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HomeMy WebLinkAboutR-87-1088roi i J-87-1009 '• 10/8/87 RESOLUTION N0. W-+1088 A RESOLUTION ACCEPTING THE PLAT ENTITLED NEW PIVETTE PARK, A SUBDIVISION IN THE CITY OF MIAMI; AND 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, IWHEREAS, 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 NEW PIVETTE PARK is a resubdivision of lots it and 12, Block 44 of New Shenandoah, P.B. 10, Pg. 55 and lots 16 and 17 of Carolina Park, P.B. 16, Pg. 69 lying and being in Section 15, Township 54 South, Range 41 East City of Miami, Dade County, Florida, which subject plat by Ir 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 r, future planting, trees and shrubbery on said property, 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. PASSED AND ADOPTED this loth day of December 1987. ATTEST: MT CITY CLERK PREPARED AND APPROVED BY: i CORRECTNESS: • MIRIAM MALKI ASSISTANT CITY ATTORNEY t APPROVED, AS TO FORM AND UvLri n. uvLOv ITY ATTORNEY CITY COMMISSION - MEETING OF DEC10 1987 RESOLUTION No.87-1019 S — } ^ _ CITY OF MIAM1. FLORIDA 245 INTER -OFFICE MEMORANDUM To. Honorable Mayor and Members Y DATE: NOV 4 1987 FILE. of the City Commission -� SUBJECT: NEW PIVETTE PARK SUBDIVISION Resolution Accepting Proposed Record Plat Located on SW 21 FROM: Ave. bet SW 24 St b SW 24 Terr. 'Cesar H . O d i REFERENCES: — City Manager I ENCLOSURES: i i RECOMMENDATION: — 1- It is respectively recommended that the City Commission adopt a ' resolution accepting the plat New Pivette Park 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. s F The proposed record plat entitled New Pivette Park -is a resubdivision of Lots 11 and 12, Block 44 of New Shenandoah, P.B. 10, Pg. 55 and Lots 16 and 17 of Carolina Park, P.B. 16, Pg. 69 lying and beinrj in Section •15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of six (6) Lots. It is zoned RS-2/2. = r Also attached are the following itemized papers necessary to present the Plat to the City Commission-: (1) Resolution accepting the Plat (2) Engineering Report - (3) Print of proposed Record Plat 1I ' P THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS October 9, 1987 REPORT OF PROPOSED RECORD PLAT OF NEW PIVETTE PARK Located on S.W. 21 Avenue between S.W. 24 Street*& S.W. 24 Terrace A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA * * * * * * * * * * * * * * * * * * The accompanying Plat entitled NEW PIVETTE PARK was prepared by Ford Land Surveyors, 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 resubdivision of Lots 11 and 12, Block 44 of New Shenandoah, P.B. 10, Pg. 55 and lots 16 and 17 of Carolina Park, P.B. 16, Pg. 69, lying and being in Section 15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area- platted- consists of six ( 6 ) lots. It is zoned RS-2%2. 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 Omar Arinenteros, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. 4. The Certificate of Title Examination dated October 1, 1987, signed by Leon I.G. Nichols, Attorney, indicates that the fee simple title to the property platted is correctly vested in Pivette Enterprises Corp. and the Plat has been correctly executed. S. 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 # NBV999 in the amount of $ 42,500 has been executed by Pivette 87--10 2 Enterprises Corp.,Principal, and Capital Bank. This Letter of Credit will accompany the Agreement between the City of Miami, Florida and the Principal to guarantee the construction of asphaltic concrete pavement, new sidewalk., new concrete curb, new concrete curb and gutter, new concrete valley gutter, storm sewer structures, sanitary sewer structures and the removal of one tree and removal of existing sidewalk A curb at the property platted. 