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HomeMy WebLinkAboutR-43161LanW1 PHtC;ER4 M1 1; i72 z/ti slA40 Ps We 32 RESOLUTION NO• 0/11 A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED DECEMBER 15, 1971, FROM ALDO RODRIGUEZ AND MARTINIANO_RODRIGUEZ; AND AUTHORIZING THE ISSUANCE OF A PERMIT TO CONSTRUCT A TEMPORARY SANITARY SEWER FORCE MAIN. WHEREAS, Aldo Rodriguez and Martiniano Rodriguez own the property at 4370 N. W. llth Street on which they propose to construct a 28-unit apartment house complex; and WHEREAS, in order to occupy the apartment house complex, it is necessary that sanitary sewer service be provided by constructing a temporary sanitary sewer force main from the property to the City's 54-inch interceptor at N. W. 44th Avenue and N. W. 10th Street; and WHEREAS, Aldo Rodriguez and Martiniano Rodriguez, under date of December 15, 1971, have executed a Covenant to Run with the Land containing all of the customary guaranties protecting the City of Miami, and it is now in order for the City to issue a permit for the construction of said temporary sanitary sewer force main; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That the December 15, 1971, Covenant to Run with the Land executed by Aldo Rodriguez and Martiniano Rodriguez be, and the same is hereby accepted, a copy of said Covenant being attached hereto and by this reference made a part hereof. f ccr„ r.i • LJ 1.`C.. rV fY ` q.f. ., ...0s, MEN.I}!3f.: JAN 2 01072 imuunoti tag., ,, .'. asn. Section 2. That the proper officials of the City of Miami are hereby authorized, and directed to issue a permit to Aldo Rodriguez and Martiniano Rodriguez for the construction of a temporary sewer force main from the property at 4370 N. W. llth Street to the City's 54-inch interceptor sanitary sewer force main at N. W. 44th Avenue and N. W. loth Street. PASSED AND ADOPTED this day of 1972. PREPARED AND APPROVED BY: Larry J. Hirsch Assistant City Attorney REVIEWED BY: Jack R. Rice, Jr. Assistant to Director APPROVED AS Tf F»RM AND Alan (,tot City torney 7- '72 FED , q 7R R z6807 Pit 56 rig 7555 fig 310 COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this 15th day of December A.D., 1971, by and between ALDO RODRIGUEZ, a single man, and MARTINIANO RODRIGUEZ, joined by his wife BENITA RODRIGUEZ, parties 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, ALDO RODRIGUEZ and MARTINIANO RODRIGUEZ, as tenants in common, are the fee owners of the following described parcel of land, located at 4370 N.W. 11 Street and more particularly described as follows, to wit: Lots 7, 8, 9, 10, 11 and 12 of Block 10 of PARKER CHESTER TERRACE, as recorded in Plat Book 18, at Page 79 of the Public Records of Dade County, Florida; and WHEREAS, the OWNER proposes to construct a 28 unit Apartment House Complex at 4370 N.W. 11 Street, 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 sani- tary sewer service, including all of the necessary pipes and appurten- ances 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 Apartment House 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.W. 44 Avenue at N.W. 10 Street; 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 located on the OWNER'S property at 4370 N.W. 11 Street to N.W. 44 Avenue, thence run southerly along N.W. 44 Avenue to a point of connection with the 54-inch sanitary sewer interceptor force main at N.W. 10 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 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; and RvsiJ It • t • rr F��c 7555 PC 31.1. 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 ;)y 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 $ 1,000 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 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 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 ._ i:�__t';iLi'z 141, 7555 PG 312 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. WITNESS: STATE OF FLORIDA ) COUNTY OF DADE ) AS TENANTS IN COMMON (OWNER) A.,,A4 (70, LDO RODR UEZ (SEAL) / . �' -��"' ...-� -+- ���� (SEAL) f MARTINIANO RO RIGUEZ / B NITA RODRIGUEZ RI UEZ (SEAL) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledge- ments, © /l . D 0 go r & yr L , Mrn r eV/AA/0 Ito 0R / - ' L gr� /�E`•�ii'7`,�t / o ,.q, 6 vG 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. WITNESS my hand and official seal at and State of Florida, this it day of 0 My Commission Expires:__ NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMDemISSIONm pcn1vr DIESTEL LOJUNE.RSi 1977 This Instrument is Executed Pursuant to Resolution No. 43161 Passed and Adopted January 20, 1972 APPROVAS TO FORM AND CORRECTNESS ity County of Dade A.D., 1971. N ary Pu 1:d3.£;; Gast ION Dept. of Public Works This Instrument Prepared by C. R. Chevalier, Jr. Department of Public Works City of Miami, Florida Wit' �-, rnW717ST 61. V34 i✓' utMK! w a/ICIAt man Mom, w WO[ mart. iuem. 4 I&',U re j. B. LEA s ER1$Ale -WART a /lr.i s