HomeMy WebLinkAboutR-43253MEM
Oil
a
in ii tilMif MINif 'likiiiui ! lillIlhigl IVII illiiill
RHT/fl t,'I ji. ,Sf�h<<� { �fi ,_ '
2/15/72 �' %Qf,!i
fa 1 T AN
I
RESOLUTION NO.
132s"
A RESOLUTION ACCEPTING A COVENANT TO RUN
WITH THE LAND FROM SOUTH FLAGLER INVEST-
MENTS, INC., AND AUTHORIZING ISSUANCE OF
A PERMIT TO CONSTRUCT A TEMPORARY SANITARY
SEWER FORCE MAIN.
WHEREAS, South Flagler Investments, Inc. owns the
property at 6800 West Flagler Street where they propose
to construct a 38-unit apartment house complex; and
WHEREAS, in order to connect to the 54-inch interceptor
sanitary sewer force main at West Flagler Street and 67 Court,
it is necessary for South Flagler Investments, Inc. to con-
struct a temporary sanitary sewer force main from their
property to the City's interceptor; and
WHEREAS, South Flagler Investments, Inc. has filed,
under date of February 7, 1972, a Covenant to Run With the
Land, containing the customary guarantees and protections for
the City of Miami;
NOWe THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That the February 7, 1972 Covenant to Run
With the Land, executed by South Flagler Investments, Inc.
regarding the construction of a temporary sanitary sewer force
main from their property at 6800 West Flagler Street to the
City's 54-inch interceptor sanitary sewer force main at West
Flagler Street and 67 Court, be and the same is hereby accepted.
Section 2. That the proper officials of the City of
Miami, be and they are hereby authorized and directed to issue
FEB i 71:172
ii,3 zS-3
ft
INI1111O1 11N111111111I1iIiiiiil II�W II�I�il�iry
1
a permit for construction of the abovementioned temporary
sanitary sewer force main.
PASSED AND ADOPTED this i 7 ""( day of - t 1972 .
PREPARED AND APPROVED BY:
f/1iS,
R. Harris Turner
Assistant City Attorney
REVIEWED BY:
Jack R. Rice, Jr.
Assistant to Director
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
I�,� 5�� '72 MAR n FM 12 . 53
REC 7814 PC 53
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 7th day of February
A.D., 1972, by and between SOUTH FLAGLER INVESTMENTS, INC., a Florida
Corporation existing under the laws of the State of Florida and autho-
rized to transact business in the State of Florida, and whose principle
place of business is 1401 S.W. 1 Street, Miami, Florida, party of the
first part and hereinafter called OWNER, and THE CITY OF MIAMI, a muni-
cipal corporation of the State of Florida, in the County of Dade, party
of the second part, hereinafter called CITY:
WITNESSETH:
THAT WHEREAS, SOUTH FLAGLER INVESTMENTS, INC., is the fee owner of
the following described parcel of land, to wit:
TRACT "A" - LESS THE WEST 150 FEET THEREOF, IN
PRINCESS PARK MANOR, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 50 AT PAGE
18 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
WHEREAS, the OWNER proposes to construct a 38-unit apartment house
complex at 6800 West Flagler Street, and has requested from the CITY a
permit to construct, operate and maintain a temporary sanitary sewer
force main to provide the aforesaid building with sanitary sewer service,
including all necessary pipes and appurtenances under the surface of
certain streets and avenues in the City of Miami as hereinafter designated
and connect to a private sanitary sewer force main which is or will be
connected to a 54-inch sanitary sewer interceptor force main as pro-
vided by the Department of Water and Sewers of the City of Miami.
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•;hrough said force main and by mutual agreement
of all parties concerned (said agreement between West Flagler 6800, Inc.,
and South Flagler Investments, Inc., dated November 29, 1971 and recorded
in Official Record Book 7473 at Page 546 of the Public Records of Dade
County, Florida) will be discharged into a private sanitary sewer force
main in West Flagler Street at 6825 West Flagler Street which has been
or will be installed, operated and maintained by West Flagler 6800, Inc.,
which has executed and deliver=d a Covenant To Run With The Land dated
October 6, 1971 and accepted by City Resolution No. 42936 dated October
29, 1971 and Official Record 7522, Page 704 of the Public Records of Dade
County, Florida; will be conveyed through said private sanitary sewer
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
West Flagler Street at S.W. 67 Court.
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 OWNERS property,
run northerly to a point near the center of West Flagler Street,
thence run easterly along West Flagler Street for a distance of
approximately 120 feet to a point of connection with a private
force main from,,the property of 6825 West Flagler Street, in
accordance with plans approved by and filed in the office of
the Department of Public Works.
1?-43
rr
i
R � 7614 PG 5'1
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
3. The OWNER shall submit to the Department of Public Works certi-
fied 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 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 sani-
tary 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 whatso-
ever 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 detrimental to pub-
lic 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 condition,
insofar as practical in the opinion of the CITY'S Director of the Depart-
ment of Public Works, and to furnish the CITY a 2-year Maintenance Bond
in the amount of $1,000. 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 dis-
trict, and upon the written request of the OWNER, the CITY will by Resolu-
tion and Instrument release the said Covenant To Run With The Land which
has been signed and executed by the OWNER.
8. The OWNER shall accept special assessments and pay the propor-
tionate part of the cost for the construction of a sanitary sewer improve-
ment 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 estab
lished 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 comprehensive
liability insurance policy, which will include automobiles and independent
- 2 -
p
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 notification 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
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 its name by its proper officers, and its
corporate seal to be affixed hereto and attested to by its Secretary
the day and year first above set forth.
SIGNED, SEALED AND DELIVERED
IN ESENCE7 0:
•
STATE OF FLORIDA )
COUNTY OF DADE )
StUTH FLAGLER INVESTMENTS, INC.
