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HomeMy WebLinkAboutR-82-0698l� RESOLUTION ITO. SZ--603 A RESOLUTION ACCEPTING FROM BRICITLL PLACE PHASE II ASSOCIATION INCORPORATED A COVENANT TO RUN WITH THE, LAND RELATING TO NAME AND ADDRESS SIGN WITHIN THE DEDICATED PUBLIC SLRVICL ROAD AREA OF DRICKLLL AVENUE AND DIRLCTING THE PROPER OFFICIALS TO RLCORD SAID COVL•NANT IN THE PUBLIC RECORDS OF FADE COUNTY, FLORIDA. WHEREAS, LRICKELL PLACL PHASL II ASSOCIATION INCORPORATED owns the property at 1915 - 25 Brickell Avenue and has constructed thereon a condominium building; and WHEREAS, said ou-ner has installed name and address signs within the dedicated public service road area of Erickell. Avenue; and WHEREAS, the ChNner has asked to be relieved from hws 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 he agrees to remove at his own expense said installation and encroachment upon thirty (30) days written notice from the Director of the Department of Public Works; and MIEREAS, 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 Pliami and filed in the Public Records of Dade County, Florida; NOW, ThEREFORE, BL IT RESOLVED LY THE CO17-ISSION OF THE CITY OF HIAMBI , FLORIDA: Section 1. That the Covenant To Run Vith The Land dated April 21, 1982 by and between BRICKELL PLACE PEASE II ASSOCIATION INCORPORATED and the City of Miami relating to the installation of name and address signs within the dedicated public service road area of Brickell Avenue, be and the same is hereby accepted. Page 1 of 2 CITY COMMISSION MEETING OF J U L 2 2 1982 4 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 22nd day of July , 1982. ATTEST: City Clerk PREPARED AND APPROVED BY: Maurice A. Ferre 14AYOR APPRGVED AS TO FORM AND CORRECT14ESS : -F Terry V. Percy Deputy City George F. Knox, Jr., City Att ey Attorney Page 2 of 2 r I 1915-1925 Brickell Avenue THIS Ci:1iC.i::uiT, mada and _ntnre,L intc `_hi:; �� � daV of A.D. , 1982 , by and bet:•:een BRICKELL PLACE PHASE II ASSOCIATION INC. parts of the first part, hereinafter called COVENANTOR, and The Citv of Miami, Florida, a municipal corporation of the State of Florida, in the County of Cade, party of the second part, hereinafter called CITY; and %-HFREAs, BRICKELL PLACE PHASE II ASSOCIATION, INC. is the fee owner of Tract "A", Brickell Place accc=di ng c, :. he T'lat _` ercoi . 13 =sac-- `ec in ! `at: 'co`' 113 a. 95 t:- Records of Dade CcunLv, Flor;.uJa. i:ersinafter c3lie^_ and WHEREAS, COVENA:r.v� has reaueSL96 C::7_ :.or ^.e_=T3.sslon to construct tw building name signs and two address signs along the Easterly side of Brickell Avenue, all hereinafter referred to as "structures", all being within the 70 foot dedicated public right-of-way as per. Plat of Brickell Place as recorded in Plat Book 113 at Page 95 of the official records of Dade County, Florida. .q,;ZR EAS, C:T'. has regL'eszed the C.CV. N.z..ii_'C ?, to ex ltand delver to C:T t: 15 4 .C.. cc L raced n � r� 1 C 1nS%ru:...ri% 3 a •^.Cl..iC21 7_ .. e L tC th C_ ri�.�.^:C Oi $a1C Ce2:.113..2Ci:. NOW, THEEEFORE, in ccnsid=_rati.cn of the permissicn b.: CITY to allow the construction and maintenance of the above aforementioned structures, and in further consideration of the premises, COVM=R does hereby covenant and agree with CITY that COVENANIOR shall, at no cost to CITY, rettnve the aforementioned structures whenever requested by, and upon thirty (30) days written notice from the Director of the Department of Public Works of CITY. said "structures" In the event that COVENI.70P shall fail to rerrove when so requested, then the City Manager of CITY, shall act as agent of COVr;;A:�iOR, which agency is herebv specifically created, and said City 'Manacer shall cause the aforer:.entioned"Structures" to be removed at the exrense of the CCVE:Ii'.?;TOR and the amount of such re -oval cost s a_1 be de:la-a:! and =stabl`__ : 4 as a _ien on the nrocarty of such default_ na CC:'L:Iat.TOR and er.fcrcad as an lien for materials