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HomeMy WebLinkAboutexhibit1GRANT OF TEMPORARY CONSTRUCTION EASEMENT BETWEEN CITY OF MIAMI AND FLORIDA POWER & LIGHT COMPANY THIS AGREEMENT, made this day of , 2005, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called the "GRANTOR"), and FLORIDA POWER & LIGHT COMPANY, a corporation of the State of Florida (hereinafter called the "GRANTEE"). RECITALS GRANTOR, for and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE, its successors and assigns, the right and privilege of a Temporary Construction Easement with full right of ingress thereto and egress therefrom, (hereinafter called the "EASEMENT"), on approximately 600' by 620' construction work areas and two approximate 50'wide pipe layout corridors that will each extend from the indicated work area by about 2,000 feet of submerged property on the City -owned property (hereinafter called the "PROPERTY"), for staging/material storage and laydown/fabrication as more particularly described and shown on the construction drawings "P-I through P-8" which is attached hereto and made a part hereof. 5 o to 2- (7 GRANTOR reserves the right to use the PROPERTY for any lawful purpose that will not prevent or interfere with the exercise by the GRANTEE of the rights granted under this EASEMENT. The term of this EASEMENT shall be for a two-year period commencing on the day and year set forth below in which GRANTEE accepts the EASEMENT (hereinafter called the "EXECUTION DATE") provided, however, that if the construction and relocation of the two high voltage electrical cables are completed prior to the expiration of said one year period, this Grant of Temporary Construction Easement shall terminate upon completion of the construction and installation of the two voltage cables. Upon the expiration, termination or cancellation of the EASEMENT, GRANTEE shall restore the PROPERTY and any areas used by GRANTEE for ingress and egress to the PROPERTY, at GRANTEE's sole cost and expense, to the same condition or better than it was prior to GRANTEE's use thereof. GRANTEE shall be responsible, at GRANTEE's sole cost and expense, for any environmental clean-up, if required by a Federal, State or local agency, which may be caused by the granting of this EASEMENT. Should GRANTEE fail to restore the PROPERTY and areas of ingress and egress and perform any environmental clean-up as may be required pursuant to this EASEMENT within thirty (30) days after receipt of written notice from GRANTOR directing the required restoration and clean-up, GRANTOR shall cause the PROPERTY and the areas of ingress and egress to be restored and clean-up on behalf of GRANTEE, and GRANTEE shall pay GRANTOR the full cost of such restoration and clean-up 2 and the areas of ingress and egress to be restored and clean-up on behalf of GRANTEE, and GRANTEE shall pay GRANTOR the full cost of such restoration and clean-up within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required restoration and clean-up. GRANTEE shall exercise the rights granted herein in such a manner as not to cause any damage or destruction of any nature to or interruption of the use of the adjoining lands owned by GRANTOR. GRANTEE shall pay for and obtain the necessary and applicable permits in compliance with all Federal, State and local statutes, laws, rules and regulations in connection with its use of the PROPERTY. Upon the termination, cancellation or expiration of the EASEMENT, GRANTEE shall have the right to remove, at its sole cost and expense, any movable personal property that it places in or on the PROPERTY. If any part of the PROPERTY is in any way damaged by the removal of any movable personal property, said damage shall be repaired by GRANTEE at its sole cost and expense. Should GRANTEE fail to repair any damage caused to the PROPERTY within thirty (30) days after receipt of written notice from GRANTOR directing the required repairs, GRANTOR shall cause the PROPERTY to be repaired on behalf of GRANTEE and GRANTEE shall pay GRANTOR the full cost of such repairs within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required repairs. GRANTOR assumes no responsibility for any property of the GRANTEE, its agents, servants, employees or contractors brought on or about the PROPERTY and the 3 GRANTOR is released from all liability for any loss or damage to said property sustained by reason of GRANTEE's occupancy of the PROPERTY. GRANTEE accepts this EASEMENT and hereby acknowledges that GRANTEE's compliance with all applicable Federal, State and local statutes, laws, ordinances and regulations in its use of the PROPERTY, including but not limited to building