HomeMy WebLinkAboutR-72-0026HY:er
3/24/72
RESOLUTION NO.720-24
A RESOLUTION ACCEPTING THE COVENANT TO
RUN WITH THE LAND DATED MARCH 13, 1972,
FROM PAUL E. ROSEN AND JUDITH ROSEN, HIS
WIFE, HOLDING AN UNDIVIDED ONE-HALF
INTEREST AND JOSEPH M. KIRSCHENBAUM, A
SINGLE MAN HOLDING AN UNDIVIDED ONE-HALF
INTEREST IN A CERTAIN 99 YEAR LEASE DATED
JANUARY 27, 1972, FROM J. J. TITTLES AND
EVELYN I. TITTLES, HIS WIFE, AS RECORDED
IN OFFICIAL RECORD BOOK 7579, AT PAGE 460
OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, RELATING TO THE CONSTRUCTION OF A
TEMPORARY SANITARY SEWER FORCE MAIN; AND
AUTHORIZING ISSUANCE OF A PERMIT FOR SAID
CONSTRUCTION.
WHEREAS, PAUL E. ROSEN and JUDITH ROSEN, his wife,
hold an undivided one-half interest and JOSEPH M. KIRSCHEN-
BAUM, a single man, holds an undivided one-half interest in
a certain 99 year lease dated January 27, 1972, from J. J.
TITTLES and EVELYN I. TITTLES, his wife, as recorded in
Official Record Book 7579 at page 460 of the Public Records
of Dade County, Florida, and they propose to construct thereon
a 101 unit apartment building at 900-928 N. W. 45th Avenue; 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
sanitary sewer force main interceptor at N. W. 9th Street and
N. W. 45th Avenue; and
WHEREAS, in connection with the request for permission to
construct the temporary force main, PAUL E. ROSEN, JUDITH ROSEN
_sP3
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t;
\----
CITY COM\titIS
SION
MEETING Oi'
i
Apr 6 1,37Z
\ REsouniet4 tio.:72,-.27..ct ..
1 REMAR!. . .... .........
Mina
Iv tfir;1
and JOSEPH M. KIRSCHENBAUM executed and filed with the
City a Covenant To Run With The Land containing all the
customary protections for the City, including the stipula-
tion 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. The Covenant To Run With The Land dated
March 13, 1972, executed by PAUL E. ROSEN and JUDITH ROSEN,
his wife, holding an undivided one-half interest and JOSEPH
M. KIRSCHENBAUM, a single man, holding an undivided one-half
interest in a certain 99 year lease dated January 27, 1972,
from J. J. TITTLES and EVELYN I. TITTLES, his wife, as record-
ed in Official Record Book 7579 at page 460 of the Public
Records of Dade County, Florida, relating to the construction
of a temporary sanitary sewer force main from their property
at 900-928 N. W. 45th Avenue to the City's sanitary sewer
force main interceptor at N. W. 9th Street and N. W. 45th
Avenue, copy of said Covenant being attached hereto and 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.
MEM
PASSED AND ADOPTED this
1972.
PREPARED AND APPROVED BY:
Harold Young
Special Couns
REVIEWED BY:
Jack R. Rice, Jr.
Assistant to Directo
APPROVED AS T / FO
/
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/ / / ,,
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1 1 i •N__
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ORRi NESS:
24an H. R thstein
City Attorney
3
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=ar- r rt.t
TO:
i
FROM:
H. D. Southern
City Clerk
nt E .
67f-
epartment of Public Works
Central
CATS: December 5, 1972 FILE: 139-10-ZZZ
SUBJECT:
REFERENCES:
ENCLOSURES:
Certificate of Insurance for
Sanitary Sewer Force Main Covenant
Recorded in O.R.B. 7664, P. 665
Paul Rosen, et al
Insurance Certificate
We are enclosing for your files an Insurance Certificate from Cosmo-
politan Mutual Insurance Company.
This Insurance Certificate is in the amount of $100,000/$300,000
Comprehensive Liability and $50,000 Property Damage for Paul Rosen,
et al.
Please attach this Insurance Certificate to the original Covenant in
your files.
