Loading...
HomeMy WebLinkAboutR-83-1046J-33-839 JK A RESOLUTION NO. f J3-104 i A RESOLUTION ACCEPTING FROM WOMETCO ENTERPRISES, INC., A COVENANT TO RUN WITH THE LAND RELATING TO THE INSTALLA- TION OF A COMPUTER DUCT BANK WITHIN THE DEDICATED PUBLIC RIGHT-OF-WAY OF NZW 4 STREET AND DIRECTING THE PROPER OFFICIALS TO RECORD SAID COVENANT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, WOMETCO ENTERPRISES, INC., owns the property at 306 and 400 North Miami Avenue; and WHEREAS, said owner has requested from the City of Miami permission to install a computer duct under and across the dedicated public right-of-way of N.W. 4 Street approximately 118 feet more or less west of the City of Miami Monument Line in North Miami Avenue; and WHEREAS, the Owner has asked the City for permission to install a computer duct bank at this time and in consideration for the fore- bearance of the City, said Owner has executed a Covenant To Run With The Land under which they agree to remove at their own expense said installation upon thirty (30) days written notice from the Director of the Department of Public Works; and WHEREAS, the Department of Public Works has investigated the aforementioned proposed installation and the Covenant To Run With The Land and recommends that the Covenant be accepted by the City of Miami and filed in the Public Records of Dade County, Florida: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Covenant To Run With The Land dated September 20, 1983, by and between WOMETCO ENTERPRISES, INC., and the CITY OF MIAMI relating to the installation of a computer duct bank within the dedicated public right-of-way of N.W. 4 Street be and the same is hereby accepted. CITY C014MISSION IAEETirJga OF ,� o v 16 1983 kE,o.J,..: , 63-10 ti Section 2. The recording of the above Covenant in the Public Records of Dade County, Florida is hereby approved and authorized. PASSED AND ADOPTED this 1601 day of November 1983. ATTEST: RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY MAM maurice A. Ferre MAURICE A. FERRE M A Y O R APPROVED AS TO FORM AND CORRECTNESS: - A V.&A '04 ' .— OSE R. GARCIA-PEDROSA CITY ATTORNEY 83-r1046 OF 75 to' CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 70 Howard V . Gary DATE September 26, 198-3EE City Manager FROM Donald W. Cather Director of Public Works SUBjE�- Resolution Accepting Covenant From Wometco Enterprises Inc. For a Computer Duct Bank REFERENCES Across N.W. 4 Street (For Commission :Meeting of ENCLOSURES October 13, 1983) Resolution and Covenant The Department of Public Works recommends adoption of a Resolution accepting A Covenant To Run With The Land from Wometco Enterprises Inc. relating to the install- ation of a Computer Duct Bank within the dedicated Public Right-of-way of N.W. 4 Street and directing the proper officials to record said Covenant in the Public Records of Dade County, Florida. Wometco Enterprises Inc. is the owner of the property at 306 and 400 North Miami Avenue. They have requested from the City of Miami permission to install a Computer Duct Bank under and across the dedicated Public Right-of-way of N.W. 4 Street approximately 118 feet, more or less, west of the City of Miami monument line in North Miami Avenue. Since no real problem exists because of the installation of the proposed Duct Bank the Department of Public Works finds no good reason for not allowing the proposed Duct Bank to be installed at this time. The Owner has therefore asked the City for permission to install a Computer Duct Bank at this time and has. executed a Covenant To Run With The Land under which they agree to remove it at their own expense upon thirty (30) days written notice from the Director of Public Works. This Covenant appears to adequately protect the City and the Public. W. 83-1046 ez:3:i r ti 011 LOCATION: 400 N. Miami Avenue 306 N. Miami Avenue op COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this,2.�J day of ,,Eoa7, A. D., 1983, by and between WOMETCO ENTERPRISES, INC., a Florida corp., party of the first part and hereinafter called OWNER, and the CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, party of the second part, hereinafter called CITY: WITNESSETH: THAT WHEREAS, WOMETCO ENTERPRISES, INC., a Florida Corporation, is the fee owner of the following described parcel of land, to wit: Lots 1, 2 and 3, inclusive, and Lots 21, 22, 23 and 24, inclusive, Block 77N, and Lots 1 thru 7, inclusive, and Lots 16 thru 22, inclusive, and the north 25 feet of Lots 23 and 24, all in Block 86N, A.L. KNOWLTON MAP OF MIAMI, according to the plat thereof, as recorded in Plat Book B, Page 41, of the Public Records of Dade County, Florida. WHEREAS, OWNER has requested from the CITY a permit to construct, operate and maintain a data, signal and security cables conduit installation under and across the dedicated public right-of-way of N.W. 