Loading...
HomeMy WebLinkAboutgrant of easementGRANT OF EASEMENT BY CITY OF MIAMI TO FLORIDA POWER & LIGHT COMPANY THIS AGREEMENT, entered into this day of , 2003, A 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 considerations, 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 non-exclusive Easement on Biscayne Bay with full rights of ingress thereto and egress therefrom, (hereinafter called the "EASEMENT"), to relocate, construct, install and maintain two existing high voltage electrical cables in order to accommodate the dredging of the South Channel of the Port of Miami (hereinafter, collectively called the "FACILITIES"), on the property of the GRANTOR (hereinafter called the "PROPERTY"), as more particularly described in Exhibit "A" which is attached hereto and made a part hereof. GRANTEE shall regulate the installation, operation, repair, replacement, removal and any other activities herein permitted with respect to the FACILITIES and all future operations within the PROPERTY so as not to unreasonably conflict with the normal operations of the GRANTOR. 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. GRANTEE shall have full right to enter upon the PROPERTY for the purposes of normal operations, maintenance or emergency repairs of the FACILITIES, 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 commencing construction on the PROPERTY, GRANTEE shall furnish to the GRANTOR policy/policies of insurance or certificates of insurance from GRANTEE'S contractors 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 construction, against all 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 2 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 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. GRANTEE shall be held responsible for any damage to adjacent property as a result of its installation of the FACILITIES within the PROPERTY and future operations therein to the extent said damage arises from the actions of GRANTEE, including any of its employees, agents, contractors of GRANTEE. GRANTEE shall notify GRANTOR of all pre -construction meetings on installation work of the FACILITIES and all future construction operations within the PROPERTY and permit attendance by GRANTOR at same. GRANTOR shall be notified within forty-eight (48) hours of the actual start of construction of the FACILITIES within the PROPERTY. Any restoration of the PROPERTY necessary as a result of damage associated with construction, maintenance, replacement, repairs or removal shall be at the GRANTEE's expense. Should GRANTEE fail to restore the PROPERTY within thirty (30) days after receipt of written notice from GRANTOR directing the required restoration, GRANTOR shall cause the PROPERTY to be restored on behalf of GRANTEE, and GRANTEE shall pay GRANTOR the full cost of such restoration within thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required restoration. 3 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. GRANTOR assumes no responsibility for any property of the GRANTEE, its agents, servants, employees or contractors brought on or about the PROPERTY and the 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 not encroach beyond the boundaries of the PROPERTY during the course of construction or installation of the FACILITIES and future operations within the PROPERTY. Should GRANTEE fail to remove an encroachment within thirty (30) days after receipt of written notice from GRANTOR directing the required removal of encroachment, GRANTOR shall cause the encroachment to be removed on behalf of GRANTEE; and GRANTEE shall pay GRANTOR the full cost of such removal within 4 thirty (30) days of receipt of an invoice from GRANTOR indicating the cost of such required removal. Should GRANTEE at any time abandon the use of the PROPERTY or any part of it, or fail at any time to use it for the purpose specified herein, the right given shall cease to the extent of the use so abandoned or discontinued, and GRANTOR shall at once have the right, in addition to but not in derogation of the rights reserved, to resume the exclusive possession of the PROPERTY or the part whose use is discontinued or abandoned. 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 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 date of actual receipt. 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, 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. This EASEMENT shall be binding upon the parties herein, their successors and assigns. 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. 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 , authorized this L•2th day of Peeen+ber- 2003, /1d of CITY OF MIAMI, a muni the Statta,of Florida By: al corporation of Joe rkola City anager 6 ATTEST: Priscilla A. Thompson City Clerk APPROVED FORM AND CORRECTNESS: flare Attorney Aw#0300990 [ AppRo‘TD ,,:\s TO FORM LEGAL. SLFTICIENCY: .1 I [.(.)111-) i't)\\TR 1.1( rH .1 Florida C orporutiori