HomeMy WebLinkAboutR-93-0620J-93-709
9/27/93
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RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, RELEASING
LATIN STARS, INC. OF ALL THE OBLIGATIONS
CONTAINED IN THE COVENANT TO RUN WITH THE
LAND DATED MAY 1, 1989, AND RECORDED IN
PUBLIC RECORDS BOOK 14089 ON PAGE 1623 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
INSTRUCTING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE A RELEASE OF COVENANT, IN
SUBSTANTIALLY THE ATTACHED FORM, TO
EFFECTUATE SAID PURPOSE.
WHEREAS, in consideration of the City of Miami's
authorization to install certain non-standard improvements
consisting of decorative plaques in the sidewalk area along
Southwest 8th Street between Southwest 12th Avenue and Southwest
17th Avenue in the City of Miami, Florida, Latin Stars, Inc.
entered into a covenant dated May 1, 1989, whereby it agreed to
maintain said plaques and to indemnify and hold the City of Miami
harmless from any liability which may arise out of the
construction, maintenance, or removal of said plaques; and
WHEREAS, pursuant to Resolution No. 89-708, adopted
July 27, 1989, the Miami City Commission approved, in principle,
the concept of inlaying plaques in the sidewalk on Southwest 8th
Street between Southwest 12th Avenue and Southwest 17th Avenue in
the City of Miami, Florida, to honor international artists,
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Rosolution No.
sports figures and outstanding individuals on the Latin community
and instructed the administration to work with Latin Stars, Inc.
to prepare a plan for the project and present it to the City
Commission with a recommendation regarding said plan; and
WHEREAS, pursuant to Resolution No. 90-523, adopted
July 12, 1990, the Miami City Commission approved -the
implementation, in a form acceptable to the City Attorney, of the
aforementioned plan, subject to the condition that there be
compliance with all "Latin Stars" nominees by the City Commission
prior to the issuance of plaque permits by the City; and
WHEREAS, Latin Stars, Inc., having been granted the right
and license to inlay the aforementioned plaques, continually
violated the spirit, intent and direction of Resolution
No. 90-523 by applying for plaque permits and by holding
ceremonies for "Latin Stars" nominees which had not received
prior approval by the City Commission; and
WHEREAS, pursuant to Resolution No. 92-184, adopted
March 12, 1992, the Miami City Commission rescinded Resolution
No. 90-523, thereby terminating the right and license granted to
Latin Stars, Inc. to inlay and maintain the aforementioned
plaques; and
WHEREAS, the Corporate entity known as Latin Stars, Inc.
failed to renew its registration with the State of Florida and as
of August 13, 1993, has the status of a dissolved corporation
under the laws of the State of Florida; and
WHEREAS, the dissolution of Latin Stars, Inc. renders it
unable to comply with its obligations contained in the covenant;
and
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WHEREAS, the Miami City Commission finds it is in the best
interest of the City of Miami and its residents to release Latin
Stars, Inc. of all the obligations contained in the
aforementioned covenant and to instruct the Director of Public
Works to execute a release of covenant to effectuate said
purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Latin Stars, Inc. is hereby released of all
the obligations contained in the covenant to run with the land
dated May 1, 1989 and recorded in Public Records Book 14089 on
page 1623 of the Public Records of Dade County, Florida.
Section 3. The Dir.eotor of Public Works is hereby
instructed to execute a release of covenant, in substantially the
attached form, to effectuate the above stated purpose.
Section 4. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 27th day of September, 1993.
XAVIER L. S REZ, Mi<YOR
MATTY HIRAI, CITY CLERK
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93` 6120
RELEASE OF COVENANT TO RUN WITH THE LAND
WHEREAS, in consideration of the City of Miami's
authorization to install certain non-standard improvements,
consisting of decorative plaques in the sidewalk area along
Southwest 8th Street between Southwest 12th Avenue and Southwest
17th Avenue in the City of Miami, Florida, Latin Stars, Inc.
entered into a Covenant to Run With the Land whereby it agreed to
maintain said plaques and to indemnify and hold the City harmless
of any liability arising out of the construction, maintenance or
removal of said plaques; and
WHEREAS, said covenant was entered into on May 1, 1989 and
was duly recorded in Official Record Book 14089 at page 1623 of
the Public Records of Dade County, Florida;
NOW, THEREFORE, in consideration of the fact that all the
conditions of the aforesaid Covenant have been met or have been
rendered unable to be met, and there being no further reason for
its existence, the City of Miami hereby and herewith releases,
relinquishes, and forever discharges Latin Stars, Inc. of and
from any lien, encumbrance, effect or requirement of the
aforesaid Covenant to Run With the Land on the following
described address:
THE PUBLIC RIGHT OF WAY of Southwest 8th Street
between Southwest 12th Avenue and Southwest 17th Avenue,
in the City of Miami, Florida,
and hereby directs the Clerk of the Circuit Court to cancel
the same of record.
IN WITNESS WHEREOF, the CITY OF MIAMI, a Municipal
Corporation of the State of Florida, in the County of Dade, has
caused this instrument to be executed and signed in its name by
its Director of Public Works, thereunto duly authorized this
day of , 1993
93- 010
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Signed, Sealed and Delivered
in the presence of
CITY OF MIAMI
By:
Waldemar E. Lee
Director
Public Works Dept.
1st Witness to Signature
Print Name
Print Address
City, State and Zip Code
Second Witness to Signature
Print Name
Print Address
City, State and Zip Code
STATE OF FLORIDA)
)SS:
COUNTY OF DADE )
The foregoing instrument was
acknowledged before me this
day of , 1993
by WALDEMAR E. LEE, Director
of the Public Works Department of
the City of Miami, a municipal
corporation of the State of Florida,
in the County of Dade, on
behalf of the City of Miami. He
is personally known to me and
did not take an oath.
My Commission Expires
Notary Public, State
of Florida at Large
APPROVED AS TO FORM AND
THIS INSTRUMENT
CORRECTNESS:
PREPARED BY THE
DEPARTMENT OF PUBLIC
WORKS, CITY OF MIAMI,
A. QUINN JONES, III
FLORIDA
CITY ATTORNEY
93- 620