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HomeMy WebLinkAboutR-82-01774K RESOLUTION NO. 82-177 A RESOLUTION ACCEPTING THE PLAT ENTITLED MAYFAIR SUBDIVISION, A RESU"WDIVISION 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. i { j WHEREAS, the City Zoning Board and the Department of Public Works have recommended the acceptance of the plat: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Plat entitled MAYFAIR SUBDIVISION is a re subdivision of Lots 5, 6, 19 and 20 in Block 1 and Lots 7, 8, 17 and 18 in Block 2 of WILLIAM A. RICE SUBDIVISION, and the ten (10) foot wide strip and Rice Street lying within exterior boundaries of platted lands, Plat Book 1 at Page 13 of the Public Records of Dade County, Florida, Section 21, Township 54 South, Range 41 East, City of Miami, Dade County, Florida, which by reference is made a part hereof as it fully incorporated herein and the dedications as shown thereon together with all existing and future planting, trees and shrubbery on said property, to the perpetual use of the public, are hereby accepted and confirmed by the City of Miami, Florida. Section 2. The City Manager and City Clerk are hereby au- thorized and directed to execute the Plat and record same in the Public Records of Dade County, Florida, PASSED AND ADOPTED this 25 day of february , 1982. MAYOR P T : KT"LERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: l DEPUTY CITYIATTORNEY GEORGE F. KNOX, JR.,.C.T_TY ATTORNEY CITY COMmlMo111 MEETING OF FE$ Z 5 1982 82 177 st Fi rernen's fnst ince Company of Newocr `.. New Jersey S 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these P'fesentS,That the FIREMEN S INSURANCE COMPANY OF NEWARK. NEW JERSEY has made. constituted and appointed. and by these presents does make, constitute and appoint Frank R. Santagata or Edward B. Luba or Alvin A. Miller, Jr. all of Youngstown, Ohio, EACH its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of One Million ($1,000,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso- lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet- ing duly called and held on the 20th day of February, 1975. "RESOLVED. that the Chairman of the Board the Vice Chairman of the Board. the President. an Executive Vice President or a Senior Vice Pres- ident or a Vice President of the Company. be. and that each or any of them hereby is. authorized to execute Powers of Attorney qualifying the attor- ney named in the given Power of Attorney to execute to behalf of FIREMEN S INSURANCE COMPANY OF NEWARK. NEW JERSEY. bonds under• takings and all contracts of suretyship. and that an Assistant Vice President. a Secretary or an Assistant Secretary be. and that each or any of them here- by is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attach- ed." In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed and these presents to be signed by one of its Vice Presidents and attested by one of its Assstant Vice Presidents this 3rd day of January, 1979 Attest: FIREMEN S INSURANCE COMPANY OF NEWARK, NEW JERSEY By T H Stephens Assistant Vice President 'per M L ford Vice•Pres�dent STATE OF NEW YORK, ss COUNTY OF NEW YORK, On this 3rd day of January, 1979, before me personally came M.L. Ford, to me known, who being by me duly sworn, did depose and say that he resides in Summit, in the County of Essex, State of New Jersey, at 768 Springfield Avenue; that he is a Vice -President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. AZI 4T; tip•.. ETHEL TARAN70 NOTARY PUBLIC Stale of NeM York CERTIFICATE No 24.4663117 Oual in Kings County Commission Expires March 30 1980 1, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY. a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of At- torney, is now 'in force. Signed and sealed at the City of New York. Dated the 7th day of Dec er 1981 James M Keane Assistant Secretary 1 'A CITY JF `dIAMI. FLORIDA INTO -OFFICE MEMORANDUM To. Howard V. Gary DATE February 11, 1982 ILE: City Manager °:U ,J£GT. MAYFAIR SUBDIVISION Resolution Accepting Proposed Record Plat Located at Grand FROM. Donald W. Cather-7EF�pENCES: Avenue and Virginia Street. Di ctor D pa me o lic Works (For Commission Meeting of February 25, 1982) The Department of Public Works recommends the approval of the plat by the City Com- mission of Miami, Florida, and certifies its correctness as to form. The proposed record plat entitled MAYFAIR SUBDIVISION is a resubdi- vision of a portion of Block 1 and part of Block 2 of WILLIAM A. RICE SUBDIVISION, and the ten (10) foot wide strip and Rice Street lying within exterior boundaries of platted lands, Plat Book 1 at Page 13 of the Public Records of Dade County, Florida, having a total area of 1.44+ acres. It is Zoned C-2A. This plat is being forwarded to your office for City Commission action, Also attached are the following itemized papers necessary to present the Plat to the City Commission of Miami. 