HomeMy WebLinkAboutExhibitSec. ,Twp S,Rge E
Name:
Co. Name:
Parcel
L.D.# Address:
(Maintained by County Appraiser
Reserved for Circuit Court
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2006, between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called
"GRANTOR"), and BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia
Corporation, its licensees, agents, successors, and assigns, (hereinafter called
"GRANTEE");
WITNESSETH
THAT, the 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, forever, the right and privilege of an approximately six (10)
foot wide strip by approximately two thousand eight hundred twenty five (2,825) feet
running east/west, and a six (6) foot wide strip by approximately one hundred twenty nine
(129) feet running north/south, perpetual, non-exclusive easement on the property of the
GRANTOR, shown and described on EXHIBIT "A," attached hereto and made a part
hereof, (hereinafter called the "PROPERTY" or "EASEMENT") to construct, operate,
maintain, add, and/or remove such systems of communication, facilities, provided,
however, that any future work to any overhead facilities other than repairs, shall be
underground, stand-by generators and associated fuel supply systems as a means of
providing uninterrupted service during commercial power outages, with all wiring, cable,
or conduits to be placed underground, with the right to reconstruct, improve, change the
voltage, and remove such facilities or any of them within the EASEMENT, (hereinafter
called the "FACILITIES"), with full right of ingress thereto and egress therefrom.
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; 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,
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with a copy to City of Miami, Public Works Department, 444 SW 2' Avenue, 8th
Floor, Miami, Florida 33130.
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, discontinued by law, or otherwise, said EASEMENT shall automatically
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 City. Such restoration shall be done prior to the
expiration of this agreement.
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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.
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 , 2006 City Commission Meeting by
Resolution No.: , authorized this day of , 2006.
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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