HomeMy WebLinkAboutR-74-0085MC/Seb
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RESOLUTION NO.7040/Ftell.7 •
A RESOLUTION GRANTING A PERMIT TO CITY
GAS COMPANY OF FLORIDA TO CONSTRUCT A
2-INCH GAS TRANSMISSION MAIN IN THE CITY
OF MIAMI AND CONNECT TO AN EXISTING 3-INCH
MAIN LOCATED JUST WEST OF THE CITY OF MIAMI
LIMITS IN THE CITY OF CORAL GABLES, FOR THE
PURPOSE OF SERVING HASTA RESTAURANT LOCATED
AT S.W. 26 TERRACE AND S.W. 37 AVENUE; AND
ACCEPTING THE JANUARY 17, 1974 AGREEMENT
EXECUTED BY CITY GAS COMPANY OF FLORIDA; AND
DIRECTING THAT SAID AGREEMENT BE RECORDED
IN THE PUBLIC RECORDS OF DADE COUNTY.
WHEREAS, City Gas Company of Florida, hereinafter called
"City Gas", has requested from The City of Miami, hereinafter
called "City", for a permit to construct a 2-inch gas transmission
main and connect to an existing 3-inch main located just west and
outside of "City" limits, in the City of Coral Gables, to serve
Rasta Restaurant located at S.W. 26 Terrace and S.W. 37 Avenue,
in "City"; and
WHEREAS, although the above routing lies within that
area now under franchise to The Florida Gas Company, said Company
in its objection to the proposal of "City Gas" to construct the
aforesaid gas transmission main, in view that it does not have
natural gas facilities in this area and would not be in a position
to provide service to this customer; and
WHEREAS, "City Gas" has delivered to "City" copy of
a permit for said construction issued by the City of Coral
Gables; and
WHEREAS, in consideration of the issuance of the afore-
said permit, "City Gas" has executed and delivered to "City" an
agreement dated January 17, 1974 together with the proper insurance
and Performance Bond and containing full protection for "City".
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the January 17, 1974 agreement from
"City Gas" relating to the construction of a gas transmission
Main be, and the same is hereby,aaccepted.
Section 1. That the proper officials of "City" be,
and they are hereby, authorized and directed to issue a permit
to "City Gas" for the proposed construction of a gas transmission
Main and
connecting to an existing gas transmission main located
just west of "City" limits, in the City of Coral Gables along a
route outlined in the attached drawing entitled "City Gas Company
of Florida proposed routing of 2" G.M. in the Cities of Coral
Gables and City of Miami to serve Rasta Restaurant", and termin-
ating at a point located at S.W. 26 Terrace and S.W. 37 Avenue,
said agreement and drawing being attached hereto and by this
reference made a part hereof as if fully appearing herein.
Section 3. That the proper offical be, and he is
hereby, directed to file said agreement in the Public Records
of Dade County.
PASSED AND ADOPTED this day of 9. Q
1974.
PREPARED AND APPROVED BY:
Mikele Carter
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
John S. Lloyd
City Attorney
"eC CMENT INDEX
HARTFORD, CONNlgCTICUt
4
Hariford liteident and IndemniS Company
112
POWER OP ATTORNEY
-;now all men by these Pts, That the HARTFORD ACCIDENT AND INDEMNITY
COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office
in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
E. M. CARY of MIAMI BEACH, FLORIDA
its true and lawful Attorney(s)-in-fact, with full power and authority to each of said Attorney(s)-in-fact, in their separate
capacittif more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and
other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of
persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed.
in penalties not exceeding the sum of TWO HUNDRED THOUSAND DOLLARS
($200,000.00) each,
and to bind the HARTFORD ACCIDENT AND INDEMNITY COMPANY thereby as fully and to the same extent
as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer
of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such officers,
and hereby ratifies and confirms all that its said Attorney(s)-in-fact may do in pursuance hereof.
