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HomeMy WebLinkAboutR-43134'i RESOLUTION NO...3 _13 451) A RESOLUTION ACCEPTING A COVENANT TO RUN WITH THE LAND DATED DECEMBER 6, 1971, FROM THOMAS DAVIDSON III, AS TRUSTEE, AND AUTHORIZING ISSUANCE OF A PERMIT TO CON- STRUCT A SANITARY SEWER FORCE MAIN. WHEREAS, Thomas Davidson III, as Trustee, is the owner of property at 6150 West Flagler Street, on which there is an existing apartment house complex known as Majestic Apart- ments; and WHEREAS, the owner desires to connect to a sanitary sewer which can only be accomplished by said owner construct- ing a temporary sanitary sewer force main to an existing inter- ceptor on N. W. 3rd Street at N. W. 62nd 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 6, 1971, from Thomas Davidson III, as Trustee, be and the same is hereby accepted and ordered to be filed in the Public Records of Dade County, Florida, 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 «y nr),..rfx/ r)r--(*. �.. �. c.. . i { I. t it L FrEm t ' a permit for the CITY CC4,17 1'f. icm Mi EE iNG OF JAN6 1972 RERM.UTA )! construction of a temporary sanitary sewer force main from the property of Thomas Davidson III, as Trustee, located at 6150 West Flagler Street, to the interceptor force main located on N. W. 3rd Street at N. W. 67th Avenue. PASSED AND ADOPTED this 6 day oo 1972. PREPARED AND APPROVED BY: Larry J. Hirsch Assistant City Attorney REVIEWED BY: Jack R. Rice Assistant to APPROVED AS TO 1'ORM tl t Al t R- A Ate ney Jr. Direct 7 R 58 '72 litiRI•o P11 I. 3 7614 51 COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this 6th day of December, A.D., 1971, by and between THOMAS DAVISON, III, as Trustee, 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, THOMAS DAVISON, III, as Trustee, is the fee owner of the following described parcel of land, located at 6150 West Flagler Street, and more particularlydescribed as follows, to wit: All of the W.F.H. Subdivision, according to the plat thereof, as recorded in Plat Book 85, at Page 14, of the Public Records of Dade County, Florida; and WHEREAS, the OWNER has an existing apartment house complex, known as the MAJESTIC APARTMENTS, built upon this property, 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 apartment house complex with sanitary sewer service, including all of the neces- sary 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 MAJESTIC APARTMENTS will flow through said force main and be discharged into the 54-inch sanitary sewer interceptor force main of the Department of Water and Sewers of the City of Miami on N.W. 3 Street at N.W. 62 Avenue; NOW, THEREFORE, 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 to be located on the OWNER'S property at 6150 West Flagler Street to S.W. 62 Avenue at a point south of West Flagler Street thence run northerly along S.W. 62 Avenue, across West Flagler Street, and continuing along N.W. 62 Avenue to a point of connection with the 54-inch sanitary sewer interceptor force main at N.W. 3 Street, 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 and specifications 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 s -fi . lltL. DOCUMENT 143/3 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 apart- ment house complex to the new sanitary sewer system to be provided by the CITY to serve this property as a part of a future sanitary sewer assessment 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 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 uocu,4 pEN 3 },. 111.Y111I I .I I11•1111nn 1 1 1 VAL 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 OWNER has caused these presents to be executed and signed in his name the day and year first above set forth. Signed, Sealed and Delivered In the Presence of: 1,1 Alt-c44.