HomeMy WebLinkAboutR-74-12722
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MEA/Cs
11/12/74
RESOLUTION No.
74w1272
A RESOLUTION ACCEPTING PROM 1000 BRICKELL,
INC. A COVENANT TO RUN WITH THE LAND,
DATED SEPTEMBER 5, 1974, RELATING TO THE
INSTALLATION OF AN ELECTRICAL CONDUIT
SYSTEM THROUGH, ACROSS, ALONG, AND UNDER
THE SURFACE OF A PUBLIC ALLEY IN BLOCK 100S,
AMENDED PLAT MARY BRICKELL'S ADDITION (B-113)
AND SAID COVENANT BEING MADE A PART HEREOF;
AND DIRECTING THE PROPERTY MANAGER OF THE
CITY OF MIAMI TO RECORD SUBJECT COVENANT
IN THE PUBLIC RECORDS OF DkDE COUNTY.
WHEREAS, 1000 Brickell, Inc. is the owner of a
commercial type building at 1000 Brickell Avenue and has
requested the City of Miami to issue a permit to construct,
install, operate, and maintain conduits for electric power
cables through, across, along, and under the surface of
a public alley abutting the west line of said property
and the east line of other property also owned by said
corporation at 60 Southeast Tenth Street, thereby connect-
ing the existing electrical system from its 1000 Brickell
Avenue building to its proposed nine level parking facil-
ity at 60 Southeast Tenth Street; and
WHEREAS, 1000 Brickell, Inc. has executed and
delivered _a Covenant to Run With the Land containing the
usual guarantees and protection for the City of Miami; and
WHEREAS, the Department of Public Works has inves-
tigated the request and recommends the issuance of the per-
mit for the construction;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That a Covenant to Run With the Land
executed by 1000 Brickell, Inc. relating to the underground
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Construction of an electrical conduit system, through, across,
along, and under the surface of the public alley located
in Block 100S, Amended Plat of Mary Brickell's Add, (B-113),
be and the same is hereby accepted.
Ses:tion 2. That the proper officials of the City
of Miami be, and they are hereby, authorized to issue the
necessary permits for the underground construction refer-
red to in said covenant, copy of which is attached, and
made a part hereof.
Section 3. That the property manager of the City
of Miami be and he is hereby directed to record the afore-
said Covenant to Run With the Land in the Public Records
of Dade County.
PASSED AND ADOPTED this ILJay of NOVEMBER
, 1974.
MAURICE A. FERRE
AT
H. SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
MAYOR
CITY COMMISSION
MEETING OF
NOV21—/77
REtlMI
:4.0:a...................
MICHEL E. ANDS SON
"DOCUMENT. INDEX
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
OHN S. LLOYD
ity Attorney
- Page 2 of 2 -
ITEM NO. 2- 2-"
USUPPORT"F
FOL..'
b Jr,
36
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COVENANT TO RUN WITH THE LAND
THIS COVENANT0, made and entered into this 5 " day of p fry. 6 r
A.D., 1974, by and between 1000 BRICKELL, INC., a Florida Corporation, party
of the first part and hereinafter called OWNER, and THE CITY OF MIAMI, a muni-
cipal corporation of the State of Florida, in the County of Dade, party of the second
part, hereinafter called CITY:
WITNESSETHi
THAT WHEREAS, 1000 BRICKELL, INC. is the fee owner of the following
described parcel of land, to wit:
Lots 1, through 4, and also lots 22 through 25 of
Block 100 South Amended Plat of Mary Brickell's
addition to Miami according to Plat Book B, Page
113, Public Records, Dade County, Florida,
WHEREAS, the OWNER is the owner of commercial building at the first above
legally described property, A/K/A 1000 Brickell Avenue, Miami, Florida and has
requested from the CITY a permit to construct, install, operate and maintain conduits
encased in six (6) inches of concrete for electric power cables across and under the
surface of the public alley abutting the Westerly line of said lots 1 through 4 and the
easterly line of said lots 22 through 25, thereby connecting the existing electrical
system operating from the said first above described property to service a nine (9)
level parking facility building located at the second above legally described property,
A/K/A 60 S.E. 10 Street, Miami, Florida, also owned by 1000 Brickell, Inc.
NOW THEREFORE, in consideration of the agreements and benefits which
will accrue the OWNER from the construction, operation and maintenance of said
electrical conduit system through, across, along and under the surface of the said
alley in the City of Miami as hereinafter designated, the OWNER, which term in-
cludes 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 an electrical conduit system, including the in-
stallation of necessary pipes and appurtenances under the surface, and/or
along the following specified route:
From the OWNER'S property at 1000 Brickell Avenue
running west across the public alley hereinabove
described to a point of connection on the east property
line of the nine (9) level parking facility building
located at 60 S.E. 10th Street.
