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Home My WebLink AboutR-76-0516R/ts, 5/17/7b fit RESOLUTION NO, 76- 16 A RESOLUTION ACCEPTING A COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF LAND- SCAPING ALONG Ni W. 35TH STREET WEST OF N. W. 18TH AVENUE ABUTTING THE TREES SUBDIVISION AND AUTHORIZ- C7 05 ING THE DIRECTOR OF FINANCE TO RELEASE THE BOND IN THE AMOUNT OF $12,700.00 ACCEPTED BY THE CITY OF 01L) c. MIAMI TO GUARANTEE THE COMPLETION OF THE SUBDIVISION C.) 0 —I-4 IMPROVEMENTS. r "`^' ,c --I WHEREAS, on November 8, 1973, the City Commission passed `. I) and adopted Resolution No. 73-900 accepting the plat entitled ril THE TREES and the agreement between the City of Miami and Silvertown, Inc. for improvements. All of the required im- provements have been completed except for landscaping of the street right-of-way along N. W. 35th Street west of N. W. 18th Avenue abutting said subdivision; and WHEREAS, at the request of the owner we have studied the feasibility of placing landscaping along N. W. 35th Street west of N. W. 18th Avenue, and found that it would be in the best interest to postpone said landscaping until such time as it is decided what type of building will be constructed at this site and the location of the driveways can be determined, or at such time as required by the Director of the Department of Public Works; and WHEREAS, the Planning Department and the Director of the Department of Public Works recommend that a covenant be accepted postponing the immediate construction of landscaping along N. W. 35th Street west of N. W. 18th Avenue abutting the property platted, and that the Director of Finance be authorized to release the bond accepted by the City of Miami to guarantee all of the required subdivision improvements; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The covenant to run with the land executed "DOCUMENT.,__INDEX ITEM f� !?-------� by SItVERTOWN, INC. postponing the ittlmediate construction of landscaping along N. W. 35th Street west of N. W. 18th Avenue abutting said subdivision until such time as required by the Director of the Department of Public Works is hereby accepted. Section 2. The Director of Finance is hereby authorized to release the bond accepted by the City of Miami to guarantee the completion of the subdivision improvements at the THE TREES subdivision executed by SILVERTOWN, INC. as principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as surety in the amount of $12,700.00. PASSED AND ADOPTED this 27TH day of MAY 1976. City Clerk i PREPARED/ND AF - -- S. . $'terbenz, BY: Counsel c AND CORRECTNESST hn S. Lloy ,City Attorrfey V!AUR I CE A. FERRE MAYOR n' ;;[ i ; _.. N +sue I ciTY OF MIt MI, FLORIDA ItJTE:F;` ;)FF CE MEMORANDUM P. W. Andrews City nanager rnnM `Cpitt E . G15itti71Jr. ector / ( r.- , . •, 6 r` tte!A: off Public Works II,1f: May 10, 1976 F'tI.1 Cadastra. .1111.! F. C. 1 THE TREES _ Resolution Accepting L Covenant Postponing Landscaping tlar�rro� t� ;! 1 Covenant On November. 8, 1973, the City Commission passed and adopted Resolution No. 73-900 accepting the plat entitled THE TREES and the agreement be- tween the City of Miami and 3iive r: tcd,vn, inc . for improvements. All of the required improvements have 'creen completed except for landscaping of the street right -of -may 35th Street west of N.W. 18th Avenue abutting said subdivision. At the request of the owner. we have studied the feasibility of placing landscaping along N.W. ?5t,: Street west of N.W. 18th Avenue, and found that it would be in the b st: interest to postpone said landscaping until such time as it is decided what type of building will be constructed at this site an.i .he location of the driveways can be determined, or at such time as required by the Director of the Department of Public Works. The Planning Department an6 the Director of the Department of Public Works recommend that a covenant be accepted postponing the immediate construction of landscaping along N.tq. 35th Street west of N.W. 18th Avenue abutting the property p1attcd, and the Director of Finance be authorized to release the boad accepted by the City of Miami to guaran- tee all of the required subdivision improvements. THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS THE ADOPTION OF A RESOLUTION ACCEPTING THE ATTACHED COVENANT TO an WITH THE LAND, EXECUTED BY SILVERTOWN, INC., POSTPONING THE IVi.� DIATE CONSTRUCTION OF LANDSCAPING ALONG N.W. 35 STREET WEST OF N,. 