This power of attorney is granted under and by authority of the following By -Law adopted by the Stockholders
of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meetingduly called and held on the 10th day
of February, 1943.
ARTICLE IV
SECTION 8. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -fact and at any time to remove any such Resident Vice -President,
Resident Assistant Secretary, or Attorney -in -fact, and revoke the power and authority given to him.
SECTION 11. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to
them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested by one other of such Officers.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called
and held on the 13th day of March, 1956.
RESOLVED, that, whereas the President or any Vice -President, acting with any Secretary or Assistant Secretary, has the power and authority
to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature
thereof, one or more Resident Vice -Presidents, Assistant Seuetaries and Attorneys -in -fact;
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or to any certificate
relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon
the Company in the future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents
to be signed by its Vice -President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 17th day
of January, 1968.
Attest:
Secretary
STATE OF CONNECTICUT,
COUNTY OF HARTFORD, ss
HARTFORD ACCIDENT AND INDEMNITY COMPANY
sc:54%X°
Vice President
On this 17th day of January, A. D. 1968, before me personally came John F. Beardsley, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice -
President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, the corporation described in and which
executed the above instrument; that he.knows the seal of the said corporation; that the seal affixed to the said instrument
is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his
name thereto by like order.
STATE OF CONNECTICUT,
COUNTY OF HARTFORD, ss CERTI ICATE Notary Public
My commission expires March 31, 1977
I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a
Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains
in full force and has not been revoked; and furthermore, that Article IV, Sections 8 and 11, of the By -Laws of the Com-
pany, and the Resolution of the Board of Directors, set forth in the Power of Attorney, is now in force.
Signed and sealed at the City of Hartford. Dated the 17th day of January
"ci. PrORT1VE
Ewes 8-36I7-9 Printed fu U. S. A. 6471 1, f
19 74
A ssistatrl .Secretary
Bond# _4200052 .....:
•
MAINTENANCE PERFORMANCE BONG
Amount: $2, 000.00
KNOW ALL MEN BY THESE PRESENTS, That we City Gas Company of Florida
as principal, and The Hartford Accident and Indemnity Company
as surety, are held and firmly bound nto
THE CITY OF it:IAMI , FLORIDA
in the sum of Two Thousand
Dollars
($2,000.00 ), for which payment well and truly to be made, we bind
ourselves, our successors, heirs, executors, and administrators, (joint-
ly and severally, firmly and by these presents.
WHEREAS, the principal is required to comply with the terms and
conditions of the Covenant to run with the land dated January 17, 1974
governing as per paragraph four (4) of Agreement: That City Gas shall
construct and maintain street crossing in accordance with the standards of the State
Rond Department end City, end gua azrt Lag tip -ma'
satisfaction of the Department of Public Works of any faults or excessively nettled
area which may develop in any of the area above the trench for said gas transmission
main.
(Indicate work to be performed)
to be performed by the principal, including the posting of n::.. . ar_ance
performance bond, as provided in said Covenant; and
VkIEREAS, the principal is required to obtain a backfillad :.ra:ch
22 compacted as to result in only -minute settlement; and
WHEREAS, to insure that the City shall suffer no loss through sub-
..cuent pavement failure, the principal shall post a
Two Thousand Dollar (52,000.00 ) maintenance
,arformance bond guaranteeing for five (5 )• years from the date the work
is fully completed that the principal will repair, in accordance with
the latest City o1 Miami Standard Specifications, and to the satisfac-
tion of the Director of Public Works, any faults or excessively settled
areas that may develop in any of the pavement replaced by the principal;
and "BUPADRTIVG
Form PW #•233 2/72
DOCUMENTS
FOLLOW"
$2,000, to guarantee the maintenance and rAnAlr r T��
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s
F.