VEG:ECG: j t
a MUTUAL iws11RANa t:OMPANr
Yi 10 COtbMbaf CIRCLE, NEW YORK, N. Y. 10019
/ CERTIFICATE OF INSURANCE . ,
fhis is to certify that insurance policies issued to:
Paul Rosen d/b/a PAUL ROSEN CONSTRUCTION COMPANY
INAME)
I150 S E Second Avenue Miami Florida 33131
(ADDRESS)
the number and expiration dotes of which are listed below are in force in this Company as of 5 December 1972
{DATE)
covering in accordance with the terms thereof at the following locations:
above and elsewhere in the State of Florida
TYPE OF POLICY
POLICY NUMBER
EXPIRATION
DATE
LIMITS OF LIABILITY
Bodily Injury I Property Damage
A. workmen's
Compensation
NOT APPLICABLE
B- Manufacturers or
Contractors Liability
Eoch Person $
Each Occurrence $
Each Occurrence $
Aggregate $
C. Owners or Contractors
Protective Liability
Each Person $
Eoch Occurrence S
Each Occurrence $
Aggregate $
D. Owners, Landlords
and Tenants Liability
Eoch Person $
Eoch Occurrence $
Eoch Occurrence $
E. Comprehensive Liability
(1) General
(2) Automobile
GLA17-71236-21
5 Dec 73
Each Person $ 100, 000
Each Occurrences 300, 000
Aggregate $
Each Occurrence $ 50, 000
Aggregate $ 100, 000
Each Person $
Each Occurrence S
Eoch Occurrence $
F. Automobile
Liability
Each Person $
Each Occurrence $
Each Occurrence $
G.
YEAR
TRADE NAME
BODY TYPE
IDENTIFICATION SERIAL MOTOR NO.
This certificate is issued at request of:
Nome CITY OF MIAMI, PUBLIC WORKS DEPARTMENT
Attn: Mr. E. C. Geiger
Address P. O. Box 708 Miami Florida 33133
whom we will notify of any material change in or cancellation of said policies. The Company does not assume any
liability in the event of failure to give notice or for any error. This certificate of insurance neither affirmatively
nor negatively amends, extends or alters the coverage afforded by said policies.
• s P s LIT '� A NSURANCE COMPANY
r���77
"w!tPPORTIVE DOCUMENT ... /
1i: "/'' a By • ele.r• :r`4. `tgr INC
FORM USA 11-71-30611
ncerr
and
tent
ord Accident and Indemnity Company
1 Citizens Insurance Company of New Jersey
is is to certify that the company designated
y Co. Code has issued to the named insured
ivies enumerated below.
ce. ceae
5
v CrTwin City Fire Insurance
Named insured and Address
Paul and Judith Rosen
35 S. HibiscuFlorida
e
Miami $each, indicated by
hazards and for the coverages
and altcrstof terms and conditions
with respect insuranceo the upend, extend
policies indicated herein apP1)es and Limits of Liability LIMITS)
entry herein but t�" thcrto ivies identifiedherein.
notCo (DUAL
'tic I
lC insurance coverage in (SINGLE .1 LIMIT l property Damage Liability
Bodily Injury Liability
*each I aggregate
*each occurrence��
each peen \ occurrence
�_.�----- 0 000 t _ 2 5.00o E 2� Poo
000'iE _ pp0 E
,000 s ---' , 000 t
xxxx
I 000 S p00
E 004000 -- ,000 Aggregate: s—
S ,000s 000E XXXX
I
�' AXX S -f — _ 000 XXXX
$ XXXX
,000\ X—,�S 00
Policy Number
and
Term
y.: Hazards policy
21MC589022
enera
remise s.Operations e5Liability I12� /72.12 5 /72
remise _ -- - —
ndependent Contractors — i f---
Completed Operations;
Products
Contractual (as described
below)
Automobile Liability
Owned Automobiles
Hired Automobiles
Non -Owned Automobiles
Workmen'sCompensation
and
Employers' Liability
Bodily Injury and
Property Damage Liability
*each aggTesatc
occurrence �
E
E
�ompe— Statutory
Em•lo ers' Liability
E ,000
$ ,000,000
ME
se
*If with r Liability AlAG or PGB, the word "occurrence'
utomobile Liability the Policy Number entered above includes the symbol GB, AZ, MVP,
*It with respect to A lies, contracts, etc.
cad "accident".
