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HomeMy WebLinkAboutR-90-082610/17/90 J-90-882 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE PLAT ENTITLED "CHINATOWN", 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 "CHINATOWN" is a resubdivision of all of Lots 3 and 13, Lots 4, 5, 8, 9, and 14, less the West 40 feet thereof, and the 10 foot alley lying North of and adjacent to said Lot 5, and the 10 foot alley lying South of and adjacent to said Lot 9, Block 6, "Miramar", (also known as "Third Amended Map of Miramar"), (5-4), lying in Section 31, Township 53 South, Range 42 East, City of Miami, Dade County, Florida, which plat by reference is made a part hereof as if fully incorporated herein, and, subject to all of the conditions required by the Plat and Street Committee as set forth as Exhibit "A" attached hereto is hereby accepted. The dedications shown on the plat together with the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, are 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. ATTACHMENTS +CONTAINED CITY COMMISSION V=ING OF ucr zs two WEsa.unop a 9 0 — 8 2 0I t- PASSED AND ADOPTED THIS 25th day of October , 90. 3 XAVIER L. SUARE , MAY R i ATTE s MAT HIRAI, CITY CLERK PREPARED AND APPRM OVED BY: g� I. M RIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVFD AS TO FORM AND CORRECTNESS: A /1 M I .JC(RGE'yL:—F-npANDEZ CITY ATTORNE GMM:ra: - 2 - 90- 826 lemlhl Jor (tilt 111S A PRIETO-PORTAR, PH.D., P.E. Director Of,CQ, F 4p~` May 4, 1990 Miami Chinese Community Center, Ltd. 1823 Biscayne Boulevard, *14 Miami, Florida 33132 �� Gentlemen: CHINATOWN - TENTATIVE PLAT *1380 CESAR H. 0010 City Manager The City of Miami Plat and Street Committee, at Its meeting of May 4, 1990, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional Information bel g`provided and/or variances being granted. Please be advised at the processing of your tentative plat cannot proceed u I these conditions have been satisfied. - Dedicate corner radll (28') at N.E. 18th and 19th Streets and remove building and fence encroachments within these areas. - Show all underground utilities within adjacent streets and alleys. - indicate existing zoning of site and adjacent subdivisions in location sketch. - Provide Section, Township and Range Information In the title block. - Indicate the distance along the Biscayne Boulevard monument line between N.E. 18th and 19th Streets. - Show plat book and page of adjoining subdivisions on main sketch. - Sewer main extension required. Contact Mlaml-Dade WASAD. In addition to the above requirements, you should be aware of the following: State and local laws require the Installation of various physical Improvements In the public rights -of -way when property Is platted. These subdivision Improvements Include paving, drainage, landscaping, sidewalks, etc. in some cases this could represent a substantial Investment on your part. Pape i of 2 90-r 826 DEPARTMENT OF PUBLIC WORKS/275-N.1N. 2nd Stneet/Mlami, Florida 33125/(305) 57S4M i w Vol Ocw Miami Chinese Community Center, Ltd. May 4, 1990 Chinatown 2. The alteration, relocation or Installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be Issued on the property being platted until the final plat is recorded. Also, the Certificate of occupancy for any building construction will be Issued only after all the required subdivision Improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire, Rescue and Inspection Services Department prior to the Issuance of a building permit. 5. Additional Items must be provided to the City of Miami Department of Public Works before the final plat Is submitted to the City Commission for approval. You will be notified In writing as to what these Items are after the amount of the bond has been determined for the necessary subdivision Improvements. 6. Tentative plat approval Is only valid for one (1) year from the date of the Plat and Street Committee Meeting at which time It was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, ;ames J. ay, P Chairman, Plat Street Committee JJK:gc Enclosure: Contact Sheet CC: Mr. Donald P. Ramsay & Associates, Inc. Plat and Street Committee Members File bc: Highways Surveys Central Page 2 of 2 90_. 