1. Resolution accepting the Plat. 2. Print of proposed Record Plat. 3. Agreement form pertaining to subdivision improvements. 4. Opinion of Title. 5. Memorandum from the Miami -Dade Water and Sewer Authority pertaining to water mains and appurtenances. 6. Portion of City Atlas No. 46H showing property platted colored in red. RB:es CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM Robert Tingley Deputy City Clerk Terry V. Percy �() 9`a Deputy City Attorney April 15, 1982 r'LF MAYFAIR PLAT APPROVAL RESOLUTION NO. 82-177 Pursuant to our telephone conversations, this is to confirm that the conditions of the City Commission's approval of the subject plat have been met by the furnishing of an acceptable Grant of Easement by Ken Treister yesterday. Said Easement has been forwarded to the Public Works Department for execution and recording and the concern expressed by Commissioner Plummer has been satisfied. TVP:ia LLJ 0 1 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS FEBRUARY 11, 1982 REPORT OF PROPOSED RECORD PLAT OF MAYFAIR SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA sti s't sti * sb ;'r s't sti sY sti s4 s't The accompanying Plat entitled MAYFAIR SUBDIVISION was prepared by Biscayne Engineering Company. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it i be approved. PERTINENT INFORMATION REGARDING THE PLAT: 1. The property platted is a resubdivision of a portion of Block 1 and part of Block 2 of WILLIAM A. RICE SUBDIVISION, and the 10 foot wide strip and Rice Street lying within exterior boundaries of platted lands, Plat Book 1 at Page 13 Public Records of Dade County, Florida; Section 21, Township 5A South, Range 41 Fast, City of Miami, Dade County, Florida. It is Zoned C-2A, having a total area of 1.44+ acres. 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 Alfred B. Mohr, 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 a portion of Rice Street located South of the Southerly right-of-way line of Florida Avenue and North of the Northerly right-of-way line of Grand Avenue. This action was confirmed by City Commission Resolution No. 81-723. 5. By authority of Resolution No. , adopted February 22, 1982, the Plat was recommended for acceptance by the City Zoning Board of Miami, Florida. 6. The attached Certificate of Title Examination dated , signed by Howard R. Scharlin, Attorney, indicates that the fee simple title to the property platted is correctly vested in Mayfair In The Grove, a Florida general partnership and Mayfair III, a Florida general partnership and the Plat has been correctly executed. 7. The area platted is encumbered by mortgages and the mortgage holders have executed the Plat and joined in its dedications. -1- i 0 5 ` (8) In accordance with the requirements of Chapter 54, Section 54-30, of The Code of The City of Miami, Florida a Performance Bond in the amount of $216,000.00 has been executed by Mayfair_III, a - Florida general partnership, consisting of Mayfair III, Inc. and J. & K. Mayfair III, a Florida general partnership, as Principal, and Firemen's Insurance Co. of Newark, N.J., Surety. This Bond and the Surety's Power of Attorney will accompany the Agreement between the City of Miami, Florida and the Principal to guarantee i the construction of landscaping, asphaltic concrete pavement and overlay, removal of existing sidewalk, removal of curb or header, removal of existing curb and gutter, removal of four (4) signs and restoration of sidewalk, brick sidewalk, concrete header, curb and gutter, new driveway, curb, storm drainage structures and widening of Mary Street at the property platted. (9) The location of the property is shown colored in red on