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HomeMy WebLinkAboutR-81-0501t r 1 ic7l T f, E IT' T 7 7 T` 7- jl� T 0 U C. f c C e 1-. C and record same in the Public Records of Dade County, Florida. CITY COMMISSON MEETING OF J U N 81 JIMUT*N Ic ................ ....................... 8 1 MAURICL A. FERRIC lky A I - 5 6 -L t :t?'.' ;'t ORIDA t;47:='i-i1�FtC= �:•1�i10r?,4�1G�[J'A Howard V. Gary City Manager Donald W. Cather ector of P i forks ".r . June 1, 1981 ``'_E " THE RENAISSANCE Resolution Accepting Proposed Record Plat located on S. °;Bayshore Drive at approx. S.E. 11 Street. (For City Commissior Meeting of June 25, 1981). 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 THE RENAISSANCE is a replat of portions of Lots 14 and 15, Block 104 S, "AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI (B-113) and will consist of one (1) tract having a total area of 1.84+ acres. It is zoned R-CB. 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 Department of Planning pertaining to landscaping requirements (6) Memorandum from the Miami -Dade Water and Sewer Authority pertaining to water mains and appurtenances (7) Portion of City Atlas Sheet No. 37 showing property platted colored in red THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS June 25, 1981 REPORT OF PROPOSED RECORD PLAT OF THE RENAISSANCE A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled THE RENAISSANCE was prepared by Schwebke-Shiskin & Associates, Inc. It is in correct form for submission to the City Commission and is forwarded with a recommenda- tion that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: (1) The property platted is a replat of portions of Lots 14 and 15, Block 104 S , "AMENDED MAP OF BRICKELL' S ADDITION TO THE MAP OF MIAMI (B-113) and will consist of one (1) tract having a total area of 1.84 acres. It is zoned R-CB. (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 Donald E. Burns, Registered Land Surveyor, this Plat complies with the plat filing laws of the State of Florida. (4) By authority of Resolution No. 81-81, adopted April 20, 1981, the Plat was recommended for acceptance by the City Zoning Board of Miami, Florida. Olt 04 (5) The attached Certificate of Title Examination dated April 15, 1981, signed by Herbert M. Suskin, Attorney, indicates that the fee simple title to the property platted is correctly vested in South Bayshore Development Corporation and the Plat has been correctly executed. (6) The area platted is encumbered by a mortgage and the mortage holders have executed the Plat and joined in its dedications. (7) In accordance with the requirements of Chapter 54, Section 54-20, of the Code of the City of Miami, an Irrevocable Letter of Credit No. 11213 in lieu of a performance bond or cashier's check in the amount of $130,000.00 has been signed by William L. Morrison, Executive Vice -President and John W. Messing, Vice - President of and for Pan American Bank, N.A., in favor of South Bayshore Development Corporation. This letter of credit will accompany the Agreement between the City of Miami and the Principal to guarantee the construction of Landscaping, Fill, Bulkhead, Sidewalk Removal and New Sidewalk. (8) The location of the property is shown colored in red on the accompanying copy of a portion of City of Miami, Flor- ida, Atlas Sheet No. 37. (9) The attached Resolution has been prepared for the accept- ance of the Plat by the City Commission of Miami, Florida. WKB : mf Walter K. Brown, Supervisor Cadastral Section S1 - 01 i AGREV%%!ENT FOR CONSTPUCTION OF CERTAIN' I.'1PR.OVEI'4ENTS PURSUANT TO PROVISIONS OF CHAPTER 54, SECTION 54-20 THE CODE OF THE CITY OF MIAklI, FLORIDA MAY 12, 1981_ tIPFREAS, SOUTH BAYSHORE DFVELOP'4HNI T CORPORATION, a Florida corporation (hereinafter referred to as the "Principal" and/or "Owner"), concurrently with the Oelivery of this Agreement, has applied to THE CITY OF MIAMI, FLORIDA (hereinafter referred to as the "City"), for the acceptance and confirmation by the Commis- sion of said City, of a certain proposed plat of a subdivision to be known as THE RENAISSANCE, 