HomeMy WebLinkAboutR-90-0466It
IF,
1J
J-90-480
6/13/90
RESOLUTION NO.
90- 466
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE
PLAT ENTITLED "RIVERSIDE PLAZA", A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO
ALL OF THE CONDITIONS OF THE PLAT AND STREET
COMMITTEE; ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AND 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 "RIVERSIDE PLAZA", is a
replat of Tracts "A" and "B" of the Plat of "ALANDCO, SECTION
ONE", according to the Plat thereof, recorded in Plat Book 138,
at Page 54, of the Public Records of Dade County, Florida; being
situated in Section 37, Township 54 South, Range 41 East, of the
City of Miami, Dade County, Florida, which subject plat by
reference is made a part hereof as if fully incorporated herein,
and which plat, together with the dedications shown thereon, and
the dedications to the perpetual use of the public of all
existing and future planting, trees and shrubbery on said
property, and subject to all of the conditions required by the
Plat and Street Committee as set forth in Exhibit "A" attached
hereto, is hereby accepted 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 COMM MOR
Or
JUN 28 M
90- 466
L.
ATT •
HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
t%wmm
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JOR E L. FE DEZ
CITY ATTO"
GMM:rma:M1559
or
LUIS A PROD-PORTAR, PH.D., P.E. CESAR H. 0010
"•'••" c'iq man&$"
Director � ,• c1'
May 3, 1990
_y
Alando, Inc.
515 N. Flagler Drive, *1000
West Palm Beach, Florida 33401
Gentlemen:
RIVERSIDE PLAZA - TENTATIVE PLAT *1377;(
The City of Miami Plat and Street Committee, at Its meeting of
Apr 11 3. 1990, 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.
z*"
- Confirm reference for bearings.;
- Show existing zoning on location sketch and main
1 1.
sketch.
- Show adjoining subdivisions.
- 12" water main extension required by Miami -Dade Water
and Sewer Authority Department.
- S.W. 3 Street Improvements required. Rlverwalk
Improvements required.
- There is a pending bond on this site from previous
plat.
- Show Section, township and range.
- Show all trees and parking meters on S.W. North River
Drive.
In addition to the above requirements, you should be aware of
the following:
t. 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.
Page 1 of 2
Exhibit "At'
DEPARTMENT Of PUBLIC WORKSr275 N.W. 2nd Streal"&W, Florida 3312I/fXd) 5794M
5
90-- 466
90-
Aldndo, Inc. May 3, 1990
Riverside PlaZa
2. The alteration, relocation or installation of utilities
such as storm and sanitary sewers, electric, telephone,
water, etc., caused by this plat will be at the property
owner's expense. Also, utility easements may be required
on the property being platted.
3. A building permit will not be Issued on the property being
platted until the final plat is recorded. Also, the
Certificate of Occupancy for any building construction will
be Issued only after all the required subdivision
Improvements have been completed.
4. Approval for fire flow requirements must be obtained from
the Fire, Rescue and inspection Services Department prior
to the Issuance of a building permit.
5. Additional Items must be provided to the City of Miami
Department of Public Works before the final plat is
submitted to the City Commission for approval. You will be
notified in writing as to what these Items are after the
amount of the bond has been determined for the necessary
subdivision Improvements.
6. Tentative plat approval Is only valid for one (1) year from
the date of the Plat and Street Committee Meeting at which
time It was approved.
If you have any questions concerning these requirements, please
refer to the attached sheet for the appropriate person to contact.
Sincerely,
James . K y P.E.
Chairman, Plat & Street Committee
JJK:gc
Enclosure: Contact Sheet
cc: Mr. Howard C. Gamble
A.R. Toussaint & Associates, Inc.
Plat and Street Committee Members
File
F�
Page 2 of 2
90-- 466
CA 7
CITY OF MIAMI, FLORIOA
INTER -OFFICE MEMORANDUM
To : Honorable Mayor and Members DATE : SUN 19 1990 FILE
of the City Commission
SUBJECT: RIVERSIDE PLAZA SUBDIVISION
Resolution Accepting Proposed`:
Record Plat Located on S.W. 2'
FROM REFERENCES
Avenue and S.W. 3 Street
:
k:
Cesar H. O d i o ENCLOSURES
City Manager
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt a
resolution -accepting the plat Riverside Plaza and approving
recording the same in the Public Records of Dade County, Florida.
BACKGROUND:
The Department of Public 4 orks has reviewed this plat, and has
determined that it is now in order for acceptance by the City
Commission.
