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HomeMy WebLinkAboutR-73-06732 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 36 RHT/cc 9/6/73 RESOLUTION NO. 7 - C 7J A RESOLUTION GRANTING A PERMIT TO CITY GAS COMPANY OF FLORIDA TO CONSTRUCT A GAS TRANSMISSION MAIN FROM S.W. 8TH STREET AND S.W. 63 AVENUE TO THE CITY LIMITS AT 57 AVENUE; AND ACCEPTING THE AUGUST 3, 1973 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 gas transmission main originating from an existing 3-inch main being at a point near -the intersection of S.W. 8 Street and S.W. 63 Avenue, to serve Holiday Inn located just north of the City limits and west of N.W. 57 Avenue; and WHEREAS, although the above routing lies within that area now under franchise to the Florida Gas Company, said company in its letter dated August 13, 1973, to City, indicates that no objection to the proposal of City Gas to construct the aforesaid gas transmission main as long as said gas transmission main will not serve any customers within the City of Miami; and WHEREAS, in consideration of the issuance of the aforesaid permit, City Gas has executed and delivered to City an Agreement dated August 3, 1973, together with the proper insurance and performance bond and containing full protection for the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA : ry 73 -G`Tl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 1. That the August 3, 1973 Agreement from City Gas Company of Florida relating to the construction of a gas transmission main be, and the same is hereby accepted. Section 2. That the proper officials of the City of Miami be, and they are hereby authorized and directed to issue a permit to City Gas Company of Florida for the proposed ,construction of a gas transmission main from a 3-inch gas main originating from a point near the intersection of S.W. 8 Street and S.W. 63 Avenue, along a route outlined in the attached drawing entitled "City Gas Co. Proposed Routing of 3" G.M. in the City of Miami to Serve Holiday Inn",and terminating at a point just north of the City limits, west of N.W. 57 Avenue, said Agr.eement and drawing being attached hereto and by this reference made a part hereof as if fully appearing herein. Section 3. That the proper official of the City of Miami be, and he is hereby directed to file said Agreement in the Public Records of Dade County, Florida. PASSED AND ADOPTED this a day of JkInrerIIoEAL11973. PREPARED AND APPROVED BY: REVIEWED BY: 8'. orris tfrner Assistant �it At torney ttorney John S. Lloyd Assistant Director of Law APPROVED AS TO FORM AND CORRECTNESS: Alan H. Rothstein City Attorney -2- Inn AGREEMENT !a THIS AGREEMENT made and entered into this ✓ Al' day of ,rycfs / A.D., 1973, by and between THE CITY GAS COMPANY OF FLORIDA, erfein- 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 3-inch gas transmission main from its existing gas main in West Miami, extending along a route beginning at the centerline of S.W. 8 Street; thence north along S.W. 63 Avenue and N.W. 63 Avenue to Tamiami Canal Road; thence eastwardly along Tamiami Canal Road and N.W. 7 Street to a point opposite the centerline of a 15 foot easement along the west line of TRACT "A" of AIRPARK PLAZA, as recorded in Flat Book 92, at Page 3,, of the Public Records of Dade County, Florida, 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. Proposed Routing of 3" G.M. in The City of Miami To Serve Holiday Inn", upon issuance of such permit by, City that this rig;ht is riven under the existing, street right of way within The City of Iiiami. NOW, THEREFORE, in consideration of the issuance of a permit tc install a gas transmis„ic'n main along the aforementioned route withi; the street right of way within The City of Niami, CITY GAS hereby; s'ree: to the folio; inr terms: 1. That tht [''';'.it i._,':ue'o for tree c(:;h;.,r'uc iDn of the elor`ciCt:. mission main snail remain in effect for an indefinite period effective / from the date of issuance except that the Commission of:,,7he City of '41" Miami shall have the rikht to require the termination/of the said gas transmission main at anytime it elects to do so, subject to giving at least ninety (90) days advanced notice to CITY GAS. 2. That the said gas transmission main will not serve any customers within The City of Miami. 