The URL can be used to link to this page

5700-5794 SW 76 TERR MISC PALM PLAZA APTS 5 OT 00 ' 03 LO L4 r 4 20 561 5 8 L C Arc 58,1 0 D 0 3�C 2 5-7 S.W. 74 TERR 0', A 1. V) 07 24 5 5 u, o, u in 081 TPAC-i U 3 7 08 9 1w 25 se —ST,ro 4 74-C, Also folio 51'. 1 09-4036-059-001/016 75(6 751,5 .xox 7501) `-11 7500 75�', FIELD VILL Si % 751t, 25 511 1 7 05 L I I I 1 05 25 1131 t04,) 111R 6 10% 59/4, ME i JSER 7532 77 5 3 .0 71 IIJ5 = 4 4 SD MO2 754:: 5 ------25,25 wo -j L 50 0.7 5sbz 761)1) 50 01 02 03 04 04 761,)l 979-, 5 977�' 974' 5 7-72'� 7' 1,74'r"52 T 76ECi S.W. 76 T R R. 5864 5774 571-1 5744 763C, 203 7t,411 125 25 50 5� OS 1104 50 5 5827 b 57�'5 5701 ;tLn 5. 39 '765 5751 S.W. 77 TERR. 0 ndc 5140 t., 57 5764 5740 -Inn 4 4 N4 !I 16 15 141 13 SIi1 28 27 26 25 24 23 21 22 5n S.W.°78 ST. 701)] 78I0 . 1 12 7,81 u ..x X14.1 14 1os 7801 I ii pain -113LI 7:D E i) 82 7 ' c, P21 7820 I •r 03 72,1 7e3C, -8 N 7`.-.i1 09 7 7 \ 50 METROPOLITAN DADS,070UNTY, FLORIDA � METRO•DADE �vO� D METRO-DADE CENTER PUBLIC WORKS DEPARTMENT SUITE 1610 111 N.W. 1st STREET MIAMI, FLORIDA 33128.1970 August 7, 1987 Mr. John R. Dellagloria City Attorney 6130 Sunset Drive South Miami, Florida 33143 Re: SW 58 Avenue and 77 Terrace, SW 58 Avenue and 74 Terrace Traffic Engineering Study Request No. 21884, 38538 Dear Mr. Dellagloria: This is in response to your recent request for the installation of 4-WAY STOP signs at the above subject locations. An examination of the traffic conditions and physical characteristics of the locations was made to determine the need for 4-WAY STOP signs. Our evaluation of the traffic engineering data revealed that the existing traffic control devices at these intersections are at an acceptable level, and that the vehicular volume and other operational characteristics fall short of meeting the required criteria set by the Public Works Department for 4-WAY STOP installation. The Public Works Department will, however, continue to make the necessary modifications to the traffic control devices, should conditions change in the future. A field review of these locations revealed the presence of a visual obstruction to westbound motorists on S.W. 77 Terrace in the form of a tree near the south property line of the house on the southeast corner. We have contacted the South Miami Public Works Department August 7, 1987, by phone to advise them of this obstruction. While we regret we cannot comply with your request, we are pleased to have been able to look into this matter for you. V truly y4---,V�Pedro G. Her Chief, Highway Division PGH:JC:en Equal Opportunity/Handicap Employer/Services Adilk CASH PERFORMANCE BOND FOR 'SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS: That BA21 onst runt inn Tnr and Z02Llyar Corn hereinaf: called the -Principal, is held and firmly bound unto the City of South Miami, a municipal corporation of the State of Florida, in the penal sum of Twenty-Eight Thousand Dollars ($_ 28 ,000 . 00 which sum ig deposited by the Principal in a letter of credit with the Finance Director of the City• of South Miami, for the faithful performance of a certain written agreement dated June 9 , 1981 ._, given b• the Principal to the City of South Miami, for the construction and maintenance of subdivision improvements in a certain subdivision known as : . Harris Estates a copy of which agreement is attached and by this reference made a part here NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall comply in all respects wifh the terms and conditions of said agreement, with the times. therein specified, and shall in every respect fulfill his obligations thereunder, this obli.gatiorl. shall be �oid and the letter of `credit deposited shall be returned without interest to the Princip by the Finance Director; otherwise this obligation shall remain in full forc and the Principal, its heirs, executors, administrators, successors and assigns do hereby irrevocable agree that within the time limit specified in the letter of credit the City Finance Director, upon certificate of the City Bldg. & Zoning Director that the Owner has failed to complete the improvements shall collect the full amount of the letter of credit which shall be applied to the construction of those improvements not completed by the Owner. Upon receipt of the total amount of money specified in the letter of credit, the City shall proceed .as rapidly as possible to construct to be constructed and maintained pursuant to and maintain or cause public advertisement and receik and acceptance of bids, said uncompleted subdivision improvement 04ner agrees that upon completion of such construction and s' and the final total cost to the City thereof, including but maintenance, the g t not limited to engineering, legal and contingent costs and expenses, to ether damages either direct or conseguen•tial, which the City with any ty may sustain on accour Of failure of the Owner to carry out and execute all the r agreement shall be paid from the monies p °Visions of this previously collected from the letter Of credit. The penal sum •hereinabove stipulated and deposited limitation upon the liability of t}ie Principal to p ed is not a the City. In the event suit is instituted by the City through the City Attorney upon or bond Y p n this agreement it is stipulated and agreed that in addition to the actua expenses of liti atton 1 costs an g , the City shall recover as its legal ex equal to $100. 00 plus ten percent of the amours t recovered pense an amo'in ere by the City. Any monies collected from the letter of credit that are not in the payment of all costs pertianing to completion actin in to the Owner by the Finance Director, n shall be returne iy rp q IN WITNESS WHEREOe Owner has executed t ^—~ he a presents this day of 19 HEN HE OWNER IS AN INDIVIDUAL OR PARTNERSHIP Signed , sealed and delivered in the presence of: (Witnesses ) \(Owner( s ) ) (SEAL ) d SEAL ) (SEAL ) (SEAL ) (SEAL (SEAL ) WHEN THE OWNER IS A CORPORATION ATTEST :�� ` S cretaryl— - Correct name .o Corporation By Rre-si dent (Affix Corporate#`Neal') IN WITNESS WHEREOF Owner has executed th .� � presents this day of 19 WHEN THE OWNER IS AN INDIVIDUAL OR PARTNERSHIP Signed , sealed and delivered in the presence of : (Witnesses ) �(Owner( s) ) __— (SEAL ) 4 SEAL - --- ( SEAL ) - - •. --_______._.-._ --- , _-___-----_---- _- _. ._ . ....._. _ .._.__._-_____..__._— SEAL� SEAL (SEAL ) WHEN THE OWNER 1S A CORPORATION ATTEST : Secretary Correct name of Corpordxjon •. < - 13Y sident (Affi xM C6rporate'7Sd'a,1 ) nx fftn- • r• l• */STATE OF FLORIDA OUNTY OF DADE - ) I HEREBY CERTIFIY that on this day of lg before me personally appeared to me known to be the persons who signed the foregoing instruments and severally acknowledged the execution thereof to be their free act and deed for the uses and purposes therein mentioned, WITNESS my signature and official seal at in the County of _ and State of the day and year last aforesaid. (NOTARY PUBLIC SEAL) Notary Public, State of Florida at Large My Commission expires: STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this I� day of I lg before me personally appeared , , l'c? s.. - a d known by me to be President and Secretary, respectively of /'7- - ' a Corporation organized under the Laws of th State of � ,�,� 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 affirmed thereto the official seal of said Corporation, and that the said instrument is the act and deed of said Corporation. WITNESS my signature and official seal at - _in the County of SCLZL and State of ; , the day and year last aforesaid, (NOTARY PUBLIC SEAL) My Commission expo- -s: kAV rn&A&AKtlf MJ r""Pt , , , ,n , O rJ Put I 4c, tT lori a T1. I i rnn STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFIY that on- this day of 19 before me personally appeared to me known to be the persons who signed the foregoing in�struiiicnt s and severally acknowledged the execution thereof to be their free act and deed for the uses and purposes therein mentioned, WITNESS my signature and official seal at in the County of > and State of _ the day and year last aforesaid. (NOTARY PUBLIC SEAL) Notary Public, State of Florida at Large My Commission expires: STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this (Jay of befure me personally appeared -_ 19 � known by me to be . President and Secretary, respectively of a Corporation organized under the Laws of the Sta a of - to me known to be the persons who signed the foregoing instrument as such officers and severally acknowled��ed'the- execution thereof to be their free act and deed as such officers for g the uses and Purposes therein mentioned and that they affirmed thereto the official,, seal of said Corporation, and that the said instrument is the act and deed of .sald`Cor oration WITNESS my signature and official seal at p of -'-- kin" the• County and State of the day and year last aforesaid. ��Jy( t/��Q( (NOTARY 1 S$�1on e PUBLIC SEAL) MY COMMISSION EXPIM, COMMERCIAL BANK OF KENDALL 0601 South Dixie Righway,Miami,Florida 99156 (905)885-7494 WILLIAM L.MAYER PRESIDENT Qatob'ez : 31, 1983 IRREVOCABLE LETTER OF CREDIT AMOUNT $32,000.00 NUMBER 709-335 City of North Miami Beach Howard Lenard, City Attorney 17011 N. E. 19th Avenue North Miami Beach, F1. 33162 Gentlemen: We hereby establish our Irrevocable Letter of Credit 4709-335 for the account of Clifford L. Suchman and Leonard L. Suchman, as Trustees. In the event that CLIFFORD L. SUCHMAN and LEONARD L. LEVENSTEIN, as Trustees, fail to comply with the Agreement, dated the 31st of October 1983, attached hereto and made a part hereof, then and in that event, we hereby authorize you to draw on us by and for-the account of CLIFFORD L. SUCHMAN and LEONARD L. LEVENSTEIN, as Trustees up to an aggregate amount of THIRTY-TWO THOUSAND ($32,000.00) DOLLARS. Said aggregate amount shall be reduced by any donation made prior to the failure to comply, except for the EIGHT THOUSAND ($8,000.00) DOLLARS cur- rently being held in escrow by the City of North Miami Beach. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit shall be duly honored upon presentation of the drawee. Said draft shall be accompanied by a Certificate from the City of North Miami Beach, setting forth that the Trustees failed to comply with the above-referenced Agreement. Each draft must state that it it "drawn under Letter of Credit of the Commercial Bank of Kendall #709-335, dated October 31, 1983" and the amount thereof endorsed on this Letter of Credit. We hereby agree with drawers, endorsers, and bona fide holders of all drafts under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee. Con't. . . . October : 31, 1983 IRREVOCABLE LETTER OF CREDIT $32,000.00 Number .#709-335 This Letter of Credit shall be valid until October 31, 1984 and shall thereafter be. automatically renewed for successive one-year periods upon the anniversary of its issue, until all the donations by CLIFFORD L. SUCHMAN and LEONARD L. LEVENSTEIN, Trustees, .have been paid to the City of North Miami Beach. Sincerely yours, a a. 4 Presiden Ni City of South Miami 6130 Sunset Drive. South Miami, Florida 33143 667-5691 February 27, 1987 Mr. Robert Williams Dade County Public Works Traffic-Signals and Signs Division 7100 N.W. 36th Street Miami, Florida 33166 Re: Sara Park Subdivision Dear Mr. Williams : As evidenced by a copy of the attached Resolution, the City of South Miami requests that your office institute the steps necessary to determine if four-way stops should be installed at the locations of 74th and 77th Terraces and S.W. 58th Avenue in the City of South Miami. I would greatly appreciate it if you could contact either myself of Chief Perry Turner of the City in order to help us facilitate the City' s request. Sincerely, John R. Dellagloria City Attorney JRD/ms Enclosure cc: W.E. Gilchrist James W. Jarvis, Esq. Perry S. Turner, A/City Manager "City of Pleasant Living" l 02V METROPOLITAN DADS COUNTY•FLORIDA/ 0//y mixU11,� rn/Am/ PUBLIC WORKS DEPARTMENT BRICKELL PLAZA BUILDING f' FOURTH FLOOR METRO-DADE 909 S.E.1ST AVENUE K MIAMI,FLORIDA 33131 SUBDIVISION IMPROVEMENT BOND ESTIMATE OF IMPROVEMENTS SARA PARK Paul Ingelmo SUBDIVISION NAME: ESTIMATOR: - TENTATIVE NO: DATE: Dec.15/1986 COUNTY ESTIMATOR 1 CUL DE SAC @ 431/532 532 S.Y. COUNTY ESTIMATOR ESTIMATOR LIN. FT. — PAV. X S.Y. LIN• FT. — PAV. X S.Y. L,I11• FT. 12 PAV. X 1.333 -- S.Y. 165 _ LIII• FT. 20 PAV. X 2.222 367 S.Y. LI11. FT. 24 PAV. X 2.666 –r—...S.Y. 4 RETURNS q 38 S.Y: EA. 152 S.Y. 1 TRANSITION 2 S.Y. TOTAL S.Y. PAVING 1 .071 0 S7.03 S.Y. $ 7,497.0 -- LIN. FT. SIDEWALK @ 19.00 9 STREET NAME SIGNS @ S100.00 EA. 2 •S• DRAINAGE AMOUNT FRO14 APPROVED P. & D. C.Y. OF FILL FROM CERTIFICATION @ 15.00 LIN. FT. OF MEDIAN CURB a 18.00 LIN. FT. OF CURB AND GUTTER @ 58.00 -- LIN. FT. OF CURB SEPARATOR @ S7.00 ---—. LIN. FT. OF GUARD RAIL @ $9.50 LIN• FT. BARRICADE @ $11.00 ..— GUARD POST 9 $7.50 EA. FIRE HYDRANTS @ 12.000 EA. LIN. FT. DECORATIVE WALL @ $12.00 1 TRAFFIC CONTROL SIGNS P S1DO.00 EA. $ 10 o.0 L.S. STRIPING AMOUNT FROM APPROVED P. L D. $ 300.0 ----�.. SIGNALIZATION --. OTHER OTHER TOTAL ........ 14 097.0 APPROVED• L^ AMOUNT: 09-7, 00. DATE: ttt.afd 0 0 AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS: That WHEREAS , LEN-JAC CORP. , a Florida corporation, (hereinafter referred to as the "Owner" ) , concurrently with the delivery of this Agreement has applied to Dade County, a poli- tical subdivision of the State of Florida (hereinafter referred to as the "County" ) and The City of South Miami , a municipal corporation (hereinafter referred to as the "City" ) , for approval by the Board of County Commissioners and City Commission of a certain plat of a subdivision to be known as: SARA PARK, a copy of which plat is attached hereto and made a part hereof as "Exhibit A" , on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights-of-way; and WHEREAS , it is necessary in the public interest that improvements within the areas offered to be dedicated be constructed in accordance with the specifications hereinafter set forth; and WHEREAS , Section 17-9 of the Code of the City provides that no plat of platted lands lying within the City shall be approved by the City Council unless a good and sufficient bond be furnished the City conditioned upon the construction of cer- tain subdivision improvements in accordance with specifications and within such time or times as may be required by the City Council, NOW, THEREFORE, in consideration of the approval of said plat by the County and City and acceptance of the dedication of said areas as public streets, alleys and other rights-of-way by the City, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1 . Within twelve months from and after the date of submission of said plat the Owner will construct and will maintain, until acceptance by the City, the following listed improvements : Street to be known as 76th Terrace a/k/a Sara Lane, along with right-of-way areas and all required paving, drainage, street signs and fill, provided however, that if the time for such construction be extended by the City because of unusual circumstances the construction shall be completed within such extended time. Construction of subdivision improvements shall be in accordance with the following specifications : 1 n SPECIFICATIONS FOR STREET PAVEMENTS Streets shall be constructed in accordance with current City Specifications for Secondary Road Construction and Residential Streets. SPECIFICATIONS FOR HIGHWAY SIGNS Highway signs shall be consructed and erected in accordance with current City Specifications for Standard Street Signs. SPECIFICATIONS FOR NECESSARY FILL, DRAINAGE WELL, CULVERTS GUTTERS, SEWERS AND OTHER NECESSARY DRAINAGE FACILITIES The Owner shall provide for the drainage of all lands, Streets and driveways included within the subdivision in accordance with good engineering principles and practices, the same to be appvoved by the City. Low lying land shall be filled to an elevation above general flood level to avoid frequent and periodic flooding. General flood level in any area will be defined by the City. Ditches, storm sewers, culverts, catch basins , dry wells and other drainage provisions shall be built by the Owner as required to prevent excessive and prolonged local ponding of water. Such installations shall be designed and constructed in accordance with current City Specifications . In general, filling of land or construction of drainage facilities shall be planned in such a manner as to avoid creating any added problem to private or public properties near the subdivision. 2 . The Owner tenders to the City an irrevocable letter of credit executed by the Owner, as Principal, in the amount of $ 1- 1 10U , which amount is not less than the estimated cost of construction and maintenance of the sub- division improvements listed herein. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement within the time limit specified in the letter of credit, the City Finance Director, upon certificate of the City Public Works Director that the Owner has failed to complete the improvements, shall collect the full amount of the letter of credit which shall be applied to the construction of those improvements not completed by the Owner . Upon receipt of the total amount of money specified in the letter of credit, the City shall proceed as required in Section 17-9 of the Code of Ordinances to construct and maintain or cause to be constructed and maintained pursuant 2 to the public advertisement and receipt and acceptance of bids, said uncompleted subdivision improvements; and the Owner agres that upon completion of such construction and maintenance, the final total cost to the City thereof, including but not limited to engineering, legal and contingent costs and expenses, together with any damages either direct or consequential, which the City may sustain on account of failure on the Owner to carry out and execute all the provisions of this Agreement. These amounts shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Owner to the City. In the event suit is instituted by the City through the City Attorney upon this Agreement or bond it is stipulated and agreed that in addition to the actual costs and expenses which may be recovered by the City from the irrevocable letter of credit. All non-recovered amounts , including legal expenses and costs shall be the responsibility of the Owner. The Owner' s Irrevocable Letter of Credit is attached hereto as Exhibit "B" and is made a part of this Agreement. Any monies collected from the letter of credit that are not expended in the payment of all costs pertaining to completion action shall be returned to the Owner by the Finance Director. The Owner hereby gives a one-year warranty against all defects in materials and workmanship which may be discovered by the City regarding the improvements constructed. The Owner agrees to indemnify, defend and hold harm- less the City against any claims, suits , actions or damages for any personal injury or property damage arising from the con- struction of the improvements by Owner or its agents, con- tractors or sub-contractors. This indemnity ceases upon the City' s approval and acceptance of the improvements. IN WITNESS WHEREOF, the Owner has executed these presents this day of 1987 . ATTEST: LEN-JAC, CORP. , a Florida corporation By: Secretary President 366 M. norca Avenue Co Gables, FL 33134 3 . '' �':rv, � —..—_.,_—.-.. _,__„� — flier► . CITY OF SOUTH MIAMI PLAT COMMITTEE MEETING 5/4/81 ;+ Persons ; Present : William E . Godwin , City Manager ' Carter N . McDowell , Director , (iuilding , Zoning & Com. Dev . Gilbert Russe , Building and Zoning Official Michael Sexton , Carr Smith & Assoc . Inc . -PLS# 3596 Anotnio Garcia , Carr Smith & Assoc . Inc . -PLS#3367 Public Hearing 81 - 1 • Waiver of Plat. - Reinaldo Carvajal The proposed Waiver of plot was presented and reviewed . A yr ry lengthy discussion ensued regarding the jog in the rear property line . It was noted that the applicant had been requested to provide a 6 . 3 foot stripe, along the entire rear property line as hrr the Plat Commit toe meeting-''� of 1 /28/81. The Committee agreed that the follow ng actions would be necessary prior to submis"sion of the Waiver to the City CommriSsiow . 1 . Record .a new corrective quit claim deed referring to the first quit claim deed conveying the remainder of the 6 . 3 foot strip along the west property 1rne to Mary C . Wheeler . Said raw quit claim Ked should use the same. legal description format as that on the Waiver What . 2 . The Waiver of Plat drawing should be corrected to show : a ) The new legal description less the laird the quit claim decided to Mary C . Wheeler . b ) The waiver of plat drawing should refer to the recorded quit claim deeds by proper recording numbers . ( A copy of said new quit claim deed should be submitted to the City . ) c ) A restrictive covenant , running with the land and noted ors the Waiver of Plat drawing should forever make the newly esta- blished west property line the rear property line for the pur- pose of measuring zoning setbacks . 3 . The fence located at the original west property line should be moved 6 . 3 feet eastward to the new west property line . 4 . The applicant must execute an agreement to pay for the required Right •of Way improvements at such time as the City has said im- provements installed . Said agreement to be recorded as a covenant running with the land . CASH PERFORMANCE BOND FOR SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS : That LEN-JAC CORP. , a Florida corporation, herein- after called the Principal, is held and firmly bound unto the City of South Miami , a municipal corporation of the State of Florida, in the penal sum of Fourteen Thousand One Hundred Dollars ($14 ,100 .00 ) , which sum is deposited by the Principal in an irrevocable letter of credit with the City of South Miami for the faithful performance of a certain written agreement dated J"Up� a Q 1987 , given by the Principal to the City of South Miami for the construction and maintenance of subdivision improvements in a certain subdivision known as Sara Park, a copy of which agreement is attached and by this reference made a part hereof . NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall comply in all respects with the terms and conditions of said agreement, with the times therein specified, and shall in every respect fulfill its obligations thereunder, this obligation shall be void and the letter of credit deposited shall be returned without interest to the Principal by the Finance Director; otherwise this obligation shall remain in full force and the Princi- pal, its successors and assigns, does hereby irrevocably agree that within the time limit specified in the letter of credit, the City Finance Director, upon certificate of the City Building and Zoning Director that the Owner has failed to complete the improvements, shall collect the full amount of the letter of credit which shall be applied to the con- struction of those improvements not completed by the Owner . Upon receipt of the total amount of money specified in the letter of credit, the City shall proceed as rapidly as pos- sible to construct and maintain or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids, said uncompleted subdivison improve- ments , and the Owner agrees that upon completion of such construction and maintenance, the final total cost to the City thereof , including but not limited to engineering, legal and contingent costs and expenses, together with any damages either direct or consequential , which the City may sustain on account of failure of the Owner to carry out and execute all the provisions of this agreement shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Principal to the City. In the event suit is instituted by the City through the City Attorney upon this agreement or bond, it is stipulated and agreed tht in addition to the actual costs and expenses of litigation, the City shall recover as its legal expense an amount equal to $100 plus ten percent of the amount recovered by the City. Any monies collected from the letter of credit that are not expended in payment of all costs pertaining to com- pletion action shall be returned to the Owner by the Finance Director. IN WITNESS WHEREOF, the Principal has executed these presents this _�Q day of , 1987 . LEN-JAC CORP. , A Florida corporation By: I- W /� President Attest: /M' 66 Secretary 366 Minorca Avenue Coral Gables , Florida 33134 FohriiAry 12, 19H7 1'r . "Ark Ralkovek Acting nirector Rui 1 Minh, Zoning A Comnuni ty 11rveloiimpnt Departrvnt City of Snuth Miami 61.'0 SrjnsPt Drive Srnit h tai ami , FL 33143 Rr: Sara Plat fSA Project No. 85070-I1 hear Vark: Pursuant to your request, Carr Smith and Assoclatps , Inc., has rPviPwed the subject Plat. The results of our review of the technical r aspocts of the plat were contained in the February 6, 1967 letter signed by La?.aro Alonso. This letter addresses your question about traffic study requirements associated with the submittal of a plat for Final Approval . Specifically, this letter will address two issues: (1 ) ,lhpthpr a traffic study is required under the City of South Miami 1r�niny Code; and, (2) whether the develnpment , in our Judgement, can reAsofiahly be expected to significantly increase the vehicular in the vicinity of the development , and specifically, 58th Avenue. It is our understanding that the project fs to consist of nine single fAmily residential units and that the project will be consistant with existing toning requirements and the City's Comprehensive Master Plan. f. Article XII of the South Miami l.oning Code establishes the purpose, APJPctives, duties, authority, orgnnization and procedures of the Planning Board. Nowhwere in the Article is the natter of plat approvAl specifically Vidressed; and As such, no requirement is estah- lishilrt wherehy a traffic study -is required in connection with the suhrittAl of a plat. .N aSv Mr. Mark PaIkovek Acting Director Bid1 tinq, Toning, A Comm nity heveloprient Department Fehruary 12, 1987 Prge ?. ind^^d.' r+e helievA that, given that the development is to be cons tructod in accordance with zoning regulations and the Com- prehensive Plan, and not under a variance or a PD, the Zoning Code (toes not require that a traffic study he undertaken in connection with the cirhnittal of the plat. Thn rieveiopment will have sons' impact on the vehicular traffic in the vicinity of the development . It is undt-retond that the greatest con- cern is frr increased traffic on S. W. 58th Avenue. S. W. 5uth Avenue it , through street used by residents of the irrenediate area and by otr,ers as an alternative to Red woad. Thus, traffic on that avenue is preater than which one would norr,r.11y expect on a residential road. The Odi tinnal traffic from nine residential units could not be expected to significantly increase traffic on nearby streets. The Zonin4j Code used in our analysis was last revised April 18, 1985. Any changes made since that Mate, could of course, effect our conclu- sions. cur analysis was based on the Zoning Code, and did not include the City Code or the City Charter. Very truly yours , CARD SMITH A140 ASSOCIATES, INC. C. T. Derr. P.F. Chief Fngineer CTn/ds/n7a • � V a rckb q REGULAR CITY CO ?"IISSIO I =NG MINUTES Q 0 n APRIL, 20, 1982 The meeting was called to order at 7:30 PM by Mayor Block. Those in attendance were Commissioner Porter, Commissioner Andrews Lantz (arriving 7:45) , Commissioner Bowman, Vice-Mayor Gibson, City Manager Godwin, Administrative Assistant Hann, Finance Director Solock, Community Development Director McDowell, Atty. Stephen Kessler filling in for City Attorney Efthimiou absent due to family illness and City Clerk Moshanko. a Following the Pledge of Allegiance to the Flag of the United States, the Invocation was given by Mayor Block. Items considered by the Commission as follows: Moved by Commissioner Bowman, seconded by Vice-Mayor Gibson, that the Minutes of the April 6, 1982, Regular City Commission meeting be approved as individually read. There being no corrections or additions, the minutes were approved unanimously. CITY MANAGER'S REPORT: In addition to the written report submitted individually to the Commissioners in tHeix agenda packets, City Manager Godwin referred to the automated waste system which he had included in his report and asked for the Commission's feelings on this matter. In answer to questions by Commissioner Porter, { City Manager responded that approximately 15 cities in the State of Florida are using this method of collection. one of the neighboring cities, Fort Lauderdale, has been visited and they seen quite happy with the system. New systems have come out within the last two years, and this is an economical and efficient way of waste collection. Even though the initial expense is quite large, the City's fleet will have to be replaced anyway and the cost per truck is about equal. The City will look into financing the containers etc. At the request of Cormmissioner Porter,the City Manager looked into the matter of the left turn signal at 58th Avenue and Sunset Drive which appears to be malfunctioning. Some construction