HomeMy WebLinkAboutR-81-0216AS
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RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLAT ENTITLED
B-L-K SUBDIVISION, A SUBDIVISION IN THE
CITY OF MIAMI; AND ACCEPTING THE DEDICA-
TIONS SHOWN ON SAID PLAT; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR TIIE RECORDATION OF SAID
PLAT IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA.
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 CO'iDIISSION OF
TILE CITY OF MIAMI, FLORIDA:
Section 1. The Plat entitled "B-L-K SUBDIVISION, being;
a resubdivision of I..ots 1,35557,9,11,13,15,17,21 and the
North 1/2 o l- Lot ".�" , "_V\IENDr') PLAT OF 'MIRADO COURT", according
to the plat thereof, as recorded in Plat Book 14, at Pale 14,
and Lots 4,5, less the North 5 feet, 6,7,8,9 and 10 and the
10-foot strip South of said lots, Blocic 3, "AMENDED PLAT OF
HIBISCUS PLACE", according; to the plat thereof, as recorded
in Plat Book 3, at Pa;;e 110, of the Public Records of Dade
County, Florida, all lying; in Sections 39 and 40, Township 54
South, Ran;e 41 East, City of Miami, Dade County, Florida,
which by reference is made a part hereof as if 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.
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Section 2. The City Manager and the City Clerk
are hereby authorized and directed to execute the Plat.
PASSED AND ADOPTED this
ATTEST:
'CITY XLERK
17 day of MARCH , 1981.
PREPARED AND APPROVED BY: APPROVED AS TO FOR.\i AND CORRECTNESS:
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ASSISTANT CITY AXTTORNTEY RO ERT F. CLARK, ACTING CITY ATTORNEY
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Richard L. Fosmoen March 4, 1981 -=
City Manager
B-L-K SUBDIVISION
Resolution Accepting Proposed
Record Plat located on
Donald W. Cather Brickell Avenue and S.E.
Director of Public Works 13 Street (For Commission
Meeting of March 17, 1981).
The Department of Public Works recommends
the approval of the plat by the City Com-
mission of Miami, Floridp, and certifies
its correctness as to form.
The proposed record plat entitled B-L-K SUBDIVISION is a
replat of portions of "THE AMENDED PLAT OF HIBISCUS PLACE"
(3-110), and of "THE AMENDED PLAT OF MIRADO COURT" (14-44)
and will consist of one (1) tract having an area of 2.063+
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
DIX : AL: m f
'14
THE CITY OF MIAMI, FLORIDA
DEPARTMENT OF PUBLIC WORKS
March 17, 1981
REPORT OF PROPOSED RECORD PLAT OF
B-L-K SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA -
The accompanying Plat entitled B-L-K SUBDIVISION was
prepared by Ten BroeCk 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 portions of "AMENDED
PLAT OF HIBISCUS PLACE" (3-110), and of "THE AMENDED PLAT
OF MIRADO COURT" (14-44) and will consist of one (1) tract
having an area of 2.063+ 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 B. William Ten Broeck, 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
S.E. 13 Street between Brickell Avenue and South Bayshore
Drive. This action was confirmed by City Commission
Resolution No. 80-475.
(5) By authority of Resolution No. 158-80, adopted July 21,
19801 the Plat was recommended for acceptance by the
City Zoning Board of Miami, Florida.
(6) The attached Certificate of Title Examination dated
Feb. 25, 1981, signed by Norman T. Roberts, Attorney,
indicates that the fee simple title to the property
platted is correctly vested in 1221 Brickell Developers
and the Plat has been correctly executed.
(7) The area platted is encumbered by a mortgage and the
mortgage holders have executed the Plat and joined in
its dedications.
(8) 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. SB-364 in lieu of a
performance bond or cashier's check in the amount of
$90,000.00 signed by Miguel Cano, Vice President and
Elizabeth M. Passela, Vice President of and for
Biscayne Bank, in favor of 1221 Brickell Developers.