Umbrella
is amended to r rations, automobiles, ?,ovation and description of operations,
date.)
If is canceled, 30 days
w ritteennnotice poy will be given to:
wLSD
cove/*0T OJt.7`6
s . 7'L•tdr
Date
November 16,
Fenn AL- U_Z Printed in U. S. A. 9-'70
(For contracts, indicate type of agreement, party and
City of Miami, p1ic
Attention M ' E. C.
P. O. E
x 708
rid
1972 ..............
; . � ,, r,
Works Department
Geiger
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 13th day of March
A.D., 1972, by and between PAUL E. ROSEN and JUDITH ROSEN, his wife
holding an undivided 1/2 interest and JOSEPH M. KIRSCHENBAUM, a
single man holding an undivided 1/2 interest in a certain 99 year
lease dated January 27, 1972 from J. J. TITTLES and EVELYN I. TITTLES,
his wife, as recorded in Official Record Book 7579 at Page 460 of the
Public Records of Dade County, Florida parties of the first part and
hereinafter called OWNER, and THE CITY OF MIAMI, a municipal corpora-
tion of the State of.Plorida, in the County of Dade, party of the
second part, hereinafter called CITY:
WITNESSETHi
THAT WHEREAS, PAUL E. ROSEN and JUDITH ROSEN, his wife and JOSEPH
M. KIRSCHENBAUM, a single man are the owners of the following described
parcel of land, to wit:
TRACT "A" AND "B", IN BLOCK 2 OF LE JEUNE GARDEN
ESTATES, AMENDED PLAT OF BLOCK 1.•AND A PORTION OF
BLOCK 2,:ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 40 AT PAGE 85 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA'
WHEREAS, the OWNER proposes to•construct a 101 unit apartment
building on this site at 900-928 N.W. 45 Avenue and r quested from
the CITY a permit to construct, operate and maintainfa temporary 4-inch
sanitary sewer force main to provide the aforesaid ap-^artment building,
with sanitary sewer service, including all pipes and appurtenances
under the surface of certain streets and avenues in the City of Miami,
hereinafter designated and connect to a 54-inch sanitary sewer force
h main interceptor, 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 sanitary sewer force main and be dis-
charged into a sanitary sewer force main interceptor of the Department
of Water and Sewers in N.W. 9 Street at N.W. 45 Avenue.
NOW, THEREFORE, inconsideration 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 cf 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 into N.W. 9 Street, run easterly
across N.W. 45 Avenue to a point of connection with ,
a 54-inch sanitary sewer interceptor force main in
f' accordance with approved plans
2. The OWNER shall submit to the Department of Fublic Worr:;
plans and specifications for approval prior to the construction of said
sanitary sewer force main and a complete set of "AS BUILT" plans after
constri:ctior► of this force main has been completed, said plans -nu
specifications to be prepared by a professional engineer, registered in
the State of Florida; and
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fi,
3. The OWNER shal
certified survey notes of initiii _ • - -
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 thi's 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 preverits it from being or becoming a nuisance or detri-
mental to public heath 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 :Hain, and reconnect the sanitary sewer outfail 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 Rur.
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 snail obtain from all other governmental agerc:e:,
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
establ.:is:-.ed by law arising out of ;he granting of this COVENANT, and
w 11 cef v .d or cause to be defended, any action brought against the
C _T Y i ;,err�ctiorherewith; and the OWNER shall carry a general ce.-.-
pr eherUive liability insurance policy, which will include automobiles
and independent contractors, in the amount of $100,000/$300,COG bo::ily
injury ar.d $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
ifi!11,^^mot[. ,'r- r'. „!rr
1 %J.`., t. L. L.+iL1Y E. •
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IN
4..
lout 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:
WITNESSTH TO ALL SIGNATURES:
.44
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, PAUL E. ROSEN and JUDITH ROSEN, his wife and JOSEPH M. KIRCHEN-
BAUM, a single man 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 voluntarily for the purposes therein
expressed.
