The URL can be used to link to this page

Home My WebLink AboutR-83-02274 0 J-83-169 rr RESOLUTION NO. F,3"- %� d A RESOLUTION ACCEPTING FROM POST-NEWSWEEK STATION FLORIDA INCORPORATED A COVENANT TO RUN WITH THE LAND AT 3900 BISCAYNE BOULEVARD RELATING TO THE INSTALLATION OF TWO FUEL TANKS THAT ENCROACH THE DEDICATED PUBLIC RIGHT-OF-WAY OF FEDERAL HIGHWAY AND DIRECTING THE PROPER OFFICIALS TO RECORD SAID COVENANT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS, POST-NEWSWEEK STATION FLORIDA INCORPORATED owns the property at 3900 Biscayne Boulevard; and WHEREAS, said owner has installed two fuel tanks within the dedicated public right-of-way of Federal Highway; and WHEREAS, the Owner has asked to be relieved from its obligation to correct this installation and encroachment at this time and in consideration of the forebearance of the City, said Owner has executed a Covenant To Run With The Land under which it agrees to remove at its own expense said installation and encroachment 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 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. The Covenant To Run With The Land at 3900 Biscayne Boulevard, dated November 16, 1982, by and between POST-NEWSWEEK STATION FLORIDA INCORPORATED and the CITY OF MIAMI, relating to the installation of two fuel tanks within the dedicated public right-of-way of Federal Highway is hereby accepted. CITY COMMISSION MEETING OF MAR 18 1983 RESOLU110A Nu. M �%V A, r 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 18 day of MARCH , 1983. MAURICE A. FERRE MAURICE A. FERRE M A Y 0 R ATTEST: LPH . ONGIE, CITY CLERK PREPARED AND APPROVED BY: lea4 If �t_ + l/t.4ve ROBERT F. CLERK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ' ti, A4--4. SE R. GARCIA-PEDROSA ITY ATTORNEY -2- r TO Howard V. Gary City Manager FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Donald W. Cather Director,_f._,PubQic Works DATE- March 2, 1983 FILE: Resolution Accepting Covenant SU°JECT for two Fuel Tanks that Encroach in the Dedicated Public R/W of Federal Highway REFERENCES! (For Commission Meeting of March 18, 1983) ENCLOSURES. Resolution and Covenant The Department of Public Works recommends adoption of a Resolution accepting a Covenant To Run With The Land from Post - Newsweek Station Florida, Inc. relating to the installation of two fuel tanks that encroach within the dedicated public right-of-way of Federal Highway and directing the proper officials to record said Covenant in the Public Records of Dade County, Florida. Post -Newsweek Station Florida, Inc. is the owner of the property at 3900 Biscayne Boulevard. They have installed two fuel tanks that encroach into the dedicated public right-of-way of Federal Highway. Since no real problem exists because of the installation and encroach- ment, the Department of Public Works finds no good reason for requiring that the encroachment to be removed at this time. The owner has, therefore, asked the City to be relieved of their obligation to correct the encroachment at this time and have 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. RB:rj 1 I h =1 Rd Z- 9VX E661 3319jo S,839nijnw A113 � _V" LOCATION: 3900 Biscayne Boulevard COVENANT Tb RUN WITH THE LAND THIS COVENANT, made and entered into this 16th day of November A.D., 1982 , by and between, POST-NEWSWEEK STATION FLORIDA INCORPORATED, party of the first part, hereinafter called COVENANTOR and The City of Miami, Florida, a municipal corpo- ration of the State of Florida, in the County of Dade, party of the second part, hereinafter called CITY; and WHEREAS, POST-NEWSWEEK STATION FLORIDA INCORPORATED is the fee owner of Tract A WLBW-TV STUDIO SITE according to the Plat thereof, as recorded in Plat Book 80, at Page 44, of the Public Records of Dade County, Florida, hereinafter called PREMISES; and WHEREAS, COVENANTOR has requested CITY for permission to allow to remain and maintain 2 existing 4,000 gallon underground fuel tanks, along the Easterly side of Federal Highway approximately 145?