826 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS September 21, 1991) i REPORT OF PROPOSED RECORD PLAT OF "CHINATOWN" LOCATED AT j BISCAYNE BLVD. BETWEEN N.E. 18 ST. AND N.E. 19 ST. A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled "CHINATOWN" was prepared by Donald P. Ramsay & Associates, Inc. It is in correct form for is submission to the City Commission and is forwarded with a i i recommendation that it be approved. s. PERTINENT INFORMATION REGARDING THE PLAT: i� 1. The property platted is a resubdivision of all of Lots 3 and 1' i 13, Lots 4, 5, 8, 9, and 14, less the West 40 feet thereof, and the 10 foot alley lying North of and adjacent to said Lot 5, and the 10 foot alley lying South of and adjacent to said Lot 9, Block 6, "Miramar", (also known as "Third Amended Map of Miramar"), (5-4),. lying in Section 31, Township 53 South, Range 42 East, City of Miami, Dade County, Florida. The area t platted consists of One (1) tract containing 0.58= of an acre. It is zoned CR-3/7. 2. The location of the streets and the widths conform with the jstandards of the Department of Public Works of the City of Miami, Florida. 3. As certified to by Samuel M. Fischbein, Registered Land Surveyor, this Plat complies with the plat filing laws of the State of Florida. 4. The City Zoning Board of Miami, Florida, after Public Hearing, has recommended the closing of those two East-West alleys lying within the Westerly half of the block bounded by Northeast 18th and 19th Streets and Biscayne Blvd. and N.E. 4 Ave. This action was confirmed by City Commission Resolution No. 90-639. 90-- 826 5. The Certificate of. Title Examination dated August 31, 1990, signed by Beatriz M. Capote, Attorney, indicates that the fee simple title to the property platted is correctly vested in Miami Chinese Community Center., Ltd., a Florida Limited Partnership, and the Plat has been correctly executed. 6. The area platted is encumbered by mortgages and the mortgage holders have executed the Plat and joined in its dedications. 7. In accordance with the requirements of Chapter 54, of The Code of The City of Miami, Florida, a Letter of Credit #001156-700- 000142 in the amount of $14,750 has been executed by Miami Chinese Community Center, Ltd., Principal, and Citibank. 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 concrete curb and gutter, new asphaltic concrete pavement and the removal of existing sidewalk and curb and gutter at the property platted. 8. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. REB:vh ROBERT E. BARBANERA CITY SURVEYOR - 2 - 3126R METROPOLITAN DADE COUNTY - PUBLIC WORKS ENGINEERING - SUBDIVISION CONTROL OPINION OF TITLE TO: CITY OF MIAMI and DADE COUNTY, a political subdivision of the State of Florida. With the understanding that this opinion of title is furnished to the CITY OF MIAMI and to DADE COUNTY, FLORIDA, in compliance with its Ordinance No. 57-30, 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 August 31, A.D. 1990, at 2:30 A.M., inclusive, of the following described real property: All of Lots 3 and 13, Lots 4, 5, 8, 9 and 14, less the West 40.00 feet thereof, and the 10.00 feet alley lying North of and adjacent to said Lot 5, and the 10.00 feet alley lying South of and adjacent to said Lot 9, Block 6, "MIRAMAR" (also known as "THIRD AMENDED MAP OF MIRAMAR"), according to the Plat thereof, as recorded in Plat Book 5, at Page 4, 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: MIAMI CHINESE COMMUNITY CENTER, LTD., A FIARIDA LIMITED PARTNERSHIP Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS As to all of the property: 1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 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. 90- 826 SPECIAL EXCEPTIONS 1. Conditions, covenants, limitations, easements and reservations, contained in Plat of THIRD AMENDED PLAT OF MIRAMAR, as recorded in Plat Book 5, Page 4, of the Public Records of Dade County, Florida. 2. Dedication dated January 25, 1917, filed March 30, 1917, in Official Records Book 162, Page 414, of the Public Records of Dade County, Florida. 3. Dedication dated March 31, 1917, filed April 19, 1917, in Official Records Book 163, Page 473, of the Public Records of Dade County, Florida. 