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Home My WebLink AboutR-72-0028•. 1, tr) Gy YNi 55 + �Z HY:er 3/24/72 RESOLUTION NO.72. zg A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED MARCH 7, 1972 FROM MIAMI NATIONAL BANK RELATING TO INSTALLATION OF UNDERGROUND CONDUITS UNDER THE ALLEY AT THEIR ADDRESS, 8101 BISCAYNE BOULEVARD; AND DIRECTING THE PROPERTY MANAGER TO RECORD THE COVENANT IN THE PUBLIC RECORDS OF DADE COUNTY. WHEREAS, Miami National Bank, 8101 Biscayne Boulevard, is constructing certain drive-in teller offices across an adjacent alley from the Bank and require underground con- duits across the alley right-of-way to convert these offices to the Bank and to the A.D.T. Alarm System with electric, telephone, alarm and public address cables; and WHEREAS, Miami National Bank has filed with the City a Covenant To Run With The Land containing the customary guarantees and protections for the City, and it is now in order for the Covenant to be accepted by the City and recorded in the Public Records of Dade County. 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 7, 1972, from Miami National Bank be, and the same is hereby, accepted, copy of said Covenant being attached hereto and made a part hereof. Section 2. The Property Manager be, and he is hereby, directed to record the aforesaid Covenant in the Public Records of Dade County. LLCM! 1. 72R 1 \'tf E FC1TY AFR 6 1972 RESOLUTION NO2.?" g II 1111111 u 1IIU lPINio • PASSED AND ADOPTED this G day o 1972. PREPARED AND APPROVED BY: Harold Young Special Coun-e REVIEWED BY: - .flack R. Rice, Jr. Assistant to Director APB1tO ; D AS CORRZCTNESS: Alan H. othstein City Attorney f 9:$ PEG `,- 11PC • l�213 6fO 7 COVENANT TO.RUN WITH,.THE.LAND THIS COVENANT, made and entered into this 7 day of rylioNQG H A.D. 1972, by and between MIAMI NATIONAL BANK, a corpo- ration existing under the laws of the Un ited States of America and lawfully authorized to transact business in the State of Florida, whose principal place of business is 8101 Biscayne Boulevard, Miami, Florida, hereinafter called the party of the first part, and THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Dade, hereinafter called the party of the second part; WITNESSETH: THAT, in consideration of the issuance by the party of the second part to the party of the first part of a permit to construct, install, maintain and operate two-inch underground conduits encased in concrete and install Electric, Telephone, A.D.T. Alarm System and Public Address cables in said conduits, across and under the surface of a fifteen (15.00) foot wide dedicated public alley in Block 9 of SHORE CREST, as recorded in Plat Book 10, at Page 23, of the Public Records of Dade County, Florida, thereby connecting the drive-in facility located on Lots 10 and 19 and the Bank Build- ing located on Lots 15, 16, 17 and 18 in Block 9 of said SHORE CREST. The party of the first part does hereby covenant with the party of the second part that it will construct, install, maintain and operate said conduits and cables in such a manner that they will not be or become a nuisance nor detrimental to public health, wel- fare and safety nor to injure any other property in the vicinity thereof; THAT, prior to the work being commenced as authorized in this Covenant, the party of the first part shall submit to the party of J,°Li T IX 7 - b:// m 110 rr- L :7664:PC 659 9 the second part detailed plans and specifications of the proposed construction that is to be placed within the public alley and the approval of said plans shall be first obtained from the Director of the Department of Public Works of The City of Miami prior to said construction, and shall obtain all necessary permits. Further, the party of the first part does hereby assume all responsibility and liability for any damage or claim of damage or cost arising from construction, installation, maintenance, operation or existence of said conduits and cables, and will hold the party of the second part harmless from any such damage or claim of damage, award, order, judgment or decree rendered against the party of the second part arising from or incident to the construction, installa- tion, maintenance, operation or the existence of such conduits or cables and to defend any suit to which the party of the second part may be made a party defendant. The party of the first part agrees to relocate, remove or otherwise abandon said conduits and cables at its expense at any time the Director of the Department of Public Works of The City of Miami, or his successor in duties shall request that such conduits and cables be relocated, removed or otherwise abandoned, and to com- plete the work of relocating, removing or otherwise abandoning said conduits and cables within thirty (30) days after the Director of the said Department of Public Works shall mail a request for the relocating, removing or otherwise abandoning to the party of the first part. In the event the said party of the first part shall not com- plete the relocating, removing or otherwise abandoning, as the case may be, of such conduits and cables within thirty (30) days after the request therefore shall have been mailed, as hereinabove pro- vided, the City Manager of The City of Miami or his successor in 11 f, ft ftft =a 4f. 7664 PG 660 duties, as the agent of the party of the first part (which agency for this purpose is hereby created and irrevocably established) shall proceed to procure such work to be done by a competent party at the cost of the party of the first part who specifically agrees to pay the cost thereof upon the presentation of a statement of cost by the contractor or other individual or firm or corporation furnish- ing or performing any labor or material used for such purpose. A lien for the work done and for materials furnished may be established and enforced as any claim may be established and en- forced as a lien under the Statutes of the State of Florida for work done or material furnished under a contract entered into by an agent duly authorized for work and material furnished to the property of his principal. THIS COVENANT TO RUN WITH THE LAND, on property legally des- cribed as a "15.00 foot wide dedicated public alley in Block 9 of SHORE CREST, as recorded in Plat Book 10, at Page 23, of the Public Records of Dade County, Florida", shall be binding upon the parties hereto, their successors or assigns where the context so requires. IN WITNESS WHEREOF, MIAMI NATIONAL BANK has caused these presents to be signed and executed in its name by its proper officers and its corporate seal to be affixed, attested by its Secretary the day and year first above set forth. . geer+ctary- scr4J,►ta F.1ANEE1ej. Vice. Pus Anil QADI lel' -3- MIAMI NATIONAL BANK By: 1-1oyo __ dcnt Eu 1S't�►N, (co Q V4Cle- 3f 4 76 4 c 661 REC. ay- STATE OF FLORIDA) COUNTY OF DADE ) I HEREBY CERTIFY that on this i day of A%cc..„1 A.D. 1972, personally appeared before me, an officer duly authorized Lloy v (DELsrel .) IANAto �. to administer oaths and take acknowledgments- and -NA t- Wt eizAe& SeN►0& thee, CAS -tea B, President and respectively of MIAMI NATIONAL BANK, a corporation existing under the laws of the United States of Ameri- ca, and known to me to be the persons who signed the foregoing in- strument as such officers for the uses and purposes therein mentioned, and that they affixed thereto the official seal of said corporation, and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Miami, County of Dade a ,ikte,, of Florida the day yo s_is fin Expires N t c State OEflerida at Lame. - M Cemmi sw, d-xpirfsJune 25,1373. 9,r •'........• ,.\ Pl. clIPloe ',4„,. trtrtti;,..+�0 and year aforesaid. This Instrument Was Accepted Pursuant to Resolution No. 72-28 Passed and Adopted April 6, 1972 ,R O�GQ i(a < otary Publ APP'IVED AS TO FORM AND CORRECTNESS APPROVED AS TO D. Cit t rney This Instrument Prepared By: Ernest C. Geiger Department of Public Works City of Miami, Florida -4- fkixo•ki • omelet aim_ 4111 kw *olio vE ,y Ot sow