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Home My WebLink AboutR-79-0539RESOLUTION NO. 7 9- 5 3 1) A RESOLUTION' AUTHORIZING THE ACCEPTANCE OF A COVENANT TO RUN WITH THE LAND FROM S. 0. TEXTILE, INC., RELATING TO UNDERGROUND INSTALLATIONS PUBLIC ALLEY, A COPY OF SAID COVENANT IS ATTACHED, HERETO AND MADE A PART HEREOF; AND DIRECTING THE PROPERTY MANAGER OF THE CITY OF MIAMI TO RECORD SAID COVENANT WHEN PROPERLY EXECUTED, IN'THE'PUBLIC 'RECORDS OF DADE COUNTY, FLORIDA. Tw ■ O c r C -13 Oi-n33 r an addition to ( ni WHEREAS, the S0. Textile, Inc. plans to construct their building at 217 N.W. 25th Street, and hasrequested. the City to issue a permitto construct, install,;operate and maintain a six (6") inch storm water roof drain pipeline across and under the surface of` the public alley in Block 1, Northwest Second Avenue Commercial. Subdivision; and WHEREAS, S. 0. Textile, I Covenant To Run With The Land for the'City o made Miami (a copy Miami part hereof); and;. nc. will execute and deliver to the City a containing the usual guarantees and protection of said' Covenant is attached_ hereto and WHEREAS, the Department of Public Works has investigated therequest and recommends the issuance of the permit for the underground construction; NOW, THEREFORE; BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI , FLORIDA: Section 1. - ThattheAccepance=of.a Covenant To Run With The Land, from S. O. Textile, Inc., relating to underground construction adjacent to their property, be and the same is hereby authorized. Section 2. That the proper officials of the City of Miami be, and they are hereby authorized to issue the necessary permits for the under- ground construction referred to in said Covenant.' `'UUCUiYiE'y ITEM NO. rr CITY COMMISSION MEETING OF JUL2 31979 7 9- 5 3 arolIMON i,yr„Nr Section 3. That the Property Manager of the City o Miami be, and he is hereby directed to record the aforesaid Covenant to Run With the Land County, Florida when it is properly executed. PASSED AND ADOPTED this 23rd day of July City/ Clerk APPROVED AS TO `SUPPORTIVE DCUly` ENTS FOLLOW„ 1 Joseph`R. Grassie City Manager C:z:"( o, M1AML ;:t_OFtIDA INTER -OFFICE ,/1EMO Ai4DU.U,,M July 9, �1'97�u� 6 nU13JECT: Resolution Authorizing the Acceptance of a Covenant To Run With The Land R.5FERENCEB'Textile, Inc. cucLosuRess (For July 23rd, 1979 Commission Meeting)' The Department of Public Works recommends the adoption of the resolution authorizing the acceptance of a Covenant To Run With The Land from S. 0. Textile, Inc. relating to certain underground installations in a public alley, copy of which is attached hereto and made a part hereof; and directing the property manager of the City of Miami to record subject covenant in the Public Records of Dade County. S. 0. Textile, Inc. wishes to construct an addition to the building on its property at 217 N.W.> 25th Street, and request from the City a permit to construct, install, operate and maintain a six (6") inch storm waterproof drain pipe line across and under the surface of the public alley in Block 1, Northwest Second Avenue Commercial Subdivision. S. 0.' Textile, Inc. will execute and deliver to the City a Covenant To Run With The Land ,containing the usual guarantees and protection for the City of Miami.. 111111111111111111111111111111101111 • '• •, • • .• • 7 ..:.•±•; . P:4 HOLE • • rAVE..0 ALLEY .25?-" GT. • "SUPPORT' DOCUMEIJTS FOLLOW" NA/L. 0 /6.0— 40 GL •°OS': .-- 0.99' • 50' —4. •.. .57S! COS • • • ' 61-L-4!2. • ,50 31.12' .N• in • ZONING, ZONED S FRI BACKS, UNDERGVOU: AND RIGHT OF WA'. ABSTRACT TO BE VL CBTAINED BY tiv:r. :COVENANT TO RUN WITH THE LAND �..y„ COVENANT, made and entered into this day of A.D. 1979,,by and between S. 0.TEXTILE, INC., a corporation existing under the laws of the United States of America, and authorized to transact business in the State of Florida, 'whose principal place of business is 217 N.W. 25 Street Miami, Florida, party ofthe.`first:part and hereinafter called TEXTILE, 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, S. O.:TEXTILE, INC. is the fee owner of the following described parcel ofland, to wit: r ry-w!y JjLots: 28 thru 34, inclusive, Block 1, of NORTHWEST 4), SECOND AVENUE. COMMERCIAL SUBDIVISION, according to the plat thereof, as recorded in Plat Book 16, at ✓�.�� NI '4age- 9, of; ,the Public Records of Dade County, Florida; and FOLLOW!' WHEREAS TEXTILE'wishes:to construct an addition to their existingbuilding on this site and -have requested from the CITYs;' a permit toconstruct, install, operate and maintain a.=storm', water roof drain across and .under.. the Surface' :of- ;a'ten, (10') foot wide dedicated, public alley in Block 1:of.NORTHWEST SECOND AVENUE COMMERCIAL SUBDIVISION, as recorded in -Plat Book 16, at ,Page9,' of the Public F.ecords of Dade County, Florida, thereby connecting to a sockage pit on their' property to serve their building; and. WHEREAS,; TEXTILE does hereby covenant with:the CITY that it will construct, install, maintain =and operate said storm water roof drain -line -in such -a' manner that' they will not,be or become a nuisance nor detrimental to public'health, welfare and safety nor to injure any other -property. in the vicinity thereof. That prior, to the work being commenced: as authorized in this Covenant, TEXTILE will submit' to the -CITY detailed plans and specifications ofthe proposed construction that is to be placed within the said.public alley, as prepared by a professional engineer registered in the'State' Florida, and the approval of said plans shall be first .obtained. from the. Director of the Department of Public Works of:the!CIT;Y prior to said construction and shall obtain all necessarypermits TEXTILE will -submit to the Department of Public Works acompleteset-of°"As Built" plans after the construction and installation, of the storm water -roof drain line has been. completed in order-that;.they may be incorporated in the CITY'S underground records FURTHER, TEXTILE does hereby assume all responsibility and liability :for any damage or c1aim of' damage or cost arising from the construction', installation,, operation and maintenance of the, storm waterproof drain line;, and will hold the CITY harmless from any such damage or claim of damage, award, order, judgement or decreerendered against the:. CITY arising from or incident to the construction,.' installation,' maintenance, operation or existence of such storm water roof drainline' and defend any suit to which the CITY may be a party defendant. TEXTILE agrees to relocate, remove or otherwise abandon said storm water roof drain 'line at, its expense at any time the Director of the Department of *Public. Works Of -THE CITY OF MIAMI, or his successor -in duties, shall request that such storm water roof drain line be relocated,° removed or, otherwise abandoned, and to complete the work'`of relocating, removing or otherwise abandoning said storm water:roof-drain line within thirty (30) days after the Director of said Department of Public Works shall mail a request in writing for the relocating, removing or otherwise abandoning'to TEXTILE. 79-559 • In the event that TEXTILE shall not complete the relocati.ng, removing or otherwise abandoning, as the case may be, within •thirty (30) days after the request therefore shall have been mailed, as hereinabove provided, the City Manager of THE CITY OF MIAMI, ,or his successor in duties, as the agent of •TEXTILE (which agency for this purpose is hereby created arid irrevoca.bly established) shall proceed to procure such worlc to be done by •a competent party at the cost of TEXTILE who specifically agrees to pay the Cost thereof upon the presentation of a statement of cost by the, contractor or other i.ndi.vidual •or firm or corporation furnishing and performing any labor or material used for such purpose. A lien for the work done and for material furnished may be established and enforced as a lien under the Statutes •of the State of Florida for work done or material furnished under a contract entered into by an agent duly authorized for work and material' furnished to the property of his principal. . „ It is expressly agreed that this instrument and obligation \ shall be binding on TEXTILE, itssuccessors in interest and/or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title to said property or any part • thereof. IN WITNESS WHEREOF, TEXTILE has caused these presents to be executed and signed in its name by its proper ,officers, and, its corporate seal to be affixed hereto by its Secretary the day and year first above set forth. Signed, Sealed andDelivered 0 TEXTILE, INC. in the Presence of: SOL ORLINSKY, President SII)NEY ZIPPER, Secretary I HEREBY CERTIFY that on thls day of , A.D. 1979, before me personaily appeared SOL ORLINSKY and SIDNEY ZIPPER, President and Secretary, respectively, of S. 0. TEXTILE, INC., a corporation under the laws of the United States of America, and: authorized to transact business in the State of Florida, tome well known to be the persons who signed the foregoing instrument as such officers and severally to be their free act and acknowledgeddeed.asthe execution thereof such officers for the uses and purposes therein mentioned and thatthey affixed thereto the official seal of said corporation, and that the said instrument,.`. is the act and deed of said corporation. and My WITNESS my hand and"official seal at Miami, .County of State of Florida, the day and year last aforesaid. - Commission Expires: This Instrument Executed Pursuant to Resolution.'No.` Passed and Adopted APPROVED AS APPROVED Director 0 FORM AND CORRECTNESS "SUPPORTIVE DOCU MMM ENTS FOLLOW This Instrument Prepared By: Department of Public Works City of Miami,; Florida - 3 79.559