4. Resolution No. R-729-86 passed by the Board of County Commissioners of Dade County, on June 17, 1986, entitled "Resolution Adopting The Method Set Forth In Section 197.363, Florida Statutes, For Collecting The Special Assessments To Be Levied In The Special Assessment Project Area Known As The Extension Of The Downtown Component Of Metrorail (DCM) Project, If And When Such A Project Area is Created By County Ordinance, So As To Enable Such Special Assessments to Be Collected As Though They Were Ad Valorem Taxes" filed June 17, 1986, in Official Records Book 12923, Page 2618, of the Public Records of Dade County, Florida. As to Lots 5 and 8: 5. Covenant running with the land, dated and filed October 8, 1980 in Official records Book 10893, at Page 2186, and rerecorded on October 9, 1980, in Official Records Book 10894, Page 766, of the Public Records of Dade County, Florida. As to Lots 3, 4, 5, 8 and 9 and the 10.00 feet alley lying North of and adjacent to Lot 5: 6. Mortgage and Security Agreement dated March 10, 1983, given by Louis LaFontisee, as Trustee to Consolidated Bank, N.A. filed March 14, 1983, in Official Records Book 11724, Page 1472, of the Public Records of Dade County, Florida, as modified by First Modification of Note and Mortgage dated June 27, 1983, and as modified by Second Modification of Note and Mortgage dated August 30, 1985, and as modified by Third Modification of Note and Mortgage dated May 29, 1986, which mortgage is subject to that certain Assumption Agreement dated November 10, 1988, filed November 13, 1988, in Official Records Book 13892, Page 677, of said Public Records, under which the said mortgage was assumed by Miami Chinese Community Center, Ltd., a Florida limited partnership. 7. Financing Statement UCC-1 executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A., filed March 14, 1983, in Official Records Book 11724, Page 1488, of the Public Records of Dade County, Florida. 8. Collateral Assignment of Leases and Rents executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A. filed March 14, 1983, in Official Records Book 11724, Page 1491, of Public Records of Dade County. 9. Mortgage given by Miami Chinese Community Center, Ltd., a Florida limited partnership, to Louis LaFontisee, as trustee, filed November 14, 1988 in Official Records Book 13892, Page 689, of the Public Records of Dade County, Florida, securing the original principal amount of $527,500.00, which mortgage was collaterally assigned by the owner and holder thereto to Consolidated Bank, N.A., pursuant to that certain Collateral Assignment dated November 10, 1988, filed November 14, 1988, in Official Records Book 13892, Page 694, of the Public Records of Dade County, Florida. 10. UCC-1 Financing Statement executed by Louis LaFontisee, as Trustee, in favor of Consolidated Bank, N.A., filed November 14, 1988, in Official Records Book 13892, Page 697, of the Public Records of Dade County, Florida. 2 90--- 826 U .j SPECIAL EXCEPTIONS (Cont'd) 11. UCC-1 Financing Statement executed by Miami Chinese Community Center, Ltd., a Florida limited partnership, in favor of Consolidated Bank, N.A., filed November 14, 1988, and recorded in Official Records Book 13892, Page 684, of the Public Records of Dade County, Florida. As to Lots 13 and 14: 12. Mortgage from Miami Chinese Community Center, Ltd., in favor of Citicorp Savings of Florida, dated November 9, 1988, recorded November 10, 1988, under Clerk's File No. 88R-407319, in Official Records Book 13888, at Page 1831, securing an indebtedness in the sum of $263,500.00, together with an Assignment of Leases and Rents, filed in Official Records Book 13892, at Page 38, and UCC-1 Financing Statement filed in Official Records Book 13892, at Page 42, of the Public Records of Dade County, Florida. NOTE: AS TO THE 10.00 FEET ALLEY LYING SOUTH AND ADJACENT TO LOT 9 AND THE 10.00 FEET ALLEY LYING NORTH OF AND ADJACENT TO LOT 5, MIAMI CHINESE COMMUNITY CENTER, LTD.'S OWNERSHIP IS SUBJECT TO THE FINALIZATION OF A PENDING PETITION TO VACATE, ABANDON AND CLOSE SAID ALLEYWAYS FILED WITH THE CITY OF MIAMI. Therefore it is our opinion that the following parties must join in the platting of the above described real property in order to grant the CITY OF MIAMI and DADE COUNTY, FLORIDA, and the public, a good and proper title to the dedicated areas shown on the final Plat of the aforedescribed property, the subdivision thereof to be known as CHINATOWN. SPECIAL EXCEPTION NAME INTEREST NUMBER 1. MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership Owner 2. LOUIS LaFONTISSE, as Trustee Mortgagee 9,10 3. CONSOLIDATED BANK, N.A. Mortgagee 6,7,8,9,10,11 4. CITICORP SAVINGS OF FLORIDA Mortgagee 12 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 3/ day of August, 1990. LEVINE, GEIG7R, KU EI1� FRE_ P.A. By:—, r. B RIZ CA E For. the O m 1110 Brickell Avenue 7th Floor Miami, Florida 3313 90- 826 AGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-30 