The proposed record plat entitled Riverside Plaza is a replat of
Tracts "A" and "B" of the Plat of "ALANDCO, SECTION ONE",
according to the Plat thereof, recorded in Plat Book 138, at Page
54, of the Public Records of Dade County, Florida; being situated
in Section 37, Township 54 South, Range 41 East, of the City of
Miami, Dade County, Florida. The area platted consists of three
(3) tracts containing 5.1¢ acres. It is zoned SPI-21.
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) Pr'nt of proposed Record Plat
0 4k
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
May 23, 1990
REPORT OF PROPOSED RECORD PLAT OF
"RIVERSIDE PLAZA"
LOCATED AT S.W. 3 STREET $ S.W. 2 AVENUE
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA
The accompanying Plat entitled "RIVERSIDE PLAZA" was
prepared by A.R. Toussaint & Associates, Inc. It is in correct
form for submission to the City Commission and is forwarded with
a recommendation that it be approved.
PERTINENT INFORMATION REGARDING THE PLAT:
1. The property platted is a replat of Tracts "A" and "B" of
the Plat of "ALANDCO, SECTION ONE", according to the Plat
thereof, recorded in Plat Book 138, at Page 54, of the
Public Recordsof Dade County, Florida; being situated in
Section 37, Township 54 South, Range 41 East, of the City of
Miami, Dade County, Florida. The area platted consists of
three (3) tracts containing 5.1+ acres. It is Zoned SPI-21.
2. The location of the streets and the widths conform with the
standards of the Department of Public Works of the City of
Miami, Florida.
3. As certified to by Howard C. Gamble, Registered Land
Surveyor, this Plat complies with the plat filing Laws .of
the State of Florida.
4. The Certificate of Title Examination dated May 9, 1990,
signed by Robert A. Blank, Attorney, indicates that the fee
simple title to the property platted is correctly vested in
Alandco Inc., and the Plat has been correctly executed.
0
5. The area platted is not encumbered by mortgages.
5. In accordance with the requirements of Chapter 54, of the
Code of the City of Miami, Florida a Performance Bond in the
amount of $1,180,000.00 has been executed by Alandco, Inc.,
Principal, and Safeco Insurance Company of America, Surety.
This Bond and the Surety's Power of Attorney will accompany
the Agreement between the City of Maimi, Florida and the
Principal to guarantee the construction of landscape design,
removal of existing sidewalk, removal of existing curb &
gutter, new concrete sidewalk, new concrete curb & gutter,
bulkhead, new asphaltic concrete pavement, storm sewer
structures and riverwalk at the property platted.
7. The attached Resolution has been prepared for the acceptance
of the Plat by the City Commission of Miami, Florida.
Az� = ��
Robert ar anera
City Surveyor
RB:au
94- 466
Ej
METROPOLITAN DADE COUNTY - PUBLIC WORKS
ENGINEERING - SUBDIVISION CONTROL
OPINION OF TITLE
TO: DADE COUNTY, a political subdivision of the State of -Florida.
With the understanding that this opinion of title is furnished to
DADE COUNTY, FLORIDA, in compliance with the 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 1'(we) have
e;camined the following complete Abstracts of Title, Title Policies,
and Title Commitments:
See Exhibit "A"
covering the period from the BEGINNING to May 9, 1990 A.D.,
inclusive of the following described real propertys
TRACT "A" and TRACT "B" of ALANDCC, SECTION
ONE, according to the plat thereof recorded in
Plat Book 138 at Page 54 of the Public Records
of Dade County, Florida, being located in the
City of Miami, Florida.
Contains 5.107 Acres, more or less.
Basing my opinion on said documents described in Exhibit "A"
covering said period, I am of the opinion that on the last
mentioned date the fee simple title to the above -described real
property was vested, in ALANDCO INC.
a
111.06-11 - PAGE 1
90- 466
LA
Subject to the following encumbrances, liens, and other exceptions:
GENERAL EXCEPTIONS:
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. racts that would be disclosed upon accurate survey.
4. Any unrecorded labor, mechanics' or materielmens' liens.
5. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
1. Basement in favor of City of Miami Water & Sewer Department
dated 3-26-53 recorded in Deed Book 3737 at Page 237, Public
Records of Dade County, Florida.
2. Basement in favor of Florida Power & Light Company dated 4-1-
53 recorded in Deed Book 3741 at Page 5, Public Records of
Dade County, Florida.
3. Basement in favor of City of Miami Water & Sewer Department
and Florida Power & Light Company dated 3-20-53, recorded in
Deed Book 3743 at Page 114, Public Records of Dade County,
Florida.