7. The attached Resolution has been prepared for the acceptance ` of the Plat by the City Commission of Miami, Florida. Ai�4�*a'-O'Ww �'04e�� CITY SURVEYOR, SURVEY SECTION RB:is Page 2 of 2 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 I (we) have examined the complete Abstract of Title completely covering the period from the BEGINNING to October 1st A.D. 1987 , at 8:00 A.M., inclusive, of the following described real property: (Describe only realty to be subdivided) Lots 11 and 12, Block 44 of NEW SHENANDOAH, according to the Plat thereof, as recorded in Plat Book 10, Page 55 of the Public Records of Dade County, Florida. Lots 16 and 17 of CAROLINA PARK, according to the Plat thereof, as recorded in Plat Book 16, Page 69 of the Public Records of Dade County, Florida. •Basing my (our) opinion on said complete abstract covering said period I (we) am (are) of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: Lots 11 and 12 are owned by PIVETTE ENTERPRISES CORP. Lots 16 and 17 are owned by PIVETTE ENTERPRISES CORP. 111,06-11 - PAGE 1 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 i 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. SPECIAL EXCEPTIONS NONE 111.06-11 - Page 2 137-ILOSS Therefore it is my (our) opinion that the following parties must join in the platting of the above described real property in order to grant DADE COUNTY, FLORIDA, and the public, a good and proper title to the dedicated areas shown on the final Plat of the aforedescri.bed property, the subdivision thereof to be known as NEW PIVETTE PARK NAME INTEREST SPECIAL EXCEPTION NUMBER 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 5t h day of October 19 ST LEO NICHO , Fla. Bar #058744 8500 West Flagler Street, A-107 Miami, Florida 33144 ADDRESS (305) 553-5388 111.06-11 - PAGE 3 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 IIIAMI, FLORIDA WHEREAS, Pivette Enterprises, Corp. A Florida Corp. Pedro Hernandez, Pres. (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 ITRU PIVETTE PART: 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 OF MIAMI, FLORIDA, requires that any proposed plat, submitted to aid Commission for acceptance and confirmation shall be accompanied by an Agreement entered into by the Owner of the land being platted, with the Director. --f thZ Depaitment 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 it -7 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) Capital Rank, of Miami. , in the amount of $ 42,500.00 , 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 tliic A&vee-ment, the conditions of said Letter of Credit shall be such that the (Bank) Capital Eank, of Miami. shall, within thirty (30) days after receipt of written notice from the Director of the Department of Public Works of said City of the failure or cf the neglect of the Owner to perform this Agreement, construct, or caur;e to be constructed, the improvements set forth in Exhibit "B" heTiof, pay to the City a sum up to the aggregate amount of $ 42,500.00. 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 8 7--1088 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. 8 7-1Q88 IN WITNESS WHEREOF, the Owner has caused this Agreement to be executed in triplicate this 30 Th. day of September A,D., 19 87 Signed, Sealed and Delivered in the Presence of: Pedro Hernandez, P./S./T. ATTEST: Pedro Hernandez (Corporate Seal) ATTEST: Se reta (Co orat Seal / SEAL) StAl) SE ) SEA ) SEAL) SEAL) Pivette Enterprises,corp. ringolpal AcorporaFion Pre4dent Approved and accepted on behalf of the City of Miami, Florida, this 30 Th. day of September A.D., 19 87. By: Q;;( - Director, Department of Public Works 8 7--ILOW Form PW # 178 Rev 8177 A Aft 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: / CORPORATE SEAL STATE OF FLORIDA) COUNTY OF DADE. ) r. I HEREBY CERTIFY that on this 30Th day of September A.D., 19 87 , before me personally appeared �aL'J Qy PIVETTE ENTERPRISES,CORP. a corporation under the laws of the State of Florida, to me known to be the persoro who signed the foregoing instrument as such officer& and severally acknowledged the execution thereof to be their free act and deed as such officer* 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. --RY C-iMPiISSION EXPIRES: APPROVED: NOTARY PUBLIC STATE OF FLORIDA AT LARGE This Instrument Prepared by