; . •s serf w.4...:a i-�,,''< r+�;ci ?r +' _ _ �
Resolution Trust Corporation May 20. 1993
1Ib/�W;a.pq.
- Satisfy requirements of Florida Power i Light Company.
in addition to the above requirements. you should be aware of
the following:
1. State and local law: 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, sto. 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.
i 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.
] S.
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.
e.
Tentative plat approval Is only valld for one (1) year from
the data 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.
f
James J ay. .E.
Chairman. Pia i Street Committes
JJK:go
Enclosure: Contact Sheet
CC: J. H. Manucy, Inc.
Plat and Street Committee Members
F I I* . 7 »....
Page 2 O 2
so
K
vWE, }
THE CITY OF MI'AMI,:FLORIDA
DEPARTMENT OF PUBLIC WORKS
May 25, 1993
REPORT OF PROPOSED RECORD PLAT OF
DANIA SUBDIVISION
LOCATED AT SOUTHWEST 27 AVENUE AND
SOUTH DIXIE HIGHWAY
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
"j
The accompanying Plat entitled DANIA SUBDIVISION was "
prepared by J.H.-Manucy, Inc. It is in correct form for
i
submission to the City Commission and is forwarded with a
recommendation that it be approved.
I'
1 PERTINENT INFORMATION REGARDING THE PLAT:
�i 1. The property platted is a replat of Tract A, Rebozo
I'
a
Subdivision, Plat Book 63, Page 53; and Lot 1, Les
Subdivision, Plat Book 61, Page 56; and a portion of Lots 1
through 15, Block 1, and a portion of Lots 1 and 2, Block 2,
Pine Terrace, Plat Book 3, Page 51; and a portion of the
Southeast 1/4 of Section 16, Township 54 South, Range 41
East, City of Miami, Dade County, Florida, being more
particularly described as follows: See the attached for
complete legal description. The area platted consists of
three lots containing a total area of 147,397,.0+ square
feet. It is zoned SD-11.
2. The location of the streets and the, widths conform. >-with :'tie
standards of the Department of Public .Works of the: City of
Miami, Florida.
;a
r y by C .'mod
3. As certified to by Bernabe A. Hernandez,, Registered Land
Surveyor, this Plat complies with the plat filing Laws of
the State of Florida.
4. The Certificate of Title Examination dated April 26, 1993,
signed by L. Jules Arkin, Attorney, indicates that the fee
simple title to the property platted is correctly vested in
Resolution Trust Company, as Receiver for Haven Savings and
Loan Association, F.A., a Federal banking association,
formerly known as Haven Federal Savings and Loan Association
and Admiral Federal Savings and Loan Association, and the
Plat has been correctly executed.
5. The area platted is not encumbered by mortgages.
6. In accordance with the requirements of Chapter 54, of The
Code of the City of Miami, Florida, a Letter of Credit,
#4097, in the amount of $215,000.00 has been executed by
Resolution Trust Corporation ("RTC") as Receiver for Haven
i
Savings and Loan Association, F.A., a Federal banking
association, Principal, and CapitalBank This Letter of
Credit will accompany the Agreement between the City of
Miami, Florida, and the Principal to guarantee the
construction of new asphaltic concrete pavement, new
concrete sidewalk, new concrete curb and gutter, new storm
sewers, landscaping, and the removal of concrete sidewalk
and concrete curb and gutter.
7. The attached Resolution has been prepared for .the acceptance
of the Plat by the City Commission of Miami, Florida.
Frank c a on, jr.
City Surveyor 93- 361
FM:au 7
LEGAL DESCRIPTION OF DANIA SUBDIVISION
Tract A of "REBOZO SUBDIVISION", according to the Plat thereof as
recorded in Plat Book 63, at Page 53, of the Public Records of
Dade County, Florf.da; together with:
Lot 1 of "LES SUBDIVISION", according to the Plat thereofas
recorded in Plat Book 61, at Page 56, of the Public Records- of
Dade County, Florida; together with:
A portion of Lots 1 through 15, inclusive, Block 1 and Lots 1 and
2, Block 2 of "PINE TERRACE", according to the Plat thereof as
recorded in Plat Book 3, at Page 51, of the Public Records of
Dade County, Florida; together with:
A portion of the Southeast 1/4 of Section 16, Township 54 South,
Range 41 East, Dade County, Florida.
All of the above being more particlarly described as follows:
Begin at the Southeast corner of said Tract A of "REBOZO
SUBDIVISION", thence run S 90 F 0011E for a distance of 15.00
feet to a point; thence run S 00 00' 0011E along the West right-
of-way line of S.W. 27th dlvenue for a distance of 219.75 feet to
a point; thence run N 89 45' 50"W along the North right--of-way
line of S.W. 2$th Ter ace for a distance of 785.09 feet to a
point; thence run N 00 13' 40"E along the East right--of-way line
of a 30 foot wide roadway as shown on said Plat of "PINE
TERRACE", for a distance V 63.99 feet (Deed), 63.93 feet
(Calculated); thence run N 70 04' 1111E along the South right-of-
way line of U.S. Highway No. 1, for a distance of 664.68 feet
(Deed) 664.36 feet (Calculated) to a point; thence run S 440 07'
3111E for a distance of 5.48 feet to a point; thence run N 700 041
1111E along the South right--of--way line of U.S. Highway No. 1 for
a distance of 114.80 feet to a point of curvature of a circular
curve, concave to the Southwest, and having for its elements a
radius of 25 feet and a central angle of 109 55' 49"; thence run
Northeasterly and Southeasterly along the are of said circular j
curve for an arc0 distance of 47.97 feet to a point of tangency;
thence run S 00 00' 00"E along the West right--of-way line of
S.W. 27th Avenue for a distance of 85.57 feet to the point of
beginning; together with:
Begin at the Southeast corner of said Lot 1, Block 2 of "PINE
TERRACE"; thence run N 89 45' 50"W along the North right-of-way
line of S.W. 28th Terrace for a distance of 144.25 feet to 'a
point; thence run N 70 041 1111E along the South right -of --way
line of U.S. Highway �o. 1, for a distance of 153.66 feet to a
point; thence run S 00 131 40"W along the West right-of-way of a
30 foot wide roadway as shown on said Plat of "PINE TERRACE", for
a distance of 52.98 feet to the point of beginning.
All of the above described parcels of land lying and being
situated in the City of Miami, Dade County, Florida.
t-
}
93- '361
with the understanding that this opinion of title is
furnished to 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
title completely covering the period from the BEGINNING to April
26, 1993 at 11:00 P.M., inclusive, of the following described real
property:
The real property described on
Exhibit W attached hereto.
Basing our opinion on said examination 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
ins
Resolution Trust Corporation, as Receiver for
Haven Savings and Loan Association, F.A., a
Federal banking association, formerly known as
Haven Federal Savings and Loan Association and
Admiral Federal Savings and Loan Association
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is rendered.