had been done in the area and if a cable had been cut, it will be repaired. The City will keep abreast of this situation: With reference to the noise of the air oonditioners on the Professional Building on Sunset, the City is looking into this situation to see what can be done. Comni.ssioner Porter said this same building has placed their trash dumpster next to Sunset Drive and maybe they could move it back, further on their parking lot. City Manager said they can move it or perhaps put a nice looking fence to block it from view. Referring to the Planned Unit Development opinion as given by Attorney Efthimiou, Commissioner Porter asked to have a copy of this written opinion for his reference. City Manager said he will see that Commissioner Porter receives this. Commissioner Bowman voiced concern about the lack of a traffic light on S.W. 64th Street and 62nd Avenue. This is a dangerous intersection and if the City {, can exert some pressure on the County to get a light there, it should be done. Commissioner Porter agreed, and asked if there is anything that the City can do with regard to this. Mayor Block said that requests can go to the County Commission, but he understood that follow-up information is forthoaning fron the City Manager. City Manager said a meeting is planned for Friday, April 23rd, and he will report back to AGENDA rM4 # 7 ORDINANCE NO. 14-82-1137 AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FIARIDA, CREATING A COMMEYCIAL DEVEOPMENT BOARD; PROVIDING; FOR NUMBER OF MEMBERS; PROVIDING FOR TERM OF APPOINIME'VPS, QUORUM AND DUTIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH AND PROVIDING EFFECTIVE DATE. Mayor Block deemed public hearing to be in session and requested anyone wishing to speak for or against the ordinance to cane forward to be heard at this time. Mr. Harold Margolin, 7530 S.W. 59th Place, South Miami, addressed the Commission in favor of the ordinance. There being no one else wishing' to speak for or against the ordinance, the Public Hearing was deemed closed. Moved by Commissioner Porter, seconded by Mayor Block, that this be considered the second and final reading of the ordinance in its entirety and it be adopted and assigned the next number by the City Clerk. Notion passed unanimously, 5/0. AGENDA ITE24 #8: RESOLUTION NO. 32-82-4033 A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING TENTATIVE PLAT OF PRADOS DEL ESTE SUBDIVISION, WHICH PLAT IS ON FILE WITH THE CITY CLERK. Moved by Mayor Block, seconded by Commissioner Andrews Lantz, that the Resolution be adopted and assigned the next number by the City Clerk. Mayor Block said due to the large interest on the part of the local residents, a public hearing would be held on this-matter although-.not mormally°.done:=- -- Mr. Johan J. Bonfil, applicant for Flavio Development Co. , addressed the Commission with a brief explanation of the proposed project of single family hares. Carter McDowell, Director of Com unity Development, explained sane of the background regarding this piece of property to the Cotmission and the controversary Surrounding the Proposed plat. He explained that the final plat will come back before the Commission for final approval even if the tentative plat is approved at this time. Mrs. Hanna Messer, 7530 S.W. 57th Court, South Miami, addressed the Commission on behalf of herself and her husband who was unable to attend. She stated it was her understanding the land had been given back to her with the passage of Ordinance No. 450, the road has been closed for 22 years, and now the City wants to open it UP. Ms. Bette Kowalcheck, 7510 S.W. 57th Court, spoke to the Commission expressing concern that if the road is opened and the development is put in as planned, the tranquility of the neighborhood will be disturbed. It was explained to Ms. Kowalcheck CC11 y • that the proposed plan is for single 'family residential lots that are within the limitations of the City's code. Mr. Steve Glasgow, 6660 S.W. 70th Terrace, addressed the Commission expressing the hope that for the longtime residents already there, the development could be made without the streets being widened and sidewalks being put in thereby disturbing the character of the neighborhood. Mr. Tom O'Malley, 7533 S.W. 58th Avenue, questioned the ownership of the property now being discussed and said that question should be answered before anything else is done. Mayor Block explained that as far as the City is concerned, at the present time the City considers this to be City property. Even though that is what A rLinistration has ascertained, an Opinion of Title must be given before any final plat is approved. Mr. W. Gilcrest, 7610 S.W. 58th Avenue, referred to the Messer Manor Plat and noted the dedication to the City. He also told the Commission that many of the people in his neighborhood are in favor of this Plat. Mr. Ed Corley, 5764 S.W. 77th Terrace, spoke in favor of the Tentative Plat and said that the development that is offered now is the best plan ever to be offered for this piece of property. Ms. Clara Howry, 7532 S.W. 58th Avenue, spoke in favor of the plan as the best plan for this property. Mr. Marvin Shapiro, 7521 S.W. 58th Avenue, told Commission that the residential nature of this project is the best one in keeping with the nature of the neighborhood. Mayor Block read into the record a letter from Samuel C. Snedaker stating approval of the proposed tentative plat. He also read Staff recommendation as approval and the approval vote of the Planning Board. Notion to approve tentative plat passed 5/0. AGENDA ITEM # 9: -RFSOLMICN NO. _ 33-82-4034 , A RFSOUMCN OF THE CITY OF SOUTH MIAMI, FLOIRIDA, APPRC7VING THE TENMTIVE PLAT CF SOUTH MIAMI STATICN, WHICH PLAT IS CN FILE WITH THE CITY CLERK CF THE CITY OF SOUTH MIAMI, FLORIDA. Moved by Mayor Block, Seconded by Commissioner Bowman, that the Resolution be adopted and assigned the next number by the City Clerk. Mayor stated concern regarding the necessity of having this platted and there y be sore reasons not known to the City at this time. He asked Mr. McDowell for more information regarding this. Mr. McDowell explained the platting of the Transit Station is because they acquired the land in three or four separate parcels and are now changing the Plat. They are doing it to get the property in one ownership under Metropolitan Dade County title and this probably would have to be done prior to putting the property out for joint development. However, their joint development policies require the City has to provide guidelines as to how it should be developed. The City really has a veto power and this is primairly a housekeeping item. They must dedicate additional right-of-way for roadways and a number of other things. CCM -4- 4120182 rim i J;TATCt OD FLORIDA, COUNW OF DAD: 6L , ee�� eL�St'1 A.D.10-02 b esd bet. f TH1f1 BQDC3J7'IJRtT.Lode ti:..s"41. day tl +g'�l�r+ir f��e""i r...t�I-��'"�'2;.his►'t*� -- � _ etc Who Coc of e-��.r Maw Of 114c1sL1__ part-U-'�;f the flr3 pntl acd the e_,, �� n acd o Cy litical saabdivisloo of the Mte of F7ciaa.=4 ih cueexr3 in ictcacct,party of the cxrad CrR WrrNEEniH:- That the said parllCS—of the first port.for and in eoodderatien st the c=et One Dollar to thc2 in hand paid by the pasty of the eossmsd part. receipt vherecf b terCb7 acknowledged,and for other and tutlhor good card Valuable eoGSderatiana,_..ts.,here^_t f grant,bsv;ata and sell U tahee party of the so and puk and its eceemors b intact. ter the r. purpose rate.Waaff public d being is the t testy al Dade,SmU of Floridan.too : dcxr4bed Iaard. �( foot The Seat meaty-five/(E 25s) of the following described parcels /,. She west Half NJ) of the south Msl.t (81) of the South Hail (s3) of the 304" Half (Slj) of the northeast(laarter (nE;) of the Cortheaot tarter (n$}), end The lost toasty-five feet (n 2514 of the following daaeribod parcels is The East Half (EJ) of the South Halt (sj) of the South Hslf (Sij) of the Swath half of the Northeast Quarter (NEB) of the northeaet laarter (IMJ) cmd i The East 25 feet (E 25,) of the Cost Halt (%) of the bast Half (M) of the South /// (S)) of the South Half (Sj) of the South Half (33) of the Northeast Quarter (etas) ({ of the Northeast ruarter NE;) and 11 The west 25 feet (A 25') of the East Half (EJ) cf the Met Half (Ej) of the South Half (S;) of the Swath Hsu (Sj) of the South Halt (Sj) of the NorthCUt puarta' �!{ of the tortheast Quarter (111:0, I all of action 36, Tomthip 54 South of Range 40 Fast, lying end being ins Bade County, &lo_-iu. �E }{ ILktllt�intention of the p"t-lt.R_of the first part by this unstrumeot to eenvey U the said il`•'t' and Its soeemms in late" the land above demibod for Cx as a pnbtDe high way and for all parpooea Incidental ther0te. It is exprpiy provided that if and when the said highway &ball be lawfully and per- maneatly discontinued,the title U the said&bow described land&hall immediately revert U the part lf:t._of the first part,their. hairs and acct , and .hag*---shall have the right U immediately re-pocem the same. And the aid partiaa--of the ttr t qrt 40 herevy telly wamnt—Csa title to said land,and will defend the same againd the iavtal elebw2 of all persona whomsoever, claiming by,through or under IN WITNESS WHEREOF.the said partM— of the flret park berou46e ed 6 their _handy and seals._,the day and year above written. I Signed,Sealed and delivered !� k is M a: �PJt��(/wee✓ _ .e' � (�3AlJ r 6 OTATQ of I'H Y GRR'Mry.rluu't on thisA.(-a■y ol_. +^� ".A.D.10L7bafen one peraonaliq appeared /�Z<<.� 3� t�.+— ./s!!.a rt M`n! ."-�"••. me ttase to po escrlbsd in and who execY the foreitoin=eoartyaate to theGarY tea* re�&body Qorpeeata,and a political subdivision of the Stata of Florida.sad L=wisod"d to a tbi executiam thereof to be, *+ frogs act and deed for the thIrsin And the said,. . A/_ the wlte of the acid /ueyPA�_as a separate and private examination taken and nude b and before me.end separately sad apart from her said husband.did at. knewledpe that she executed the said deed for the purposes therein set forth,freely and%ol- entarlly.sad without say fear,constraint,apprehension or compulsion of or from her said kambead. " o _.in the County and Ststr ,... �07��my sytnstase lad official steal at _... a�/i!sSA`� _ � J r afetrmisid,ifs day and year last aforesaid. tt L� J rM,ew ti ARVtcM twN C..d M,r. Notary Public,Estate of tjSVt°�st my commission expirea:. �1��!/.�,ry F A s t or rr r p ` 1L � i IL • v �sy c w w � � 1 P. � .. nnr _..-.i•rwc i'+ ter• Fi0 i 1 o.n..,..TF �yam• y` ^„s' '� �,y�ri••.TJr � `r-' � '�'*r..rnG.C ." r�^'� K �..i:i..n "'re•jW St at �J q. J''F°E,- � ., q,,�r}�(p, r- }'T''�yF'� srrN�,l;?'',.Y•'� zum mat n� p,e �_ �SWL"1•�'\�"� e4�I Y F-\I gt..ir,yy► �,'�' \ "'�M1 ,^/^'�• 5 „L- Y, o ° .•...-.,.own,.... .a...w•.,,„„_. °...�.�"�«::....... � —y,P ` �p y b ' � ku+�ri. - "'��' 1 s. Tl le' STATL Of/LOtIDA COUNTY 0 ' Ti133 DtDt7fTt71t$Bade ale,2 'W .e !� AL D.so-a-,b art d.c..a t'> ', • , s�. �; K..�1LI(�10�i.. t. tt�ma--►lc�d�. �� i* «`� t �� 't the of r r QrM r -is °.3 , z flout► lert_SAW Ib.first 3aR tad the�e �eor►soee rd•pow- Weal eom`r.liee of 060 L\ata of 1iaAda.ta!4 sose+eoan to IeeerK MN Of the areod lust. �3 .. Tla at cell "Aim.— et the lint W% fx rat is saadd.eets.o of tl a ewe of Orr Dotter to eheel Is hod f+mJW b 0-WV Of erect! fMl "e-OW ab.swf b ban" 6e1taeersadeO4, aat for eoeer 6" foetbw ad ealrabla awsw6aa s-I f 1^4 poK lu�d�s rd aril M fb+ptp Of 0a M'l M� Al wsal*�•s b tsrrw Of 4/dtk tklwy rd 0AI Os fearv4s Kn ai 4= �y IrrK bMi MW ►di*t la 1>►s OwW d l d lM 1�ut7 �r c � 0 L� ^�M � I1 � 42 ( v r ;, The tart tsaatf-tt�/(1 �') rf eas lO3L+F1r� osrerisal par" l +t: The Pert Malt (b) of Uw tooth: molt (b;) Of \w &01 bolt (at) Of Wr twee" bolt r• � '� (ti) d the irrtheaat tferrtrs (Wk) at the; Mrtheaot 6rerrt.ar (MQ)e a►t 1;$ ; � •' ; Tee leet t,oe %j_floe tort (it 2511 of the faI tierel'ieed pareyll �r6_• l/�,� The fwt Melt (66) of tee boon, Ml! (64) of tea te+cRA ttill (il) sf tba toliA itel! of the it.rtlr.rt �%Mj ar (n l) of the t.rtheavi O.wiar (04) Ma ti.rt ?f feet (I IS-) at 1. 14.t Malt (ir) at the Nrl halt (14) at Mo 8oKlb '4. ~ All ( ) of the toots wit (Si) of tar z.rthowet 1 rO&I r (lQK) �e a°}� \M fool h.r el ;°aartr 1K1�) anJ ,/t r � p ' Tea Met 25 f e t (R 15') Ot the Wt Malt (R`) Of the tart *-It (4) of tae zGerth r B LIB.' Melt (S;`,' of tM 3oeeth twit (s_) e! tee South Raft (Ld) or tn. Ike-trdrft (P&.k,er t � MS tr ' MO of t h. z orta...t Qtar• 'fj^Ly {' .�,�.r, a:l .f 6�:l:an �. To.aeAlt SL Soule e! tame � Laet� ►7%nf en: MiElt tr fa4l � �}, �. 3'"T .. '� � ^S'1�,.''', I OLL'It�e I l�•t�• • �`'Mrs HR7 5. y., 1t,k yti►st.stse. .I tt•4 pot itl_ at ue first p+t by lAte uw.a..t t4 o«�y a W taw{li 4.1 Mr wee on is tstrrnl.04 toad rb"t levermd fm ON so r Wm wd. f *y AW few to biwi& \al tl.aeto. f• y tta `,. t R V etp Welt pm"el that tf aa! whet the raw b1Ae•y ewa11 be tawtaft "I tM r e °cx B a runesttl tileeeatlreel tb.t�3e a Ife caw there {.acrfbed b>d tech r�0 rerrsst M f ) 13 r ` Ube pK 1L► of the fled ►ark Lldt_ lslra ad M�i*l. rat AtOr— 1AalZ Lw fSr ({^ Arft a hamw4urbtt rwloeee+ tPe rreM4. a#" /fit a.� d the ftlst aorrvt�¢a stir M qtr l 3,} 1 P ik taw�ad WW s� teat the a.tee rdat.t the 1eMd edalas of ems bl.arr.ac► r.sty ths �_• _ • - � ''��`�� ` �3. !ft R-JT_l`tM ►. ,the rot!►rrdsa,_ Of am rim M0. _.asst— �ar�a tmA �� a �y�yw,�;.,. r �n�;� «7,,•„ tray"Wa-•.tie"y ad f'Kr�tlrtZtA ,C�_ r*' r.' f)Ml1rt Mt tNM�rt I°• • �x 1t s n W ' �" #'` ¢y, v , .;, ,�. 26� �, .;, Fr gar- t ' -k ''•�* t�'""b tiaM �! n #, + DpPdiw ha. K•. r5 %rte ( ' . . tt� 40 E4fi ` ,i1 '� S" •� - s AEA ' .;.r '� i .1r, t At�',r'� IV ��t r��?a,� "7�{ z t. ^, a .� !f ♦ 't"k �� j( .t '� ��.�+�fiy�'��7 �.`• # 7q�,�'"�*` �+��.s'�.,��' � e$ ��¢r.,,�'�.l.��t,�.�;.r�:, �- •e ::r'7! - S �. � e (' -ee �,�' c#!tr .;�r'�y�� "t:t��,..+A`r �°r�� ,� '< 4 Wi Pj M' ° F i P4 tFJ 4 pµ C jt t°�r° ',°r yr, •�.�Aj.9t{J �k'. '? S - �.,1,',x i�> "A�'6 o�ize'C•..".� � _ 35;; A�K'' �t�•eyt rx �§ySl')«,'r°�j b '�` a �. of .� �•� r � !� �a1 �t�:.` �s�,r:�xa h •'�r, �'�,t'�r �i�yt`.�3a�F �,c.C . 'm�` � � �"� �Ft' ¢ W �, •`� �. ,t t �-��°�`g� `d- � sK.,„��' s. t ♦ � rt "� Rt +��n. .. �, ' .i gar � �• fi 'Y' y i t �,�.". bass } �r'� re $"��` �'' f•t u��1° G e°"i'v'�"��s - h � 'e •^�� .,�� ti' rs L � y��a �'i1 r'".��„r., i Y.,�,,s��'tnn YL�� .�, �h,_ � ,' •� Ski. � -0� t � ,�'� �.�., �y��, , - '., �.- �° �- �� .�: � •F• vim- � r<� �:..� � ;. ',/�� .,e:J°t��Rj�•ei. ��• .�•�a y; ;`.{`�'h 'dr t ��.A ts��.�,}�'�u+'�l �`�y.jl`"` �^� � �� '�..,� :.r��;yy+n�r�-fix X��i�r 1� ::1L.�' ,,spy "�.� '��• r r _�e�•'�'•i E, d'' � "R '�1 .-�, 't+"i'C"rej; +k,�7+F• � � « iM �+��(°'i.M k.44.t`� '��!�+� 1�d5.t�r` 7 � ��1�.'+ � j�� .v t M .��C�t •�P �•Y., y+�` f 1�.,. �� " •..� ��`sµ t TV ' COITN"00,.{�...� 1[{ • i'f� . 5 I ItICR=T cam ftl'•TTat w tb*;�L/a.r of ?IL�1'a� .A. D N a►eta" f y,• �,urw�� , Lsema 11 b+Me Ir •si .,L. tueml•!t►e (..�*.tr eow.�7 arst M "•, t ` «w,, � �.T} ` f►. .a kwkl!j',�.�►aMe�� a ►•Rt..J wW+•tM.e Of t►.IODU •f Il.e"a.Dorf ( �' : •'� q'•+Cs'.�, � »� � r �d ,' ;�• i�P+w!•todredgs60o ow GO t>.s wM be /tar * free a+ 6.04 for qw io,-fir t - - c.«{g� /yA�w�!t#• ref/ �,`��Q� � ,�/ T -.. .tle tide of 1L•rM1 _ »71_44 ,m_ �-�'�°7_..i M�r/i<•aJ•��ft�W afY►71�Mt1lr { c q�� i a {.. takes ask a*& x►.fore tat•art s.pntAJ "A aMR hve ►.t Doti I,adMA-4. Md r• y ks..t.4q tLat tl�.asoewta4 ON 60" f.el for M. ►•r►a•m amr.1a W fmtk.fre.tf 64A \a/ y �' { ery 1r x �^ snt•efb•"4 •MS+srt ay fear.teftAmtrk appret\+a,daa at tmat►atu.a of at haa+ b*# aoN PA ►atAtti4. f � �` y sa ddS Stan aa/aff W we]a �sr»•,b tt+.C my asr R.ti yr �. af�.Q.!a� aa!fear W a/a..ut�. � � '. „ � •q,. t ✓ L ' '`t' �t ` t►+s w w...... t...C. �r t. 1sat+n Pa40e. tat.of..��)t+` '�.'� yx+ �.. _ �. Sl', Ki tataattaaira•ttytrw tk' ( � •rr `� � y . _ �q t' q- • mow+ S� � � rr �.,.{ (try f„ �r I' .1 nk '�✓«�+1 '. � i '�yCY PY.SVIS !J � • ••w �• p .r.` ,.� 1-fie. � ' `�'• � �� •� • `>V•� •�!1/-. �w. .••♦.£' ,�!I.hx :r-kE. . _ •' •'t.. • •{��' � ��. ztl',p�'wa'."�} 3YJIS7! �l+a �+�g`.�t�.f`�.d -.;� ;y��4 t ��e..t..'. ` ��,._ .:#• }/,7�G�Y�rM;.1'Y��t i • ..+{�aY t r+�;. J �'�, ��J ,£=c ;y r ��: 'fir f �j'i-r'''�. 9e t�.�t�•f `'i,Ede,. :,yk°�t �yR•+ar<,�••�i.}� ..Ty,► r.,,� E ��.��• t't+' k� 7��, `.:,: ' �., �4.. �a' 1��' \ C �n`�� +•ti ^' �" `.t��'� '.\ ..s .`^• -�: t F � fir°� „�;�-'ski 3!'s^a` +m ' "�'*"r r '�' �-.#` -_E' �^�:' ,,.+4t'� ?�'�r r ��..� 2�� y�., _ t� t^p£tdR"�.« «YyT• ,-��, ,rY�+, Xw _ �'t>�,.Y ., s; Lr'�{^� r ��t. j•�",*y"° "�'t BF7Y'ee.;� �� n`tL;a 1 R ES 0 L U 1 1 f m 20 S tai ■area LOGSWo at al ham tiim d"immmms"M Mb Stow a pat at m+ataia platted lamb lily is Mme aptitt1. /t*U% OU 00 M M rmaw w. "Mos"t Manse"being a ' aubditriaisa is eM 06 at Ms. ity "y 548. %*.m% iemth 1LLsi, meat coiner. Florida ` �'!t IMPOW out all mmpimamatm+at law Omh er"16 mm Flat e iamataa w Mm'"everNF at trim Dead is commas/. Yew Mss wjlid tdgl m=M, R Q'ww"m w w iialb o core"canasaamem r OF MM cilm. mum Mat se"pat As kegs"trlieawtl a" that the �y IN/gtloa at tw NmMtm. an*"ad MLYtm al ay how r � J �IrmyamtaM, slriatmi as mats tract Lm YtoaYF at:eglM. '�i � i !. abnftttiw tatm atFa+ma by awrtmalaame autser-MaA "now awi mas m " ir.. me"m 0"1 of tM somb ge PON"$ tM tlbta t#a M 0"6 0" tt �. Jews a„illaa Item a"COW" A" Wieat t w.tryaele Jbsb 11.1101 wltY I" MVAW xfattom.Jt., Alm 7aaFY a.�t.7a. +. FilM 0.letiitt q� r AS*mmatrs I ft"m $40 moo"1SAWOt Ave_ � tlWI"l..ihli ltilfett k" buss&MIssmia vamp WAWL- _ '*t-"M i f, r � ' � �e. •� r ::.N + J��y, �'4*�S -�+a g� s.. 9th i .� Y a�+41S yis-...i�r��• t' ` .'f',`. i j RAU Of/LOMA.� {r ? t COU)rff Of DADL Ttt�t2ft)mtTt7R�)Zais fibw�L'has 4 -oc A.D.t#A2_to tw btasm �✓ I —— *(-&* at .Ate+ txq..tt t F t, • flacsh_,,p�saa.r w ft�i..e ast ti. . Mt.'. s x {I tMeal wsldt•w"of tie&OW of I'M.'kta.oad ka so...o..r.Is I44rMt poru d W osowf Isri b tbst to otlf psl3m-_ .[W that pw% M M! it .om"esatsw d w wa of One DeGoa M tbsa d bad vow b tie pwv of a* awd PGK s.estlt ru-sd b b+o+ft 6CILDowtodeoL sod fm a*" 664 for%-r`srpese tse Ce�aV d m d Mtae14� . , Tbs lost "—%r-1vV(I RV) of Las htlsd" taMrl►N pvow1t ', f ,' (� �: AL's ? ., �►s'`,{„� 9 The Oo.t NLU NJ) of oa towta e.0 (y) se ♦M tooth e.0 (tl) of 00 toaata pa3 t (!�) d tL. 1♦rV+wt ({Mta tM (1tiG) of tis ioPfrlssast %mw tsr (ni), eM •Af4 r' xY*�r¢ ?be 1..t t«sntt-['f.s fM (T "•f of the fo3l"tft Oue uod y+rosll {1%. f..t tl.l f (Q) of t be toeU tt.lf (N) of tM to.tA WU (5j) .r 116 &Bolas W1 of N• 1.rtb...1 Z '", (mo of M. t..U+.set ok. (U4) Ma T. 6sri 1S f•.t (1 JS•) of the 1..t but (1,0 of lae t.at a w (µ) of toss bow" ML if (Lj) of t1A. So.4a may Zr (N) of the Lawth e.lt (8j) of the lorttr.at AAW (04) or tts mw-oat ..aet.r l t'1;) and Ttae 1M.t 1S fo.t (1 151) of tb. t►.t II.lf (tj) of On tr.t 1alf (tb) of tae 90%" i Aw H' (Sl) of the $*%%A ialf (AJ Of th. teeth Ralf (Ll) of tM fart:4sat ;OftmM J ("4) of tbo tatth a.t Q-A— (11JA all of 8.-t:sn SA A To.e►Rt j S< Sow—.h of tanp W last, l7%^t .^• w salt f.A Do.48 r ry Istrstfoo of w Mat Str_ of t>t• tFtd part by tAY t.etavasot t..os b t1s sot w see.+ssa to taters.t-tae I.or sbw.e M.a1Dod for ar o. o Wb :C i.T vow tae hr 0 Mrpom Y.cl{"W dborsto. U M upeerrj prwrw+1 list!f ooI eloo 01e Yt1 }!.loaf oaf! ►e b-isD7 owf }or• y $ M&bfmIf eme ouoo.4.ow late to w saw abe"fwerb.f I►.1 .Aa1 wmo&atwtr .v.+al M tie .Sal or w test Wt "&r_ W" &a 004 .ad Aaa.— sb.1 bt./ tbs >r�'t • V .� �t M �as+tLt+4f ►r't+r�.r tie oosw t y �r q aW tad,ad e�letrat a.ona t�atyt tie 4vrivi of alt re*ass xw. �..� A �'• y ,`• s.... w *�°`kti`.E .r'` i rte��r llt 1 nwm VMUW.w ootf rardu— of t)w ntrt r..b -Am&— bow4fte so r kf ` i�, . aids btai i t.et Mal..tba ev the r.►As"wrlD.A . a k' lCx°r.Jy � �� A` ..ry. a_ R ti •�, � f.A �' y�' Ta � �^, As 31 ,£+ �•y '.A1 _ .A `� 4 Y 'fir 21 � fi Z�'" •d',y�'N..'. '�4 V';� A �k� t ?F.y�l+:_.* � 1. ° -.0 i.: 4 t .y < r5° �' � 1 Y'(`=yr's'„r° a.,r�"t^• z� "'J� Fe '3' ar '°,•�, T. h: l i .{• r !" ,/�S,S y :-" y ,P�' `, ._;r' , yLa. t• r )ti ` '3^. fir. ,t+'••�t°°°,;3.. ° _ asp _ ~ d+ a y Tp�", :r ��,a•a ., '� '^,� �- ri A.:L�[ ,,?� tl• r .�. ; A .A� .4 � � �,P�AaA7�a ,�� !} as „��'Tr•. f. y✓�, F�.�•rv�y.�y��"rw5g" is •t R' Lc. . .,•q.. PXa. �� p4�".".$ :+�r ° 't .�"��.; �.c>, ..S*'�si IV ��. "�¢F�, j� �.kP.�� tA�, ^�". �i e4+��xL ` �4c,� .• .i '•, v�, �Y "�r �, s, �tt��?•. {�� r>�Fes , {' �+`�rTy',.��*�' 4L� "� e'�,f�� ' ,5�`.."a „A��4� �' {r )? �k ,''��-{. �'�kjV k �5 •',s�s'�, #* I�r y,,�n•;� y :.,1��,�JY"':.'y.,r .!�5"r.e. '�1.. ,,�,.'lSr.�,�, { t .�• '- .,"„ .. � n.F ,..rMw� "'4:•'%F"`= -S"':� �"s.,, 7.^w•:c�+--^'a,.•w+.tca' �} u`4Rtl`.w"'R.srY m a '.H4cY -•^ n Z +� T,B: i' .:..+•4.f''< 't «'vt ' ;�,w° ',q,,�ry� G',#!' r ♦ ..�, ''tL r Z. 7�' + k � � fa( g q''ti.L♦i:_ '"� .,ur• �}r y,t .1t''1 9`, ��r,,�. R w,� � .•:f.,dfr,,. yK.�f tt ,+ N.. fi :w' 9 \ 1�4r ?' '6° yy ,i` y't''rG`r`.'<+' •R' �" '4 sf yr"l'FA�^n��"4 *t - _ +y�+°y"9�:j T7N�fC 1' ~•er 'Y i'% awr��r��-Y"A4�+[ � 4 �M t" r°� 9� •,� h� - �F� _�Q��4'�� 'i 4 �'� .fr�'�N .,S"'4t '�tt r�'" n�yN� s 1 MIX mw"Or S # f 1aL .A- D Ify 7Mtwi 1 ItMMI T COMM M T%at w M � I as ►etswwwf� NP'b� - /��ly,•�/� 1.-.+•�... �'�✓-�.a..� .e"'-�..�. r.�. x. ..l ,,: ;�3' be tJ.• �.�' M ►.i VU to s Us I..n Y 'T!' �• �r�r? !a ►wtt:kal Ml.�f�•L/iM U.1ptat• d I1.r4i46 104 , `te 1.is.E b rr{1a ase•atSoe t�++.w1 b M � (rwe a•t M1 •.•1 1as /f+ £ � i ��e a "amI�i•s+a Wcrata asaaCiatw� j 4 �x ; i .�yAAd 04/�New . '� p ,�F�� Us WOO.d Its raft { lab4 IJ _..a s sepust,as/pn,w wfasatiu tab. bad 9%&&ly►r1 Won be,u.f s+}w.tdT aa/ awl trVM ►.r M4 \aatr-IC b! u.• r "r t�+•+se&at At to 4wto r.. Me y.t}rw a.Ma bet fwA),treefy a" ,vA t* W,tai wKhOd ty taar,s*wrtfalwt. sppr•►•weiem of eaatp•iet— at es tr" ►•r aaV ^� +i. C�T Tr'jTK1•�S nT s/rwatan awt wftletal wl at, .r"tC f��•�"•.t.w t:•awtT aad%-t.r ��•..i .\+ {{ �. - ;1 •r'" a! 4s�aT ar.t)eu Yr! afar•oatl /� y I .�• fir•.••►.►+. t•M• r—'6 I t•'w . „� 1 4 � � ItetarT /'vllk,QaM s. ..� "Sol. YT , ..* o t + As ..a�{.Yi°c. i � �,,va` V � Vii• �+7y�,, �t] 'S�" iit'. +'�=� '.. �,'J +fi Z%. J_, ". t-•t 'r i.�y' fir• -. � � �,,,g4t ?.�*1J , it t,Vt(�(. »`Y Ii• �' i �,.�4��t.�. +� .:L lt`� "�tti S i :.. t� .,fit... + { f f f l k�'.....5 .7~� ^ .� h� j�_.. � ,�'S�t ,M•\,� �,. f ifi M �ytt:te "�*Kf`1..,n.�\itY�lA�r�,.0 r�� S„i'�'' { T,i ♦- .S: .. .. ��^' ,�`}' '.♦�x�� g�- + fir. �,:• ,w!,• tea.:` ,-� ._._. e �'�y�K e r r }, [r7� r,{.•/:4yVy 'k. �'['#rfir �.° � O `a ♦y ..�'` '< s sl 1 w ; ri`* ieio iii►iwiwaa �*',�^ae�Yl°: r�,�'�,1� `� i 1' .,,"$� � s ^�ti ti 4 . ` a+•Y�` - 'M M,if'1;,iu"ifI�.{,�ly M1 .S „; STATC Of_ e i w• l r ` COUNTY OT DAM � ' •. - k �4 1 r . Tne�usas Hera r�.--de7�w A.D.11-0— llt a �r -`�•�nor tbo .. ef 4 9f�:' 4 fb*/A sod W�31=mad i P, of•ke It_._of u`y,� Pam ,{j - ✓ �a Y[�W�a.�W N!W a !^"'V�n�� Tto!tte acid paAlaa._sf the Ant port.fw sod M eoai�eratisa of Ow tea d 00 Doom to 1�9 to bast"W by eta PM of Ow SZtMad put. ncsW wbwwat is boft adtarsledlot aM for uses: feRi3oc msddC�som" -� r r1,barola fat we a Me pW at!�o stage Fars. t» e�r�oes 4s .� PON dxa� { Oo fapo+°k ABM r �� Z,+ ' ` eft i m tdaf,a�t��d Das�of rat lrrrit: F"; Tie4 tarerrtYT"n�/Is 251) of UN tXUAIMOAS 609tritd parOSll ��_ +„ "• The hest Raft M �J IN) st to IDalu u of the northeast Qurrtet (Nth) a!the tlatthaast teedrtar (lts}), and The lost toontr-rite toot (R 2511 of the MU"dAs bottibed peroolt r Tb. seas ilelt (14) of t1a aoath It tt (8j) of the boats Rdt (33) of t'#• 5990 tom! u '(51) of the Northeast Qwwter (Nita;) of the lisrumot 0woter (at) acrd Ttw IAtst 2; root (1 25[) of the feet Halt (f,/ or the fast 13+tir (id) at the U6.6 Ex 4� , (s)) of the South full (8j) of the Louth Rau (Sj) of the Northeast Qawtor (at) ( � n n or the Northeast Quarter W.) and - , •�� /( The lest 25 lest (f 25[) of the bast Halt (N}) d the fast FAlt (4) or the L4tttD halt (sS) or the South lilt (S;�) of thr arch ttelr ( ) of the forttrGGst eta' r +' (". '4) of the ltorthemat Qusrte+„ 01�), t all cf lie:tion A, Tomahip $b South of Ranbo W bast, 171nt 01! b*UW Us Oabs Co%ntf+ Aorta. r 31 ` !�,l�jf�,�tmteatioa at the pa+t-ll1--of the Ant paA h7'04 in*nmoM to a lko a Q. sad he Mteu nli to hrterert.the lead shove bpmlbad tat aM a m�r t z w[y mad for an part, berlbatat MmIle. [ 4 h to esyrosdp prsrtded ttmt U amt ataa the said W*waT Shan be lowtI f om por' Y, atasm*dbecattaued,the We to the saH abow dawrlbed had Shan beAdistely tIll to we per_of the herb part.UM112__beta mad a•tsme. +ad Asti---ihan taw the a., P rls+at to tm e,edlatev ra*mm the sans,ft of as astd fad 1 ttu Same 11e to or m elahmla b7.tlremA or aaEe► rt i f - ra' ,•, '' i., lid Ctn wm w)tRrR w.the saki prdaa.._.._at as th" ! it a... .bet"fts Sat � r. �. tAeStt .#ands aid amels-IM`to Sad year am"wxlAst► t� �aee�,Dea#�fad 0eoeead -e • . .m. ,t .t�a. «w a'n. "'�`� .4.�r. �'• � �F �y g � .� k +s ['" � .�< # 0 e x�•'' � ��` y. �� Y j�. n'! 4Y`'f'rr zyf' �i'1 � t}• > .w ..w *.r*s -+t: % s ai✓ti w"t } ' kr». 7`."` < v • .. W . .„+tea r.a�,.t „>,>' ., � ^""f`'`v�,. �.. R *� � yy n 7. �. Will :1 :11111 „ '5'RV .y ',�„"` a• r `�C.i✓•vw ° y9;�3t' 3 Z ` � A�." z ^� x. a- Y] y VeA'AOt COW" .M r .., xt v a 44 .. l HAY ULi'!'IPLr,'t'Mat M thtw/1 l �+s at_. _..!►-D.16 �., 5 a*e►atlM4ttf aptom to ksnrra he U wrb ea b,*ad w or the tarwsatu CM VWT l �.nk �rtt x Ota .a t►ad}' .u/�potlik.Al awlr/ht laa of ti.�fkalr d 1'fer4/a.ail '�' s�� 0 a r s5 ��sta/rd b tse t►e aae eo Owmf be be� fnr ort or+f dwwl tw the 14 11 M w ., " ,L" Cana P1nlaa lttof�ria • � + , � �a.,,. sx �.. x + T a 6 _5 ,,. Awl tb call - _ .thr wife�!tsw •� ]N ot k ..: >, ' �'� � �.�'�i!►'!'�...M a aopuwtr ae/�et. o oAamf*otloo +r`�'�3�3r�' � ,� e•�@��kt.� � ..: #a ' tateea&a a}abe *tit bdoe'e tor.sAt re"mtdr aa�/aput from tut eatl hoob&"'dW &e' � � �4 ;E w kso+lRl;e thot a#e osaetit+/tfro ab"tar th# WPOWM(htfwfA art teM,trest�aA/ cal •Y rf . r x • mloo a tmOwWoa of w figs tMab.aw stlav!A'J toar,t000atzA opgrbr � / • �,�,� '��a�".+a .at �' �� y'scy ;,:t, fT2flXR twp dttnAWe ae/"Me pal at1 Ji� .la ur CaoAV EA/fttau '—afar"** !a)aad TMr hat atarwaa►/. w�� h. �f ,� � W �'i• x � 6� �01y�' 2�,� -j' +p ` ✓.�• eMGc. &MM✓rtiA�l J 1 1. V 1�' WWW a.A-4W ti.n.�+ ✓h. / r3, r5 . Kc"#?Pub&.state of *, L- �r XY it Arl LA { P[ trt.-y 4� a pa � t �,'•� � � � t 1 � �: � y� � � �pcFT i �' + tas'�� ty� � f`+j°g'. ti v x. .S OL ew pv ? F .. f9 !L (�E vl y 4 t 4;v y N1 r s?� L1 i✓. IU YA yt �" R rb� ssaadr ' x'� �'x �t" .f a,.• ° "s s - 1 `7i ' ��[�j��"p� r'. 1,,.# v � ^}�'�'�. .�f;. t �. 's`^'�D�'�,.,},��'',"`�x'�'' `�'s... �� +F.��k�4 �a ,y �•• +"_� � � M,.y�'�,3�� ",,.,gac 3y��D fie'-' rtr 1 f'fi+t•a �', K ��F".�r s "�'>� �r;W c',s.' tT ^�e��x + � ', �.{ .' a „t/ y,z, 1•'3t,d ae s gRTCh+b * 'v{wy �` .Y ^r" � �t� rczY�"" "'�a p'�'} t :. ON wcr•.?� ` a �, � �.,::��- w 4�. �',�''ro x��` s w�'- '�',�' �`` ;:¢� ~•# Y, ``max� � �„�:'; tc:C.�:r '� -.': � �,*� r�ti•: '`td' ��t'�".° 4• �: �' 3 '�. i. ,� ��6 +�a��: x .fie. " �..:..� � '� ,, '. �.� ."t� �� g- wry', :� �' e+.. `.�. ,, r4' !i "i, 3� ,�,. "ti: .'n.. F H:•Sf` - . +3'' .s• 4 Y:: �'{e .4 ..F°• _ �[�' J 'rQI: r'T{ �y.. "3'.. ,� K. 'fix 'a'+ A't {-' � ry ��.�, &.�. :'k € .l� ,�. t„ '^t°'f "C`�",.+ ,4�;.•s,,`+-R"'tf^ac y =.�rvt � �� of� �6 3. tr r:' i r. �°'�",:. �at" � s xt �.}t � l�-,�x M•.� s'�' > - '`a v'� �"Y v ?ir+ e. -. ata ;�,.�, s y = C n y yE_ xt.tt 74 Z u� h .y ,�,,y ,n4 #.c;,•„ .. , ,,x��x „'��r .�. �:;a City of South Miami 5130 Sunset Drive, South Miami, Florida 33143 6675691 November 4, 1986 Mrs. Hanna Messner 7530 S.W. 57th Court South Miami, Florida 33143 Re: Right of Way, S.W. 57th Court Dear Mrs. Messner: Per our conversation today, you are correct that the City of South Miami did relinquish the right-of-way described in Ordinance 450 of the City of South Miami, dated September 20, 1960. The City of South Miami will take steps to have the map of the City and the appropriate quarter section maps reflect this in the future. Your question concerning the ability of the property immediately south of your property to gain access to S.W. 57th Court is appropriate. The property in question is in the process of being subdivided. No legal access may be given to S.W. 57th Court through your property. The -design of the proposed subdivision has a cul-de-sac serving the property from S.W. 58th Avenue. Please let us know if we can be of any further service to you. Sincerely, c ty of South Miami SM:nb "City of Pleasant Living" MIAMI, FLA Sap r t . 24 1943— U llax F3. Mes^or South Mi mni , P1 K . IN ACCOUNT WITH IV il C PAVING CONTRACTORS SCARIFYING - EXCAVATING- SIDEWALKS -CURBING-GRADING BULK HEADS - CRANE SERVICE- PILING AND BRIDGES PHONE .