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