HomeMy WebLinkAboutR-73-04611
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
_9
20
21
22
23
24
25
26
27
28
29
J0
31
32
33
34
35
36
RHT/cc
6/11/73
RESOLUTION NO.
79,,,VS/ '13VUII
A RESOLUTION ACCEPTING THE MAY 2, 1973,
COVENANT TO RUN WITH THE LAND FROM THE
BANK OF MIAMI RELATING TO THE CONSTRUCTION
OF A TRANSFORMER VAULT UNDER THE SIDEWALK
AREA ON THE EAST SIDE OF S. E. 1ST AVENUE,
116'+ SOUTH OF THE CENTERLINE OF EAST
FLAGLER STREET AND AUTHORIZING THE
ISSUANCE OF A PERMIT FOR SAID TRANSFORMER
VAULT.
WHEREAS, the Bank of Miami is the owner of property
described as: Lot 10 and the North 15 feet of Lot 11 and the
North 15 feet of the West 5 feet of Lot 12, Block 121N,
A. L. Knowlton's Map of Miami, according to the Plat
thereof as recorded in Plat Book 13, at Page 41 of the
Public Records of Dade County, Florida; and
WHEREAS, the Bank of Miami proposes to construct
a transformer vault under the sidewalk area on the east
side of S. E. 1st Avenue, 116'+ south of the centerline
of East Flagler Street and has requested a permit for
said construction; and
WHEREAS, the Bank of Miami has filed with the City
a Covenant to Run With The Land, dated May 2, 1973, for
the construction guaranteeing to operate and maintain said
transformer vault in such a manner that it will not become
a nuisance or detrimental 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; and
73
08
4
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
_9
20
21
22
23
24
25
26
27
28
29
s0
31
32
33
34
35
36
WHEREAS, 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. That the May 2, 1973 Covenant To Run
With The Land executed by The Bank of Miami, relating to
the proposed construction of a transformer vault under
the sidewalk area on the east side of S. E. 1st Avenue,
116'+ south of the centerline of East Flagler Street be,
and the same is hereby accepted, a copy of said Covenant
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.
Section 3. That, subject to the execution and
delivery of said Covenant, the proper officials of the City
of Miami be, and they are hereby authorized and directed to
issue to The Bank of Miami a permit to construct, maintain
and operate a transformer vault under the sidewalk area on the
east side of S.E. 1st Avenue 116'+ south of the centerline of
East Flagler Street.
PASSED AND ADOPTED this/ day of , 1973.
PREPARED AND APPROVED BY:
REVIEWED BY:
Hatri 3` Turner, A st. City Attorney
John S. Lloyd, Asst. D 'rector of Law
I r
APPROVED AS TO FORM
,:c��,
Alan H. Rothstein
City Attorney
TQRRE CTNE
rra
-2-
CITY OF MIAMI. FLCRIDA
INTER -OFFICE MEMORANDUM
TO:
FROM:
H. D. Southern
City Clerk
it E. Gi i , J` = ,r,,Dair-ee-trpr
ppt zo" Pt1ic Works
Central
)
'"' July 3, 1973 #139-10-33
,,,„,Covenant To Run With The Land For
The Bank of Miami Transformer Vault
in S.E. 1st Avenue, South of
E. Flagler Street.
Covenant, Certificate of
Insurance, Letter of Credit.
We have attached for your files the recorded Covenant to Run
With The Land for the Bank of Miami for the construction of
a transformer vaul.- under the sidewalk "Public Right of Way".
This instrument was executed and subsequently recorded in
OR 8352, pages 78, 79 and 80 on June 26, 1973.
Also attached are American Motorists Insurance Company
Certificate of Insurance of policy number 2HM-022-464 and,
The Bank of Miami Letter of Credit No. IC-1672 ($1,000.00)
VEG:ACB:cb
Attach.
e s
�ii
<.
Certificate of Alumna
THIS IS TO CERTIFY that the described policies, covering in accordance with the terms thereof, are in force as of the
date hereof:
Insured: THE BANK OF MIAMI
110 E. Flagler Street
Miami, Florida 33131
COVERAGE
COMPANY AND
POLICY NO.
EXPIRATION
DATE
LIMITS OF LIABILITY
Bodily Injury
Property Damage
Workmen's
Compensation
Employers
Liability
St atutory
Each Accident $
N' I
NII
Comprehensive
GeneralLiability
including
Products
including
Completed
Operations
American Mot-
orists Ins. Co.
#2HM-022-464
6/1/75
Each Occurrences 1,000,000.