This letter of credit will accompany the Agreement
between the City of Miami and the Principal to guarantee
the construction of Landscaping, Asphaltic Concrete
Pavement, Removal of Existing Sidewalk, Removal of
Existing Curb and Gutter, Sidewalk, Curb and Gutter,
Pavement Overlay, Storm Drainage Structures, Sanitary
Sewers, Curb Removal, and Fill.
(9) The location of the property is shown colored in red
on the accompanying copy of a portion of City of Miami,
Florida, Atlas Sheet No. 37.
(10) The attached Resolution has been prepared for the accept-
ance of the Plat by the City Commission of Miami, Florida.
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Walter K. Brown, Supervisor
Cadastral Section
AGREEMENT FOR CONSTRUCTION OF CERTAIN 114PROVEMENTS
PURSUANT TO PROVISIONS OF
CHAPTER 54, SECTION 54-20
THE CODE OF THE CITY OF MIAMI, FLORIDA
1221 BRICKELL DEVELOPERS, a Florida
WHEREAS, general partnership (hereinafter
referred to as the "Principal" and/or "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 pro-
posed plat of a subdivision to be known as the BLK Subdivision
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 Occupancy for
the premises, the Principal 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 here-
to as Exhibit "B" and made a part hereof. Although one year is allowed
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for the completion of the aforementioned improvements, it is 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 Principal 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.
The Principal hereby agrees to abide by all of the provisions of the
"Guide for Work in the Public -Right -of -Way", a copy of which is at-
tacked hereto and by this reference made a part hereof.
2. In accordance with the provisions of said Chapter 54,
Section 54-20, THE CODE OF THE CITY OF.MIAAII, FLORIDA, the Principal
herewith tenders to the City a Letter of Credit in lieu of a Perform-
ance Bond or Cashier's Check, duly executed by.the BISCAYNE BANK
in the amount of $90,000°O which amount is not less than one
hundred (IOOio) percent of the estimated cost of the construction of
the improvements listed in the attached Exhibit "B", plus thirteen
(13%) percent for engineering and contingent costs and damages, and
upon ccmpletion of the construction of said improvements and subse-
quent to the submission by the Principal to The City of Miami:Uepart-
ment of Public Works of 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 Principal shall fail or neglect to fulfill
his obli-ations under this Agreement, the conditions of said Letter
of Credit shall be such that the BISCAYNE BANK 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 improvments set forth in Exhibit "B"
hereof, pay to the City a sum up to the aggregate amount of $90,000.00
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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 13% thereof, plus reasonable attorneys'
fees which the City may sustain on account of the failure of the princi-
pal to carry out and execute all of the provisions of this Agreement;
1
provided further that the City Commission of Miami, Florida, shall have
the right to construct, or cause to be constructed, after public adver-
tisement 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 con-
tingent costs, and any damages direct or indirect, not to exceed
thirteen (13`ia) 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 Agreement. Said Letter of Credit
is attached hereto as Exhibit "C" and made a part hereof by reference.
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I;d WITNESS WHEREOF, the ou-ner has caused these presents
to be executed and signed in its name by its general partner, the
day and year first above set forth.
Signed, sealed, and delivered
in xhe presence of:
(CORPORATE SEAL)
STATE OF FLORIDA) SS:
COUNTY OF DADE )
1221 BRICKELL DEVELOPERS, a
Florida general partnership
By: Borroto/London/Koroglu
Company, �,�,Florida corporation,
general l"g'htner
B�1�x r "� y
WiltriUo Borroto , President
Attest:_l�l-- _
Hakki Koroa�l�u, Secretary
I HEREBY CERTIFY that on this k day of
198C personally appeared Wilfredo Borroto, as President, and Hakki
Koroglu as Secretary, of Borroto/London/Koroglu Company, a
Florida corporation, general partner of 1221 BRICKELL DEVELOPERS,
a Florida general partnership, to be known to be the persons who
signed the foregoing instrument as such officers of Borroto/
London/Koroglu Company,a Florida corporation, 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 At and deed of said corpora-
tion.
WITNESS my hand and official seal at Miami, County of
Dade, State of Florida, the day and year last aforesaid.