the i accompanying copy of a portion of City of Miami, Florida, Atlas Sheet No. 46H. (10) The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. CADAS-T- a iNHI HE R RB:es -2- 5 EXHIBIT "B" TO ACCOMPANY THE AGREEMENT BETtdEEN THE CITY OF MIAMI, FLORIDA AND MAYFAIR III, A FLORIDA GENERAL PARTNERSHIP FOR IMPROVEMENTS AT MAYFAIR SUBDIVISION LOCATED AT GRAND AVENUE AND VIRGINIA STREET *LANDSCAPING $ 11,300. Florida Ave. 424' Avg. 30' c/c 16 Trees in sidewalk cuts (Live Oak) Virginia St. 270' Avg. 30' c/c 10 Trees of Grand Ave. type in sidewalk cuts Grand Ave. 424' 16 Trees of Grand Ave. type in sidewalk cuts NOTE: Maintain & protect existing sidewalk cuts & trees ASPHALTIC CONCRETE PAVEMENT Approximately 800 square yards $ 7,600. ASPHALTIC CONCRETE PAVEMENT OVERLAY 1700 Sq. yards $ 2,500. REMOVAL OF EXISTING SIDEWALK Approximately 1,900 square feet $ 1,900. REMOVAL OR CURB OR HEADER 220 l.f. $ 400. REMOVAL OF EXISTING CURB AND GUTTER Approximately 275 lineal feet $ 700. REMOVAL OF 4 SIGNS AND RESTORATION OF SIDEWALK $ 2,000. BRICK S IDEGIALK Approximately 6,825 square feet $ 27,300. CONCRETE HEADER 900 lineal feet $ 6,300. CURB AND GUTTER Approximately 570 lineal feet $ 4,300. NEW DRIVEWAY 385 s.f. $ 1,000. CURB 75 l.f. $ 500. STORM DRAINAGE STRUCTURES $ $0,000. *14IDENING OF MARY STREET $ 22 , 000 . ESTIMATED COST OF IMPROVEMENTS $167,800. -1- K_ (10%) CONTINGENT $ 16,800. (17%) ENGINEERING $ 31,400. TOTAL $216,000. AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $216,000. *Information concerning the landscaping requirements shall be obtained from the City of Miami Planning Department. A sketch showing the subdivision improvements (Exhibit "B") that we will furnish you is to be presented when applying for a construction permit. This will tend to avoid the inconvenience and added expense to you of having to remove or revise work which does not meet the subdivision improvement requirements. -2- ,r P$/ 1 of 4 kGREEMENT FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAMI, FLORIDA 7C :: is is ::S�CJ�• i1�'.. d'nJ..,t. WHEREAS, MAYFAIR III, a Florida General Partnership, consisting of Mayfair III, Inc., and J & K Mayfair III, a Florida General Partnership, (hereinafter referred to as the "Princi;.,� 1") ; :gently with the delivery of this Agreement, has appi._ed t:) '�:�r. 4:':i'�.`Y 0'r' MIAMI, FLORIDA (hereinafter referred to as the "City"), rr.r the acceptance and confirmation by the Commission of said City, of a. certain proposed plat of a subdivision to be known as MAYFAIR SUBDIVISION f a copy of which proposed plat is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, Chapter 54, Section 54••20, THE CODE OF THE CITY OF MIAAII, FLORIDA, require that any proposed plat submitted to said Commission for acceptance and confirmation, shall be accompanied by an Agreement entered into by the Owner of 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 or Cashier's Check; NOW, THEREFORE, the Principal 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 v City, or prior to the issuance by the City of Miami of a Certificate of Occupancy for the premises, the Principal will construct or ! '' cause to have constructed, at his own expense and in accordance f 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 Form PW #179 Rev 5/81 t � ; -=� aforener,tioned improver,,ents, it 1s: not In the public {nter-Lct that such ccnstruction work should be prolonged to the extent that it. would have a disorganizing effect upon the neighborhood. After the Mork is started, the Principal hereby agrees to p:,oser.ute said �1 work progressively so as to complete.it in a reasonable length bf' time as determined by the Department of Public Works. The Principal �c ahereby agrees to abide by all of the provisions of the "Guide for Work in the PuAic-Right-of-.Way",--a copy of which is attached hereto and by this reference.made a part hereof. 