HomeMy WebLinkAboutR-72-0027Par/ti
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RESOLUTION N0. 72411.007
A RESOLUTION ACCEPTING THE COVENANT TO RUN
WITH THE LAND DATED MARCH 20, 1972 FROM
LEON G. NICHOLS, RELATING TO THE CONSTRUCTION
OF A -TEMPORARY SANITARY SEWER FORCE MAIN; AND
AUTHORIZING THE ISSUANCE OF A PERMIT FOR SAID
CONSTRUCTION.
WHEREAS, Leon G. Nichols owns the property at 5201
N. W. 7 Street and proposes to construct thereon a 210
unit apartment 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 sanitary sewer interceptor force main
at N. W. 7 Street and N. W. 55 Avenue; and
WHEREAS, in connection with the request for permission
to construct the temporary force main, Leon G. Nichols
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:
Section 1. That the Covenant to Run With the Land dated
March 20, 1972, executed by Leon G. Nichols, relating to the
construction of a temporary sanitary sewer force main from
their property at 5201 N. W. 7 Street to the City's 54-inch
"SUPPORTIVE
t LA
96
CITY COMMISSION
MEETING OF
APR 6 1972
tr•
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sanitary sewer interceptor at N. W. 7 Street and N. W.
55 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 of , 1972.
PREPARED AND APPROVED BY:
4(
/ �'
R. H/ris Tur r, Assistant City Attorney
REVIEWED BY:
Jack R. Rice, Assis ant Director
APPROVED AS TO FORi6 CORRECTNESS:
Alan H. Rothstein, City Attorney
i' CONTIMIINTAL INSURANOAOMPANY
80 Maiden Lane, New York, New York 10038
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has
made, constituted and appointed, and by these presents does make, constitute and appoint
Carolyn P. Drew of Jacksonville, Florida
its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as
surety, bonds, undertakings and contracts of suretyship to be given to
all obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount
the sum of Five Hundred Thousand ($500,000.) Dollars.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the
following Resolution adopted by the Board of Directors of THE CONTINENTAL INSURANCE COMPANY on
the 17th day of October, 1957 as amended April 20th, 1961:
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or any
Vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the
attorney named in the given Power of Attorney to execute in behalf of THE CONTINENTAL INSURANCE COMPANY, bonds,
undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them
hereby is, authorised to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached."
In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be
hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its
Secretaries this 15th day of April, 1971.
THE CONTINENTAL INSURANCE COMPANY
Attest: By
Secretary
STATE OF NEW YORK,
COUNTY OF NEW YORK, 5
Vice•President
On this 15th day of April, 1971, before me personally came R. K. Ruesch, to me known, who being by me duly
sworn, did depose and say that he resides in New Providence, in the County of Union, State of New Jersey, at 35 Alden
Road; that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in
and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation
and that he signed his name thereto by like order.
ti
CERTIFICATE
STATE OF NLW YORK, �l
COUNTY OF NEW YORK, l
XRY TOBIN
Notary Public, S•:,te of Now vnrk
No. 30-3993365
Qualified in Nassau County
Certificate filed in New York County Clerk's Office
Commission Expires March 3G, 1973
I, the undersigned, an Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY, a New York cor-
poration, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has
not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of
Attorney, is now in force.
Signed and sealed at the City of New York. Dated the l7th day of August , 19 73.
11 Bond 431 SC
�.J11PPOETIVE
_To.
a
S,Lzff-N
Asst. Secretary
Printed is U.S.A
,jJ
MAINTENANCE PERFORMANCE BOND
Amount:
$2.000.
KNOW ALL MEN BY THESE PRESENTS, That we OUTRIGGER APARTMENTS, INC .
