HomeMy WebLinkAboutR-43294IA. MOM
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RESOLUTION NO. 'r3297
A RESOLUTION ACCEPTING THE COVEMANT TO RUN
WITH THE LAND DATED FEBRUARY 17, 1972 FROM
FRANCISCO ALEMEIDA AND WIFE, MARIA E. ALEMEIDA
RELATING TO THE CONSTRUCTION OF A TEMPORARY
SANITARY SEWER FORCE MAIN; AND AUTHORIZING
ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION.
WHEREAS, Francisco Alemeida and Maria E. Alemeida own
the property at 6875 West Flagler Street, Miami, Florida,
and propose to construct thereon a 39-unit apartment build-
ing, and
WHEREAS, in order to occupy these apartments, sanitary
sewer service must be provided and in order to do so the
owner has requested permission to construct a temporary
sanitary sewer force main from the aforementioned property
to the City's 54-inch sanitary sewer interceptor force main
in West Flagler Street at N. W. 69th Avenue, and
WHEREAS, in connection with the request for permission
to construct the temporary force main Francisco Alemeida and
Maria E. Alemeida executed and filed with the City a Covenant
To Run With The Land containing all the customary protections
for the City including the stipulation that liability insur-
ance 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. The Covenant To Run With The Land dated
February 17, 1972 executed by Francisco Alemeida and Maria
E. Alemeida relating to the construction of a temporary
sanitary sewer force main from their property at 6875West-.
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Flagler Street to the City's 54-inch sanitary sewer inter-
ceptor force main in West Flagler Street at N. W. 69 Avenue,
copy of said Covenant being attached hereto and by this
reference made a part hereof, be and the same is hereby
accepted.
Section 2. The proper officials of The City of Miami
be, and they 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 ;/ 1e.2.-CAL.i
1972.
PREPARED AND APPROVED BY:
S. R. Sterbenz
Assistant City Attorney
REVIEWED BY:
r _{ ` t _�
Jack,R. Rice, Jr.
Asst./to Dir of Dept", ,
APPROVED AS TO/FJRM CQ RECTNEhS :
/ `-t.
i' -IF' ,
1 i
Alan H. R$thstein /
City Attorney `J
Oft IIMII 51 f°f[7V4pc64
72 R 8 029
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 17th day of February
A.D., 1972, by and between FRANCISCO ALEMEIDA and wife MARIA E.
ALEMEIDA of 3197 N. W. 11 Street, Miami, Florida, 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, FRANCISCO ALEMEIDA and wife MARIA E. ALEMEIDA are
the fee ownersoCrtilthefNateWing described parcel of land, to wit:
TRACT "D" OF PRINCESS PARK MANOR,
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN THE PLAT BOOK 50 AT
PAGE 18, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
WHEREAS, the OWNER proposes to construct a 39-unit apartment build-
ing on this site at 6875 West Flagler 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
building with sanitary sewer service, including all appurtenances and
pipes under the surface of certain streets and avenues in the City of
Miami 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 building will flow through said sanitary sewer force main and be
discharged into a sanitary sewer interceptor force main of the Department
of Water and Sewers in West Flagler Street at N.W. 69 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 a pump station located on the
OWNERS property, thence run South
approximately 25.00 feet to a point
of connection with a 54-inch sani-
tary sewer interceptor force main
in West Flagler Street at N.W. 69
Avenue
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
44
64 'pig; 7664 -c 635
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 apart-
ment house building 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
2
E c 76f 4 pG 636
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 executed and signed in their
name and hereunto set their hand and seals the day and year first
above set forth.
Signed, Sealed and Delivered
in the Presence of:
�%41
STATE OF FLORIDA )
COUNTY OF DADE )
RANCISCO AL MEIDA LAt)
c.. J '- ,t c--LZ_
MARIA E. ALEMEIDA
(SEAL)
(SEAL)
I HEREBY CERTIFY that on this day personally appeared before me,
an officer duly authorized to administer oaths and take acknowledge-
ments, FRANCISCO ALEMEIDA and wife MARIA E. ALEMEIDA 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 volun-
tarily for the purposes therein expressed.
WITNESS my hand and official seal at Miami , County,,.of �� . ',, •�.
and State of Florida, this 17th day of FebruaryA.D. , 197 .,` a";'t.........,
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My Commission Expires: - �, ro, = s
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iAY CAW1Mio5tUt� �... ,. .. ;.t..4/3 �,%'l 1, . ► __ , t' C' � i'fi ll10 V. •n,
Naary Public
,,� ray,:•...„ �:..�
,.
This Instrument is Executed
Pursuant to Resolution No. 43294
Passed and Adopted March 2, 1972
APPRO ED AS TO FORM AND CORRECTNESS APPROV D_A_ TO RIP/TION
ity At orn j,' Director, Dept. of Public Work
This Instrument Prepared by
Ernest C. Geiger
Department of Public Works
City of Miami, Florida
3 Eta'
name wam* tam Mg
a Mt C0U0TY RAt10A,
inelt ,
�. B. LEA ' Esu�
Sig. , .