3. 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 Ras transmission main or any part thereof. 4. That CITY GAS agree.: to hold CITY harmless from and: liability established by law ar! ing out of the granting of this Agreement, and ',c- defend, or cause tc se defended, any action brought against CITY in connection herewith; and to furnish to CITY a liability insurance policy in the amount of .!.-1 �.:,C)Jc ". 1,03O,O00 and property darn:a e in the amount of w'5u0,`Ju6 iu :!ch 2 i'Y named as additional insured, at no cost to CITY. Said insurance r.ollcy shall contain a clause giving CITY at least thirty (40) day advanced written notice of any change or cancellation thereof. 1 2" l% O s S41) ; 125() AGREEMENT .{n THIS AGREEMENT made and entered into this 6' day of ,r e-s. A.D., 1973, by and between THE CITY GAS COMPANY OF FLORIDA, eiein- 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 3-inch gas transmission main from its existing gas main in West Miami, extending along a route beginning at the centerline of S.W. 8 Street; thence north along S.W. 63 Avenue and N.W. 63 Avenue to Tamiami Canal Road; thence eastwardly along Tamiami Canal Road and N.W. 7 Street to a point opposite the centerline of a 15 foot easement along the west line of TRACT "A" of AIRPARK PLAZA, as recorded in Plat Book 92, at Page 35, of the Public Records of Dade County, Florida, 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. Proposed Routing of 3" G.M. in The City of Miami To Serve Holiday Inn", upon issuance of such permit by City that this right is :riven under the existini- street right of way within .The City of Miami. NOW, THEREFORE, in consideration cf the issuance of a permit to install a gas tran,miscicn main along- the aforementioned route within the street rixrnt of wad, within The City of Miami, CITY GAS hereby ac.rees to the following- terms. 1 . l ti. or iA— of., he .. ..ran - mission main shall remain in effect for an indefinite period effective from the date of issuance except that the Commitis ion of tlie City of • --�'. Miami snail have the rit,ht to require the terminaticnjof the said gar' transmission main at anytime it elects to do so, ti,ui.,,ect to triving at least ninety (90) day:- advanced notice to CITY GAS. 2. That the said Etas transmission main will not serve any customers within The City of'Miami. 3. 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. 4. That CITY GAS ai rees to told CITY harmless from any liability established by law arisinc 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 y15O,000i $1,000,000 and property damage in the amount of $500,00G in which CliY is named as additicnal insured, at nc, cost to CITY. Said insurance policy shall contain a clause giving CITY at least thirty (30) days advanced written notice of any chane or cancellation thereof. - 1 - Forts S-3507 tad Rev. Printed in U.S. A. 3-'57 Assistant Secretary a r r 8467 : 1.251 5. That CITY GAS shall construct and m, stain street crossing in accordance with the standards of the State F.,au Department and CITY, and to furnish CITY with a five year Plaint;enance 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 transmission main. 6. 