A Florida C Qrporation
as principal, andTHE CONTINENTAL INSURANCE COMPANY
as surety, are held and firmly bound nto
THE CITY OF MIAMI, FLORIDA
in the sum of Two Thousand and no/100
Dollars
($ 2,000. ), 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 March 20, 1972
governing _ Sanitary Sgtiyvr force_rciaitl trim Qyvners
property thence run to the south side of N. W _ 7 Street thenne ran westerly to N- W _
55 Avenue.
(Indicate work to be performed)
to be performed by the principal, including the posting of d:.. ,;enance
performance bond, as provided in said Covenant; and
WHEREAS, the principal is required to obtain a backfilled :oa nch
_: 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 Two Thousand and no/100
Dollar ($ z.000_ ) maintenance
ar'ormance 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
4.-Y*.%I.y:.'.+E`:[SsF: •rse-2� `.d.'iiG`i�i+'Y:�c'
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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 04") 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 17th day of August
19...73.• OUTRIGGER PARTMENTS, INC.
den
reta
(SEAL)
(SEAL)
THE CONTINENTAL INSURANCE COMPANY
Surety
By: (:a,A[1 .c) 22e.,4/-
WitnessCttorney-in-Fact
Carolyn P. Drew
Approved as to Form and Correctness
/ /n
NOTE: Whenever the Principal or Surety is a corporation, it, sh:::1."
give the State of its organization and should be signed by r.f.e
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.
Atto ney
(Attach this Bond to the Covenant)
Form PW #233 2/72
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I h t 5 2" '72 JUN 2 Al $ 4
REG V38 ti 970*
COVENANT TO RUN WITH THE LAND
THIS COVENANT, made and entered into this 20 day of MARCH,
A.D., 1972, by and between LEON G. NICHOLS, a single man of 100 Bis-
ayne Boulevard, Miami, 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,
hereinafter called CITY:
WITNESSETH:
THAT WHEREAS, LEON G. NICHOLS, a single man, is the fee owner of
the following described parcel of land, to wit:
PARCEL 1: All of Tract 31, less the South 5 feet
thereof of NORTHWEST 7TH STREET GARDENS HOMESITES,
according to the Plat thereof, as recorded in Plat
Book 40, at Page 28, of the Public Records of Dade
County, Florida.
PARCEL 2: All of Tract 2, less the East 2604 feet
thereof, and the West 100 feet of the East 2604
feet of Tract 2, Plat of that portion of the SE 1/4
of Section 31, Township 33 South, Range 41 East,
lying South and Southeast of Tamiami Canal, accord-
ing to the Plat thereof, recorded in Plat Book 28,
at Page 10, of the Public Records of Dade County,
Florida; LESS the South 5 feet and the West 20 feet
thereof.
WHEREAS, the OWNER proposes to construct a 210 unit Apartment Build-
ing at 5201 N.W. 7 Street and has requested from the CITY a permit to
construct, operate and maintain a temporary sanitary sewer force main
to provide the aforesaid Apartment Building with sanitary sewer service,
including all necessary pipes and appurtenances under the surface of
certain streets and avenues in the City; and connect to a 54-inch sani-
tary 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
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, as provided by the Department of Water and Sewers
of the City of Miami; and
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 aid 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 to the South side of N.W. 7 Street, thence
run Westerly to a point of connection at N.W. 55 Avenue
with a private force main installed by Hesson-Lazare, Ltd.
also known as Ski & Surf Apartments.
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 speci-
fications to be prepared by a professional engineer, registered in the
State of Florida; and
-NT
1
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
14. 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 Apartment
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
>:n
2 -
W 7736 7; 972
otb 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 Deliverd
In the Presence of:
STATE OF FLORA)
COUNTY OF DADE )
LEON G. NICH
I HEREBY CERTIFY that on this day personally appeared before me,
an officer duly authorized to administer oaths and take acknowledge-
ments, LEON G. NICHOLS to me well known to be the person described in
and who executed the foregoing instrument and acknowledged before me
that he executed the same freely and voluntarily for the purposes there-
in l ,pp, ssed .