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 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 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 City, or prior to the issuance by the City of Miami of a Certificate of Occupany for the premises or within such longer period as the City shall reasonably determine, the Principal will construct, or cause to have constructed, at his own expense and in accordance with standard specifications of said Citv, 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 not in the public interest that such construction work should be 'Drolonced to the e tti'a` i` _;1 ? t�. s^rcan i inn e1:f-ct upon the noighbornOGd. After "._ 4:Or'-: ii S _carte!], the Principal hereby acrees to prosecute saprocr_tisi:'eI'i `=o as to com— p 1ete it in a reasonable I e nat., tine as rc-ascnab1y determined by the 0eparI—men, t of Public ,''c_ .�. -he -Pr _.:ciIca I here*-% agrees to atide r'.• all of the pro-.- i_ic-.- of the "Cuide _`or pork in the Public-Ficht -of - :ay", a copy c` �^.1 h is attached hereto and by �- this reference ,wade a part hereof. 2. In accordance with the provisions of said Chapter 54, Section 54-20, THE CODE OF THE CITY OF MI MI, FLORIDA, the Prin- cipal herewith tenders to the City a Letter of Credit in lieu of a Performnance Bond or Cashier's Check, duly executed by the Pan American Bank, N.A., in the of 5130,000.00, 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 thirteen (1?�) percent for engineering and contincent costs and damages, and upon ccmpletion of the con- struction of said improvements and subsecuent to the submission by the Principal to The City of Mliami Department of Public Works of a letter from a.Reaistered 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 Principal shall fail or neglect to fulfill his obligations under this Agreement, the conditions of said Letter of Credit shall be such that the Pan American Bank N.A. 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 improvements set forth in Exhibit "B" hereof, pay to the City of a sum up to the aggregate amount of $11-0,000.00. 4. The City shall have.the right to collect the sum estima- ted to construct or complete the improvements set forth in Exhi- - 2 - 81 -501 At. bit "13" ► said s, i to ± P e� i;mated ";y t�-a t _ .._ �=par",�ent r. t c oLPublic P7crks of the City, which shall incluce er.:iing and contingent costs and any damaces d reg,- or indirect, not to exceed 13% thereof, plus rcasoma `)le attorne';°s' fee= Which the City may sus- tain on account of the failure of tl'e pri.^,cipal to carry out and execute all of the orcvisions of this ?,.cprovided further that the city. Ccmmiss ion of Mliami, Florida, shall have the right to construct, or cause to be constructed, after public advertise- ment 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 thirteen (12%) percent 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 this Acree-went. Said Letter of Credit is attached hereto as Exhibit "C" and made a part hereof by reference. 5. The foregoing provisions of this Agreement notwithstand- ing, it shall be a condition precedent to Principal's obligation to construct the bulkhead as described in Exhibit "B" that Prin- cipal is able to obtain all necessary permits and approvals to perform such construction, including, but not limited to the approval of the U.S. Army Corps of Engineers. Further, it shall be a condition precedent to the City's right hereunder to execute a draft under the Letter of Credit attached hereto as Exhibit "C" that Principal have reasonable time, using all due diligence, to complete construction of the Bulkhead after having obtained the above -described permits and approvals. In the event Principal is unable to obtain the necessary approvals to construct the bulk- head as described in Exhibit "B", using all due diligence and in good faith, then Principal shall be relieved of its obligation to construct the bulkhead. - 3 - I�$1 -501 IN ;rITNESS P;NEREOF, the O�;NER has caused these presents to be executed and signed in its name by its proper officers, and its corporate