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 construction of the gas transmission main as authorized herein and said plans shall be subject to the approval of the Director of Public Works. 7. CITY GAS shall submit tiie Department of Public Works six (6) sets of said plan: cf the p..1csed gas transmission main system for checking, review and at crc.vai of :aid Department before a permit is issued. 8. 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. y. 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 book: shall shop, sufficient ties with the various street monument line: to enatle the e;ao transrnis,sion main to be accurately located in plan and stow _lso ground elevations and the elevations of the top of the gas transmi_sicn main at each change in vertical direction and t-o elevation ..f ..l ot_. uz.erg "un .,:i1_t_ - ,.a C.:C1 ,r�_a ,��1 �; uncovered luring the construction of said gas transmission main. 10. CITY GAS shall relocate, remove, extend or abandon, at its own cost and expense, sail gas transmission main if the Department of Public Works determines that this is necessary or advisable. 11. CITY GAS shall obtain from all other governmental agencies the required approval and permits for the construction and connection of this gas transmission main. 12. That CITY GAS shall a,sume all re.-bcrn itility for any damage to existing underground structures, such as •anitary and storm sewers, gas and water mains, electrical or telephone oaUl s, nr any other facility located in the path of tiie construction of the proposed gas transmission main resulting from the construction or operation Of :aid gas transmission main. 13. Imposition of a charge upon CITY GAS commensurate with that imposed on other gas utilities offering, the 'same service within the City of Miami. 14. Any Amendment to the existing franchise with Florida Gas- Company deemed necessary to effectuate the terms of this Agreement must be 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 alonf" the aforementioned route. runs eraser asp swr.Printed In U.S. A. 3-'57 Assistant Secretary ?EC Gi 4 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 set forth above. Witness CITY GAS COMPANY OF FLORIDA i , - Witness Secretary Corporate Seal STATE OF FLORIDA ) COUNTY OF DADE ) • I HEREBY CERTIFY that on this 3 day; of tgu-o�r..o9� , A.D. , 1973, before me personally appeared S. W. Langer �V/ 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 foreoing instrument as such officers and severally and jointly acknowledged ed the execution thereof to be their free act and deed as ouch officer:_ for the uses r.nj purrcses therein ' ontic'ned 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 of Florida, the day and year last aforesaid. I YUHit;.. STA1f of ftn!frnA at rAa'•E MY COMMISSION EX?i'2'.S Tr?i. 11, 197 bGrfJt:- 1ffuLr .t i!'i:i I':jUhr•i'.1:� !' r.CicYttllrl "'My Commission Expires APPROVED AS TO FORM y. Atto ney tillUrr!', ` • j� ti .i ••• N \l ••• s '.. • L� Notary Public, tate of ; c icia Lt jarge •.• C . �•'• . �......•�•c�- c.•K 1i...'i, • ORREC'rNES•S APPROVED AS TO DESC5IPTION �f= .'1rector, Department of Public Works This Instrument Prepared t ', Anthony C. Bacotti Department of Public Works City of Miami, Florida - 3 - Form S•3507 Sad Rev. Printed in U. S. A. 3.'57 / V Assistant Secretary 0 4 On., 7), • •••114,. • .4-74 Ant 447 S '41ii 125 A.AGeJa .5i Akze 17•49-Cer- st. t„ 0* 00 • IA • ... tilirptrZ ra 5.4opp/i-", Ce/per tt, 6.1,1,14 et' NMI t.• tAnt rocs.. b 'Ott,. IL( 0.11 4 Flp P. BRINKJ (111 4Cji( t_ov * • ei Y GA5 CO. 6.?5-73 Scale 11= C,00* e•-3-opeNsaal . M 4.14 .1. "A ecori/ei9 4444- Me C.49 a/WA:vv. l/nioev , ! P(l`•;r) _ 111911 30 s MAINTENANCE PERFORMANCE BOND Amount: KNOW ALL MEN BY THESE PRESENTS, That we, CTTY ri,S !'0717,,, V nr rt.rPrn,, as principal, and Tyr, !