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MAINTENANCE PERFORMANCE BOND
Amount:
$1, 000. 00
KNOW ALL MEN BY THESE PRESENTS, That we
FRANCISCO ALMEIDA
3197 N.W. lath Street_
Miami, Florida
as principal,,and
as surety, are held and firmly bound nto
THE CITY O1+ MIAMI, FLORIDA
in the sum of ONE THOUSAND AND no/100
Dollars
($1,000.00 ), for which payment well and truly to be made, we bind
ourselves, our successors, heirs, executors, and administrators, (joint-
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 17,1972
governing 1`�netrn,nt; nr�r911 ti nn and maintenance of temporary
4 -inch sanitary sewer force mainPPLCb nitary sewer service, at 6875 West Flagler
Street Miami,Florida.
(Indicate work to be ,)erformed)
to be performed by the principal, including the posting of u aL. .;enance
performance bond, as provided in said Covenant; and
WHEREAS, the principal is required to obtain a backfill en „Tench
,.� compacted as to result in only minute settlement; and
WHEREAS, to insure that to City shall suffer no loss through sub-
_uent pavement failure, the principal shall post a ONE
THOUSAND AND NO/100 Dollar (S 1,000.00 ) maintenance
.;rformance 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
43P9V
WHEREAS, the patched surface shall not show at the time of con-
struction nor within any time covered by this guarEntee, a vertical
deviation Greater than one, -fourth (3.") inch up or town from a straight-
edge placed transversely across the patched trench. Any cracks larger
than one -eighth (1/8") inch in width will be consicered 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 repEirs when sc 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 followinc 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 2nd day of March
-a/ 9
Witness
(SEAL)
Francisco Almeida
By: (SEAL)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Surety
By.vi-
"'r-�
Attorney-in�-Fa t
Harold Lee Gregory, Jr.
Approved as to Form and Correctness
City Attorney
NOTE: Whenever the Principal or Surety is a corporation, it shoula
give the State of its organization and should be signed by the
president and attested to by the secretary. In a partnership,
the name of the company should be designates. 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 6/65
- 2 -
0
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BAMT1MORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by JOHN C. GARDNER , Vice -President, and GEORGE L. INGHAM ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows:
"The President, or any one of the Executive Vice -Presidents, or any one of the additional Vice -Presidents specially authorized
so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec-
retary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -
in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any
bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of Judgments,
decrees, mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of
the Company may require, and to affix the seal of the Company thereto."
does hereby nominate, constitute and appoint Henry G. Lyle, Patrick J. Cesarano, Joseph H.
Pero, Jr:, P. B. McCreery, Morris Besser and Harold Lee Gregory, Jr., all of
Coral Gables, Florida, EACH
its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings
n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon
said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowl-
edged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Henry G. Lyle, etal,
dated October 1, 1957,
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
27th day of August , A.D. 19 69
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(SIGNED)
GEORGE I, INGHAM By ,IQI3`I..Q..,..Gp►_RDNER......
(SEAL) Assistant Secretary Vice -President
STATE OF MARYLAND 1 SS:
CITY OF BALTIMORE I
On this 27th day of August , A.D. 19 69 , before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
(SIGNED)
(SEAL)
EVELYN D, JONES
Notary Public Commission Expires. , my 1 1970
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
Ix TESTIMONY Waaaaop, I have hereunto subscrilvd my name and affixed the corporate seal of the said Company, this
Zrul day of Mar'h
Lt4i9—Cd.
A�sssssfaii Secretary
il14 Tre, r44ie.✓riMA'.-T-�+^ .
INFORMATION REQUIRED FOR PREPARING A COVENANT
FOR INSTALLING A PRIVATE UTILITY WITHIN THE
PUBLIC RIGHT-OF-WAY
1 - Name of fee owner of the property to be served:
FRANCISCO ALMEIDA and MARIA ELENA ALMEIDA, his wife
3197 N.W. 11th Street, Miami, Florida
Phone: 649-4926
2 - Address of property to be served:
.6875 West Flagler Street, Miami, Florida
- Legal description of property to be served:
Tract "D" of PRINCESS PARK MANOR, according to the
Plat thereof, as recorded in Plat Book 50, Page 18,
of the Public Records of Dade County, Florida.
- Legal opinion of title from practicing attorney:
(Attached hereto).
5 - Owner's architect: Oscar Gonzalez
375 East 49th Street
Hialeah, Florida
Phone : 822-7811
6 - Structure to be served:
39 unit apartment building
7 - Person in responsible charge of the facility being served:
The owner, Francisco Almeida
3107 N.W. llth St., Miami, Florida
Phones: 649-4926 (home)
261-9700 (work site)
"SUPPORTIVE DOCUMENT
TO: iQ-43,1.94
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