1959-439. `
ORDINANCE NO. 439-
AN ORDINANCE AUTHORIZING SOUTH'FDADE PRO -
FGSS+IONAL BUILDING, I�
T= C., TO USE t PUB -
LIC RIGHOF -WAY OFD T E CITY OF SOUTH
MIAMI, ALONG AND S' ftg AS
\ DESI GNAT ED BY eC " -S TBMITTED FI0 AL RAN
\ FOR THE PURPOSE OF CONSTRUCTING MAIN-
TAIN N AND O PERATING`A SEWAGE LINE
THEREUNDE ,
RFOR'-THE SOLE USE OF THEIR
HOSPITAL' BUILDING.
BE IT ORDAINED BY1HE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH
MIAMI:
Section °" _l_. That permission be and the same is hereby granted
to South* a e ro ession'I Building, Inc., its successors and assigns,
to construct, main Cain and operate sewage, I.ine along, under, and
to
'toss, the".right -of -way and x °`pii61 c streets of the City of South Miani,
rovided the 'installation meets the requirements t of this,,ordinannce with
spubmitted final lan attached and made aaildin yin accordance
and
Florida, for the sole use of the hospital bu g
of the City's Code
of Ordinances.
Sedter nj2. The work,.of constructinb°undPrground sewage pipes
under this o-' rc� n ;nce -shall "be done subJ_6et �to the supervision of the
City, and South `ffade Professional Biii�lding, Inc. , shall replace or
properly relay and repair any sidewalks 'or scree "ts' Wit m_dy' -be dis-
placed by 'reason of such work., and upon"failure,of South`Dade Pro-
fessi oval Building; Inc., so to do, after twenty (20)Ydays_ notice -in
wr`i`ting shall have been ven by 1`t, he City to South -Dade Professional
Building, =Inc. , the' City may 'repair such portion of the' s'&ewalk or
street that may have been disturbed by South Dade Professional
Building•, Inc., and co h`ect the cost so incurred from South Dade
Professional Building, Inc.
in granted out Dade Professional Bu din Inc\ ,-,
Section 3. In consideration "of .the ri ..tcs a!d privil'eges here -
$ g, �. wh6, requested by
the City, at any time, will allow the City, without "cost'whatsoever,
.-to-connect or use in any manner deemed necessary, thikirA sewage line
to serve the residents of the mun cipali "ty of South Miami,,so)long as
,.
such ge,'leaves adequate facilities for the hospital building's needs.
Theint6 ti e residents, 'of the City of
The intent,of this Secton.is to prof cC"th
mi -n
Miami 'in the future as to any municipal•r'or county" sewage plan ""that
'ght be planned and put into o`perat`ion. However, it is the "further
intent of this Section that the South Dade Professional Building; Inc.,
shall not be required to pay for connections into their sewage line
for use of the same by third parties.
Sec66n'4. South Dade Professional Building, Inca, shall
indemnify Tt ity against, and assume all liabilities for, damages
.
which may e or accrue to the City for any in�u'ry'to persons or
property the doing 'of any work herein authorized, or the °neglect
of South Dade Professional Buildi-h , -Inc. , or any of its agents or
employees to comply with any ordinance regulatingA' the use of the
streets or right of -way of the City or other public ways and places
of the City; and "the 'acceptance by South Dade Professional Building,
Inc. , of this ordinance shall be an agreement 6t,v t 'r n� to 'pay to the
City any sum of money for which the City may bZ'O' 1i41le from or by
reason of such injury. \V!
Section '5. South Dade Professional Building', Inc.) shall file
with the City er of the City its acceptance of this ordinance
within sixty (60) 'days from the date when it shall take effect and
also execute an agreement with City as to the provisions of this
ordinance.
Section 6. Nothing in this - ordinance shall be construed
as a surren er o the City of its right or power to pass ordinances
regulating the use of its streets or other public ways and places
of the City.
Sectio6,7. This ordinance shall be in force and effect for
a term of twenty ('2'0) years from and after its passage, and the City
Ordinance 439 contd.
_ hereby reserves the right and requires South Dade Professional
Building; Inc,, or its successors - or assigns, as a condition ftecedent
to the taking effect of this grant, to give and grant to the City of
South g, a expfration of
su0i term,-- sa he r1 s under this grant, whatsoever, any or hl1
of su h -the ri tit to use--- �,ithout an cost whatsoever-j--
g g , .g sage leaves
adequate facilities for the hospital building's needs,.to promote the
health of the residents-of the City, and the acceptance of this"Wrdi-
nance shall operate as a grant by South Dade Professional Buildi�'ig °, '"Inc.,
to the City of said rights, subject to the provis'ions'of Section 3.