furnished and work and labor done, provided under t::e Statutas of "he State of Florida, and that COVEX.Ia".OR covenants and agrees that all recourse against CITY is hereby expressly waived as to any danage caused, consequential or other rise, any portion, in whole or in part, of the remainder of COVEN;UiTOR' S improvements, resulting frcm the removal of the aforesaid "Structures" from said 70 foot Public Right-of-way COVE IA*NTOR does 'hereby covenant to indemnify, defend, save and hold harmless CITY from any claims, demands or liabilities of anv nature whatsoever arising cut of or because of this in.,trurient. CCVEN,UITOR shall hold CITY harmless from any liability established by la-., 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 CCVEItiANTOR shall carry a general come-rehensive liability insurance policy, in the amount of $1,000,000.00 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 cover- a affording Prot=cticn to CITY, l `' � � �d to the satis`act3-cr, of CITY. 3 g _ _Z Y, .,half .,c. pze:ld�. Said insurance shall p_cvida that CITY he giv^n at least thirty (30) days advance written notice of any material changes, cancellation or non -renewal notificaticn of'any policies, and in event of such material change, cancellation or non -renewal notificaticn, the COVEN;UITOR, shall immediately replace said policy with another policy to the satis- faction of CITY with the receipt of such policy by CITY at least ten (10) days prior to the effect_- -~ gat i �` � ��, .rah. that my is e of _Lc. :oi. c•✓ term-4ni,.ion. In e further event that CI__ rot ir: pocsas_i :. :f Zama by -,uc:1 _attar ri_nte, Lhen CI_•: Zha:l have th a right to L':.r.,a- C111ta� a n:L,. _lar -nsuranc-: nn olict _ it n a1�:.9 ith the tct l cost of "ha p.rr_ :ii= Gnd .al. glace as •., ca n.e. L•a ., -r. f e raa ._.: ...e c uri..., c:.=_ _ifo of this c:ovei:ar.c bc:irg t0 CvVLi:ni:Ti•it, arc. CI.v shall have the rignt to :nc.L eSL3Dl_,Cn saire as a, llan on the descr4had -r r+ S F - .-� .;e o such cezault_rg CC'.T;:.?d.:7^_'GR and onfozced as any lion .rcvi^Mec ur. _ .fir -r e �tlr♦ the of Florida. r It is excressly understcod and agreed that this instr,;nent shall be binding upcn COVENANTOR and also heirs, successors in interest cr assigns cf COVE:IA*iTCR, and shall be a condition implied in ant,* conveyance or other .instr•.1r.ent affecting the title to the aforesaid prcpertY or any ncrtion thereof. III :•IIMNESS -F:ERECF, the CCV-E-TN IITCR 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. Sic_nec, Seaied =nc De:_ Berea ' -n h2 Pressncz or: ( ,Ii.••..ness to Seth Signal.uras R/G o j3E,,z-1v A- ,lF/1 A Z / L/ 7 .i J- 5 Lj -7 1 TP /Z tZ) rJ/ i fi1� / Witness Pr1rt Name & Address 1 I•titness o Both Signatures LL F%1d 01 D fA-00 S Witness Print ?.ame & Addr:cs STATE OF FLOR:CA COUNTY OF DADE BRICMIL PLACE PHASE II ASSOCIATION INC. Bv: CCR.PO":-ATE SE; L I HEREBY CERTIFY that on this ol,/•S day of �IAI A.D., 19 82 , befcre -e personally ap_eared Herman Graziani, president and Sheldon Rosenthal, secretary of BRICKELL PLACE PHASE II ASSOCIATION INC. a cc c_=tic:: --der the laws of the State of Flcrida, to me known to he the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their free act and deed as :,sch officers for the uses and purposes therein mentioned and that they affixed- thereto the official seal of said corporation, and that the said instrwment is the act and deed of said corporation. wITP.ESS my hand and official seal at Miami, County of Dade, and State of Florida, the day and year last aforesaid. NOTARY PUBLIC STATE CG FLCRIDA MY COMMISSI V^4 r'I:,$ J,',:: 6 i v 36 @OND'-D THDII I•fy Ccrrinission E::aires: Notary Public, State? of FloridV at Large APPROVED S TO FOIRM AND CO&RECTNESS : APPROVED: 4L -rtl_.':" ear V)gtVTi City At orney Department of Public Works THIS IrNSTRUt•IENT DpEEPT;. rCfJ BY ERR Depart.mert of Law City of Miami, Florida -2- i IERTIFICATE ® ALLSTATE INSURANCE COMPANY O ALLSTATE INDEMNITY COMPANY