Loading...
HomeMy Public PortalAbout2006-24 Authorizing the Termination of Name Display Covenant and New Name DisplayRESOLUTION NO. 2006-24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING TERMINATION OF NAME DISPLAY COVENANT EXECUTED BY THE VILLAGE OF KEY BISCAYNE FOR THE BENEFIT OF THOMAS H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, APPROVING EXECUTION OF NEW NAME DISPLAY COVENANT TO BE EXECUTED BY THE VILLAGE OF KEY BISCAYNE FOR THE BENEFIT OF THOMAS H. WAKEFIELD, CHARLES FRED REBOZO AND MARY R. BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G. REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AND APPROVING SIGNAGE PURSUANT TO THE NEW NAME DISPLAY COVENANT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE TERMINATION OF NAME DISPLAY COVENANT AND THE NEW NAME DISPLAY COVENANT AND TO TAKE ALL STEPS NECESSARY TO IMPLEMENT THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 21, 2000, the Village and Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G. Rebozo Trust Under Revocable Trust Agreement dated January 20, 1989 (the "Trustees"), entered into a Name Display Covenant, as recorded in Official Records Book 19293 at Page 2978 of the Public Records of Miami -Dade County, Florida (the "Name Display Covenant"), in which the Village agreed to the placement of limited signage on certain Village property; and WHEREAS, the Village and the Trustees desire to terminate the Name Display Covenant pursuant to the terms and conditions of the Termination of Name Display Covenant, a form of which is attached hereto as Exhibit "A" ("Termination of Name Display Covenant"), and enter into the New Name Display Covenant, a form of which is attached hereto as Exhibit "B" ("New Name Display Covenant"), for the placement of signage as described therein. VILLAGE ATTORNEY NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Approval and Execution of Termination of Name Display Covenant and New Name Display Covenant. The Village Council hereby approves the Termination of Name Display Covenant and the New Name Display Covenant, and approves the execution by the Village Manager of the Termination of Name Display Covenant and the New Name Display Covenant, and to the placement of the signage substantially in accordance with the plans and specifications in the New Name Display Covenant attached as Exhibit "B" to this Resolution. Section 2. The Village Manager is authorized to take all action necessary for the execution of the Termination of Name Display Covenant and the New Name Display Covenant, and for the construction and placement of the approved signage and any other actions necessary to implement this Resolution. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 13th day of une , 2006. 7/,occe-ct (14 MAYOR ROBERT OLDAKOWSKI CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC 2 111111111111111111111111111111111111111111111 made as of the This instrument was prepared by and record and return to: John J. Kendrick III, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. 2665 S. Bayshore Drive Suite 420 Miami, Florida 33133 EXHIBIT "A" CFN 2006R08946232; OR Ek 24832 Ps5 4239 -- 4244; (6raa t RECORDED 08/17/2006 1049W3 HARVEY R1.1VINr CLERK OF COURT MIAMI—DADE COUNTY? FLORIDA TERMINATION OF NAME DISPLAY COVENANT THIS TERMINATION OF NAME DISPLAY COVENANT (this "Agreement"), is it day of dui , 2006, by and between the VILLAGE OF KEY BISCAYNE, a municipal corporation, having an address at 88 West McIntyre Street, Key Biscayne, FL 33149 (the "Village") and Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (collectively the "Trust"), having an address at c/o Olga Guilarte, 524 Fernwood Road, Key Biscayne, FL 33149. WITNESSETH: WHEREAS, the Village executed a Name Display Covenant for the benefit of the Trust, which Name Display Covenant was recorded in Official Records Book 19293 at Page 2978 of the Public Records of Miami -Dade County, Florida (the "Existing Covenant"); WHEREAS, the Village and Trust have agreed to replace the Existing Covenant with a new name display covenant; and WHEREAS, Village and the Trust desire to cancel and terminate the Existing Covenant. NOW THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Village and the Trust agree as follows: 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein as if set forth in full. 2. Termination. The Existing Covenant is hereby terminated and cancelled as of the date hereof and the parties to this Agreement hereby direct the Clerk of the Court to cancel the same of record. 