codes and zoning restrictions, is a condition of this EASEMENT and GRANTEE shall comply therewith as the same presently exist and as such may be amended hereafter. GRANTEE shall provide all utilities for the PROPERTY, including but not limited to telephone, electricity, water, gas, garbage and sewage disposal. GRANTEE agrees to indemnify, hold harmless and defend GRANTOR and any and all of its agents and employees, from and in connection with, all claims, actions, judgments, liability, loss, cost, expense, court costs, attorney fees and demands of whatever nature incurred by, or presented against, GRANTOR arising out of or by reason of the actions of GRANTEE, its agents, servants, employees or contractors in the exercise of its rights hereunder, including allegations that GRANTOR was passively negligent or vicariously liable. GRANTEE agrees to take any and all remedial actions required by any governmental regulatory agency, including but not limited to environmental regulatory agencies. Prior to entering upon the PROPERTY, GRANTEE shall furnish to the GRANTOR policy/policies of insurance or certificates of insurance in form and such reasonable amounts approved by the GRANTOR naming the GRANTOR as an additional insured and protecting the GRANTOR, for the duration of the EASEMENT, against all 4 claims for personal injury and property damage arising out of or related to the activities undertaken by GRANTEE, its agents, employees, consultants and contractors, or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable, upon the PROPERTY or in connection with activities on the site. GRANTEE shall maintain, utilize and conduct any activities upon the PROPERTY in a proper and safe manner at GRANTEE's sole cost and expense. This EASEMENT shall be binding upon the parties herein, their successors and assigns. All notices or other communications which shall or may be given pursuant to this EASEMENT shall be in writing and shall be delivered by personal service or by certified mail, return receipt requested, addressed to the parties hereto at their respective addresses indicated below or as the same may be changed in writing from time to time. Such notice shall be deemed given on the day on which personally served, or if by certified mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. Notice shall be effectively served by GRANTEE upon GRANTOR when addressed to GRANTOR and mailed to the CITY MANAGER at 3500 Pan American Drive, Miami, Florida, 33133, with copies sent to the City Attorney and Department of Economic Development, 444 S.W. 2 Avenue, 9th and 3rd Floor respectively, Miami, Florida, 33130. Notice shall be effectively served by the GRANTOR upon the GRANTEE when addressed to GRANTEE and mailed to GRANTEE's Florida Power & Light Company Senior Environmental Specialist at Post Office Box 14000, Juno Beach, Florida 33408- 0420, with a copy sent to the Director of Florida Power & Light Company at Post Office Box 14000, Juno Beach, Florida 33408-0420. 5 This EASEMENT shall be construed and enforced according to the laws of the State of Florida and venue shall be in Miami -Dade County, Florida. In the event any paragraph, clause or sentence of this EASEMENT or any amendment is declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be stricken from the subject EASEMENT and the balance of the EASEMENT shall not be affected by the deletion. No waiver of any provision shall be deemed to have been made unless such waiver is in writing and signed by GRANTOR and GRANTEE. The failure of either party to insist upon the strict performance of any of the provisions or conditions of this EASEMENT shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. GRANTOR shall provide GRANTEE with written notice of any failure to perform or comply with the terms and conditions contained herein to be performed by GRANTEE. If GRANTEE fails to cure said default within thirty (30) days of receipt of written notice of default, in addition to the absolute right of termination that GRANTOR has as provided for herein, GRANTOR shall have the right to terminate this EASEMENT by giving written notice of such termination to GRANTEE in accordance with the provisions of this EASEMENT. 6 IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Miami -Dade, has caused this instrument to be executed in its name and its seal to be affixed hereto by the authority granted to the City Manager and the City Clerk at the November 13, 2003 City Commission Meeting by Resolution No.: 03-1154 hereby amended under Resolution No.: , authorized the 10`h day of March, 2005. 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: Jorge L. Fernandez City Attorney 7