SEP M. KIRCHENBAUM
WITNESS my hand and official seal at Miami, County of Dade
and State of Florida, this 13th day of March, A.D., 1972.
My Commission Expires:
This Instrument is Executed
Pursuant to Resolution No.
Passed and Adopted
APPROVED AS TO FORM AND CORRECTNESS
• City Attorney
APPR ..ED'"AS TD/ E IPfi ON
r-?.-•c'-.-✓ ys ff
Director, Dept. of Public Worlys
This Instrument Prepared by
Ernest C. Geiger
Department of Public Works
City of Miami, Florida
OP 5
1-
>t
•
•
MAINTENANCE PERFORMANCE BOND
Amount:
00
$ 1,000xx
KNOW ALL MEN BY THESE PRESENTS, That we Paul Rosen & Joseph Kirschenbaum
dba Hale Kai Apartments
as principal, and American Indemnity Company of Texas
as surety, are held and firmly bound ;nto
THE CITY OF 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 13 March 1972
governing construction, installation and maintenance of sanitary sewer
force main system on land described as Traft "A" and "B", in Block 2 of LeJeune Garden Es-
tates, amended plat bf block 1 and a portion of Block 2, according to the plat thereof,
as recorded in plat book 40 at page B5 of the public records of Dade County Fla
(Indicate work to be performed)
to be performed by the principal, including the posting of c.;.. ..,;enance
performance bond, as provided in said Covenant; and
WHEREAS, the principal is required to obtain a backfilled -;.rench
compacted as to result in only minute settlement; and
WHEREAS, to insure that the City shall suffer no loss through sub-
_uent pavement failure, the principal shall post a
0ne Thousand Dollar ($ 1,000.00 ) maintenance
Jrformance 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 - - - essively settled
areas that may develop in by the principal;
and
Form PW #233 2/72
OSSIP INSURANCE AGENCY. INC.
"Service Beyond The Contract"
4800 N.E. 2nd AVENUE
MIAMI FLA 33137
757-5551
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 (A") 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,
tie 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 gtth day of March
1972..
By:
Witness
By:
Approved as to Form and Correctness
City Attorney
Paul Rosen & Joseph Kirschenbaum dba
HALE KAI APARTMENTS Qapartnership)
MINIM ,- (SEAL)
(SEAL)
ra trine r
AMERICAN INLE4NITY COMPANY
Surety
Albert E iprney-in-Fact
NOTE: Whenever the Principal or Surety is a corporation, it should
give the State of its organization and should be siCned by the
president and attested to by the secretary. In a partnership,
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)
• arm PW 11233 2/72
- 2 -
4
intrtratt, if6tinititg gilitrApant
GALVESTON, TEXAS
POWER OF ATTORNEY
No. 1080
KNOW ALL MEN BY THESE PRESENTS:
That the American Indemnity Company, of Galveston, Texas, has made, constituted and appointed, and by these
presents does make, constitute and appoint, ALBERT E. OSSTP _
of MIAMI, FLORIDA , its true, sufficient and lawful
attorney with full power and authority to make, execute and deliver for it, in its name and in its behalf as surety,
bonds and undertakings as follows:
ALL BONDS AND UNDERTAKINGS PROVIDED HOWEVER THAT NO BOND SHALL BE IN
EXCESS OF THE SUM OF FIFTY THOUSAND AND NO/100 ($ 50, 000.00 )
DOLLARS UNLESS THE EXECUTION OF SUCH BOND BE AUTHORIZED BY THE HOME
OFFICE IN WRITING OR BY TELEGRAM.
subject, however, to the instructions, rules and regulations which said American Indemnity Company may from
time to time promulgate and not otherwise; hereby giving its said attorney full power and authority to do every-
thing whatsoever requisite and necessary to be done for the purpose of making, executing and delivering such
obligations as fully as the officers of said American Indemnity Company could do if personally present, and hereby
ratifying and confirming all that its said attorney shall lawfully do or cause to be done by virtue hereof, but
reserving to itself full power of substitution and revocation.
IN WITNESS WHEREOF the American Indemnity Company has caused its Corporate Seal to be hereunto
attached and these presents to be duly executed by its proper officers at the City of Galveston, Texas, this
3 3th day of
APRIL ,194CL.