2. Rights of persons other than the above owners who are in
possession.
3. Facts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materialmens' liens.
5. Zoning and other restrictions imposed by governmental
authority.
SPECIAL EXCEPTIONS
6. Agreement (Re: Tract A, Plat Book 63/53) recorded in Official
Records Book 2711, at Page 456, of the Public Records of Dade
County, Florida.
7. Covenants recorded under Clerk's File No. GG-95654 of the
Public Records of Dade County, Florida.
S. No City of Miami municipal liens are recorded in the Public
Records of Dade County, Florida.
at 93361
µ.. i!�^b'7'•b':,��e.N1J. \it ..c J. L F., 3 f y '� `Y
il.
SPECIAL EXCEPTIONS
1. The right-of-way for Whitehead Street between Blocks 1
and 2 of Pine Terrace has been dedicated and is not owned by the
titleholder.
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 (included within the above legal
description) shown on the final Plat of the aforedescribed
property, the subdivision thereof to be known as Dania Subdivisions
Resolution Trust Corporation, as Receiver for Haven
Savings and Loan Association, F.A., a Federal banking
association, formerly known as Haven Federal Savings and
Loan Association and Admiral Federal Savings and Loan
Association by its attorney -in -fact, Edward B. Craig,
(authorized by Power of Attorney dated March 23, 1993.)
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 26th
day of May, 1993.
THERREL I DEN ME S
By:
11 Lincoln Road
uite 500
Miami Beach, Florida 33139
�p 93- 361
..}.•,:sic.. <.xii..�v. e� . �.,.C�4. u... t ....�_,�✓'.�.. 5 9?. ,. e.. ... _ { 1
AiM
87aiIBIT "A � f 1
LBGA->:,_- DfiSCRIpTi :( ,f fiL�
.':
Tract A of "REBOZO SUED - Plat book 63. at Pa IVI$ION",-accorciin •
Together With: Page 53•• of the Public PecondehegPlaC thereof as
Lot 1 of "L!'S SURDIVISION'• o Dade County, Florio rd 1n
Book 61, at Page 56/ of the according to the Together With; Public Record, Plat thereof ae recorded in Plat-
ofPortion of Dade County, gloride;
pINB TE£ Pots 1 through 15
at 'tr . RRACE". accardinto-, inclusive, Bloch 1 a
Together ah page: 51., of the Public •RE rtim'p1-a`nd hots I and 2. Block 2
Cords of--Dyde- �Z'gSd-2n-"P2at'$prp
A portion of the tunty; Ftorizla;
• East southeast ---
l3ade County, uthe Florida V4 of Secticr. 16, TOWnshi = ;
All of the above P 54.5outh, Ran
Begin at the -Southeast
moos Particular! ge 41
Thence run 5,90 beast corner o " Y described as follows:
00.00•'h, £ said Tract A - of R
run .6.00-00'00••i along the a distance
of 15. �� a �intSYON";
for a distance g of-Wa 00 fee,.
the North Ri ox 219.75 feet to a Y line of E.W. 27th
feet to BhL-of-Way line Point; Thence run N, Avenue
n Point: Thence r of S.W. 28th. Terrace 89^45'50••W- along
a 30 foot wide roadway run N.00"13'4a-S along a ZOr a distance of 78.rr,09 '
63.99 feet (Deed) 63.93as shown on said Plat -$5t Right-of-Wa along the South Ri$h,93t-ofoot !Calculated) to of "PINE TEMCE", for a distance
664.68 feet (Deed) Way line of U.S. H} Point; Thence: run1:7,0'
5.44^07"31••R. ) 66ista feet (Calculates ghway No. I. for a diet8AcC4of1..E.
along the South Rig distance of 5.48 feet tote a Point•.
loft-of-Wa Point; ' .encase run
southwest
feat to Y latu of U.S. Thence run N.70-04• Southwest, a Point of curvature of sHighNBy Uo:•l for a dletance ofii"i,
of I09^5 end having for its elements a circular
5'49"; Thence run Northeaster, cove. concave to the
said circular curve ' radius concave
and a
for an asLerlV and Sautheasterl Central angle
of tangency; Thence run S, ar` distance of 47.g7 fast to Qa1Qng•:+,}je ra,b'
S.W. 27th. Avenue .for. 00-00'00"8. along Yxiint;
Together With: °distance of 85. a the West Rjmhtrof-W v °t
Begin at t c 57 feet to tha Point oi'. $e Z nie of
Thence run he ..outheaet corner of said ginning.
Terrace.forN'8g-4tan e * along
Lot I, Block 2 of •'PINQ T
alonga distance or B the North Block
MUM&S..
the South Ri 144.25'xeet to a Point.- y line of S.W. Batjo
h.
153.58 feet to a Right -Way line of U.S. ;li 'Thence run N,70-0gq_
°f a 3o foot wideP°int; Thence run S.0.S. gh.vay No. 1• for a diatetnceMof
distance Oct
roadway ae shown o 3'40'•W. along the Wret Ri t-o All of 52-98 feet to the n said Plat of -•pINB TES f-way
the above described Point of Beginning.I for a
City of tiiami. Dade Count Farcele of land !Yin
Y, Florida. B and being situated in the
f
•f •�� •�'"� 5te2°j.f!.� a�":.Ui. , 4��u.�s�x ui •� . ,, .... �....is. , . } .• ..... ..�..., � . , . ... „ . ..
�•" "* . i1Rtr k7 .93 16: a7 R 5 A C A _tNa ae, Yoa►s%sY' -e his ,
„O
rant V"m same. VURNS M
*&GS%dW
M+.e Ir-11"m, ssf. a ►•aT
iids" MFNfo
Wjm*. 1�031.1
www��.ew�.r�w�. (fQ7) iS0.Oi1S
cv� ) afar 27. 1993
KirLm Meer, i(sguire
City Attorneys, 09fioe
Dapont plase tenter, Suits 300
300 alsoayne sonlevard Way
r.�
Missi, No 33131 t
Xos Resolution 'trust Corporratien, as aeceivor for Aav4n
Todarai aiavings, ' in Receivership ("RTC44 • orewgeto
Dear as. Mean
As you know, this law give represents the R= in co tim
with the sunagensnt and disposition of the esovoyats pprroopty in
MIGAIL You have advised 38 that FAward at. Craig, of the 3q*
hao oxesutsd, or intends to execute, a plat of a* subjSCtI
property as volt as an agreeaent conae" the ra of
the property. You have also requested that we prowl". you IwIth
this letter sonaminq mr. ersivs euthosity to execute *IgodamImente an behal! of the life.
the have reviewed that certain lower og Attom" dated
S, 1091. given by Smoolutien Trust Corporation to willies
Dadley (the -Dudley rover or Attorneys) and %tat certailn
of Attorney given by X . Dudley on behalf 0! "solution T
Corporation to Ndward a. Craig (the -Craig tows of Attor
and rye bays Bade impilry of MC regional counsel.
