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J-d6-116
RESOLUTION NO. 8 6 ' 9 2
A RESOLUTION APPROVING A COVENANT TO RUN
WITH THE LAND PROFFERED BY BEBER-SILVER-
STEIN & PARTNERS FOR NON-STANDARD CONS-
TRUCTION IN PUBLIC RIGHT OF WAY; AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE SAID COVENANT IN SUBSTANTIALLY
THE FORM ATTACHED HERETO ON BEHALF OF THE
CITY.
WHEREAS, Beber-Silverstein & Partners, hereinafter called
COVENANTOR, has requested permission from the CITY to construct
non-standard improvements within dedicated public right of way
adjacent to COVENANTOR'S property located at 3361 S.W. 3 Avenue;
and
WHEREAS, the non-standard improvements shall include decorative
brick sidewalk, ground mounted uplights and shade trees; and
WHEREAS, the City has required the execution of a covenant
running with the land as a condition precedent to the granting of
permission to COVENANTOR to construct the improvements; and
WHEREAS, the Covenant will indemnify the City from claims
arising from the construction, maintenance and/or removal of the
improvements; and
WHEREAS, it is now appropriate for the City Commission to
consider the authorization of City officials to execute said
covenant on behalf of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Commission hereby approves the Covenant
To Run With The Land proffered by Beber-Silverstein & Partners
for non-standard construction in public right of way adjacent to
3361 S.W. 3 Avenue.
Section 2. The appropriate City officials are hereby
authorized to execute said Covenant in substantially the form
attached hereto on behalf of the City of Miami, and to process
said Covenant for recordation into the Public Records of Dade County.
MEETING; OF
FEB Ya$�e
ON No. 9
PASSED AND ADOPTED this _13th _ day of FEBRUARY _ _. 1986.
'XAVIER L.� AREZ
MAYOR
ATTEST:
TTY HIRAI —��� �—
CITY CLERK
PREPARED AND APPROVED BY:
G, MIRIAM MAER
ASSISTANT CITY ATTORNEY
mm
APPROVED AS TO FORM AND CORRECTNESS:
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CIA A. DOUGHE
CITY ATTORNEY
86-92
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March 5, 1986
Mr. Richard P. Brinker, Clerk
240 Dade County Courthouse
73 West Flagler Street
Miami, Florida 33130
RE: Public Records
Dear Mr. Brinker:
Enclosed herein please find a copies of Resolutions No. 86-88 and
86-92, passed and adopted by the City of Miami Commission at its
meeting held on February 13, 1986, which are self-explanatory.
Please process said resolutions for recordation into the Public
Records of Dade County.
Thank you for your continued cooperation. If you have any
questions, please do not hesitate to call.
Ver truly yours,
ty Hirai
City Clerk
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086-92
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
22
TO. Honorable Mayor and DATE: FEB 6 �ydo FILE:
Members of the City
Commission SUBJECT Resolution Approving
Beber-Silverstein Covenant fo-
Improvements in Public R/W
FROM! REFERENCES
Cesar H. Odio �\VI
City Manager ENCLOSURES (For Commission Meeting
of February 13, 1986)
It is recommended that a resolution be
adopted approving a COVENANT TO RUN
WITH THE LAND proffered by Beber-
Silverstein & Partners for non-standard
construction in public right of way;
and authorizing the appropriate City
officials to execute the covenant in
substantially the form attacned hereto
on behalf of the City.
Beber-Silverstein & Partners, located at 3361 S.W. 3 Avenue, has
requested permission from the City to construct non-standard
improvements within dedicated public right of way adjacent to
their property. The non-standard improvements will include
decorative brick sidewalk, ground mounted uplignts and shade
trees.
The Department has required the execution of a covenant running
with the land as a condition precedent to the granting of
permission to Beber-Silverstein to construct the improvements.
The covenant will indemnify the City from any claims arising from
the construction, maintenance and/or removal of the improvements.
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COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this day of
A.D., 1985, by and between BEBER-
SILVERSTEIN & PARTNERS, a Florida General Partnership, party of
the first part, hereinafter called COVENANTOR, and the City of
Miami, Florida, a municipal corporation of the State of Florida,
in the County of Dade, party of the second part, hereinafter
called City; and
WHEREAS, COVENANTOR, is the fee owner of the parcel of land
known as Lots 15 througn 20 and Lots 24 & 25, Block 51, East
Shenandoah Subdivision, Plat Book 14, Page 55; and
WHEREAS, COVENANTOR has requested permission from CITY to
construct non-standard improvements within dedicated public
right-of-way adjacent to 3361 S.W. 3rd Avenue; and
WHEREAS, the non-standard improvements shall include
decorative brick sidewalk, ground mounted uplights and snade
trees; and
WHEREAS, S.W. 3rd Avenue adjacent to 3361 is under the
jurisdiction of CITY; and
WHEREAS, CITY has requirel the execution of this covenant
running with the land as a condition precedent to the granting of
said permission to COVENANTOR to construct the decorative
sidewalk, install uplights and plant shade trees adjacent to 3361
S.W. 3rd Avenue.