•4797 2175 S. W. 32ND AVENUE TERMS: NET MIAMI 35, FLORIDA To Paving 1651 on both sides of S. 1,t Ave. " '• " ` - 189.75 To Pavin- 1651 on both sides of S. Zed Court i�Q ""'L 189;5'5 SUBDIVISION • 9,0CASH BOND (3-80) LETTER OF CREDIT A G R E E M E N T FOR CONSTRUCTION AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS KNOW ALL MEN .B1' THESE PRESENTS: That WHEREAS Ragil Construct o-nIncd11d ZOpllydr Corp . (hereinafter referred to as the Owner concurrent y with the de i.very o t l agreement has applied to the City of South Miami , a municipal corporation of the State of Florida (hereinafter referred to as the City) , for approval by the South Miami Commissioners of a certain plat of a subdivision to be known as : Harris ' Estates a copy of which plat i.s attached hereto and made a part hereof as "Exhibit P on which said plat are shown areas offered by the Owner to be dedicated to public use as streets , alleys and other rights of way; and WHEREAS, it is necessary in the public interest that improvements within the areas offered to be dedicated be c(_)nstrj.1ct^(3 in accordance with the specifications hereinafter net forth; and WHEREAS, Chapter 17 of the Cede of Ordinances of the City of..South Miami, Florida provides that no plat of platted lands, lying within the City shall be approved by the South Miami C01-snissioners unless a good and suffici bond be furnished the City conditioned upon the construction and maintenance for not less than one year of certain subdivision improvements in accordance with specifications and within such time or times as may be required by the City Commissioners. NOW, THEREFORE, in consideration of the approval of said plat by t South Miami Commissioners and acceptance of the dedication of said areas as public streets, alleys and other rights of way, the Owner does hereby unconditionally promise and agree to and with the City as follows : 1. Within twelve months from and after the date of approval of s plat and acceptance of said offer to dedicate the Owner will construct and, after acceptance thereof by the City, will maintain for a period of not less than one year the following listed improvements :ns Paving, drainage, street si fill g � guard rail , fire hydrants , as itemized in the Metropolitan Dade County Subdivision Improvement Bond Estimate T9408 dated' April 23 , 1981 , (Exhibit C) and demolition of existing structures . Permanent Control Points Permanent reference monum provided however, that if the time for such construction be extended by the South Miami Commissioners because of unusual circumstances the construction shall be completed within such .extended time. Construction of sub(livi.si.on improvements shall be in accordance with the following specifications : SPECIFICATIONS FOR STREET PAVEMENTS Streets shall be constructed in accordance with current South Miami Specifications for Secondary Road Construction and Residential Streets r SPECIFICATIONS FOR HTGIItqAY SIGNS Highway signs shall be constructed and erected in accordance wi'::h Current Dade County Specifications for Standard Street Signs. SPECIFICATI'ONS. FOR SIDEWALKS Sidewalks shall be constructed in accordance with current South Miami Specifications for Sidewalk Construction. SPECIFICATIONS FOR NECESSARY FILL, DRAINAGE WELL, CULVERTS , GUTTERS , SEWERS AND OTHER NECESSARY DRAINAGE FACILITIES The Owner shall provicic-� for the drai.nagc� of all lands , streets and driveways included within the subdivision in accordance with good engineeri.r principles and practices, the same to be approved by the Director of Publ.' :f Works. Low lying"land shall be f..illc�d to In t2l.evat.i.(.)n above general floou. level to avoid frequent and periodic floo(ii.119. General flood level. in an,� area will be defined by the Director of I'uhli.c Work.,; . Ditches , storm sew;. !-s culverts , catch basins , dry wells al)(I nt.hcr drainage. provisions shall br! built by the Owner as required to prevont excessive and prolonged 1,:ca-1 hondi.r.g of water. Such installations shall. be designed and constructed it ,accordance with currant f;()uth 1`liam.L In general, filling of lane or construction of draina- a iaciliti,.s shall be planned in such a manner as to avoid creating an,., added problem private or public properties near the subdivision . 2 . In accordance with Chapter 17- 9 of the Code of Ordinances of the City of South Miami , Florida, the Owner tenders to the City a letter of credit executed by the Owner, as Principal, in the amount of $28 , 000 , whic amount is not less than 110 percent of the estimated cost of construction and maintenance of the subdivision improvements listed herein. In the event the Owner shall fail or neglect to fulfill his nbl.igation under this agreement within the time limit specified in the lette of credit, the City Finance Director upon certificate of the City Building & Zoning Director that the Owner has failed to complete the improvements , shail collect the full amount of the letter of credit which shall be applied to tr construction of those improvements not completed by the Owner. Upon receipt the total amount of money specified in the letter of credit; the City shall proceed as rapidly as possible to construct and maintain or cause to be constructed and maintained pursuant to the public advertisement and receipt and acceptance of bids , said uncompleted subdivision improvements , and the Owner acirees that upon completion of such construction and maintenance , thc� final total coast to the City thereof , including but not limited to engineeri legal and contingent casts and expenses , together with any damages either direct. or consequential , 'whieli the City may sustain on account of failur.c of ,j i e the Owner to carry out and executeall the provisions of this agreement shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Owner to the City. In the event suit is instituted by the City through the City Attorney\upon this agreement or bond, it is stipulated and agreed that in addition to the actual costs and expenses of litigation , the City shall recover as its legal expense tin amount equal to si.00. UO plus ten percent of the amount recovered by the Citv The Owner ' s bond is attached hereto as "Exhibit"B" and is made a part of this agreement. Any monies collecte3 from the letter of credit that are not C'xpen, ' in the payment of all cost.,, pertaining to completion action shall be return<: to the Owner by the Fi.nancc- Director. IN WITNESS WHEREOF, the Owner has executed these presents thi s i day of 19 �l HEN T E OWNER IS AN INDIVIDUAL OR PARTNERSHIP Signed , sealed and delivered in the presence of: (Witnesses ) (Owner ( s ) ) ( SEAL ) --- (SEAL ) -- (SEAL ) ( SEAL ) (SEAL ) WHEN THE OWNER IS A CORPORATION ATTEST : S e r e t a rye"`-- -- -- ('Correct name of Corporation B .v , - P esident (Affix Corporate Sea] ) b • IN WITNESS WHEREOF, the Owner has executed these presents this day of lg PWH HE OWNER IS AN INDIVIDUAL OR PARTNERSHIP Signed , sealed and delivered in the Presence of : (Witnesses ) (Owner ( s ) ) —_— —----- - —---- ( SEAL ) A A I_ ( SEAL ) S E A L --- — - --__ .A_— - SEAL — -- -- ------- - --- ---- --- ------ ( SEAL ) WHEN THE OWNER IS A CORPORATION ATTEST : ( t.4( L-1 e c r Ar4t�&I— p _ - Correct name of Lo _pore;.t�ian�}�. Y__C L 'ZL'Q-Ce-Z% Pre.s•ident (Affix Corporate Seal ) STATE OF FLORIDA ) , COUNTY OF DADE ' ) I HEREBY CERTIFIY that on' this day of , 19 before me personally appeared to me known to be the persons who signed the foregoing instruments and severally acknowledged the execution thereof to be their, free act and deed for the uses and purposes therein mentioned, WITNESS my signature and official seal at in the County of and State of the day and year last aforesaid. (NOTARY PUBLIC SEAL) Notary Public, State of Florida at Large My Commission expires: STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this day of 19 , before me personally appeared �� °a and known by me to be President and Secretary, respectively of tJ�,�Q, ,. � iT�. C- a Corporation organized under the Laws of the State of 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 affirmed thereto the official seal of said Corporation, and that the said instrument is the act and deed of said Corporation. WITNESS my signature and official seal at ALMOOtAt in the County of and State of the day and year last aforesaid. (NOTARY PUBLIC SEAL) My Commi8� .jon P,,- � ftORIQA AT tA@ i$ w r N n r vuc� y State OT Florida at Large niv rnn�rnit��rw sxo�ec�rx�r e7 ,�st 0 � r Public,C, r ATE OF FLORIDA ) COUNTY OF DADE - ) I HEREBY CERTIFIY that on' this day of _ _ _ 19 before me personally appeared to me known to be the persons who signed the foregoing instrudio nts and severally acknowledged the execution thereof to be their free act and deed for the uses and 4 purposes therein mentioned, WITNESS my signature and official seal at in the County of _ and State of _ the day and year last aforesaid. (NOTARY PUBLIC SEAL) Notary Public, State of Florida at Large My Commission expires : STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this S��_ day of 19 �f , before me personally appeared � � y�, , and known by me to be _ President and r _ _ _— ` Secretary, respectively of a Corporation organized under the Laws of the State of t�Ig -`—_ 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 affirmed thereto the official seal of said Corporation, and that the said instrument is the act and deed of said Corporation. WITNESS my signature and official seal at ,�'l cam _ --__ in the County of _,;'J a ---- ----- --' and State o f the day and year last aforesaid. (NOTARY PUBLIC SEAL) 1 Pty Commission expires : NOTARY PUBW STATT OF FLORIDA AT LARCH loo ary Pub c, State of Florida at Large MY COMMISSION EXPIRES OCT.17 1981 BOND P 'HkU CANlkAI. INS UNG'. $$ __.,. . . X E' F o cconlinental IRREVOCABLE LETTER nF CREDIT a:. 0 No 446 B ck City of South Miami 1 6130 Sunset Drive South Miami, Fla 33143 Gentlemen: We hereby authorize you to draw on us by and for the account of: ****RAGIL CONSTRUCTION, INC*** up to an aggregate amount of **Twenty eight thousand and 00/100** ($28,000).*** Available by your drafts at sight accompanied by a Certificate of City of South Miami, that ***RACIL CONSTRUCTION, INC**** has failed to complete the improvements as specified in agreement date June 9, 1981, between City of South Miami and ***RAGIL CONSTRUCTION, INC*** for Harris Estates subdivision improvements. This Letter of Credit shall be valid until June 9, 1982 and shall thereafter be automatically renewed for successive one year periods upon the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date we notify you in writing to the Director Building Zonning and Community Development of the City of South Miami at 6130 Sunset Dr. South Miami, Florida 33143, that we elect not to so renew this 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 statement signed by Director Building Zonning and Community Development of the City of South Miami at 6130 Sunset Dr. , South Miami, Fla 33143, to the effect that the aforementioned bond is in full force and effect on that date We hereby agree with you that all drafts drawn under and in compliance with the term of this credit shall be duly honored upon presentation of the drawee. _ Drafts must be drawn and negotiated not later than June 9, 1982 or as extended by one year period. Each draft must state that it is "drawn under Letter of Credit of the Continental National Bank of Miami" dated June 9, 1981; and the amount thereof endorsed on this Letter of Credit and also on our correspondent's advise of this credit. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts under and in compliance with the terms of th' -cr that such drafts will be duly honored upon presentation to the drawe . d' LLERMO DIAZ USSELOT VICE-PRESIDENT R CONTINENTAL NATIONAL BANK OF MIAMI continental national F, of miami 40 IN DADS COUNT � FLORIDA i;t AVENUE 13 l;rFLOR1DA JJIJI ,P'� SUBDIVISION IMPROVEMENT BOND ESTIMATE OF IMPROVEMENTS I r DDIVISION NAME: HARRIS ESTATES ESTIMATOR: 41D E. RODRI Z, I , NTATIVE NO. T-9408 DATE: April 231, 1981 -� COUNTY ESTIMATOR 1 431/532 532 GUL DF SAC 0 COUNTY ESTIMATOR ESTIMATOR S.Y- -- 87 LIN. FT. -- 4- PAV. X 1.556 136 S.Y. LIN. FT. 10 PAV. X 1.111 360 ----_ S.Y. --- LIN. FT. 12' PAV. X 1.333 S.Y. _ 165 LIN. FT. 20' PAV, X 2.222 367 S.Y. LIN. FT. 24' PAV. X 2.666 S.Y. --2 RETURNS @ 38 S. Y. EA. 76 S.Y, 90 S.Y. I Turnaround 90 . S.Y. TOTAL S. Y. PAVING 1,561 10.,927 C�$ 7.00 S.Y. --� -- LIN. FT. SIDEWALK C4 $9.OU EA. ST'RI_F f SIGNS @$ 60.00 1,A. 1.1f1AINA(;C AMOUNT FROM APPHOVEO P. R D. 1,-.. C.Y. Of FII.L FROM CERTIFICATION @ S 5,00 EA. LIN. F 1. OF MEDIAN CUR(i Q S 8.00 EA. -•----• LIN. F T, OF CURB AND GUTTER 0 $ 8.00 EA. _......____..._. LIN. FT. OF' CURB SEPARATOFI @$ 7.00 EA. LIN. F T• 01 GUARD RAIL Ca $9.50 EA. 380 1.IN. F T. BARIIIC.ADI: @ S 11.00 EA. ---_—_.. GUARD POST 0 $ 7.50 EA. 1. ..--. _ FIRE HYDRANTS 0 $2,000. 00 EA. 2,000 . IN. F T. DECORATIVE WALL '@$ 12.00 EA. M OTHER — ^— ____.. .. OTHEfl TOTAL ........... 253352- i(►Vl D .. ... ._._. _—__— ._ AMOUNT ,a 19 DATE =M City of Soots Miami INTER- OFFICE MEMORANDUM TO: Mark Balkovek, A/Director, DATE' April 23 , 1987 Community Development FROM' John Dellagloria, City Attorney SUBJECT! Sara Park Sidewalks At the Commission meeting of April 21, there was discussion regarding sidewalks for the Sara Park Subdivision. I would appreciate being apprised of developments in the event there are any legal concerns to be addressed. JRD/ms LEN-JAC CORP. 366 MINORCA AVENUE CORAL GABLES, FLORIDA 33134 John Arnold C/O N.C.N.B. 7220 N.W. 36 St. Miami, F1. 33166 Re. Letter Of Credit # 31937 Dear John, Please delete the last two paragraphs (# 's 5 & 6) of the irrevocable letter of credit recently issued to the City Of South Miami (# 31937) . Thank You, es C. I i i.r; .. -3-87 cc: John Dellagloria City Attorney, City Of South Miami � 4 NATIONAL ASSOCIA*ION OF COUNCILS ON INTANATIONAL BANKING UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1983 REVISION, ICC PUBLICATION NO. 400. "Copyright®1983 by ICC Publishing S.A. All rights reserved. Reprinted with the permission of the ICC Publishing Corp." Foreward This foreward is written exactly fifty years since the ICC adopted the first edition of the Uniform Customs and Practice for Documentary Credits(UCP)at its 71h Congress in Vienna in 1933. Innumerable aspects of international trading operations have changed radically over the intervening years.Yet the UCP remain a vital element in world trade.An ever increasing number of banking and other executives still need to know their provisions thoroughly and use them every day. How can the UCP have become and remain so indispensable over such a long period—a period which moreover seems certain to extend well into the 21 sl century? I see two reasons.First,the reality of international trade continue to require documentary credits and therefore an internationally accepted set of standards governing their use. Just as fifty years ago,sellers still hesitate to release their goods before receiving payment,while buyers prefer to have control over the goods before parting with their money.But matching payment with physical delivery is rarely possible,so a compromise is normallyagreed—payment against"constructive delivery"the handing overof documents transtering title to,orcontrol over,the goods. Creditworthiness then becomes important,and bankers are required to intervene,giving their conditional undertaking to the sellerto payagainsl presentation of documents and compliance with conditions stipulated by the buyer.Hence the continuing need for documentary credits. Secondly,the UCP are fortunately a living text which has been regularly updated by the ICC Banking Commission since its initial introduction. Prior to 1962 the UCP were primarily designed to safeguard the banker when the buyer gave incomplete or imprecise instructions.In the 1962 revision—the first to achieve global accep- tance—stress was laid on the buyer's duty to specify what he wanted,setting out"international banking customs and other rules that facilitate banking functions". The 1974 revision gave effect to changes in documentation and procedures caused by the progress of trade facilitation and the revolution in maritime transport—containerization and the resultant development of combined transport.The forward looking approach we adopted reflected banking practices,but also dictated"the most prudent course of behaviour irrespective at times of existing usage,course of dealing or custom". For the 1983 revision we have again had"to look to the future—because that is were we shall have to live".So,while the interests and problems of the buyer and the seller remain paramount, note has also been taken of: • the continuing revolution in transport technology,and the geographical extension of containerization and combined transport; • the increasing influence of trade facilitation activities on development of new documents and new methods of producing documents; • the communications revolution,replacing paperas a means of transmitting information(data)relating to a trading transaction by methods of automated orelectronic data processing (ADP/EDP); • development of new types of documentary credits,such as the deferred payment credit and the stand-by credit. In addition,for the UCP to give the maximum possible guidance and assistance to all parties,three basic principles have been borne in mind: • that the buyer is responsible for stipulating,clearly and precisely,the documents required and the conditions to be complied with; • the increasing interest and influence in international trade of nations which are less developed and,therefore,less experienced in this area; • misunderstandings and interpretive problems caused by the 1974 text,necessitating amplification or simplification in the 1983 version. Finally,thought has been given to the current major problem of fraud while recognising that fraud originates when a commercial party first contracts with a rogue,and the documentary credit merely pays for the commercial transaction and cannot"police"it. The revision has been carried out by a Working Party—with representatives of commerce and industry, insurers,forwarders and carriers as well as bankers—reporting to the Banking Commission. ICC National Committees,countries without National Committees reached primarily through the United Nations Commission on International Trade Law(whose support and participation have been of extreme importance and value),other UN bodies concerned with the facilitation of international trade procedures,and banking circles in countries represented in the ICC's East/West Committee,have all played an active role in the work,both through the Working Party and the Commission and in over four thousand individual items of written comment. Sincere thanks are given to them all:but their real reward will be the knowledge of their major contribution to the facilitation of international trade through this 1983 revision of the UCP. NCNB NATIONAL BANK OF FLORIDA Bernard S.Wheble INTfRNATION,AL BANKING DIVISION Chairman 1' 'S.E. I AVENUE - 2nd FL. ICC Commission on Banking Technique and Practice MFIAIM; FLORIDA 33131 June1983 A. General provisions and definitions Articlet. These articles applytoall documentarycredits,including,to the extentlo which they maybe applicable,standby letters of credit,and are binding on all parties thereto unless other- wise expressly agreed.They shall be incorporated into each documentary credit by wording in the credit indicating that such credits issued subject to Uniform Customs and Practice for Documentary Credits,1983 revision,ICC Publication No.400. Article 2. For the purposes of these articles,the expressions"documentary credit(s)"and"standby letters)of credit"used herein(hereinafter referred to as"credit(s)"),mean any arrange- ment,however named or described,whereby a bank(the issuing bank),acting at the request and on the instructions of a customer(the applicant for the credit),(1) is to makea payment toorto the order of a third party(the beneficiary),or is to pay or accept bills of exchange(drafts)drawn by the beneficiary,or III) authorizes another bank to effect such payment,or to pay,acceptor negotiate such bills of exchange(drafts),against stipulated documents,provided that the terms and conditions of the credit are complied with. Article 3. Credits,by their nature,are separate transactions from the sales or other contract(s)on which they maybe based and banks are in noway concerned with or bound by such con- tract(s),even if any reference whatsoever to such contract(s)is included in the credit. Article 4. In credit operations all parties concerned deal in documents,and not in goods,services and/or other performances to which the documents may relate. y '' Article 5. Instructions for the issuance of credits,the c0themselves,instructions for any amendments thereto and the*dments themselves must be complete and precise. In order to guard against confusion and misunderstanding,banks should discourage any attempt to include excessive detail in the credit or in any amendment thereto. Article 6. A beneficiary can in no case avail himself of the contractual relationships existing between the banks or between the applicant for the credit and the issuing bank. B. Form and notification of credits Article 7. a. Credits may be either(i)revocable,or(ii)irrevocable.b. All credits,therefore,should clearly indicate whether they are revocable or irrevocable.c. In the absence of such indication the credit shall be deemed to be revocable. Article8. A credit maybe advised to a beneficiary through another bank(the advising bank)without engagement on the part of the advising bank,but that bank shall take reasonable care to check the apparent authenticity of the credit which it advises. Article 9. a. A revocable credit maybe amended or cancelled by the issuing bank at any moment and without prior notice to the beneficiary.b. However,the issuing bank is bound to:(i) reimburse a branch or bank with which a revocable credit has been made available for sight payment,acceptance or negotiation,for any payment,acceptance or negotiation made by such branch or bank prior to receipt by it of notice of amendment or cancellation,against documents which appear on their face to be in accordance with the terms and conditions of the credit.(if) reimburse a branch or bank with which a revocable credit has been made available for deferred payment,if such branch or bank has,prior to receipt by it of notice of amendment orcancella- tion,taken up documents which appear on their face to be in accordance with the terms and conditions of the credit. Article 10. a. An irrevocable credit constitutes a definite undertaking of the issuing bank,provided that the stipulated documents are presented and that the terms and conditions of the credit are complied with:(i)if the credit provides for sight payment—to pay,or that payment will be made;(ii)if the credit provides for deferred payment--to pay,or that payment will be made, on the date(s)determinable in accordance with the stipulations of the credit,(iii)if the credit provides for acceptance—to accept drafts drawn by the beneficiary if the credit stipulates that theyare to be drawn on the issuing bank,or to be responsible for theiracceptance and payment at maturity it the credit stipulates that theyare to bedrawn on theapplicant forthe credit or any other drawee stipulated in the credit,(iv)if the credit provides for negotiation—to pay without recourse to drawers and/or bona fide holders,draft(s)drawn by the beneficiary,at sight or at tenor,on the applicant for the credit or on any other drawee stipulated in the credit other than the issuing bank itself,or to provide for negotiation by another bank and to pay,as above,if such negotiation is not effected.(b). When an issuing bank authorizes or requests another bank to confirm its irrevocable credit and the latter has adced its confirmation,such confirmation con- stitutes a definite undertaking of such bank(the confirming bank),in addition to that of the issuing bank,provided that the stipulated documents are presented and that the terms and con- ditions of the credit are complied with:(i)if the credit provides for sight payment—to pay,or that payment will be made;(ii)it the credit provides for deferred payment—to pay,or that payment will be made,on the date(s)determinable in accordance with the stipulations of the credit;(iii)if the credit provides for acceptance—to accept drafts drawn by the beneficiary if the credit stipulates that theyare to be drawn on the confirming bank,orto be responsible for their acceptance and payment at maturity if the credit stipulates that'hey are to be drawn on the applicant for the creditor any other drawee stipulated in the credit;(iv)if the credit provides for negotiation--to negotiate without recourse to drawers and/or bona fide holders,draft(s)drawn by the beneficiary,at sight or at tenor,on the issuing bank or on the applicant for the credit or on any other drawee stipulated in the credit other thar the confirming bank itself.c. If a bank is authorized or requested by the issuing bank to add its confirmation to a credit but is not prepared to do so,it must so inform the issuing bank without delay.Unless the issuing bank specifies otherwise in its confirmation authorization or request,the advising bank will advise the credit to the beneficiary without adding its confirmation.d. Such undertakings can neither be amen- ded or cancelled without the agreement of the issuing bank,the confirming bank(if any),and the beneficiary.Partial acceptance of amendments contained in one and the same advice of amendment is not effective without the agreement of all the above named parties. Article 11. a. All credits must clearly indicate whether they are available by sight payment,by deferred payment,by acceptance or by negotiation.b. All credits must nominate the bank (nominated bank)which is authorized to pay(paying bank),or to accept drafts(accepting bank),or to negotiate(negotiating bank),unless the credit allows,negotiation by any bank(negotiat- ingbank).c. Unless the nominated bank is the issuing bank or the confirming bank,its nomination by the issuing bank does not constitute any underiakingbythe nominated bank to pay,to accept,or to negotiate.d. By nominating a bank other than it self,or by allowing for negotiation by any bank,or by authorizing or requesting a bank to add its confirmation,the issuing bank authorizes such bank to pay,accept or negotiate,as the case may be,against documents which appear on their face to be in accordance with the terms and conditions of the credit,and undertakes to reimburse such bank in accordance with the provisions of these articles. Article 12. a. When an issuing bank instructs a bank(advising bank)by any teletransmission to advise a credit or an amendment to a credit,and intends the mail confirmation to be the operative credit instrument,or the operative amendment,the teletransmission must state"full details to follow"(or words of similar effect),or that the mai confirmation will be the operative credit instrument or the operative amendment.The issuing bank,must forward the operative credit instrument or the operative amendment to such advising bank without delay.b. The telet- ransmission will be deemed to be the operative credit instrument or the operative amendment,and no mail confirmation should be sent,unless the teletransmission states"full details to to]low"(or words of similar effect),or states that the mail confirmation is to be the operative credit instrument or the operative amendment.c. Ateletransmission intended bythe issuing bank to be the operative credit instrument should clearly indicate that the credit is issued subject to Uniform Customs and Practice for Documentary Credits,1983 revision,ICC Publication No. 400.d. If a bank uses the services of another bank or banks(the advising bank)to have the credit advised to the beneficiary,it must also use the services of the same bank(s)for advising any amendments.e. Banks shall be responsible for any consequences arising from their failure to follow the procedures set out in the proceding paragraohs. Article13. When a bank is instructed to issue,confirm or advise a credit similar in terms to one previously issued,confirmed or advised(similar credit)and the previous credit has been the subject of amendment(s),it shall be understood that the similar credit will not include any such amend ment(s)unless the instructions specify clearly the amendment(s)which is/are to apply to the similar credit.Banks should discourage instructions to issue,confirm or advise a credit in this manner. Article 14. If incomplete or unclear instructions are received to issue,confirm,advise or amend a credit,the bank requested to act on such instructions may give preliminary notification to the beneficiary for information only and without responsibility.The credit will be issued,confirmed,advised or amended only when the necessary irformation has been received and if the bank is then prepared to act on the instructions.Banks should provide the necessary information without delay. C. Liabilities and responsibilities Article 15. Banks must examine all documents with reasonable care to ascertain that they appear on their face to be in accordance with the terms and conditions of the credit.Documents which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in accordance with the terms and conditions of the credit. Article 16. a. If a bank so authorized effects payment,or incurs a deferred payment undertaking,or accepts or negotiates against documents which appear on their face to be in accor- dance with the terms and conditions of a credit,the partygiving such authority shall be bound to reimburse the bank which has effected payment,or incurred a deferred payment undertaking, or has accepted,or negotiated,and to take up the documents.b. If,upon receipt of the documents,the issuing bank considers that they appear on their face not to be in accordance with the terms and conditions of the credit,it mustcretermine,on the basis of the documents alone,whether to take up such documents,or to refuse them and claim that they appear on their face not to be in accordance with the terms and conditions of the credit.c.The issuing bank shall have a reasonable time in which to examine the documents and to determine as above whether to take up or to refuse the documents.d. If the issuing bank decides to refuse the documents,it must give notice to that effect without delay by telecommunication or,if that is not possible,by other expeditious means,to the bank from which it received the documents(the remitting bank),or to the beneficiary,if it received the documents directly from him.Such notice must state the dis- crepancies in respect of which the issuing bank refuses the documents and must also state whether it is holding the documents at the disposal of,or is returning them to,the presentor(remit- ting bank or the beneficiary,as the case maybe).The issuing bank shall then be entitled to claim from the remitting bank refund of any reimbursement which mayhavebeenmadetothatbank. e. If the issuing bank fails to act in accordance with the provisions of paragraphs(c)and(d)of this article and/or fails to hold the documents at the disposal of,or to return them to,the presen- tor,the issuing bank shall be precluded from claiming that the documents are not in accordance with the terms and conditions of the credit.f. If the remitting bank draws the attention of the issuing bank to any discrepancies in the documents or advises the issuing bank that it has paid,incurred a deferred payment undertaking,accepted or negot iated under reserve or against an indemnity in respect of such discrepancies,the issuing bank shall not be thereby relieved from anyof its obligations under any provision of this article.Such reserve or indemnity concerns only the relations between the remitting bank and the party towards whom the reserve was made,or from whom,or on whose behalf,the indemnity was obtained. Article17. Banks assume no liability or responsibility for the form,sufficiency,accuracy,genuineness,falsification or legal effect of any documents,or for the general and/or particular con- ditions stipulated in the documents or superimposed thereon;nor do they assume any liability or responsibility for the desc ri ption,q ua nti ty,weight,quality,condition,packing,del ivery,val ue or existence of the goods represehted byanydocuments,or for the good faith or acts and/or omissions,solvency,performance or standing of the consignor,the carriers,or the insurers of the goods,or any other person whomsoever. Article18. Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any messages,letters or documents,or for delay,mutilation or other errors arising in the transmission of any telecommunication.Banks assume no liability or responsibility for errors in translation or interpretation of technical terms,and reserve the right to transmit credit terms without translating them. Article 19. Banks assume no liability or responsibility for consequences arising out of the interruption of their business by Acts of God,riots,civil commotions,insurrections,wars or any other causes beyond their control,or by any strikes or lockouts.Unless specifically authorized,banks will not,upon resumption of their business,incur a deferred payment undertaking,or effect payment,acceptance or negotiation under credits which expired during such interruption of their business. Article 20. a. Banks utilizing the services of another bank or other banks for the purpose of giving effect to the instructions of the applicant for the credit do so or the account and at risk of such applicant.b. Banks assume no liability or responsibility should the instructions they transmit not be carried out,even if they have themselves taker the in tiative in the choice of such other bank(s).c. The applicant for the credit shall be bound by and liable to indemnify the banks against all obligations and responsibilities imposed by foreign laws and usages. Article 21 a. If an issuing bank intends that the reimbursement to which a paying,accepting or negotiating bank is entitled shall be obtained by such bank claiming on another branch or office of the issuing bank oron a third bank(all hereinafter referred to as the reimbursing bank)it shall provide such reimbursing bank in good time with the proper i istructions or authorization to honor such reimbursement claims and without making it condition that the bank entitled to claim reimbursement must certifycompliance with the terms and conditions of the credit to the reimbursing bank.b. An issuing bank will not be relieved from any of its obligations to provide reimbursement itself if and when reimbursement is not effected by the reimbursing bank. c. The issuing bank will be responsible to the paying,accepting or negotiating bank for any loss of interest if reimbursement is not provided on first demanc made to the reimbursing bank,or as otherwise specified in the credit,or mutually agreed,as the case may be. D.D8cuments Article22. a. All instructions for the issuance of credits a, ecreditsthemselvesand,whereapplicable,allinstructionsfor dmentstheretoandtheamendmentsthemselvesmust state precisely the document(s)against which payment,acceptance or negotiation is to be made.b.Terms such as"first class","well known","qualified","independent","official",and the like shall not be used to describe the issuers of any documents to be presented under credit.If such terms are incorporated in the credit terms,banks will accept the relative documents as presented,provided that they appear on their face to be in accordance with the other terms and conditions of the credit.c. Unless otherwise stipulated in the credit,banks will accept as originals documents produced or appearing to have been produced:(f)by reprographic systems;(ii)by,or as a result of,automated or computerized systems;(Ili)as carbon copies,if marked as originals,always provided that,where necessary,such documents appear to have been authenticated. Article23. When documents other than transport documents,insurance documents and commercial invoices are called for,the credit should stipulate bywhom such documents areto be issued and their wording or data content.If the credit does not so stipulate,banks will accept such documents as presented,provided that their data content makes it possible to relate the goods and/or services referred to thereinto those referred to in the commercial invoice(s)presented,or to those referred to in the credit if the credit does not stipulate presentation of a com- mercial invoice. Article24. Unless otherwise stipulated in the credit,banks will accept a document bearing a date of issuance priorto that of the credit,subject to such document being presented within the time limits set out in the credit and in these articles. D.1. Transport documents(documents indicating loading on board or dispatch or taking in charge) Article 25. Unless a credit calling for a transport document stipulates as such a document a marine bill of lading(ocean bill of lading or a bill of lading covering carriage by sea),or a post receipt or certificate of posting:a. banks will,unless otherwise stipulated in the credit,accept a transport document which:(I)appears on its face to have been issued by a named carrier,or his agent,and(N)indicates dispatch or taking in charge of the goods,or loading on board,as the case maybe,and(iii)consisits of the full set of originals issued to the consignor if issued in more than one original,and(iv)meets all other stipulations of the credit.b. Subject to the above,and unless otherwise stipulated in the credit,banks will not reject a transport document which:(1)bears a title such as"Combined transport bill of lading","Combined transport document","Combined transport bill of lading or port—to—port bill of lading",or a title or a combina- tion of titles of similar intent and effect,and/or(if)indicates some or all of the conditions of carriage by reference to a source or document other than the transport document itself(short form/ blank back transport document),and/or(Ili)indicates a place of taking in charge different from the port of loading and/or a place of final destination different from the port of discharge, and/or(iv)relates to cargoes such as those in containers or on pallets,and the like,and/or(v)contains the indications"intended",or similar qualification,in relation to the vessel or other means of transport,and/or the port of loading and/or the port ofdischarge.c. Unless otherwise stipulated in the credit in the case of carriage by sea or by more than one mode oftransport but including carriage by sea,banks will reject a transport document which:(I)indicates that it is subject to a charter parry,and/or(fi)indicates that the carrying vessel is propelled by sail only. d. Unless otherwise stipulated in the credit,banks will reject a transport document issued by a freight forwarder unless it is the FIATA Combined Transport Bill of Lading approved by the Internatioanl Chamber of Commerce or otherwise indicates that it is issued by a freight forwarder acting as carrier or agent of a named carrier. Article 26. If a credit calling for a transport document stipulates as such document a marine bit I of lading:a.banks will,unless otherwise stipulated in the credit,accept a document which:(1) appears on its face to have been issued by a named carrier,or his agent,and(fi)indicates that the goods have been loaded on board or shipped on a named vessel,and(iii)consists of the full set of originals issued to the consignor if issued in more than one original,and(iv)meets all other stipulations of the credit.b. Subject to the above,and unless otherwise stipulated in the credit,banks will not reject a document which:(I)bears a title such as"Combined transport bill of lading","Combined transport document","Combined transport bill of lading or port-to- port bill of lading",or a title ora combination of titles of similar intent and effect,and/or(fl)indicates some or all of the conditions of carriage by reference to a source of document otherthan the transport document itself(short form/blank back transport document),and/or(Ili)indicates a place of taking charge different from the port of loading,and/or a place of final destination dif- ferent from the port of discharge,and/or(iv)relates to cargoes such as those in containers oron pallets,and the like.c. Unless otherwise stipulated in the credit,banks will reject a document which:(I)indicates that it is subject to a charter party and/or(ii)indicates that the carrying vessel is propelled by sail only,and/or(Ili)contains the indication"intended",or similar qualifica- tion in relation to •the vessel and/or the port of loading—unless such document bears an on board notation in accordance with Article 27(b)and also indicates the actual port of loading,and/or • the port of discharge—unless the place of final destination indicated on the document is other than the port of discharge,and/or (Iv)is issued by a freight forwarder,unless it indicates that it is issued by such freight forwarder acting as a carrier,or as the agent of a named carrier. Article27 a. Unless a credit specificallycalls for anon board transport document.or unless inconsistent with other stipulation(s)in the credit,or with Article26,banks will accept a transport document which indicates thatthe goods have been taken in charge or received forshipment.b. Loading on board or shipment on a vessel maybe evidenced either byatransportdocument bearing the wording indicating loading on board a named vessel or shipment on a named vessel,or,in the case of a transport document stating"received for shipment",by means of a nota- tion of loading on board on the transport document signed or initialled and dated by the carrier or his agent,and the date of this notation shall be regarded as the date of loading on board the named vessel or shipment on the named vessel. Article26. a. In the case of carriage by sea or by more than one mode of transport but including carriage by sea,banks will refuse a transport document stating that the goods are or will be loaded on deck,unless specifically authorized in the credit.b. Banks will not refuse a transport document which contains a provision that the goods maybe carried on deck,provided it does not specifically state that they are or will be loaded on deck. Article29 a. For the purpose of this article transhipment means a transferand reloading during the course of carriage from the port of loading or place of dispatch ortaking in charge to the port of discharge or place of destination either from one conveyance or vessel to another conveyance or vessel within the same mode of transport or from one mode of transport to another mode of transport.b. Unless transhipment is prohibited by the terms of the credit,banks will accept transport documents which indicate that the goods will be transhipped,provided the entire carriage is covered by one and the same transport document.c. Even if transhipment is prohibited by the terms of the credit,banks will accept transport documents which:(1)incor- porate printed clauses stating that the carrier has the right to tranship,or(ii)state or indicate that transhipment will or may take place,when the credit stipulates a combined transport docu- ment,or indicates carriage from a place of taking in charge to a place of final destination by different modes of transport including a carriage by sea,provided that the entire carriage is covered by one and the same transport document,or(ill)state or indicate that the goods are in a container(s),trailer(s),"LASH"barge(s),and the like and will be carried from the place of taking in charge to the place of final destination in the same container(s),trailer(s),"LASH"barge(s),and the like underone and the sametransport document;(Iv)state or indicate the place of receipt and/or of final destination as"C.F.S"(container freight station)or"C.Y"(container yard)at,or associated with,the port of loading and/or the port of destination. Article 30. If the credit stipulates dispatch of goods by post and calls for a post receipt or certificate of posting,banks will accept such post receipt or certificate of posting it it appears to have been stamped or otherwise authenticated and dated in the place from which the credit stipulates the goods are to be dispatched. Article3l. a. Unless otherwise stipulated in the credit,or inconsistent with anyof the documents presented under the credit,banks will accept transport documents stating that freight or transportation charges(hereinafter referred to as"freight")have still to be paid.b. If a credit stipulates that the transport document has to indicate that freight has been paid or prepaid,banks will accept a transport document on which words clearly indicating payment or prepayment of freight appear by stamp or otherwise,or on which payment of freight is indicated by other means.c. The words"freight prepayable"or"freight to be prepaid"or words of similar effect,if appearing on transport documents,will not be accepted as constituting evidence of the pay- ment of freight.d. Banks will accept transport documents bearing reference by stamp or otherwise to costs additional to the freight charges,such as costs of,or disbursements incurred in connection with,loading,unloading or similar operations,unless the conditions of the credit specifically prohibit such reference. Article32. Unless otherwise stipulated in the credit,banks will accept transport documents which beara clause on the face thereof such as"shipper's load and count"or"said by shipper to contain"or words of similar effect. Article 33. Unless otherwise stipulated in the credit,banks will accept transport documents indicating as the consignor of the goods a party other than the beneficiary of the credit. Article 34. a. A clean transport document is one which bears no superimposed clause or notation which expressly declares a defective condition of the goods and/or the packaging. b. Banks will refuse transport documents bearing such clauses or notations unless the credit expressly stipulates the clauses or notations which maybe accepted.c. Banks will regard a requirement in a credit for a transport document to bear the clause"clean on board"as complied with if such transport document meets the requirements of this article and of article 27(b). D.2. Insurance documents Article35. a. Insurance documents must be as stipulated in the credit,and must be issued and/or signed by insurance companies or underwriters,or their agents.b. Cover notes issued by brokers will not be accepted,unless specifically authorized by the credit. Article36. Unless otherwise stipulated in the credit,or unless it appears from the insurance document(s)that the cover is effective at the latest from the date of loading on board or dispatch or taking in charge of the goods,banks will refuse insurance documents presented which bear a date later than the date of loading on board or dispatch or taking in charge of the goods as indicated by the transport document(s). Article 37. a. Unless otherwise stipulated in the credit,the insurance document must be expressed in the same currency as the credit.b. Unless otherwise stipulated in the credit,the minimum amount for which the insurance document must indicate the insurance cover to have been effected is the Cl F(cost,insurance and freight..."named port of destination")or Cl P (freight/carriage and insurance paid to"named point of destination")value of the goods,as the case may be,plus 10%.However,if banks cannot determine the Cl F or CIP value,as the case maybe,from the documents ontheirface,theywill acceptasguch minimum amounttheamountforwhich payment,acceptanceornegotiation is requested underthe credit,orthe amount of the commercial invoice,whichever is the greater. Article 38. a. Credits should stipulate the type of insurance required and,if any,the additional risks which are to be covered.Imprecise terms such as"usual risks"or"customary risks" should not be used;it theyare used,banks will accept insurance documents as presented,without responsibilityforany risks not being covered.b. Failing specific stipulations in the credit, banks will accept insurance documents as presented,without responsibility for any risks not being covered. Article 39. Where a credit stipulates"insurance against all risks",banks will accept an insurance document which contains any"all risks"notation or clause,whether or not bearing the heading"all risks",even if indicating that certain risks are excluded,without responsibility for any risk(s)not being covered. Article40. Banks will accept an insurance document which indicates that the cover is subject to a franchise or an excess(deductible),unless it is specifically stipulated in the credit that the insurance must be issued irrespective of percentage. D.3. Commercial invoice Article4l. a. Unless otherwise stipulated in the credit ercial invoices must be made out in the same name of t heapp orthecredit.b. Unless otherwise stipulated in the credit, banks may refuse commercial invoices issued for amou excess of the amount permitted by the credit.Nevertheless,if a�authorized to pay,incur deferred payment undertaking, accept,or negotiate under a credit accepts such invoices,its decision will be binding upon all parties,provided such bank has not paid,incurred a deferred payment undertaking,accepted or effected negotiation for an amount in excess of that permitted by the credit.c. The description of the goods in the commercial invoice must correspond with the description in the credit.In all other documents,the goods may be described in general terms not inconsistent with the description of the goods in the credi. D.4. Other documents Article42. If a credit calls for a attestation or certificate of weight in the case of transport other than by sea,banks will accept a weigh stamp or declaration of weight which appears to have been superimposed on the transport document by the carrier or his agent unless the credit specifically stipulates that the attestation of certification of weight must be by means of a separate document. E. Miscellaneous provisions Quantity and amount Article 43. a. The words"about","circa"or similar expressions used in connection with the amount of the credit or the quantity or the unit price slated in the credit are to be construed as allowing a difference not to exceed 10%more or 10%less than the amount or the quantity or the unit price to which they refer,b. Unless a credit stipulates that the quantity of the goods specified must not be exceeded or reduced,a tolerance of 5%more or 5%less will be permissible,even it partial shipments are not permitted,at"ays provided that the amount of the drawings does not exceed the amount of the credit.This tolerance does not apply when the credit stipulates the quantity in terms of a stated nLmber of packing units or individual items. Partial drawings and/or shipments Article44. a. Partial drawing and/or shipments are allowed,unless the credit stipulates otherwise.b. Shipments by sea,or by more than one mode of transport but including carriage by sea,made on the same vessel and for the same voyage,will not be regarded as partial shipments,even if the transport documents indicating loading on board beardifferent dates of issuance and/or indicate different ports of loading on board.c. Shipments made by post will not be regarded as partial shipments if the post receipts or certificates of posting appear to have been stamped or otherwise authenticated in the place from which the credit stipulates the goods are to be dispatched,and on the samedate.d. Shipments made by modes of transport other than those referred to in paragraphs(b)and(c)of this article will not be regarded as partial shipments,provided the transport documents are issued by one and the same carrier or his agent and indicate the same date of issuance,the same place of dispatch or taking in charge of the goods,and the same destination. Drawings and/or shipments by installments Article 45. If drawings and/or shipments by installments within given periods are stipulated in the credit and any installment is not drawn and/or;;hipped within the period allowed for that installment,the credit ceases to be available for that and any subsequent installments,unless otherwise stipulated in the credit. Exoiry date and Presentation Article46. a. At I credits must stipulate an expiry date for presentation of documents for payment,acceptance or negotiation.b. Except as provided in Article 48(a),documents must be pre- sented on or before such expiry date.c. If an issuing bank states that the credit is to be available"for one month","for six months"or the like,but does n:)t specify the date from which the time is to run,the date of issuance of the credit by the issuing bank will be deemed to be the first day from which such time is to run.Banks should disco,irage indication of the expiry date of the credit in this manner. Article47. a. In addition to stipulating an expiry date for presentation of documents,every credit which calls for a transport document(s)should also stipulate a specified period of time after the date of issuance of the transport document(s)during which presentation of documents for payment,acceptance or negotiation must be made.If no:;uch period of time is stipulated,banks will refuse documents presented to them later than 21 days after the date of issuance of the transport document(s).In every case,however,documents must be presented not later than the expiry date of the credit.b. For the purpose of these arlicles,the date of issuance of a transport document(s)will be deemed to be:(i)in the case d'a tran 3port document evidencing dispatch, or taking in charge,or receipt of goods for shipment by a mode of transport other than by air—the date of issuance indicated on the transport cocument or the date of the reception stamp thereon whichever is the later.(ii)in the case of a transport document evidencing carriage bv air—the date of issuance indicated on the trans Don document or,if the credit stipulates that the transport document shall indicate an actual flight date,the actual flight date as indicated on the transport document.(iii)in the case of a transport document evidencing loading on board a named vessel—the date of issuance of the transport document or,in the case of anon board notation in accordance with article 27(b),the date of such notation.(Iv)in cases to which Article 44(b)applies,the date determined as above of the latest transport document issued Article 48. a. If the expiry date of the credit and/or the last day of the period of time after the date of issuance of the transport document(s)for presentation of documents stipulated by the creditor applicable bvvirtue of Article 47 falls on a davon which the bank to which presentation has to be made is closed for reasons other than those referred to in article 19,the stipulated expiry date and/or the last day of the period of time after the date of issuance of the transport document(s)for presentation of documents,as the case may be,shall be extended to the first following business day on which such bank is open.b. The latest date for loading on board,or dispatch,or taking in charge shall not be extended by reason of the extension of the expiry date and/or the period of time after the date of issuance of the transport document(s)for presentation of document(s)in accordance with this article.It no such latest date for shipment is stipulated in the creditor amendments thereto,banks will reject transport documents indicating a date of issuance later than the expiry date stipulated in the creditor amendments thereto.c. Thebank to which presentation is made on such first followma business day must add to the documents its certificate that the documents were presented within the time limits extended in accordance with Article 48(a)of the Uniform Customs and Practice for Documentary Credits,1983 revision,[CC Publication No.400. Article 49. Banks are under no obligation to accept presentation of documents outside their banking hours. Loading on board,dispatch and taking in charge(shipment) Article50. a. Unless otherwise stipulated in the credit,the expression"shipment"used in stipulating an earliestand/ora latest shipment date will be underrtood to include the expressions "loading on board","dispatch"and"taking in charge".b. The date of issuance of the transport document determined in accordance with article 47(b)will betaken to be the date of the ship- ment.c. Expressions such as"prompt","immediately","as soon as possible",and the like should not be used.If they are used,banks wilI interpret them asastipulation that shipment istobe made within thirty days from the date of issuance of the credit bvthe issuma bank.d. If the expression"on or about"and similar expressions are used.banks will interpret them as stipulation that shipment is to be made during the period from five days before to five days after the specified date,both end days included. Date terms Article 51. The words"to","until","till","from",and words of similar import applying to any date term in the credit will be understood to include the date mentioned.The word"after"will be understood to exclude the date mentioned. Article 52. The terms"first half","second half'of a month shall be construed respectively as from the 1 st to the 15th,and the 16th to the last day of each month,inclusive. Article 53. The terms"beginninq","middle".or"end"of a month shall be construed respectively as from the 1 st to the 10th,the 11 th to the 20th.and the 21 st to the last day of each month.inclusive. F. Transfer Article54. a. A transferable credit is a credit under which the beneficiary has the right to request the bank called upon to effect payment oracceptance or any bank entitled to effect negotia- tion to make the credit available in whole or in part to one or more other parties(second beneficiaries).b. A credit can be transferred only if it is expressly designa'ed as"transferable"by the issuing bank.Terms such as"divisible","fractionnable","assignable",and"transmissible"add nothing to the meaning of the term"transferable"and shall not be used.c. Thebankreques- t ted to effect the transfer(transferring bank),whether it has confirmed the creditor not,shall be under no obligation to effect such transfer except to the extent and in the manner expressly con- sented toby such bank.d. Bank charges in respect of transfers are payable by the first beneficiary unless otherwise specified.The transferring bank shalIbeunde,no obligation to effect the transfer until such charges are paid.e. A transferable credit can be transferred once only.Fractions of a transferable credit(not exceeding in the aggregate the amount of credit)can be transferred separately,provided partial shipments are not prohibited,and