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HomeMy WebLinkAboutprevious covenantOLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 COVENANT THIS COVENANT, made and entered into this /7 day of d--frtA) 20a by City of Miami, a Florida Municipal Corporation, hereinafter designated as the "CITY", to Miami - Dade County, a political subdivision of the State of Florida, its successors and assigns, hereinafter designated as the "COUNTY"; WITNESSETH WHEREAS, the CITY is the fee owner of the real property legally described in Exhibit "A", attached hereto and made a part hereof, and WHEREAS, the CITY has requested a permit to construct, operate and maintain a private sanitary sewage pumping station including all the necessary pipes and appurtenances thereto to provide the CITY with sanitary sewer service and connection to a sewage force main owned by the COUNTY, and WHEREAS, the CITY intends to operate and maintain said temporary, private sanitary sewage pumping station in such a manner that sewage from the CITY'S property will be discharged into the COUNTY'S sewage system; NOW, THEREFORE, in consideration of the agreements and benefits which will accrue to the CITY from the construction, operation and maintenance of said temporary private sewage pumping station, the CITY, which term includes its successor in interest and/or assigns, does hereby covenant and agree with the COUNTY as follows: -1- OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 1. The CITY shall obtain from all governmental agencies the necessary permits and approvals for construction of the private sanitary sewage pumping station to be installed on the CITY'S property. 2. After a permit has been issued, the CITY will cause to be constructed or installed a temporary private sanitary sewage pumping station on the CITY'S property which shall at all times remain the sole, complete and exclusive property of the CITY and under the control and operation of the CITY, its successors and/or assigns. 3. The CITY shall operate and maintain said private sanitary sewage pumping station in an efficient manner and in complete compatibility with the COUNTY'S system and shall prevent said pumping station from being a nuisance or detrimental to public health or safety. The CITY shall make, at its sole expense, any reasonable changes or additions to keep pressures compatible with the COUNTY'S system. 4. The CITY shall disconnect its temporary, private sanitary sewage pumping station and reconnect its on -site sewer system to the COUNTY'S future sanitary sewer collection system when said collection system becomes available. The cost of this work shall be borne solely by the CITY. Further, the CITY agrees that it shall pay its proportionate share of the cost of construction of the future sanitary sewer collection system abutting the property herein described. -2- RAisml_rlmeta IA/molar and Cawar OLD VIRGINIA KEY BEACH PARK -RENOVATIONS & REPAIRS, PROJECT # B3282, ID# 17967 5. It is expressly agreed that this instrument and obligation shall be binding on the CITY, its successors in interest or assigns, and shall be a condition implied in any conveyance or other instrument affecting the title of said property or any part thereof. 6. This Covenant is being recorded in the Public Records of Dade County, Florida, for the particular purpose of placing all owners or occupants, their successors and assigns, upon notice of the provisions herein contained. The CITY shall pay all recording fees. This instrument prepared by: Clementine Sherman Utilities Development New Business Administrative Officer II Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 -3- ; O, sD VIRGINIA KEY BEACH PARK-RENOVATIONS&REPAIRS, PROJECT #B3282, ID#17967 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective official's thereunto duly authorized, this the day and year above written. ATTEST: Pricilla A. ompso 'City Clerk APPROVED AS ' . 'RM A CORREC i e110 Attorney STATE OF FLORIDA COUNTY OF MIAMI-DADE CITY OF MIAMI, a municipal corporation Arriola Manager APPROVED AS TO INSURANCE REQUIREMENTS Diane Ericson, Director Risk Management The for oing instrument was acknowledged before me this by OC/rrlofQ or an h f./hasn't { o• ced 11 day of L. , 2003 OR CITY'S Representative, who is personally known to me Print Name A proved for Sufficiency of Execution Only: Assistant Cou Attorne as identification and did/did not take an oath. Serial Number ,,.y;YP��a,, Gia D. Smith 44., ",: Commission iCC 925933 14% `4c Expires Bonded aiy23, 2004 Thnt r( t��Inc. Co,. ` Atlantic Bonding Co, Agreement for water and Sanitary Sewage Facilities between Miami -Dade County and City of Miami — Covenant (Old Virginia Key Beach Park -Renovations & Repairs, Project # B3282, ID#17967) 4