18T . AVENUE ABUTTING THE TREES SUB- DIVISION; AND AUTHORIZING THE DIRECTOR OF FINANCE TO RELEASE THE BOND IN THE AMOUNT OF $12,700.I?:"' ACCEPTED BY THE CITY OF MIAMI TO GUARANTEE THE COMPLETION OF THE SIJBPT VISION IMPROVEMENTS. VEG : GP`J : j t "SUPPORTIVE DOCUMENTS FOLLOW" c 9367 874 ,,.; 6R 1a`3Sa31 COVENANT TO RUN WITH THE LAND WHEREAS, SILVERTOWN INC., (hereinafter referred to as "the OWNER" or "he", irrespective of actual gender and number, and meaning either singular or plural and including heirs, assigns and successors in interest thereof, where the context so requires or admits) is the present fee simple owner of a subdivision entitled THE TREES as recorded in Plat Book 98, at Page 21, of the Public Records of Dade County, Florida; and WHEREAS, The City of Miami, a municipal corporation in the State of Florida, in the County of Dade, (hereinafter referred to as the "CITY"), pursuant to Chaper 54, Section 54-20 of THE CODE OF THE CITY OF MIAMI, FLORIDA, requires the OWNER to construct or cause to be constructed at no expense to the CITY, landscaping on N.W. 35 Street West of N.W. 18 Avenue abutting said subdivision; and WHEREAS, the OWNER asks to be relieved of his obligation to construct the aforementioned improvement at this time, and in consideration of the forbearance of the CITY he agrees with the CITY that he will at his own expense construct the aforementioned improvement at such time in the future as he is notified by the CITY that the aforementioned improvement is necessary or desirable; NOW, THEREFORE, in consideration of the premises herein set out, the OWNER hereby covenants and agrees with the CITY to construct or cause to be constructed at the expense of the OWNER, and without cost to the CITY, the aforementioned landscaping improvement on N.W. 35 Street West of N.W. 18 Avenue abutting the aforesaid sub- division, upon thirty (30) days written notice from the Director of the Department of Public Works of the City of Miami, Florida. It is expressly agreed that this obligation shall be binding upon the OWNER, his heirs, successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to the aforesaid subdivision or any portion thereof. In the event that the OWNER or any future fee simple owner of any lot in said subdivision shall fail to cause the aforementioned improvement on N.W. 35 Street West of N.W. 18 Avenue abutting the property platted as herein provided within thirty (30) days after the mailing of the written notice from the Director of the Department of Public Works of The City of Miami, Florida, then the City Manager of The City of Miami, Florida, shall act as agent of the OWNER or any fee simple owner of any lot or parcel described in said written notice, which agency is hereby specifically created, and said City Manager shall cause the aforementioned improvement to be constructed at the expense of the OWNER and/or said fee simple owner, and the amount of such construction ccJzt cha.11 he declared and established as a lien on the property of such defaulting OWNER and enforced as any lien for materials furnished and work and labor done, as provided under the Statutes of Florida. 1 ti. R 4`E nc AL9367 c 875 IN WITNESS WHEREOF the OWNER has caused this instrument to be executed this job day of /4Ry A.D.) 1976. Signed) S a1.ed and Delivered ilr.101FT eseence f: ess W. > 7 • [ l:; ness Witness SILVERTOWN) INC. Secretary CORPORATE SEAL ..at. t. r.,` STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this -.'d day of ,.i?1-ram A.D. 1976, 'efore me personally appeared F. G. MURPHY and LOTS L. NEWLAND e ofSILVERTOWN corporation President and Secretary, respectively INC.,, A under the laws of the State of Florida, to be 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 pruposes 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. 1 ; .WII4Ea5 my hand and offical seal at Miami, County of Dade, and Lat.n: of F1crida, the day and year last aforesaid. • Nfslnr+ ra-I;r.,, .`?' ta< r„ w r; Vic, r: Lace _ /� t:nn•-rt�,sio!1 Gii`:r•� P'_,. :1,, 1 7 i' My.,.Commi.. ion Expires: APPROVED AS TO FORM This instruthel't accepted pursuant tq .;Resolution NoL 76-516 Passed and aun' t “Ma ' 7, 1976 THIS INSTRUMENT WAS PREPARED BY: MONTAGUE ROS ENI3ERG DEPAItTMENT OF L.AW CITY OF MIAMI . A-to-.,.t Notary Public, State of Florida at Large 11, BY: "a}azt-ebi-140--•- Attest: As City M.nager As Cit, Clerk RECORDED IN OUICtAL RLCURO$ bOU. OF DADE CDUNIY, FLORIDA. RECORD VERIFIED RICHARI) P. BRINKER. CLERK ; I?.0 JU COURT