the aggregate of such transfers will be considered as constituting only one transfer of the credit.The credit can be transferred only on the terms and conditions specified in the original credit,with the exception of the amount of the credit,of any unit prices stated therein,o'the period of validity,of the last date for presentation of documents in accordance with Article47 and the period forshipment.anyorall of which may be reduced orcurtailed.orthe percentageforwhich issuance cover must be effected,which may be increased in such a way as to provide the amount of cover stipulated in the original credit,or these articles.Additionally,the name of the first benficiarycan be sub- stituted for that of the applicant for the credit,but if the name of the applicant forthe credit is specifically required by the original credit to appear in anydocument other than the invoice,such requirement must be fulfilled.f. The first beneficiary has the right to substitute his own invoices(and drafts if the credit stipulates that drafts are to be drawn on the applicant for the crediQin exchange for those of the second beneficiary,for amounts not in excess of the original amount stipulated in the credit and for the original unit prices if stipulated in the credit,and upon such substitution of invoices(and drafts)the first beneficiary can draw under the credit for the difference,if any,between his invoices and the second beneficiary's invoices.When a credit has been transferred and the first beneficiary is to supply his own invoices(and drafts)in exchange for the second beneficiary's invoices(and drafts)but fails to do so on first demand,the paying, accepting or negotiating bank has the right to deliver to the issuing bank the documents received under the cred it,including the second beneficiary's invoices(and drafts)without further res- ponsibility to the first beneficiary.g. Unless otherwise stipulated in the credit,the first beneficiary of a transferable credit may request that the credit be transferred to a second beneficiary in the same country,or in another country.Further,unless otherwise stipulated in the credit,the first beneficiary shall have the right to request that payment or regotiation be effected to the second beneficiary at the place to which the credit has been transferred,up to and including the expiry date of the original credit,and without prejudice to the first beneficiary's right subse- quently to substitute his own invoices and drafts(if any)for those of the second beneficiary and to claim any difference due to him. Assignment of proceeds Article55. The fact that a credit is not stated to be transferable shall not effect the beneficiary's right to assign any proceeds to which he maybe,or may become,entitled under such credit,in accordance with the provisions of the applicable law. AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS . KNOW ALL MEN BY THESE PRESENTS : That WHEREAS , LEN-JAC CORP. , a Florida corporation,' (hereinafter referred to as the "Owner" ) , concurrently with the delivery of this Agreement has applied to Dade County, a poli- tical subdivision of the State of Florida (hereinafter referred to as the "County" ) and The City of South Miami , a municipal corporation (hereinafter referred to as the "City" ) , for approval by the Board of County Commissioners and City Commission of a certain plat of a subdivision to be known as : SARA PARK, a copy of which plat is attached hereto and made a part hereof as "Exhibit A" , on which said plat are shown areas offered by the Owner to be dedicated to public use as streets , alleys and other rights-of-way; and WHEREAS , it is necessary in the public interest that improvements within the areas offered to be dedicated be constructed in accordance with the specifications hereinafter set forth; and WHEREAS , Section 17-9 of the Code of the City provides that no plat of platted lands lying within the City shall be approved by the City Council unless a good and sufficient bond be furnished the City conditioned upon the construction of cer- tain subdivision improvements in accordance with specifications and within such time or times as may be required by the City Council, NOW, THEREFORE, in consideration of the approval of said plat by the County and City and acceptance of the dedication of said areas as public streets , alleys and other rights-of-way by the City, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1 . Within twelve months from and after the date of submission of said plat the Owner will construct and will maintain, until acceptance by the City, the following listed ' improvements : Street to be-known--as-76th-Terrace--a/k/-a Sara--Lane, - along with right-of-way areas and all required paving, drainagel - street signs and - fill , provided however, that if the time for such construction be extended by the City because of- unusual circumstances the construction `shall be completed within such extended time. Construction-.of subdivision improvements shall be in - accordance.:- with--:the-_following -specifications-- _ -- 1 SPECIFICATIONS FOR STREET PAVEMENTS Streets shall be constructed in accordance with current City Specifications for Secondary Road Construction and Residential Streets . SPECIFICATIONS FOR HIGHWAY SIGNS Highway signs shall be consructed and erected in accordance with current City Specifications for Standard Street Signs. SPECIFICATIONS FOR NECESSARY FILL, DRAINAGE WELL, CULVERTS GUTTERS , SEWERS AND OTHER NECESSARY DRAINAGE FACILITIES The Owner shall provide for the drainage of all lands , streets and driveways included within the subdivision in accordance with good engineering principles and practices , the same to be appvoved by the City. Low lying land shall be filled to an elevation above general flood level to avoid frequent and periodic flooding. General flood level in any area will be defined by the City. Ditches , storm sewers , culverts, catch basins, dry wells and other drainage provisions shall be built by the Owner as required to prevent excessive and prolonged local ponding of water. Such installations shall be designed and constructed in accordance with current City Specifications . In general , filling of land or construction of drainage facilities shall be planned in such a manner as to avoid creating any added problem to private or public properties near the subdivision. 2 . The Owner tenders to the City an irrevocable letter of credit executed by the Owner, as Principal , in the amount of $ , which amount is not less than the estimated cost of construction and maintenance of the sub- division improvements listed herein. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement within the time limit specified -in_ the__ letter of credit, the City Finance Director, upon certificate of the City Public Works Director that - the .Owner-has -failed to _ complete the ._improvements , shall collect the full amount of the letter of credit which shall 'be applied- to- the construction of those_-_improvements not--completed by the -Owner. Upon receipt of the -total amount-_. of.-money_ specified in the letter of credit, the City shall proceed , as required:.in .Section 17-9 of-the- Code -of- Ordinances to construct and-::maintain_ox=_cause -to'_be; constructed.°and<-ma .ntained_pur.-suant 2 to the public advertisement and receipt and acceptance of bids , said uncompleted subdivision improvements ; and the Owner agres that upon completion of such construction and maintenance, the final total cost to the City thereof , including but not limited to engineering, legal and contingent costs and expenses , together with any damages either direct or consequential, which the City may sustain on account of failure on the Owner to carry out and execute all the provisions of this Agreement. These amounts shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Owner to the City. In the event suit is instituted by the City through the City Attorney upon this Agreement or bond it is stipulated and agreed that in addition to the actual costs and expenses which may be recovered by the City from the irrevocable letter of credit. All non-recovered amounts , including legal expenses and costs shall be the responsibility of the Owner. The Owner' s Irrevocable Letter of Credit is attached hereto as Exhibit "B" and is made a part of this Agreement. Any monies collected from the letter of credit that are not expended in the payment of all costs pertaining to completion action shall be returned to the Owner by the Finance Director . The Owner hereby gives a one-year warranty against all defects in materials and workmanship which may be discovered by the City regarding the improvements constructed. The Owner agrees to indemnify, defend and hold harm- less the City against any claims, suits , actions or damages for any personal injury or property damage arising from the con- struction of the improvements by Owner or its agents, con- tractors or sub-contractors . This indemnity ceases upon the City ' s approval and acceptance of the improvements. IN WITNE S WHEREOF, the Owner has executed these presents this . day of 1987 . ATTEST: LEN-JAC, CORP. , a Florida corporation a _ By i C G Secretary_,-- President_ 366._ norca-_Avenue.1-- Cor _.Gables;--FL- 33134 3 - - • AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS : That WHEREAS , LEN-JAC CORP . , a Florida corporation,- (hereinafter referred to as the "Owner" ) , concurrently with the delivery of this Agreement has applied to Dade County, a poli- tical subdivision of the State of Florida (hereinafter referred to as the "County" ) and The City of South Miami , a municipal corporation (hereinafter referred to as the "City" ) , for approval by the Board of County Commissioners and City Commission of a certain plat of a subdivision to be known as : SARA PARK, a copy of which plat is attached hereto and made a part hereof as "Exhibit A" , on which said plat are shown areas offered by the Owner to be dedicated to public use as streets , alleys and other rights-of-way; and WHEREAS , it is necessary in the public interest that improvements within the areas offered to be dedicated be constructed in accordance with the specifications hereinafter set forth; and WHEREAS , Section 17-9 of the Code of the City provides that no plat of platted lands lying within the City shall be approved by the City Council unless a good and sufficient bond be furnished the City conditioned upon the construction of cer- tain subdivision improvements in accordance with specifications and within such time or times as may be required by the City Council , NOW, THEREFORE, in consideration of the approval of said plat by the County and City and acceptance of the dedication of said areas as public streets , alleys and other rights-of-way by the City, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1 . Within twelve months from and after the date of submission of said plat the Owner will construct and will maintain, until acceptance by the City, the following listed improvements : Street to be- known as 76th Terrace a/k/a 'Sara Lane, along with right-of-way areas and all required paving, drainage, street---signs.- and fill ! ' provided however, that if the time--for---such - construction be extended by the City because of unusual circumstances the construction shall be - completed within such extended time. Cornstructi:ori :_of --subdivision=-improvements-,shall =.be :_in accordance with the-.:Eoll-owi-ng .specif:icatioris-:-� . 1 SPECIFICATIONS FOR STREET PAVEMENTS Streets shall be constructed in accordance with current City Specifications for Secondary Road Construction and Residential Streets . SPECIFICATIONS FOR HIGHWAY SIGNS Highway signs shall be consructed and erected in accordance with current City Specifications for Standard Street Signs . SPECIFICATIONS FOR NECESSARY FILL, DRAINAGE WELL, CULVERTS GUTTERS , SEWERS AND OTHER NECESSARY DRAINAGE FACILITIES The Owner shall provide for the drainage of all lands , streets and driveways included within the subdivision in accordance with good engineering principles and practices, the same to be appvoved by the City. Low lying land shall be filled to an elevation above general flood level to avoid frequent and periodic flooding . General flood level in any area will be defined by the City. Ditches, storm sewers, culverts , catch basins, dry wells and other drainage provisions shall be built by the Owner as required to prevent excessive and prolonged local ponding of water. Such installations shall be designed and constructed in accordance with current City Specifications . In general, filling of land or construction of drainage facilities shall be planned in such a manner as to avoid creating any added problem to private or public properties near the subdivision . 2 . The Owner tenders to the City an irrevocable letter of credit executed by the Owner, as Principal, in the amount of $ , which amount is not less than the estimated cost of construction and maintenance of the sub- division improvements listed herein. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement within the time limit specified in the letter of credit, the City Finance Director , upon certificate of the City Public Works Director that the Owner ..has failed to complete the improvements, shall collect the -full amount of the- letter of credit-which--shall be - -- applied to---the--construction--of- those imp-rovements-._not- completed - by the Owner--. Upon receipt---of the.- total amount of money specified in the letter of credit, the City shall proceed as required-in- Section -17-9 of the Code of Ordinances- to construct and= maintain =or=°cause--to %be==constructed-.-and _maintained:.=pursuant- 2 s to the public advertisement and receipt and acceptance of bids , said uncompleted subdivision improvements ; and the Owner agres that upon completion of such construction and maintenance, the final total cost to the City thereof , including but not limited to engineering, legal and contingent costs and expenses; together with any damages either direct or consequential, which the City may sustain on account of failure on the Owner to carry out and execute all the provisions of this Agreement. These amounts shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Owner to the City. In the event suit is instituted by the City through the City Attorney upon this Agreement or bond it is stipulated and agreed that in addition to the actual costs and expenses which may be recovered by the City from the irrevocable letter of credit. All non-recovered amounts , including legal expenses and costs shall be the responsibility of the Owner . The Owner' s Irrevocable Letter of Credit is attached hereto as Exhibit "B" and is made a part of this Agreement. Any monies collected from the letter of credit that are not expended in the payment of all costs pertaining to completion action shall be returned to the Owner by the Finance Director . The Owner hereby gives a one-year warranty against all defects in materials and workmanship which may be discovered by the City regarding the improvements constructed. The Owner agrees to indemnify, defend and hold harm- less the City against any claims, suits , actions or damages for any personal injury or property damage arising from the con- struction of the improvements by Owner or its agents , con- tractors or sub-contractors . This indemnity ceases upon the City' s approval and acceptance of the improvements. IN WITNESS WHEREOF, the Owner has executed these presents this day of /��s'' 1987 . ATTEST: LEN-JAC, CORP. , a Flori a corporation S.ecr-.etar_y_= President 366 11orca:Avenue Corm Gables Y-=FL`r ::33134 `- 3 __ AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS: That WHEREAS , LEN-JAC CORP . , a Florida corporation,' (hereinafter referred to as the "Owner" ) , concurrently with the delivery of this Agreement has applied to Dade County, a poli- tical subdivision of the State of Florida (hereinafter referred to as the "County" ) and The City of South Miami , a municipal corporation (hereinafter referred to as the "City" ) , for approval by the Board of County Commissioners and City Commission of a certain plat of a subdivision to be known as : SARA PARK, a copy of which plat is attached hereto and made a part hereof as "Exhibit A" , on which said plat are shown areas offered by the Owner to be dedicated to public use as streets , alleys and other rights-of-way; and WHEREAS, it is necessary in the public interest that improvements within the areas offered to be dedicated be constructed in accordance with the specifications hereinafter set forth; and WHEREAS , Section 17-9 of the Code of the City provides that no plat of platted lands lying within the City shall be approved by the City Council unless a good and sufficient bond be furnished the City conditioned upon the construction of cer- tain subdivision improvements in accordance with specifications and within such time or times as may be required by the City Council , NOW, THEREFORE, in consideration of the approval of said plat by the County and City and acceptance of the dedication of said areas as public streets , alleys and other rights-of-way by the City, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1 . Within twelve months from and after the date of submission of said plat the Owner will construct and will maintain, until acceptance by the City, the following listed improvements : Street to be known as 76th Terrace a/k/a Sara Lane, along with right-of-way areas and all required paving, drainage, street signs and fill, provided however, that if the time for such construction be extended by the City because of unusual circumstances the construction shall be completed within such extended time. Construction of subdivision improvements shall be in accordance with the following specifications : 1 i SPECIFICATIONS FOR STREET PAVEMENTS Streets shall be constructed in accordance with current City Specifications for Secondary Road Construction and Residential Streets. SPECIFICATIONS FOR HIGHWAY SIGNS Highway signs shall be consructed and erected in accordance with current City Specifications for Standard Street Signs. SPECIFICATIONS FOR NECESSARY FILL, DRAINAGE WELL, CULVERTS GUTTERS, SEWERS AND OTHER NECESSARY DRAINAGE FACILITIES The Owner shall provide for the drainage of all lands , streets and driveways included within the subdivision in accordance with good engineering principles and practices , the same to be appvoved by the City. Low lying land shall be filled to an elevation above general flood level to avoid frequent and periodic flooding . General flood level in any area will be defined by the City. Ditches, storm sewers, culverts , catch basins , dry wells and other drainage provisions shall be built by the Owner as required to prevent excessive and prolonged local ponding of water . Such installations shall be designed and constructed in accordance with current City Specifications. In general, filling of land or construction of drainage facilities shall be planned in such a manner as to avoid creating any added problem to private or public properties near the subdivision. 2 . The Owner tenders to the City an irrevocable letter of credit executed by the Owner, as Principal , in the amount of $ , which amount is not less than the estimated cost of construction and maintenance of the sub- division improvements listed herein. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement within the time limit specified in the letter of credit, the City Finance Director, upon certificate of the City Public Works Director that the Owner has failed to complete the improvements , shall collect the full amount of the letter of credit which shall be applied to the construction of those improvements not completed by the Owner . Upon receipt of the total amount of money specified in the letter of credit, the City shall proceed as required in Section 17-9 of the Code of Ordinances to construct and maintain or cause to be constructed and maintained pursuant 2 to the public advertisement and receipt and acceptance of bids, said uncompleted subdivision improvements; and the Owner agres that upon completion of such construction and maintenance, the final total cost to the City thereof, including but not limited to engineering, legal and contingent costs and expenses; together with any damages either direct or consequential, which the City may sustain on account of failure on the Owner to carry out and execute all the provisions of this Agreement. These amounts shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Owner to the City. In the event suit is instituted by the City through the City Attorney upon this Agreement or bond it is stipulated and agreed that in addition to the actual costs and expenses which may be recovered by the City from the irrevocable letter of credit. All non-recovered amounts , including legal expenses and costs shall be the responsibility of the Owner. The Owner' s Irrevocable Letter of Credit is attached hereto as Exhibit "B" and is made a part of this Agreement. Any monies collected from the letter of credit that are not expended in the payment of all costs pertaining to completion action shall be returned to the Owner by the Finance Director . The Owner hereby gives a one-year warranty against all defects in materials and workmanship which may be discovered by the City regarding the improvements constructed. The Owner agrees to indemnify, defend and hold harm- less the City against any claims, suits , actions or damages for ,any personal injury or property damage arising from the con- struction of the improvements by Owner or its agents , con- tractors or sub-contractors . This indemnity ceases upon the City' s approval and acceptance of the improvements. IN WIT SS WHEREOF, a Owner has executed these presents this day of , 1987 . ATTEST: LEN-JAC, CORP. , a Florida corporation 04 cez'i'm e�4� By: Secretary President 366 inorca Avenue Co 1 Gables, FL 33134 - 3 �� •INFORMATION TO BE TYPED ON • EANK NOTE PAPER OR BANK LETTERHEAD* IRREVOCABLE LETTER OF CREDIT No. BANK'S ASSIGNED NUMBER Date: ISSUANCE DATE 0-4rA-M 1�i►^1 �- .(� �v r��I.L- rs w c/o r s t .. Fine�Y s ie_.1-4�0 u o ^N1e��•6�D�ad e'�C�YTt�+�'P'�' � t .a D i Mi.�I°L'433`1�8^ls- a � M Gentlemen: ,i co rn a We hereby authorize you to draw on us by and for the account of can NAME OF ACCOUNT HOLDER o �+ up to an aggregate amount of WRITTEN OUT W �o° v ($ NUMBERS ) a a o Ck7Y4' XAvailable by your drafts at sight accompanied by a Certificate of 4j v E+ Public Works Director, that OWNER'S NAME - SEE AGREEMENT PAGE NO. 1 �° � 3 e � ~ has failed to complete the improvements as specified in Agreement dated G u v -4 W W (SEE TOP OF PAGE NO. 3 - AGREEMENT) ct ��S N1t ` "_q w° x between Rmte -�arrtp- and W u w Ic NAME OF SUBDIVISION •*+ Q OWNER'S NAME for (SEE PAGE NO. 1 AGREEMENT) U u a This Letter of Credit shall be valid until ONE YEAR FROM ISSUANCE and N a w shall thereafter be automatically renewed for successive one-year periods upon m o u Q W the anniversary of its issue unless at least sixty (60) days prior to any such 4 o .1 CQ a H anniversary date we notify you in writing to the Chief, Engineering Services o o Division, Suite 1420, Metro Dade Center, 111 N.W. First Street, Miami, FL C m w 33128-1970 that we elect not to so renew this Letter of Credit. Upon receipt o o e by you of such notice you may draw hereunder by your drafts drawn at sight on W us and accompanied by a certificate signed by the Director of the Public Works $4 4 Department to the effect that the aforesaid bond is in full force and effect w 44 c ti w on that date. o a ,0 E• We hereby agree with you that all drafts drawn under and in compliance with the a .c terms of this credit shall be duly honored upon presentation to the drawee. u -W 4) X o a Drafts must be drawn and negotiated not later than ONE YEAR FROM ISSUANCE or the last day of any renewal period. Each draft must state that At is "drawn under letter of credit of the NAME OF BANK Dated DATE OF ISSUANCE "; and the amount thereof endorsed on this letter of credit and also on our correspondent's advise of this credit. We hereby agree with the drawers, endorsers, and bonafide holders of all drafts under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee. BANK OFFICER Aut ori.ze ignature ` RP1,i cars In—As ® 0 City of South Miami INTER: -bFFICE MEMORANDUM TOE Mark Balkovek, Actg. Director, DATE= January 22, 1987 Building, Zoning & Comm. Developmt: FROW .John R. Dellagloria SUBJECT: Plat, Sara Park Residential City Attorney Development In addition to your review of this Agreement and, iw. particular, paragraph 1 thereof, this is to remind you ,that publication for the public hearing on February 10, 1987 by the Planning Board should be coordinated by your office. JRD/ms Attachment City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667-5691 A G E N D A PLANNING BOARD FEBRUARY 10, 1987 7:30 p.m. A. Call to order and the Pledge of Allegiance to the flag of the United States of America. B. Roll call. C. Public Hearing No. 87-001 to discuss the approval of a final plat map of the Sara Park Subdivision. D. General Discussion 1. Approval of Minutes of January 13, 1987. 2. Remarks E. Adjournment AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, LEN-JAC CORP. , a Florida corporation, (hereinafter referred to as the "Owner" ) , concurrently with the delivery of this Agreement has applied to Dade County, a poli- tical subdivision of the State of Florida (hereinafter referred to as the "County" ) and The City of South Miami , a municipal corporation (hereinafter referred to as the "City" ) , for approval by the Board of County Commissioners and City Commission of a certain plat of a subdivision to be known - as: SARA PARK, a copy of which plat is attached hereto and made a part hereof as "Exhibit A" , on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights-of-way; and WHEREAS, it is necessary in the public interest that improvements within the areas offered to be dedicated be constructed in accordance with the specifications hereinafter set forth; and WHEREAS, Section 17-9 of the Code of the City provides that no plat of platted lands lying within the City shall be approved by the City Council unless a good and sufficient bond be furnished the City conditioned upon the construction of cer- tain subdivision improvements in accordance with specifications and within such time or times as may be required by the City Council , NOW, THEREFORE, in consideration of the approval of said plat by the County and City and acceptance of the dedication of said areas as public streets, alleys and other rights-of-way by the City, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. Within twelve months from and after the date of submission of said plat the Owner will construct and will maintain, until acceptance by the City, the following listed improvements: Street to be known as 76th Terrace a/k/a Sara Lane, along with right-of-way areas provided however, that if the time for such construction be extended by the City because of unusual circumstances the 1 construction shall be• completed within such extended time. Construction of subdivision improvements shall be in accordance with the following specifications: SPECIFICATIONS FOR STREET PAVEMENTS Streets shall be constructed in accordance with current City Specifications for Secondary Road Construction and Residential Streets. SPECIFICATIONS FOR HIGHWAY SIGNS Highway signs shall be consructed and erected in accordance with current City Specifications for Standard Street Signs. SPECIFICATIONS FOR NECESSARY FILL, DRAINAGE WELL, CULVERTS GUTTERS, SEWERS AND OTHER NECESSARY DRAINAGE FACILITIES The Owner shall provide for the drainage of all lands, streets and driveways included within the subdivision in accordance with good engineering principles and practices, the same to be appvoved by the City. Low lying land shall be filled to an elevation above general flood level to avoid frequent and periodic flooding. General flood level in any area will be defined by the City. Ditches, storm sewers, culverts, catch basins, dry wells and other drainage provisions shall be built by the Owner as required to prevent excessive and prolonged local ponding of water. Such installations shall be designed and constructed in accordance with current City Specifications. In general, filling of land or construction of drainage facilities shall be planned in such a manner as to avoid creating any added problem to private or public properties near the subdivision. 