WHEREAS, the patched surface shall not show at the time of con-
struction nor within any time covered by this guarantee, a vertical
deviation greater than one-fourth (14") inch up or down from a straight-
edge placed transversely across the patched trench. Any cracks larger
than one -eighth (1/S")inch in width will be considered faults; and
WHEREAS, the City shall have the Authority tb direct the principal
to make any necessary pavement repairs at his own expense and if the
principal fails to make the necessary pavement repairs when so directed,
the work will be done by the City and the costs of said work will be
charged against the maintenance performance bond.
NOW, THEREFORE, the condition of the followin; obligation is such
that if the principal shall comply with the conditions of the Covenant
to run with the land, then this obligation shall be void; otherwise it
shall remain in full force and effect.
SIGNED, SEALED ANDDELIVERED, this 17th day of January
i974
, ithessv�'�C'
Appaove as to Force and .Correctness
CITY GAS COMPANY OF FLORIDA (SEAL)
W. Langer, Preside
(SEAL)
Ivan.E. Bali, A sst. Secretary
The Hartford Accident & Indemnity Company
Surety
By: E. M. Cary f
Attorney -in -Fact
Cit-;* Attorney
NOTE: Whenever the Principal or Surety is a corporation, it s_
give the State of its organization_ and should be signed z e
president and. attested to by the secretary. In a partnership,
the name of the company should be designated as a partnership
and the partner signing should be designated as a partner under
this signature.
(Attach this Bond to the Covenant)
- 2
Form PW #233 2/72
ENTS
• FOLLOW".
. .....a,., s .. ai.._ ....ta r....4 4^v
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this /7 day of Aaru 40 7
A:b:, 1974, by and between THE CITY GAS COMPANY OF FLORIDA, herein-
after sometimes referred to as CITY GAS and THE CITY OF MIAMI, a
municipal corporation of the State of Florida, in the County of Dade,
hereinafter called CITY:
WITNESSETH:
THAT WHEREAS, CITY GAS has. requested a permit from CITY to
construct a 2e gas transmission main from its existing gas main in
the City of Coral Gables, extending along a route beginning at a
point approximately 1200 feet west of the centerline of S.W. 37
Avenue in the City of Miami, thence easterly along Romano Avenue
in the City of Coral Gables „tb(:a point on S.W. 26 Terrace in the
City of Miami, approximately 195 feet east of the centerline of said
S.W. 37 Avenue, thence approximately 185 feet southerly to a point
of connection approximately 195 feet east of the centerline of said
S.W. 37 Avenue, said routing is as indicated on the drawing attached
hereto and by this reference made a part hereof, said drawing being
entitled "City Gas Co. of Florida Proposed Routing of 2" G.M. in the
Cities of Coral Gables and City of Miami to Serve Hasta Restaurant",
upon issuance of such permit by CITY that this right is given under
the existing street right of way within the City,of Miami.
NOW, THEREFORE, in consideration of the issuance of a permit to
install a gas transmission main along the aforementioned route within
the street right of way within the City of Miami, CITY GAS hereby
agrees to the following terms:
1. That the permit issued for the construction of the gas
transmission main shall remain in effect for an indefinite period
effective from the date of issuance except that the Commission of
the City of Miami shall have the right to require the termination of
the use of the said gas transmission main at anytime it elects to do
so, subject to giving at least ninety (90) days advance notice to
CITY GAS.
2. That CITY GAS shall assume all responsibility, hold CITY
harmless, and agree to pay all liability for any damage or claim of
damage which may be made against CITY which results directly or
indirectly from the construction, operation, maintenance, removal
and/or repair of said gas transmission main or any part thereof.
3. That CITY GAS agrees to hold CITY harmless from any liability
established by law arising out of the granting of this Agreement, and
to defend, or cause to be defended, any action brought against CITY in
connection herewith; and to furnish to CITY a liability insurance policy
in the amount of $150,000/$1,000,000 and property damage in the amount
of $500,000 in which CITY is named as additional insured, at no cost to
CITY. Said insurance policy shall contain a clause giving CITY at
least thirty (30) days advanced written notice of any change or
cancellation thereof.