2. In accordance with the provisions of Zaid Chapter 514, Section 54--20, THE CODS OF THE CITY OF MIAPMI, FLORIDA, the Principal herewith tenders to the City a Performance Bond (July executed by the Principal and a surety company or companies authorized 'Co do business in the State of Florida, as Surety, in the amount of 216, O00- OC which amount is not less than one hundred (100 e ) percent of the estimated cost of the 'construction of the ir:prove- o ti I t twe n s even me: -its listed in the attached Exhibit E plus tY (27'/,) percent for engineering and contingent cosl*s and damages, and upon c;ompleticn of the construction of said improvements, and subsequent to the submission by the ,Principal to The City of M_ami Department of Public Works of_a letter from a Registered Land Surveyor certifying, that the Permanent Reference ?Monuments indicated or. the Plat have been installed and properly placed, said Performance Bond si-:a11 be released. 3. In the event the Principal :;hall 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 Principal to perform this, Agreement. construct, ..or cause to be constructed, the improvernerc,,; set forth in Exhibit "B" hereof; provided that If the Dire%tc,r ra . the Department of Public 4.ork3. of said City so (:lecLc, the 11r•.1r,c tled Form Pa F179 Rev 10/69 - ) 5 and the Surety shall be jointly and cr_v►•r•ally liat),Ie to 11:iy to tt,►• City the sum estimated to construct or complete the improvements set forth on said Exhibit "B", said -,urn to be eztimat•,:d by the Department of Public Works of said City, and shall pay to said City any engineering and contingent costs, and any da,:age:: dirs•^t or indirect, not to exceed t-wenty-sever(27 %) percent thereof, plus reasonable attorneys' fees which the City may sustain on cue^_cunt of the failure of the Principal to carry out and execute n11. of the provisions of this Agreer.ent; provided further that the City Ccr,zz iss ion of Miami, Florida., shall. have the right to c on::t ruc t , or cause to be ccnstructed, of ter public :Ldv(,rtJL: event and recel t. of bids, the ir..pro•�e ner.ts as provide) for in ; ,aid A reer:r�rit , and in the event th��.t the City Cc;.:�lissic�rr cf IMianri , Florida exercis.!.• t ? ,t..� ti+n r n �1 ' the :;uri't�/ . 1 ,jr` •'tl;i and ;uc i r� �, t.. P i c anc. > Iall ►,r. ,�. --everal' y iia:;) e to pay the City the I' i.n:1l Lota? (:o::t., rX ,sa.14i JmProve.ments, toEet;:er with any en;i:te •rirlr and contincr,eni, cC-t:'>, and any direct o_^ ind_r ect, not to exceed t7,mnty-se-%ren(27 %) percent thereof, Pius reascnab:e attorneys' fees, wh ch the C:.ty may sustain on account of the failure of the Principal to carry out and execute the provisions of this Ag^ee=ent . Said Perfor.�rance Bond is attac:.ed hereto -as Ex^:.bit "C" and rude a part hereof by reference. II• W1T;: ESS WHEREOF, the Principal ha.� caused this A�•recrnent to be executed in quadruplicate (one original and the r►c• r, t'hr•^e carbon copiez thi s day of v'. '-��, , A. t.. , 1 Q Signed, Sealed and Delivered in the Presence of: Principal (Individual) MAYFAIR III, a Florida General Partnership By:.J &.K MAYFAIR III,•a Florida neral Partnershi (SEAL ) �- __ems c (SEAL) eph A. Gdrfi6d, as General PaHner _ ( E A L ) c 1 1 (SEAL.) -.Kenneth Treister; as General Partner (SEAL) ( 3,f 1. 1 I 9 Fc`rn Pw #1?9 Rev Io/6o ) 4 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: Witnes/ �l ((C (Ai. Witness k LI-1 Wit ess Witness % ` (J STATE OF OHIO ) COUNTY OF MAHONING) MAYFAIR III, a Florida General Partnership BY: MAYFAIR III, INC., a Florida (;4 corporation � � 0 0 .D AMES R. LOSHINSKY, Secret ry ORPORATE SEAL 44'oy' REF. #5 I HEREBY CERIFY that on this 7U� day of 40i0(1X6k 1`_' A,D., 195 , before me personally appeared --,-) rc I�,, ��-cS/'C�/�f A. IC:L(t� G`f MAYFAIR 111, INC 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 they said instruments is the act and deed of said corporation. WITNESS my hand and official seal at County of Mahoning, and State of Ohio, the day and year last aforesaid, My Commission Expires: Notary Public, State of OF:ic) at,;Large APPROVED AS TO FORM & CORRECTNESS APPROVED �J City Attorney Director, Department of Public Works This Instrument Prepared by Department of Law City Of Miami, Florida 5 STATE OF FLORIDA ) ) SS COUNTY OF DADE ) I HEREBY CERTIFY that on this day personslll appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Joseph A. Garfield and Kenneth Trei ster as sole General Partners of J & K Mayfair III, a Florida General Partnership, which Partnership is a General Partner of Mayfair III, a Florida General Partnership to me well known to be the person(s) described herein and who ext'c:uted