2. The Owner tenders to the City an irrevocable letter of credit executed by the Owner, as Principal, in the amount of $ , which amount is not less than the estimated 66-9t of construction and maintenance of the sub- division improvements listed herein. In the event the Owner shall fail or neglect to fulfill his obligations under this Agreement within the time limit specified in the letter of credit, the City Finance Director, upon certificate of the City Public Works Director 2 that the Owner has failed to complete the improvements, shall collect the full amount of the letter of credit which shall be applied to the construction of those improvements not completed by the Owner. Upon receipt of the total amount of money specified in the letter of credit, the City shall proceed as required in Section 17-9 of the Code of Ordinances to construct and maintain or cause to be constructed and maintained pursuant to the public advertisement and receipt and acceptance of bids, said uncompleted subdivision improvements; and the Owner agres that upon completion of such construction and maintenance, the final total cost to the City thereof, including but not limited to engineering, legal and contingent costs and . expenses, together with any damages either direct or consequential, which the City may sustain on account of failure on the Owner to carry out and execute all the provisions of this Agreement. These amounts shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Owner to the City. In the event suit is instituted by the City through the City Attorney upon this Agreement or bond it is stipulated and agreed that in addition to the actual costs and expenses which may be recovered by the City from the irrevocable letter of credit. All non-recovered amounts, including legal expenses and costs shall be the responsibility of the Owner. The Owner ' s Irrevocable Letter of Credit is attached hereto as Exhibit "B" and is made a part of this Agreement. Any monies collected from the letter of credit that are not expended in the payment of all costs pertaining to completion action shall be returned to the Owner by the Finance Director. IN WITNESS WHEREOF, the Owner has executed these presents this ZQfi_ day of IL 1987. ATTEST: LEN-JAC, CORP. , a Florid corporation Secretary President 36 inorca Avenue Co 1 Gables, FL 33134 3 INFORMATION TO BE TYPED ON BANK NOTE PAPER OR BANK LETTERHEAD IRREVOCABLE LETTER OF CREDIT No, Date: TO: CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami , Florida 33143 Attn: City Manager Gentlemen: We hereby authorize you to draw on us by and for the account of LEN-JAC, CORP. , a Florida corporation, up to an aggregate amount of FOURTEEN THOUSAND ONE HUNDRED DOLLARS ($14 ,100 . 00 ) Available by your drafts at sight accompanied by a Certificate of City of South Miami , Public Works Director, that LEN-JAC CORP. has failed to complete the improvements as' specified in Agreement dated the ,a day of January, 1987 , between City of South Miami and L N-JAC CORP. for construction of subdivision improvements. This Letter of Credit shall be valid until one year from date and shall thereafter be automatically renewed for successive one-year periods upon the anniversary of its issue unless at least sixty (60 ) days prior to a such anni ersary d to we notify ou in writing to the C tha we -elect- not to so renew this 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 certificate 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. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit shall be duly honored upon presentation to the drawee. 1 i i Drafts must be drawn and negotiated not later than Jut a 0- 1qqq or the last day of any renewal period. E c draft must state that it is "drawn under letter of credit of the /r NA Dated rl/?,MIjW4 b .19gg-7 " % and in the amount thereof endorsed on this letter of cr dit and also on our correspondent' s advice of this credit. We hereby agree with the drawers, endorsers, and bonafide holders of all drafts under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee. Authorized Signature i i i I I 2 ..w TV _ k § 177.101 MUNICIPALITIES . MUNICIPALITIES included in the second plat, upon application of the owners and developer of such lands tions,but only if-the board formally a under the first plat or their successors, grantees, or assignees and the-circuit court clerk proceeds in accordance with the requir ' part II of chapter 163. Op.Atty.Ger of the county shall thereupon make proper notation of the action of the governing body March 18, 1975. upon the face of the first plat. Board of county commissioners had (3) The governing bodies of the,counties of the state may adopt resolutions vacating ity under this section to vacate subdi plats in whole or in part of subdivisions in said counties, returning the property covered by such plats either in whole or in part into acreage. Before such resolution of vacating. 177.111. Instructions for filing any plat either in whole or in part shall be entered by the governing body of a county, it must be shown that the persons making application for said vacation own the fee simple After.the approval by the appri title to the whole or that part of the tract covered by the plat sought to be vacated, and it shall be recorded by the.circuit c must be further shown that the vacation by the governing body of the county will not thereto of such approved plat. affect the ownership or right of convenient access of persons owning other parts of the maintain in his office a book of 0 subdivision. folded, to be kept in the vault. (4) Persons making application for vacations of plats either in whole or in part shall similar book and kept in his ofl give notice of their intention to apply to the governing body of the county to vacate said available to the public a full size plat b publishing c. 71-339 1 eff. Sept. p y p h ng legal notice in a newspaper of general circulation in the county in Laws 1971, , § P which the tract or parcel of land is located, in not less than two weekly.issues of said 1977. paper,and,must attach to the petition for vacation the proof of such publication, together haws 1976, c. 76r110, substituted with certificates showing that all state and county taxes have been paid. For the purpose °bodies", "recorded by" for"submitt of the tax collector's certification that state, county, and municipal taxes have been paid, "upon submission thereto of such app the taxes shall be deemed to have been paid if, in addition to any partial payment under s. for "for his acceptance and recordi 194.171, the owner of the platted lands sought to.be vacated shall post a cash bond, first sentence. approved by the tax collector of the county where the land is located and by the . Department of Revenue, conditioned to pay the full amount of any judgment entered pursuant to s. 194.192 adverse to the person making partial payment, including all costs, Notes of Decisions interest,and penalties. The circuit court shall fix the amount of said bond by order, after 1. In general considering the reasonable time frame for such litigation and all other relevant factors; The circuit court clerk for Clay and a,certified,copy of such approval, order, and cash bond shall be attached to the record a plat that has been appro application. If such tract or parcel of land is within the corporate limits of any incorporated city or town, the governing body of the county shall be furnished with a 177.121. Misdemeanor to mole certified copy of a resolution of the town council or city commission, as the case may be, showing that it has already by suitable resolution vacated such plat or subdivision or such It is a misdemeanor.of the se part thereof sought to be vacated. 775.083, for any person to molest (5) Every such resolution by the governing body shall have the effect of vacating all to deface or destroy any map or streets and alleys which have not become highways necessary for use by the traveling Laws 1971, c. 71-339, § 1A, eff: SeI public. Such vacation shall not become effective until a certified copy of such resolution has been filed in the offices of the circuit court clerk and duly recorded in the public 177.131. Recordation of the da records of said county. and other governm, (6) All resolutions vacating plats by the governing body of a.county prior to September (1) The circuit court-clerk, of 1, 1971 are hereby.validated, ratified, and confirmed. . Such resolutions shall have the county_any map prepared and a, same effect as if the plat had been vacated after September 1, 1971. - _ governmental entity as its offici; - Laws 1971, c. 71-339, § 1, eff. Sept. 1, 1971. Amended-by Laws 1979, c. 79-86, § 1, eff. May 28, the appropriate governmental ai K _ 1979• _ - - - - - _ by the appropriate governmenta plat books. The clerk shall i - Laws 1979,c.79-86, § 1, interpolated the sec- A.municipality may discontinue or vacate a -right-of-way maps at a reasonal and and third sentences in subset. (4). street located within the municipality without _ _ subsequent approval of the county, even though - (2) Sections 177.011-177.121 i shown on a recorded plat covering land within _ request of the clerk,-the depw - - Notes of Decisions and without the municipality, unless such street reproducible copy of its right-oi had been designated a-part of-the county road 1. In general _ - system pursuant to-§ 336.01. Op.Atty.Gen., Lawn 1971,c. 71-339, § 1, eff. Sep, 076-12,Jan. 8, 1976. A county commission in the process of vacat _-_ ing a platted subdivision within its jurisdiction This section does not empower the board of - 177.132. Preservation of ugrf has the authority to vacate or abandon the public county commissioners of a non chartered county - 1 The clerk of the circuit Cot i rights in a ark shown on a subdivision lat. to vacate subdivision plats on its o:qn•motion. -- otherwise unrecorded plats and g P P Such authority does exist under § 163.280, in - Op.Atty.Gen.;83-51, August 12, 1983. certain-circumstances and upon certain condi. the boundaries and subdivision 68 MUNLCIPAbITIES MUNICIPALITIES _ § 177:101 .(23) The center lines of all streets shall be shown with distances, angles, bearings or uch as bonding requirements "P.C.Ps" azimuth, "P.C.s," "P.T.s," "P.R.C.s," "P.C.C.s," arc distance, central angles, tangents, other surety=It is the land surveyors radii,chord, and chord bearing-or azimuth, or both. fficer of the county-or municipality his - ad the dates the "P.C.P-.s"were set. (24) Park and recreation parcels as-applicable shall be so designated: and range as applicable, or, if in a land (25) All interior excepted parcels shall be clearly indicated and labeled "Not a part of this plat. qty and state-in which-the land being- (26) The purpose of al areas dedicated must be clearly indicated or stated on the-plat. of the plat-as applicable. _ _ .427) When it is not possible to show curve detail information on the map,-a tabular form nds subdivided,and the description shall may be used.- _ - ption must be so complete that from it, i Laws 1971,c.71-339, § 1, eff. Sept. 1, 1971. Amended by Laws 1973, c: 73-333, § 51,eff. Aug. b, int and boundary can be determined. 1973' y ss. 177.071 and 177.081, Florida Stat- r Laws 1973,-c..73-333, was a reviser's bill. - acres was'not size where developer's parcel wa not.a - i Reviser's Note-1973: _ platted,lot or block but was merely a piece of acreage;described in metes and bounds,within a _ ie Land Surveyor's certificate and seal. This amendment[to subsec.(22)]contains'an-. larger platted tract. Kane Homes, Inc..v. City occurring in the map or plat shall be s guage added by the.editors in the interest of of North Lauderdale,App.,418 So.2d 451(1982). clarity th appropriate words and figures. If the Where grantee and its successors took convey f beginning shall be indicated, together Law Review Commentaries ance by reference to grantor's recorded plat,all lines. If the platted lands are in a land Real Property: Estates and other interests. restrictions, easements and reserved rights ap Ralph. E. Boyer, 22 U.Miami L.Rev. 278, 326 pearing on plat were incorporated in instruments overnment surveys, then the boundaries been 'recited The initial point in the description (1967). of conveyance as if the same had bee recited in -or other recorded and well established the instruments. Peninsular Point,Inc.v.South Georgia Dairy Coop.,App.,251 So.2d 690(1971). Notes of Decisions Plat which dedicated street of subdivision to waterways, or other rights-of-way shall 1. In general perpetual use of public, which reserved the City was not obligated to issue developer street to grantor whenever abandoned by public e shown on.the plat or in the notes or building permits on basis that its parcel fell or discontinued by law and which was referred fated within exception to platting requirement which to in deed to abutting property manifested clear provided that platting requirement would not intention that grant or conveyance of abutting fied by subdivision title, plat book, and apply to applications for building permit for con- property did not extend to center of street; thus, 'hated. If the subdivision platted is a struction of building or structure on any single grantor rather than grantee's successor in title usly recorded subdivision,.sufficient ties family lot-or parcel or on any platted multifamily had better title to the street upon its abandon or nonresidential_ lot or parcel less than five ment. Id. the earlier plat to permit an overlay to be 1' be stated as a subtitle following the name lat. 177.101.. Vacation and annulment of plats subdividing land ressive numbers or, if in blocks, progres- (1) Whenever it is discovered, after the plat has been recorded in the public records, rogressively numbered or lettered, except that the developer has previously caused the lands embraced in the second plat to be ,me name may be numbered consecutively differently subdivided under and by virtue of another plat of the same identical lands,and the first plat was also filed of public record at an earlier date, and no conveyances of lots by reference to the first plat so filed appears of record in such county,the governing body gown. of the county is authorized and directed to and.shall, by resolution, vacate and annul the ).positively describe the bounds of every first plat of such lands appearing of record upon the application of the developer of such s shown on the plat. When any lot or lands under the first plat or upon application of the owners of all the lots shown and gular line, the major portion of that lot or designated upon the second and subsequent plat of such lands, and the circuit court clerk e showing complete data, with distances of the county shall thereupon make proper notation of the annulment of such plat upon to the irregular boundary shown-with as the face of such annulled plat. re or less," if variable. Lot, block, street, (2) Whenever it is discovered that after the filing of a plat subdividing a parcel of land. andaries, shall be shown to a minimum of located in the county,the developer of the lands therein and thereby subdivided did cause 1i -fer to horizontal plane and.in accordance such lands embraced in said plat, or a part thereof, to be again and subsequently iy the United States Bureau of Standards. differently subdivided,under another plat of the same and identical lands or a part !, re distances, and central angles or`radii, thereof, which said second plat was also filed at a later date; and-it is further made to nes will be so designated. Direction of appear to the governing body of the county that the filing and recording.of the second plat would not materially affect the right of convenient access to lots previously conveyed to show direction of all lines shall be under. the first plat, the governing body of the county is. authorized,by resolution to vacate and annul so much of the first plat.of such lands appearing of record as are all be shown to the nearest second of arc. 67 A City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 667-5691 January 21, 1987 Mr. Jim Hirids Len-Jac Corp. 366 Minorca Avenue Coral Gables, Florida 33134 Re: Sara Park Subdivision Improvements Dear Jim: Pursuant to our conversation of this date, this is to advise that the plat for Sara Park Subdivision will be on the Planning Board agenda of February 10, 1987, and upon their final action we anticipate this would be scheduled before the City Commission meeting of February 17, 1987. After our discussion this afternoon, I received the Irrevocable Documentary Letter of Credit, which has two final paragraphs which were not contained in the draft of the Letter of Credit which you and I reviewed. I would appreciate your calling or coming into the office so that we may discuss this language. By way of this letter, I am also requesting our Planning Department to review the agreement for subdivision improvements so that any final changes may be made in advance of the February 17th meeting. I have also confirmed with your counsel, Robert Worley, that upon final recording, the City shall receive a copy of the final plat which shall indicate acceptance by the mortgagee of the dedication to the City free and clear of any encumbrance. Sincerely, John R. Dellag oria JRD/ms City Attorney cc: Mark Balkovek, Actg. Director, Building, Zoning & Community Development Robert G. Worley, Esq. "City of Pleasant Living" , CASH PERFORMANCE BOND FOR SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS : That LEN-JAC CORP. , a Florida corporation, herein- after called the Principal, is held and firmly bound unto the City of South Miami , a municipal corporation of the State of Florida, in the penal sum of Fourteen Thousand One Hundred Dollars ( $14,100 .00 ) , which sum is deposited by the Principal in an irrevocable letter of credit with the City of South Miami for the faithful performance of a certain written agreement dated *11 , 1987 , given by the Principal to the City of South Miami for the construction and maintenance of subdivision improvements in a certain subdivision known as Sara Park, a copy of which agreement is attached and by this reference made a part hereof . NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall comply in all respects with the terms and conditions of said agreement, with the times therein specified, and shall in every respect fulfill its obligations thereunder , this obligation shall be void , and the letter of credit deposited shall be returned without interest to the Principal by the Finance Director; otherwise P� 0 this obligation shall remain in full force and the Princi- pal, its successors and assigns, does hereby irrevocably agree that within the time limit specified in the letter of credit, the City Finance Director, upon certificate of the City Building and Zoning Director that the Owner has failed to complete the improvements, shall collect the full amount of the letter of credit which shall be applied to the con- struction of those improvements not completed by the Owner. Upon receipt of the total amount of money specified in the letter of credit, the City shall proceed as rapidly as pos- sible to construct and maintain or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids, said uncompleted subdivison improve- ments , and the Owner agrees that upon completion of such construction and maintenance, the final total cost to the City thereof, including but not limited to engineering, legal and contingent costs and expenses, together with any damages either direct or consequential, which the City may sustain on account of failure of the Owner to carry out and execute all the provisions of this agreement shall be paid from the monies previously collected from the letter of credit. The penal sum hereinabove stipulated and deposited is not a limitation upon the liability of the Principal to the City. In the event suit is instituted by the City through the City Attorney upon this agreement or bond, it is stipulated and agreed tht in addition to the actual costs and expenses of litigation, the City shall recover as its legal expense an amount equal to $100 plus ten percent of the amount recovered by the City. Any monies collected from the letter of credit that are not expended in payment of all costs pertaining to com- pletion action shall be returned to the Owner by the Finance Director. IN WITNESS WHEREOF, the Principal has executed these presents this .,,�QtL day of rA4 , 1987 . LEN-JAC CORP. , A Florida corporation By: President Attest: p► `�' ecretary 366 Minorca Avenue Coral Gables, Florida 33134 Tity Of South Miami INTER—OFFICE MEMORANDUM ro: John Dellagloria DATE; January 15, 1987 T City Attorney `ROM Mark Balkovek SUBJECT: Final Plat Map No. 15621 Actg. Director - Building, Sara Park Residential Development Zoning & Community Development BACKGROUND:- The final Plat Map No. 15621 for Sara Park Residential Development has been submitted for final review and approval by the City Commission. This Plat is for the development of nine single-family, detached homes on 2.6 acre tract located on S.W. 58th Avenue and proposed S.W. 76th Terrace. The legal description as follows: The North 2, of the N.E. 4, of the S.E. 4, of the N.E. 4, of Section 36, Township 54 South, Range 40 East; less the East 286.20 feet and the West 25.00 feet thereof. The area is zoned RS-3, single-family, 10,000 square feet minimum lot size. The lots vary in area of 10,400 sq. ft. to 13,500 sq. ft. meeting minimum requirements. - The 'developer met with planning staff in early October in a pre- liminary conference. At this meeting, the proposal was recommended to be redesigned in order to meet minimum set-back requirements and lot size. The developer returned with a tentative Plat map for staff's review, comment and approval as it related to zoning re- quirements. It was determined at that time that all zoning require- ments had been met and the tentative Plat was signed by the Director in order to facilitate the processing of the Plat map as required by Chapter 28 of the County Subdivision Ordinance. It was discussed that the exact procedures were not clear as to the processing of this Plat map. The Director at the time said adminis- trative review and approval of the tentative Plat was appropriate. The final Plat map would have to be approved by the City Commission. The adoption would be by resolution and the Mayor would sign the ac- ceptance of public dedication provided all bonds or monies are in order as to form and acceptable by the City Attorney. The director at the time had indicated that the final tract map would probably need to go before the Planning Board as a public hearing before City Commission approval. This fact was brought to the attention of current staff in the past few days. The question as to whether this final Plat needing public hearing is unclear when reviewing the City's Codes. This will require the determination of the City's legal counsel. (/2. . . . . .) 0 • Final Plat Map No. 15621 - 2 - January 15, 1987 The developer submitted his tentative Plat and drawings of three proposed model units to the E.R.P.B. for their review and conditional approval.on January 6, 1987, (draft Minutes attached) . The submitted drawings and conditionally approval stipulating that the Final Plat map is accepted by the Planning Commission. Staff had indicated that zoning requirements had been met under the RS-3 zone. The developer submitted to planning staff. on January 12, 1987, tenta- tive review packet documentation as prepared by the County of Dade and the various utilities along with conditions of approval. On January 14, the surveyor for this project submitted drawings of the final Plat for staff's review and signature. In mid-December, there was a meeting between Planning staff, the new City Attorney, and representatives of the Sara Park Development to review and determine the procedure for Final Plat approval. At that meeting it was indicated tentatively by the City Attorney that the City code was not clear as to Plat maps needing to go before the Planning Board if in fact the Plat was not requesting a variance or special exception and meet all standard zoning requirements. Since the aforementioned meeting, planning staff has been reviewing department files and have found a similar project named the Harris Estate Subdivision which was approved by resolution 31-81-3967 on June 9th of 1981 by the City Commission. This aforementioned Plat was reviewed by a "Plat Committee'which consisted of City staff and Engineering consultants. The final was set for a noticed public hearing. It should be noted, however, that this particular Plat required the abandonment and closure of a dedicated right-of-way. Planning staff has some questions and recommendations as to the Final review of staff level and at the legislative level. 1. Planning staff is not technically trained to review the final plat map for technical correctness and would therefore recommend that the City's Engineering Consultant, Carr Smith and Associates, Inc. , review the Final Plat as submitted on January 14, 1987 for any comments or corrections. 2. -That the support documentation submitted by the developer as it relates to agreements, conditions of approval by the County of Dade, and proposed Improvements Construction Agreement be reviewed by Carr Smith and Associates, Inc. , for technical correctness and any other recommendations that would protect the City's interests. 3. That if a public hearing is not required, then the final can go before the City Commission on the meeting of February 3, 1987, providing the review by the City Engineer is completed. (/3. . . . .) Final Plat Map No. 15621 - 3 - January 15, 1987 4. If it is determined a noticed public hearing is required, then the following is recommended. A. 27th January. 14-day public notice before Planning Board hearing sent out. B. 10th February. Planning Board Hearing. C. 17th February. Final Plat review and acceptance by City Commission. MB:nb Attachment v LAW OFFICES R013E$T G. WORLEY 310 ALHAMBRA CIRCLE COEAL GAHLSS,FLORIDA 33134 TELEPHONE(305)441-1273 January 13 , 1987 City of South Miami 6130 Sunset Drive South Miami , Florida 33143 Attn: John Dellagloria, City Attorney Re: Subdivision improvements in Sara Park Gentlemen: I represent Len-Jac Corp. , a Florida corporation, who is the owner and developer of a subdivision to be platted and known as Sara Park. My client has submitted an application to you for the approval of the tentative plat and further has submitted an agreement for construction of subdivision improvements and a cash performance bond for subdivision improvements which has been secured by an irre- vocable letter of credit. The improvment to be known as 76 Terrace (Sara Lane) , together with the necessary rights-of- way, will be dedicated to the City subject to your approval. The legal description to the property to be subdi- vided and upon which the dedicated street is to be located is legally described as follows: The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 , less the East 286 .2 feet and the West 25 feet thereof , Section 36 , Township 54 South, Range 40 East lying and being in Dade County, Florida. City of South Miami January 13 , 1987 Page 2 It is my opinion that my client, Len-Jac Corp. , is the fee simple owner of the above described property and that the property is free and clear of all liens and encum- brances except for a mortgage to Flavio Development Corpora- tion in the principal amount of $148,000 . It is my further opinion and representation to you that after the dedication and acceptance of the subdivision improvements consisting of the street and right-of-way areas, the City of South Miami under no circumstances will be responsible for any ad valorem taxes . Very truly yours ROBERT G. WORLEY RGW:k MEMO INVOII INVOICE x� ,tiK r4 Mr u DATE NUMBER :; aAMOUNT DIS000NT ;Y 'N�7 AMOUNT ity Of South Miami lat Fees Tenative $200.00 501-2 ara Park ( S.W. 58 Ave. & Final $300.00 501-2 $500.00 .W. 76 Terr. ) ,N-JAC CORP. D/B/A KICK IN THE PANTS DETACH BEFORE DEPOSITING PAN AMERICAN BANK:N A LEN-JAC CORP. Weat Dade Office D/B/A KICK IN THE PANTS MIAMI FLoal�a< ''NOao 0.4`7 5 6 366 MINORCA AVENUE, CORAL GABLES ;FLORIDA 33134 63-550 4 660 DATE 'CHECK NO.. L ` .12-15-86 004756 $500 00 EX AChlax' unuU iiN�f ' ,PAY City .Of South Miami TO THE Plat Fees 'ORDER OF L i 1:06600 S 50 21: 17 L 30 4 9&13. 9111. J L71/ f Q�� w METROPOLITAN DADE COUNTY,FLORIDA/0//// / O( 6001N MIA m/ P1IBLIC WORKS DEPARTMENT BRICKELL PLAZA BUILDING FOURTH FLOOR 909 S.E.1ST AVENUE METRO DADE MIAMI,FLORIDA 33131 SUBDIVISION IMPROVEMENT BOND ESTIMATE OF IMPROVEMENTS SARA PARK Paul Ingelmo SUBDIVISION NAME: ESTIMATOR: TENTATIVE NO: DATE: Dec. 15/1986 COUNTY ESTIMATOR 1 CUL DE SAC @ 431/532 532. S.Y. COUNTY ESTIMATOR ESTIMATOR LIN. FT. _ PAV. X S.Y. LIN. FT. —.- PAV. X S.Y. LIN. FT. 12 PAV. X 1.333 S.Y. 165 LIN. FT. 20 PAV. X 2.222 367 S.Y. LIN. FT. 24 PAV. X 2.666 —S.Y. 4 RETURNS q 38 S.Y. EA. 152 S.Y. 1 TRANSITION 20 S.Y. TOTAL S.Y. PAVING 1,071 $ 7,497.0 0 S7.00 S.Y. LIN. FT. SIDEWALK @ $9.00 2 STREET NAME SIGNS @ $100.00 EA. 2 L.S. DRAINAGE AMOUNT FROM APPROVED P. b D. C.Y. OF FILL FROM CERTIFICATION @ $5.00 LIN. FT. OF MEDIAN CURB @ $8.00 LIN, FT. OF CURB AND GUTTER @ 58.00 LIN. FT. OF CURB SEPARATOR @ $7.00 LIN. FT. OF GUARD RAIL @ $9.50 LIN. FT. BARRICADE @ $11.00 GUARD POST @ $7.50 EA. FIRE HYDRANTS @ S2.000 EA. LIN. FT. DECORATIVE HALL @ $12.00 1 TRAFFIC CONTROL SIGNS @ S100.00 EA. $ 100.o L.S. STRIPING AMOUNT FROM APPROVED P. L D. $ 300.0 SIGNALIZATION a.�._,.._.�. OTHER OTHER TOTAL ........ $14,097.0 APPROVED: AMOUNT: - O U DATE: i a itt.oi.! Amok zMauddo MAG OL AS ATTORNEY AT LAW 117 MAJORCA AVENUE, ORAL GAILES, FLORIDA 3313. 6 Tel.: (305) 845.5335 April 28,. 