AND CHAPTER 54.5 THE CODE OF THE CITY OF MIAMI, FLORIDA WHEREAS, MIAMI CHINESE COMMUNITY CENTER LTD. (hereinafter referred to as the "Owner"), concurrently with the delivery of this Agreement, has applied to THE CITY OF MIAMI, FLORIDA, (hereinafter referred to as the "City"), for the acceptance and confirmation by the Commission of said City, of a certain proposed plat of a subdivision to be known as CHINATOWN a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54-30 and Chapter 54.5, THE CODE OF THE CITY OF MIAMI, FLORIDA, requires that any proposed plat, submitted to said Commission for acceptance and confirmation shall be accompanied by an Agreement entered into by the Owner of the land being platted, with the Director of the Department of Public Works on behalf of said City, for the construction of certain improvements therein enumerated, the performance of which.Agreement shall be secured by a good and sufficient Performance Bond, Letter of Credit or Cashier's Check; NOW, THEREFORE, the Owner hereby covenants and agrees with said City as follows: 1. Within one (1) year from the effective date of the acceptance and confirmation of said plat by the Commission of said City, or prior to the issuance by the City of.Miami of a Certificate of Occupancy for the premises, the Owner will construct, or cause to have constructed, at his own expense and in accordance with standard specifications of said City, all improvements as are listed and described upon the estimate of cost of said improvements, a copy whereof is attached hereto as Exhibit "B" and made a part hereof. Although one year is allowed for'the completion of the aforementioned improvements, it is Form PW #178 Rev 7/86 90 - 826 T Z not in the public interest that such construction work should be prolonged to the extent that it would have a disorganizing effect upon the neighborhood. After the work is started, the Owner hereby agrees to prosecute said work progressively so as to complete it in a 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 MIAMI, FLORIDA, the Owner herewith tenders to the City a Letter of Credit duly executed by the (Bank) CITIBANK , in the amount of $ 14,750 , which amount is not less than one hundred (100%) percent of the estimated cost of the construction of the improvements listed in the attached Exhibit "B", plus twenty-six (26%) percent for engineering and contingent costs and damages, and upon completion of the construction of said improvements and subsequent to the submission by the Owner to The City of Miami Department of Public 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. 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) CITIBANK shall, within thirty (30) days after receipt of written notice from the Director of the Department of Public Works of said City of the failure or of the neglect of the Owner to perform this Agreement, construct, or cause to be constructed, the improvements set forth in Exhibit "B" hereof, pay to the City a sum up to the aggregate amount of $ 14750 4. The City shall have the right to collect the sum estimated to construct or complete the improvements set forth in Exhibit "B", said sum to be estimated by the Department of Public Works of the City, which shall include engineering and contingent costs and any damages direct or indirect, not to exceed twenty-six (26%) thereof, plus reasonable attorneys' fees which the City may sustain on account of the failure of the Owner to carry out and execute the provisions of this • Agreement; provided further that the City Commission of Miami, Florida, shall have the right to construct, or cause to be constructed, after 90� 826 0 public advertisement and receipt of bids, the improvements as provided for in said Agreement, and in the event that the City Commission of Miami, Florida exercises such right, it shall have the right to collect the final total costs of said improvements, together with any engineering and contingent costs, and any damages direct or indirect, not to exceed twenty-six (26%) percent thereof, plus reasonable attorneys' fees, which the City may sustain on account of the failure of the Owner to carry out and execute the provisions of this Agreement. Said Letter of Credit is attached hereto as Exhibit "C" and made a part hereof by reference. 