seal to be affixed hereto the day and year first above set forth. Signed, sealed and delivered in the -presence of: /'�_ , v, Witnes Witness STATE OF FLORIDA) COUNTY OF DADE ) SOUTH HAYSHORE DEVELOPMENT CORPORATION cRobert Cantor, President (SEAL) REF. "5 I HEREBY CERTIFY that on this IZ� day of Y•-ilpt.D., 1981, before me personally appeared Robert Cantor as President of South Bayshore Development Corporation, a corporation under the laws of the State of Florida, to me known to be the person who signed the foregoing instrument as such officer and acknowledged the execu- tion thereof to be his free act and deed as such officer for the uses and purposes therein mentioned and that he affixed thereto the official seal of said corporation, and that the said instru- ment is the act and deed of said corporation. WITNESS my hand and official seal at Miami, County of Dace, and State of Florida, the day and year last aforesai AY'1U ... 11A, My Comission Expires: Notary Public, State of Florida at Larne APPRM7ED AS TO F02M & CORRECTNESS A_ JID o� r, City Attorney Director, Department of Public Works This Instrument Prepared by 1:7q rege'y, e s r?, Department of Law City of Miami, Florida - 4 - 81-501 EXHIBIT "B" TO ACCO'IPANY THE AGREEMENT BET14EEN THE CITY OF MIA MI, FLORIDA AND SOUTH BAYSHORE DEVELOPMENT CORPORATION FOR IMPROVEMENTS AT THE RENAISSANCE LOCATED ON SOUTH BAYSHORE DRIVE APPROXIMATELY S.E. 11 STREET %',LANDSCAPING FILL Approximately 4,600 Cubic Yards BULKHEAD (PILE & SLAB) Approximately 225 Lineal Feet SIDEWALK REMOVAL Approximately 470 Square Feet NEW SIDEWALK Approximately 470 Square Feet ESTIMATED COST OF IMPROVEi ENTS (10%) CONTINGENT (17%) ENGINEERING TOTAL AMOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $ 2,100.00 18,400.00 78,750.00 470.00 705.00 100, 425.00 10,043.00 18,779.00 $ 129,247.00 $ 130,000.00 *Information concerninb the landscaping requirements shall be obtained from the City of Miami Planning Department. 81-501 1*\ r�S4Cl: a°11�lk;L'���..aii.o�� )LiY�6 YYrLr p ` INTERNATIONAL DIVISION : Si Si^EFT PL P ,1 V1".11 FI.Oi; DA '1O1 1 c1: i I i'',N,I At f','.'.AB•='1' May 13, 1981 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 11213 City of Miami Department of Public Works 275 N.W. 2nd Street Miami, FL 33128 Gentlemen: rq ! C A7111 ' I We hereby establish our Irrevocable Standby Letter of Credit No. 11213 in you?y8om*snd*Vu favor in the amount of One Hundred Thirty Thousand and No/100 Dollars ($130,000) for the account of South Bayshore Development Corporation. This Letter of Credit is available to your draft at sight accompanied by a certificate executed by an authorized signatory for the City of Miami Department of Public Works that South Bayshore Development Corporation has failed to complete the improvements as specified in that certain Agreement dated May 12, 1981 between the City of Miami and South Bayshore Development Corporation regarding improvements in a proposed plat of a subdivision to be known as THE RENAISSANCE. This Letter of Credit shall be valid until one year from be automatically renewed for successive one year periods its issue unless at least thirty (30) days prior to any notify you in writing to the City of Miami, Public Works 275 N.W. 2nd Street, Miami, Florida 33128, that we elect Letter of Credit. Upon receipt by you of such notice yo your draft drawn at sight on us and accompanied by a sta authorized signatories of the Public Works Department to aforesaid bond is in full force and effect on that date. issuance and shall thereafter upon the anniversary of such anniversary date we Department Director, not to so renew this u may draw hereunder by tement signed by the effect that the We hereby agree with you that any draft drawn under and in compliance with the terms of this Credit shall be duly honored upon presentation of the drawee. Your draft must be dram and negotiated not later than May 14, 1982. Your draft further must state that it is drawn under Standby Letter of Credit No. 11213 on Pan Arierican Cank, N.A. Further, your draft must be presented to Pan American Bank, N.A. at its operating address at 250 S.E. First Street, Miami, Florida 33131 to the attention of Teresa Suarez, Vice President. This Letter of Credit is not transferable. Very truly yours, PAN At � ERI.CAN DANK, N.A. By: Wiffiam�L. Morriso Executive Vice President By: John W. Messing ,Vice President AETROPOLITAN 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 fu.nis`ed to DADE COUNTY, FLORIDA, _ in cc--pliance 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 X(tire) have examined the complete Abstract of Title completely covering the period from the BEGLti`NLNG to Uril 15, A.D. 19 81 , at B:Z A.