HomeMy WebLinkAboutExhibitSec. ,Twp S,Rge E
Name:
Co. Name:
Parcel
L. D.##
Address:
(Maintained by County Appraiser
Reserved for Circuit Court
GRANT OF EASEMENT FPL WR #
THIS INDENTURE, made this day of , 2006, between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called
"GRANTOR"), and FLORIDA POWER & LIGHT COMPANY, 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 ten (10)
foot wide strip by approximately two thousand forty seven (2,047) feet running east/west,
of overhead utilities to be relocated and buried in the future for the perpetual, non-
exclusive easement, on City -owned property located at Watson Island, Miami, Florida of
the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part
hereof, (hereinafter called the "PROPERTY" or "EASEMENT") for the construction,
operation and maintenance of electric utility facilities to service exclusively City -owned
property (including wires, poles, guys, cables, conduits and appurtenant equipment) to be
installed from time to time; with the right to reconstruct, improve, add to, enlarge, change
the voltage, as well as, the size of and remove such facilities or any of them within the
EASEMENT, provided, however, that any future work other than repairs shall be
underground (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, 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 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
or discontinued by law or otherwise, the 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 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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