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Home My WebLink AboutR-43163wivaCITY MANAUR-MIAMI 1/12/72 '72JAt19 AM10:51 RESOLUTION NO. 4/1 43 A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED JANUARY 7, 1972, FROM MOAN ZAIFER, INDIVIDUALLY AND AS TRUSTEE, AND ORLANDO RODRIGUEZ, INDIVI- DUALLY AND AS TRUSTEE, RELATING TO THE CONSTRUCTION OF A TEMPORARY SANITARY SEWER FORCE MAIN; AND AUTHORIZING THE ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION. WHEREAS, YOAN ZAIFER, Individually and as Trustee, and ORLANDO RODRIGUEZ, Individually and as Trustee, are the owners of the property located at 4393 N. W. llth Street, and they propose to construct a 20-unit apartment house complex at that location; and WHEREAS, the owners have 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 necessary pipes and appurtenances under the surface of certain streets and avenues in the City of Miami, as designated in the attached Covenant to Run with the Land, 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, located at N. W. llth Street and 44th Avenue; and WHEREAS, in connection with the request for permission to construct the temporary force main, YOAN ZAIFER, Individually and as Trustee, and ORLANDO RODRIGUEZ, Individually and as Trustee, have executed and filed with the City of Miami a ,c .`•i Jr+• 2 0 72 �/ ResaLutwlk r�a..'f:.3 /(03 MUM . ,....... Covenant to Run with the Land containing all the customary protection for the City of Miami, including the stipulation that liability insurance shall be carried with the City of Miami as named insured; 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 January 7, 1972, executed by YOAN ZAIFER, Individually and as Trustee, and ORLANDO RODRIGUEZ, Individually and as Trustee, relating to the construction of a temporary sanitary sewer force main from their property at 4393 N. W. llth Street to the City of Miami's 54-inch sanitary sewer interceptor at N. W. llth Street and N. W. 44th Avenue, a copy of said Covenant being attached hereto and by this reference made a part hereof, be and the same is hereby accepted. Section 2. That the proper officials of the City of Miami are hereby authorized and directed to issue a permit for the construction of the aforementioned temporary sanitary sewer force main along the route described in the aforesaid Covenant. PASSED AND ADOPTED this day of � :mac z r , 1972. /-- PREPARED AND APPROVED BY: Larry J. Hirsch REVIEWED APPROVED Assistant jty Attorney Jack R. Rice, Jr. r Assistant to Director AS TO FORM AND CORRECTNESS: Alan H. Rothstein City Attorney '72 FEB 22 PM I :44 tdil rEic 1578 4117,1 954 COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this llth day of February A.D., 1972, by and between YOAN ZAIFER, joined by his wife ERNESTINE ZAIFER and ORLANDO RODRIGUEZ, joined by his wife ISABEL RODRIGUEZ of 300 Sevilla Avenue, Coral Gables, Florida parties of the first part and hereinafter called OWNER, and THE CITY OF MIAMI, a municipal cor- poration of the State of Florida, in the County of Dade, party of the second part, hereinafter called CITY: WITNESSETH: THAT WHEREAS, YOAN ZAIFER, joined by his wife ERNESTINE ZAIFER and ORLANDO RODRIGUEZ, joined by his wife ISABEL RODRIGUEZ, are the fee owners of the following described parcel of land, to wit: TRACT B OF LE JEUNE PROPERTIES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 90 AT PAGE 31 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA WHEREAS, the OWNER proposes to construct a 20-unit apartment house complex at 4393 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 appurtenances under the sur- face of certain streets and avenues in the City of Miami as hereinafer 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 complex will flow throup;h said force main and be discharged into the sanitary sewer interceptor force main of the Departmen of Water and Sewers 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 run westerly along 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 sani- tary 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, said plans and specifications to be prepared by a Professional Engineer, registered in the State of Florida; and R., / .1.441 IE r, 75 8 .2 955 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 $ 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 apartment 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 $50,000 property damage. Said insurance shall provide that the CITY be given at least thirty (30) days advance written notifica- tion of cancellation of any policies. The above policy is to be such as will hold the CITY harmless from any liability whatsoever arising ENT - 2 be out of the tortime okeepitinfull forceandeffect; and renewed from time 12. The OWNER agrees that the right to use the CITY'S avenues and streets herein designated for the construction, operation and maintenance of said sanitary sewer force main shall not be signf able, in whole or in part, without the written consent and approval CITY'S Director of the Department of Public Works. It is expressly agreed that this instrument and obligation shall be binding on the OWNER, its successors in interest or assigns, and shall be a condition implied in any conveyance ortother herfinstrument affecting the title to said property or any part IN WITNESS �R��e'daythe a�d yearWNER has firstcaused abovethis setCovenant to be executed andsigned Signed, Sealed and Delivered in the Presence of: „v i YOPN ZAIFER✓, TINE Air• ISA r (SEAL) (SEAL) FER, his wife R• rRIGUEZ `his, ife (SEAL) (SEAL) STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknoEt Ea w ed gO e- ment s , NUMB i� � i ��$� ERNIUM MO RODRIGUEZ, joined by his wife ISABEL RODRIGUEZ of 300 Sevilla Avenue, Coral Gables, Florida to me well known to be the persons described in the who executed the foregoing andinstrument voluntarily foracknowledged purposesbefore thereinthat they executed the same expressed. WITNESS my hand and official seal ai9 »- and State of Florida, this // '- day of My Commission Expires: NOTARY PUBLIC, STATE o1 FLORIDA at LARGE MIY COMMISSION EXPIRES !LILY 29, 197 This Instrument is Executed Pursuant to Resolution No. 43163 Passed and Adopted January 20, 1972 County A.D., of Dade 1972 ELez. otary Public APPVED AS TO FORM AND CORRECTNESS APP AS TO(�� C 1 City tto y -y ygr ION • .� 41rz of Director, Dept. of Public Wo This Instrument Prepared by Ernest C. Geiger Department of Public Works City of Miami, Florida V.'r • � 1t memm me- 177, 4 A 757'8 'pc 957 STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, YOAN ZAIFER, joined by his wife, ERNESTINE ZAIFER, to me well known to be the persons de- scribed 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 set at Miami, County of Dade and State of Florida, this /% day of February,.1972. VIl? 6,1_ :__1: r•-** .. *--.1 • ".: .-: Notary Public,, -8tate of.:177; J� ;= C..' s•%, • ''�F NOTArY r ti ' r r nr. MAMA Al LAn�,L 'r�rrrrr��1�1` MY C..:..:... .1AR. 2, 1?75 G �;�� '. �, - .;YRIII+Rd, D C. My commission expires: PrC'1�{.,� i., V 1 MOO W WOW INS, sum v, S. E. LEA SWAM" Sit Ckit L. uL�L: :1 i.i Wfti/ 121 E