4th Street, approximately 118 feet, more or less, west of the City of Miami Monument Line in North Miami Avenue, all hereinafter referred to as "DUCT BANK." WHEREAS, CITY has requested the OWNER to execute and deliver to CITY this instrument as a condition precedent to the granting of a permit. NOW, THEREFORE, in consideration of the agreements and benefits which will accrue the OWNER from the construction, operation and maintenance of said "DUCT BANK", through, across, along and under the surface of a certain street in the City of Miami as hereinafter designated, the OWNER, which term includes its successors in interest and/or assigns, does hereby covenant and agree with the CITY as follows: 1. After a permit has been issued by the CITY, the OWNER will cause to be constructed or installed a "DUCT BANK" under the surface and/or along .the following specified route: Under and. across the dedicated public right-of-way of N.W. 4th Street approximately 118 feet, more or less, west of the City of Miami Monument Line in North Miami Avenue as shown and described by the plans entitled Wometco Enterprises -Data, Signal and Security Cables Conduit Installation. 2. The OWNER shall submit to the Department of Public Works plans and specifications for approval prior to the construction of said "DUCT BANK" and a complete set of "AS BUILT" 63-1046 -2- plans after construction of this "DUCT BANK" has been completed, said plans and specifications to be prepared by a professional engineer registered in the State of Florida; and 3. The OWNER shall submit to the Department of Public Works certified survey notes of initial staking and final measurements to be done by a land surveyor registered in the State of Florida, said certified survey notes shall show sufficient ties with the various survey points established by the CITY to enable the said "DUCT BANK" to be accurately located in plan, and to show ground elevation, and also show the elevation of the top of the "DUCT BANK" at each change of vertical direction, and the elevation and location of all existing underground utilities uncovered during the construction of said "DUCT BANK"; and 4. The OWNER shall assume all responsibility, hold the CITY harmless forever and agree to pay for any damage or claim of damage which may be against the CITY which results directly or indirectly from the construction, operation, maintenance, repair and/or removal of said "DUCT BANK" or any part thereof, and in the event of damage to the "DUCT BANK" requiring the making of repairs from any cause whatsoever during the life of this Covenant, the OWNER shall cause such repair to be,made forthwith, whether in any way responsible for the damage or not. 5. The 04JNER shall operate and maintain said "DUCT BANK" in a manner that prevents it from being or becoming a nuisance or detrimental to public health and safety or injurious to adjacent property, public or private, and install and pay for such -other - controlling devices as might be required by the Department of Public - Works of the CITY; and 6. The OWNER shall restore the surface to its original condition insofar as practical in the opinion of the CITY'S Director of the Department of Public Works, and to furnish the CITY with a maintenance bond having an effective date coinciding with the effective date of this Covenant, in the amount of $1,000 to guarantee the maintenance and repair of any faults or excessively settled or sunken areas that may develop in any area above or adjacent to the trench of said "DUCT BANK" to the satisfaction of the Deparetment of Public Works, said bond shall continue to remain in effect until two years have expired following the satisfactory completion of the described "DUCT BANK." In the event the OWNER elects to furnish the CITY with a Cashier's Check in the he amount in lieu of said bond, the CITY shall accept same except that said Cashier's Check shall be non -assignable; and 7. In an emergency when OWNER or his representative is immediately unavailable and/or unable to provide the necessary immediate repairs to a ruptured or malfunctioning "DUCT BANK" heretofore installed by OWNER or to any faults or excessively settled or sunken areas that may develop in any area over, around or adjacent to the said - "DUCT BANK", the CITY, when apprised of such an emergency, shall have the right to make the necessry repairs with the total cost of same being charged to OWNER. It shall be the responsibility of the present and all future OWNERS to immediately notify by written notice, the City of Miami Department of Public Works, P. 0. Box 330708, Coconut Grove Station, Miami, Florida 33233-0708, of the name, address and phone number of a representative (and any replacement thereof) with whom contact might be made in any event of such emergency; and 8. The OWNER shall relocate, remove, extend or abandon