1981 ` City of South Miami Subdivision Control Re.: Ragil Construction, Inc. Our File No. : 81--0427-4930 Gentlemen: We have examined, at your request, the abstract, of title. for the ;follow- ing property, as continued by Meridian Abstract Company under its Certi- ficate Number 175375, to March 23, 1981 at 3: 30 P.M. Based upon our exa- mination, we issue, the following opinion of title: 1. The real property on which this opinion is rendered is located in Dade County, Florida, and is legally described as : The East 1/2 of the SW 1/4 of the NW 1/4 of the SE 1/4 , less the South 355 feet, and less the East 2.5 feet for road purposes, in Section. 36, Township 54 South, 'Range 40 East, lying and being in Dade County, Florida. 2, We find title vested in TORBJORN BJORCK and the interest enjoy- ed by such titleholder is fee simple estate by virtue of that certain Warranty Deed dated November 14 , 1979 filed November 16, 1979 in Official Records Book 10575 at Page 1617. 3.. This opinion is subject to the following exceptions: a. All. taxes, charges and assesses-nts levied or assessed after ' March. 23 , 1981 at 3: 30 P.,m, b.,9 Metropolitan Dade County, or municipal waste fees, if any. c. The rights of any- person or persons in possession, other than the ownex, AML City of South Miami April 28 , 1981 Page 2 . d. Unrecorded labor, mechanic or materialman' s liens. e. Land use restrictions and limitations imposed .by govern- mental authority, including, by way of illustration and not of exclusion or limitation, zoning restrictions and prohibitions. f. Any facts which a complete, accruate and current survey, or a personal inspection of the property disclosed or would have dis- closed, including, by way of illustration and not of exclusion or li- mitation, encrowchments, violations of setback requirements, violations of restrictive covenants, plat restrictions or zoning ordinances; over- laps, overhangs, misplaced .boundary lines, deficiencies in quality of ground, drainage ditches, unrecorded easements or joint driveways. g. Public rights acquired by virtue of that certain Amendment to City Charter, City of South Miami, dated October 5, 1978; filed Novem-° ber 17, 1978 under Clerk' s File No. : 78R-307815 and recorded in Official Records Book 10217 at Page 994 . All documents mentioned in the preceding paragraphs are recorded in and among the Public Records of Dade County, Florida. Very ruly yours;/ MAURICIO MA. ARQI, ESQ, /� MM N ... econtinen.tal -- IRREVOCABLE LETTER OF CREDIT No 446 B City of South Miami' 6130 Sunset Drive a South Miami, Fla 33143 Gentlemen: We hereby authorize you to draw on us by and for the account of: ****RAGIL CONSTRUCTION, INC*** up to an aggregate amount of **Twenty eight thousand and 00/100** ($28,000).*** Available by your drafts at sight accompanied by a Certificate of City of South Miami, that ***RAGIL CONSTRUCTION, INC**** has failed to complete the improvements as specified in agreement date"" -June 9, 1981, between City of South Miami and ***RAGIL CONSTRUCTION, INC*** for Harris Estates subdivision improvements. This Letter of Credit shall be valid until June 9, 1982 and shall thereafter be automatically renewed for successive one year periods upon the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date we notify you in writing to the Director Building Zonning and Community Development of the City of South Miami at 6130 Sunset 'Dr; South Miami, Florida 33143, that we elect not to so renew this 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 statement signed by Director Building Zonning and Community Development of the City of South Miami at 6130 Sunset Dr. , South Miami, Fla 33143, to the effect that the aforementioned bond is in full force and effect on that date . We hereby agree with you that all drafts drawn under and in compliance with the term of this credit shall be duly honored.upon presentation of the drawee. Drafts must be drawn and negotiated not later than June 9, 1982 or as extended one year period. Each draft must state that it is "drawn under Letter of Credit of the Continental National Bank of Miami" dated June 9, 1981; and the amount thereof endorsed on this Letter of Credit and also on our correspondent's advise of this credit. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts under and in compliance with the terms of th' that such drafts will be duly honored•upon presentation to the drawe LLERMO DIAZ USSELOT VICE-PRESIDENT R CONTINENTAL NATIONAL BANK OF MIAMI continental national bank of Miami W ccontinental ® 'IRREVOCABLE 'LETTER'OF 'CREDIT No 446 B City of South Miami 6130 Sunset Drive South Miami, Fla 33143 Gentlement: We hereby authorize you to draw on us by and for the account of Ragil Construction, Inc'O%-*-* ( to an aggregate amount of %'deNenty eight thousand and 28,000.00 Available by your drafts at sight accompanied by a Certificate of City of South Miami, that -1W0'6,Ra it Construction, Inc 'k'�' has failed to complete e improvements as specs ie . in agreement to between City of South Miami and Construction, ncil,* or This letter of credit shall be valid until April 29th, 1982 and shall threafter be automatically renewed for successive one year periods upon the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date we notify you in writing to the Director Building Zonning and Connmity Development of the City of South Miami at 6130 Sunset Dr. South Miami, Florida 33143, that we elect not to so renew this 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 staterent signed by Director Building Zonning and Conm mity Develop- ment of the City of South Miami at 6130 Sunset Dr. , South Miami, Fla 33143, to 'the effect that the aforementioned bond is in full force and .effect 'on -that date. We hereby agree with you that all drafts drawn under and in compliance with the'term of this credit shall be duly honored upon presentation of_the drawee. Drafts. must be drawn and negotiated not later than Aril 29th, 1982 Each draft must state that it is "drawn under letter of credit of the Continental National Bank of Miami dated April 29th, 1981; and the amount thereof endorsed on this let-ter of credit and also on our corre- spondent's advise of this credit. We hereby"aereeg.-b with the drawers, endorsers, and bona .fide holdrs of all afts uni—complian.ce with the terms of this credit, that su drafts wail duly honred upon presentation to the drawee. - � 6 T ' Irmo Diaz-RRqqusse ot, )�Vice-Pres continental national bank of rnlami '11 cont - al plaza s.w. Z street i(iiami, Florida 3313 (305) 642-24,10 .z 0 INFORMATION TO BE TYPED ON BANK NOTE PAPER OR BANK LETTERHEAD IRREVOCABLE LETTER OF CREDIT No. Date: TO: CITY OF SOUTH MIAMI Gentlemen: We hereby authorize you to draw on us by and for the account of LEN-JAC, CORP. , a Florida corporation, up to an aggregate amount of Available by your drafts at sight accompanied by a Certificate of City" of South Miami, Public Works Director, that LEN-JAC CORP. has failed to complete the improvements as specified in Agreement dated the day of January, 1987 , between City of South Miami and LEN-JAC CORP. for construction of subdivision improvements. This Letter of Credit shall be valid until and shall thereafter be automatically renewed for successive one-year periods upon the anniversary of its issue unless at least sixty (60 ) days prior to any such anniversary date we notify you in writing to the that we elect not to so renew this 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 certificate 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. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit shall be duly honored upon presentation to the drawee. 1 Drafts must be drawn and negotiated not later than or the last day of any renewal period. Each draft must state that it is "drawn under letter of credit of- the , Dated and in the amount thereof endorsed on this letter of credit and also on our correspondent' s advice of this credit. We hereby agree with the drawers, endorsers, and bonafide holders of all drafts under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee. Authorized Signature r ti 1 E r 2 i e n 3 n m � (�D •mZ oo m yCD Zoo Tw Sm C1 Zma ?' (D cn n x _' O cnn N $U� k 0 D NN •A Ud °'y >� apo Ov�i� Owppoa a aai oo Ocaca0 t�.ccow rA ao � • yd0.�' '°Yaoad �'° a� VW y= W rA yaV� > v �aO+QCo s U >� N 10. y 00�.+ CO.' v� dp F. >,� t 7S CO '3 Ca C.., y >„ � p� a•d'O a'o p N IW •O O tlO 6� a0 pO NO VCdy V 0 > a y >'o 5R f ' ' . co a+w ca S. C V 4..0."C Op O _ U2 " p o�>0o o vyi U 4,10 O n ca S.= Oc�a was ca 0 �1 OtpiV ON�,� C CO ~ Opa� �� ppCC 3ocayv 0GLo � �oo a � g �,. aotn yO Frd mMo.0 [E I[' � y ,e Via_ a � y �.� ►:.ras ".a ° pYy �Fyo o0b3� � 3 novas rh :vcno 3 a �y ocdoA•ikaZi b3 �y3 .J W w 00 a �n a� a d CA 4' V J a+ s y N a w e0 r. ca t~' � S.. v, c° 0a p � � •o•,v_ �n>,,� "nom .U)-. >a � 3 p y av'i 'A sin b J a�i cb `" 04!4 in.0F'Y.s 3 .tea *. aa„ �1J1 ° aai� 15.5 > wQ a�i O.cUii k1 YJ1 y E asp, o ,. 0 Ca CA t- • .e daa0oo .s�, CO 0000 "'r—A p,'A „ Q O, . a'n w= o °' w001. wd a,5A•'[ aoa W.— cd E ai'a o0 a .c r o oaS.. a� d0, d e0� �a,� :: :..:.......... ol E5 pa>,itnca w � 0 o CLw Q .�'o a U a> m 0 f U) d.-•.�. A S.ate+ .p. Ca >= V hciOM .0 ' O O "m 'A =w o w= O O 0. >�rA� O... aa � m'n .3 ca > CL a3 a.— I > V �' AI=- 0 CS a a0�owMw0 v •s W. a > x d d 0f 0 00 a tY.y y aas > 3 O y 04,. W•v w to•d � a>1 a?S¢•y w 7 F cis. 0 �F. > (D O W a d a O O= W4. I • f RESOLUTION NO. 14-87-7007 A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, APPROVING THE PLAT OF SARA PARK SUBDIVISION, ALONG WITH PUBLIC DEDICATIONS, SAID PLAT ON FILE WITH THE CITY OF SOUTH MIAMI , FLORIDA. WHEREAS, the Acting Director of the Department of Building, Zoning and Community Development has recommended approval of the Plat of SARA PARK SUBDIVISION, prepared by James Beadman and Associates , Inc. , Registered Land Surveyors , Plat No. 15621 , dated November 14th, 1986, the same being a plat of the following described property: The N 1/2 of the N.E. 1/4 of the S.E. 1/4 of the N.E. 1/4 , Section 36, Township 54 South, Range 40 East , less the East 286 . 20 ' and the west 25 . 00 ' thereof; and WHEREAS, the Planning Board at a meeting on February 10th, 1987, approved such plat upon their review; and WHEREAS, pursuant to Section 17-9, the Mayor and City Commission must authorize acceptance of all areas dedicated to the public on said plat provided the conditions of the above- described section are satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1 . That the areas shown as dedicated land for the public on the plat for SARA PARK SUBDIVISION as described above and as the same is on file with the City of South Miami, Florida, are hereby accepted by the Mayor and City Commission. Section 2. That the agreement for the construction and maintenance of the Subdivision Improvements, and the Irrevocable Letter of Credit and cash performance bond for subdivision improvements , provided by the applicant, are hereby made condi- tions of this acceptance . Section 3. That the plat be re-drawn to include dash- lines showing proper frontage dimensions on all lots . Section 4 . That the City, the developer and the affected property owners use their best efforts to determine if four=way stop signs should be installed at S.W. 74th and S.W. 77th Terraces (and S.W. 58th Avenue) by requesting Metropolitan Dade County to perform a traffic study regarding vehicular con- gestion on S.W. 58th Avenue. PASSED AND ADOPTED this 17th day of FEBRUARY, 1987 . APPROVED: MAYOR ATT T: CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY j -.2- . - . Irrevocable Documentary NCNB National Bank of a Important P.O. Box 25900 Please mention this Tampa, FIL 33630 number in 0 - International Division correspondence ISSUE DATE: FEBRUARY 10, 1987 L/C MO. 31937 AMENDMENT NO. 01 APPLICANT: LEN—JAC CORPORATION . A FLORIDA CORPORATION 366 MINORCA AVE. CORAL GABLES, FLORIDA 33134 BENEFICIARY: CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 ATTN: CITY MANAGER GENTLEMEN THE ABOVE CREDIT IS AMENDED AS FOLLOWS: DELETE: ALL CHARGES OTHER THAN OURS ARE FOR THE BENEFICIARY' S ACCOUNT. DELETE: WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION TO US ON OR BEFORE EXPIRATION DATE, SUBJECT TO UCP 400, REV. 1983. ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. THIS ADVICE OF AMENDMENT IS TO BE CONSIDERED A PART OF THE ORIGINAL CREDIT AND MUST BE ATTACHED THERETO. NCNB National Bank of Florida Authorized Signature ORIGINAL ' ' ' ��li��I)I�lll °►►p��Pliiii I� Irrevocable II��I��,,,l�l��Iilul,,,,l,l ��4uium illuumillllh Documentaryifttter of Credit NCNB National Bank , orida important P.O. Box 25900 Please mention this Tampa, FL 33630 nymbpr..�'(�all International Division ISSUE DATE: 16 JANUAR� o ilallondence L/C NO. : 31937 TO: CITY OF SOUTH MIAMI 6130 SUNSET DRIVE SOUTH MIAMI, FLORIDA 33143 ATTENTION: CITY MANAGER PLACE AND DATE OF EXPIRY OUR COUNTERS JAN. 169 1988 WE HEREBY AUTHORIZE YOU TO DRAW ON US BY AND FOR THE ACCOUNT OF LEN--JAC. CORP. , A FLORIDA CORPORATION UP TO AN AGGREGATE AMOUNT OF FOURTEEN THOUSAND ONE HUNDRED AND 00/100 UNITED STATES DOLLARS ($149100. 00) AVAILABLE BY YOUR DRAFTS AT SIGHT ACCOMPANIED BY A CERTIFICATE OF CITY OF SOUTH MIAMI, PUBLIC WORKS DIRECTOR, THAT LEN-JAC CORP. 366 MINORCA AVENUE, CORAL GABLES, FLORIDA 33134 HAS FAILED TO COMPLETE THE IMPROVEMENTS AS SPECIFIED IN AGREEMENT DATED THE BOTH DAY OF JANUARY, 19879 BETWEEN CITY OF MIAMI AND LEN-JAC CORP. FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS. THIS LETTER OF CREDIT SHALL BE VALID UNTIL 16 JANUARY 1988 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS UPON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE WE NOTIFY YOU IN WRITING TO THE ACTING CITY MANAGER AND PUBLIC WORKS DEPARTMENT 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 THAT WE ELECT NOT TO SO RENEW THIS 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 CERTIFICATE 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. WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL BE DULY HONORED UPON PRESENTATION TO THE DRAWEE. DRAFTS MUST BE DRAWN AND NEGOTIATED NOT LATER THAN 16 JANUARY 1988 OR THE LAST DAY OF ANY RENEWAL PERIOD. EACH DRAFT MUST STATE THAT IT IS "DRAWN UNDER LETTER OF CREDIT OF THE NCNB NATIONAL BANK OF FLORIDA, DATED 16 JANUARY 1987" AND IN THE AMOUNT THEREOF ENDORSED ON THIS LETTER OF CREDIT AND ALSO ON OUR CORRESPONDENT' S ADVICE OF THIS CREDIT. WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONAFIDE HOLDERS OF ALL DRAFTS UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT, THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO THE DRAWEE. ALL CHARGES OTHER THAN OURS ARE FOR THE BENEFICIARY' S ACCOUNT. WE HEREBY ENGAGE WITH YOU THAT DRAFTS DRAWN IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION TO US ON OR BEFORE EXPIRATION DATE, SUBJECT TO UCP 400. REV. 1983. NCNB National Bank of Florida Authorized Signature ORIGINAL RESOLUTION NO. 31-81-3967 A RESOLUTION OF THE CITY OF SOUTH MIAMI , FLORIDA, APPROVING THE FINAL PLAT OF HARRIS ESTATES SUBDIVISION, SUBJECT TO CERTAIN TERMS AND CONDITIONS, WHICH PLAT IS ON FILE WITH THE CITY CLERK OF THE CITY OF SOUTH MIAMI . the Planning Advisory Board of the City of South Miami , and t e Plat Committee of th City of South Miami have recommended the approval of certain conditions in the event the Final Plat, hereinafter described, is approved by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section 1 . That the Final Plat of Harris Estates Subdivision, prepared by Thomas J. Kelly, Inc. , Registered Land Surveyors No. 1961 , dated April 21 , 1981 , and on file with the City Clerk of the City of South Miami , the same being a Plat of the following described property, to-wit: East 2 of the SW-1, of the NW-1, of the SE-1, of Section 36, Township 54S, Range 40E, less the South 355 feet, Dade County, Florida. and located at Southwest 82nd Street, between Southwest 60th and Southwest 61st Avenues, South Miami , Florida be, and the same is hereby approved provided, however, the owners of said property comply with the conditions contained on Page 2 of the Minutes of the Plat Committee Meeting, dated May 4, 1981 , with regard to the above-described property, copy of which Minutes are on file with the City Clerk of the City of South Miami . PASSED and ADOPTED this 9th day of June, 1981 . APPROVED: / MAYOR ATTEST: Mayor Block Moved by --» •,CITY CLERK seconded by_(Lwp1.1'.s,sj.on r_ Bot��ld4.-�.-� < yr; ti0 ' X --- Lantz Foricr abbe t—___ --- M 0 01 C i ttee meeting 2 Man A I f o n n _`!lic Hear in 81 -4 Waiver of N The proPose,d Waiver of Plat was rev iewrld gIld �,QV" I^tl I lllirl',r the drawings . The c 0111111 0(1 o r e r o nime n d a r o- V�.Were noted on e Waiver of Plat subject to : Val of th P r o v i d i n g an Opinion of Titic . foot Right of '0(1y W , 67 e 9 Dedication of the 35 a Rod wide e via I k a I o!l q S 'el 7 A v e 3 . installation of 100 feet of 5 foot (Ludlam Road ) or ] of bond to o v o r a I d i mp r o v e w.r,n t 4 The mi not, changes noted on the draw I n`.). 5 . ' roviding letter f ro:i'i* and 1- i (Jht r(2tJAf' J I !lq U '.. easements . on n�i I P I F Public Hearing 01 - 10 Tide proposed f i na I I a t v, , s it I-e r..v r 0 1 s n v �Nl- needed changes were noted t w s 1 . I.egal description incorrect t t l' inal Plat IIIUsL spe(' i fic,31 I y n , i t` i1,1 1, ills' Sing of 1 portion of S . W . t h ++. Restrictive cover, lnt. o 'Ind - �,I' Y of Avenue and i nstol I lt 'i Of' of said lots , as required by LhO ' �,01U4,Joll v plat , ,just be included on the final J)lat 4 Center line , dedicated width and O (III II odjoi n i n r o be shown along wi L 1 1 i n f o r m a t i o n I e(_I,J r(I i I I q ' .1J i(I i Ilf-11 u 1)d i vi 0 11 5 Plat should be signed by the C I tY of Stout" Miami u i fj J(,niny and C 0111111 U n i t y D v e I o pill e n t Department . 6 . Plat should be signed by Metropol i Ull Dade County Pubi if: Works Department . 7 , The County Commission does not have to IPPI-O"' tide 1' 1at 111 . Other Minor ch,:jnges as noted on Ow d or, d i nq CI V _ "Y 14 s U ter , t�r Dire; 11 U 1 d i n g Z o n i n(I Ali t10(.1 0 .5 71402t. /.r /.6/ �� Q /�o 00 oJ ® ^� 8 �t Q ,. .Q ,soo 5 A -t -- .9 — F �. �9 8 �• � •� z g r S ,psiJ Q `1 dell 7S�IC 7-CA, I r 1h JR sQ Jt 3 9!4 „ o AN 5.5 4CR ® ,5 Z • b , `. �. `�� 0 3 v 4 v 7-f'I I .f '�k f d• t( J' 74/0 Iz WO %5W 77 f 0 // �' ! �•� .9 • d""�7.Z !7t /Tip 6 3788 & $'704 w 78 of So k lom o •V 7�� ; Og South Miaml INTER—OFFICE MEMORANDUM ' To: Hark Balkovek °''T`' Feb. 6, 1987 Ac Plannin 6 Zo ing Dir or F OOMI 9 USA CT: Ad fo D oyez Staff Report CS n r Sare Park Final Plat. Background 1. A residential development of nine (9) single-family homes on 2.6 acres located at SW 58th. Avenue and proposed SW 76th. terrace. 2. General Data: Applicant: Len-Jac Corporation Address: Su 58 Av. 6 proposed SW 76 Terr. Represented by: Jun Hinds. 3. Located in "RS-3", low density, single-family residential district to have spacious setting and the preservation of open spaces. 4. The site plan and general architecture were approved by the Environmental Review and Preservation Board (by February 3rd 1987). The applicant agreed to submit a complete landscape plan with special requirements for east and west solar radiation. 5. The Planning and Zoning Department recommended approval of the proposed development with respect to the Zoning 4rdinanceo. -.6. -Rev ision.,of.=the-cons truct Ion-4rawinge,,ta in-process .now at the.- _ _ -._ Building --- 7. A public hearing (87-001) to scheduled to take place on Tuesday, February 10, 1987 before the Planning Board to discuss the plating of the property. . S. Carr Smith b Associate, City Engineera checked the conformity of the Sara Park Final Plat with certain requirement of Chapter 28 of the Metropolitan Dade County Code (Tebruary `. 1987). •Aecordina to their report, Len-Jac Corporation has fullfilledi Drawing requirements Legal Description Survey Data Dedicationo The- horti-,agee Approval►; and the Plat Submittal Itens were not checked because they are out of the scope of the Surveying Discipline Review, which they perform. 9. The Metropolitan Dade County Plat Committee issued a Notice of Action In reference to this case (November 12, 1986). The Committee approved the proposed plat subject to certain con- ditions. Len-Jac Corporation had to submit: - Paving and Drainage Plan - Bond estimate for required improvements - Final tracing plus four prints - Opinion of Title - Psi d tax receipts - Processing Fee for Final Plate - Recording Fee for Final Plate - Health Department Approval (method of water supply) - Pollution Control Dept. approval (method of sewage disposal) - Letter for FPbL Co. (underground electric service) l� 10. The Miami-Dade Water and Sewer Authority Department, Souther Bell Company and the Florida Power and Light Company also stated their requirements to Len-Jac Corporation. 11 . Finally, the City of South Miami , through our Building, Zoning b Community Development Department In conjuction with the City Attorney and Len-Jac Corporation's Jim Hinds, prepared an "Agree- ment for Construction of Subdivision Improvements" (Jan. 20, 1987). 12. Our City Attorney already received (Jan. 21 , 1987) an Irrevocable Documentary Letter of Credit In the amount of $14,000, to cover the estimated cost of construction and maintenance of the Subdi- vision Improvements listed in the above mentioned agreement. Recommendation 1. To approve, by the Planning Board, the proposed Plat Subdivision presented by Len-Jac Corporation provided thati �o�CQn�xty_�S10tf of Subdivision °Iroveaaento" between the City of South Miami and ten=Jac Corporal oa'� regarding the Sara Park Residential Developments will be enforced as discussed and approved by the herainabovo thentionod parties. B. Len-Jac Corporation will fullfil all the requiremento of other governmental agencies. C. The Platting Map will be corrected in its south overall dimen- sion (Fairglade Park) where instead of 344.1016 should indicate 349.10'. (C119 of ' uth Miami 61.30 Sunset Drive, South Miami. Florida 33143 667-5691 January 21, 1987 Mr. Jim Hinds Len-Jac Corp. 366 Minorca Avenue Coral Gables, Florida 33134 Ret Sara Park Subdivision Improvemento Dear Jim: Pursuant to our conversation of this date, this is to advise that the plat for Sara Park Subdivision will be on the Planning Board agenda of February 10, 1987, and upon their final action we anticipate this would be scheduled before the City Commission meeting of February 17, 1987. After our discussion this afternoon, I received the Irrevocable Documentary Letter of Credit, which has two final paragraphs which were not contained in the draft of the Letter of Credit which you and I reviewed. I would appreciate your calling or coming into the office so that we may discuss this language. —By-way -of-thic-:letter--I-aaa-a2oo-r_ n .our" planning Department "to rev iew-"t `-agreement for subdivision improvements so that any final changes may be made in advance of the February 17th meeting. I have also confirmed with your counsel, Robert Worley, that upon final recording, the City shall receive a copy of the final plat which shall indicate acceptance by the mortgagee of the dedication to the City free and clear of any encumbrance. Sincerely, John R. Dellaq oria JRD/m8 City Attorney cc: Mark Balkoveh, Actg. Director, Building, Zoning a Community Development Robert 0. Worley, Esq. "City of Pleasant L mng" �� • A11AMI-DADE WATER AND SEWER AUTHORITY DEPARTMENT �'L�? �L(�.c..•t P o. oox 330314 M.in orris. WAMI. rLOAIOA 33333-0316 3!)S 3• L•J•�M ao•a T. •o^O�.iiS•)U3 November 18, 1986 Len Jac Corporation 366 Minorca Avenue Coral Cables, Florida 33136 Re: water b sever availability for "SARA PARR" the N}, of the NEI of the SEI of the NEI of Section 36 Township 54S, Range 40 Last, less the East 286.20 feet and the West 25.00 feet thereof of Dade County, Florida. Dear Centlemen: This letter Agreement between you and the Miami-Dade Water and Sever Authority Department, hereinafter called Department, which operated the Metro-Dade Water and Sever Utility, will provide water service for a pro- posed nine (9) single family residence to the referenced property. i The Utility owns an 4-inch water main in S.W. 58th Avenue from which • • anee-inch water main extension can be amde on-site to provide water service to the referenced property. Based on the Department's Rules and Regulations, the provision of water and/or sewer service to your property .is subject to the following conditions: a. Your engineer must design the water construction drawings according to the Department's Ceneral Standards and the design will be subject to approval by the Department's ---- ._�.. Bnginaarsag °Divi'sina.�- : �� ...." ,:.� -•• :... -� ._-. b. The Installation must be performed by a contractor licensed to construct pipelines in Dade County. c. An actual cost breakdown must be submitted prior to the pro- visionof service by the Department. d. If the subject mains or any portion thereof which are to be- come property of the Department are to be installed within private property (outside public-right-of-way), said mains shall be installed centered within a 12-toot wide easement for water facilities and a 15-foot wide easement for sewer facilities. Prior to rendering service, said easement shall / ovd en Jac Nov. . 188, 1486 f Page Two d. be granted either by a recorded plat or by separate properly recorded Crant of Easement from the property owner. e. A one year warranty by your contractor must be delivered to the Department prior placing the installation in service to protect the Department against all defects in materials and workmanship which may be discovered during the first year of operation. f. The water will be installed by -the Department forces upon completion and proper conveyance of the subject water and/ or sewer main extension and after all appropriate costs have been paid. S. Certain Federal, State and County agencies, including but not limited to the State Department of Transportation, the South Florida Water Management District and the V.S. Corpa of Engineers, may require that the COUNTY be named as per- mittee even though the DEVELOPER'S contractor will actually perform the work. To insure that the COUNTY will incur no coats or liability as a result of being named as permittes on such permits, the DEVELOPER shall provide the DEPARTMENT'S Inspection Division with a bond or other security satisfactory to the COUNTY which shall idemnify and protect the COUNTY from claims, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the DEVELOPER. The bond or security shall be furnished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate of all work performed by the DEVELOPER In areas where the COUNTY is named as permittee. A bond shall name the COUNTY as obligee. The Utility will require a connection charge equal to ninety cents (=0.90) for water per average daily rated gallonage for a proposed nine (9) single family residence (350 gallons per day) to be constructed on the referenced property. The agreed total average daily rated gallonage is 3, 150 gallons, equalling a water connection charge of 12,835.00 which shall bs remitted to tha-UtIIi _ -%i —f _ .