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2/23/12
RESOLUTION NO. 4v /
A RESOLUTION ACCEPTING THE COVENANT TO RUN
WITH THE LAND DATED FEBRUARY 9, 1972, FROM
EMERY ZSIRAI AND GUDRUN E. ZSIRAI, HIS WIFE,
RELATING TO THE CONSTRUCTION OF A TEMPORARY
SANITARY SEWER FORCE MAIN; AND AUTHORIZING
THE ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION.
WHEREAS, Mr. and Mrs. Emery Zsirai awn the property at
540 N. W. 51 Avenue on which they expect to construct a
44-unit apartment house complex; and
WHEREAS, before a Certificate of Occupancy can be issued
for these apartments, sanitary sewer service must be provided
and in order to do so, Mr. and Mrs. Zsirai request permission
to construct a temporary sanitary sewer force main from their
property to the City's interceptor on N. W. 4th Street at
N. W. 52 Avenue; and
WHEREAS, in connection with the request for permission
to construct the temporary sanitary sewer force main, Mr.
and Mrs. Zsirai have executed and filed with the City a
Covenant to Run with the Land containing all of the customary
protections for the City, including the stipulation that
liability insurance shall be carried with the City 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 February 9, 1972, issued by Emery Zsirai and Gudrun E.
Zsirai, his wife, relating to the construction of a temporary
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sanitary sewer force main from their property at 540 N. W.
51 Avenue to the City's 54-inch sanitary sewer interceptor
at N. W. 4 Street and N. W. 52 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 to Run with the Land dated February 9, 1972.
PASSED AND ADOPTED this o2 day of , 1972.
PREPARED AND APPROVED BY:
API 1.`62_
R. Harris Turner
Assistant City Attorney
REVIEWED BY:
Jack R. Rice, Jr. 1'
Assistant to Director/
1 ✓.
;
this is to certify that this Company has issued policies indicated below to —
NameofInsured Emery Zs i ro i and Gudrun E. 2s i ra l
Address_._. S722 S. W. 5 h Terrace. Miami, Florida
Operations of Insured Builder
Cf6TIPICATE OP INEURi CE
August 9,
ig 72
POLICY NUMBERS KIND OF INSURANCE LIMITS
EFFECTIVE
EXPIRES
AUTOMOBILE Each Person $
rn 1
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BODILY INJURY LIABILITY Each Accident $
PROPERTY DAMAGE LIABILITY Each Accident $
Location of Worlc._550 North 5 i a t avenue �(j ami Dade F1 or i da ® (�^
POLICY NUMBERS KIND or INSURANCE LIMITS
EFFECTIV -_-
XP :S
WORKMEN'S COMPENSATION
STATE OF
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4/4/72
4/4/72
ago 0
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4/4/75
4/4/75
60209396 BODILY INJURY LIABIL1Tir Each Person 000,000
Each Accident$300,000
PROPERTY DAMAGE LIABILITY Each Accident $_25 , 000
Aggregate $
CONTRACTORS' PROTECTIVE Each Person S 1 00,000
60209396 BODILY INJURY LIABILITY Each Accident S 300,000
PROPERTY DAMAGE LIABILITY Each Accident S 25,000
Aggregate S
This Certificate is issued at the request of:
Name City of Miami, Public Works Dept.
Address Miami , F1 or irla
It is the intention of the Company that if the above policy be cancelled by the Company during its term, l Odays'
written notice prior to such cancellation will be given to Heil dPr of Cer t i f i ca to
of
THE LUMBERMENS MUTUAL INSURANCE COMPANY
Date
8/9/72/1t
SEITLIN & COMPANY
fns.uaanee
998 S. W. 1st Street
MIAMI 36, FLORIDA
14
(Name of Company)
By
S E I TL N f; CO PAN'
r r r c u r p, uthorized Representative)
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N.W. 52 Avenue o a point of cor? u w�
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MAINTENANCE PERFORMANCE BOND
Amount:
$2, 000.00
KNOW ALL MEN BY TIESE PRESENTS , That we EMERY ZSIRAI and
GUDRUN E. ZSIRAI - 3616 S. W. 26th Street, Miami, Florida 33133.
as principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY
as surety, are held and firmly bound 'nto
ThE CITY OF MIAMI, FLORIDA
in the sum of Two Thousand and No/100 - - Dollars
we bind
�Oint-
($ 2, 000.00 ) , for which payment well and truly to be made,
ourselves, our successors, heirs, executors, and administrators,
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 dated February 9, 1972
Florida.
governing the paving over backfill trench at 550 N. W. 51st Avenue, Miami,
(Indicate work to be performed)
to be performed by the principal, including the posting of a
performance bond, as provided in said Covenant; and
WHEREAS, the principal is required to obtain a backfill ad
: compacted as to result in only minute settlement; and
WHEREAS, to insure that the City shall suffer no loss through sub-
cuent pavement failure, the principal shall post a Two Thousand -and No/100
Dollar ($2,000.00 ) maintenance
tarformance bond guaranteeing for two (2)• years from the date the work
is fully completed 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 #233 2/72
le- / it
. ar_anc e
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WHEREAS, the patched surface shall not show at the time of con-
struction nor within any time covered by this guarantee, a vertical
deviation greater than one-fourth (%") inch up or down from a straight-
edge placed transversely across the patched trench. Any cracks larger
than one -eighth (1/8") inch in width will be considered 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 repairs when so directed,
the work will be 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 llth day of August
i9 72.
