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HomeMy WebLinkAboutR-43343RHTff l 3!' ' 7 AR 9 AM 9 : 39 RESOLUTION NO. ;k �..3 / ( A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED FEBRUARY 21, 1972 FROM MIAMI ATLANTIC INVESTMENT CORP. RELATING TO THE CONSTRUCTION OF A TEMPORARY SANITARY SEWER FORCE MAIN; AND AUTHORIZING ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION. WHEREAS, Miami Atlantic Investment Corp. owns the property at 800 N. W. 47 Avenue, and proposes to construct thereon a 350-unit apartment house complex; 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 on N. W. 9 Street at N. W. 47 Avenue; and WHEREAS, in connection with the request for permission to construct the temporary force main Miami Atlantic Invest- ment Corp. 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 February 21, 1972, executed by Miami Atlantic Investment Corp. : DCi t,PriEit . INDEX ITEM NO. /1 !Cflc4IN MAR 1 61072 RESOLIMOtt no....... 3q3 ........................... relating to the construction of a temporary sanitary sewer force main from their property at 800 N. W. 47 Avenue to the City' s 54-inch sanitary sewer interceptor on N. W. 9 Street at N. W. 47 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. That 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 ot , 1972. PREPARED AND APPROVED BY: R. Harris Turner Assistant City Attorney REVIEWED BY: Jack R. Rice, Jr. Assistant to Director -'APPROVED ASS WO FORM AN C¢RRECTNES City Attorngy 16)721 APR 19 A 9:5 72 R 85030 E G '76 4 PG 637 COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this A i day of Ame A.D., 1972, by and between MIAMI ATLANTIC INVESTMENT CORPORATION, a Y Florida corporation authorized to transact business in the State of Florida, and whose principle place of business is 1688 Meridian Avenue, Suite 700, Miami Beach, Florida, 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, here- inafter called CITY: WITNESSETH: THAT WHEREAS, MIAMI ATLANTIC INVESTMENT CORPORATION is the fee owner of the following described parcel of land, to wit: LOTS 1, 2, 3 AND 4 OF BLOCK 4, OF LeJEUNE GARDENS ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 40 AT PAGE 37 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA WHEREAS, the OWNER proposes to construct a 350-unit apartment house complex on this site at 800 N. W. 47 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 appurtenances under the surface of certain streets and avenues in the City, and connect to a 54-inch sanitary sewer interceptor force main 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 system of the Department of Water and Sewers of the City of Miami on N. W. 9 Street at N. W. 47 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 on the OWNER'S property northerly across N.W. 9 Street to a point of connection with a 54-inch interceptor sanitary sewer force main at N.W. 9 Street and N. W. 47 Avenue; 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 C. r M76611 ri 638 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 - 2 - t � r. ! !'. vli( f w f�, u c 7664 FC 639 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 the Presence of: L1 STATE ) COUNT MIAMI/ATLANTIC INVESTMENT CORPORATION T M. MAND - PRESIDENT ��\ ��`� � g, KE ETH M. MIL ER:` tk C •,. • ` C porate Seal 'v z.: w : e, OF FLORIDA f •'' Y OF DADE ) �%;� Y I yl \\ . ` I HEREBY CERTIFY that on this ,A 1 day of -t- , A.D. 1972, before me personally appeared ERNEST M. MANDEL, President KENNETH M. MILLER, Secretary, respectively, of MIAMI ATLANTIC INVESTMENT CORPORA- TION, a corporation under the laws of the State of Florida, to me known to be the persons who signed the foregoing instrument as such officers and severally acknowledged the execution thereof to be their fee act and deed as such officers for the uses and pruposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal and State of Florida, the day and year MY ission Expires: :. ATIY PURL C STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES JULY $, 1973 IMICRAL INSURANCE UNDERWRITERS, MO. This Instrument is Executed Pursuant to Resolution No. 43343 Passed and Adopted March 16, 1972 Miami Beach, in the County of Dade, last aforesaid. 7 Lek.. �`.A�.'.'` � • !: • '•fry 211'!•tA� APPR"VED AS 0 FORM AND CORRECTNESS APPROVE LTf tor e rt..4,/ o Notary Pub] -,e._ a, a �': g) rid at Large ' !'. `o S TO 1 tPPION Director, Dept. of Public Works erne* WM MC This Instrument Prepared by Ernest C. Geiger Department of Public Works City of Miami Florida ibirel 3 -