AMERICAN INDEMNITY COMPANY,
Attest Y.H. FELTS, JR. By J.F. SEINSHEIMER, III.
Secretary. Vice -President.
EXTRACT FROM BY-LAWS OF AMERICAN INDEMNITY COMPANY
Article 3—Section 4. The President or any Vice President shall have power by and with the concurrence of
any Secretary or Assistant Secretary, to appoint any Attorney -in -Fact, or to authorize any person or persons
to execute on behalf of the Company, any bonds, recognizances, stipulations, undertakings, deeds, releases of
mortgages, contracts, agreements and policies and affix the seal of the Company thereto.
STATE OF TEXAS, ss:
COUNTY OF GALVESTON,
I, Y.H. FELTS, JR. , Secretary of the American
Indemnity Company, hereby certify that the foregoing is a true copy of Article 3, Section 4, of the By -Laws of the
American Indennuty Company.
Given under my hand and the seal of the said American Indemnity Company this 13th day
of APRI L
STATE OF TEXAS,
COUNTY OF GALVESTON,
On this _Lath day of APRIL
and for Galveston County, Texas, duly commissioned
ss:
F..ELTH,_ flL.
Secretary.
, 19_ 0., before me, the subscriber, a notary public in
and qualified, came J. F. S;INSHFII:R, III , Vice -
President, and. W. H . FELTS, JR . , Secretary, of the American Indemnity Company, to me
personally known to be the persons described in end who executed the foregoing instrument and they duly and
severally acknowledged to me that they executed the same for the purposes and consideration therein expressed,
and in the capacities therein stated ; and each of them being by me duly and severally sworn, each for himself
deposes and says that they reside in Galveston, Texas, that they are the Vice -President and Secretary
respectively, of the American Indemnity Company, the corporation described in and which executed the foregoing
instrument; that they know the corporate seal of said corporation; that the seal affixed to the foregoing instru-
ment is 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.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above mentioned.
A.J. YURI`:OVICH
Notary Public, Galveston County, Texas.
STATE OP TEXAS, My Commission expires June 1st., 19_ 1_-.
COUNTY OF GALVESTON, ss:
I, ___ . .JOii LJ1. _1-1UTLIINGS..., Assistant Secretary of American Indemnity Company, do hereby certify
that the abc,ve and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is
still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set m hand and affixed he seal of said Company, at the City of
Galveston, Texas, this ..- y — day of A. I).�]9_
//
JOHN 'H.' iiU'i'ClitNG5.4 'Assistant Secrethry.
.0 S .:(1 7Di 2-GS
IMOD
11 i1C earearent r
CERTIFICATE OF INSURANCE
4 (ICI Hartford 1 burance Company
eci Hartford Acitden t and IndeMnity Company
Citizens Insurance Company of New Jersey
This is to certify that the company designated
in by Co. Code has issued to the named insured
Its policies enumerated below.
Co. Cede
5 _.
r
�. ® New Yorl derwritersittsura
(71 Twin Clt .rc Insurance Co .
Named 1nfthe CRIME
PAUL & JUDITII1 v5RN 6 AM 8t 36
35 S.B..HibiscugERFkitaucloox
Miami Beach, €t0MIAMI, FLA.
The policies indicated herein apply with respect to the hazards and for the coverages and limits of liability indicated by
specific entry herein but this certificate of insurance does not amend, extend'o
r otTi' rwlse alter the terms and conditions
of the insurance coverage in the policies identified herein.