Mesa upon our review of the Dealer tower of Attorney 4
the Craig Dewar of AtterMy, ea►d ens inguiVy et,1N!'Q eoumse:
Conclude that air. Craig has the rMISite'authority of WC
execute the plat and the agroomms for iaprovevont of the
property, as we discussed on the toispheno.
Y trust that this letter satisfies your rsguiraatents.
.. fiilleaTy�3y,
6
Levis Y. Cri
itt/act>:d
oes ear. adword U. Craig (vas LGIOuvirr)
am.
r..ra...
AGREEMENT FOR of can= II0
PURSUANT .TO PRMIZ a
CHAPTER FCITY�� ESHCODE THE Of Y'
WHEREAS, Resolution Trust Corporation (RTC), as deceiver for Haven
Federal gaviugand Loan Association, V.A. a federal banking association w
(hereinafter referred tows the "Owser"l. oosam-nal with the
delivery of this Agreement, has app" to SMR CIN OF IIlM,
FLORIDA, (hereinafter referred to as the "Cite)e foe the
acceptance and confirmation by the Coeedeaios of said City. of
a certain proposed plat of a subdivAsios to be users q
Dania Subdivision a ew of Much prepored
plat is attached hereto and sad* a part hr.°eof as XxUbit "A"i
and
WEREAS. Chapter 54, Section 54-30 and Cbeptar Sb.S, IN OM (W
,HE CITY OF MIAMI. FLORIDA, requires that any Proposed plate auisitted
to said Commission for acceptance avid coe►fissation shall be �coeasiled
by an Agreement entered into by the Ogren of do 148+4 beig plattede
with the Director of the Deparamat of Yobbo Masks on beWt of add
City, for the construction of certain i wevwests tbsseis «wrested,
the performance of which Agreement shall be seamed by a Wd and
sufficient Performance sonde Letter of Credit at Caeblar•s Cheats
NOV, THEREFORE, the' Owner hereby cove to "d aRsria Leith
a
said City as follows
9 3`= 361
13
IPII IIgI 1w 1111! III
'a�`diut,s,.u,aAax.. ..chi .a..t,s I.f u..r.,v.w ...,.., .. � ...• .u.. e. fin. � .. �. _ ,. ,�,:.. 1 ..yf,"- nx,'•'.t. _.:1.,'..
a
1. within one (1) yom fz!O the effective Bats o! theaaasftanes
,and confirmation of said plat by the CasMIisilat of said City' W ptior
to the issuance by the City of•Hisni of i Cesttlieate of 0saLip asisy for
the premises, the Owner Will construct. or cause to bare Oftat-w-ted-
at his own expense and in accordance with standard speaifieatieas of
said City, all ImProveesats as are listed smd described erm.tis
estimate of cost of said iaproveesats.•a eOP! wbasea is attached
hereto as Exhibit "B" and made a past basso!. Altttsu oar ".WIN
allowed for 'the completion of the aloramastio�si !slra�sw�sls. it is
nct in the public intereNgt that such contraction Mork should be
:;olonged to the extent that it would have a disorgsaising effect upon
:he neighborhood. After thi work is started. the Owner hereby agress
to prosecute said work progressively so as to cGWlete it in a reason-
able length of time as dstemined by the Departsrnt of Public Borks.
2. in accordance with the provisions of said Chapter 54.
Section 54-30 and Chapter 54.5 TIM CODE OF THE Oft OF 1VIAH19 FMDA.
the Owner herewith tenders to the City a Letter of Credit duly executed
�.� the (Bank)Capital Rank . in the mount
of $ , 1 s _ noo which amount is not less than one hundred
(loos.) percent of the estimated cost of the eonstruction of the
i=provements listed in the attached Eddbit 'Wo plus tMentY-~PM
percent for engineering and contingent costs and dMWs. and upon
completion of the construction of said improvsmats and subs"V ent to
the submission by the Owner to The City'of Mad Dapartsrot Of Public
,orks a letter from a Registered Land SWMYer certifying I that the
.er-anent Reference MonUMMts indicated on the Plat ban been installed
and properly placed. said Letter of Credit shall be released.
3. In the event the Owner shall fail or neglect to fulfill his
obligations under this Agseeweat, the conditions of said Letter of
Credit shall be such that the (Bank)canita;,_,_�_„__„_,.��
Shall, within thirty (30) days after receipt of written notice from the
director of the Department of Public Notts of sold City of tbe.failure
or of the neglect of the Owner to perform this Agreeftut. construct, or
cause to be eonser6aated. the improvemsats Nt forth in Msbit "1"
hereof, pay to -the City a sum up to the aggregate smouut of 42_1; ;,2,00-„„_.
4. The City shall *taw the right to collect the sun estimated to
construct or complete the improwrmsets set forth in mtibit "B". said
sum to be estimated by the Department of Public iiorks.of the City,
w::ich shall include engineering and contingent costs and sap damages
direct or indirect, not to exceed twnty-jNW(21%) thereof, plus
reasonable attornaw' face which the City map sustain on account of
the failure of the Owner to carry out and execute the provisions of this
Agreement; provided further that the City Co"osion of Miami. Ylorida,
shall have the right to construct, or cause' to be constructed, after
.`11c advertisement and receipt•of bids, the as
--,�.;ded for in said Agreement. and in the event that the City
'"::nission of Miami. Florida exercises such rightp it shall have the I
1
r-.;ht to collect the final total costs of said imprevamta, together
:-h an engineering and cones Y g a agent costs, and any damps direct
-r indirect, not to exceed twenty-o*W(27%) percent thereof, plus
asonable attorneys' fees, Which the City may sustain on account
.. the failure of the Owner to carry out and exedute the provisions
this Agreement. Said letter of Credit is attaebed hereto as
_x—ibit "C" and made a part hereof by reference.
93-` 361
r
Resolution Trust Corporation, as
ATTEST: Receiver for Haven Savings S Lean
Association, F.A., a federal banking
association.
(Corporate Seal)
coR P Edward. B. Craig
ATTEST t
S�ir''� Attorney -in -Fact }
G+''
Secretary Pa
(Corporate Seal)
�rosidtse ';`s
Approvs� and accepted on bobalf of dW City Of MAN&* Tiortda,
this day of AODOV Il&.
Si�oeoe. ate. ot'a t6
wi Y
CORPORATION 'AUN
IN WITNESS WHEREOF, the OMMER has caused these presents to be
executed and signed in its namR by Its proper officers, god its
corporate seal to be affixed her, and attested to by its Secretary
the day and year first above set forth.
Signed, Sealed and Delivered
in t Prose ce o .
e
N
CIO AND ZIP
CODE 33/39
Ol h
III) L►dwtPRINT
r- icy
AD KE53--
3�3`
CITY, STATE AND ZIP
CODE
STATE OF FLORIDA
S.S.
