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HomeMy WebLinkAboutexhibit1 - grant of easmentReserved for Recording GRANT OF EASEMENT FPL WR #30164 & 17957 THIS INDENTURE, made this day of , 2004, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and FLORIDA POWER & LIGHT COMPANY, its licensees, agents, successors, and assigns, (hereinafter called "GRANTEE"); WITNESSETH: THAT, the GRANTOR, for and in consideration of Four Thousand Nine Hundred Ninety Three DOLLARS ($4,993.00) 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 an approximately 204.6 square foot perpetual, non-exclusive easement, on City -owned property, between Southwest 5th Street and Southwest 6th Street, adjacent to Jose Marti Park, Miami, Florida, of the GRANTOR, shown and described on EXHIBITS "A", "B", "C", and "D" attached hereto and made a part hereof, (hereinafter called the "PROPERTY" or "EASEMENT") for the construction, operation and maintenance of overhead and underground electric utility facilities to service the City and general public (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the Grant of Easement FPL WR # 30164 & 17957 Page 2 of 5 voltage, as well as, the size of and remove such facilities or any of them within the EASEMENT, (hereinafter called the "FACILITIES"), with full right of ingress thereto and egress therefrom. This grant of easement was approved by the City of Miami City Commission by Resolution No. on The GRANTEE shall regulate the installation and future operations of the FACILITIES so as not to conflict with normal operations of the GRANTOR, its licensees, agents, successors, and assigns; however, the GRANTEE shall have full right to enter upon the EASEMENT at any time when normal operations or emergency repairs of the FACILITIES are required. The GRANTEE agrees to indemnify defend and hold harmless the GRANTOR from all and against all suits, claims, judgments, and all loss, damage, costs, attorneys fees and court costs or charges arising directly or indirectly from the installation or maintenance, repair, use or existence of the GRANTEE'S FACILITIES within the EASEMENT. 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. Notice shall be provided to City of Miami, City Manager, 444 SW 2"d Avenue, 10th Floor, Miami, FL 33130, with a copy to City of Miami, Public Works Department, 444 SW 2"d Avenue, 8th Floor, Miami, Florida 33130. Grant of Easement FPL WR 430164 & 17957 Page 3 of 5 It is further understood and agreed by and between the parties hereto that GRANTOR reserves to 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 pavement, 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, the said EASEMENT shall cease and revert with the right of immediate possession and right of entry to the GRANTOR or its successors in interest. The GRANTEE agrees to restore, at GRANTEE'S sole cost and expense, any damage to the FACILITIES, or any areas used by GRANTEE'S agents for ingress and egress thereto, caused as a result of the use of the FACILITIES by the GRANTEE'S agents to a condition acceptable to the GRANTOR. Such restoration shall be done prior to the expiration of this agreement. The GRANTOR does hereby fully warrant that it has good title to the PROPERTY and that it has full power and authority to grant this EASEMENT.