Department of Law City of Miami, Florida CJ 87w10 oS { [k .4 4k EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETWEER-7HE CITY OF MIAMI, FLORIDA and PIVETTE ENTERPRISES, CORPORATION FOR IMPROVEMENTS AT NEW PIVETTE PARK Located at S.W. 21 Ave. between S.W. 24 Terrace & S.W. 24 Street * * * * * * * * * * * * * * * * * * * * * ASPHALTIC CONCRETE PAVEMENT S 8,797.50 Approximately 765 Square Yards REMOVAL OF EXISTING SIDEWALK $ 1,555.00 Approximately 1,555 Square Feet REMOVAL OF EXISTING CURB $ 1,030.00 Approximately 515 lineal feet NEW SIDEWALK $ 3,825.00 Approximately 1,815 Square Feet NEW CURB AND GUTTER $ 900.00 Approximately 120 Lineal Feet NEW CONCRETE CURB $ 2,940.00 Approximately 490 Lineal Feet STORM SEWER STRUCTURES $ 1,600.00 Including: 1. Remove 1 "F-3" CB 2. Const. 1 "F-3" CB SANITARY SEWERS STRUCTURES $ 9,075.00 Including: 1. 125' of 6" C.I. Sanitary Sewer Lateral 2. 4 Sanitary Sewer "Wyes" NEW CONCRETE VALLEY GUTTER $ 3,290.00 Approximately 470 Lineal Feet OTHER IMPROVEMENTS $ 250.00 Remove One tree (20' Ht.) ESTIMATED COST OF IMPROVEMENTS $33,262.50 10% CONTINGENT $ 3,326.25 16% ENGINEERING $ 5,854.25 TOTAL $42,442.95 AMOUNT OF LETTER OF CREDIT $42,500.00 *Information concerning the water main and appurtenance requirements shall be obtained from the Dade County Water and Sewers Department. 8 7' 2-088 ` lk 1--.6k ti CAPITAL BANK KENDALL OFFICE 0 IRREVOCABLE COMMERCIAL LETTER OF CREDIT #NBV 999 October 1, 1987 -� City of Miami Department of Public Works 275 N. W. 2nd Street Miami, Florida 33128 Gentlemen: By order and for account of Pivette Enterprises Corp., 7186 S. W. 47th Street, Miami, Florida 33155, we hereby open our Irrevocable Letter of Credit #NBV 999 in your favor for an amount not to exceed the aggregate of U. S. $42,500.00 (Forty Two Thousand Five Hundred and No/100 Dollars), effective immediately and V ` expiring at our Capital Bank Kendall Branch, 8900 S. W. 107th Avenue, Miami, Florida 33176, with our close of business on October 1, 1988. xo ^" Funds under this Letter of Credit are available to you against your draft(s) drawn on us at sight, mentioning our Letter of Credit #NBV 999. Each such = draft(s) must be accompanied by your signed written statement reading as follows: "We hereby certify that Pivette Enterprises Corp. has failed to complete the improvements required by letter of July 16, 1987 of City of Miami before September 30, 1988". This Letter of Credit shall be valid until October 1, 1988 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 hereunder by your drafts at sight on us and accompanied by a statement signed by the Director of the Public Works Department to the effect that the aforesaid bond is in full force and effect on that date. - 1 - 8900 S.W. 107th Avenue, Miami, Florida 33V6, Telephone: (305) 279-7900 97-1088 1 I 7-Aw" i7__" IRREVOCABLE COMMERCIAL LETTER OF CREDIT #NBV 999 - October 1, 1987 Page 2 We hereby engage with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored by us if presented at our counters with this original Letter of Credit on or before October 1, 1988. _ Except as otherwise expressly stated herein, this Credit is subject to the Uniform Customs and Practice for Documentary Credits (1974 Revision) International Chamber of'Commerce (Publication No. 290). Very truly yours, CAPITAL BANK all 'We BY: �rey Nilsson Ma rice Quintero �Vl��e Pr ident Assistant Cashier S7-1088 +eX t,gtt 2 .._�.....- /"'s /---, NlmW .4 A 5s Q419 �oT5 16 QN0r1 k &4-1. 411f, oT /3 MON. �:---�- - - - -- ny —- - �• U� 24 _ N i IA o I 5 B4�gB . i 1 moCA ER V` Z oN i i� I� s Q sacs N 61 AM Nim"' INPIVETTIM .iK' 4'.5U80/G/5/G�NG�,�"LOTSt/ANl�/2, BLG�G',k G?F/ti�'V.411 W .�5 AN LOT516 AN0170/" GAS-'�L/N�1 P•�l�k" ,� IN .SECT/Oli/ /.5, %�/,05 •E'G�: �'r/� C/T ''G "/'I/Argyll G�40�' ��L/Ivr, NEId •5M- MAMO0.4l� uo_55> I 49,4f 40 N1 .GoT J3 Zo7- /4 - c:rWo LAA1-O 644'e e)''OR, INC. w ..__-__ - _ -�7 1 � N �.fA care .5cro.(s•' r 30• t nor• i, 25' 3a OWQ 1� �U,pvEf�OJ?S N©TES'.' COP�4'?M. 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