4. That CITY GAS shall construct and maintain street crossing in
accordance with the standards of the State Road Department and CITY,
and to furnish CITY with a five year Maintenance Bond in the amount of
$2,000, to guarantee the maintenance and repair to the satisfaction of
The Department of Public Works of any faults or excessively settled
area which may develop in any of the area above the trench for said
gas traeinlssion main.
5. That CITY GAS shall furnish to the Director of Public Works of
CITY, plans prepared by an engineer registered in the State of Florida
for the conetruction of the gas transmission main as authorized herein
and said plans shall be subject to the approval of the Director of
Fubl .c Works. r;
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6. CITY GAS shall submit to the Department of Public Works six
(6) sets of said plans of the proposed gas transmission main system
for checking, review and approval of said Department before a permit
is issued.
7. CITY GAS shall submit to the Department of Public Works for
its records, a complete set of AS BUILT plans not later than thirty
(30) days after the construction has been completed.
8. CITY GAS shall submit to the Department of Public Works the
field books showing all the initial staking and final measurements
to be done by a surveyor registered in the State of Florida; said
field books shall show sufficient ties with the various street monument
lines to enable the gas transmission main to be accurately located in
plan and show also ground elevations and the elevations of the top of
the gas transmission main at each change in vertical direction and
the elevation of all existing underground utilities uncovered during
the construction of said gas transmission main.
9. CITY GAS shall relocate, remove, extend or abandon, at its own
cost and expense, said gas transmission main if the Department of Public
Works determines that this is necessary or advisable.
10. CITY GAS shall obtain from all other governmental agencies the
required approval and permits for the construction and connection of
this gas transmission main.
11. That CITY GAS shall assume all responsibility for any damage
to existing underground structures, such as sanitary and storm sewers,
gas and water mains, electrical or telephone cables, or any other
facility located in the path of the construction of the proposed gas
transmission main resulting from the construction oV operation of said
gas transmission main.
12.
imposed
City of
13.
Company
must be
Imposition of a charge upon CITY GAS commensurate with that
on other gas utilities offering the same service within the
Miami.
Any Amendment to the existing franchise with Florida Gas
deemed necessary to effectuate the terms of this Agreement
approved by the parties thereto.
It is expressly agreed that this Agreement shall be binding upon
CITY GAS, its heirs, successors or assigns and shall be a condition
implied in any conveyance or other instrument affecting the title to
the gas transmission main installed along the aforementioned route.
IN WITNESS WHEREOF, the CITY GAS COMPANY OF FLORIDA has caused
these presents to be signed in its name by its proper officers, and
its corporate seal to be affixed, attested by its Secretary, the day
and year first above set forth.
(12'44
Witness
a, AA,
fitness
eft t! Ig: f; S
...
CITY GAS COMPANY OF FLORIDA
By
Presip
B
Secretary
CORPORATE SEAL
W; 8818 « 579
STATE OP FLORIDA )
COUNTY OP DADE )
I HEREBY CERTIFY that on this / 7 day of _rs w. 4 n y A.D., 1974,
before me personally appeared S. W. LANGER and CHAS. S. ROBERTS,
President and Secretary, respectively of THE CITY GAS COMPANY OF
FLORIDA, 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 and `elnia,iacknowledged the execution thereof
to be their free act and deed as such officers for the used 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
State of Florida, the day and year last aforesaid.
VOTARY PUBLIC, 31 TE of FLOyf i a} (pR^F
MY CO;v*MIS5Io;4 EXPIRES 'SEPT. 11, 1976
BOWEL 'MID { 'Hill CE
My Commission t.xpires.
APPROVED AS TO FORM & CORRECTNESS
City Attoney
Dade
vr:' y •.:d��.
zni
Notary Public State of Flot L`Llgeti,4
,\ :Q 'o� S.
/
ON
irector, Department of Public Wo ks
This Instrument Prepared by
Anthony C. Bacotti
Department of Public Works
City of Miami, Florida
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