4. Basement in favor of Florida Power & Light Company dated 2-7-
61 recorded in O.R. Book 2475 at Page 103, Public Records of
Dade County, Florida.
S. Easement in favor of City of Miami Water & Sewer Department
and Florida Power & Light Company dated 2-7-61 recorded in
O.R. Book 2475 at Page 100, Public Records of Dade County,
Florida.
6. Right of Way Agreement between Water and Sewer Department,
City of Miami and Cutler Realty Company dated March 6, 19610,
recorded in O.R. Book 2530 at Page 118, Public Records of Dade
County, Florida.
7. Easement in favor of Florida Power & Light Company dated 3-20-
53 recorded in O.R. Book 12246 at Page 1117, Public Records of
Dade County, Florida.
111.06-11 - Page 2
90- 466
41�
Therefore it Is my (our) opinion that the following parties must join
In the platting of the above described r*al property in order to grant WE
com-Ty, FLORIDA, and the public, a good and proper t1t1* to the dedicated areas
shown on the final Plat of the aforedescribed propertyg tb* subdivision thereof
to be known as +,JUVQrjjjdQ I A 9A _
NAME
Alandco Inc.
INTEREST
e
Fee Title
SPECIAL. tXCEPTION
V"ER
N/A
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 is good standing
of the Florida Bar.
111.06-11 - PAGE 3
Respectfully submitted this �r11-7day
of May 1y 'ti'..:
�
NAME
One Biscayne Tower, Suite 3636
Miami, Florida 33131
ADDRESS
90- 466
EXHIBIT "A"
Our opinion of title is based on an examination of the
followings
1. Owner's Title Insurance Policy No. 85-81-134731, dated
March 22, 1983 and issued by Lawyer's Title Insurance Corporation
in favor of W. Flagler Investment Corp., which corporation was
subsequently renamed Alandco Inc., together with a partial Abstract
of Title, certified by Ticor Title Insurance Company under
Certificate No. 260311 and covering the period from March 22, 1983,
at 700 a.m. until August 30, 1989, at 2s30 p.m., and updated by
Ticor Title Insurance Company through May 9, 1990;
2. Owner's Title Insurance Policy No. 10-847-04-00001, dated
April 18, 1983 at 3s00 p.m. and issued by Chicago Title Insurance
Company in favor of W. Flagler Investment Corp., together with a
partial Abstract of Title, certified by Ticor Title Insurance
Company under Certificate No. 260310 and covering the period from
April 18, 1983, at 3s00 p.m. until August 30, 1989, at 2:30 p.m.,
and updated by Ticor Title Insurance Company through May 9, 1990;
3. Owner's Title Insurance Policy No. OPM 2259, dated June
24, 1983 at 12:30 p.m. and issued by Attorneys' Title Insurance
Fund in favor of W. Flagler Investment Corp., together with a
partial Abstract of Title, certified by Ticor Title Insurance
Company under Certificated No. 260309 and covering the period from
June 24, 1983, at 12s30 p.m. until August 30, 1989, at 2s30 p.m.,
and updated by Ticor Title Insurance Company through May 9, 1990;
4. Owner's Title Insurance Policy No. FL 001 04 13 12601,
dated January 4, 1985 at 1:06 p.m. and issued by Chicago Title
Insurance Company in favor of W. Flagler Investment Corp., together
with a partial Abstract of Title, certified by Ticor Title
Insurance Company under Certificate No. 260312 and covering the
period from January 4, 1985, at ls06 p.m. until August 30, 1989, at
2 a 30 p.m. , and updated by Ticor Title Insurance Company through May
9, 1990;
S. Complete Abstract of Title last certified by Ticor Title
Insurance Company under Certificate No. 260433 from April 9, 1952
at 8:00 a.m. until September 14, 1989 at 2:30 p.m., and updated by
Ticor Title Insurance Company through May 9, 1990;
6. A complete Abstract of Title, last certified by Ticor
Title Insurance Company under Certificate No. 260327, dated
September 7, 1989, at 2:30 p.m., and updated by Ticor Title
Insurance Company through May 9, 1990; and
7. Owner's Title Insurance Commitment No. G-4952LL, dated
January 12, 1990 at 200 p.m. and endorsed February 2, 1990, issued
by Ticor Title Insurance company in favor of Alandco Inc., and
updated by Ticor Title Insurance Company through May 9, 1990.
90- 466
AGREEMEN' 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
� � s>• sti s� �r sir 91r �k sY sic * �Vr * � � * � * sir
WHEREAS, ALANDCO, Inc.