(Single Limits)
Aggregate $ 1, 000, 000
Aggregate S
Each Occurrence s1,000,000.
(Single Limits
Aggregate 0,000,000.
Aggregate $
Comprehensive
Automobi le
Lrabrlrty
Eac'.r Person 5
each Occurrence s
Each Occurrence $
Excess 'Umbrella
Liability
___-
Comb;ned Single Limit S
Aggregate s
30 Days Notice of Cancellation
City of Miami as an Additional insured as respect to the Covenant of May 2, 1973
This Certificate is issued to City' s Director
City of Miami, Florida
Department of Public Works
3332 Pan American Drive
Miami, Florida 33133
This document is furnished for information only. It does not provide or convey any insurance. Unless specified hereon its
issuance does not make the person or organization to whom it is issued an additional insured under any policy of insurance.
It neither affirmatively nor negatively amends, extends or alters the coverage afforded by the contract of insurance between c�
the insured and any Company. Amendment, extension or change of such contract can only be effected by endorsement issued
by the Company and attached thereto.
Should any above described policy be cancelled. the Company issuing said policy will make all reasonable effort to give
notice to the holder of this document, at the address shown herein. but failure to give such notice shall impose no obligation
of any kind upon the Company or the undersigned.
Dated 5/30/73 MS
V V l V V V V V V V V V V V V V V V V V V V V V V V V
1/73
PARKER & CO. OF FLORIDA,,PNC., Agents
By
,- /1-7 , %�
♦ r'TTnPI' V',A r r. . t•1"1i111 r• r i.H i.sae7 muean.aaart- .aa a ....ra.a• u - , ......, U.•• • .....•....
>z
o
•
ZaLU
000
ono
Orr~
J02
_Qau
X
Uww
rr
z ww
Q
r--a
OCCX
U W F-
UZ
U.Z�
VOLL
N
U~Z
QZa
awry
z0w
<I.
yF-0
it y
00
V1 W
Cr
N=
0ZZZ
LL W
Z C 0
Rio
=OU
~�Z
Oa-
�
Cr
www
�0GU,T
v_2 L
ti0LL
�O
W m Z
¢LO
Ud�
v:=a
=U�
w 0 0
H - J
0 Z W
X Z
J W w
(.7
VZw
4Z~
X 0 0
.5 W
O
Wa
CC
(NJ V)
=rn
rn
z
v,�w
W 0 W
-J W LL
OUCC
Tr, E BANK OF MIA
110 EAST FLAGLER STREET
MIAMI, FLORIDA
The City of Miami
Department of Public Works
3332 Pan American Drive
Miami, Florida
Dear Sirs:
Date May 31, 1973
Commercial Irrevocable
Letter of Credit No. IC-1672
S 1,000.00
I%'e hereby establish our irrevocable
credit in your favor, available by your drafts drawn at sight
on l7►e B,mk erf.1uami, 110 E. Flagler Street, Miami, Florida 33131.
foracco►ntof The Bank of Miami, 110 E. Flagler Street, Miami, Florida 33131.
up So an aggregate amount of $1,000.00 (one thousand and 00/100 U. S. Dollars. )
for
. G.IXX)1XXXXixxiq
Drafts mug be accompanied by
Certificate of The City of Miami, Department of Public Works, Miami, Florida,
stating that The Bank of Miami, Miami, Florida, has failed to repair any faults
or Excessively settled or sunken areas that may develop in connection with the
works to be perfermed on S.E. First Avenue South of E. Flagler Street, as stated in
Covenant to run with the land which is dated May 2, 1973y Which forms an integral
part of this Letter of Credit.
Drafts must be dated and presented or negotiated not later than May 31 , 1975,
must be marked Drawn under THE. BANK OF MIAMI LETTER (REDI'1'
No. IC-1672 dated. May 31, 1973,
The amount of each draft drawn under this Latter of Credit must, concurrently with negotiation, be
endorsed on the reverse irereof and tire presentment of any such draft shall be a warranty by the
negotiating Banor Bankers that such endorsement has been made.
We hereby agree with waivers, endorsers and bonafide holders of the drafts drawn under and negotiated
in compliance with the terms of this Letter of Credit that the same shall be duly honored upon
presentation and delivery of the documents herein specified, at our aforesaid address.
