HomeMy WebLinkAboutR-73-00687
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1/19/73
RESOLUTION NO.7a
--6P
A RESOLUTION ACCEPTING THE JANUARY 9,
1973 COVENANT TO RUN WITH THE LAND
FROM I.P.A., INC., RELATING TO THE
CONSTRUCTION OF AN 18 INCH PERMANENT
STORM SEWER PIPELINE ACROSS N.W. 9TH
STREET NEAR ITS INTERSECTION WITH
N.W. 47TH AVENUE AND DIRECTING THAT
SAID COVENANT BE RECORDED IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
WHEREAS, I.P.A., Inc. owns the property on the
north and south sides of N.W. 9th Street easterly from
N.W. 47th Avenue; and
WHEREAS, I.P.A., Inc. has requested the City
of Miami for permission to construct a permanent storm
sewer pipeline across N.W. 9th Street from one portion
of their property to another; and
WHEREAS, I.P.A., Inc. has filed with the City
a covenant to run with the land dated January 9, 1973,
guaranteeing to construct the storm sewer to City of Miami
standards and to operate and maintain it in such manner
that it will not become a nuisance to public health and
safety, or injurious to adjacent property, either public
or private. Said covenant contains additional provisions
for the adequate protection of the City including the
stipulation that the owner shall carry general comprehensive
insurance to guarantee said protection. The Department
of Public Works has examined the proposal and the covenant
and sees no objection to the proposed construction or to
the covenant to run with the land;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That the January 9, 1973 Covenent to
run with the land executed by I.P.A., Inc., relating to
the proposed construction of a permanent storm sewer pipeline
across N. W. 9th Street easterly from N. W. 47th Avenue be,
and the same is hereby accepted, a copy of said covenent
being attached hereto and by this reference made a part
hereof as if fully appearing herein.
Section 2. That the proper official of the City
of Miami be, and he is hereby, authorized to file the said
Covenant to Run With the Land in the Public Records of
Dade County, Florida.
PASSED AND ADOPTED th 5 ay of
PREPARED AND APPROVED BY:
R. Harris Turner
Assistant City Attorney
REVIEWED. BY:
4 -
John S. Lloyd
Assistant Director, of Law
AP .. • VED A'• / TO
•
AND,' CRRECTNESS :
\ %
A an H. Rothstein
City Attorney
,1973.
-2-
'73FEB 7AM9:09
siif 343
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this ,, " day of��4'4/0V44y
A.D., 1973, by and between I.P.A. INC., a Florida corporation, whose
principal place of business is 126 S. W. Second Street, Miami, Florida
party of the first part and hereinafter called OWNER, 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, I.F.A. INC., a Florida corporation is the fee
owner of the following described parcel of land, to wit:
Lot 1, 2, 3 and 4, Block 4 and also Lots 8,
9 and 10, Block 2 of LE JEUNE GARDEN ESTATES,
according to the Plat thereof, as recorded in
Plat Book 40 at Page 37, of the Public Records
of Dade County, Florida
WHEREAS, the OWNER plans to construct, operate and maintain an
18-inch permanent storm sewer pipeline in, across and under the
surface of. N.W. 9 Street, beginning at a point on the northerly
boundary line of said Lot 1, Block 4 of LE JEUNE GARDEN ESTATES,
said point being approximately 60.00 feet east of the west line
of Section 32, Township 53 south, Range 41 east (N.W. 47 Avenue),
extending in a northerly direction at right arw-.1e:; across and under
N.W. p Street toes point on the southerly boundary line of said
Lot 10, Block 2 cf said LE JEUNE GARDEN ESTATES, as recorded in
Plat hook 40 at Page 37 of the Public Records of Dade County, Florida.
WHEREAS, the Ot';NEh will operate ani maintain said storm sewer
outfall pipeline in such a manner that the storm water of said storm
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health and safety or injurious to adjacent property either public
or private.
NOW, THEREFORE, in consideration of the premises and benefit
which will accrue the OWNER from the construction, operation and
maintenance of said storm sewer outfall pipeline through, across,
along and under the surface of certain streets and avenues in the
City of i''iiami 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 a permanent 18-inch storm sewer
pipeline, including the installation of necessary pipes and appurtenances
under the surface, and/or along the following specified route:
In, across and under the surface of N.W. 9 Street
from a point on the northerly boundary line of
Lot 1, Block 4 to a point on the southerly boundary
line of Lot 10, Block 2 of LE JEUNE GARDEN ESTATES,
as recorded in Plat Book 40 at Page 37 of the Public
Records of Dade County, Florida.