`.,', t,.tj.,;l ,,rr^ rT .'.�'^ ., ;� T' {•r"' r ,�' .. as surety, are held and firmly boun a - to THE CITY GF :.:yA;::I, FLORIDA in the sum of Dollars ;� :' �'i)"? • ) , 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 :er:o and conditions of the Covenant to run with the land dated August 3rd, 1973 governing ''I':''r:That City Gas shall 111) construct and maintain street crossing in accordance with the standards of the State Road Department and City, and guaranteeing the maintenance and repair to the satisfaction of the Department of Public Works of any faults or excessively settled area which may develop is any oit1h» ar4>a abovo ti a tr 4 's' gac rransmicci cinaicate work- co oe 1:,eriormecc) to ,:•e performed by the principal, including. the posting o2 m _ on ar ce per ,' orma::ce bond, as provided in said Covenant; and ,;::..:ARE S, the principal is required to obtain a backfii_..2bnch compacted as to result in only minute settlement; and WHEREAS, to insure that e City sh11 suffer no loss thro-.:ch __ucnt pavement failure, the principal shall post a Dollar ( . ':) ) maintenance ._sfor::.ance bond cu:aranteeing for five (5). years from the date the work is fully completed that the principal will repair, in accordance with the latest City of 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 Form PW #233 2/72 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 elµ") inch up or down from a straight- edge placed transversely across the patched trench. Any cracks larger than one -eighth (1/8") inch ir, width will be considered faults; and V:HEREAS, the City shall have the Authority to direct the principal to make any necessary pavement repair_; 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 AND DELIVERED, this '' day of 19-7 . Witness Witness flY By: C5EAL) . t , Surety By: , �,, \._ Attorney -in -Fact Approved as to Form and Correctness • :s- Attoin ej 02E ,.:er_Lver the =r_._c_pal or Surety is a corporation, _., sh- ive the State of its organization and should be sip :ed president ar_�. attested to by the secretary. In a ._ triers__- p, the name o e company should be designated as a ; art= ersn and the partner signing should be designated as a partner ...der this signature. (Attach this Bond to the Covenant) Norm P\V #2 33 2/72 ;3, Hartford cident and Indemn. y Company IIARTFORD. COtititCTICUT POWER OF ATTORNEY Know all men by these Presents, 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 .\ttnrnev s;-in-fact, with full power and authority to each of said Attorney(s)-in-fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other tt•ritings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of p •rsons holding places of public or private trust : gtiar;trrtecing 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 stun of TWO HUNDRED THOUSAND DOLLARS ( $200, 000 . 00 ) each, and to bind the 11.\1'I'I (►kI) .\Cl'ID1:\"f .\ NI) INI)1:\i\I'I'Y ('t)\1I .\\\- thereby as full' :tad to the same extent as if such bonds ,ntt1 underr.Ikines •tad other Ntriting- obligatory in the nature thereof acre signed by .i'i Executive Officer of the I I.\k"I El WI) :\(•(' I I ►1.-.N T .\ NI ) I \ I )I :\1 N I l'Y CO\I l':\\ Y :mil sealed and at tested by one other of such ntficers, and ratifies and confirm- it'll that it: said :\ttnrne\'1st-in-fart nt.t\- do in pursuance hereof. This poo.\er of at tot is granted uncicr ;aril b\ •tuthorit'. of the ►ollm\ing I3-1.,(tt' adopted I\- the Stnckholdcrs 01 the II.\k I'I'OI�I) .\('t'ij)IA I ANi) INI)I:\iMTV (' )\IPAN 1" ;it :t meeting duly e,tlletl ;Ind held nu the 1111h tl,iv of relru•tr\, 1943. .11:IIt'Li. I\ �I I' I It t\ s I he „r any Vice- i•n-idtnt. at tin; ttirh .utt `;errerarc „r .