-Cer STATE OF FLORIDA ) COUNTY OF DADE ) /r? (SEAL ) `"THOMAS DAVI ON, III, as Trustee I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledge- ments, THOMAS DAVISON, III, as Trustee, to me well known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Coral Gables, County of Dade and State of Florida, this 6th day of December,A.D., 197 . My Commission Expires: .WTARY p;;tiUC. biAiE Iie f! sit{wt AI L. . MY I OMMtS ON�EXMI P.IRWS AUG. 3. 19/2 This Instrument is Executed ciA1 9( Pursuant to Resolution No.--45134 Passed and Adopted January 6, 1972 Notary APPR• ED,AS TO FORM AND CORRECTNESS APP City At Publictit • ILI '' •"••••.N •••p •�' Yi: r; 1 f_. AS T t‘. CRIPTION Director, Dept. of Public Wor This Instrument Prepared by Ernest C. Geiger Department of Public Works City of Miami, Florida - 3 - Vow ,8 8; • 5U1/15 (Etl. 2-ee) this i5 to Certify, that policies in the name of T Thomas Davison Ilia as Trustee 6150 lest Plaster St. Miami, Florida 33144 NAMED INSUURRED ad ADDRESS CERTIFICATE OF INSURANCE 1 are in force at the date hereof, as follows: ' THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. KIND OF INSURANCE POLICY NUMBER POUCY LIMITS OF UABILITY PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION Eff. Exp. Provided by Workmen's Compensation Law of NIL —State COMPREHENSIVE GENERAL LIABILITY Eff. Exp. $ , 000 Each person $ , 000 Each occurrence $ , 000 Aggregate $ , 000 Each occurrence $ , 000 Aggregate MANUFACTURERS' AND CONTRACTORS' LIABILITY Eff. Exp. $ , 000 Each person $ , 000 Each occurrence $ , 000 Each occurrence $ , 000 Aggregate OWNERS', LANDLORDS' AND TENANTS' LIABILITY 60 20 70 54 Eff. 11/2/71 Exp,11/2/74 $ 100 , 000 Each person $ 300 , 000 Each occurrence S 31)D , 000 Each occurrence $ 3) , 000 Aggregate CONTRACTUAL LIABILITY Eff. Exp. $ , 000 Each person $ , 000 Each occurrence , 000 Each occurrence $ , 000 Aggregate AUTOMOBILE LIABIUTY Eff. Exp. �$ , 000 Each person >$ , 000 Each accident $ , 000 Each accident ■ Owned Automobiles II Hired Automobiles II Non -Owned Aatemsbiles COMPREHENSIVE AUTO- MOBILE LIABILITY Eff. Exp. $ , 000 Each person $ , 000 Each occurrence $ , 000 Each occurrence OTHER: Eff. Exp. In the event of any material change in, or cancellation of, said policies, the undersigned company will endeavor to give written nctice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company. Dated: 1/20/72 CERTIFICATE ISSUED TO: City of Miami NAME Department of Public Works ADDRESS P. O. Box 706 L Miami, Fla. 33133 Name of Company: en;Insurance Company AUTHORIZED REPRESENTATIVE Searle 8 Mors q-3/sje Yf 440 �1�f D��`�1D• • ;IND.ER SEARLE & MORRIS INSURANCE 113 ALMERIA AVENUE CORAL SABLES, FLORIDA 33134 TELEPHONE 443-2553 1972Amen Nth In consideration of the stipulations and conditions contained in the policy to be issued, this is to certify that Assurer! Addrer MOM DAVISON, III, es toasts' 6160 Isst Plegler $ .str-Mies!,. Plod& 23144 Is insured for an amount not to exceed From.. Jemmy aDth, 1972 see limits baler To Wanes of endorsement The insurance granted by this binder shall apply as follows: lsdily Wary Liability • 10000,000 Paopsety Desisgi Liability 50,000 iltss City of Muni • see Covenant dated the 6th day of Desembers 1974 between Thomas Davison, Iti, as Trustee, and The City of Miami) Type of Coverage Company MaltirPesil Apartment Pasltage Policy Lumbermen* Mabel Inswzsnss co., Policy 60 20 90 54 V/3y „ xAg tv - Memo MAINTENANCE PERFORMANCE BOND Amounla $2,000.00 KNOW ALL MEN BY THESE PRESENTS, That we Thomas Davison, t T T, Tr» of on as principal, and United States Fidelity and Guaranty Co. as surety, are held and firmly bound 1-nto THE CITY OF MIAMI, FLORIDA in the sum of Two Thousand Dollars ($ 2 000.00 ), tor 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 terms and conditions of the Covenant to run with the land da;ed Dgcember 6. 