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Home My WebLink AboutR-72-0061c • RESOLUTION NO. 472A-V A RESOLUTION ACCEPTING THE MARCH 1, 1972 COVENANT TO RUN WITH THE LAND FROM MIAMI- DADE JUNIOR COLLEGE RELATING TO CERTAIN PAVEMENT, CURB AND SIDEWALK AT THEIR DOWNTOWN SITE IDENTIFIED AS COLLEGE SQUARE; AND DIRECTING THAT THE COVENANT BE RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY. WHEREAS, Miami -Dade Junior College is in the process of constructing their downtown campus in the block bounded by N. E. 1st and 2nd Avenues between N. E. 3rd and 4th Streets, now identified as College Square, by record plat filed in the public records of Dade County in Plat Book 90 at Page 87; and WHEREAS, the Junior College has requested permission from the City to construct and maintain certain new traffic lanes for ingress and egress to a proposed bus stop which construction will require removal of certain sidewalks and curbs in the right-of-way of N. E. 1st Avenue, as well as certain other work, all of which has been investigated and approved by the Department of Public Works, subject to the filing by the Junior College a Covent To Run With The Land containing all of the customary guarantees and protection for the City of Miami; and WHEREAS, the Junior College has executed a proper Covenant To Run With The Land which has been approved by the Director of Public Works and the City Attorney and it is now in order for the Commission to formally accept the Covenant and to direct that it be recorded in the Public CITY COMM1t MEETING APR 6 1972 moomma Ak.72 4/ Records of Dade County. Tn • NOM NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The March 1, 1972 Covenant To Run With The Land, executed by Miami -Dade Junior College, relating to certain pavement, curbs and sidewalks on N. E. 1st Avenue between N. E. 3rd and 4th Streets along the property identified as College Square 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 in the Public Records the aforesaid Covenant To Run With The Land. PASSED AND ADOPTED this day o 1972. PREPARED AND APPROVED BY: Harold Young Special Counse REVIEWED BY: Jack R. Rice, Jr. Assistant to Direct APP OVD AS 0'F Al - . Rothstein City Attorney 0" CTNESS: ' ', a H • : St OS Ja 1/ler 4/72 P E C 7664 PG 654 OP COVENANT TO RUN WITH THE, LAND THIS COVENANT, made and entered into this /i�day of 1972, by and between MIAMI-DADE JUNIOR COLLEGE, a corporation not for profit and organized under the laws of the State of Florida, whose principal place of business is 11011 S. W. 104 Street, Miami, Florida, hereinafter called the "OWNER" and the City of Miami, a municipal corporation of the State of Florida, in the County of Dade, and hereinafter called "CITY". W ITNESSET H: In consideration of the mutual covenants and agreements hereinafter set forth and in further consideration of One Dollar ($1.00) and other valuable consideration, the parties hereto covenant and agree as follows: 1. The City will issue a permit to the Owner for the construction, installation, and maintenance of new traffic lanes for ingress and egress to the proposed bus stop on the property identified as College Square and recorded in Plat Book 90, at Page 87, of the Public Records of Dade County, Florida, the said permit to allow the removal of existing sidewalk and curbs front- ing on the N. E. First Avenue portion of said College Square. This permit will also include the right to repave the area damaged by the removal of the existing sidewalk and curbs, all in accordance with a schematic sketch being engineering drawings No. SD1 and SW1, submitted by,the Owner, and approved by the Director of the Department of Public Works of the City. 2. The City will allow the Owner to remove a portion of the existing sidewalk and curb on N. E. First Avenue abutting said �fGof •7 G&. G 655 III College Square as per engineering drawings No. SD1 and SW1, submitted to and approved by the Director of the Department of Public Works of the City. 3. The Owner, at its sole cost and expense, shall remove the existing sidewalk and curb and construct a new sidewalk of the proper width on a line lying east of the west property line of said College Square along N. E. First Avenue as determined by the Director of the Department of Public Works of the City, pursuant to plans and specifications submitted by the Owner and as approved by said Director of the Department of Public Works of the City. 4. The Owner, at its sole cost and expense, shall make all improvements as required by the City within the N. E. First Avenue street right-of-way necessitated by the work authorized under this permit. 5. The Owner shall preserve and maintain the newly constructed sidewalk on its property until the Owner decides to eliminate the bus stop lane. The Owner will then remove same and install a sidewalk in the original location in the City right-of- way or at a location and width in the City right-of-way as determined by the City. That in the event that the bus stop lane is eliminated by the Owner the Owner may terminate the covenant described herein. This covenant shall also be terminated upon demolition of the building located upon College Square subject to the sidewalk being relocated as required above. 6. The Owner shall pay all assessments of every kind and nature imposed in connection with the carrying out of the work provided in this Covenant to Run with the Land. -2- R7664 Fc 65 7. The Owner shall furnish to the City a liability insur- ance policy covering personal injury in the amount of $I0r ,000.00 per person, $300,000.00 per occurrence, and property damage in the amount of $50,000.00 in which the City is included as a named in- sured, said policy to be renewed from time to time as may be neces- sary to keep said policy in full force and effect until the old sidewalk has been relocated in the City's right-of-way from the termination of this covenant. 8. The Owner covenants that it is the fee simple owner of the property identified as College Square, as recorded in Plat Book 90, at Page 87, of the Public Records of Dade County, Florida. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective proper officers duly authorized thereunto, the day and year first above written. DISTRICT BOARD OF TRUSTEES MIAMI-DADE JUNIOR COLLEGE ATTEST: Th I (61 flj Acting Secttary 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 acknowl- edgments, MITCEHLL WOLFSON and ROBERT H. McCABE 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 Dade and State of Florida, this /.aar day of My Commission Expires:n U'- FLORIDA '. 1I;GI ;.0 COMMISSION EXPIRES JULY 25, 1975 GENERRI. INXIMNGE UNDERWRITERS. INC. -3- County of A.D., 1972. "SUH- OR-i i4C DOCUMENT Notary Ptttblic TO:S.91A- 4/ t! RSV 7664 Fc 63 • CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Fl B • ity CI Ctft; (two Ce • 9 3, ) : C t Manager (SEAL) I, an officer authorized to ta4Ce acknowledgments, HEREBY CER- TIFY that on this I day of C_ tk , 1972, personally appeared before me M. L. REESE and ,. D. SOUTHERN known to me to be the City Manager and the City Clerk, respectively, of THE CITY OF MIAMI, a municipal corporation in and under the laws of the State of Florida, and known to me to be the persons who executed the foregoing instrument, and they severally acknowledged the execution thereof to be their free and voluntary act and deed as such officers, for the uses and purposes therein expressed, and that they affixed thereto the offcial seal of the said municipal corporation, all by and with the authority of law and of the City Commission, and that the said instrument is the free and formal act of the said municipal corpora- tion. WITNESS my hand and official seal in said County and State the day and year last aforesaid. My Commission Ex iresa PUBLIC, WOE OF Ft. NOTARY PUBLIC, [::r i 1 :cS Jk E,, l.O. 1§7S This Instrument Executed Pursuant to Resolution No. 72-61 Passed and Adopted April 6, 1972 Large APPROVED AS TO FORM AND CORRECTNESS Notary Public, State of.11oki •mot . ,,,: 0 APPROVED^AS TO41ESR1PTION City Att(ie Director, Department of Pubic Works This Instrument Prepared By: Ernest C. Geiger Department of Public Works City of Miami, Florida -4- imam $ ornct4t mow WC N PAW COUNTY, RAJ % WOW YE "SPFORTIVE DOCUMENT 4): Z. B. LEA ERUAIC' RIM est..iJ 411