110/
'a'� 'J At • uy hand and official seal at , County
„.y1d° a..751 ,Florida, this 20 day of MARCH, A.D., 197
gyR �o .ssi: Expires •
TrQjpR PU�':iC,', t FLORIDA at LAM'
M ISS.;;. ^y.� n‘'ES MAR. 26, L975
Au y 0l �n nn.+e.raa �acNcY
This Instrument is Executed
Pursuant to Resolution No. 72-27
Passed and Adopted April 6, 1972
of Dade
~'Notary"Public, State of Florida
at Large
APPROVED AS TO FORM AND CORRECTNESS APPROVED AS TO D
:;a:1
Director, Dept. of Public WorklsJ
This Instrument Prepared by
Ernest C. Geiger
Department of Public Works
City of Miami, Florida
- 3 -
REC /736 PC 973
STEVE HESSEN
COMPANY OF FLORIDA
5105 SA 74 Stmt. Seth Mismt, FNrtds 33143 / Rior:111.1123 n 11$1.7503
April 27th, 1972
Mr. Vincent E. Grimm, Jr.
Director
City of Miami
Department of Public Works
3332 Pam American Drive
Miami, Florida 33133
Dear Mr. Grimm:
Please be advised that Hessen-Lazare, Ltd. hereby permits
Leon Nichols, Trustee for Outrigger Apts., Inc. (210 units)
to hookup their line as outlined in Covenant for a Sanitary
Sewer Force Main, executed January 28th, 1972, in Official
Record Book 7578, at Page 935, of the Public Records of Dade
County, Florida, subject to all the conditions and specifi-
cations as outlined in the recorded instrument.
Hessen-Lazare, Ltd. hereby permits Outrigger Apts., Inc., to
use their force main and shall not deny this use as long as
need exists.
Yours very truly,
HESSEN - LA BE, LTD.
Steve Hessen
STATE OF FLORIDA :
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgements, personally appeared STEVE HESSEN,
well known to me to be a Limited Partner of Hessen-Lazare, Ltd.,
described in and who executed the foregoing instrument and he
acknowledged before me that he executed same. ,,RR1i1
WITNESS my hand and official seal in the Count.-064 "S ``",:.
last aforesaid this 27�k day of April A.D. 1972.-.:1Ji
t,k 1'
NOTARY PUBLIC, STATE of FLORIDA at LARGE
BONDED tU U GENERAL IN URANCE�UNDERWRITERS
X3`,
Notary Publfc State off;:
at Large
II 410
1R-7,244-7
Section 2. The Property Manager be, and he
directed to record the aforesaid Covenant is hereby,
in the Public Records of Dade County.
C4
CITY COW, , ,
Mirk.)
APR O 1072 Q(�
RESOLUUUONIttliARM
NOTARY PUBLIC, STATE of FLORIDA at DIRGE
WI 97
ONDEDA(N UvGENERAL INSURANCE UN EION EXPIRES MAR. RWR TERS
REC7736 PG 973
STEVEHESSEN slios S.W. 74 Street, teeth Mimi, Florida 33143 Ohm or 1i1.711?
COMPANY OF FLORIDA
Mr. Vincent E. Grimm, Jr.
Director
City of Miami
Department of Public Works
3332 Pam American Drive
Miami, Florida 33133
Dear Mr. Grimm:
April 27th, 1972
Maim • ma.11111vow mi.
IT Not mint 114
Nan lit
S. B.
Please be advised that Hessen-Lazare, Ltd. hereby permits
Leon Nichols, Trustee for Outrigger Apts., Inc. (210 units)
to hookup their line as outlined in Covenant for a Sanitary
Sewer Force Main, executed January 28th, 1972, in Official
Record Book 7578, at Page 935, of the Public Records of Dade
County, Florida, subject to all the conditions and specifi-
cations as outlined in the recorded instrument.
Hessen-Lazare, Ltd. hereby permits Outrigger Apts., Inc., to
use their force main and shall not deny this use as long as
need exists.
Yours very truly,
HESSEN - LAZARE, LTD.
Steve Hessen
STATE OF FLORIDA :
COUNTY OF DADE :
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the County afore-
said to take acknowledgements, personally appeared STEVE HESSEN,
well known to me to be a Limited Partner of Hessen-Lazare, Ltd.,
described in and who executed the foregoing instrument and he
acknowledged before me that he executed same •
WITNESS my hand and official seal in the Coun 3i'..st, i'.s , Y,
last aforesaid this „z7-e..w day of April A.D. 1972..,?' . ,, /
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Notary Public State
at Large
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