Title
Iris Escarra, Esq., on behalf of Merrick View Holdings c/o Bayview Financial LLC, Owner of property located at 135 San Lorenzo Avenue, for permission to encroach under the right-of-way with four (4) 4" diameter concrete encased conduits for communication and electric cables, running underground across San Lorenzo Avenue from this property to the Village of Merrick Park, Coral Gables, Florida.
CITY MANAGER'S RECOMMENDATION:
That the request for encroachment consisting of concrete encased conduit, running underground across San Lorenzo Avenue from 135 San Lorenzo Avenue to the Village of Merrick Park, be approved, subject to requirements set forth by the Public Works Department, as listed below.
BRIEF HISTORY:
The Applicant, on behalf of the Owner, requests approval for encroachments under the right-of-way consisting of four (4) 4" concrete encased conduits for communication and electric cables, running underground across San Lorenzo Avenue from 135 San Lorenzo Avenue to the Village of Merrick Park, legally described in the attached Exhibit "A". All part of the "Revised Plat of Coral Gables Industrial Section" according to the plat thereof, as recorded in Plat Book 28 at Page 22 of the Public Records of Miami-Dade County, Florida.
As indicated in the letter of request, Bayview Financial is a long term tenant at the Village of Merrick Park at 4425 Ponce de Leon Boulevard and the Owner of the property located across the street at 135 San Lorenzo Avenue.
The recommendation is subject to the following requirements of the Public Works Department:
a) That the Applicant be listed as contact agency with Sunshine One for proper underground locations in the area.
b) That the use of this encroachment shall be only private and will not be providing access to any customer or third party.
c) The City of Coral Gables reserves the right to remove, add, maintain, or have the Owner remove any of the improvements within the right-of-way, and at Owner's expense.
d) That the Owner maintains the proposed encroachments in good condition at all times, and at Owner's expense.
e) That the Owner meet with the City Attorney's office for the purpose of providing all the information necessary for that office to prepare a Restrictive Covenant to be executed by the Owner which runs with the title of the property, and which states, in addition to the above mentioned, that the Owner of the property will provide Public Liability Insurance coverage for the encroachments in the minimum limits required by the City, and naming the City as an additional insured under the policy.
f) That copies of the Restrictive Covenant, when fully executed and filed, together with certification of required insurance, shall be presented to the Building Department and to the Public Works Department and permits thereafter be obtained for the work from both of these Departments.
g) That the Owner shall replace, at the Owner's expense, any portion of the encroachments affected, in the event the Public Works Department must issue a permit for a utility cut in the proposed area.
h) That the proposed encroachments be constructed in accordance with the Florida Building Code and all other pertinent Codes.