+ Northerly of N.E. 39 Street, all hereinafter referred to as "STRUCTURES" all being below grade and partially within the street right of way of Federal Highway. As per attached sketch and made a part hereof WHEREAS, CITY has requested the COVENANTOR to execute and deliver to CITY this instrument as a condition precedent to the granting of said permission. NOW, THEREFORE, in consideration of the permission by CITY to allow the above aforementioned below grade structures, to remain in the public right of way, and in further consideration of the premises, COVENANTOR does hereby covenant and agree with CITY that COVENANTOR shall, at no cost to CITY remove the aforementioned below grade structures whenever requested by, and upon thirty (30) days written notice from the Director of the Department, of Public Works of CITY. In the event that COVENANTOR 'shall fail to remove said below grade structures when so requested, then the City Manager of CITY, shall act as agent of COVENANTOR, which agency is hereby specifically created, and said City Manager shall cause the aforementioned to be removed at the expense of the COVENANTOR and the amount of such removal cost shall be declared and established as a lien on the property of such defaulting COVENANTOR and enforced as any Iien for materials furnished and work and labor done, provided under the Statutes of the State of Florida, and that COVENANTOR covenants and agrees that all recourse against CITY is hereby expressly waived as to any damage caused, consequential or otherwise, any portion, in whole or in part, of the remainder of COVENANTOR'S improvements, resulting from the removal of the aforesaid below grade structures from said street right of way. COVENANTOR does hereby covenant to indemnify, defend, save and hold harmless CITY from any claims, demands or liabilities of any nature whatsoever arising out of or because of this instrument. COVENANTOR shall hold CITY harmless from any liability established by law arising out of the granting of this COVENANT, and will defend or cause to be defended, any action brought against CITY in connection herewith; and the COVENANTOR shall carry a general comprehensive liability insurance policy, in the amount of ($1,000,000) per person per occurance. Said policy of insurance shall be procured by, and the premiums paid by, the COVENANTOR; its effective date shall be the effective date of this Covenant. A certificate of insurance bearing the name of The'City of Miami as the party insured, or other proof of insurance coverage affording protection to CITY, shall be provided to the satisfaction of CITY. Said insurance 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 changes, cancellation or non -renewal notification, the COVENANTOR shall immediately replace said policy with another policy to the satisfaction of CITY with the receipt of such:•• policy by CITY at least ten (JO) days prior to the effective date of such policy termination. In the further event that CITY is not in possession of same by such ,latter 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 those as may become due during the life of this Covenant being charged to COVENANTOR, and CITY shall have the right to declare and establish same as a lien on the described premises of 1 such defaulting COVENANTOR and enforced as any lien provided under the Statutes of the State of Florida, .J_ :�a.�•1.:T�rh.4+V•r•'•-�!r_�wrt•r.rw•a�..�+v+�w��-.r.�....�.�.� _. �. ..�..r�.�—��_ ��__._-..�_�_ .. . i 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 coveyance or other instrument affecting the title to the aforesaid property or any portion thereof. IN WITNESS WHEREOF, the COVENANTOR 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 sqt forth. Signed, Sealed and Delivered in the Presence of: Witness to Boih Signatures i ()Witness Print Name & Address t C `�Le Witness to Both Signatures POST NEWSWEEK STATION FLORIDA, INC. WALTER LISS vic.1r, pt�s ao�»t• ED PARKER Ws,Ac:t, mAjAvW M 3(K SCy .I �! ( �lI'!/7i� i, `� •53 �� CORPORATE SEAL Witness Print Name & Address STATE OF FLORIDA J COUNTY OF DADE J I HEREBY CERTIFY that on this / (0 day of-(c;c�p- -�-Q-� A.D.. 79 a2 before me personally appeared Walter Liss, Vice President and General Manager and Ed Parker, Business Manager of Post -Newsweek Station Florida Incorporated, 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 corporation. WITNESS my hand and official seal at Miami, County of Dade, and State of Florida, the day at{ ear last aforesaid. ROTARY. M311 C STATE OF FLORID ' 'MY r.0M A15::ON EXPIRES 5EPT 13 1984 IaOL4�iD INRU GENERAL INSURANCE UND 10 My Commission Expires: - APPROVED AS TO FORM AND CORRECTNESS: z .• City Attorney INSTRUMENT IS ACCEPTED PURSUANT TO RESOLUTION NO. PASSED AND ADOPTED ^1 T- C *t CLC Notar� Public, State of Florida at Large • APPROVED: Department of Public Works THIS I UMENT •i�R4 fl BY: r 0, 4.. City.of LLaw y o 2 ams , FZ orl Ida �z- f :3-wAw