Plat Improvement Agreement CArev2
RIGHT-OF-WAY IMPROVEMENT AGREEMENT BETWEEN
CITY OF SOUTH MIAMI AND GLORIA BETANCOURT,
TRUSTEE
THIS AGREEMENT is entered into on this ______ day of February, 2014 by and
between GLORIA BETANCOURT, TRUSTEE OF THE GLORIA BETANCOURT
REVOCABLE TRUST DATED MARCH 1, 2011 (Owner) and the CITY OF SOUTH
MIAMI, a political subdivision of the State of Florida (City) and
WHEREAS, Owner owns real property (the Property) located in the City and
generally described by tax folio number 09-4035-000-0020 and located at the southeast
corner of the intersection of SW 68 Avenue and SW 72 Street and legally described on
Exhibit “A” attached hereto; and
WHEREAS, Owner has an application for Final Plat pending with City and the
City’s Code (specifically Section 17-9) requires an agreement to accompany any
proposed plat of lands in order to provide for “the construction of street paving, parkways
and other improvements within such proposed subdivision as well as the public right-of-
way adjoining the real estate in accordance with the city’s specification” and;
WHEREAS, in order to comply with Section 17-9 of the City of South Miami
Code, the Owner and the City hereby enter into this Agreement to accompany Owner’s
pending plat request based on the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions herein stated, the parties stipulate and agree as follows:
1. The above referenced recitals are true and correct.
2. The Owner shall construct the right-of-way improvements reflected on the
proposed Plat of Grandiose Subdivision, which improvements include the widening of
SW 68 Avenue to a paved width of twenty (20) feet for that portion of SW 68 Avenue
that abuts and runs parallel to the west boundary of the Property together with paving
improvements to the southeast corner of the intersection of SW 68 Avenue with SW 72
Street and in accordance with the city's specifications and at the expense of the owners of
the land to be subdivided
3. The above referenced paving requirements may be amended by the City
after review of the tentative plat.
4. Owner shall remit the requisite security (bond; letter of credit; cash or
other acceptable security) for the performance of the construction of the required
improvements (Performance Bond) as required in Section 17-9 of the City’s Code.
Owner shall be responsible for all costs and fees related to the Performance Bond. Said
Performance Bond shall remain in force and effect until such time that the required
right-of-way improvements are completed. The Performance Bond shall accompany
this agreement.
5. Owner shall satisfy all state, county and City plan review, permitting and
construction standards.
6. All notices given or required under this Agreement shall be deemed
sufficient if sent by certified mail, return receipt requested or via hand delivery to the
address specified below, unless either party shall specify in writing different address for
the giving of notices. The return of a notice mailed to the address set forth below shall be
deemed completed even if the envelope is returned due to being unclaimed or due to
being undeliverable at said address. The date of delivery shall be the date of receipt or
the date of the postal notice concerning non-delivery.
7. The construction work is to be completed within one year from the date of
such submission unless provided otherwise in writing by the City Manager.
For the City of South Miami: Steven J. Alexander
City Manager
6130 Sunset Drive
South Miami, Florida 33143
Telephone: 305-668-2510
With Copy To: City Attorney
6130 Sunset Drive
South Miami, Florida 33143
Telephone: 305-667-2564
For Owner: Gloria Betancourt, Trustee
WE NEED AN ADDRESS
7. For the purposes of this Agreement, Florida law shall govern the terms
of this Agreement. Venue shall be in Miami-Dade County, Florida.
IN WITNESS WHEREOF, Gloria Betancourt, Trustee of the Gloria Betancourt
Revocable Trust dated March 1, 2011 this agreement is accepted and delivered on the date stated
above by the following signatories.
CITY OF SOUTH MIAMI
By: _______________
Steven J. Alexander
City Manager
ATTEST:
By: _______________________
Maria M. Menendez, CMC, FCRM
City Clerk
APPROVED AS TO FORM AND
CONTENT:
By:
Thomas F. Pepe, City Attorney
Gloria Betancourt, Trustee
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
ACKNOWLEDGEMENT OF PROPERTY OWNER
The foregoing instrument was acknowledged before me this _______ day of January, 2014
by Gloria Betancourt, Trustee, who is personally known to me or has produced as
identification.
Notary Public, State of Florida
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
ACKNOWLEDGEMENT OF CITY OF SOUTH MIAMI
The foregoing instrument was acknowledged before me this _______ day of January, 2014
by Steven J. Alexander, City Manager of the City of South Miami, on behalf of the City, who is
personally known to me or have produced and, respectively, as identification.
Notary Public, State of Florida
Print name: _____________
Commission No:
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