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Home My WebLink AboutR-432511'/f1 2/8/72 L • 1 GUI P-!4iAM i '72 FEB 14 AM 9 : 25 RESOLUTION NO. '7(-9V A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED JANUiRY 28, 1972, FROM HESSEN-LAZARE, LTD., RELATING TO THE CON- STRUCTION OF A TEMPORARY SANITARY SEWER FORCE MAIN; AND AUTHORIZING THE ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION. WHEREAS, Hessen-Lazare, Ltd. owns the property at 5401 N. W. 7th Street and proposes to construct thereon 144 unit garden -type apartment complex; and WHEREAS, in order to occupy these apartments, sanitary sewer service must be provided and in order to do so, Hessen-Lazare, Ltd. has requested permission to construct a temporary sanitary sewer force main from the aforementioned property to the City's 54-inch interceptor sanitary sewer force main at N. W. 53 Avenue and N. W. 3rd Street; and WHEREAS, in connection with the request for permission to construct the temporary force main, Hessen-Lazare, Ltd. executed and filed with the City of Miami a Covenant to Run With the Land, containing all the customary protections 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 28, 1972, executed by Hessen-Lazare, Ltd., ERALEI WO. CITY COMMtc: iON MEET"' J• FEB 1 71972 RESOLUTION r: 4 3.I-1 1 relating to the construction of a temporary sanitary sewer force main from their property at 5401 N. W. 7th Street to the City of Miami's 54-inch sanitary sewer interceptor at N. W. 52nd Avenue and N. W. 3rd Street, 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 / 7 day of 14441, 1972. PREPARED AND APPROVED BY: �C• /1/444v x.�Nct2r R. Harris Turner Assistant City Attorney REVIEWED BY: Jack R. Rice, it;) Assistant to arector r APPROVED AS TO FORM/AND CORRECTNESS: Alan H. Rothstein City Attorney tiw 39 72R 39030 '72 FEE f' 7578 4: 935 COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this lS day of ila ttt A.D., 1972, by and between HESSEN-LAZARE, LTD., a limited artnership, whose principal place of business is 5605 S.W. 74 Street, South Miami, Florida 33143, 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, HESSEN-LAZARE, LTD. is the owner of the following described parcel of land, to wit: Lots 17, 18, 19, 20, 21 and Lots 22 and 23, less the south 211.13 feet of said Lots 22 and 23 of NORTHWEST SEVENTH STREET GARDENS HOMESITES, according to the plat thereof, as recorded in Plat Book 40, at Page 28, of the Public Records of Dade County, Florida. WHEREAS, the OWNER proposes to construct a 144 unit garden type apartment complex at 5401 N.W. 7 Street, Miami, Florida, and 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 appur- tenances, under the surface of certain streets and avenues in the City of Miami as hereinafter designated, and connect to a 54-inch san- itary 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 through said force main and be discharged into the sanitary sewer interceptor force main of the Department of Water and Sewers on N.W. 53 Avenue at N.W. 3 Street. NOW, THEREFORE, in consideration of the premises and benefit which will accrue the OWNER from the construction, operation and main- tenance 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 includes 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 easterly on the south side of N.W. 7 Street to the east side of N.W. 53 Avenue; thence southerly on N.W. 53 Avenue to a point of connection with the 54-inch sanitary sewer force main at N.W. 3 Street, in accordance with the 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 R-13 • • 7578 , 93G force main has been completed, said plans and specifications to be prepared by a Professional Engineer, registered in the State of Flor- ida; and 3. The OWNER shall submit to the Department of Public Works cer- tified survey notes of initial staking and final measurements, to be done by a land surveyor registered in the State of Florida, said cer- tified Furvey 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 elevation 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 harm- less 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 detriment- al 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 Main- tenance Bond in the amount of $3,000.00 to guarantee the maintenance 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 reso- lution 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 sani- tary 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 Direc- tor 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 2.. _• sew. ;....:. 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 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 main- tenance 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. IT WITNESS WHEREOF, the OWNER has caused these presents to be executed and signed in its name by its General Partner, the day and year first above set forth. Signed, Sealed and Delivered in Presence of: STATE OF FLORIDA) COUNTY OF DADE ) HESSEN-LAZARE, LTD., a Limited Partnership STEPHEN HESSEN, STEPHEN General Partner I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, STEPHEN HESSEN, General Partner of HESSEN-LAZARE, LTC., a Limited Part- nership, 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 se State of Florida, this oefday of My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA AT LARGE r-rusVjd j•Iw EXnR:3 a.t. a2, 1973 WOES THIS RED W. DIESTELHORST This Instrument is Executed Pursuant to Resolution No. 43251 Passed and Adopted February 17, 1972 APPR !d at Miami, County of Dade mod","",d, 4 . 0-7.. , A.D., 1972. ,=;�;,,S'!.....I t ,,� �' 0,,..,.. O ��'t,I Notary PublicAh;.,,..' . ED AS TO FORM AND CORRECTNESS APPROVED AS TO DES�I�IPTION r C e;-4- is ( i y ORTNE, DOCUMENT ey Director, Dept. amenof VW* MO Mg s This Instrument Prepared By: yfou«ly,, Ernest C. Geiger .841 Department of Public Works City of Miami, Florida .3. £,. B. LEA Arpke t.4"—