3. Miscellaneous. This Agreement shall be binding upon the parties hereto, their successors and assigns, and shall be construed in accordance with the laws of the State of Florida. This Agreement may not be modified except by agreement in writing executed by the Village and Trust. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same agreement. [Remainder of page intentionally left blank.] 2 IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date hereof. Signed, sealed and delivered In the presence of: (1ae \cLk-61P.,k_ Print Name: -1\1LCL (AQ ijc _,r Cv Attest• 'llage Clerk Approved as to legal form and sufficiency: B illage At orney VILLAGE: VILLAGE OF KEY BISCAYNE, a Florida municipal corporation By: L.,,.,., acqueline Menendez, Vii e Manager 3 TRUST: Sign re S� Printed Name Witness Signature Printed Name Printed Name Witness Signature Printed Name ft/AL,t_k_etti_zz___ Christina O'Brien Gilbert, as Succes Trustee of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended Charles Fred Rebozo, as Successor Trusee of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended 4 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing Agreement was acknowledged before me this / 744 day of 2006 by Jacqueline Menendez, as Village Manager of the Village of Key iscayne, a Florida municipal corporation, on behalf of the municipal corporation. Personally Known or Produced Identification Type of Identification Produced •;;�� MYRIAM RESTREPO :,; :► ;,: MY COMMISSION # DO 483059 4Vi ..�*•• a EXPIRES: October 18, 2009 oc°Q• Bonded Thru Notary Public Underwriters STATE OF FLORIDA )SS: COUNTY OF MIAMI-DADE Signature: Name: [Print/ • r type] Mr t /4A-4 X s7 V e5 Title: Notary Public Serial No., if any: My commission expires C ` h ' /P .2005' The foregoing instrument was acknowledged before me this 21 day of , , 2006 by Thomas H. Wakefield, as Successor Trustee of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended, who is personally known to me or who has produced as identification. (Signature of person, ing acknowledgment) (Name of cknowledger typed, printed or stamped) RAP�l�c� itle or r ) D O t'#'to (Serial number, if any) 5 OR Bk 248:32 PG 4244 LAST PAGE STATE OF FLORIDA ) )SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this .7_cr day of 2006 by Charles Fred Rebozo, as Successor Trustee of the Charles G. Rebozo Re cable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended, who is personally known to me or who has produced as identification. 40 I II► — i -'—fir. ► o•'s'n p',,,,- BARBARA A. PETERSON y, •- Notary Pt * - Stale of Florida • JMy Commission Expires Oct 13, 2008 Commission 8 DD 481416 Bonded By NNalionsi Wary Assn. 4 III I ♦ 4e (Signature of person taking acknowledgment) ki:46f3 (Name of acknowledger typed, printed or stamped) o 191 L\Ci (Title or ra k) 409 L- N L) (Serial number, if any) STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 2-1 day of 2006 by Christina O'Brien Gilbert, as Successor Trustee of the Charles G. ebozo evocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended, who is personally known to me or who has produced as identification. ing acknowledgment) (Signature of person to (b-Prio-PA3-P-A Pt, r (Name of acknowledger typed, printed or stamped) 6F-Pt-gl (Title or rank) ‘M)L c 1 (Serial number, if any) F:\100\103032\Termination Agreement.doc 6 111111111111 Iilll IIIII IIIII IIIII IIII I IIII IIII This instrument was prepared by and record and return to: John J. Kendrick III, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. 