COUNTY OF DADE
Resolution Trust Corporation, as
Receiver for Haven Savings & Loan
Association, F.A., a federa2,banking
assoc,tarion.
sy:. +
Edward B. Craig
Attorney -in -Fact
ATTEST:
CORPORATE SEAL
I hereby certify: That on this day personally appeared before me, an
officer duly authorised to administer oaths and take acknowledgemests
a
Attorney -in -Fact
of Resolution Trust Corporation. as Receiver for Haven Savings
AW
& Loan Association. F.A., a federal Banking As
Mhe ice"
(i:)
personay noM o
Who Ab"
1Vsocoerporation,
(has) produce!
r
got Toref9jul,
as Indfintirication
instrument and acknowled
454 WIG 616EVIR
the thereof
ed
execution to
be td free
act
and deed as such officer
for the purposes, therein
expressed and
who
gilt (did not) take an oath.
93-
361
Witness: NY hand and official $!!1 this /�'dty
of A.D.. 19 .9 N
Signature of Person Taking Acknowledgenedts
Printed Name of Acknowledser oawopc,,�.
Notary Public State 4! woawNOM��
Serial Number: (if any►�itN�
My Commission Expires: rai�111wN�rp�,�yq,
APPROVED:
W
This Instrueent prepare! by
Departmat of taw
City of Niaei. Florida
9.3- 361
TO ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA
and
RESOLUTIONTRUST CORPORATION, AS RECEIVER FOR
HAVEN SAVINGS AND LOAN ASSOCIATION, F.A.,
A FEDERAL BANKING ASSOCIATION
FOR IMPROVEMENTS AT
DANIA SUBDIVISION
LOCATED AT SOUTHWEST 27 AVENUE AND SOUTH DIXIE HIGHWAY
N ! i * M i * 1 * * * * i * # i N * * * i
LANDSCAPING
Plant fourteen (14) Royal Palm Trees and
5,000 Square Feet of Solid Sod
CONSTRUCT NEW ASPHALTIC CONCRETE PAVEMENT
Approximately 1,900 Square Feet
REMOVE EXISTING SIDEWALK
Approximately 1,100 Square Feet
REMOVE EXISTING CURB AND GUTTER
Approximately 300 Lineal Feet
CONSTRUCT NEW CONCRETE SIDEWALK
Approximately 14,000 Square Feet
CONSTRUCT NEW CONCRETE CURB AND GUTTER
Approximately 1,750 Lineal Feet
�9
$
10,000.00 ,
$
28,500.00
$
2,200.00 a
ra
$
900.00
$
42,000.00
$
17,500.00
93361
E
STORM SEWER STRUCTURES
construct six (6) Type "D--4" Manholes
Construct six (6) Type "F.-3" Catch Baisns
Construct approximately 400 Lineal Feet of 30"
French Drain
r,:�nstruct approximately 50 Lineal Feet of 15"
Cross Drain Pipe
ESTIMATED COST OF IMPROVEMENTS
(10%) CONTINGENT
;17%) ENGINEERING AND INDIRECT COSTS
TOTAL
AMOUNT OF LETTER OF CREDIT
$165,000.00
$ 16,5101.00:-
$ 30,873.70
$212,483.70
$215,000.00
*Information concerning the landscaping requirement shall be
:)btained from the City of Miami Planning Department.
020
X)CAMALUM
May 12, 1993
Estattt Olvlaton
Brickell Avenue
Miami, Florkla 33131
Telephone (305) 536.1610
Irrevocable Letter of Credit #4097
The City of Miami
Department of Public works
275 N.W. 2nd Street
Miami, FL 33128
Gentlemen:
For the benefit of the Resolution Trust Corporation ("RTC"), as
Recei f H
ver or aven Savings and Loan Association, F.A., a federal
banking association, 100 Colony Square, Suite. 2100, Atlanta,
Georgia 30361, we hereby open our Irrevocable Letter of Credit
r4097 in your favor for an amount not to exceed the aggregate of
TWO HUNDRED FIFTEEN THOUSAND and NO/100 Dollars ($215,000.00),
effective immediately and expiring at our 1221 Brickell Avenue
Office, Miami, Florida 33131, with our close of business on May 17,
3
1994.
Funds under this Letter of Credit are available to you against your
draft(s) drawn on, us at sight, mentioning our Letter, of Credit
#4097. Each such draft(s) must be presented prior to our close of
business on May 17, 1994 at our offices at 1221 Brickell Avenue,,
3rd Floor, Miami, Florida 33131 and must be accompanied by:
1) this original Letter of Credit; and
2) ek written certificate signed by the Director of the Department
of Public Works of the City of Miami stating:
"I hereby certify that the Resolution Trust Corporation
("RTC"), as Receiver for Haven Savings and Loan
Association, F.A., a federal banking association, has
failed or neglected to perform its obligations under :the
Agreement by and between RTC and the City' of Miami,
executed by RTC on May 14, 1993, for Dania Subdivision;
or RTC has failed to construct or causedto be
constructed, the improvements set forth in',Exhibit B-cf
said Agreement and I further certify that , the :,Pigreement'
is in full force and effect and the City of Miami
�L 93 36
, ta
�h
Irrevocable Letter of Credit #4097
Page 2
May 12, 1993
Department of Public Works is entitled to draw on this
Letter of Credit."
This Letter of Credit shall be valid until May 17, 1994 and shall
thereafter be automatically renewed for successive one-year periods
upon such date 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 Street, Miami,
Florida, 33128, that we elect not to so renew this Letter of
Credit. Upon receipt by you of such notice you may draw on this
Letter of Credit by presentation of the required documents.
We hereby engage with you that all drafts drawn under and in
compliance with the terms of this Letter of Credit will be duly
honored within thirty (30) days after receipt of said draft,
accompanied by the required documents, at our office on or before
the original expiration date of this Letter of Credit or any
renewal thereof.
Except as otherwise expressly 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).
( + sincerely, '
Michael Paul David H. Promoff
senior vice President Senior Vice President
/lpl
�2 9 3 36.1
t �
GEORGIA. f VV04 COUNT
FILED Ali' F'CORarO
POWER OF ATTORMn 93 APR 16 AM 9* 50
KNOW ALL PERSONS BY THESE PRESENTS:
That the Resolution Trust Corporation ("RTC"), a corporation
organized and existing under the laws of the United States of
America, with its principal office located in Washington, D.C. has
determined it is necessary to appoint a representative to act on
its behalf to preserve, maintain or liquidate assets of certain
insured savings associations.
The RTC has established a consolidated field office in
"llknta. Georgia, in order to discharge its responsibilities
arising from insured institutions located in the states,
commonwealths, districts, terrortories, or other legal
jurisdictions of Maryland, Went Vi_rglaia, Virginia. Tennessee.
