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GRANT OF EASEMENT
F.P. No. 2498352
THIS INDENTURE, made this day of , 2004, between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called
"GRANTOR"), and STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
its licensees, agents, successors, and assigns, (hereinafter called "GRANTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of One Dollar ($1.00) 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, a perpetual non exclusive easement on a strip of land fifteen (15)
feet wide on property owned by the GRANTOR located adjacent to Biscayne
Boulevard between Northeast 8 Street and 9 Street, Miami, Florida, shown and described
on EXHIBIT "A", attached hereto and made a part hereof, for the sole purpose of
constructing and maintaining a drainage system, which is in the public or community
interest and for public welfare, (hereinafter called the "PROPERTY" or "EASEMENT"),
with full rights of ingress thereto and egress therefrom.
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Grant of Easement
F.P. No.2498352
Page 2 of 4
The GRANTEE shall regulate the installation and future operations of the
EASEMENT 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
are required.
The GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR
from and against all suits, claims, judgments, and all loss, damage, costs, attorneys fees
and court costs or charges arising directly or indirectly from the construction, installation,
maintenance, repair, use or existence of the EASEMENT.
The GRANTEE shall give GRANTOR written notice and the opportunity to
attend all pre -construction meetings on installation work within the EASEMENT and
shall bg notified in writing well in advance but in no event later than 48 hours prior to the
start of construction. 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 2nd Avenue, 8t Floor, Miami, Florida 33130.
It is further understood and agreed by and between the parties hereto that
GRANTOR reserves to itself, its successors 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 GRANTEE on an ongoing basis.
The GRANTEE shall be responsible for all damages to adjacent property as a
result of the installation of the drainage system within the PROPERTY and further, shall
Grant of Easement
F.P. No. 2498352
Page 3 of 4
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
drainage system 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 PROPERTY, or any areas used by GRANTEE'S agents for ingress and
egress thereto, caused as a result of the use of the PROPERTY by the GRANTEE'S
agents $o a condition acceptable to the GRANTOR. Such restoration shall be done within
thirty (30) days after receipt of written notice from GRANTOR directing the required
restoration.
Grant of Easement
F.P. No,2498352
Page 4 of 4
IN WITNESS WHEREOF, the Grantor has caused this Easement to be executed
the day and year first above written.
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Joe Arriola, City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Alejandro Vilarello
City Attorney