Section
i- `6.QOOu00 bond essi shall post
and mai'A' n a p the City 'to protect the
City "in`'any damage that might' arise from, a`ny provisions of this ordi-
nance during this grant. Sou'tti "Dade Professional Building, Inc., shall
Y include in their liability iiisurance- policy their sewage line.
Section 9 This ordinance shall become effective upon the
date of t e
Mayor's approval.
�4PASSED AND ADOPTED THIS -15th day of December, A D. 1959.
;'✓ ' t
}
ayor
ATTEST:
r;.
City Clerk
tm
i
g
Yi
A G R E E M E N T
THIS AGREEMENT, MADE this 17th day of December
1959, by and between SOUTH DADE PROFESSIONAL- I BUILDING-, INC., and the
CITY OF SOUTH MIAMI, a municipal corporation under the laws of the State
of Florida.
W I T N E S S E T H: V
WHEREAS, SouthDade Professional Building, Inc. is the owner
of South'Miami Hospital constructed on the following described land
and
located in South Miami, Florida:
u -16 -feet of N�,'1-125
Parcel ft. So'' ih 00 A
feet of West 300 `feet of E a a t -�S3_5" "' ie' ie' t
of SE 1/4 of NE 04' of NW 1/4 'i)f Vclfton
36, Township 54 South, Range 40 Bair,
Dade 'County", F-1di4&, accViding to Plat
Book'697, Page 628 'of'the Public iecords
of Dade County, Florida.
Parcel 42. South7 100 feet of North,125
feet of West 100 feet East eet
0 _4 , ,,,
of SE 4 'cif NW of § e'Wi o n
36, Township 5 ' 4 §d6U_'h Range 40 East;
Dade County, Florida, yace ' Ing to Plat
Book 1000, Page 113 of -the Public Records
of Dade County, Florida;
and
WHEREAS, South'Dade Professional Building, Inc., owner of
South Miami Hospital, wishes to construct a sewage Line through the
public right-of-way of the City of South Miami in order to connect
their sewage line from their hospital with the City of Coral Gables
sewage disposal plant;
NOW, THEREFORE, in consideiation of the mutual covenants and
agreements hereinafter set forth, South Dade Professional Building,-Inc.,
and the City of South Miami hereto covenant and agree as follows:
Part 1. South Dade Professional Building Inc.
agrees to the following:
A. Construction, maintenance and repairs of all
underground sewage pipes shall be done' subject
to the supervision of the City of�Sbuth
III
Miami.
B. To replace or property relay any side-
walks or streets that may be diipiiced
by reason of any sewage pipes and upon
failure to do so after twenty (20)
days notice In writing shall have been
4P
4
I'll, M
r�
r.
r
&Avail uy Lite L,ity to allow the
City to repair such portion of
any sidewalk or street that may
have been disturbed and to collect
the cost so incurred from the South
Dade Professional Building, Inc.
C. The City of South Miami at any
time upon request, without`cowi
whatsoever shall be allowed to
connect or use in any manner
deemed necessary'; any Or all
age lines for the p")rpose'.
sew
of serving' the res'iden.L, of the
municipall y of South Miami, so
long as such usage leaves ade-
quate facilities for "'the hoop -.
ital` buildi g's needs. However,
it is'undera food "that South Dade Pro- ,
fessional Building,`Inc., shall
not be required 'to pay 'for- c-6nn-
ections into their sewage'Iine
for use of the same by third parties.
D. To `ifidemnifythe'City of South
Miami aga`in'st and assume "all"
� '
liabilit-,if es for any damages which
may rise - r ad'6f a tq.'the City
. e' .
for any injuries Co p ons or �
property fr "oa.ctie` doiag of any r
work in connection with the con -
struction, maintenance or repair's
of sewage "lines, and the neglec
or negligence 'of any Hof the 'agents
or employees in Mling'"0 coaply
with any Ci y or ii ce'regula[iig
the use of "the 'streets "or right -
of -way of the City -of other public
ways and places 'of ``t`he City; 'further
to pay 6) the City any sum of money
for which the City ma` become liable
from or by reason of such injury.
E. Nothing "in s'` "agr`eement shall
be construed as a` out render of
the City of lite right or power
to pass ordfnances regulating
the use of its streets or pub-
lic ways and places of the City.
F. To conAder th' "a'gL'reement to be
in force'`and effect for a term of
twenty (2_0)"
years from and after
its execution and to bind the succ-
essors or assigns of South Dade
Professional Building, Inc.