Therefore, for the purpose of preserving, maintaining, or
liquidating assets, the RTC does hereby authorize and empower
Edgard B. Craig as its attorney -in -fact to:
1. Sign, seal and deliver as the act and deed of the RTC any
instrument in writing, and to do every other thing necessary and
proper for the collection and recovery of any and all monies and
properties of every kind and nature whatsoever for and on behalf of
the RTC and to give proper receipts and acquittances in the name
and on behalf of the RTC;
2. Release, discharge or assign any and all judgments, deeds
of trust or mortgages on real estate or security interests in
personal property (including the release and discharge of the same
of record in the office of any Chancery Clerk or any other Clerk of
any other Court or Register wherever located Where payments on
account of the same in redemption or otherwise may have been made
by the debtor (a)), and to endorse receipt of such. payment upon the
records in any appropriate public offices
3. Receive, collect and give all proper acquittances for any
other sums of money owing to the RTC for any asset which the
above -named may sell or dispose of;
4. Execute any and all transfers and assignments as may be
necessary to assign any securities or other chose* in action;
b. Sign, seal, acknowledge and deliver any and all agreements
as shall be deemed necessary or proper by the attorney in fact in
the care and management of any assets;
6. Sign, seal, acknowledge and deliver indemnity agreements
and surety bonds in the name of and on behalf of the RTC;
7. Sign receipts for the payment of all rents and profits due
or to become due on any assets;
�K{6k92�0��
23
93 361
t�,Yria.:rasr'�w.�s:i� .,_.....�53.� 3�ti� `•s ,. . a.: �.. ...s ... �, ., ... _. .. _
S. Bell, transfer, convey, or otherwise alienate and/or
release, any and all rights, title, and/or interest in and to real
property located in Puerto Rico or elsewhere, recorded in the name
of the RTC or in the mane of any banking institution as to which
the RTC is acting as conservator or receiver, and to execute,
acknowledge, and/or deliver any and all public and private
documents which may be necessary or convenient to effect or record
any such sale, transfer, conveyance or alienation.
9. Extend, postpone, release and satisfy or take such other
action regarding any mortgage or dead of trust held in the name of
the RTC;
10. Foreclose under any mortgage, deed of trust, security
agreement or other lien on either real or personal property,
wherever located;
11. Do and perform every act necessary for the use, liquidation
or collection of any assets in the name of the RTC;
12. Sign, seal, acknowledge and deliver any and all documents
as may be necessary to settle any action(s) or claim(s) asserted by
or against the RTC in any of its capacities; and
13. Sign, seal, acknowledge and deliver in the name of RTC a
substitution of Trustee under any deed of trust;
This Power of Attorney shall be effective immediatelyand shall
continue until such time as this Power of Attorney has been
terminated by the Executive Committee of the RTC or by any
authorized officer of the RTC.
IN WITNESS WHEREOF, the RTC by its duly authorized officers
empowered in that behalf by appropriate Directive has caused these
presents to be executed and subscribed in its name and its
corppoorate seal affixed this
....... a- of MArch. 1993.
RESOt ION TR CORPORATION
► K?
E-5124 tiPL w 1faA x. Daley
.. vice President
Atlanta Office
SIGNED, SEALED AND DELIVERED
IN PRESENCE OF:
` ATTEST:
Robert E. McCormack
Senior Counsel, Litigation
ex 16492P0002
93- 361
STATE OF GEORGIA
COUNTY OF FULTON
ass
i
On this jay of March, IM, before n+e, a Notary Public
in and for the Late of Georgia, personally appeared W lliAn M.
Dudley and Robert E McCormack, to me known personally, who boinq
by se first duly sworn did each depose that they are respectively
Vice Ares ent. Atlanta Office and senig_r, Counsel, Litiaation of
the Atlanta Office of the Resolution Trust Corporation
("Corporation") in whose name the foregoing Power of Attorney has
been executed and subscribed, who further said that the seal
affixed to the said Power of Attorney is the corporate seal of the
said Corporation and that the said Power of Attorney was executed
and subscribed on behalf of the said Corporation and its seat
thereto affixed by due authority of the Corporationfs Executive
Committee and the said Ifiilia)l M. Dudley and Robert E. Mgr,or 10X
acknowledged the said Power of Attorney to be the free act and deed
of the said Corporation
)2=6�
t ry Pu lic, o • of Fulton
State of Georgia
My Commission expires:
o anieM awo �rN
N.P.
SEAS
.2S 6K 1'6492P&003
f y�
93- H 1
HAVEN SAVINGS AND LOAN ASSOCATION, F.A.
winter Haven, Florida
WHEREAS, on March 1, 1990, the Resolution Trust Corporation
("RTC") was appointed as Receiver for Haven Federal Savings and
Loan Association, winter Haven, Florida, by the Office of Thrift
Supervision ("OTS") by Order No. 90-432; and
WHEREAS, on March 1, 1990, the OTS by Order No. 90-433
chartered a new association by the name of Haven Savings and Loan
Assocation, F.A.; and
WHEMS, on March 2, 1990, the RTC as Receiver for Haven
Federal Savings and Loan Association entered into a Purchase and
Assumption Agreement with Haven Savings and Loan Assocaticn, P.A.,
which agreement transferred certain assets from Haven Federal
Savings and Loan Association to Haven Savings and Loan Assocation,
F.A.; and
WHEREAS, on March 1, 199o, the OTS by Order No. 90-434
appointed the RTC as Conservator for Haven Savings and Loan
Assocation, F.A.; and
WHEREAS, on December 7, 1990, the OTS by Order No. 90-3010
replaced the RTC as Conservator with the RTC as Receiver for Haven
Savings and Loan Assocation, F.A.
THEREFORE, pursuant to the aforesaid OTS Orders and by
Operation of Law pursuant to 12 U.S.G. S1821(d)(2) (1969) and 12
U.S.C. S1441a(b) (1991), the RTC as Receiver for Haven Savings and
Loan Assocation, F.A. succeeded to all right, title, and interest
in and to the assets, with full power to transfer and convey same.
Office of Thrift Supervision
Department of the Treasury
*
C2
m
I cerWy that annexed hereto are true copies of documents idon,
described below made from records of the 4�ice of Thr upery
Department of the Treasury, successor to the Fo f&hal Borne Loan Bank
the Records Branch,
_ Board. Said records ara in the official custody offices at
`' Information Services Division and are
"—' 1700 G Street, Northwest, Washington, District of Cobanbia.
en
W
ta.