1971 governing the installation, operation and maintenance of sanitary sewer force main - S. W. and N. W. 62nd Avenue, from south of west Flagler Street to N. W. 3rd Street providing Sanitary Sewer Services to the A artment Buildin 6150 West Fla ler St., Miami, Fla. (Majestic Apts Indicate work to be performed) to be performed by the principal, including the posting of a a:a�..zenance performance bond, as provided in paid Covenant; ani WHEREAS, the principal is required to obtain :1 backfillac. zranch so compacted as to result in only minute settlemen;; and WHEREAS, to insure that the City shall suffer no loss though sub- ;:,;quent pavement failure, the principal shall post a Two Thousand Dollar ($ 2,000.00 ) maintenance performance bond guaranteeing for two (21. years from the date speci- fied in the Covenant 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 1233 6/65 UieG —:SI litiC DUCUMEE T • L - ; �n in €he County —or value WHEREAS, the patched surface shall not show at the time of con- struction nor within any time covered by this guarfntee, a vertical deviation greater than one-fourth 04") inch up or town from a straight- edge placed transversely across the patched trench. Any cracks larger than one -eighth (1/8") inch in width will be consic:ered faults; and WHEREAS, the City shall have the Authority to direct the principal to make any necessary pavement repairs at his own Expense and if the principal fails to make the necessary pavement repE.irs when so directed, the work will ue done by the City and the costs of said work will be charged against the maintenance performance bond. NOW, THEREFORE, the condition of the following: 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 12th day of January i9 72. (SEAL) By. Thomas Davison, III, as Trustee (SEAL) Witness/ Wihess Ann Kasay, Surety Secretary United States Fidelity and Guaranty Coe. By: Robert L. Searle, Approved as to Form and Ccrrectnem City Attorney Surety Attorney -in -Fact NOTE: 'Whenever the Principal or Surety is a corporation, it should give the State of its organization and should be signed by the president and attested to by the secretary. In a partnership, the name of the company should be designated as a partnership and the partner signing should be designated as a partner under this signature. (Attach this Bond to the Covenant) Form PW #233 6./65 - 2 - "SUPPORTWE DOCWIENT TO: f59 in the County of Dane CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 74897 Know nit Men by these f'resentst That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert L. Searle, R. 11. Marshall and R. .1. Haefele of the City of Coral Gables , State of its true and lawful attorneys in and for the State of Florida Florida for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever Ibti)ii1Qi[ anyone of the said Robert L. Searle and the said R. 11. Marshall and the said R. S. Haefele may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 25th clay of July , A. D. 19 62 UNITED STATES FIDELITY AND GUARANTY COMPANY. (SEAL) STATE OF MARYLAND, BALTIMORE CITY, } SS: (Signed) By R. A. Bolin Vice•President (Signed) Frieda :~'alter Assistant Secretary. On thin 25th day of July , A. D. 1962 , before me,personally came R. A. Bolin , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Frieda Walter , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said R. A. Bolin and Frieda .Palter were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor• poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora. Lion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first 1M7te EIX29CXXXXX Monday in May, A. D. 1963 (SEAL) STATE OF MARYLAND } BALTIMORE CITY, I, James F. Carney , Clek of the Superior Court of Baltimore City, which Court is a Court of Record, and her a seal, do hereby certify that Anne A. O'Brien , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 25th day of July , A. D. 19 62 votig trivE_Doci dares F. Carney Lt.. C. Clerk o/ the Superior Court of Baltimore City. (Signed) Anne M. O'Brien Notary Public. (SEAL) FS3 c4i) Set. c'.2.7. 3 3V YO in the County of Dade