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Home My WebLink AboutExhibit BPrepared by and return recorded copy to: City of Miami Department of Resilience and Public Works Attention: Director, Alan M. Dodd, P.E. 444 SW 2nd Avenue, 8th Floor Miami, FL 33130-1910 Location: 2260 NW 1st Court, Miami, FL, 33127 Folio No.: 01-3125-049-0010 Area Reserved for Recording PERPETUAL SIDEWALK EASEMENT THIS PERPETUAL SIDEWALK EASEMENT made this day of 2020 by Florida Power & Light Company, a Florida corporation ("Grantor"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408, to the City of Miami, a Florida municipal corporation ("Grantee"), whose address is 444 SW 2nd Avenue, Miami, Florida 33130. WHEREAS, Grantor is the owner of fee simple title in and to that certain real property more particularly described on attached Exhibit "A" (the "Easement Area"). WITNESSETH, that Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto Grantee, its successors and assigns, for the benefit of the public a perpetual non-exclusive public sidewalk easement for a public pathway for use by pedestrians solely for ingress and egress over and upon, and with full authority to enter upon, the portion of the sidewalk lying within the Easement Area. TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns forever. RIGHTS GRANTED TO THE GRANTEE, Grantee shall have the right of usage and enjoyment of the Easement Area for the benefit of the public, a public pathway for use by pedestrians solely for ingress and egress over and upon, and with full authority to enter upon, the portion of the sidewalk lying within the Easement Area. Grantor shall construct and maintain sidewalk within the Easement Area in good condition and repair, and clear and keep clear all trees, undergrowth, and other obstructions that interfere with normal pedestrian ingress and egress upon the Easement Area, out of and away from the Easement Area. Grantee hereby agrees not to build, place, construct or create, nor permit others to build, place, construct or create, any buildings, improvements or other structures whatsoever within the Easement Area, including without limitation, benches, bike racks, signs, trash cans or other similar items; nor shall Grantee construct, or cause any construction, of any vertical improvements whatsoever within the Easement Area. Grantor hereby reserves all rights of ownership in and to the Easement Area and does keep, save, preserve, maintain, and reserve unto Grantor and to each and all of Grantor's successors and assigns, all of Grantor's rights and interests in and to the Easement Area, including, without limitation, the right to grant further easements over, upon, across, through, within and under the surface of the Easement Area and the right to use the Easement Area for all uses whatsoever, provided such other easements and uses do not interfere with Grantee's use of the Easement Area as granted hereby. Grantee understands and agrees that the Easement Area, along with Grantor's adjoining real property is and will continue to be utilized and operated by Grantor and there exists risk of injury to persons, including Grantee and the public, and damage to Easement Area associated with Grantor's use of the Easement Area. Grantee agrees to use the Easement Area only for the purposes stated herein, and to accept and exercise all of its rights, privileges, covenants, promises, requirements, obligations and duties granted herein at Grantee's sole risk and expense and with no liability or expense to Grantor. Grantee understands and agrees that Grantee's use of the Easement Area is and always shall be on an "as is" basis and that Grantor, along with its parent, subsidiaries, affiliates and each of their respective officers, directors, employees, and agents (individually and collectively, "Grantor Entities") does not in any way make, offer, extend, deliver, give or provide unto Grantee or any other person or entity, any form of explicit or implied warranty, guarantee, promise, commitment, or representation concerning the safety, condition, quality or fitness of the Easement Area for any use or purpose. Grantee, as a municipal corporation, self -insures per the included "Exhibit B". Grantee, for itself and its affiliates, officers, directors, shareholders, members employees, heirs, successors, transferees and assigns, hereby agrees not to sue and not to seek reimbursement from Grantor, or Grantor Entities for any claims, demands or causes of action brought pursuant to applicable law by any third party including governmental entities and agencies (including without limitation first and third party