.CN Copy at Order Number 90-434 executed by the MGM of
Thdit SuperviaiDA on March 1, 1990.Consisting of two page&. _
�D
I 1 yL
O Ys
WeAhWton, Dist" of C*610
offl" WE 22nd *7 Of Jannacy
Ralph B ZMaxveil
is o Chlief., SupeCvfaoCy Qewcds
Offfm of Thrftk Supervisiion CWrto
At t s • CS% GU
Holland b itnigbt. Y 33601 E. a ~
P. o. Box12aa. Tampa. n .2 % 9 3 - 361 ''
C
OFFICE OF THRIFT SUPERVISION
A ointment of Conservator for
Haven savings an
Loan Associations F.A.
winter maven, nortas
RECITALS
i
Order No. 90-134
Date c march 1, 1990
A. Haven federal Savings and Loan Association,
Winter Haven, Flocida ("Association"), is a CDN
fRderally-chartered savings associative, the accounts of z
which are insured by the federal Deposit Insurance ,�-
Corpocation. — +
8. The Director of the Office of Thrift Supervision
(*Director"), by Order No. 90� dated Naas! 11 1990 o!,
appointed the Resolution Trustocporation as ere ves, or
the Association,- and on application of the Resolution Trust
Corporation by Order No. 90-433 , dated ranch 1, p IUD..
authorized the incorporation of and the
ssuance -of a federal charter for Haven Savings and Loan
Association, F.A., Winter Haven, Florida ("New federal"!, a l
Federal savings association organized to take over the assets
and liabilities of the Association.
C. Pursuant to S 5(d)(2►(s M of the some Owners• Loan
Act of 1933, ("HOLA") as amended by 1 301 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
("EiRR¢A"), the Director may, without any requirement of
notice, hearing or other action, appoint a•conservator or
receiver for a Federal savings association if the
association, by resolution of its board of directors or of
its members, consents to such appointment.
D. Pursuant to S S(d)(2)(H) of the NOW►, as amended,
the Director, at the Director's discretion, may appoint the`._
Federal Deposit Insurance Corporation or the Resolution 'Crust
Corporation, as appropriate, as conservator for a savings
association.
E. The Resolution Trust Corporation, which organized New
Federal by application to the Director,'. pursuant to
3 11(d)(2)(f) tit of the Federal Deposit Insurance Act, as
amended by S 212 of FIRREA, exercises .the powers of the board
of directors of Now !ederal.
C
OPlICE Or IrT SUPEBVI8i0�1
R ��vofCComVm;�_;sevator for
lasor a
p nter 8aven N
order No. 90-4M
Page 2
l
ORDER
1. Effective upon receip
t of the
consent Of o eof its •v <v
ion
resolution of its board New Tederal� r^
federal, bj b cesolution of the o�sdicectorsroft CO
re � ion
members, or the pavers of a board Aesoluti)a Trust Corp.
exercising oints the Conservator"}, not far the
the Dicector he eblot Hf~pPevcsuantn to a�divisions (d) and (H!
as core of: torliquidation, 4 as .amended.
purpose of liquidation
of S 5(d)t21 of the HOLA.
e Resolution Trust Cotporstioa as Conservator` for
2 The the powers of s consecvatar:fo ded,
` ed under HOLA► as.
New Federal shall 9re as aaended. and .
Federal saving Deposit
Insurance Ae
the Federal
}rD ny a .
Dive or
slog1MbR1i, d1d1,;ej0a
CD
r+
0
2
Office of Thrift Supervision
Department of the Treasury
I cart t t annexed hereto are true copies of documents
described below made from records of the Office of Thrift Supervision,
Department of the Treasury, successor to the Federal Sorge Loan Bank
Board. Said records are in the of vial custody of the Records Branch,
Information Services Division and are maintained in iss of juices at
1700 G Street, Northwest, Washington, District of Columbia.
Copy of order NUMber 90-432 executed by the oEdM °t
Thrift Supervision on March 1, 1990,. consisting of two Pages -
Holland b Rnight. Attys-
p.0. Box 1288, Tampa, n 33601
glued in woaungtwh Djewd Of Cob"* awd
do Soso[ of d w Q1ha. a!/" SuPerv"M
q xo4 Ah 22nd &p of January • 1991.
Ralph B. axw4n
Chief, Supervisory Records
office of Thdit SnpWvkd0n
30 93— 361
. �G..... r . . ,.k�.t . u .. ... .. . _.. .. _ � .. � ...., _.0 •a � .. s...c f{ t krk.'.tFr!'l}r'�..
A
Orrlcs of TRRIFr SUVzRvtsION
ARPOintnent of Receiver
aven Fe erar
Savin s ana£oan Association
winter Haven, Fro —Fria —
RECITALS
o
Order No. 90-432 -,
Date: much 1. 1990 c7
A. Haven Federal Savings and Loan Association, .w-F
winter Haven, Florida ("Association"), is a > kd"I
federally -chattered savings association, the accounts of ;
which art insured by the Federal Deposit Insurance
Corporation.
B. Pursuant to S 5(d)(2)(H)(ti) of the HOLA, as ascended
by S 301 of FIRREA, the Director of the Office of Thrift
Supervision ("Director") shall appoint only the Federal
Deposit Insurance Corporation or the Resolution Trust
Corporation, as appropriate, as receiver for a savings
association for the purpose of liquidation or winding up the
affairs of such savings association.
ORDEit
1. The Director, upon consideration of the
administrative record, and for the rationale set forth in the
Legal Memorandum dated A 2d, 19W , and the
Executive Summary dated Marco 10 &M horeby•finds and ;
detecsiines that: (a) the Association is n a.. unsafe at
unsound condition to transact business, due to having
substantially insufficient capital in that the Association
has negative tangible capital; and (b)the Association has
incurred or is likely to incur losses that will deplete all
or substantially all of its capital and there is no
reasonable prospect for replenishment of the capital of the
Association without federal assistance, and that, therefore,
rr•�r�.s poi
• DEt?�.'1�Z�+l1
Q,
AWCCVIwo' NW0A �G►
� f
Omar*
c
A
Ocdet ob. 90•432
Page 2
OFFICE OP TBRIFT SOPERVISION
A ointment of Receiver
Saves MOO-
Savin s and Loan 1►ssociatios
ster Savers, or a
grounds for the appointment of a receiver foe the Association
exist under S S(d)(2)W ( iii) and (Vii) of KOLA, as amended.
2. The Director, upon consideration of the
admiistative thatntherAssociation dhas esuffered reby taepattern Ofr finds consistent
s
consistent
losses.
3. The Director hereby appoints the Resolution Trust
corporation as reu
of liquidation, prsuanteivorfto subdivisionsi(A)o(E)hasd (�)ose
tii)
of S S(d)(2) of KOLA, as amended. t A
�",�.a;cyx :,..,>�,., .kc, rtii:r�.i,r7`.�.:'ri��', N;+, ,s.<; �. .:-� .�.,},,,LL ..._• -Sf i + v�*�.
f.
:t
a ; of Thr ft Supembion
M
w : Drparanenc o(dw Treum
14750 N.L. Adana, GA 30309 • Tdghom (404)88 OM
9aq Pa Bat 105217, Ado= GA 30348.5217 • Ent (404) M4128
DaCember 7, 1990
Haven savings acid Lana
Association, F.A.