2. The OWNER shall submit to the Department of Public Works
plan: and specifications for approval prior to the construction of said
::torn sewer outfall pipeline and a complete set of "AS BUILT" plans
after construction of this pipeline has been completed, said plans and
specifications to be prepared by a professional engineer, registered
in the State of Florida; and
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73-6
eEc 8J1.6 r1 349
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
pipeline to be accurately located in plan, and to show ground eleva-
tion and also show the elevation of the top of the force main at each
change of vertical direction, and the elevation and location of all
existing underground utilities uncovered during the construction of
said pipeline; and
4. The OWNER :.hall a:-sume all re. pcn: ibility, 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 storm sewer outfall pipeline or any part thereof, and in the
event of damage to the pipeline, requiring the making of repairs, from
any cause whatsoever durir:g the life of this Covenant, the OWNER shall
cause such repair to be maae forthwith, whether in any way responsible
for the damage or not; and
5. The OWNER shall operate and maintain said pipeline in a
manner that prevents it from being or becoming a nuisance or detri-
mental 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 Pubis Works cf
the CITY; and
6. The OWNER :hall restore the streets to their original condi-
tion, insofar as practical in the opinion of the CITY'S Director of
the Department of Public Works, and to furnish the CITY a 2-year
Maintenance Bond in the amount of $ 1,000 to guarantee the main-
tenance and repair of any faults cr exces iveiy settled or sunken
area tnat a. vel. i !; a ve the tree c.. Baia ._...
sewer outfall pipeline tc the satisfaction of the Department of
Public Works; and
own
the
7. The
e
cost and
Director
necessary or
the
and
OWNER shall relocate, remove, extend or abandon at its
expense laid storm sewer outfall pipeline, when and if
of the Department of Public Works determines that this to
advisable; and
8. The OWNER shall obtain from all other governmental agencies
required and necessary permits and approval for the construction
connections of said storm sewer outfall pipeline; and
9. 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 liabilit 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 insurance shall provide that
the CITY be given at least thirty (30) days advance written notifica-
tion of cancellation of any policies. The above policy is to be such
as will hold the CITY harmless from any liability whatsoever arising
out of the granting of this COVENANT and said policy to be renewed
from time to time to keep it in full force and effect; and
!O. The OWNER agrees that the rit_,nt to use the CITY'S avenues
and streets herein designated for the construction, operation and
maintenance of said storm sewer outfall pipeline snail not be
assignable, in whole or in part, without the written consent and
approval of ti,e CITY'S Director of the Department of Public Works.
_I
—1.
r E r P116 7: 35(11
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:
STATE OF FLORIDA )
COUNTY OF DADE )
I.P.A. INC. - A Florida. Corporation
-.,<' /`! //7
HAROLD M. RIFAS - As Preside
2.4.
S
JOH1 R. LEVITZ - As Secret
I HEREBY CERTIFY that on this day personally appeared before me,
an officer duly authorized to administer oaths and take acknowledge-
ments, HAROLD M. RIFAS and JOHN R. LEVITZ, President and Secretary,
respectively of I.P.A. INC., a corporation existing in and under the
laws of the State of Florida, to me well known to be the persons who
signed the foregoing instrument as such officers and severally
acknowledtf'ed the execution t: c eoi' to E o their free will and 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 sea; at Miami, County of Dade' arra,
State of Florida, this ` Z7. day of ,L_....‹. "= A.D., 1973. ' ►:
My Commission Expires:
This Instrument is Executed
Pursuant to Resolution No. 73-68
Passed and Adopted January 25, 1973
s/ / C. -- "Z'.tC-GAS
44otary Public State of F1ciri4a,
Large
APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO DESCRIPTION
(eycii
City Attorz ey
, ,
(4/
Asst. Director, Dept. of Pub
This Instrument Prepared by
Ernest C. Geiger
Department of Public Works
City of I4iami, Florida
3
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