HomeMy WebLinkAboutExhibit 11Reserved for Recording
GRANT OF TEMPORARY EASEMENT
Item/Segment No. 4128081
Parcel 702
THIS INDENTURE is made this day of , 2006, 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, the right and
privileges of a Temporary Easement, with full rights of ingress thereto and egress therefrom, on
approximately 3,761 square feet more or less of City of Miami owned submerged lands on the
Miami River, as more particularly described in EXHIBIT "A" attached hereto and made a part
hereof (hereinafter called the "PROPERTY"), for the sole purpose of facilitating the moving of
construction equipment during the bridge replacement and the associated roadway improvements
in connection with the Northwest 5th Street Bridge Reconstruction Project, which is in the public
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or community interest and for public welfare, (hereinafter called the "EASEMENT"), for a
period beginning with the date of execution hereof and continuing until completion of the
Project, but not to exceed one year.
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.
Notice to the Grantor in connection with this Grant of Temporary Easement shall be
provided to: City Manager, City of Miami, 444 SW 2nd 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.
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.
During the course of the bridge reconstruction, the GRANTEE 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
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EASEMENT shall cease and revert to the Grantor with the right of immediate possession and
right of entry to the GRANTOR or its successors in interest.
The GRANTEE agrees to restore, to a condition acceptable to the GRANTOR and 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. Such restoration shall be done within thirty (30) days
after receipt of written notice from GRANTOR directing the required restoration.
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:
Pedro G. Hernandez, City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Jorge L. Fernandez, City Attorney
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