MARIO HERNANDEZ PRE
�^ »C4-
R B. ALDRICH, SECRETARY•..
1
•
yt^S• ;
7 I. ••••.....•,•.
I HEREBY CERTIFY that on this / day off A . D .�'�4 72; Ware
me,personally appeared MARIO HERNANDEZ and GASPAR A. LDRICH, VivebIaent
and Secretary, respectively, of SOUTH FLAGLER INVESTMENTS, INC., a corpora-
tion under the laws of the State of Florida, to me well known to be the
persons who signed the foregoing instrument as such officers and severally
acknowledged the execution thereof to be their free act and deed as such
officers for the uses and purposes therein mentioned and that they affixed
thereto the official seal of said corporation, and that the said instru-
ment is the act and deed of said corporation.
WITNESS my hand and official
,ad".Sta a of Florida, the day and
.
CoMKA on expires:
1�OtMY & c or nttDA AT ARrre
gitiVMAMISSto ' d;;ZIRES f.;E PT. 11, 1974
DOND B'7tttcti _.IttD w. C'C3nntoRSt
n u
,. ' `xnlment is Executed
;P'i i� i•Ao Resolution No. 43253
PassW'd"and Adopted February 17, 1972
GASP
Corporate Seal
seal at Miami, in the County of Dade
year last aforesaid.
./.4.-6,-7-Yuewv
Notary Public, St to of Florida
APPROVE ► AS TO FORM AND CORRECTNESS APPROV AS T0-SC'RIPTION
/ // 0.•
Director, Dept. of Public,Works
This Instrument Prepared by
Ernest C. Geiger
Department of Public Works
City of Miami, Florida
IDENT
- 3
IP
dpli ,
•
A C R . - T
THIS A::7
end entered into this 7th ^' r4,j' of
Febrry 1972 b n CuL , y t . c be�'oe�� . _.JT E'z:t.GL.�'� E UOC, T, ., . , represented
by its Vice -President, JOSF' R. auFav0, and SOUTH FLAGLER INVESTMENTS,
'ITS
.INC., represented by its President, nt, MA':I^,
+^17 AJ, , •_•, 1 ,, LA`T ...R GSCO. , C. , 't •, .1 :_ c:. 4 inches
Force Main, along Flagler Street, to serve its 38 unit apartment
building on the following described propertyg
Tract L of w?I •C ,SS PARK i''AEO , according to the Plat
thereof, r^co_c.-,c in Plat Soo'c 50, Page 18, of the
Public Records of : do County, ;?ior_c?a.
jrrr. 7A
SO= FLAG:"P I7..7"ST•7i TS, Ii C., will builda 50
unit apartment buildin^, on the fo11 e r^ described propertys
�V r
Tract A less the
I•_A,`O', accorc_in
Book 50, Page 18
Florida.
?est 150 feet thereof, of P?I"CESS PARK
to the Plat thereof, recorded in Plat
, of the :'ubl:.c Records of pace County,
WHEREAS, in consideration of rutual covenants,
and other
good and valuable considerations, the parties hereto agreed as
fo11o;.;ss
1.- WEST FLAGLER 6800, INC. does hereby grant SOUTH FLAGLFR
IFVEST NTS, IFC. , permission to connect
Force Fain along Flagler.
Main at Flagler and 67th
2.- SOUTH FLAGLER
WEST FLAGLER 6800, INC.,
end use its four. inches
Street up to its connection to the city
Court.
I VEST 'ITS, INC.,- shall reirburse to
a proportionate share of the cost of
building said Force main, according to the number
of apartments
which each corporation will finally build on their above described
properties.
3.- Both parties to this AGRFEME NT agree that this covenant
shall run with the land end' that it may not be cancelled or annulled
and that SOUTH r: AGLT.Y. I..`JLST
rhal 1 not be deprived of
the use of the four inches Force ^'ain, the subject of this Agreement,
under any circumstances by sZ St FLAG17^ 6300, IEC., its successors
or assigns, which shall r 1wc ys be available to both parties.
_
"LP=ailVE DOCUMENT
7 0; R- 4357,5 0
�y8
P t• 14 PG 542
Dated at Fic.:ni, Floc iC.a, this 7th clay of yeDrtarv', 1972.
:BEST rLAGL 7, 68CO3 I1`'Ce
SOUTH 17LAGL:? IF EST:...i' TS,
,•% ,
J
.V1` Vice- Pre s Leent Cc` 71•t1- j President
�= •�' Attest s
Attests i y' `'' A`'`e s
ASPA': B. AfDaICH GAS A'' B. AL :ICH
Secretary r Secretary
STATE OF FLORIDA
COUNTY OF DAD:,
IH=. _y �'?�GY C':�;i:t"Y`.i:2.c". On this Cc^, before me, an officer
duly qualified to tan c aci:_no 7 ec_`,:ents, personally appeared'
JOS . R. C=O and . ARIO .7..";:7 ::D Z, known to ^e as Vice-
Preside,nt of '.`r= ST Lf!G7,` ? 6E OC, . , and ? esiCent of SOUTH
FLAGL 77 Ii'C. , ros .iv-iy c:;ec::teci the
forecoini, instrument ncl ac--no. Ic.(` ed before that they
executed same.
r ITN'.S� my nano_ and offi c:_ scal in the County and State
last afo^esc;.id, this 7th Cay of _ e:)rary, 1C72.
/
Yy commission expires:
CZNERa
Notary i ub 1ic, State of i' l.oridaat Large
MMMU M emetic more —
M OM downy. Ram
NM* rt
' SUFI'ORTIVE. DO 'UMENT
�:- (0?5-s et