G. Submit plans of sanitary sewer
facilities for hospital, includ-
ing °plans_ of sewer Wine -from
hospital to 0'6int of tie' -in
with Coral Gables sewer system,
prepared by a qualified registered
engineer.
IPA!
N
1511
I, M
H.
File with the\'ity copies of
approval required from other
Governmental agencies having
jurisdiction.
I.
File with the City a ceriffi-
cate sigeed b th e ir i nji n er to the
effect that the work has been 'pio-
perly ftMA7lfVd1ccd'edrti& to AM&
and specifications approved by th
City and thatrinAltration is with-
in allowable limijp.
J.-
Assume full 'responsfbility for
coatinuftnii mAn"Oe"nance and oper-
ati'
on of facilities.
K.
Not to'pkinit any other conn-
ectiolninio line without approval
of the City.
L.
tiAtic �ontrols', 16,
To maintain n
accordance . with ig"mmendiftons of
4. '"' "W'"i, during - _'
Y'Of South
the City con-
stru6tio-h sewage 'lihe and 'in .the
futuri'during any maintenance or re-
pairs that might be necessary thereto,
during the term of this grant.
M.
To post 'and maintain a $10'000'bond,
accept 'to the City, tolpfb�iect
the City'in any damages that might
arise from any prd 6di of this
ordinance during the grant.
To include inA '9e ;ir Liability insur-
ance policy their sewage line.
Part 2.
The City of South Miami agrees to the
following:
A.
To allow South Dade Professional
Building, Inc., to use the pub -
s
);
lic right-of-way of the City of
South Miami, along and across its
Streets, as designated by a sub-
mitted Final Plan, to construct, main-
tain and operate sewage line there-
under for a period of twenty (20)
years.
1511
I, M
It-is mutually agreed by and between the parties hereto that
the covenants are binding upon thi parties'hereqo and their lawful
successors and assigns.
IN WITNESS WHEREOF, SOUTH DADE PROFESSIONAL BUILDING, INC.;
and the CITY OF SOUTH MIAMI have caused these presents to be signed in
their names'by their duLy authorized officers the day and year first
above written.
Signed, sealed and delivered SOUTH DADE PROFESSIONAL BUILDING INC.
.-in the presence of:
By
Jame l—I Vyons D.
Nbiai� Pw:c, tt6jt"'.4 It tVsid6nt
MY 15, jq5'3'
su.'ety CO. Of V. Y.
ff
ATTEST with corporate seal
icobert M. Oliver M. D.
Secretary - Treasurer
F
-4-
Ir
I
i
- 1
THE CITY OF SOUTH MIAMI
'L. M. McConne 1
City Manager
ATTEST with cot o ate seal
r^ /
C. B. Petry
City Clerk
`01
Approved as to form
-;
Hug an Long, y A[t ey
STATE OF FLORIDA )
SS
COUNTY OF DADE ) �C
.: Before me this day personally appeared James F. Lyons and it 3
� President
t ��r ident and Secretary- Treasurer, respectively, of SOUTH DADE
PROFESSIONAL BUILDING, INC., authorized to transact business in the State
of Florida, to me well known to be the persona described in and who executed
the foregoing instrument, who upon being duly sworn acknowledged the execu-
ti.on thereof to be their free and voluntary act and deed as sucOofficers of
said corporation and for the purposes therein mentioned sad that they affixed
the official seal of said corporation by and with the authority of -the Board
of Directors and that the same is the free act and deed of said corporation.
Witness my hand and notarial seal at Miami, Florida, this (-
a
day of A A.D. 1959.
i Notary Public, State of PI rida
My Commission expires: C
ex4ties
LL
-5—
b
.6-
T
y
—
STATE OF FLORIDA )
SS
COUNTY OF DADE )
BefRCe`me this day personally appeared L. M.
McConnell and C. B. Petry, City Manager and City
Clerk, respectively, of the CITY OF SOUTH MIAMI,
a municipal corporation under the laws of the State
*'
of Florida, to me well known,to be the persons des -
cribed in Arid who executed the foregoing instrument,
who upon duly sworn acknowledged the execution there -
of to be their free and voluntary act and deed, as
City Manager and City Clerk of said municipal cor-
poration as aforesaid and for the purposes therein
t`
mentioned, and that they affixed the official seal
of said municipal corporation by and with the author-
ity conferred upon them and that the same is the free
�4
act and deed of said municipal corporation.
(-i
Witness my hand and notarial seal at South Miami,
Florida this 7 of
_day
A.D. 1959.
-
Notary Public, State of Florida
My commission expires:
Notary public, State of rlorida at tarV
Fxp'res 1�y 15. 1963
r1
My Commission
by Surety Co. o; N. Y.
.6-