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HomeMy Public PortalAboutNew Name Display Covenant.tif11111111111111111111311111111111111111111111 Pas s instrument was prepared by and record and return to John J Kendrick Ill Esq Weiss Scrota Haman Pastonza Cole & Bonnske P 4 2665 S Bayshore Drive Suite 420 Miami, Florida 33133 EXHIBIT "B" NEW NAME DISPLAY COVENANT' This New Name Display Covenant dated as of the d I day of is made by the Village of Key Biscayne, a Florida municipal corporation (the "Villa CF Ci fr s3 1 19. -on DADS CatiNT ( r F 21.0-4 6 R. 0 8 �2 4E32 F 424 £2.? 8M9 RECITALS , 2006 WHEREAS, the 'pillage 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, Chailes Fred Rebozo and Mary R Bouterse, as Successor Trustees of the Charles G Rebozo Revocable rust under Revocable Trust Agreement dated January 20, 1989, as modified and amended (collectively the "Seller' ), HEREAS 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 Punlic 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 abo, e recitals are true and correct and are incorporated herein as if set forth in full 2 The Village hereby agrees to place a lirnerock 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 foi reasonable periods of time by reason of force nnajeure, 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 Monm.rn.ent may be relocated hie 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 contras y contained in this New Name Display Covenant, if the improvements currently located at the Village Green are wholly of partially destroyed and the \ illage 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 Iv illage Green is no longer owned by the Village This New Name Display Covenant is given for the benefit of the Seller and may ht, enforced by Seller or any heirwat-law of Charles G Rehozo This New Name Display Coy errant 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 wntten itnesses tk,_ c ts. pant Name IAA ( .. A } Pant Name i.t;4 . Wty.`°ns, Attest -Village Clerk awit,A0 Approved as to legal . , rm and sufficiency B page At one STATE OP FLORIDA ) )SS MIA MI-DADE OF �';r AMI-DA E ) VILLAGF OF KEY BISCAYNE, a Florida municipal corporation Jacqueline Menendez 7v illage Manger The foregoing instrument was acknowledged before me this, 1,7 day of ,4-uz 206 by Jacqueline Menendez, Village Manager of the ' illage of Key Biscane, 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 , 4. /SI/ 42- //k Not y Public, State of Fled MYRRAM RESTREPO M' COMMISSION 0 DD483r6 EXPIRES October 18 2009 Bor--'ed 140 ¢ UndePOIeTS EXHIBIT "A" LEGAL DESCRIPTION OF VILLAGE GREEN 4 Parcel A A portion of Tract 5, YakTEESONES7ATE, according to the Plat thereof, as recorded La 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 rum 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 S being the arc of a ire to the left having for its elements a radhzus of 1365 feet and a central angle of 17 degrees 52 minutes 23 seconds for =arc distance of 425 80 feet to the Point of Beg-tmvutg 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 motes 5 seconds East for a distance of 300 24 feet to a point on the East line of said Tract 5, thence ru=g 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 22 minutes 38 seconds for =arc distance of 15 21 feet to a pot= thence run. '1 orth 77 degrees 59 minutes 29 seconds West for a distance of 258 82 feet to a point, thence rum North 88 degrees 01 moTlutes 04 seconds Vest fora distance of 106 60 feet to a port on the West lime of said Tract 5, said rest 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 34 seconds for an arc distance of 1 26 feet to a point of to :gencv 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 3eginniag Parcel -5 Commencing at the Southeast corner of Tract 5, MATHESON ESTATE, according to the Plat thereof, as recorded t, 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 3egt ning of the parcel of land hereon 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 lane of said Tract 5, said East line of said Tract S being the arc of a curve to tho. 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 MATBF-SON ESTATE, according to the Flat thereof, as,zecorded in Plat Book 46, at Pagan 86, of the Public Records of Dade Count, Florida, less the South ISO feet, as measx.»ed 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 E H BHI'13" S1 EP AN 2C 18 2 IN MEMORY OF ES G. `�EBE' REBOZO? 1912- 1998 *-----1 WWW Thrn 8 KEY BISCAYNE PIOWER, BENEFACTOR, AND COMMA ITY LEADER v.44 Lim rwP FOUNDER OF THE FAT BANK ON ME KEY \\IN Weather -proofed brushed bra dark 4 background, raid light laask reverse flout, letter New runes Roman Plaque Detail (Opt!ion 2) 5 Own 2 Paget 4 . > 41 Front View Prod w Rebozo Green Memorial C Fourttatn Lawn • Peve( Plaza Veterans Memel Memorlal Location Plan (Option 2) Side View c>