By:
Witnes
J'v0, vtiuoj�J�..�
-044L414.4.,) c By:
Witnes
a�
Approved as to Form and Correctness
City Attorney
646. %*4; (SEAL)
/? 66 (SEAL)
United States Fidelity and Guaranty Company
Surety
Attorney -in -Fact
NOTE: Whenever the Principal or Surety is a corporation, it shot
give the State of its organization and should be signed by tie
president and attested to by the secretary. In a par;,ners_ip,
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 2/72
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i 40
GENERAL POWER OF ATTORNEY
No. 78707
Know art Men by these Presents:
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 Sam Seitlin, R. Louis Seitlin and Fannie Levitt
of the City of Miami . State of Florida
its true and lawful attorney/8 in and for the State of 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 *k ei *
anyone of. the said Sam Seitlin and the said R. Louis Seitlin and the said
Fannie Levitt
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused thin instrument to be
sealed with its corporate seal. duly attested by the signatures of its Vice -President and Assistant Secretary. this 170 day of
September . A. D. 19 63
(SEAL)
STATE OF MARYLAND
BALTIMORE CITY,
(Signed)
(Signed)
UNITED STATES FIDELITY AND GUARANTY COMPANY.
By .. .
A. C. Holmes
Vice•President.
Frieda Walter
Assistant Secretary.
On this 17t1 day of September . A. D. 19 63 . betore me personally came
A. C. Holmes . 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 A. C. Holmes and Frieda Walter 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 affixed by order of the Board of Directors of said corporation.
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 Monday in May. A. D. 19 65
(Seal)
STATE OF MARYLAND,
BALTIMORE CITY.
f
Set.
(Signed)
Anne M. O'Brien
Notary f ublic.
James F. Carney Clerk of the Superior Court of Baltimore City. which Court is a
Court of Record, and has a seal, do hereby certify that Anne M. 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. 1 further certify that f am acquainted with the handwriting of the said
Notary. and verily believe the signature to be his genuine signature.
In Testimony Whereof, 1 hereto set my hand and affix the seal of the Superior Court of Baltimore City. the name being a Court
of Record, this 17V day of September . A. D. 19 63
(SEAL)
F. & S. 3 III -fib) .
(Signed)
James F. Carney ._
' . `Ctea$ iof the Superior Court of Baltimore City.
460▪ .1▪ .
'72 MAR 16. PM 12
14Pr 55
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this day of rObr4,07 y
A.D., 1972, by and between EMERY ZSIRAI and GUDRUN E. ZSIRAI, his
wife of 5722 S.W. 5 Terrace, Miami, Florida, parties 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, EMERY ZSIRAI and GUDRUN E. ZSIRAI, his wife are
the fee owners of the following described parcel or land, located
at 540 N.W. 51 Avenue, and more particularly described as follows,
to wit:
EMERY ACRES, a Subdivision according to the
Plat thereof, dated November 21 1966, filed
February 8, 1967, in plat Book 82, at Page 4,
of the Public Records of Dade County Florida;
and
WHEREAS, the OWNER proposes to construct a 44-unit Apartment
House Complex at 540 N.W. 51 Avenue, and has requested from the CITY
a permit to construct, operate and maintain a temporary sanitary
sewer force main to provide the aforesaid apartment house complex with
sanitary sewer service, including all of the necessary pipes and
appurtenancesunder 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 Complex 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. 4 Street at N.W. 52 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 located on the OWNER'S
property at 540 N.W. 51 Avenue to the westerly side
of N.W. 51 Avenue, thence run southerly along N.W.
51 Avenue to the southerly side of N.W. 4 Terrace,
thence run westerly along N.W. 4 Terrace to the
easterly side of N.W. 52 Avenue, thence run southerly
along N.W. 52 Avenue to a point of connection with
the 54-inch sanitary sewer interceptor force main in
N.W. 4 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
UP=O 1iVE DOCUMENT
TO; R''93? �.
Rfc 7614 7c 5
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
"SUFFQ ;;1VE DOCUMENT
- 2 TO. F2- .1*/ n
•
7614 PC 55
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 have here-
unto set their hands and seals the day and year first above set forth.
Signe aled and Delivered
n the a nce of:
��.�. (SEAL)
EMERY ZSIRAI
7/k7,1417/
(SEAL)
GUDRUN E. ZSIRAI, his wife
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 acknowledge-
ments, EMERY ZSIRAI and GUDRUN E. ZSIRAI, his wife, to me well known
oo'tl "tAn persons described in and who executed the foregoing instru-
.. _inent�»,aatd *9knowledged before me that they executed the same freely and
,Y�.olt i4l1;:for the purposes therein expressed.
. , NOSS my hand and official seal at County of Dade
and 9t@ Florida, this day of .annrt A.D. , 1972.
•
, ' 0.4tlit§ on Expires:
MY COMMISSION EXPIRES JULY 9, 1973
BONDED TNRU FRED W. DIESTELHORST
This Instrument is Executed
Pursuant to Resolution No. 43291
Passed and Adopted March 2, 1972
Notary Pub
APPROVED AS TO FORM AND CORRECTNESS APPROVE ''1S TO D
6/144-4-d)
City/ tt fie
birector, Dept. of Public Wor
P,TION
This Instrument Prepared by
C. R. Chevalier, Jr.
Department of Public Works
City of Miami, Florida
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