the foregoing instrument, and acknowledged before me that they executed the saine freely and voluntarily for the purpose therein expressed. WITNESS my hand and official seal at Miami County of Dade and State of Florida �� ... . this day of _ - �-f �, ���• A. D. I9 ;r My Commission Expires: ll Form - PW #236 Rev. 5/69 P/P Exhibit "C'• Page I of 2 BfID 35 66 ' 81 PERFORMANCE BOND (EXHIBIT "C") STATE OF FLORIDA ) COUNTY OF DADE ) ss CITY OF NII.AMI ) KNOW ALL MEN BY THESE PRESENTS: That we, MAYFAIR III, a Florida General Partnership, consisting of Mayfair III, Inc. and J & K Mayfair III, a Florida General Partnership, (hereinafter referred to as the "Principal"), and Firemen's Insurance Company of Newark, N.J. a Surety Company authorized 'to do business in the State of Florida, (hereinafter referrer ,to as the "Surety") are held and firmly bound unto The City of Miami, Florida, (herein- after referred to as the "City") in the penal sum of Two-bundred s--teen thousand a.nd - 00/100 Dollars ($ 21E . 00Q. 00 ) for the payment of which we bind ourselves, our successors and assigns, for the faithful performance of a certain written Agreement dated the day of `�n�!.�,�,�lZ - 19 81 , 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 MAYFAIR SUBDIVISION 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 SLCH 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 from the Director of the Department of Public Works of the City of the Princi- palls failure or neglect as aforesaid, the Surety will construct or cause to be constructer the improvements set forth in said Agreement; provided that, if the Director of the Department of Public NVorks of the City so elects, the Surety will pay to the City the sum estimated to construct or complete the improvements set forth in said Agreement, said -•_:m to be etiti-hated by the Department of Public NVorks of the City, and w4.1,1 pay to the Cr u -nd conti n-e',t ro--t E, s nd C -.. _'f F direct or ....... + t c-•t to P18 Exhibit "C" Page 2 of 2 twenty Seven( 27%) exceed t= hd `:aG per• cent thereof, iglus rc:asona6l(! attorneys' fees which the City may sustain an account of thu failure of the Principa! to carry ut:t and execute all of the provisions of said Agreerneiit; provided further that the City Commission of Miai-11i, 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 Principal and the Surety shall be jointly and severally liable thereunder to pay the City the final total cost of said improvements, together with any enginee:-ing and contingent t4'2^-V7 -even(27 %) costs, and any damages direct or indirect, not to exceed to XdO4 per cent 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, IN WITNESS WHEREOF, the parties hereto have caused this Perforrnance Bond to be executed in quadruplicate this 7th day of December A. D. 1981 . WITNESSES: � Principal (Individual) MAYFAIR III, a Florida General Partn rship By: J Ma it III, a Florida Ge ral(SEAL) AT (Corpor. atc: Seal) ATTEST: Secretary (Corporate Seal) � V,- AP.PFOVI ENO (SEAL) General Partner I (SEAL) Kann _th Trn i stnr (SEAL) as General Partner (SEAL) (SEAL) MAYFAIR III, a Florida General Partnership Mayfair III, Inc., a Florida Corporation Principal Gor oration) as General 1 1 .� Partner BY i LE GA LITI RDSERT. U. V.HREISER • Vice President Principal (Corporation) President N.J. Its - ttorney-ice*RA A vin A. Miller, Jr. Inn R & ty Building.—YnfinSictpwn. Qhin 4„�Q3 A. ••ess (Local) City Attorney Form PW # 155 Rev 1 1 / b? 0 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 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 I (we) have examined the complete Abstract of Title completely covering the period from the BEGINNING to February 8 A.D. 199-l_, at 8:00 A.M., inclusive, of the following described real property: (Describe only realty to be subdivided) Lots 5, 6, 19 and 20 in Block 1; that portion of the 10 foot wide strip lying between the North boundary of said Lots 5 and 6 and the South boundary of said Lots 19 and 20 in said Block 1; Lots 7 and 8 in Block 2, less and excepting the South 15 feet thereof; the South 5.00 feet of a 10 foot wide alley lying North of said Lots 7 and 8 in Block 2; Lots 17 and 18 in Block 2; the North 5.00 feet of a 10 foot wide alley lying South of said Lots 17 and 18 in said