2665 S. Bayshore Drive Suite 420 Miami, Florida 33133 EXHIBIT "B" NEW NAME DISPLAY COVENANT CFN 2OO6ROS9682.S OR &k 24832 F'ss 4245 - 4252; t8pas4 RECORDED 08/17/2006 14:49:03 HARVEY UVIN? CLERK OF COURT MIAMI -D DE COUNTY? FLORIDA This New Name Display Covenant dated as of the day of is made by the Village of Key Biscayne, a Florida municipal corporation (the "Villa RECITALS: , 2006 WHEREAS, the Village is the owner of the real property described in the attached Exhibit "A" (the "Village Green"). WHEREAS, on September 21, 2000, the Village purchased certain real property located in the Village from Thomas H. Wakefield, Charles Fred Rebozo and Mary R. Bouterse, as Successor Trustees of the Charles G. Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (collectively the "Seller"); WHEREAS, in connection with said purchase, the Village executed a Name Display Covenant which was recorded in Official Records Book 19293 at Page 2978 of the Public Records of Miami -Dade County, Florida (the "Prior Name Display Covenant"); WHEREAS, the Prior Name Display Covenant has been terminated and cancelled of record pursuant to that certain Termination of Name Display Covenant dated as of the date hereof entered into between the Village and the Seller; and WHEREAS, the Village and the Seller have agreed that the Prior Name Display Covenant shall be replaced with this New Name Display Covenant. NOW, THEREFORE, for valuable consideration, the Village covenants and agrees as follows: 1. The above recitals are true and correct and are incorporated herein as if set forth in full. 2. The Village hereby agrees to place a limerock monument at the Village Green (the "Rebozo Monument") containing an 18" by 24" plaque with the words as set forth on Exhibit "B" attached hereto. Subject to cessation for reasonable periods of time by reason of force majeure, acts of god, fire or other casualty, repairs, restoration, renovation, alteration or causes beyond the control of the Village, the Village agrees to construct and complete the Rebozo Monument substantially in accordance with the specifications set forth on Exhibit "B" attached hereto, including the approximate location and size of the Rebozo Monument, size of the plaque, font, size of lettering and materials set forth on Exhibit "B" attached hereto; provided, however, in the event that the Village Green is redesigned by the Village, then the Rebozo Monument may be relocated by the Village to another location within the Village Green (or such other location within the Village) reasonably acceptable to the Seller. 3. Notwithstanding anything to the contrary contained in this New Name Display Covenant, if the improvements currently located at the Village Green are wholly or partially destroyed and the Village does not elect to rebuild, restore or repair such improvements, then the Village shall not be obligated to replace the Rebozo Monument thereon. 4. This New Name Display Covenant shall encumber the Village Green only for so long as the Village owns the Village Green. The terms, covenants, restrictions and provisions of this New Name Display Covenant shall automatically terminate and become null and void on the date that the Village Green is no longer owned by the Village. 5. This New Name Display Covenant is given for the benefit of the Seller and may be enforced by Seller or any heir -at -law of Charles G. Rebozo. This New Name Display Covenant may only be modified, rescinded or amended in whole or in part by an instrument executed by (i) the Village and (ii) the Seller or their successors' trustees. [Remainder of page intentionally left blank.] 2 IN WITNESS WHEREOF, the Village has caused this instrument to be executed as of the day and year first above written. Witnesses: C.AALtt k(LVCa.OS\ Print Name: C\ Ck C' \'` By: Print NanfeT Ot Ku/ cr Attest: illage Clerk 61v&f.' Approved as to legal . rm and sufficiency: By. Village At orne STATE OF FLORIDA )SS COUNTY OF MIAMI-DADE VILLAGE OF KEY BISCAYNE, a Florida municipal corporation Jacqueline Menendez, Village Manger • The foregoing instrument was acknowledged before me this/Pit day of 2006 by Jacqueline Menendez, Village Manager of the Village of Key Bisc e, a Florida municipal corporation, in the capacity aforestated; such person is personally known to me or has produced a driver's license as identification. My Commission Expires: Ce,t-Z2sL/ ice, (6)0 .2 No : y Public, Stat- of Fl. 