90-- 826 IN IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in triplicate this A. D. , 19 90 Signed, Sealed and Delivered in the Presence of: 13th day of September , Owner: r(S L) SEA ) (S AL) ( EAL) SEAL) ' (SEAL) MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership ATT By:MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation -General Partner S16cretary Pi, ncipa(Corporation) (Corporate Seal) P es t ATTEST: ecreta �Corporateal) / Approved and accepted on behalf of the City of Miami, Florida, this /9 day of D. , 1%&2 WITNESSES. Forth D61 #118 Aev 8/ 77 By ctor, Department of Public Works 90-- 826 Ilk CORPORATION FORM IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its proper officers, and its corporate seal to be affixed hereto and attested to by its Secretary the day and year first above set forth. Signed, Sealed and Delivered V. MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership By:MIAMI HINATOWN DEVELOPMENT CORP., a Florid corporation -General Partner President Q— rporation) CORPORATE SEAL STATE OF FLORIDA) COUNTY OF DADE; ) I HEREBY CERTIFY that on this /3 day of A.D., 19 q6 , before me personally appeared ZSAA-C Sfjf/ "121.e�,` /11 tRM/ CP1 N o4f7b KJAl dev&('�pM EW7 Cd/-/9 - Af4� M►2S , S(7" 114114 45 �XT41911- a corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Miami, County of Dade, and State of Florida, the day and year last aforesaid. WILFREDO it CONTRERAS Mv Comm. May 10, 1992 Y F APPROVED: DI C,T OF PUBLIC WORKS L-(/,-; NOTARY PUBLIC STATE OF FLORIDA AT LARGE This Instrument Prepared by Department of Law City of Miami, Florida 90-- 8` 6 c "0 EXHIBIT "B" To ACCOMPANY THE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA and MIAMI CHINESE COMMUNITY CENTER, LTD. FOR IMPROVEMENTS AT "CHINATOWN" LOCATED ON BISCAYNE BLVD. BETWEEN N.E. 18 ST. AND N.E. 19 ST. NEW ASPHALTIC CONCRETE PAVEMENT $ 2,150.00 Approximately 106 Square Yards REMOVAL OF EXISTING SIDEWALK $ 750.00 Approximately 750 Square Feet REMOVAL OF EXISTING CURB AND GUTTER $ 1,200.00 Approximately 475 Lineal Feet NEW CONCRETE SIDEWALK $ 2,600.00 Approximately 750 Square Feet NEW CONCRETE CURB AND GUTTER $ 4,750.00 Approximately 475 Lineal Feet ESTIMATED COST OF IMPROVEMENTS $ 11,450.00 (10%) CONTINGENT $ 1,145.00 (17%) ENGINEERING AND INDIRECT COSTS $ 2,141.15 TOTAL $ 14,736.15 AMOUNT OF LETTER OF CREDIT $ 14,750.00 50-- 826 i CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA=2 TO Honorable Mayor and Members DATE OCT 1 I 1990 FILE of the City Commission SUBJECT CHINATOWN SUBDIVISION Resolution Accepting Proposed Record Plat :. Located on Biscayne Blvd. FROM Cesar H. Odi REFERENCES between N.E. 18 St. and City Manager N.E. 19 St. ENCLOSURES RECOMMENDATION: It is respectfully recommended that the City Commission adopt a resolution accepting the plat "Chinatown", 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 "Chinatown" is a resubdivision of all of Lots 3 and 13, Lots 4, 5, 8, 9, and 14, less. Zhe West 40 feet thereof, and the 10 foot alley lying North of and adjacent to said Lot 5, and the 10 foot alley lying South of and adjacent to said Lot 9, Block 6, "Miramar", (also known as "Third Amended Map of Miramar"), (5-4), lying in Section 31, Township 53 South, Range 42 East, City of Miami, Dade County, Florida. The area platted consists of One (1) tract containing 0.58± of an acre. It is zoned CR-3/7. 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 n 90-- 826 CAS I CITY OF NAHA%11, F I,OPIDA INTER -OFFICE MEMORANDUM } THE HONORABLE VICTOR DE YURRE Commissioner CRONIA MqTY HIR/1 � 7 1 AI City Clerk October 26, 1990 5U16JECT Memorandum__ of __Votinp, Conflict-- -- At the Commission meeting of October 25, 1990, you abstained from voting on item CA-2, namely: "Accepting the plat entitled Chinatown." Kindly fill out parts (a) and (b) in the back of said form under "Disclosure of Local Officer's Interest." Once both portions are duly filled, kindly sign, date and return to our office at your earliest possible convenience. Your continued cooperation is greatly appreciated. MH:s1 ENC: a/s CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To. THE HONORABLE XAVIER L. SUAREZ Mayor FROM MA Y HIRAI City Clerk [)AT[- October 26, 1990 1 LE SUBJECT Memo—randum of Voting --------- --- — -- Conflict PH FRENCES LNCLOSURES At the Commission meeting of October 25, 1990, you abstained from voting on item CA-2, namely: "Accepting the plat entitled Chinatown." Kindly fill out parts (a) and (b) in the back of said form under "Disclosure of Local Officer's Interest." Once both portions are duly filled, kindly sign, date and return to our