HomeMy WebLinkAboutExhibit 1This Instrument Prepared by
Company: City of Miami
Office of the City Attorney
Julie 0. Bru, City Attorney
Address: 444 Southwest 2nd Avenue, Suite 945
Miami, Florida 33130
Reserved for Circuit Court
GRANT OF EASEMENT
THIS INDENTURE, made this day of 2009, between
THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter
called "GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State
of Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, P.O.
Box 330316, Miami, FL 33233-0316, hereinafter called ("GRAINTTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS
(510.00) and other good and valuable considerations, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE,
its successors and assigns, forever, the right and privilege of a non-exclusive water and
fire line easement on the property of the GRANTOR, shown and described on EXHIBIT
"A" attached hereto and made a part hereof, (hereinafter called the "FACILITIES" or
"EASEMENT") to construct, install, operate and maintain water and fire line facilities,
inspect water transmission and distribution facilities and all appurtenances thereto,
including but not limited to fire hydrants, and/or sewage transmission and collection
facilities and all appurtenant equipment, with the right to reconstruct, improve change
and remove all or any of the facilities within the easement, with the full right of ingress
thereto and egress therefrom on the express condition that it is used for the express
purposes provided herein;
12 VZ _3�
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; however,
the GRANTEE shall have full right to enter upon the EASEMENT at any time when
non -nal operations or emergency repairs of the FACILITIES are required.
By acceptance of this instrument, the GRANTEE agrees to indemnify and hold
harmless the GRANTOR from all and against all suits, claims, judgments, and all loss,
damage, costs or charges including attorney's fees and court costs arising directly or
indirectly from the installation or maintenance, repair, use or existence of the
GRANTEE'S FACILITIES within the EASEMENT. The GRANTEE acknowledges its
liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes.
This indemnification shall survive any cancellation of this agreement.
Any contractors utilized by GRANTEE in connection with activities undertaken
in connection with this water and fire line EASEMENT shall: (1) indemnify the
GRANTOR and the GRANTEE for the negligence of the contractor and its
subcontractors in connection with any activities undertaken on the Easement Parcel, and
(2) obtain and provide to GRANTOR and GRANTEE with a certificate of insurance for
commercial general liability on a primary and non contributory basis with limits of at
least $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury, including death
and property damage, affording coverage for premises and operations liability,
contractual and contingent exposures, products and completed operations, and including
coverage for personal and advertising injury, and any applicable endorsements in
connection thereto. In addition, the certificate must provide coverage for all owned, hired
and non owned autos with minimum limits of coverage of $1,000,000, and must also
reflect coverage for workers' compensation in accordance to statutory limits for the State
of Florida, and a limit of $500,000 for employer liability for each accident, disease each
employee and disease policy limit. In addition, the certificate must provide umbrella
coverage (excess follow form) with limits of $1,000,000 per occurrence, $1,000,000
aggregate. The certificate must list GRANTOR AND GRANTEE as an additional insured
with respect to general liability and auto, and umbrella coverage, and must reflect (30)
days on the cancellation provision, except for non-payment (10) days.
2
The GRANTOR shall be given written notice and the opportunity by the
GRANTEE to attend all preconstruction meetings on installation work of the
FACILITIES within the EASEMENT and shall be notified in writing well in advance of
the actual start of construction within the EASEMENT. It is further understood and
agreed by and between the parties hereto that GRANTOR reserves itself, its heirs and
assigns, all other rights not specifically granted herein, including but not limited to the
right to construct streets, cross and recross said EASEMENT, and the right to erect light
or telephone lines or any other improvements which do not hinder the operation of the
FACILITIES by the GRANTEE on an ongoing basis.
The GRANTEE shall be held responsible for any damage to adjacent property as
a result of the installation and future operation of the FACILITIES, and further, shall
restore all pavements, sidewalks, curb and gutter, existing utilities, and landscaping to a
condition acceptable to the GRANTOR.
The GRANTEE during the course of installation and future operation of the
FACILITIES, shall not encroach beyond the boundaries of the EASEMENT or any other
easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned
or discontinued by law or otherwise, or no longer of use for the purposes provided herein
or if the GRANTEE does not comply with any term covenant, or condition of this
instrument, the said EASEMENT shall automatically cease and revert with the right of
immediate possession and right of entry to the GRANTOR or its successors in interest.
The GRANTOR does hereby affirm that it has full power and authority to grant
this EASEMENT and GRANTEE accepts the property in "as is" condition.
All notices, requests, consents and other communications required or permitted
under this EASEMENT shall be in writing (including telex and telegraphic
communications) and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, telecorrnmunicated, or mailed (airmail if
international) by registered or certified snail (postage prepaid), return receipt requested,
or sent by any fonn of overnight mail, addressed to:
3
TO GRANTEE
Miami -Dade County
Department of Water and Sewer
P.O. Box 330316
Miami, Florida 33233-0316
TO GRANTOR
CITY OF MIAMI
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
WITH COPIES TO:
Cit_v of Miami City of Miami
City Attorney Director of Public Facilities
444 SW 2 Avenue, Suite 945 444 SW 2 Avenue, Suite 325
Miami, FL 33130 Miami, FL 33130
or to such other address as any party may designate by notice complying with the terms
of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered if
by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of
transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4)
on the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed; and
(5) one day after mailing by any form of overnight mail service.
Any disputes between the parties under this instrument will be resolved in
accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as
amended from time to time.
i]
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be
executed in its name on the day and year first above written. Attestation of this
EASEMENT by the City Clerk shall constitute evidence of approval by the City of
Miami.
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru
City Attorney
CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Pedro G. Hernandez
City Manager
APPROVED AS TO
LeeAnn Brehm, Risk
isk Management DA
5
CE
�z
ent Director
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH