HomeMy WebLinkAboutR-75-0621MRA
RESOLUTION NO S 2
A RESOLUTION ACCEPTING THE MAY 19 197S
COVENANT TO RUN WITH THE LAB EXECUTED BY
PE ERATRS DEPARTMENT STORES, /NCa RELATING
TO THE INSTALLATION 0? A GREASE TRAP RACILITY
UNDER THE SIDEWALK ABUTTING PREMISES AT NO 6 - S
WEST FLAGLER STREET, LEGALLY DESCRIBED AS
LOT 2, BLOCK 123N OP A L. KNOWLTON N (D-41)
AND DIRECTING THE PROPER OFFICIAL - OF THE MT?
OF MIAMI TO RECORD SAID INSTRUMENT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, Federated Department Stores, Inc., the
owner, has requested a permit from the City of Miami to install
a grease trap facility under the sidewalk abutting its proposed
restaurant at No. 8 West Flagler Street, legally described as Lot 2,
of Block 123N of A. L. KNOWLTON (B-41); and
.WHEREAS, this owner has executed and delivered
to the City of Miami a Covenant to Run with the Land containing
the usual warranties and guarantees for the protection of the
City of Miami; and
WHEREAS, it is now in order for the City Commission
to accept the aforesaid Covenant to Run with the Land and to have
it recorded 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 May 19, 1975 Covenant to Run with
the Land executed by Federated Department Stores, Inc. relating
to the installation of a grease trap facility under the sidewalk
abutting premises at No. 8 West Flagler Street, legally described
as Lot 2, Block 123N of A. L. KNOWLTON (8-41), be and the same is
hereby accepted.
CITY COMMISSION
MEETING OF
JUL 1,71975
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Section 2. +ihe proper official of the City 6f
Miami bet and he is hereby authori2ed and directed to record
the aforesaid Covenant to stun with the Land in the Public Moor da
of Dade County, P iorida.
PASSED AND OP ED this'? day of
1975.
H. D. Southern
CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON
Assistant City Attorney
APP OVED. S TO FORM AND CORRECTNESS:
HN S. LLOYD
C ty Attorney (�
2.
Maurice, A. Farre
MAYOR
JULY
36
rt,
tiff' tit- t AMi; i tokrbA
NIEN.OPCl> i!', mEM NANiI'lUM
1', W. Andrews tl t14a , 2:3 t'ci
City Manager
thom William ` . Parkes
Assistant Director
Department of Public Works
1
UAtE
eentra :
June 9, 1975 tiLt2 3 0..58
sut-t c 1 Resolution Accepting Covenant Th
Run With The Land from Federated
Department Stores, Inc.- Crease
Rtr-ERtcLS Trap Under Sidewalk at No;
West Plagler Street
ENCLOSURES
Federated Department Stores, Inc. has requested a permit from the
City of Miami to install a grease trap facility under the sidewalk
abutting its proposed restaurant at No. 8 West Flagler Street.
The Department of Public Works has investigated this request and can
find no reason why such a permit should be refused.
Federated Department Stores, Inc. has executed and delivered to the
City of Miami a Covenant To Run With The Land containing the usual
warranties and guaranties for the protection of the City of Miami.
It is now in order for the City Commission to accept the aforesaid
Covenant To Run With The Land and to have it recorded in the Public
Records of Dade County, Florida.
THE DEPARTMENT OF PUBLIC WORKS RECOMMENDS ADOPTION OF THE RESOLUTION
ACCEPTING THE MAY 19, 1975 COVENANT TO RUN WITH THE LAND EXECUTED BY
FEDERATED DEPARTMENT STORES, INC. RELATING TO THE INSTALLATION OF A
GREASE TRAP FACILITY UNDER THE SIDEWALK ABUTTING PREMISES AT NO. 8
WEST FLAGLER STREET, LEGALLY DESCRIBED AS LOT 2, OF BLOCK 123N OF
A. L. KNOWLTON (B-41); AND DIRECTING THE PROPER OFFICIAL OF THE CITY
OF,MIAMI TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
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COVENANT TO Ii J .J_ W i TIr THE: LAND)
THIS COVENANT, made and this day of %,' 21
�,-41
Aa l) 1 T b' �9ni between FED1::R1TED DEPARTMENT STORES,- . INC.,
//�� � � the
.('�'� . � ,,t` and � , : �1 I ! \Teary party
\l ' the first part hereinafter cai.1 c•d OWNER, and T l�.: CITY O1;
rlT :fll•i1, a municipal corporation of the State of Florida, in the County
of Dade, party of the second part, hereinafter called CITY
WITi, ESSF 'H
THAT WHEREAS, FEDERATED DEPLE?TI1ENT STORES, INC., is the fee
owner of the following described parcel of land, tow t
Lot 2, of Block 123N of A. L. Knowlton F/ril
Also known as No. 8 West Flagler Street,
Miami, Florida
WHEREAS, the OWNER has caused the restoration of the grade floor
of the aforesaid premises for use as a public restaurant, and has
requested from the CITY a permit to construct, operate and maintain
a temporary grease interceptor facility under the public sidewalk area
immediately adjacent to the north property line of said premises,
which description and location is more particularly shown on the
attached sketch entitled "DUG NO. SKP-1" as drawn by the firm of
Nova & Associates, Inc., Ft. I,auderdale, Florida., and by this reference
is made a part hereof, for the temporary containment and periodic
removal of, the cooking grease and other wastes emanating from the said
restaurant
WHEREAS, the OWNER will operate and maintain said grease interceptor
facility system in such a manner that the cooking grease and wastes
from said restaurant shall flow into said grease interceptor facility
and shall be trapped and contained in the saidgrease interceptor
facility and removed periodically as required.
NOW, THEREFORE, in consideration of the agreements and benefits which
will accrue the OTJiJER from the construction, operation and maintenance of
said grease interceptor facility under the surface of the aforesaid
public sidewalk 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 temporary grease interceptor facility
including the installation of necessary pipes and appurtenances under the
surface of said public sidewalk, and/or along the following specified
route:
From the aforesaid restaurant on OWNER'S property
entering under the surface of the public sidewalk
at a point 37±T south of the monument lane of West
Flagler Street and 9i±' West of the monument line
of Miami Avenue,
2. The OWNER shall assume all responsibility, hold the CITY harm-
less 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
grease interceptor facility system or any part; thereof, and in the
event of damage to the said system, requiring the making of repairs,
frc:; any cause whatsoever during the life: of this Covenant, the OWNER
shall cause such repair to be made f ort}.T.I:S yin, whether in any way
responsible for the damage or not; an'
05y
3. The OWNER shall operate and maintain said system in a tanner
that• prevents it from being; or becoming• ,a r!u.ance or detrimental to
rwhlic•health and safety or inti ur-ious to aci jacent• propert r•public or
private j and install and pay for such other controlling devices• as
Might be rcc;uired by the Departnerit of Public Works of t:he C1TY;• and
•Thy'• =i±.n shall restore the• aide -calk to its original.. condition,
insofar as practical in the •opinion of the CSTr S. n erector of the
Department of Public Works and to furnish the ''1` with a maim enance
bond having an effective date coincid.nl with the effective: date of this
Covenant, in the a1oi. nt of $ 1,000.00 to guar°ante''the iraintena_nce and
repair of any•faults• or• excessively se ticd or sunken areas that malt
develop in any area above or adjacent to the trench of said grease
•int crceptor facility system to the• satisfaction of the Department of •
Public Works, said bond shall continue to remain in effect until 2 years
have expired following the•sat:i :factory conpletion• of the described•
structure; and
5, In an emergency, when OWNER or his representative is immediately
unavailable and/or unable to provide the necessary, _immediate repairs or
maintenance to the said system 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 system, the CITY, when appraised
of such an emergency, shall have the right to make the necessary repairs
with the total cost of same being charged to OWNER, and the amount of
same shall be declared and established as a lien on the premises of such
defaulting OWNER and enforced as any lien for materials furnished and
work and labor done provided under the Statutes of the State of Florida..
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.O. Boa 330708, Coconut Grove Station, Miami, Florida
33133, of the name, address and phone number of a representative (and
any replacement thereof) with whom contact might be made in event of
such emergency; and
6. The OWNER shall relocate, remove, extend or abandon at its own
cost and expense said grease interceptor facility, 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
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
Miami_ 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 grease interceptor facility and the
total cost and expense therefore shall be charged to OWNER, and the
amount of same shall be declared and established as a lien on the
premises of such defaulting OWNER and enforced as lien for materials
furnished and work and labor done provided under the Statutes of the
Stale of Florida; and
7. No lien shall exist until notice thereof shall be filed in
the Office of the Clerk of the Circuit Court in and for Dade County,
Florida. The Manager or any Assistant Manager or the Director of the
Department of Public Works shall, upon request of the Owner, promptly
furnish to OWNER a statement showing the amount of the lien claimed by
the City.
