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HomeMy WebLinkAboutR-43133: `! / RESOLUTION NO. 9j/j'3 A RESOLUTION ACCEPTING A COVENANT TO RUN WITH THE LAND DATED DECEMBER 21, 1971, FROM MR. AND MRS. DAMIANO, AND AUTHORIZING ISSUANCE OF A PERMIT TO CONSTRUCT A SANITARY SEWER FORCE MAIN. WHEREAS, Mr. and Mrs. Damiano are the owners of the property at 550 N. W. 42nd Avenue, on which they propose to construct a three-story office building; and WHEREAS, in order to obtain sanitary sewer service, it is necessary for the owner to construct a temporary sanitary sewer force main to an existing interceptor on N. W. 9th Street at N. W. 44th Avenue, and to that end he has requested a permit to construct a temporary force main and has submitted a Covenant to Run with the Land which contains all of the customary protection for the City of Miami, including insurance which will hold the City harmless; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the Covenant to Run with the Land dated December 21, 1971, from Victor A. Damiano and Emily C. Damiano, his wife, be and the same is hereby accepted and ordered to be filed in the Public Records of Dade County, Florida, a copy of said Covenant being attached hereto and by this reference made a part hereof. Section 2. That the proper officials of the City of Miami be, and they are hereby authorized to issue a permit tt,R, t for the construction of a temporary sanitary sewer force main from the property of Victor A. Damiano and Emily C. Damiano, his wife, located at 550 N. W. 42nd Avenue, to the interceptor force main located on N. W. 9th Street at N. W. 44th Avenue. PASSED AND ADOPTED this day o1972. PREPARED AND APPROVED BY: Larry J. Hirsch Assistant City Attorney REVIEWED BP Jack R. Rice, r. Assistant to Direct APPROVED AS,4 72R 3344 '72 FEB ' rq A t'N 1 , 110 Ec 7561 ro 961 COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this 21st day of December A.D., 1971, by and between VICTOR A. DAMIANO and EMILY C. DAMIANO, his wife parties of the first part and hereinafter called OWNER, and THE CITY OP 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, VICTOR A. DAMIANO and EMILY C. DAMIANO, his wife are the fee owner of the following described parcel of land, located at 550 N.W. 42 Avenue, and more particularly described as follows, to wit: Lots 7, 8 and 9, in Block 2 of Golf Course Park, according to the Plat thereof, recorded in Plat Book 43, at page 3, of the Public Records of Dade County, Florida; and WHEREAS, the OWNER proposes to construct a 3-story Office Build- ing at 550 N.W. 42 Avenue, and has requested from the CITY a permit to construct, operate and maintain a temporary 4-inch sanitary sewer force main to provide the aforesaid Office Building with sanitary sewer service, Including all of the necessary pipes and appurtenances under the surface of certain streets and avenues in the City of Miami as hereinafter designated, and connect to a 54-inch sanitary sewer interceptor force main as provided by the Department of Water and Sewers of the City of Miami; and WHEREAS, the OWNER will operate and maintain said sanitary sewer force main system in such a manner that the sewage from said office building will flow through said force main and be discharged into the sanitary sewer interceptor force main of the Department of Water and Sewers of the City of Miami on N.V. s9" Sheet -a - '.Avenue4 NOW, WHEREFORE, in consideration of the premises and benefit; which will accrue the OWNER from the construction, operation and maintenance of said sanitary sewer force main system through, across, along and under the surface of certain streets and avenues 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 a temporary sanitary sewer force main, including the installation of necessary pipes and appurtenances under the surface, and/or along the following specified route: From the proposed pump station located on the OWNER'S property at 550 N.W. 42 Avenue to N.W. 6 Street, thence run westerly along N.W. 6 Street to N.W. 43 Avenue, thence run northerly along N.W. 43 Avenue to N.W. 9 Street, thence run westerly along N.W. 9 Street to a point of connection with the 54-inch sanitary sewer interceptor force main at N.W. 44 Avenue, in accordance with approved plans filed in the Department of Public Works; and 2. The OWNER shall submit to the Department of Public Works plans for approval prior to the construction of said sanitary sewer force main and a complete set of "AS BUILT" plans after construction of this force main has been completed, said plans and specifications to be prepared by a Professional Engineer, registered in the State of Florida; and g 3 RAG 7567 pr, 962 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 force main 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 force main; and 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 sanitary sewer force main or any part thereof, and in the event of damage to the force main, 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 operate and maintain said force main 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 Public Works of the CITY; and 6. The OWNER shall 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 $ 2,000 to guarantee the main- tenance and repair of any faults or excessively settled or sunken areas that may develop in any area above the trench of said sanitary sewer force main to the satisfaction of the Department of Public Works; and 7. The OWNER shall disconnect said temporary sanitary sewer force main, and reconnect the sanitary sewer outfall from the Office Building to the new sanitary sewer system to be provided by the CITY to serve this property as a part of a future sanitary sewer assess- _ ment district, and upon written request of the OWNER, the CITY will by resolution and instrument release the said Covenant To Run With The Land which has been signed and executed by the OWNER; and 8. The OWNER shall accept special assessments and pay the pro- portionate part of the cost for the construction of a sanitary sewer improvement abutting this property, whenever the CITY extends the sanitary sewer service in this area; and 9. The OWNER shall relocate, remove, extend or abandon at its own cost and expense said sanitary sewer force main, when and if the Director of the Department of Public Works determines that this is necessary or advisable; and 10. The OWNER shall obtain from all other governmental agencies the required and necessary permits and approval for the construction and connections of said sanitary sewer force main; and vie 11. 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 com- prehensive 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) 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 7) a !. • . PTC 7567 Pc 963 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 12. The OWNER agrees that the right to use the CITY'S avenues and streets herein designated for the construction, operation and maintenance of said sanitary sewer force main 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 said Parties of the First Part do here- unto set their hands and seals the day and year first above set forth. WI_ NESS : aO±L.,,„„ STATE OF FLORIDA ) COUNTY OF DADE ) a.24.4.2,...4.44. (SEAL) VICTOR A. DAMIANO a0A ,/„:0060 (SEAL) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledge- ments, VICTOR A. DAMIANO and EMILY C. DAMIANO, his wife to me well known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. My Newenrimaitisrm liscpdsoast URGE MY COMMISSION EXPIRES AUGUST 26. 1979 BONDED THRU FRED W. DIESSfELHORST Notary This Instrument is Executed Pursuant to Resolution No. 43133 Passed and Adopted January 6, 1972 AP ROVED AS TO FORM AND CORRECTNESS APPROVEp. S TO IMF Y1TION s Director, Dept. of Public Works v This Instrument Prepared by Charles R. Chevalier, Jr. Department of Public Works City of Miami, Florida ° V :_ I3/ 33 116114.0 Akan ' h