�`., inclusive* of the follov.ing described real property: 7:30 (Describe only realty to be subdivided) *(together with a Certified Printout of Title Information from Lawyer's Title Services, Inc. from the date of said abstract through and including April 14, 1981). All that part of Lots 14 and 15, Block 104 South, "AMENDED MAP OF BRICKELL'S ADDITION TO THE MAP OF MIAMI", accordin5r•to the Plat thereof, as recorded in Plat Book 0tt Page 113, of the Public Records of Dade County, Florida, that lies Southeasterly of the Southeasterly right-of-way line of South Bayshore Drive, lying and being in Section 38, Township 54 South, Rance 41 East, City of Miami, Dade County, Florida. r and Title Information Printout Basing my (our) opinion on said complete abstract/covering said period X (we)),�(are) of t..%e cpinicn that or. the last mentioned date the fee simple title to the above described real propert}, was vested in: SOUTH BAYSHORE DEVELOPMENT CORPORATION, a Florida corporation 111.0E-11 - PAGE 1 81 -ri01 Subject to the following encurnbrances, 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 Fetsons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, r•.lechanics' or rnateria!mens' liens. 5. Zoning and other restrictions imposed by governmental authoritt•. SPECIAL. EXCEPTIONS 1. No opinion is offered as to riparian or other water rights. 2. Any and all rights and easements for commerce, navigation, recreation and fisheries, of the United States Government arising by reason of the United States Government's control over navigable waters. 3. Mortgage from South Bayshore Development Corporation in favor of Pan American Bank, N. A. dated July 21, 1980 and recorded July 21, 1980 in O. R. Book 10816, at Page 366, of the Public Records of Dade County, Florida. 111.0E-11 - Pi.GE 2 1 81 - C O 1 Therefore it is X-X (our) opinion that the following parties :gust join in the platting of the above described real property in order to grant DADE COUINTY, FLORIDA, and the public, a good and r proper title to the dedicated areas shown on the final Plat of the afcredescribed property, the subdivision thereof to be known as SPECIAL EXCEPTION NAME INTEREST NUMBER South Bayshore Development Corporation Fee Owner N/A Pan American Bank N.A. Mortgagee 3 F, 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 &e Florida Bar. 111.C•E_11 - PLrE 3 Respectfully submitted this 17th day of April ' 19 81 GRE=RG, TRAURIG, ASKEW, HOF NW, LIPO ; IEL & , P.A. By 4 / Herbert M. Suiskin 1401 Brickell Avenue cc Miami, Flor daR33131 k, $1'-501 - f P 'r Donald W. Cather, Director April 2 , 1981 City of Miami Public Works 3312 s Ray Stiff f Tentative Plat No. 1120-:? Utility Liaisongineer "The Renaissance" Miami -Dade [dater & Sewer Authority The above listed tentative plat has existing water mains to serve the property. Unless there is an unusual use requiring more than a 12-inch size, additional water mains are not required. RS:SN:ew cc: Greenberg-Traurig r03719LVL2 s;jNCM•S(ld • bI 1; �ti , f GeV V .. 3r 1 in � SAFETY ZONE A • , : , I R ACE S A F 2a 4 19 IQ • p ,) 101 s 4 :g to 150 13 h ry j re= ••� I S T 's f `ems 4 5 ; 104COD 58 TA TEStp _ Bq \� 1 YSNORE CAL- S . RA c ° o n co QD 44 A 1• G 9�vQ :, -ac Tf?Ac-r s 10 Hrei ' s s 4 T so S S 3 A ER g_ A o a a 5 7 s 1 4 J.- So t03 ' I �:•i t 10 DED 140 ...a.4,. C.° 6p 3p1022 24 .. Sq a,,= ` 1 v 100 SO fee J 60 n 3 63 BR/c,f� ,r. Z.w./0• �,''�: •.V• � �N:i •'�:.Z .}' - .. 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