NOW, THEREFORE, in consideration of the express grant by
:ITY of the right and license to allow the construction and
maintenance of the decorative sidewalk, uplignts, and shade trees
within the dedicated public right-of-way adjacent to 3361 S.W.
3rd Avenue, and in further consideration of tnese premises,
COVENANTOR does hereby covenant and agree with CITY as follows:
(1) Tne foregoing recitals are true and correct and are
made a part hereof.
► 86. 92
(2) In the event COVENANTOR, its heirs, successors, or assigns,
fails in the sole discretion of the Director of the Department of
Public Works, to properly maintain the decorative sidewalk, uplights,
or trees, so that they become a hazard to the health, welfare and
safety of the general public, CITY shall give COVENANTOR written
notice of such failure via certified mail, returned receipt requested,
with copies to any mortgagee who has given written notice of its lien
to the City of Miami. COVENANTOR shall, within ten (10) days from
receipt of such notice, either (i) restore the decorative sidewalk,
uplights, and/or trees to a safe condition satisfactory to CITY or
(ii) remove the decorative sidewalk, uplights, and/or trees and
restore the right-of-way to CITY standards.
(3) In the event COVENANTOR, its heirs, successors, or assigns,
fails to either restore the decorative sidewalk, uplights, and/or
trees to a safe condition satisfactory to CITY or remove the
decorative sidewalk, uplights, and/or trees and restore the right-of-
way within the specified time, as set forth in Paragraph (2), CITY
may contract for such restoration or removal, and the amount of such
restoration or removal costs shall be declared and established as a
lien against the property heretofore described and enforced as any
lien provided for under the Statutes of the State of Florida.
(4) COVENANTOR further covenants and agrees that all recourse
against CITY is hereby expressly waived as to any damage caused,
consequential or otherwise, to any portion, in whole or in part, of
the remainder of the COVENANTOR'S improvements, resulting from the
i
removal of the decorative sidewalk, uplights, and/or trees, from the
dedicated public right-of-way.
(5) COVENANTOR shall indemnify, defend, and hold harmless CITY
--om any claims, demands, liabilities, losses or causes of action of
..1y nature whatsoever arising out of the construction, maintenance
a
and/or removal of the decorative sidewalk, uplights, and/or trees,
and from and against any orders, judgements or decrees which may be
entered and from and against all costs, attorney's fees, expenses
and liabilities incurred in the defense of such claim, or in the
investigation thereof.
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(6) COVENANTOR snall indemnify, defend and save CITY
harmless from and against any and all claims, liabilities, losses
and causes of action, which may arise out of COVENANTOR'S
activities under this COVENANT, including all other acts or
omissions to act on the part of COVENANTOR or any person acting
for or on COVENANTOR'S behalf, and from and against any orders,
judgments or decrees which may be entered and from and against
all defense of any such claims or in the investigation thereof.
(7) COVENANTOR shall carry a Comprenensive general
Liability policy of insurance of at least $1,000,000 combined
single limit for bodily injury and property damage. The products
and Completed Operations, Contractual Liability coverage and
Explosion, Collapse and Underground Liability coverage shall be
included under said policy. The insurance policy shall be
procured and premiums paid by COVENANTOR. The effective date of
the policy shall be the effective date of this Covenant, and the
policy term or any renewals thereof shall remain in effect for
the term of the Covenant.
The insurance carrier for the policy must show reasonable
financial strength and must be approved by CITY. CITY shall be
named as Additional Insured under the policy. Proof of insurance
shall be supplied to the satisfaction of CITY prior to the
issuance of any permits. A Certificate of Insurance bearing City
as Additional Insured shall in no way relieve COVENANTOR of the
obligation to add CITY as Additional Insured to the actual
insurance policy. The insurance policy shall provide that CITY
be given at least thirty (30) days advance written notice of any
material changes, cancellation or non -renewal notification of any
policies, and in event of such material change, cancellation, or
non -renewal notification, COVENANTOR shall immediately replace
said policy with another policy to the satisfaction of CITY with
the receipt of a certificate of insurance for such policy by CITY
at least ten (10) days prior to the effective date or the
termination.