office at your earliest possible convenience. Your continued cooperation is greatly appreciated. MH:sl ENC: a/s yul� C_�11 04:,) . {1 00 r o FORM 813 MEMO ANDUM OF VOTING .I.ONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-nRST NAME-MIDULt NAME INAME OF WARM COUNCIL. EUMMISSION• AUTHORITY, oR COMMITTEE Suarez, Xavier L. MAILINti ADMES, 3500 Pan American Drive Miami E ON WHICH Vt•11* Wt•URREU October 25, 1990 c.ity of Miami Commission 111E K1ARR COUNCIL. COMMISSION. AUTHORITY. OR COM wH1iH 1 SERvk tt A UNIT OF: XCItY :."PiRTY 1OTHER IDCA1 AGENCY jDade NAM! O1 POLITICAL fUWIY1s10N: Mayor MY POSITION IS: X ELECTIVE APPOINTIVE WHO MUST FILE FORM u This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this Isw are mandatory; although Me use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before completing the re%-erse tide and filing the form. INSTRUCTIONS FOR COMPUANCE WITH SECTION "2.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either cam you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on Mhich you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the mating, who should incorporate the form in the minutes. APPOI%TED OFFICERS: A person holding appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his specie! private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a convict of interest, but must disclose the nature of the conflict before nuking any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFWENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meedag, who wHI incorporate the form in the minutes. i j • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the mating prior to consideration of the matter in which you have a conflict of interest. e P-90-826 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of Your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISOLMRS OF LOCAL OFFICER1 * 1lRE=T I. -Xavier Il ti _ Suarez . hereby disclose that on octob e r 2 5 , . lg 9 0 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of Cr r%/<�-i T' (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed ' Signature . by whom i am retained. 4.Q tJ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5.000. t FORM 89 14M PAGE FORM 8B MEM k. ANDUM OF VOTING ."ONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS J: LAST NAME—G1Rsi NAMk-mmmt NAME NAME OF NARA COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE De Yurre, Victor _Citj of Ria.Mi Commission MAILING ACt)11ESt THk aMRM COUNCIL. EIOMMISSION. AUT14ORITV. OR COMMITTEE ON WHICH 15EItVk IS A UNII OF: 3500 Pan American Drive T% Miami WE O" WHICH October 25, 1990 Yniv BMW% NAM! OI' Dade "11UNTY • CPrHLR IOCAt AGENCY OLITICAL 5I)WIVISION: Commissioner MY POSITION IS: 'X ; aLE(TIVE plt"NTIVE V040 MUST FU FORM N This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by laA. you are encouraged to use it in making the disclosure required by law. Your responsibilities under the I&N when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH MOTION "2.3143, FLORIDA ITAnMS ELECTED OFFICERS: A person holding elective county, muni6pal, or other local public office MUST ABSTAIN from voting on a measure which inures to his sprcial private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either cue. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the minutes of the mating, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private pin. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local offs otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and rile this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. f IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • you should disclose orally the tseture of your Conflict in the treasure before participating. • You should complete the form and fie it within IS days afier the vote occurs with the person responsibie for recording the minutes of the meeting, who should incorporate the form in the minutes. DISOLMRE OF LOCAL OFFICER': WMREST i. V i c t o r O e Y u r r e hereby disclose that on October 25 19.9 0 (a) A measure Came or will come before my agency which (check one) inured to my special private gain; or �. inured to the special pin of C bank (b) The measure before my agency and the nature of my interest in the measure is as follows: by whom 1 am retained. rn to (6b) 1�o Date Filed Signat ur NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (IMIS), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5.000. r t iobtM as 10616 R 90-826 ►AGE