Name and Address of Party to Whom this +Cortificate Is Issued City of Miami Dept. of Public Works 275 N.W. 2nd Street Miami FL 33128 OF IH RANL H&E OFFICE—NORTHBROOK, ILLINOIS I•' Name and Address of Insured Attn: f Walter K. Brown INSURANCE IN FORCE Brickell Place Phase Inc. c/o Managers Office 1915 Brickell Avenue Miami, FL 33129 II Association, TYPE OF INSURANCE AND HAZARDS POLICY FORMS LIMITS OF LIABILITY POLICY NUMBER EXPIRATION DATE Workmen's Compensation STATUTORY Employers' Liability STANDARD $ PER ACCIDENT (Employer's Liability only) *Applies only in following state(s): Automobile Liability BASIC Bodily Injury Each Property Damage OWNED ONLY PERSON i $ ACCIDENT $ NON -OWNED ONLY COMPRE- HENSIVE HIRED ONLY GARAGE OCCURRENCE I $ Bodily Injury and Property Damage (Single Limit) OWNED, NON -OWNED $ EACH ACCIDENT AND HIRED $ EACH OCCURRENCE General Liability SCHEDULE Bodily Injury Property Damage a PREMISES—O.L&T. $ EACH PERSON i EACH ACCIDENT $ ® OPERATIONS—M.&C. Escalator EACH © mm x � COMPRE- $ OCCURRENCE $ 0 HENSIVE AGGREG. PROD. PRODUCTS/ $ COMP. OPTNS. $ COMPLETED OPERATIONS AGGREGATE 0 PROTECTIVE (Inde- SPECIAL QILT(-PERIL OPERATIONS i pendent Contractors) AGGREGATE 11 Endorsed to cover PROTECTIVE $ contract between AGGREGATE Insured and CONTRACTUAL $ Bodily Injury and Property Damage (Single Limit) $ EACH ACCIDENT $ 500,000 EACH OCCURRENCE $ 500,000 AGGREGATE 49 458A450 BP 3-1-82 3-1-83 dated 30 days advance no ice will be given in event of cancellation or mat rial change on the policy to the City of Miami, Finance Dept., Risk Management Division 275 N.W. 2nd Street, Miami, FL 33128. The policies identified above by number are in force on the date indicated below. With respect to a number entered under policy number• the type of insurance shown at its left is in force. but only with respect to such of the hazards, and under such policy forms, for which an '•X" is entered, subject, however, to all the terms of the policy having reference thereto. The limits of liability for such insurance are only as shown above. This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor alters the coverage atforded by the policy or policies numbered urthis Certificate. In the event of reduction of coverage or cancellation of said policies, the company indicated by O will make all reasonabl effo to send notice of such redu®RDr ' cancellation to the certificate holder at the address shown above. C►Iv 6 v t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT N T F E FR)LDER. Date 5`4 is 82 By u+•+:. Whwled Aepl Mauve IT=" Howard V. Gary City Manager i Donald W. Cather Dime or of :�ublic,_W, June 24, 1982 .,LG Resolution Accepting Covenant for Sign Installation and Encroachment in Brickell Avenue Service Road rks (For Commission Meeting of July 22, 1982) Resolution and Covenant The Department of Public Works recommends adoption of a Resolution accepting a Covenant To Run With The Land from BRICIMLL PLACE PHASE II ASSOCIATION INCORP0RATI0N relating to the installation of a name and address sign and encroachment within the dedicated Public Service Road Area of Brickell Avenue and directing the proper officials to record said Covenant in the Public Records of Dade County, Florida. BRICKELL PLACE PHASE II ASSOCIATION INCORPORATION is the representative for the condominium owners at 1915 - 25 Brickell Avenue. They have constructed a condominium at this location and have installed name and address signs within the dedicated Public Service Road Area of Brickell Avenue. Since no real problem exists because of the installation and encroachment, the Department of Public 1,1orks finds no good reason for requiring that the encroachment be removed at this time, j The Owner has therefore asked the City to be relieved of his obligation to correct the encroachment at this time and has executed a Covenant To Run With The Land under which he agrees to remove it at his 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. RE: es b