Block 2; all that portion of the right-of-way of Rice Street lying between Blocks 1 and 2 bounded on the North by the South right-of-way boundary of Florida Avenue and bounded on the South by the North right- of-way boundary of Grand Avenue; all in WILLIAM A. RICE SUBDIVISION of Block 15 of the Edward Pent Homestead, according to the plat thereof, recorded in Plat Book 1, Page 13, 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: Mayfair in the Grove, a Florida general partnership: as to Lots 7 and 8 in Block 2, less and excepting the South 15 feet thereof; the South 5.00 feet of a 10 foot wide alley lying North of said Lots 7 and 8; the South one-half of the West one-half of that portion of the right-of-way for Rice Street included in the above description. Mayfair III, a Florida general partnership: as to the balance of the above described property. 111.06-11 - PAGE 1 01 Y] 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 then the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. f 4. Any unrecorded labor, mechanics' or materialmens' liens. S. Zoning and other restrictions imposed by governmental authority. d SPECIAL EXCEPTIONS S 1. As to Lots 17 and 18 in Block 2, Lots 19 and 20 in Block 1, and interest in alley adjacent thereto, mortgage given by John R. Squitero, Trustee, to Raymond H. Wheatley, Jr., recorded May 5, 1981 in Official Records Book 11092, Page 649, Public Records of Dade County, Florida. 2. As to Lots 19 and 20 in Block 1, Covenant Running with the Land dated June 15, 1966, recorded in Official Records Book 5110, Page 385. 3. As to Lots 19 and 20 in Block 1 and Lots 17 and 18 in Block 2, Covenant Running with the Land dated October 25, 1971, recorded in Official Records Book 7428, Page 894. 4. Covenants Running with the Land affecting all that portion of the right-of-way of Rice Street lying between Blocks 1 and 2 of said William A. Rice Subdivision, bounded on the North by the Southerly right-of-way line of Florida Avenue, on the South _ by the Northerly right-of-way line of Grand Avenue, as such Rice Street existed prior to Resolution 81-723 of the Miami Zoning Board, vacating such right-of-way, said Covenants having been recorded on August 4, 1981 in Official Record3 Book 11175, Page 1240. 5. Option and Right of First Refusal Agreement between Mayfair in the Grove and The Equitable Life Assurance Society of the United States, a New York corporation, recorded October 22, 1980 in Official Records Book 10906, Page 1713, affecting Lots 7 and 8 in Block 2 (and other property not here concerned). 6. Mortgage given by Mayfair in the Grove to The Equitable Life Assurance Society of the United States, recorded October 20, 1980 in Official Records Book 10904, Page 593, affecting Lots 7 and 8 in Block 2 (and other property not here concerned). 7. Mortgage given by Mayfair in the Grove et al, recorded November 3, 1977 under Clerk's File No. 77R-273822, supplemented by mortgages recorded under Clerk's File Nos. 79R-11702, 80R- 38666 and 80R-38668. The mortgagee's interest therein is now owned of record by Gama Inac, Inc., a Pennsylvania corporation, by virtue of assignment recorded February 8, 1980 under Clerk's File No. 80R-38669. i 5 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 aforedesctibed property. the subdivision thereof to be known as MAYFAIR SUBDIVISION SPECIAL EXCEPTION NAME INTEREST NUMBER Mayfair III, a Florida general partnership Fee owner Mayfair in the Grove, a Florida general partnership " Raymond H. Wheatley, Jr. Mortgagee 1 The Equitable Life Assurance Society of the United States " 5 and 6 Gama Inac, Inc. " 7 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 �_. day ADDRESS It 1.06-11 - PAGE 2 33130 — - N to ell, 5 � x % ;.aLtY ns+r-u?A 1j December 2, 1981 TO Donald W. Cather, Director ! City of Miami. Public Works �' riaoM �arrlesR. RittenhouseTentative Plat 1029 Utility Engineer, WASA Mayfair Sub. ------------------- The above listed tentative plat has existing water supply to serve the property. Additional water mains will not be required unless there is demand for larger than 8" size. CRR:SN:ew cc: Al Mohr, Biscayne Engineering Truman Bryan, New Business SOUTH BAYSHORE fir' 1 A DRIVE. SU 8'D _So y V i to;. 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