__* --- - ty witb'�hkixecut'i'on-o --flit llgrae&ent. The Department will also require a guarantee deposit based on the Rules and Regualtions in effect at the time service is requested. The terms and conditions contained herein will remain valid for a period of sixty (60) days from the data of this Agreement. Once executed, work on the project must commence within two hundred seventy (170) days from the ex- ecution date. Work shall be considered to have commenced and or be in active progress when a full complement of equipment is present at the site to dil- igently' incorporate materials, workmen, and equipment into the permanent building of the water facilities throughout the day on each full working day, weather permitting. Once the Developer commences, work cannot be suspended, abandoned or not in active progress for a period exceeding one hundred eighty (180) consecutive days. If the property owner fails to comply, then any ob- ligations of the Department arising from this Agreement shall be deemed null& void and unenforceable. If voided, any monies paid to the Department shall /cn Jac • . /t%ov. 18, 1986 Page Three serve as a fund to reimburse the Department for all costs incurred. kny surplus funds remaining after satisfaction of Department costs shall re- vert to the property owner. The Department will render water and sewer service in accordance with the Department's Rules and Regulations currently in effect or as subsequently amended, subject to prohibitions, limitations or restriction of governmental agencies having jurisidiction over water supply, including but not limited to applicable fire flow requirements of the Dade County Fire Department. If the terms and conditions outlined hereinabove clearly set forth our mutual agreement, please sign this letter in the space provided and return it to this office, along with a current Opinion of Title, using the form attached. Should you have any questions regarding this matter please contact me. Sincerely, _ Tomas Coicou • New Business Supervisor TC/ch SARA PARK RESIDENTIAL DEVELOPMENT Aproposed developrent of nine single-family, detaoW times. Three sc9arate models will be anstrxcted providing articulated structures with spacious, open plans, designed In a subtle interaction of post To&,m and traditional styles. The existing 2.6 acre tract located on S.W. 58th Avenue and proposed S.H. 76th Terrace, trill be platted for nine separate lots conforming to the requirements of RS-3 kning. Each lot wi 11 provide an area between 10,400 to 13,500 square feet, exceeding tt* minlnw area of 10,000 square feet required by Zoning. Each model will provide a total gross area betvk� 2,760 to 2,900 sure feet. The proposed models conform with the allowable building area, setbacks and open space requi re cants of RS-3 Toning. LnyrvmnenU will include a new co l-de-s.ec road, drainage and utilities ah i ch conform to all applicable m- nlc 1pal and county my requi rwent.s. AI though not a requirerent of the Zoning Code, each residential lot will be landscaped to provide an attractive living erns rornent. This project will provide a high Quality develoanent khich will be a source of pride to it's residents and to the City of South Mlami. i tU of Sou th N4ta rr' Q Sunset Dnve, South Miami. Florida 33143 6675691 November 4, 1986 Mrs. Hanna Messner 7530 S.W. 57th Court South Miami , Florida 33143 kr: 1ttht of M'F1y, S.1d, 57th Court Dear Mrs. F essner: Per our conversation to.l.ly, you are correct that the City of South MEamt did relinquiali the right-of-way described in Ordinance 450 of the City of South Miami. dated September 20, 1960. The City Of SOuth Xtami will take steps to Have the map of the City and the appropriate qu.irter serrion maps reflect thix in the future. Your question concerning; the ability of the property ir=ediately south of your property to gain access to S.W. 57th Court to appropriate. The property in question is in the process of being subdivided. yo lecal access may be given to S.W. 57th Court through your property. The design of the proposed subdivision has a cul-de-sac serving the property from S.W. 5801 Avenue. Please `et us know if we can be of any further service ...�._.. _.._.___.....�___._.."........-._�....,_.,.a.. ...,�.�.»�.�.. _ � __to_ You•_........ Sincerely, 'City of South Miami SM:nb "City of Pleasant Living" 771-e fm 'AA., V's ISE RESOLUTION NO. 1510 RESOLUTION ACCEPTING THE FINAL PLAT OF MESSER MANOR, A SUBDIVISION IN THE NEk OF SECTION 36-54-40. WHEREAS, Max Messer, Herbert Laesser and Eileen Laesser, owners of the lands described in the caption hereto, have submitted for acceptance a final plat of said lands, and WHEREAS, the Planning and Zoning Board has duly recommended that the said final plat be accepted, and 41 WHEREAS, additional subdivision improvements are unnecessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF SOUTH MIAMI , FLORIDA: 1. The final plat of MESSER MANOR is hereby accepted, the same being a subdivision as submitted by Max Messer , Herbert Laesser and Eileen Laesser, of the following described lands to-wit: East � of South k of South $ of South j of NEk of NEk of Section 36, Township 54 South, Range 40 East, lying and situate in Dade County, Florida. 2. The dedications as shown on said plat are hereby accepted. 3. No subdivision bond shall be required. PASSED AND ADOPTED this 21 day of June A. D. 1960. Presiding Officer , City Council ATTEST: City Clerk t , PACEZc� t i. ORDINANCE N0. 450 ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, RELINQUISHING AND REVOKING THEE RIGHT-OF-WAY OVER THE,-FOLLOWING DESCR;-IBED PROPERTY: E 25 ' of A of• E'k of Sk 'oft Sk ; of NEk of NEk AND W 25 ft of E' og.. E '..of,;S i S2 of NEB of NEB in SECTION 36;• TOWNSSHIP 54 South, RANGE 40 EAST, WHEREAS, on the 24th day of March,.. 1947, the were dedicated to the City of South Miami''fo'rXands in the caption according to the deed recorded in Deed Book .3341 at page"410 of Pub- WHEREAS Records of Dade County, Florida. WHEREAS, the said right-of-way dedication was for the purpose of extending S. W. 57th Court, and WHEREAS, by Resolution No. 1510, the City Council has approved - - r that certain subdivision known as MESSER MANOR, the same being ng a subdivision encompassing the previously mentioned dedication, and WHEREAS, it appears that the dedication made by deed erroneously dedicated lands not needed for the extension of S.W. 57th Court, and WHEREAS, the subdivider of MESSER MANOR has thereby had a cloud cast upon his title to said lands, and is hereby cording the plat of MESSER MANOR with the Clerk of. thenMetropolitan Dade County Commission, and WHEREAS, the Planning and Zoning Board of the City,..of South Miami ,,,�,;. ,..; . has recommended that the right-of-way as described in the" ' "' on hereto be revoked and relinquished, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH MIAMI: 1... That the right-of-way previously dedicated and existing over the following described property: E 25 ft of TnTx of E of S of o r NEk of NEB; and W 25 £t of E 2 of E of S z of S� Section 36, Township 54 South :,,- , �. a z of NEB 'of NEB in relinquished. �- s0 Eas.1_, is hereby revoked and } 2. That this Ordinance is enacted in the interest of further development of the said City, and the matters herein set forth have been approved and passed by the City after full evaluation taken of all the facts herein involved. . 3. That should an word M y phrase, clause or sentence or section of this Ordinance be held invalid, such invalidity shall not affect or make inoperative the remainder of this Ordinance and it is hereby declared to be the intent of this body that all parts of this Ordinance are severable. PASSED AND ADOPTED this 20 day of September A.D. 1960. ' (signed) Paul u Tevis �~ i ATTEST: Presiding uttleer, ty Couil �!�tryd :Ccty Clerk ,;n Z;iv o! mouth ' � d (signed) C. B. Petry ?his t9 AliAM4,p'j""d. City -Clerk � � zaia ''amt � da ted ;te of Florida, County of D,je. qt •C �v� is ' strum nt was filed for record �� O �, �Ua4�°.•' l!l u�._�....,,,!�.�.`,•• ire and duly recod� ! ..on Pag e,?/ .... i. k�L�►i�i�S �_,;.' , t<;�:ac.._,_�Z• -a Fi�E Cl�k rc •if ��rt ��Y � i� G - '°=--,D.0 , ,. rA l_; rl, -_ -. ._, —.,,art•..:{, _r "., ._. ... ,. - ', _ .'. ... _ . . _..........fir..._.-_ _ .._..- '_ __. _ _ - — _ _ - - - \•.,J _ ' •. " ,r to_� Q �IN CD , G. �� rn �d m r ' w f � F C O Q ccr A cn "3 � 5 Gs' z N~ (t W O v_ Z ct 1 a cr i1 O ct py to ct ,10 4 cn ct r' CJ N It :r 4 � Do ri J r W rn r+1 S �,• DI O a nI ct � w m � ct a co ro "— ct. p o'ado ~ F v n a p C+ -3 o cr n ct C~+] $ K O O 't O C1 ro yd di o o a a O M C6 I! C cr � Zwn � r Q' ►" H I o� 1 to :o w o ct 0 0 a �74•s� D_all Z I- e, �: s a ou•8s ; . 4 LO 3 6yr �I O T A ~H Vi 'p z r LS zn-sue l'STYco r —S'Rr W T? - t P- 4c%5.5 W �AcG•oo 1 n I %n l I� 1 , 'Q N 1 u 2 � v m M o � O -� Z F 1 0� (P 9W 59 ul Try- � p `i --1— p Q sw 5 VE_ -- 3 m � r c (P Z n - --in 7 .. --.n.D ROAD ' H 16N PINS REV. 2 0,10 p_.A._-----" (PB 31 P6 7) epB 10 AG 19) 0 N yr, r A ORDINANCE OF THE CITY OF SOUTH MIAMI, .'a. FLORIDA RELINQUISHING AND REVOKING THE ', RIGHT-4-WAI OVER THE FOLLOWING DESCRIBED _ ` PROPERTY: E 25 ' of .Wk of Ek of Sk of S� S'Zz of NEB of NEB AND W 25 ft of Ek of Eh of S S'/ZS, of NEk of NEk in SECTION 36, TOWNSHIP 5 South, RANGE 40 EAST. WliEREAS, on the 24th day of March, 1947 , the lands in the caption were dedicated to the City of South Miami for right-of-wayy purposes according eo the deed recorded in Deed Book 3341 at page 410 of Pub- lic Records of Dade County, Florida. / WHEREAS, the said right-of-way dedication was for the purpose of extending S. W. 57th Court, and ✓- WHEREAS, by Resolution No ]510, the City Council has approved that certain subdivision known as MESSER MANOR, the same being a subdivision encompassing the previously mentioned dedication, and WHEREAS, it appears that the dedication made by deed erroneously dedicated lands not needed for the extension of S.W. 57th Court,Xand �- bAt rn0+ W 0� lAe to'to.Q ct'A' 'hon WHEREAS, the subdivider of MESSER MANOR has thereby had a cloud cast upon his title to said lands , and is hereby prevented from re- cording the plat of MESSER MANOR with the Clerk of the Metropolitan Dade County Commission, and Gt c) lo-d4 0� (a;Kr&)s WHEREAS, the Planning and Zoning Board of the City of South Miami has recommended that the right-of-way as described in the caption hereto be revoked and relinquished. NOW THEREFORE, BE IT ORDAINED BY, THE MAYOR. AND CITY COUNCIL OF THE CHY OF SOUTH MIAMI: 1. That the right-of-way previously dedicated and existing over the following described pro erty: E 25 ft of tick of E of Sk of Sk of NEk of NEk and W 25 ft of E9 of E' of S� of Sk of NEk of NEk in ; Section 36, Township 54 South, Range• b0 a-st, is hereby revoked and relinquished. -- make:. no 'Ar' O' tt"a'k 2. That this Ordinance is enacted in the interest of further development of the said City, and the matters herein set forth have been approved and passed by the City after full evaluation taken of all the facts herein involved: ' 3. That should any word, phrase, clause or sentence or section of this Ordinance be held invalid, such invalidity shall not affect or make inoperative the remainder of this Ordinance and it is hereby declared to be the intent of this body that all parts of this Ordinance:, are severable. PASSED AND ADOPTED this 20thday of September A.D. 1960. J �,1 reiid ng Offlicer, Colty ATTEST• JJJ . '• i,.rhyJ7 1 �-� /7(, X02 7,11j ' � ��P'j.".;1' �w��r��4f� ��'�•5:.1 ' Fary ftn y'.•; .. ..' {I;1, l rr 1iN�1�� TWIL2,111 T" ORDINANCE OF .tHL CITY OF SOUTH MIAMI FLORIDA REUNQUISHI G AND REVOKING 1HE " RIGHT-4-WAV OVER THE FOLLOWING DESCRIBED PROPERTY: E 25' of W� of Eh of Sk of S Of NEk of NEk AND W 25 ft of Ek of Eh o S� of NEk of NEk in SECTION 36, TOWNSHIP South, RANGE 40 EAST. WHEREAS, on the 24th 'day of March, 1947, the lands in the caption were dedicated to the City of South Miami for right-of-wa r poses according to the deed recorded in Deed Book 3341 at page X10 of Pub- lic Records .of Dade County, Florida. WHEREAS the ,said right-of-way dedication was for the purpose of extending ;` W. 57th Couict; and" WHEREAS, by Resolution No. 1510, the City Council has approved that certain subdivision known as MESSER MANOR, the same being a subdivision encompassing the previously mentioned dedication, and WHEREAS it appears that the dedication made by deed erroneously dedicated iands ,not .needed for the extension of S.W. 57th Court, and WHEREAS, the subdivider of MESSER MANOR has thereby had a cloud cast upon his title to said lands, and is hereby prevented from re- cording the plat of MESSER MANOR with the Clerk of the Metropolitan Dade Coq my• Cods s ion, and WHEREAS, the Planning and Zoning Board of the City of South Miami has recoamended that the right-of-way as described in the caption hereto be. revpked and relinquished. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CI+Y M SOUTH MIAMI: 1. That the right-of-way previously dedicated- and existing over the following described ppro arty: E 25 ft of �T of E of SDg of S of ` ; r• NEk of NEB; 'and' W 25 f t of E of E of Sh of Sh of NE of NEk in :. .' Section- 36 ',Wship 54 rSouth, -gauge• 40 s.t, is hereby revoked an relinquished, 2. That this Ordinance is enacted in the interest of further development' of- the said City, and the matters herein set forth have,,,:,`;.' . 'i: been approved; and passed by the City after full evaluation taken of all the facts herein involved. 3. That should an word, phrase, clause or sentence or section of this Ordinance be held invalid, such invalidity shall not affect or wake inoperative the remainder of this Ordinance and it is hereby declared to be the intent of this body that all parts of this Ordinance' ... pp sever a 11 t. ,.:, ,: .. , , . ; PASSED AND ADOPTED this 20thday of September A.D. 1960. ng c®�c, y u�ne ' '-:j+' ATTEST ., �1•i` .4 ;{ (.t 1 * hANrgn' ¢ �{ ft INP i^ .�• i v I � e4.ra '1'}¢y 4 r, ,l.,!a'•�d9',:ya,S��,t r t f.r i ter"}'aG1T,f.,s�' x rs��>� a�'�' qt{ { ,� {-4�,a�1 t � A f. { t rlN 7�kt1fi r•� > � �'r+ j !jy q S �5', A aa�� T 1 4 -� { k r• �� R `fir s t A. r Ja ��j 1�1 Y., , • 1'�f , r' J 1 10 �g,��, ' d y�i"4 �,q !"N W J h�i�.i �k i�,•4 ('�,f�SW 1'.' f M1 �.it, S� � �+Nl e,y.,fA� ° 1�AYi1w� � ar, .rY rrb� k �,.`PS r ^I �;h, y .� Y• � a w�-, a •`�;'^,r . .1;yi'�In �"1'h1�p �, r r a{ ��r y,r.l a1 12'{I.a! r )�, r' t•1�r:•l �1"y f @wy� �1� .I � ,p� " t a �W,I J 6s °I� ) 1 ay tt4 d�t � lYlt xjr � Imlf}r i ` y � � � f P� Sy},,� tj 1. �1 _ N�, `(v I�y alp II�>�� i ;1�� w M,� ':;r"•^•� Y'.'� y, 1 1�'R`�aiN�^�'�d' J,11�P b��'�ri1„„VVjPkcr 9x •+!��`. °il'��e G !�n '71 iMF'C IN"`• d@At>AG"aAT7�i1#�k '� LG ',�A�irywa5r{ ra'r"•q ..f, � 1 -'1' YyV � r1 l�Ir l•Yr l�s-�1 �4,1r�9:�;r J.•. � r Y' .r - Y ; ' ,t+�,w v,1 f w pic(..C�14h. `�� '•.T ,, �. ' . T., r°^Il k 1 iy'4 c�t••IN,r- �. n ''1 �l $ r w N SVI 56th A ve. Y' . Wor,t------- 84. 43 �• ^� gym• � � "I,` 41 ' � wC fray O Ilk r �}• �.� NJ " C h a� CT I IGB.t?tY � • �5 W 57th CJ"- ^ Ck Cb 77 •4 tit (��1 —5 4.4 4— — 84.45 64 '45 94. 4 y " ic>, r,,i �• ' ` City of St'. Miami. n p v 169.90 North J 116-5,.30 t,; ml- Coe sec.,�6-5.4=40 f �� •__._ I,. . _a.r vl R6C1 Road An Dode coa,vty ±A; 1 . !-fl!iH PINES SECOND } (.31-57) JFd'b•,'+ .{'iY' :, `,Y, r y h - '�J �5y:V5} '�, 1 '� �� i ''. �4r.L�r+��r, a'n •�. Ir.r: f.•, h' .. ^ 1.'I-}F, {,• ,,. •..,; • •.f. pN.N'�aS. N tell y '4F i * r?,, 5}L 4f�', "' I ( r-^� ',a '�"•`r'ti 1 a °. Jt tir. ,ta i �.1 k ,h��y.PA, • 1 �••r R, Ave. K•. Ln rN w�: q' S�• O �� may.: Y'y'. •' e Ch .. • 1 .. a 1.- 1 .,A� ,' , - l'N-•MIAMI 41M�r>- -AC4 load p ~- 1 PF SW, 57th A v� p/Il�d rmlvrY ^ L q Z3 C a' o I •�za Cb � � ' R ; +., '•ti taw' ,•,•�''+�::�•:;:., •- Cb N' (;b •ro � H• i , � O 1� � n o O' o ° o R, o h n tl Rai p' r " �C X11 4i' :1 t Q/•�' J CA (O (D �l cJ ").' Q c(b Cb (b O O lr� ? l V�y';'►•�,:,.f �S<. s;c y red I ) (yam p, J• mss, R'l �, Cb � �► c {� y, pb p J h ~y J 'ti^ a f~ O `" (b c,, /J h c (b �' cb M M t 1-!� ;', 4 `,•,L^7. `'>;dam.7',S'C i't 7 ti 1 r a• '� (b (b `'•,(bCQp; 1ir N O CC} `q C"y' \ Z) Q) Cb Cb " Q ti C4 O (b ::� �. , . „�,x• . .�:q`a ,,�' ., (D '�'• O Q. O � •^.i•• Zi Z. (n J J Q b Cb (b 11 (b v, CA �,. y� Q L f O OC•-r `.,,„+.w.�iM1'e`�.M, S.. :us.�Ni _—_.._.. `� ,--. _�.,.,C^_.., (�a` Q J `o \ (Sa q j' �' �y' ,,}.• :\ ��`}4 •.O � i � C '�-- ......_��.........,..�.,.rL1.,,.�. ,._. v Q....,.ae'w+.'�twwe,arsnu c• O \� �n �• tD �'•,b tb cn (c)” q (! �,' j' rA rA ,a b!'�"• '.,�a `�' ro+:. '.� {p Cb chZ O o o O �• b cz �p Q � '�:tb•: b. �,- Q O (b a O' C1 p 'b (^ J c., �..or :o aoo (b im A 13 .b Cb 0 n, q J•h, I' to � ,• '� .cp',.b O 'tL � 1 yV \\\JJ (b D \ CZ cl, 4c cb (b `t G zzr r C tv \ (b Cbchr (D • '•t.1��t��SJ V ��ni��ab 'YR"i`. 1�,,�,N^)+ �..'' , , ,T 4. 4x� w! •a u ZY Jb3 •�h'.,.lF� •' Yw.,(`1\d�.'•w*',..•,•,•t. f^� :t' '1•` `/, �"y h �F� � U ry b � .:�.,` CO O C0 Q INI n(*" 2 KC{ry ab ate+R r (� CD ' I 0 (Cb C� 'N!,'°'v'n'.,pJr''ed,,ri t, '{• 4.k.•, y , 1 C�4) , .`l Q,'(1• QL ' '' r�" ♦r ;t. 2 'y -;. •```) c!y Q4. C7 Ivry\r•��, Z4 (b Cb F M m Q IV. o IA cb QL �r f C)r �, fit;' '' �•' .r'r'. •.J' =Z' w O 1 f� .•. + . n Cb j• C 1 �• Q Qk NI h j ftj� �f'�t" gut .r � , . (D ..* � .. `•� G ^ ' t -''"�`�•��t�Y t 2 Y:xf'�,�S 7 '.,� Ax1♦. �•�, \ (� r2> . �♦:' "Aj�.,;i •;�:`;.t�s•y'..�:'c:.{:�..x�R� {.{ r•i„ ., •`•t. i� Q' (J1 � 0 zi �, ,r r*�., 1 a';:`t"t•1+'I `Frd }' , ''` �-�.a"•x•^ I tk CJS •,i '', "•;xC ai•'.'�i.�i'a+s ';�,:•`\; � is• "'a^ � CD .Q ,. {rr r ( .•K' cwt. ��•.mod^ Sn •, :t �Y'' {v �`�9 e ski .t r�+<�'�y��'� [ "n1 .N � V"ry�j3. 'T V�•.gtilYMV' a/ n nem rssueu snip 5a tiOutn,Mange 311 East PARCEL 0107 )urt In accord- Of J G.,•HEAD'S t, FARMS f Su P lemen• accordin"'io tho'P lat thereof iftmidine Ri: V• tea � "'r�k aea*�*a r<"'�`'c'`""�r" ""''r Mittel status unknown ' Adrrtlrafty,and ,.recorded,ln Plat,Book 4$at esidW46Un *owtt[Otivi f, 410114 r�Y2''+1<d`� 1 +! rtsade appli• r,� Page44Of the Public Records �x `' 1 ' �f I �f PARCEL N1 WOW tl� S�? � : tsy.:;2�1US•C: .4 dot County Florida* x *t plain mar as An '"° w �a r To Ail card dete�tlant` who ate liwt o and if sny:11'�I,etendents i°+j rsky are,deceaset£ (l a)anknc vn apouse,:fielro,d40'00 'Van credl a fed&c*!stat• 14he iYOrtti tl)0 1'oi me East +° , �« I-.- 4- x 17.S it.of the Want 348.7 it fora;.ilb. ,'o7otP,tlr.l artlea clalinin0p by,thrOUgh,under,orapalnat sealts eta for r any,such deceased defendant or dolandants,`if sfive dead zsy d Status',ra ), Of tha,Eae -i6 of Said Tract 5, r? �thelt f,nknown r+po%se,helm,dov)seea,legatees,granteesicredl t �' ring w,ln Sret:;lot 11,Township 54S , ,� tars;-Ilenors;Or other pardea clalmi i9 bye throuptl,urldtlr;or agalhat ascribed prop ti� Ran�® .East, of 3 is d 0 •such deceas+id;delendant or defendant§§;End etf"other `y no latefzthan �• HEAD 3 t'A-AM3 �# ,°° ,! Y._ y M . - . ; . partlea ,- m the to of a o,c�aififtip tb have anjr light;title,dfntere3t 1n and to the c- µ„ l '+d ax ' jro�rty desctlbed in the Pelltlon,t0 'i 1I,e`A ttan r,,Afl interested,parties.rrl y r i 5w z», �n AheYw a +,r 6 R�7 ;were tither appear and till heard at sald�tfine 1 6r by atfsrrioy� and place, ` TION 82048-�ZSt2�STA;I?ROAD 924�s A TY a GE5CNiMtON t,. * r r:, � ?+ a FEE SIMPLE RIGHT O (MAY e lid said ills• rx. "" • ..F*x.a% > ,j .PARCEL 103 *�, ra "' S'ECTION 137001251�t 1 torfefture to A permNG1fp dec dQS t0 epposl ,',�,*Allot Tract"A+Of"JAMES A SAv-"-ER SUBS$OSfOW-7e0'O� J Art erica will any dec elan rrtada,_ any board, + Ing to thw,piat t�,fer$orreccndad)n st 9oo l 9e 0of. a 1 ,l ° agency? or co rn�aaton with r- K y a x �. ri , NER. ;expect to a rnatt'or+c3nsidered ,ftha Public RacoMs o7 '6dexCOun ,wFl�r)�asly ng)n Sactlon� M1 S ATT �iNEY at its meetln�orr htiaring,welt need2R,'Township 52 South,Range 40 fast,y0a4e County, fOrida >r� Contalniitp 0.568 acres,more or less.N 'w. rr ^x " r racordjoftheproc edings`Such ,OWNEO'BY MEAL W.RICHMAN marlfal itatus:tfnkho*n, ' A ,, person'may naedto ensure that a . �• V *A SUBJECT TO Mortgage recorded.ln 0 R Book 9850 at Page All Omdy€ y;ver`bat( aci� ot,;ilie prticeed• s 315�1n Favor of ATLANTiC NATIdNAYAir lkgt#We * t al Avenot , Ings'fs ma8jncluding the tos• , r' + r{ t }a�.�gy< ^� iR! •+two; HoilyWoodw�. J l* 33134 683 w timorly and vttlence upon which ; i 934,!j-', the tie Moitgage,recorrfad'In O,R Book 9709 aLPage,� ,�n P s+ appp af4r to gy r Yom;GERAL DINE R!C}tMAhf,rnarltal status urrkilowtt.;s ,-„, ' .4 6T-0 5M' r. n it + let, "s,;he Interest,tf ally,of.PiZZA HUT,.OF1TtTUSViLi:E}iNC w w a 4 BOARD OF;CO Nf year,14 yeart'Bnariic aTICtt3 ,�? r � COIiAMtSSiONERS% ,, " , i,.Ttie Interest,if any,of FARM STORES,etyear;toyear tenant: ' sort ..K f r s OAf)E.000NTY, +» .; t, .r ,... i : ;_�Y EST.*'l FLORIDA *,�a�tLi °� ts��* �. r Y uC +, v" * "'^� r SECtION r 7008-2512 ST1�,T,1wX0,(02 "",OADE t�QUNT1�,'ZOESCRIPTiON 'r Ot,STRICi =RICHARD P.BR�NKE , x ""'� " *. i r, r, id€ -'tit *, + PEE$IMPLE LIMITED ACCE59 R1G1T' E WAY + FIN DISTRICT CLERK n *+ PARCEL 107,, 8tf08 2512 r By Raymond Reed�r ^^. , n»srrsW»� r,ti«t� �, ,A,.portlon of the West 1.32.00 feet of the Eaist`107700 feet of 0•CIW ,; M"pepufy�Clo'rk� , `'; kY Tact—I, f FLORIOAfFRUIT3fANOS COMPANY`S`SUBt�1Vl•, 1126 p .• 87-012630 y „r AMERICA $I0 NOr 1, according tpithe plaf:thareot,'lrecorded In Plat CITY 00 SOUTIt 1:11 l' Book 2 SVPS'0*17 OfAhe�Pu6J c;fidcordsrotbade'COu,nty,` 'M ;in the Nt� ,.of Stlon?r rowttshlp 52.So(rth J 23 rearms "OTIce OP PUBLIC REARtItO `Range 40'East,Da b Cofunty;F10dda'Zielnp ratite ' described as follows + 4c F �,1° �� x' Artimunitlon, r < �`+w �` y w r 'adr y ..* The Plarlrlln Cl ;« '1� { � w. `* mars for Shot , fl Y At of South Mlarni will ccnd&VA utr. "BEGIN at the rote tlon of the,West line of the East 1077.00 s. : Primers,7,500 „s.• ,„, ' ric hearin 'No'.��7.001�for�ihe 'fietl oT aai(d.Trict;17, with"the SOu-th line`of sald Traci ,a, and One q -;ulos.Bullseye approval of a Final Plat Map of thence run Northt)3'41'iS�,West,along the Walttirsaof than a , . sir having an the Sara Perk SubdNislofi on Feb test 107y:00 feet-of se(dTract;l7;foal dlalance ot�8.21 feet,., _ ' 1 58,780.82,- ruary 10,.1987,.• * ., ' +a" :;thence run South 80.17;40"tFEasf fora distance bf°13569;*# r . _y ;�• �•�"� Yt�Y ,.feat to the point of intersectlon'with1he East line of th®West � a , �s Marshal for The Sara Park Subdivision has m°132 00 feet of the East 1077.00 fee!of$aid Tract 17,"wilt►the`,°» ict of Florida a street address of S.W.58th'Ave r tStfutfi'llrie'of sa1d.Tract°fi7, thene¢run:'Sbuth 88.33 55" .i; . , t ,eve-described nue,proposed S.W.-76th Terrace �'Wit along the South ilnA of said tracl`f7.,for a distance Of " between S.W. 76th Strait and S, 1321t)feet,t6 the POINT OF 9EGI NiNf37 20, tt for Fof ei•W 77th Terrace. }, ;#; ,, Together.;with•-all rights of.Ingress;epresa,,lil M AIi'iid view ^ ' � 01 Arrest In + ' ' u J tketween th®"griMors. remaining property::ardlarly��acilitY ;` •� ,leek of Court The legal description Is as ,coPStructed on(tie above described"property: ��j r- ; h Rule C(3), follows: Containing 1,732 square feet,more or less;,, � 1.rY" " "f,, i s for Certain OWNED.SY•_LEON GROSSMAN&REGINA GROSSMAN, time Claims ' The North y5 of the N.E..,i/4 of wife. ." �� ,A •t , to this case the S.E.'V4 of thd'N:E"V,'of Sec•; SUBJECT TO:Mortgage recorded in O.R.Book 9055 at Page Lion 36,Township 54 South,Range . 16W In Favor of FIRST NATIONWIDE SAVINGS�'e Federal b). The Com- P fl ., 40 East;less the East 286.20 feet Savings A;l:oan,A•ssociation r violation with `Mori a e recorded in 0,R.B k 11278 at Pa a 23391n Favor vioiatipn and and the West 25.00 }eeiithereo}, ., g g po g to the United Dade County,Florida. of:.THEODORE.FREEDMAN,,as Custodian for STACEY JOY . .FREEDMAN,a minor... ing any Inter. YOU are hereby advised`that If Judgement recorded•in O. R. Book 10949 at.Page 1986 In 3c6bed prop•any person desires to appeal any Favor of:MARTIN GREENFIELD.marital status unknown. to later,than decision made with respect to any `"The Interest; if any;of K & E CONSTRUCTION CORPORA• n the date of matter considered at this meeting TION,a Florida Corporation. I files written or hearing,such person,will need The interest, if.any, to•INVESTORS MORTGAGE GROUP, wet or Other'a record of the proceedings;and *C: '_ , by attorney, for such purpose may need to The Interest,If any,of E.S.KLINE,BROKER: ,;, e in said dis• ensure that a verbatim record of The interest, if any,.of K/F.DEVELOPMENTaAND INVEST.' 1 forfeiture to the proceedings Is-made, which MENTCORPORATION:,a;i America will record includes the testimony and You are each notified that the Petitioner filed Its sw om Petition ' evidence upon which'th©appeal and Its Declaration of Taking in'thls Court agar"nit you as defendants, ' ..tER is to be based. seeking to condemn by eminent domain.proce0jogs the above S ATTORNEY v.-r - . descood.propertylocated in the State•of Florda;Countyot Dade Public hearing will be held In ,�You"further notified(hat.the,f'etitloner:wHf apply to the Honor. the commission chambers at the able Joseph Nadler,one of the Judges=of(hie Court on the 27 day of 11 torr►a City Hall,6130 Sunset Drive,South. March;A.O.,1987;et 8:00 o'clock A.M.,In Dade County Courthouse, ni Avenuo Miami,Florida,at 7:30 p.m,at the Miami;Florida,for ae►Order of Taking inthis cause.All defendants to 35130,.1683 • date stated above.. . . this suit may.request a,hearing atthe time and place designated and :� ► * s txa heard Any'deT®""' ' 'iailinp to life's regliesf for hearing shall 87-012837M ALL Interested parties are urged waive any,tight to object to the Order of Taking. to attend and-objections. or 3�%ifs 1w tuAND ., A "N "It expressions of approvaLmay be »i F,ach Z' endinf�« Is,Pereby,require .to serve.wr)tten defenses, If „ 4 R1 NG made in poison at the hearing-or any;-and request a.heating,if,Ceslred,to said,PetitCon or1 p • .ti filed In writing prior,to or at the DEPARTMENT OF:rzt.wi r,AND, bistx -xSTATE,OF,FLORIDA ' FL40440A"• hearing. The Board reserves the TRANSPORTAT}ONt,-4't00-, P:11jt."z :g1-DEPARTMENT right to recommend to the City 401 Northwest 2nd Avenue .�»t:1>c �'rOF.TRANSPORTATION C HEARING Commission whatever the Board Room 510, ..s Eminent Domain Legal 'LosD ROAD considers In the bast Interest for-''MI=-Florida 3128'1" `l ri Offtee r<Aaif Station 24 : . the area involved. The Board's, clo Barbara K 'Hobbs,(.; ,.N,xn i.aNayi!•on Bums Building .ONCERN: recommendation on this matter DistrictSlxAttomey; ..;;,,TaIIehasse%FW1da32301 will tie heard by the City Commis (305)377-5367= „ ,vw"„ r;.x:.3.,+s :::s r(904),A8&26il , .Y GIVEN that ston at a future dale, tentatively on or before the 27-day of February;A.O.1987;and file the originals t to Sections scheduled for February 17, 1987. with the Clerk of this Court on that date,to show cause what right,, Florlds Slat. Interested, parties requesting title,interest;or lien you or of you have In acid to the property n No.A-13.87 information are asked to contact described In the Petition and to show cause;if anti you have,why the 4OAA0 OF the office of the Director of Build- property should not be condemned'for itie.uses'and-Odiposes set ;LONERS OF ing. Zoning &Community Devel- forth In the Petition.It you fall•.to answer,a,defautt'may be entered I.ORIOA, the opment by calling 667-5691 or by,against you for the relief demanded In,the•Petition,'If you fail to a public hear• writing. REFER TO HEARING,,request a hearing on the Petition for Order of Taking you shall waive of Feb. 1987, NUM B E R,W H EN M A K I N G any-right to object to said Order of Taking. is mwning at INQUIRY. WITNESS MY HAND,ANO SEAL of`said Court on the 26 day of: e2ndtloor '`' -'"r_' J,AN;A,D., 1987. 44:. House, The City of South Miami Richard P.Brinker- y 0 bility of ;. Planning Board—.,.z-;»�.:.�,-= ,,�.. -.;� _. CLERK.OF THE CIRCUIT COURT nor Mark C.Balkovek, (Seal) Jrp.•et al. Acting Director of Building, BY:JENNIS L.RUSSELL load upon the Zoning and Community,�?�� • x `+ Deputy Clerk tiling of said�,.. Development 1l28214.11•t8, ;+ 87-012840M r day of Jan., 1128 87-012842M ORDINANCE NO. 14-81-1108 AN ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, ABANDONING AND VACATING A CERTAIN DESCRIBED UNIMPROVED RIGHT-OF-WAY LOCATED ON SOUTHWEST 60TH AVENUE BETWEEN SOUTHWEST 82ND STREET AND SOUTHWEST 83RD STREET, SOUTH MIAMI, FLORIDA, WHICH UNIMPROVED RIGHT-OF-WAY IS BORDERED ON THE EAST BY LOTS 15 AND 16, BLOCK 4, SEAVIEW PARK AMENDED, PLAT BOOK 17, PAGE 80, DADE COUNTY, FLORIDA, AND BORDERED ON THE WEST BY THE EAST, OF THE SW4 OF THE NW-, OF THE SE4 OF SECTION 36-54-40, LESS THE SOUTH 355 FEET, LESS THE EAST 25 FEET THEREOF, DADE COUNTY, FLORIDA, AND WHICH UNIMPROVED RIGHT-OF-WAY IS FURTHER OUTLINED IN BLUE ON THAT CERTAIN SKETCH ATTACHED TO THIS ORDINANCE, RETAINING CERTAIN RIGHTS THEREIN, AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. WHEREAS, the City has determined that it is in the best interest of the City that the unimproved right-of-way hereinafter described be abandoned and vacated; and WHEREAS, the City has no need for the unimproved right-of-way hereinafter abandoned and vacated; and WHEREAS, it would be to the interest of the general welfare of the citizens of the City of South Miami to abandon and vacate the unimproved right-of- way hereinafter referred to. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA: Section 1 . That all the land shown as "unimproved right-of-way", locat ed on Southwest 60th Avenue between Southwest 82nd Street and Southwest 83rd Street in the City of South Miami , Florida, said unimproved right-of-way being 50 feet wide and 187 feet long more or less , running north and south, which unimproved right-of- way is bordered on the east by Lots 15 and 16, Block 4, Seaview Park Amended , Plat Book 17, Page 80, Dade County, Florida, and bordered on the west by the East , of the SW 4 of the NW 4 of the SE 4 of Section 36-54-40, less the South 355 feet, less the East 25 feet thereof, Dade County, Florida, and which unimproved right-of-way is further outlined in blue on that certain sketch attached to this Ordinance, be, and the same is hereby abandoned and vacated. Section 2. The City retains the right to maintain, install , operate, repair and replace by itself or by any licensee or a holder of a franchise from the City any poles , wires , pipes , conduits, sewer mains , water mains, or any other facility or equipment for the maintenance or operation of any utility now located anywhere within the unimproved right-of-way or hereinafter located within 10 feet of the center line of the unimproved right-of-way portion thereof abandoned or - 1 - vacated by this Ordinance. Section 3. This Ordinance shall take effect immediately at the time of its passage. PASSED and ADOPTED this 9th day of June 1981 . APPROVED: i ' MAYOR 1 ATTEST: CITY CLERK a Passed on lst Reading: 6/2/81 Passed on 2nd Reading: 6/9/81 Moved by -Mayyor Block seconded byj1a --.RUar_„ArLEa_ LUtz YFS NO CIO, k_......__X _-._. ....._.._ ._ Co,,.m F'ortet--sent s 'oAV 85'j^,'S OT9L ',STjgoTtO•u•Ar, 'saTij puv -jlq s uTTTTP, I.zagog 99TES 'T3 `TEU-9Trti 1-9011-S 9E 'Mi'N OOTL UOTSTATa SU2TS pti-a SlQU2TS—oTJJ'SJL 8NIOA, oTTgna kpnoo ap'a0 61 'go3 5 Z 31tJa ITIOI vTTaQ uuor► of 1 S 1!1 H 119 . 119 . - 3 -M uioif OMlW