250 Second Street, A.N.
winter Raven, Florida 331Ba0
Ref �ointernt e! a{vim
Ladies and Qeatlemsa:
This is to notify you that the Director, office of
Thrift Supervision, by order Ito. 90- , dated Decaebes 7,
1990, appointed the Resolution Trustrporation as receiver
(•Receiver").tor Naves Savings and Loan Aaoaiation, l.A.,
winter Hawn, Florida (Association) and authorised the
r undersigned to deliver notice of such appointmant.
The Receiver is new taking possession of the Association ;
Pursuant to the terms of its appointment as set forth in i
order No. 90-2ml, a caooppyy of Vkich.is attached. in
connection wi a appointseat of the Receiver, ve
respectfully call your attention to section s(d)(4) of the
NOW Owners Loan Act of 1933, as amended by section 301 Of
the Financial Institutions Reform, Nscav"T, sAd RAforesuw*
Act of 1969 whicb establishes criminal penalties for refusal'
to comply with this Rsceiveres demand for ion of the
Property, business and assets of an ation in
receivership.
Please 000atmsign a Dopy of this letter and indicate
the time and date of your rsoa pt of the letter is the spats
provided below, and return such copy to M.
sincerely,
C&A-..A. al . sqW..yJ
carp .
Attacb»snt Designee, OR'a
Received by:
at s., E.S.T. on 1990,
93— 361
33
0
trtkr Yo. IZ62
tkvzmL STOCK SAVINGS AND LOAN ASSOCIATIOtc M"TEa
SECTION L. Coocate Title. The full corporate title of the
3ssociatior. is Barnett Federal -Savings and Loan Association, F.A.
SECTION 2. Office. The home office shall be located in
wint.er Haven, Flo-ri=4.
SECTION 3. Duration. The duration of the association is
perpetual.
Y
SECTION 6. Pu[��ase and Powers. The purpose of the association.
is to pursue any or-&Tl o the Iawful objectives of a federal
association chartered under section S of the !tome Owners' Loan: !let
and to exercise all of the express., implied, and incidental powers
c*nferced thereby and by all acts aseft atocy thereof and swpplesseatsl '
thereto, subject to the Constitution and laws of the United states as A
thay ors now in effect, or as they may hereafter be amended, and
subject to all lawful and applicable rules, tegulations, and orders
of the Office of Thrift Supervision (•OTS".J.
SECTION S. Ca ital stock. The total number of shares of all
:lasses of the cap'
stoc "which the association has the authority i
tc issue is 100. all of which shall be coumn stock of per value of
$1.00 per share.
SECTION 6. PCees: tive Rights. holders of the capital stock'of
ht Association s a not bi ent t14d to pceeslptive rights with
r:r.;m ct to any shares of the association, which say be issued. ,j
SECTION 7. Directors. The association shall be under the i
•::ry:tion of a boo--FrR UC*CtO[s. The sathot.ised number of
li rectars, as stated in the associations bylaws, shall not be -_ewer
t!)an seven nor more than fifteen except when a y:eates number is
approved by OTS.
Attest: 9y:
secretary of Me rCesidin t l erai;""'-'-'�'
Association txecutive Officer of
the Association
Office of Thrift Supervision
yyt.ed.., uacesiber 7,4 1990
xSecut i vas stc: et y to i?T a a t'. 'floc er
Depatt Ditoctor for
• Misltiuytou Op�tationa
0
93- 361
3 r}
OFrICs Or THRIFT SUPBRvistON
APPROVAL Or NEW FEDERAL. Gu XTZR,
PURCRASE AND ASSUMPTION AND ACQUISITION
Order No. 90-3015
Dates Decowtior 7. 1990
Barnett Banks, Inc:, Jacsonvillt, Florida ("ACQUIROR"), a bank
holding company within the meaning of the Bank Molding Company Act,
i!as applied to the Office of Thrift Supervision ("OrricT") (1),w
charter a new federal stock savings association, lesrnett Federal
Savings and Loan Association, F.A. ("NEW TIIRITT'), to appsova the
charter of MEN THRIFT. and to approve the maintenance of the bow and
branch offices of haven Savings and Loma Association, r.A., Winter
Haven, rlorido ("OLD THRIFT") as the hose and branch offices of Nlli
TnRlrTi (Z) to acquire control of NEW THRIFT; (3) for NtW TIMM to
purchase the assets and assume the liabilities of OLD TIMIFT`
specified in the bid approved by the Resolution Trust Corporation
"RICO) under Sections 13(c), (k) of the rederal Deposit Insurance
act i"FOIA"); and (a) tot HZW THRIFT to be dissolved by transferring
its assets and liabilities to the ACQUIRORIS subsidiary, Oarnott sank
of Polk County, Lakeland, Florida ("sank") pursuant to a purchase of
assets and assumption cf liabilities'at NEW THRIFT, (Collectively,
all of the foregoing are referred to as the "AttLiCATIONS").
OLD THRrrT has been declared insolvent and the RTC was appointed -
r^-e&vtr for OLD THRIFT. The RTC solicited otters for the
a—vuisition of certain assets and liabilities of OLD THRIFT frost,
.luslified bidders an$ has selected ACQUIROR'S bid. The RTC has
rgjommendtd expeditious action an these APPLICATIONS in order to
permit a timely and lower cost resolution of the tinaacial.probiess
:f OLD THRIFT and in order to permit a continuation of service to the
OLD Tnairv$ depositors.
The Orr=CL has considered the factors sot forth in sections
the Nome v`wners' Loan Act 0ROLA") and in 12 C.P.R. SS$2.2-3 with
rivard to gtanting a new federal charter tot NtW THRIFT and ttt form.
of chatter submitted in the APPLICATIONS, the factors _set fosth`In
svition 10(et of the IKOLA with respect to acquisition o! control of
tfew ruMirT. the fartorsjset forth in Section "id(e) of the tsderal'
Deposit Insurance Act 1"rDIA") with respect to the `acquisition 'of
certain assets and liabilities of OLD THRIFT by VZO TARirT'and 'the
jictots set forte: in 12 G.F.R. fS/6.4 with regard to approving the
i:savl:ution :f NEW THRIFT. The OrF1C9 also has Considored momatands
from the local Regional Office. Corporate Aetivities
Division/supervisiur: and the Corporate and securities Division/chief
--eurrsel's Office, with respect to the APPLICATIONS.
3s00 93 36
r
Aiiiil
:i3:4
Sre'4�k'7i14,.��:)'l::r'?4.5.43,t'Sl.F. ,.i l?a 4^..dw u:' ., ki Y;,.. e •'.• i.:„
M
0
2
Order No. 90-301S
The facts of record, including the bid proposal made by the
,.CoU2Roa and accepted by the RTC, are consistent with appceval of the
APPLICATIONS under the respective standards of the 10ce90in9 statutes
*and regulations of the OFFICE thereunder. Accordingly, based on the
foragoing, the orrlCE has determined that the APPLICATIONS should be
and hereby ate approved Reovided that the ACQUIROR pays all required
application fees to the r� before consummation of the proposed
transaction. Upon the consummation of the transfer of the assets and
liabilities of NEW MITT to the bank the chaster of NtN TRUTT will
be deemed canceled and must be promptly returned to the Off1C9.
