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HomeMy WebLinkAboutR-72-0025ti RKT/f1 3/23/72 p= sr '72 t4 R ' ?.: 0.9 RESOLUTION NO. At6.481NOrlas A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED MARCH 16, 1972, FROM C. J. MEYER AND VIRGINIA L. MEYER, HIS WIFE, RELATING TO THE CONSTRUCTION OF A TEMPORARY SANITARY SEWER FORCE MAIN; AND AUTHORIZING ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION. WHEREAS, C. J. Meyer and Virginia L. Meyer, his wife, own the property at 4380 N. W. loth Street, Miami, Florida, and propose to construct thereon a twenty-two unit apart- ment building; 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 interceptor sanitary sewer force main at N. W. 44th Avenue and N. W. 10th Street; and WHEREAS, in connection with the request for permission to construct the temporary force main, C. J. Meyer and Virginia L. Meyer, his wife, 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 insurance shall be carried with the City as named insured. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: c r? illy 11711"i'I i 1 !I Section 1. That the Covenant to Run With the Land dated March 16, 1972, executed by C. J. Meyer and Virginia L. Meyer, his wife, relating to the construction of a temporary sanitary sewer force main from their property at 4380 N. W. 20th Street, Miami, Florida, to the City's 54-inch sanitary sewer interceptor at N. W. 44th Avenue and N. W. loth Street, 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 of , 1972. PREPARED AND APPROVED BY: R. Harris Turner Assistant y Att REVIEWED BY:� Jack R. Rice Assistant Director APP AS TO ,FQRM AND C Alan H: Rothstein City Attorney it ig m ! 51 R[C PG U COVENANT TO RUN WITH THE LAND THIS COVENANT, made and entered into this 16th day of March A.D., 1972, by and between C. J. MEYER and VIRGINIA L. MEYER, his wife of 13121 S. W. 69 Court, Miami, Florida parties of the first part and hereinafter called OWNER, and THE CITY OF MIAMI, a municipal corpora- tion of the State of Florida, in the County of Dade, party of the second part, hereinafter called CITY: WITNESSETH: THAT WHEREAS,.C. J. MEYER and VIRGINIA L. MEYER, his wife are the fee owners of the following described parcel of land, to wit: LOTS 7, 8, 9,and 10, BLOCK 7 OF PARKER'S CHESTER TERRACE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 18 AT PAGE 79 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA WHEREAS, the OWNER proposes to construct a 22-unit apartment build- ing on this site at 4380 N.W. 10 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 building with sanitary sewer service, including all pipes and appurten- ances under the surface of certain streest 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 building will flow through said temporary sanitary sewer force main system and be discharged into a sanitary sewer interceptor force main of the Department of Water and Sewers in N.W. 44 Avenue at N.W. 10 Street. 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, run north into N.W. 10 Street, thence run westerly in N.W. 10 Street to a point of connection with a 54-inch sanitary sewer force main at N.W. 44 Avenue and N.W. 10 Street, in accordance with approved plans filed in the office of the Department of Public Works; and 2. The OWNER shall submit to the Department of Public Works plans and specifications 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, regis- tered in the State of Florida; and T 2 �► r c 7664 Pc .663 • 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 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 - Itt 3 3° 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 this Covenant to be executed and signed the day and year first above set forth. Signed, Sealed and Delivered In the Presence of: C. gME E VIR s IA L. MEYER 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, C. J. MEYER and VIRGINIA L. MEYER, his wife to me well known to be the persons described in and who executed the foregoing instru- ment and acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at Miami , County of Dade and State of Florida, this 16th day of March A.D., 1972. wr LC.:J_) This Instrument is Executed Pursuant to Resolution No. 72-25 Passed and Adopted April 6, 1972 APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO'DES Notary Public, at Large ity Att Director, Dept. This Instrument Prepared by Ernest C. Geiger Department of Public Works City of Miami2 Florida fi('yt". - 3 • ratT ,._.st: TION 7 f Public Wor,s asa•.a . anew 'mom wt . if ma PuiNTV. mo KM, VE E. B. : MAW 40. 7a,