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(6) COVENANTOR shall indemnify, defend and save CITY
harmless from and against any and all claims, liabilities, losses
and causes of action, whicn may arise out of COVENANTOR'S
activities under this COVENANT, including all other acts or
omissions to act on the part of COVENANTOR or any person acting
for or on COVENANTOR'S behalf, and from and against any orders,
judgments or decrees which may be entered and from and against
all defense of any such claims or in the investigation thereof.
(7) COVENANTOR shall carry a Comprenensive general
Liability policy of insurance of at least $1,000,000 combined
single limit for bodily injury and property damage. The products
and Completed Operations, Contractual Liability coverage and
Explosion, Collapse and Underground Liability coverage shall be
included under said policy. The insurance policy shall be
procured and premiums paid by COVENANTOR. The effective date of
the policy shall be the effective date of this Covenant, and the
policy term or any renewals thereof shall remain in effect for
the term of the Covenant.
The insurance carrier for the policy must show reasonable
financial strength and must be approved by CITY. CITY shall be
named as Additional Insured under the policy. Proof of insurance
shall be supplied to the satisfaction of CITY prior to the
issuance of any permits. A Certificate of Insurance bearing City
as Additional Insured shall in no way relieve COVENANTOR of the
obligation to add CITY as Additional Insured to the actual
insurance policy. The insurance policy shall provide that CITY
be given at least thirty ( 30 ) days advance written notice of any
material changes, cancellation or non -renewal notification of any
policies, and in event of such material cnange, cancellation, or
non -renewal notification, COVENANTOR shall immediately replace
said policy with another policy to the satisfaction of CITY with
the receipt of a certificate of insurance for such policy by CITY
at least ten (10) days prior to the effective date of the
termination.
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In the event that CITY is not in possession of same by such date,
then CITY shall have the right to immediately secure a similar
insurance policy in its name with the total cost of the premium
and all that may become due during the term of the Covenant being
charged to COVENANTOR. COVENANTOR agrees to increase from time
to time the limits of the Comprehensive Liability insurance
i
policy required to be provided pursuant to this Covenant, upon
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the reasonable written request of CITY.
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(8) It is expressly understood and agreed that this
instrument shall be binding upon COVENANTOR and also heirs,
successors in interest- or assigns of COVENANTOR, and shall be a
condition implied in any conveyance or other instrument affecting
the title to the aforesaid property or any portion thereof.
(9) Any notice, request, demand, approval or consent given
or required to be given under this Covenant shall be in writing
and shall be deemed as having been given when mailed by United
States registered or certified mail (return receipt requested),
postage prepaid, to the other parties at the addresses stated
i
below or at the last changed address given by the party to be
notified as hereinafter specified:
COVENANTOR: BEBER-SILVERSTEIN & PARTNERS ADVERTISING, INC.
i
c/o Joyce Beber
3361 S.W. Third Avenue
Miami, Florida 33145
CITY: CITY MANAGER
THE CITY OF MIAMI
P. 0. Box 330708
Miami, Florida 33128
and
DIRECTOR OF PUBLIC WORKS
THE CITY OF MIAMI
275 N.W. Second Street
Miami, Florida 33128
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1186-�
IN WITNESS WHEREOF, COVENANTOR has caused these presents to
be executed and signed in its name by its general partners the
day and year first above set forth.
BEBER SILVERSTEIN & PARTNERS
GENERAL PARTNERS
Witness to Both Signatures
By:
Joyce Beber
General Partner
Witness Print Name & Address
By.
Witness to Both Signatures Charles Beber
General Partner
Witness Print Name & Address
s
By:
Elaine Silverstein
i General Partner
Witness to Both Signatures
By:
M. Madorsky
General Partner
Witness Print Name & Address
Witness to Both Signatures
Witness Print Name & Address
STATE OF ) SS
COUNTY OF )
I HEREBY CERTIFY that on this day of A.D., 1985,
person4ily appeared Joyce Beber and Elaine Silverstein general
partners of Beber-Silverstein & Partners, a General Partnership
under the laws of the State of Florida, to me known to be the
persons who signed• the foregoing instrument and acknowledged the
execution thereof to be the free act and deed as such partners
for the purpose therein described.
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WITNESS my hand and official seal this day of
. 1986.
Notary Public
State of Florida
My Commission Expires:
Approved As to Form and
Correctness:
LUCIA A. DOUGHERTY DONALD W. CATHER,
City Attorney Director
Dept. of Public Works
Approved As to Insurance
Requirements:
Division of Risk Management