_8. The OWNER shall obtain from all other governmental agencies
required and necessary permits and approval for the construction and
connections of said grease tntercepto° facility system; and
and
L. 1, e
9.. The OWNER Shall hold. the CITY i 5rmles; from any liability.. •
establ_iabed by law arising; out of the oa nt;in r Of this COVENANT, and .will.
defend or cause to be dc:'fended, any action brought against. the .IT`y in
connect icon 1 erew:ith; and the 0,1=JCr shalIocarry a general con:nrehensive
Li— b lity inaarance policy, which ,ill iacludE automobiles •and inoeperl;rie
corttra(tuvs, i.n the •
at n':.•07 4:L00,0n/$30Q,000 kbodi:l.y injury and $50 r
Li operty d .mage, ;:,:ri lu.•r�o.,:i cy of nsu c.'e shal i r cl r. ••
t � 1 bc�rocurc by
prem:Lur :7 p 1.id by, the 0W4:E ; t.s C r� �'c'ct''fo date shall e the e ,�uI1U Ctt:
r
date of this Covenant, A certificate of insurance, bearine: the name of
the City of Miami as the party insured, or other proof of inserance
coverege afforeiree protection to the CITY, shall be proeided to the
satisfaction of the CITY. Said insurance shell provide that the CITY be
given at leaot thiety (30) dPt' advanced weitten notice of any nateriel
changes, cancellatien or non-eeneal netificatlee of any policies,
in event of eueh material cherew„ cencellaelon or non -renewal notification,
the OWNER shall imeadintely 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 such policy termination.
In the further event that the Ci'fY rLe not in possession of same by such
latter date, then the CITY shall have the riF;ht to immediately secure a
similar insurance policy in ite name with the total cost or the premiue..
and all those as may become due during the life of this Covenant belnc
charz,ed to OWNER, and the CIT shall have the right to declare and entablish
same as a lien on the described premises of such defaulting OWNER and
enforced as any lien provided under the Statutes of Floridle, and
10. The OWNER agrees that the right to use the area under the afore-
said public sidewalk, herein designated for the construction, operation
and maintenance of said grease interceptor facility system 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; and
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.
This Covenant To Run With the Land me.y be terminated and canceled
at any time by filing of record in the Office of the Clerk of the Circuit
Court in and for Dade County a notice of termination executed by the
OWNER and by the City Manager or any Assistant City Manager or the
Director of Public Works on behalf of the City. The parties hereto
agree that they will, when the grease interceptor facility is no longer
needed, execute in recordable form such a notice of termination for filing
in the Public Records.
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
•
1
7./ ••*--7
Witness
(;)
Witness
STATE OF FLORIDA
COUNTY OF DADE
FEDERATED -DEPARTMENT STORES, Inc.
BURDINE'S DIVISION
/ /,/ . 1,1
, • • V
President
)1c:fore me personally appeared R, W, Mc Ewen and Robert 'rammer°, to.,fri.t.w!.t11;b-nown
ck • '
as the persons who executed the foregol.ng instrument for the purpc.)sese.x.pegNer.ttiel.-i,.in,
this 1,Ith day of , May , 1975.
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COVENANT TO RUN WITH THE LAND relatin ; to grease interceptor facility
from Lot 23 Block 123N of A. L. Knowlton 01 s A/K/A No, 6 LJ :y Flac;1 £r
Street.
APPROVED D A8 TO FOFN AND CORRECTNESS APPROVED:
CL`ii' A`lT'O� iIEY fl.Lrector, Deportment of Fublic
This instrument is executed
pursuant to Resolution No. 75-621
Passed and Adopted July 17, 1975,
This Instrur.:tnt Prepared By
I. �.,� ;�;. r. r,;: .-., r
City -off' I tami,- Flor. ida
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I IO.M.1D IN ()Mat,. RECORDS 1104a
Cf DADA COWIN'.'FLORIDA.
ALCM VERIFIED
RICIL4RD P. BIZINKER
CLERK CIRCUIT COURT
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