claims for personal injury or real or personal property damage) judgments, damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), interest or losses including attorneys' fees (including any fees and expenses incurred in enforcing this covenant), consultant fees and expert fees that arise directly or indirectly from or in connection with Grantee's use of the Easement Area. This section shall survive expiration or termination of this easement coextensively with other surviving provisions of this easement. The Easement Area are to be used solely for the purposes stated herein. Grantee shall not be permitted to use the Easement Area for any other use whatsoever. This easement shall be binding upon successors and assigns, personal representatives, heirs, executors, and administrators, of the parties hereto. This easement will be construed under the laws of the State of Florida. Venue in any action or proceeding between the parties arising out of this easement shall be in Miami -Dade County, Florida. This easement may be executed in any number of counterparts, each of which so executed 2 shall be deemed to be an original, and such counterparts shall together constitute but one and the same easement. The Grantor and Grantee shall be entitled to sign and transmit an electronic signature of this easement (whether by facsimile, PDF, or other e-mail transmission), which signature shall be binding on the parry whose name is contained therein. Each party's representative below is hereby authorized and directed to execute this perpetual easement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Grantor and Grantee have caused this easement to be executed, acknowledged and delivered, all as of the Effective Date. Signed, sealed and delivered in the presence of: Signature:_ Print Name: Signature:_ Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH GRANTOR: Florida Power & Light Company, a Florida corporation By: Name: Title: ACKNOWLEDGMENT SS: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 2020, by , as of Florida Power & Light Company, a Florida corporation, on behalf of the corporation. [NOTARIAL SEAL] Notary: Print Name: Notary Public, State of Florida My commission expires: ❑ Personally Known OR ❑ Produced Identification Type of Identification Produced M ATTEST: Todd B. Hannon, City Clerk Manager APPROVED AS TO LEGAL FORM AND INSURANCE CORRECTNESS: Victoria Mendez, City Attorney Director 5 CITY OF MIAMI, a municipal corporation of the State of Florida Arthur Noriega, V, City APPROVED AS TO REQUIREMENTS: Ann -Marie Sharpe, Risk Management Department Exhibit "A" Easement Area Exhibit B Grantee Self -Insurance = OF hILUII CERTIFICATE OF SELF INPMLNCE C OVERAGE tX7, " — -.ote. — ENSURED: 2 r LP I N S L. R L, I I J, V L I ) F. ', -L'J-. ( J I 4• ETWMAG[ CITY OF NEA&Z A FCUMAIL SUBMUION OF THE STATZ OFFLOKDA, -M KMIPLOYEEL% AGK4T5 AND OFFICIALS TIfix Cm-dfir. im Lmmpil � m mamr efinh mrin a [ h- meal EDOmm ao riElu m-pam r1a Cm-ffwmEb Hnldea-. Tlmiz C ud&mm don nor ameK$ W14@mflL .1, — , k . — — — — Afi— — . M. M d I— . k . r. Fr-i . .. — . — ...1.. � F- L— I)-pe of GavErdgE EffEltiVE E,Tilzfbm Limits of Liability - m Thomand-- Date Date Q'-7NMAL LIABILla Bodi]yIqjm-, Propem, Damage Puioml Ilgm� d ---.:--)u-)Leted0pe3r3dom Untit 'oubined C =aotrai- ctial =m=1 mu, -Rd 7 K, DO Per C, 3=au. S: ',q) Dff OCC'MeLZE 3mad FormPrDpefty D.3ge ?aT3onzlhLiun Self-ILL-.-ured in accordance vdtlt S. W.jS F.S. onu!slgn-. 3o6jyhLjua), AL, ."-L) L Pmpeity DamageU W .'OnmedAatus 10'.91 TintiL Cmbmed (Prmzm Pmmeugu Awbs) mcei,:A S100 per Clamml $30 AR Owned Aut-m (Other than Pm -ate PmspE eE a, iffroked PEI 01CMUKE ELLied Aums Self -Insured in accordance with 1.1- (X) WDn Owned Autes UTORYMRS ('01MEMATION A' :� I'm unid WIC 2-mwmv LmLlL - Florida EMELQ= Tj AFIH cl revoked Self -Insured in accordance rdfk 8.440 F-&. ELANKETI)MHONESTYROND 10!upo Emil S2=' Per DZ=KCe Unle]Eli C! (bXLUdiGg fdffifta pUfMMRME, revoked Self-ImurEd in accordance rdtk S.?68.18 F.1 Mcolay & UKUMAS & d40MM pEKg[pTj0NnF npEILATIONS LOCATIONS VE.UME&SPECULATUU: Re: SEDEWALKEAMIENT r.-ANCELL xTTm : nam1d w of the aot-E de gmbEd cm mus be cancelled be:m the expeatinn flLum- the LwuinR Ca; hill en&n-w to mad 10 does Tuilbm nortu to the Certificate Hubiar nmei, ly.Tt faibza In, nmJ RLCb n0-ice abzR impose no obbs-dion, or h&bflh- &fam kmd upon The UW i3 ageM or rEm-,!rjtylr,,2i. Florida Pmvu & Light Attn: NEM SiL-%-Pr .-DO Universe Bh--d - B2f--'JB JUnD BeaciFl. 33409 FRANK G O M E Z FTul Cympz Property K, CasuaLw MauaWAmn Mane Shmpe. DbB= of RiskMMRgeMEMt Risk Mau-,e=. Depul=.. ;L1 SU- T" Are, h1jun, FL 33130 (30) 416-1740