at its own cost and expense said "DUCT BANK" when and if the Director of the Department of Public Works determines that this is necessary or advisable, and in the event that such a contingency occurs and the OWNER shall fail to cause the aforementioned removal, extension 63-1046 r MkIc or abandonment within 10 days after the mailing of the written notice from said Director to the OWNER, then the City Manager of the CITY OF MIA14I shall act as agent of OWNER, which agency is hereby specifically created, and said City Manager shall cause the aforesaid removal, extension or abandonment of said "DUCT BANK," and the total cost and expense, therefore, shall be charged to OWNER; and 9. The OWNER shall obtain from all other governmental agencies the required and necessary permits and approval for the construction and connections of said "DUCT BANK"; and 10. The OWNER shall indemnify, defend and save the CITY harmless from and against any and all claims, liabilities, losses and causes of action, which may arise out of OWNER'S activities under this covenant, including all other acts or omissions to act on the part of the OWNER or any of them, including any person acting for or on his or their behalf, and from and against any orders, judgments or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims or in the investigation thereof. The OWNER shall carry a Comprehensive General Liability policy of at least 31,000,000 combined single limit for bodily injury and property damage. The Products and Completed Operations, and Contractual Liability coverage shall be included under said policy. The Explosion, Collapse, and Underground Liability coverage may be exluded if no such exposure exists. This insurance policy shall be procured and premiums paid by the OWNER; the effective date of the policy shall be the effective date of this Covenant, and the policy term shall extend for the life of the Covenant. The insurance - carrier for the policy must be rated no less than "A" as to - management and no less than Class X as to strength by the latest edition of Best's Insurance Guide. The CITY shall be named as Additional Insured under the policy. Proof of insurance shall be supplied to the satisfaction of the CITY. A Certificate of Insurance bearing the CitY as Additional Insured, shall in no way relieve the OWNER of the obligation to add the CITY as Additional Insured to the actual insurance policy. The insurance policy shall provide that the 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, the OWNER shall immediately replace said policy with another policy .to the satisfaction of the CITY with the receipt of such policy by.the CITY at least ten (10) days prior to the effective date of the termination. In the event that the CITY is not in possession of same by such date, then the 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 life of the Covenant being charged to OWNER. 11. The OWNER agrees that the right to use the CITY'S street herein designated for the construction, operation and maintenance of said "DUCT BANK" shall not be assignable, in whole or in part, without the written consent and approval of the CITY'S Director of the Department of Public Works. 12. The OWNER reserves the right, should the occasion arise, to apply for a permit, in the future, to remove its "DUCT BANK" and restore the CITY'S street to its original condition in conformance to city standards and specifications, in which case the City shall execute a release of Covenant whereby the OWNER shall be relieved of all of its obligations hereunder. It is expressly agreed that this instrument and obligation shall be binding on the OWNER, its successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to said property or any part thereof. 83-1046 -4- IN WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its proper officers, and its corporate seal to be affixed hereto and attested to by its Secretary, the day and year first above set forth. Signed, Sealed and Delivered in the Presence of: Witness to ` 71. 1C-7 Signatures Witness to both Signatures STATE OF FLORIDA) COUNTY OF DADE WOMETCO ENTERPRISES, INC.,; Florida corporation By Van Myers, E�esident Attest: Bruce Irving, Secretary I HEREBY CERTIFY that on this � y of -A.D., - 1983, before me personally appeared VAIN M ERS ancr J. RUCE IRVING, President and Secretary, respectively, of WOMETCO ENTERPRISES, INC., a corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporatin. .....,,:,�•,' - otary Public, State o£; Florida at Large 0'e= " My Commission expires: V�.__ pL MY CC mmiaa "_Eok•"FJW.* 2% 19984 APPROVED AS TO FORM AND CORRECTNESS% V ► w City Attrorney, Jose R. Garcia -Pedrosa APPROVED: Di 4or5 Public Works This Instrument Prepared By Department of Law City of Miami, Florida This Instrument is accepted pursuant To Resolution No. Passed and Adopted I%- - - - 8 —10 46