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HomeMy Public PortalAbout2006 Termination of Name Display Covenant.tifWEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P A ATTORNEYS AT LAW M T^ -#ELL A BIERMAN NINA L BON SKE M TC-EELL 9.3RNSTEEP+I AMEE ALAN COLE STEPHEN J HELTMAN GILBERTO PASTOREZA M CHAEL S POPOK GARY I RESN CK JOSEPH H SEROTA SUSAN L TREVARTHEN R CHARD JAY WEISS DAVID M WO -PEN MEL SSA P ANDERSON LE«LEAN ARANGO DE LA HOZ* ..AMES E BAKER .,EFF P H CAZEAU IGNACIO G DEL VALLE RAGLEL ELEJABARREETA PAUe. 5 F GG CHAD FRED SEAN M1AM3 DADE OFF3CE 2665 SOUTH SAYSHORE DRIVE SUITE 420 MIAMI FLOR3OA 33133 TE..EPHONE 305 554 0800 TELEC©P ER 305 854 2323 WV,/W WS' LAW CONE BROWARD OFFICE 3107 STRUNG ROAD SUITE 300 FORT LAUDEROA_E F—OR/DA 33312 TELEPHONE 954 763 4242 rFLE.COPIZR 954 764 7770 VIA 11 DERAI EXPRESS *OF COUNSE September 29, 2006 C vc,h tall Al vaiez CMC Village Clerk Village of K€,y Biscayne S8 W Mei ofyre')treet KLy Biscayne Florida 33149 RE Rebozo blame 3hsplay Covenant and Monument Deal Conchita DOUGLAS R CONZALES TARA L GOULD GREGORY A HAILE (HN J KENDRICK ill KAREN LIEBERMAN JOHANNA M LUNDGREN ANDREW W MAI MATTHEW P MANDEL ALEXANDER L RA ENZJELA MAURE CHRISTINA PRK C JOHN J QUICK ANTHONY L RECTO SCOTT A ROB N FRANK A RJLLAN GAL D SEROTA JONATHAN C $HAMRZS ESTRC LITA S SIB LA MICHAEL L STENES JOSE S "ALAVERA STEVEN E TAYLOR JAMES E WHITE Enclosed please find the original recorded Termination of Name C ovenant and the original recorded New Name Display Covenant cbould you have any questions please do not hesitate to contact me Sincerely , IJL__ I / _____Li/ F £ 3{ Tdliin S K ;ndrnck III U Iud Kurlancheek (,r/encls ) tephe J Helfman, Esq (w/o Lncls ) D splay RESOLUTION 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 It BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G REBOZO REVOCABLE TRUST UNDER REVOCABLE TRLST AGREEMENT DATED JANUARY 20, 1989, APPROVING EXECUTION OF NEW NAME DISPLAY COVENANT T O BE EXECUTED BY THE VILLAGE OF KEY BISCAYNE FOR THE BENEFIT OF THOMAS H WAKEFIELD, CHARLES FRED REBOZO AND MARY It BOUTERSE, AS SUCCESSOR TRUSTEES OF THE CHARLES G REBOZO REVOCABLE TRUST UNDER REVOCABLE TRUST AGREEMENT DATED JANUARY 20, 1989, AND APPROVING SIGNAGE PURSUANT 10 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 1 HIS 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 I 111111 nisi mn nm iinnnn inn ii ii un This instrument was prepared by and record and return to John J Kendrick III Esq Weisz Scrota Helfman Pastoriza Cole & Bonnske P A 2665 S Bayzhore Drive Suite 420 Miami Florida 33 133 EXHIBIT "A" TERMINATION 01 NAMF DISPLAY COVENANT rwg-3 6 R. f-. 74, Fq- 12 FirA -i ` �� a (Lt -Ls` �f THIS TERMINATION OF NAME DISPL AY COVENAN I (this 'Agreement"), is made as of the -.day of , 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 e/o Olga Guilarte, 524 1 ernwood 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 I rust have agreed to replace the Fxisting Covenant with a new name display covenant, and WHEREAS, Village and the 'T rust 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 Incorporation of Recitals The above recitals are true and correct and are incorporated herein a.s 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 Fhis Agreement shall be binding upon the parties hereto, their successors and assigns, and shall be construed in aa,cordance 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 VII L & F In the presence of -5 , z Print Name � - Pent ne Approved as to legal form and sufficiency By VILLAGE OF KEY BISC zYNE, a Flonda municipal corporation By Jacqueline Menendez, VII e Manager 3 I RUST Woes Sign IcA) Printed Name Witness Signature Printed Name Printed Name Witness Signature Printed Name . et. 2,s, - Christina 0 Brien Gilbert as Successor' Trustee of the Charles G Rebozo Revocable Trust under Revocable Trust Agreement dated January 20, 1989 as modified and amended Charles Fred heboLo as Successo£ Trus ..e 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 JA I D A.DE ) 1 he foregoing Agreement was acknowledged before me this //0 day of _....9 2006 by Jacqueline Menendez, as Village Manager of the Iv illage of Key Tscayne, a Florida municipal corporation on behalf of the municipal corporation Personally Known or Produced Identification Type of Identification Produced MYNAM R STRIO MY CO MI S N DO 430% EXPIRES Oc# It 18 2009 $ Y�3 Nary Ptt} '. Un writt STATE 01 1 LRDA -.Ab' l� • w•.t .b _. )SS COUNTY OF MIAMI-DADE ) Signature/ e ee,e. Name Pnntr tIvel M eP -14-Z itle Notary Public Serial No , if any . .. My commission expires '`,e, .0 , 1 he foregoing instrument was acknowledged before me this 21 day of 2006 by Thomas H Vv akefield, 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 BARBARA A PETERSON Notary SIN Ft.)144 My Commsooft Elpm 00 Or CommONA # 00 Bolded Natexvi (Signature of person Ming acknowledgment Eipt9-4541,41: (Name of eknowledger typed, pnnted or stamped) I -A FLA c - isle or r! ) r�a4 9-1.1.R0 (Serial number, if any) 5 STATE OF FLORIDA COUNTY OF MIAMI-DADE ) )SS ) The foregoing instrument was acknowledged before me this I day of 2006 by Charles Fred Rebo,o, as Successor Trustee of the Charles G Rebozo Re cable I rust under Revocable "I rust Agreement dated January 20 1989 as modified and amended, who is personally known to me or who has produced as identification STATE OF FLORIDA (Signature of person taking acknowledgment) 16.,2f1,4-)44 w (Name of acknowledger typed, printed or stamped) X14 A �f (Title or ra k) (Serial number if any) ) SS COUNTY OF MIAMI -DADS ) The foregoing instrument was acknowledged before me this 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 F \ OO1103O321Ter^-t'a nor Agreerme^t doe k‘, {4 h x (Signature of pei son taking acknowledgment) 0,,)0 -14,)o -v xT (Name of acknowledger typed, printed or stamped) (Title or ra ) „i t )OL! Ujkr- (Serial number, if any) 6