(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
Riverside Plaza
a.copy of which proposed
plat is attached hereto and made a part hereof as Exhibit "A";
and 11
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 �is 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
Fora► PW #178 Rev 7/86
9Q- 466
U
not in the public interest that such construction wort: 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 reasonable 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 Performance Bond duly executed
by the Owner and a surety company or companies authorized to do
business in the State of Florida, as surety, in the amount of
$ 1.180.000 which amount is not less than one hundred (100"!)
percent of the estimated cost of the construction of the improve-
ments 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 Performance Bond shall be
released.
3. In the event the Owner shall fail or neglect.to fulfill his
obligations under this Agreement, the conditions of said Performance
Bond shall be such that the surety or sureties 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;
provided that if the Director of the Department of Public Works of
said City so elects, the Owner and the surety shall be jointly and
severally liable to pay to the City the sum estimated to construct
or complete the improvements set forth on said Exhibit "B", said
sum to be estimated by the Department of Public Works of said City,
and shall pay to said City any engineering and contingent costs, and
Form PW #179 Rev 10/69
90- 466
A*
U
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 all
of the provisions of this Agreement; provided further that the CitV
Commission of Miami, Florida, shall have the right to construct, or
cause to be constructed, after 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,
the Owner and the surety shall be jointly and severally liable to pay
the City 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%) 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 Performance Bond is attached hereto as Exhibit "C" and made a
part hereof by reference.
{
IN WITNESS WHEREOF, the Owner has caused this Agreement to
be executed in triplicate this ,/ day of A4;y ,
A.D., 1902
Signed, Sealed and Delivered
in the Presence of:
ATTEST:
Aslaist�nt Secretary Glenn R. Weller
{OororaCe' Seal)
ATTEST:
Owner:
(S )
(S )
(S L)
(S )
(S L)
(SEAL)
ALANDCO, Inc.
r nc pa orporation
Ck A k4c-
re8 ent James E. H rtz
Approved and accepted on behalf of the City of Miami, Florida,
this At day of 107A-1�' A.D., 19 9YG!
t.7TVrMV00V0 .
Form VVI #178 Rev 8/ 77
By:
tor, Dqm-bssnt of Public Works
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
in the Presence of:
��I Lei 1, ► \loll\f.11
STATE OF FLORIDA)
COUNTY OF DADE )
Pre f ent, James E. Hertz
Assistant Secretary, Glenn R. Weller
CORPORATE SEAL
- I HEREBY CERTIFY that on this 16th day of May A.D.,
19 90, before me personally appeared
p� lames E. Hertz & Glenn R. Weller
a corporaefon unde? thhe Aaws 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.
NOTARY PUBLIC STATE OF FLORIDA
NY COMMISSION EXP. FEB.25,1992
80NDE0 TNRU GENERAL INS. UNO.
MY MM S I EXPIRES; NOTARY PUBLIC
STATE OF FLORIDA AT LARGE -
APPROVED:
,JIMCTOK OF PUBLIC WORKS
This Instrument Prepared by
Department of Law
City of Miami, Florida
t� .4 6
EXHIBIT "B„
TO ACCOMPANY THE AGREEMENT -HE -THE CITY OF MIAMI, FLORIDA
and
ALANDCO, INC.
FOR IMPROVEMENTS AT
"RIVERSIDE PLAZA"
Located at S.W. 2 Avenue & S.W. 3 Street
LANDSCAPE DESIGN
$
21,000.00
Transplant thirty palm trees.
Plant thirty new Mahogany trees
(12' high - 7' spread)
REMOVE EXISTING SIDEWALK
$
8,300.00
Approximately 8,300 square feet
REMOVE EXISTING CURB & GUTTER
$
3,500.00
Approximately 1,400 linear feet
NEW CONCRETE SIDEWALK
$
70,800.00
Construct approx. 14,400 square feet
and 5,280 square feet of brick pavers
NEW CONCRETE CURB AND GUTTER
$
10,200.00
Construct approx. 1,360 linear feet
BULKHEAD
$
275,000.00
Approx. 550 linear feet of repair
NEW ASPHALTIC CONCRETE PAVEMENT
$
36,570.00
Construct approx. 360 square yards
STORM SEWER STRUCTURES
$
10,900.00
Install two Type "F-3" catch basins
Install 5' of 12" R.C.P. and 90' of
15" R.C.P. storm sewer;
Abandon one "F-3" catch basin and
one snaitary sewer manhole;
Adjust one "F-3" catch basin;
Remove two "F-3" catch basins;
Plug 8" sanitary sewer
RIVERWALK
$
479,000.00
Construct 670 lin. ft. at 20' wide
Construct 220 iin. ft. at 20' wide
ESTIMATED COST OF IMPROVEMENTS
S
915,270.00
(10%) CONTINGENT
$
91,527.00
(17%) ENGINEERING AND INDIRECT COSTS
$
171,155.00
TOTAL
$1,177,452.00
AMOUNT OF PERFORMANCE BOND
$1,180,000.00
*Information concerning the landscaping requirements shall be
obtained from the City of Miami Planning Department.