Notary-, u lic, State of Florida
at large
My commission ex fires=AD KAIIC Si ATE OF FUXU ► AT 1AU
P r COiumSlon LUMS M :3 t"3
«ifs ilia GO&M 96. UNWWWO
APPROVED AS TO FORM AND CORRECTNESS: APPROVED:
City Attorney
This instrument prepared by:
Department of Law
City of Miami, Florida
Director, Dept. of Public Works
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BISCAYNE BANK
350 BISCAYNE BOULEVARD irdMIAMI, FLORIDA 33132
(305) 358-7700
IRREVOCABLE COMMERCIAL LETTER OF CREDIT
No. SB-364.
DATE October 10, 1980.
City of Miami
Dept. of Public Works
275 N.W. 2nd Street
Miami, Florida 33128_-
GENTLEMEN:
WE HEREBY AUTHORIZE YOU TO DRAW ON Biscayne Bank
350 Biscayne Blvd. Miami, Florida
BY ORDER OF 1221 Brickell Developers & Co. f
Suite 5, 50 West Mashta Drive, Key Biscayne, Florida
AND FOR ACCOUNT OF same
33132.
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33149.
m rrRNA}IONAE DIVISION
CABLE ADDRESS:
BISC BANK MIA
TELEX No. 803193
TRT TELEX No. 152286
UP TO AN AGGREGATE AMOUNT OF Ninety Thousand and 00/100 U,S,Dol1ars. **$90,000.00**
AVAILABLE BY YOUR DRAFTS AT Sight covering 100ci invoice value.
ACCOMPANIED BY
A certificate of City of Miami Public Works Director, that 1221 Brickell Developers
has failed to complete the improvements as specified in Agreement dated October 8, 1980
between City of Miami and 1221 Brickell Developers, for BLK Subdivision.
This irrevocable Letter of Credit shall be valid until October 10, 1981 and shall
thereafter be automatically renewed for successive one-year periods upon the anniver-
sary of its issue unless at least sixty (60) days prior to any such anniversary date
we notify you in writing to the City of Miami Public Works Director, that we elect
not to so renew this irrevocable Letter of Credit. Upon receipt by you of such
notice you may draw hereunder by your drafts drawn at sight on us and accompanied
by a statement signed by the Director of the Public Works Department to the effect
that the aforesaid bond is in full force and effect on that date.
DRAFTS MUST BE DRAWN AND NEGOTIATED NOT LATER THAN October 10, 1981. EACH DRAFT MUST
STATE THAT IT IS "DRAWN UNDER LETTER OF CREDIT OF THE BISCAYNE BANK, No. SB-364.
�•�Il;i;cy' .
DATED October 10, 1980 AND THE AMOUNT THEREOF ENDORSED ON THIS LETTER OF CREDIT.
WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER ANC, IN
COMPLIANCE WITH THE TERMS OF THIS CREDIT THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRE$gNTATION TD T+iE
DRAWEE.
'I:N: ESS OTHFHA SE C. �1+ESS..Y _AED:T Y011R* VERY•TRRLY,
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C 'N U:J',. A•C Y-AVly 4F:' +S' M[ ' . ,.`i H � / ` .A•
Elizabeth M. Passela Miguel Cano
Vice President Tic• President.
ESTIMATED COST OF IMPROVEMENTS 789866.00
(13%) ENGINEERING AND CONTINGENT 103,253.00
TOTAL $ 89,119.00
ATIOUNT OF PERFORMANCE BOND OR CASHIER'S CHECK $ 90,000.O0
%Information concerning the landscaping requirements shall be
obtained from the City of TIiami Planning Department.