This credit is also available at
by drafts drawn on
meh
I'ery tncly yours,
b,e -Let:el) )La--4L- c-ek-
and
8352 78
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this oZ- day of
A.D., 1973, by and between THE BANK OF MIAMI, 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
t:e second part, hereinafter called CITY:
WITNESSETH:
THAT WHEREAS, THE BANK OF MIAMI, is the fee owner of the following_
described parcel of land, to wit:
Lot 10 and the North 15.0 feet of Lot 11 and
the North 15.0 feet of the West 5.0 feet of
Lot 12, Block 121 N. A.L. KNOWLTON'S MAP OF
MIAMI, according to the Plat thereof as
recorded in Plat Book 13, at Page 41 of the
Public Records of Dade County, Florida; and
WHEREAS, the OWNER proposes to construct and install a Transformer
Vault under the sidewalk area on the East side of S.E. 1 Avenue 116±
feet South of the Centerline of. East Flagler Street; and
WHEREAS, the OWNER will operate and maintain said Transformer
Vault in such a manner so as not to be or become a nuisance or
detrimental to public 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
r;aintenanco of ti .._t? T-'an:_ f orr:;ci' V i 1 t;, as a._ vL'
which term includes it 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 Transformer Vault under the
existing public sidewalk fronting at S.E. First. Avenue, said Trans-
former Vault will be limited for the use of a Transformer Equipment,
including the installation of wiring and appurtenances specified by
your Engineer and approved by the Department of Public Works of the
City of Miami; and
2. The OWNER shall submit to the Department of Public Works
plans and specifications for approval prior to the construction of
said Transformer Vault, in order that this information may be plotted
on the City's official underground records, said plans and specifica-
tions to be prepared by a professional engineer, registered in the
State of Florida; and
3. The OWNER shall assume all responsibility, hold the CITY
harmless forever and agree to pay for any damage or claim, of aamae
which may be against the CITY which results difect,ly or indirectly
from the construction, operation, maintenance, repair and,/cr removal
of said Transformer Vault in the event of any damage to said Trans-
former Vault, 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
-1-
8352 ;>t
4. The OWNER shall restore the concrete sidewalk and/or
damaged paving caused by construction to its original condition,
insofar as practical in the opinion of the CITY'S Director of
the Department of Public Works, and to guarantee the maintenance
and repair of any faults or excessively settled or sunken areas
that may develop in any area above and/or adjacent to the said
Transformer Vault to the satisfaction of the Department of Public
Works; and
5. The OWNER shall furnish the CITY a 2-year maintenance
Bond 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 the trench of said Transformer
Vault to the satisfaction of the Department of Public Works; and
6. The OWNER shall relocate, remove or abandon at its own
cost said Transformer Vault, when and if the Director of the
Department of Public Works determines that this is necessary or
advisable; and
•7. The OWNER shall obtain from all other governmental agencies
the required and necessary permits and approvalfor the construction
of said Transformer Vault.
8. 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 Urought 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 insurance
shall provide that the CITY be given at least thirty (30) day: -
advance written notification of cancellation cf any policies. The
above policy is to be such ds Will iiolo the CITY narrriless 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
9. The OWNER ,agrees that the right to use the CITY'S land
below the surface of the public sidewalk herein designated for the
construction, operation and maintenance of a Transformer Vault 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.
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 Presen e of:,
`) iE BANK pF wAmi
RAFAEL L. CORONA,
Pr e ci denC,\‘
�.1:`:.CF...tit I..
JCIA NE BROWN, Ass t'; � S-6 2,1 ,ry
/ ' ►i;_.i.y ' !
1t
835 .. 8n
STATE OF FLORIDA )
COUNTY OF DADE )
I HEREBY CERTIFY that on this 1 - day of `Y ``1 `•) ,A.D. 1973,
before me personally appeared RAFAEL L. CORONA and JOANNE BROWN,
President and Assistant Secretary respectively of THE BANK OF MIAMI,
to me known to be the persons who signed the foregoing instrument
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 1.3 the act
and 4' ,,,of said corporation.
'
St is
my hand and oficial seal at Miami, County of Dade, and
ida, the day and year last aforesaid.
NCMQIi•(Pjaci _ATE OF 1FLG::;uA ^.T LAi1 I
r MtSS EXPI V S t.iAY 7. 1975
481ERAKI.NTORANCE UNDERWRITERS, INC.
M Comgt .'ssion Expires:
•
APPROVED AS TO FORM & CORRECTNESS
/�
4
(ity AttcSrn
This Instrument is Executed
Pursuant to Resolution No. 73-461
Passed and Adopted June 14, 1973
Notary Public, State of Florida
at Larr;e
APPROVED AS TO DESC'1t'I-TION
Director, Department of Public
Works
This Instrument Prepared by
Dale F. Bridges
Department of Public Works
City of Miami, Florida
- 3 -
►'.�.oq YEi1111.0
RICH ARD w. Rfu '$ER,