2. The OWNER shall submit to the Department of Public Works plans and
specifications for approval prior to the construction of said electrical conduit
system and a complete set of "AS BUILT" plans after construction of this electrical
conduit system has been completed, said plans and specifications to be prepared
by a professional engineer, registered in the State of Florida; and
3. The OWNER shall submit to the Department of Public Works certified
survey notes of initial staking and final measurements, to be done by a land
surveyor registered in the State of Florida, said certified survey notes shall
show sufficient ties with the various street monument lines established by the
CITY to enable the said electrical conduit system to be accurately located in
plan, and to show ground elevation and also show the elevation of the top of the
electrical conduit system at each change of vertical direction, and the elevation
and location of all existing underground utilities uncovered during the construc-
tion of said electrical conduit system; and
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4. The OWNER shall assume all responsibility, hold the CITY harmless
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 electrical conduit system or any part
thereof, and in the event of damage to the electrical conduit system, requiring the
making of repairs, from any cause whatsoever during the life of this Covenant,
the OWNER shall cause such repair to be made forthwith, whether in any way
responsible for the damage or not; and
5. The OWNER shall construct, install, operate and maintain said
electrical conduit system in a manner that prevents it from being or becoming a
nuisance or detrimental to public health and safety or injurious to adjacent property
public or private, and install and pay for such other controlling devices as might
be required by the Department of Public Works of the CITY; and
6. The OWNER shall restore the streets to their original condition, insofar
as practical in the opinion of the CITY'S Director of the Department of Public Works,
and to furnish the CITY with a maintenance bond having an effective date coinciding
with the effective date of this Covenant, in the amount of $1, 000 to guarantee the
maintenance and repair of any faults or excessively settled or sunken areas that
may develop in any area above or adjacent to the trench of said electrical conduit
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 satisfactory
completion of the described structure; and
7. In.an emergency, when OWNER or his representative is immediately
unavailable and/or unable to provide the necessary, immediate repairs to a
ruptured or malfunctioning conduit 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 electrical conduit system, the CITY, when
apprised of such an emergency, shall have the right to make the necessary repairs
or to secure the services of a private contractor to make said repairs, with the
total cost of same being charged to OWNER, and the amount of same shall be de-
clared 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. Box 330708, Coconut Grove Station,
Miami, Florida 33133, of the name, address and phone number of a represen-
tative (and any replacement thereof) with whom contact might be made in event
of such emergency.
8. The OWNER shall relocate, remove, or abandon at its own cost and
expense said electrical conduit system, when and if the!Director of the Depart-
ment 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, or abandonment within 30 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
or abandonment of said electrical conduit system 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 State of Florida.
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9, The OWNER shall obtain from all other governmental agencies and
utility companies the required and necessary permits and approval for the con-
struction and connections of said electrical conduit system; and
10. The, OWNER shall hold the CITY harmless from any liability
established by law arising out of the granting of this COVENANT, and will defend
or cause to be defended, any action brought against the CITY in connection herewith;
and the OWNER shall carry a general comprehensive liability insurance policy,
which will include automobiles and independent contractors, in the amount of
$100, 000/$300, 000 bodily injury and $50,000 property damage. Said policy of
insurance shall be procured by, and the premiums paid by, the OWNER; its
effective date shall be the effective date of this Covenant. A certificate of in-
surance, bearing the name of the City of Miami as the party insured, or other
proof of insurance coverage affording protection to the CITY, shall be provided
to the satisfaction of the CITY. Said insurance shall provide that the CITY be
given at least thirty (30) days advance written notice of any material changes,
cancellation or non -renewal notification, the OWNER shall immediately 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 CITY is not in possession of same
by such latter date, then the CITY shall have the right to immediately secure a
similar insurance policy in its name with the total cost of the premium and all
those as may become due during the life of this Covenant being charged to OWNER,
and the CITY shall have the right to declare and establish same as a lien on the
described premises of such defaulting OWNER and enforced as any lien provided
under the Statutes of Florida.
11. The OWNER agrees that the right to use the CITY'S avenues and
streets herein designated for the construction, operation and maintenance of
said electrical conduit system shall not be assignable, in whole or in part,
without the written consent and approval of the CITY'S Director of the Depart-
ment of Public Works.
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.
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
•
Witne s s
2
itness
1000 B RICKE LL, INC.
James V. Boyett, Jr., Vice President
Barbara J. St
ey, Assi
CORPORATE SEAL
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VG 8849 rc
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STATE OF FLORIDA )
COUNTY OF DADE )
I HEREBY CERTIFY that on this gJ day of ���'��'� A.D. ,
1974, before me personally appeared JAMES V. BOYETT, JR. and BARBARA
J. STABLEY, Vice President and Assistant Secretary, respectively of 1000
BR,ICKELL, INC., a corporation under the laws of the State of Florida, to be
known to be the persons who signed the foregoing instrutnent as such officers
and severally acknowledged the execution thereof to be their free act and deed
as such officers for the uses 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 Dade, and State ; s
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of Florida, the day and year last aforesaid. r ►,►ai,,►
/97 _
My Comission Expires:
APPROVED AS TO FORM & CORRECTNESS APPROVED AS TO DESCRIPTION
City Attorney
APPROVED:
P. . Andrews, City Manager
Acting Director, Department of
Public Works
This Instrument Prepared by
John S. Lloyd
Department of Law
City of Miami, Florida
This instrument is Executed
Pursuant to Resolution No. 74-1272
Passed and Adopted November 21, 1974
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