\--i-t.,nt tic, ret.trt, -hall it•rte p„tree ,un1 auth„rite t„ alt..int. 1 ; H.; ;t!t ,q , .. r n; ., : ! .1'1. -r:;r, 1„ :„i- and ;nnlert.tl:iu,- ,,n,i ,thee ttritinc „h!i at„ry in the nature t}ten•,.t• "tic „r nu,re \ i" I';, -i,l, ke-u!, i t \--' . • ., (aril - •it i .\tt„rnr t --in-tart and at any tint, Inn mute any •urh Itt -ideal \ ier-i're idea(, Ilt.i jtnt .\.-t-toot 1, r tart, r .\tt• ;u t-it-f:u t. and ref Ih,• r+„toCr and .u;tb„rite 141een ttt hint. !,1.1' HI )\ 11. Ut„ern t,- n•Lt t -h t!! h.nt• l • ot. and •utth„rift. -uhict t 1„ the reran and litnitati„n- of the p(ittcr «f .ut,,rnty i sued Ut .tad ,it lit, I.• ;.:�` ,., '!n 1,.:�:;t.�ti•. .utni t„ ,ttt.0 h rht• -gal „f the („nitt.en• (beret„ any awl all It„nd> ;ut+! undert.tkinc,, and ',it,.tt ! L;•, ,:r a in-'t 1tntrnt t �trtit, 1 In' ,un' ...Ili 11 .\tt,,rnn•y-in-1,l t -hall he .t, binding up„n the �.rn i..,, ::(ite t )tt,( i.•, ,thrr This pm\c•r of attortic and facsimile uncicr and h} the authority of the follott'ing Resolutinrt adopted I\ the I)ire,tor-of the II.\k"I•I OR1) :\C('il)i:\•f .\N1) I\1)i:\i\ITY ('(►\11'.\N\- at ,t meeting duly called and held on the 13th the of \l.in h, 195(t. i i; I )I.\'I:I t. that. tt hetea- tln• 111, -1,11111 „r any \ice-I're-idea(, artin� tt ith any Secretary „r .\.-i Lust Serr'ct.tn-, h.t, the itutt•er and auth„rite• iv a p•,tcer „1 .ttt„rnet ...r l; :; },„.,•- ,,nlv "d ev curia; .unl .ttte.tin; i "n l- an,l it rt,tkin - and „ther „hligat„n• in the nature then ,1, „ne „r nn re Ia i 1, nt Nice •l'r,•-i,i,•nt-..\--i-t•utt ti,• ret.uit- ,utd .\tt„rage -in-tart: „v, the•eh•re the ,i�n.ttun - „t -urh „Ihrer- and tht• -e,tl 4,1 the („nti,•rnc ntay hr ,tltiany -.nil p„tier „f .ttt«rnet «r t„:rn\ rertlt t.tir eel;uin three(„ il\ far-inti!e, .uut •toe -u, h 1/„tier „t att ,rnet •.r e, rtittra'e he,rrint •itch fag iniil+ icn.ttnre- „r lag ionic -cal "hall he t.tlid and hindin ult„rt the ('„ntp•un and ;rat -ui 11 1, ,tt, r ,-\t ur, i alto' , r•r;iiietl I,t 1.0-iniile-;nt+ur, -and tar,nrile -t,tl -hall he t.rliil and hinting r,ir„n the (•. ti:•,.i•,• r (f,,. 1'i ire tt:'I; t }„• n. i ..u! n uhi h t' 1- at+.trite l In «'itness «'hereof, the H:\R"I•I'( )1:I) .\C('II )I:\'I' .\Ni-) I NI)1:\1 \ ITV ('( )\i i'.\NY 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 22nd day of .\pril, 1957. .\lie-t Set r, M rt' S"I"ATE OF ("O\ \ I:(' I•I lt •"I', SS. HAR-I•FtRD .\('r11)1:N I' :\NI) INI)I•:\I\1.1'1' • It :cG<<c a_c lire-1'"eside:f COt"\'I 1' O1' I I.1R I'l( )kl ). On this 22nd day of .April, .1. I). 1957, before me personally rants \Vitt. H. Wallace, to Inc known, t‘iho being by me duly sworn, did depose :utd say: that he resides in the Count \ of H.trtfor•d, State of Connecticut; that he is the Vice - President of the HARTFORD :\(-('IDL\"I' AND INI)1:\IN1"11' CO\IPA\\ , the corporation described in and which executed the above irt,trument; that he knows the seal of the s:tid corporation; that the seal affixed to the said instrument i, such corporate seal; that it ‘.,t, ,o ,tfftxt•d by order of the 13n,irtl of I)irectnr, of said corporation and that he signed his name thereto by like order. sTATL OF (')NNE('T!('t r, "Itrev-P _oertft..L • ss. .•' Notary Public ('01'\'C1' OF I I:\k"1"FORD, .1fy commission expires .Varch 31, 1962 CERTIFICATE 1, the undersigned, Assistant Secretary of the HAR"1'F0R1) .\CCII)EN 1' AND 1NDE\INITY ('O\1PAN Y, a Connecticut Corporation, I)t) liERt:lit' CERTIFY that the foregoing:uul attached i'O\\'ER ()I: Ark ORN[1' remains in full farce and has not been revoked; and furthermore, that Article IV, Sections 8 and 11, of the 13y-l.:tws of the Com- pany, and the Revolution of the I3oard of Directors, set forth in the Power of Attorney, is now in force. Signed and sealed at the City of Hartford. Dated the Form S-35(17 2nd Rev. Printed in U.S. A. 3 '57 clay of 19� Assistant Secretary