`wr ZZ
METROPOLITAN DADE COUNTY - PUBLIC WCP,KS
ENGINEERING - SUBDIVISION CONTROL
OPIN1061 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 1
subdivision plat coveting the real property hereinafter described. It is hereby certified that I (we) have
xa�m- d the2�omplete Abstract g1 Title completely covering the period from the BEGLYNi;(G to
�e�ruanr A.D. 19 t5
at 8:00 A.M., inclusive, of the following described real property:
(Describe only realty to be subdivided)
Lots 1,•3, 5, 7, 9, 11, 13, 15, 17, 19, 21 and the "forth 1/2 of Lot "A" of MIRADO
COURT, according to the Plat thereof, as recorded in Plat Book 5, at Pape 51, and the
amended Plat thereof, as recorded in Plat Book 14, at Page " , of the Public Records
of Dade Count,,,, Florida
and
Lots 4, 5, less the :k)rth 5 feet, 6, 7, 8, 9, and 10; and the 10-foot strip South
of said kits, in Block 3, of HIBISCUS PLACE, XN',E,DED, according to the plat thereof,
as recorded in Plat Boot: 3, at Page 110, of the Public Records of Dade County, Florida.
f
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:
1221 Brickell Developers, a Florida general partnership
111.C6-11 - PAGE 1
op
Sub;ect to the iollowing encur-brances, liens, and uther exceptions:
GENERAL EXCEPTIONS
1. All taxes for the year in which this opinion is tendered, unless noted below that such taxes have been
pa id.
2. Rights of petsons other than the above owners who are in possession.
3. Facts that would be disclosed loon accurate survey.
4. Anv unrecorded labor, mAchanics' or materialmens' liens.
S. Zoning and other restrictions imposed by governmental authority.
SPECIAL EXCEPTIONS
6. Mortgage from 1221 Brickell Developers,%a Florida general partnership, in favor
of Westfield Financial Corporation, a Delaware corporation, dated Febm-iry 23, 1981
and filed for record February 24, 1981 in Official Records Book 11024, at Page 787,
of the Public Records of Dade County, Florida.
I11.C6_11 - PAGE 2
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Therefore it is my (our) opinion that the following parties must join in the Platting of the
abu•:e described :eat proeerw In order to i;rant DADE COUNTY. FLORIDA. and the public, a goy and
proper t►tic to the dedicated areas .::►own on the final Plat of the iforedescfibud property, the subdivision
thereof to be known as BLk Subdivision
SPECIAL. EXCEPTION
NAME INTEREST NWA8ER
1221 Brickell Developer's, ,
a Florida general ,
partnership Fee Owner'-
Westfield Financial Holder df '
a
Corporation, a Dela- First rbrtgage 6
ware corporation
"'Borroto/Landon/Koroglu Company, a Florida corporation, as general partner of
1221 Brickell Developers, a Florida general partnership, is authorized under its
partnership agreement to exercise all plats on behalf of the partnership
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice
in the State of Flucida, and am a member in good standing of the Florida Bar.
111.C6-it — PAGE l
Respectfully submitted this irrl day
of March 19
Norman Roberts, P.A
By: / L
N A E:
No T. Roberts
50 W. Mashta Drive Suite 2
ADDRESS
Kev Biscayne, Florida 33149
6M
Am
Donald W. Cather, Director
City of tlliami Public Works
Ray Stiff, -'Utility Liaison Engineer
Miami -Dade ;•later & Sewer Authority
March 4, 1981
,. _. Tentative Plat -To. 1081
P.LK Ejubdivision
The above listed tentative plat has existing water mains to serve the
property. According to the agreement with the Authority, a 16" water
main will be constructed to serve the property.
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Don Cather, Director % August 28, 1980
Public Works �'� Landscape Requirements -
B.L.K. Subdivision
Tentative Plat � 1081
Jim Reid, Director
Planning Department
The Planning Department recommends the following- landscape treat-
ment:
1. Seven (7) shade trees to be planted in the -parkway.
Any combination of the following listed trees will
be acceptable.
a. Golden Shower - Cassia fistula
b. Jacaranda - Jacaranda acutifol.ia
c. Pongam - Pongami pinnata
Black olives or Mahogany will not be accented
These trees to conform to the following standards.
Grade - Florida # 1 or better
Height - 8 to 10 feet overall
2. The parkways (approximately 4S0 square feet) to be
planted with solid sod Saint Augustine grass of the most
advanced strain.
Top soil needed to insure proper growth to be provided
to a minimum depth of four (4) inches.
• Estimated total cost of landscaping - $1,180.00
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_ Plat File (3 )
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