The RTC has informed the orrict that expeditious action on
ACQUIROR-3 APPLICATIONS is necessary in order to permit the ACQ1'"A
to acquire certain assets and liabilities of OLD MITT and continue
to serve the OLD THRIFT'S community and customers- In light of these
and all the facts of record in this case, the OFrlCa has determined
that expeditious action on the APPLICATIONS is necessary.
Accordingly, the ACQUIROR nay immediately acquire the assets and
liabilitiet of OLD THRIFT specified in the ACQUIRORIS bid to the RTC,
provided that the transactions specified in the APPLiCATi0148 are
consummated within 30 days of the effective date of this Order.
Foc the fece90ing reasons. the 0lFICg has determined that.
pursuant to 12 C.r.R. if 543.2(h), 5S2.2-3. 563.22 and 574.6(91.
public notice of the APPLICATIONS shall not be required. In
addition. pursuant to Section 18(e)(3),(4),(6).of the TO U. the
orricz finds that it must act immediately in order to prevent the
probable default of OLD THRIFT; accordingly, the publication of
notice required by Section 1e(c)(3), the reports required by Section
le(c)(<d of the rot^ an the competitive factors of the acquisition,
and the 36 day delay of consummation required by Section 18!c:(6),
shall be dispensed with.
This action is limited to approval of thi( transaction accocdinq
t,: the terms and conditions of ACQUIROROS APPLICATIONS as presented
to the OFFICE. This approval is subject to Nazi TRRIFT obtaining,
insurance of recounts by the Savings Association insurance rund..it
required by the Federal Deposit Tasuranee Corporation, and upon east
IMAZr not openiags for business. in addition to such orhst persons
with appropriate delegated authority. the Senior Associate Chief
_•insel;nicector. Corporate and securities Division, or his designee
are authorized to execute the federal chartor of KIN TRUITT and
authorised to stake any ;squired technical chances to this Order or to
any documents issued under the authority of this Order. hay time
period specified in this Order may be extended by the Fegionel
Director for good cause shown by the Acquiror.
6y order of the Director of the Office of Thrift Supervision. *r
his designee, effective DocembIte ? 1990.
orrice or THRtrT surtawstow
Roolacesent of Conservator
with a Receiver
Dates December 7, 1990
Order NO-3 90-3010 ,
i
The Director of the Office of Thrift Supervision ("OTS"), or
his or her designee, in cooperation with the rederal Deposit
insurance Corporation ("rmcm) and the Resolution Trust,
Corporation ("RTC•), has determined to replace the RTC as
Conservator for the savings association sipecified below
("Association") with the RTC as Receiver for the Association for
the purpose of liquidation, pursuant to subdivision M of Section
5(d)(2) of the KOLA, as amended, affective upon the surrender of
possession of the Association by the Conservator to the Receiver.
"ASSOCIATION,' refers to:
Name Location Docket No.
Haven Savings an6 Loan Minter Haven, rlorido 8763
Association, r.A.
I. GROUNDS rOR ACTIONS I&= IN IRIS ORDIMS
UCSIVUBN?)t:
c s rope A mil' or R?C As
RWKIVM FM PaiREZATIM
The Director, or his or her designee., upon -consideration of
the administrative record, and fcc the rationols set forth in the
supporting legal and supervisory memoranda contained in the
administrative record from various offices within the Office of
Thrift supervision (•OTS") finds and determine$. that;
The RTC, pursuant to standardised ease resolution procedures
established with OTS, has indicated that, it will, In the exercise
of its authority as,conservator of the ASSOCIATION to act as the
r)ard oaf directors of ASSOCIATION, consent to OTS appointing the
:ETC as receiver for the ASSOCIATION.
The Director, or his or her designee. therefor* detecaines that
;rounds for the appointment of a receiver for the ASSOCIATION
exist under nection 5(d)(21 of the Herne Owners' Loan Act, as
♦vended ("KOLA").
37
a
93- 361
11. ACTIONS ORDERED OR AlPROM
` "POINTRUT Or A RtCSIVXR
The uirector, or his or her designee, hereby appoints the
Resolution Trust Corporation as Receiver for the ASSOCIATION, for
the purpose of liquidation, pursuant to Section 5(d)(2) of NOLA
and section 21(c)(6)(5) of the rDIA, effective upon receipt of the..,:.
:onsent of ASSOCIATION to such appoints►ent, by resolution of its
board of directors or of its members, or by resolution of its
board of directors issued by the RTC in exercise of its power, as
conservator to act as the board of directors of the
ASSOCIATION.
OELYCATION Or mnsonyy TO ACT roR OTS
The Director, or his cc her designee, hereby authorises the
Regional or District Director, at his or her designee(*), and the
senior Associate Chief Counsel for the Corporate and Securities
uivfsion of thv Chief Counsel's Office, or his or her desionse(s),
to: (1) certify orders) (2) sign@ execute, attest or certify other
documents of the OTS issued or authorized by this order; (3)
deliver oc accept delivery of any notice from or to the OTS
regarding the ASSOCIATION and (s) pertoca other tunctions of the
secretariat to the OTS necessary or appropeate for the
implementation of such Orders. All documents to.be issued under
the authority of this Order oust be first approved, in 94tai and,
content, by the Chief Counsel's office. in addition, the
Director, or his or.her designee, hereby authorizes the Senior
Associate Chief Counsel for the Corporate and Securities Division,
or his *r her, designee, to sake any subsequent techn:esl -
corrections, that might be necessary, to this order, or any
documents issued under the authority of this Order.
syy Ordec of the Director of Oss, or his or her designee,
effective Decembes 7 1990.
3S 937
361
}
h CITY OF MIAMI, FLORIDACA 1
,
INTEROFFICE MEMORANDUM
To Honorable Mayor and Members DATE JUN 16 19w FILE
of the City Commission
DANIA SUBDIVISION Resolution
SUBJECT : Accepting Proposed Record Plat
Located at S.W. 27 Avenue and
0ag
SouthDixie Highway
FROM . REFERENCESCesio
Citr "'� ENCLOSURES
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt a
resolution accepting the plat entitled Dania Subdivision 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 Dania Subdivision is a replat
of Tract A, Rebozo Subdivision, Plat Book 63, Page 53; and Lot 1,
Les Subdivision, Plat Book 61, Page 56; and a portion of Lots 1
through 15, Block 1, and a portion of Lots 1 and 2, Block 2, Pine
Terrace, Plat Book 3, Page 51; and a portion of the Southeast 1I4
of Section 16, Township 54 South, Range 41 East, City of Miami,
Dade County, Florida, being more particularly described as
follows: See the attached for complete legal description. The
area platted consists of three lots containing a total area of
147,397.0+ square feet. It is zoned SD--11.
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
- 1.
93- 361
r � r
r
L�A J