90- 466
E
P/B Exhibit "C"
Page 1 of 3
STATE OF FLORIDA
COUNTY OF DADE
CITY OF MIAMI
PERFORMANCE BOND
(EXHIBIT "C")
KNOW ALL MEN BY THESE PRESENTS s That we, ALANDCO, Inc.
515 North Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
(hereinafter referred to as the "Principal"), and s feco Insurance
Company of America
a Surety Company authorized to do businese in the State of Florida, (here-
inafter referred to as the "Surety") are hold and firmly bound unto The City
of Miami, Florida, (hereinafter referred to as the tOCity") in the penal sum
of One Million One Hundred Eighty Thousand & no/100ollars ($ 1,180,000.00 for
the payment of which we bind ourselves, our successors and aseigns, for
the faithful performance of a certain written Agreement dated the 16t
day of
May
, 19 94 , tendered by the Principal to the
City for the construction of certain improvements as listed and described
upon the Estimate of Cost attached to said Agreement as Exhibit "B"
thereto, and any engineering and legal fees or contingent Costs and
damages, said improvements to be constructed in a certain subdivision
known as Riverside Plaza
a copy of which said Agreement is incorporated herein by reference and is
made a part hereof as if fully copied herein,
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH
that, if the Principal shall in all respects comply with the terms and
conditions of said Agreement and shall in every respect fulfill his
obligations thereunder, this Bond shall be considered complied with;
otherwise, it shall remain in full force and effect, In the event that
the Principal shall fail or neglect to fulfill such obligations, the
Surety covenants and agrees that within thirty (30) days after receipt
of written notice form the Director of the Department of Public Works
of the City of the Principal's failure or neglect as aforesaid, the Surety
will construct or cause to be constructed the improvements set forth in
said Agreement; provided that, if the Director of the Department of Public
Works of the City so elects, the Surety will prey to the City the sum
estimated to construct or complete the improvements set forth in said
90- 466
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Uhlbit I1CII
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i
Agreement, said sum to be estimated by the Department of Public Works
of the City, and will pay to the Ctty any engineering and contingent
poets, 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 Principal to carry out and
execute all of the provisions of said Agreements provided further
that the City Commission of Miami, Florida, small have the right to
Construct or cause to be constructed, after 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, the Principal and the Surety shall be jointly and 6everally
liable thereunder to pay the City the final total coat of said
improvements, together with any 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 Principal to carry out and execute the provisions
of said Agreement.
90- 466
10-ka C_Q L;.:, II11I i_ I tI. IILIuW'_IJ ILL IIl':_AJ! yi._ U1:A, Nt_'J 1'64.._-_u.. �� •. _.
�3of3
IN WITNESS WHCREOP, the parties hereto hava caused this
Performance Bond to be executed in triplicate thin 17t,h day of
May A. D . 19 90,
WITNESSES: Principal (Individual)
ATTEST:
K's s an ecre ary Uienn R. Weller
(Corporate Seq.) ,
ATTEST:
oe
SecreXax
( or orate sal)
rLL)
SEAL)
SE L)
L)
SEAL)
ALANDCO Inc.
r ne pa (corporation
President James . Hertz
(Surety spat
surety
At-CEFTLD BY SURZTY this
17th day of Mav 19 90 By
o t orney- Aw Theresa Raffa
3300 PGA Blvd. Ste 350
Palm Beach Gardens, FL 3341.0
A32SO-8i(Local)
90.
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POWER SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE SAFECO PLAZA
+ ISAFECO SEATTLE, WASHINGTON 98185
No. 7678
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporation, does each hereby appoint
--------------------KAREN R. GRANT; JOHN S. MELVILLE; THERESA RAFFA; K.R. SANDERS,
PalmBeach Gardens, Florida ------------------------------------------------------
its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this 28th day of _ August , 19-$3_
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. -- FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced: provided, however, that the seat shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
# "On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant there!.o, and
(iii) Certifying that said power -of -attorney appointment is in full fotce and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
} COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the
By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
17 May 90
this day of , 19
94- 466
S 974 R10 3 66 PRINTED IN U S A.
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