'da .•ir �''',, MYRIAM RESTREPO #a► = MY COMMISSION # DD 483059 47/ EXPIRES: October 18, 2009 .F..�. Bonded Thru Notary Public Underwriters 3 EXHIBIT "A" LEGAL DESCRIPTION OF VILLAGE GREEN 4 Exhibit "A" Parcel A: A portion of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, more particularly described as follows: From the Southeast corner of said Tract 5 run North 79 degrees 11 minutes 28 seconds West along the South line of said Tract 5 for a distance of 402.76 feet to the Southwest corner of said Tract 5; thence run Northward along the West line of said Tract 5, said West line of said Tract 5' being the arc of a curve to the left* having for its elements a radius of 1365 feet and a central angle of 17 degrees 52 minutes 23 seconds for an arc distance of 425.80 feet to the Point of Beginning of the parcel of land herein described; thence run South 88 degrees 01 minutes 04 seconds East for a distance of 104.65 feet to a point; thence run South 77 degrees 59 minutes 50 seconds East for a distance of 300.24 feet to a point on the East line of said Tract 5; thence run Northward along the East line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1765 feet and a central angle of 00 degrees 29 minutes 38 seconds for an arc distance of 15.21.feet to a point; thence run North 77 degrees 59 minutes 29 seconds West for a distance of 298.82 feet to a point; thence run North 88 degrees 01 minutes 04 seconds West for a distance of 106.60 feet to a point on the West line of said Tract 5, said West line of said Tract 5 being the arc of a curve to the left that has for its elements a radius of 2635 feet and a central angle of 00 degrees 01 minutes 36. seconds for an arc distance of 1.26 feet to a point of tangency with a circular curve to the right that has for its elements a radius of 1365 feet and a central angle of 00 degrees 34 minutes 39 seconds for an arc distance of 13.71 feet -to the Point of Beginning. Parcel B: Commencing at the Southeast corner of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, run North 79 degrees 11 minutes 28 seconds West along the South line of said Tract 5 for a distance of 402.76 feet to the Southwest corner of said Tract 5; thence run Northward along the West line of. said Tract 5, said West line of said Tract 5 being the arc of a curve to the left having for its elements a radius of 1365 feet and a 'central angle*of 17 degrees 52 minutes 23 seconds for an arc distance of 425.80 feet to the Point of - Beginning of the parcel of land herein described; thence run South 88 degrees 01 minutes 04 seconds East for a distance of 104.65 feet to a point; thence run South 77 degrees 59 minutes 50 seconds East for a distance of 300.24 feet to a -point on the East line of said Tract 5; thence run Southward along the -East line of said Tract 5, said East line of said Tract 5 being the arc of a curve to the right having for its elements a radius of 1765 feet and a central angle of 14 degrees 07 minutes 12 seconds for an arc distance of 434.97 feet to the Point of Beginning. Parcel C: Tract 7, of a Subdivision of a Portion of MATHESON ESTATE, according to the Plat thereof, as,rrecorded in Plat Book 46, at Page 86, of the Public Records of Dade County, Florida, less the South 150 feet, as measured at- right angles to the South line, and less the North 97.33 feet of the South 247.33 feet of Tract 7, as measured at right angles to the Southerly boundary of Tract 7. EXHIBIT "B" SITE PLAN 18" I/4" Trim iirriommlnalwir 2" 24" Profile Photo 2" 4 $" IN MEMORY OF CHARLES G. `tiEBE' REBOZO '" "" 1912h- 1998 • 2W +—� KEY BISCAYNE PIO , ER, BENEFACTOR, I . AND COMMUNITY LEADER • . %N Ltrs, v4" FOUNDER OF THE FIRST BANK. ON KEY 2" Weather -proofed, brushed bronze, dark background, raised light letters, reverse mount, letters New Times Roman Plaque Detail (Optiion 2) OR BK 24832 P" LAST PAGE Option 2 Page 2 4' Fountain IMP Front View Proposed Village Rebozo Green Memorial 15' C Lawn 3' ► Paver Plaza Veterans Memoiiai Memorilal Location Plan (Option 2) Side View Asphal Path Crandon Boulevard