Coverages and Limits of Liability
(SINGLE LIMIT)
(DUAL LIMITS)
Hazards
Policy Number
and
Policy Term
Bodily injury and
Property Damage Liability
Bodily Injury Liability
Property Damage Liability
*each
occurrence
aggregate
each person
*each
occurrence
*each
occurrence
aggregate
General Liability
Premises -Operations
21MC 587974
$ ,000$
,000$
1000oo$
300 ,000$
50 ,oao$
50 ,000
Independent Contractors
$ ,000$
,000
$ ,000
$ ,000
$ ,000
$ ,000
Completed Operations;
Products
$ ,000$ ,000
$ ,000
$ ,000
$ ,000
$ ,000
$ ,000$
,000
Aggregate:
$ ,000
XXXX
XXXX
Contractual (as described
below)
$ ,000;$
,000
$ ,000
$ .000
$ ,000
$ ,000
Automobile Liability
Owned Automobiles
$ ,000i
XXXX
S ,000
$ ,000
$ ,000
XXXX
Hired Automobiles
$ ,000 XXXX
S ,000
$ ,000
$ ,000
XXXX
Non -Owned Automobiles
1
$ ,000 XXXX
S ,000
$ ,000
$ ,000
XXXX
Workmen's Compensation
and
Employers' Liability
Compensation — Statutory
Employers' Liability — $ .000
Umbrella Liability
$ ,000,000
'If with respect to Automobile Liability the Policy Number entered above includes the symbol GB, AZ, MVP, MAC or PGB, the word "occurrence
is amended to read "accident".
Location and description of operations, automobiles, contracts, etc.
date.)
If policy is canceled, 30 Days
written notice will be given to:
Date 4/5/72
Form AL-12-2 Printed in U. S. A. 9-'10
(For contracts, indicate type of agreement, party and
CITY OF MIAMI PUBLIC WORKS DEPARTMENT
Atten: Mr. E.
P.O. Box 708
Miami, Florida
IIPFR
IR-z2,21r.
C. Geiger
33133
INSURANCE AGENCY, INC.
Authorized Representative
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 13th day of March
A.D., 1972, by and between PAUL E. ROSEN and JUDITH ROSEN, his wife
holding an undivided 1/2 interest and JOSEPH M. KIRSCHENBAUM, a
single man holding an undivided 1/2 interest in a certain 99 year
lease dated January 27, 1972 from J. J. TITTLES and EVELYN I. TITTLES,
his wife, as recorded in Official Record Book 7579 at Page 460 of the
Public Records of Dade County, 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, PAUL E. ROSEN and JUDITH ROSEN, his wife and JOSEPH
M. KIRSCHENBAUM, a single man are the owners of the following described
parcel of land, to wit:
TRACT "A" AND "B", IN BLOCK 2 OF LE JEUNE GARDEN
ESTATES, AMENDED PLAT OF BLOCK 1 AND A PORTION OF
BLOCK 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 40 AT PAGE 85 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA
WHEREAS, the OWNER proposes to construct a 101 unit apartment
building on this site at 900-928 N.W. 45 Avenue 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 appurtenances
under the surface of certain streets and avenues in the City of Miami,
hereinafter designated and connect to a 54-inch sanitary sewer force
main interceptor, 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 sanitary sewer force main and be dis-
charged into a sanitary sewer force main interceptor of the Department
of Water and Sewers in N.W. 9 Street at N.W. 45 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 slang the following specified route:
From a pump station located on the OWNERS property,
thence run South into N.W. 9 Street, run easterly
across N.W. 45 Avenue to a point of connection with
a 54-inch sanitary sewer interceptor force main in
accordance with approved plans
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, registered in
the State of Florida; and
1111),IlhiLailaillifillAlmIli 1011111 i 111111111 Oki I It 11II1ullwllliui!ul m illi IIIIIIIII11111
AIL
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
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Rt 7664 764 667 44
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:
WITNESSTH TO ALL SIGNATURES:
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, PAUL E. ROSEN and JUDITH ROSEN, his wife and JOSEPH M. KIRCHEN-
BAUM, a single man 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 voluntarily for the purposes therein
expressed.
WITNESS my hand and official seal at Miami, County of D d0C- r; ,�,),Y•.•.
and State of Florida, this 13th day of March, A.D., 1972..��,4,.‹ .
0•:
My Commission Expires:
/V
Not
Larg
This Instrument is Executed
Pursuant to Resolution No. 72-26
Passed and Adopted April 6, 1972
Public, • tat ofp�'.1,Q;r, . t
,, .,-C
APPROV D AS TO FORM AND CORRECTNESS APPR AS TO p'TION
Director, Dept. of Public Wor
This Instrument Prepared by
Ernest C. Geiger
Department of Public Works
City of Miami, Florida
- 3 -
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